PUTRAJAYA — The Federal Court here today granted two non-governmental organisations (NGOs) leave to appeal against the dismissal of their judicial review application challenging the degazettement of Bukit Cherakah as a forest reserve.
A panel of three judges led by Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli held that the legal questions raised by Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) and Shah Alam Community Forest Society (SACF) required further arguments for determination by the apex court.
“In such circumstances, the leave application is allowed,” Justice Abdul Rahman said.
Also on the bench were federal court judges Datuk Abu Bakar Jais and Datuk Abdul Karim Abdul Jalil.
The NGOs are challenging the Selangor state government’s decision to degazette 406.22 ha of Bukit Cherakah in a backdated manner.
In 2022, the Shah Alam High Court denied the groups leave to commence a judicial review for their challenge.
The groups appealed, and were dismissed by the Court of Appeal on January 24 this year, on grounds that the the judicial review application had been filed out of time.
The NGOs then took the matter to the federal court seeking leave to appeal the lower court’s decision, claiming it was illegal for the Selangor government to backdate a gazette.
The decision to degazette Bukit Cherakah was made on November 20, 2000, but the gazette was only published on May 5, 2022, almost 22 years after the decision was made.
In their application for judicial review, the NGOs named the Selangor government, the State Executive Council, the State Forestry Department director, and the Petaling Land and Mines Department as respondents.
The other respondents were YCH Development Sdn Bhd, Perbadanan Kemajuan Negeri Selangor and Restu Mantap Sdn Bhd.
The NGOs were represented by lawyer Rajesh Nagarajan and Sachpreetraj Singh Sohanpal.
Assistant state legal advisor Khairul Nizam Abu Bakar appeared for the Selangor government, the state Executive Council, the state Forestry Department director, and the Petaling Land and Mines Department.
Other lawyers appearing were Ng Ka Choon and Low Jiah Yee for YCH Development, Ganapathi Ramasamy for Perbadanan Kemajuan Negeri Selangor, and John Wong Yok Hon for Restu Mantap.
Lawyer New Sin Yew and Abhilaash Subramaniam represented the Malaysian Bar as amicus curiae (friends of the court). — September 9, 2024