The Court of Appeal has dismissed an application by 131 durian farmers in Raub, Pahang, seeking permission to enter their orchards to cultivate and maintain their fruits while their appeal against eviction notices is pending. The application was heard by Justice Lee Swee Seng, who ruled against the farmers after considering submissions from their legal representatives and the state government among others. The court, however, stipulated that no structures on the land are to be destroyed without its permission during the appeal process.
Perbadanan Kemajuan Pertanian Pahang (PKPP) has been directed to ensure the maintenance of the durian trees, including fertilization, watering, harvesting, and protection from pests and animals. As a co-respondent in the appeal, PKPP is also required to submit monthly affidavits detailing the grade and selling prices of the durian fruits. The decision on the costs of the application was not specified.
The farmers had sought a stay on the High Court's decision last month, which dismissed their bid to quash the eviction notices, labeling them as "squatters" and refuting allegations of bad faith by the state government. They appealed for a temporary halt on eviction and permission to access the land for maintenance. The state government had expressed its opposition to the farmers' unauthorized access to the state land. The appeal is set for case management on July 25, with the farmers' group leader, Chang Yee Chin, indicating that the court's decision reflects a priority for the well-being of the durian trees over the dispute's outcome.
Source: freemalaysiatoday.com