Land Rights Dispute: Orang Asli Kelaik Pursue Customary Land Claim
The High Court was informed today that the 11th, 12th, and 14th defendants had unlawfully managed and transferred ownership of Orang Asli Kelaik customary land without the consent of its rightful custodians.
Testimony of Anjang Uda
Testifying as the second plaintiff in the customary land claim, Anjang Uda, 34, said that he and two other plaintiffs would establish that their occupation of the land had been inherited through generations.
"We are also pursuing this action against the first to 10th defendants, whom I believe have unlawfully occupied and trespassed on the customary land for commercial activities," he testified.
"My fellow plaintiffs and I will prove that our occupation of the land is ancestral by presenting evidence of our long-standing settlement and use of the land," he added.
Witnesses Present Evidence
On the second day of the trial, the plaintiffs, represented by counsels Sachpreetraj Singh Sohanpal, Rajesh Nagarajan, and Ambbi Balakrishnan, presented three witnesses, Anjang Uda, Ahak Uda, 58, and Aziz Angah, 37, who testified before Judge Hasbullah Adam.
Background of the Lawsuit
The civil lawsuit, filed by the Orang Asli of Kampung Kelaik against 14 entities, including the Kelantan government, commenced yesterday at the High Court and is scheduled to proceed over four days. The lawsuit was filed in March 2021 at the Kota Bharu High Court on behalf of the plaintiffs and the residents of Kampung Kelaik, seeking a declaration of their rightful ownership over the disputed ancestral land.
List of Defendants
The plaintiffs have named ten corporate entities as the first to tenth defendants: Syarikat Perlombongan Gua Musang Sdn Bhd, Redstar Capital Sdn Bhd, Aqua Orion Sdn Bhd, Damai Corporate Services Sdn Bhd, Sindiyan Sdn Bhd, Sindiyan Agro Park Sdn Bhd, Ladang Kelantan Sdn Bhd, Ikrar Bumi Sdn Bhd, Ladang Ulu Nenggiri Sdn Bhd, and Iliasco Engineering & Construction Sdn Bhd, who were represented by separate law firms.
The 11th to 13th defendants are the State Land and Mines Office, State Forestry Department, and Kelantan government, who were represented by the Kelantan Legal Advisor Offices.
The 14th defendant is the Department of Orang Asli Development, which was represented by the Attorney General’s Office.
Conclusion
The trial will resume tomorrow, as the Orang Asli Kelaik continue to fight for their rights to their ancestral land. The outcome of this case will have significant implications for the community and the country, as it sets a precedent for the protection of indigenous rights and the preservation of cultural heritage.
FAQs
Q: Who are the defendants in the lawsuit?
A: The 14 defendants in the lawsuit are the 11th, 12th, and 14th defendants, who have been accused of unlawfully managing and transferring ownership of the Orang Asli Kelaik customary land.
Q: Who are the plaintiffs in the lawsuit?
A: The plaintiffs in the lawsuit are the Orang Asli of Kampung Kelaik, represented by three individuals, including Anjang Uda, Ahak Uda, and Aziz Angah.
Q: What is the purpose of the lawsuit?
A: The purpose of the lawsuit is to seek a declaration of the rightful ownership of the disputed ancestral land, which has been occupied and used by the Orang Asli Kelaik for generations.