Court of Appeal rules: no orchard access for farmers, state to tend durian trees

131 durian farmers barred from accessing their orchards in Raub, pending farmers' appeal against eviction notices

6:51 PM MYT

 

KUALA LUMPUR – The Court of Appeal has denied 131 durian farmers access to the orchards they operated in Raub, Pahang, following their bid to challenge the eviction notices issued by the state government.

However, the court also ruled that the state government will not be allowed to destroy any structures or durian trees on the affected plantation land involved.

Additionally, the court also ordered state agency Pahang State Agricultural Development Corporation (PKPP) to maintain the durian trees on the land by providing sufficient fertiliser and water, apart from harvesting fruits, and warding off any pests or animals.

PKPP is also required to file an affidavit by the 10th of every month to account for the grade of durian fruits and their selling price.

The ruling made by justice Lee Swee Seng applies temporarily, pending an appeal by the durian farmers to challenge the Kuantan High Court’s decision, which rejected their application to challenge the eviction.

Together with their appeal to challenge the high court’s decision, the durian farmers had also applied for an interim order to enter the orchards to maintain the trees pending the full disposal of their appeal.

PKPP, along with the Pahang Forestry Department director, Pahang government, and Royal Pahang Durian Resources PKPP Sdn Bhd are named respondents to the appeal.

The appellate court set July 25 for the next case management. – May 28, 2024

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