A file photo from 2019 showing Siah (sixth left) together with the appellants at the court.
KUCHING (Nov 25): The Federal Court yesterday, chaired by the Chief Judge of Sabah and Sarawak Dato Abang Iskandar Abang Hashim, dismissed an appeal in the case of Tuai Rumah Ramba Bungkong against Asco Green Sdn Bhd and the Sarawak government.
In the ruling, the Federal Court stated that since the Court of Appeal and the High Court’s decision were made prior to the Land Code (Amendment) 2018, their decision was therefore correct and thus the Federal Court will not disturb the decision of the Court of Appeal and the High Court.
The Court also ruled that since the land has been issued with the lease of state land to Asco Green Sdn Bhd, the land is therefore indefeasible and could not be excised out to be returned to the native appellants even if NCR land is found on the said Land.
Therefore, the appeal against Asco Green Sdn Bhd was dismissed.
On the appeal against the Superintendent of Land and Survey and the Government of Sarawak, the Federal Court ruled that since there was a statutory amendment which came into effect on August 1, 2019, the statutory recognition must be given effect and therefore the case against the Superintendent of Land and Survey and the Government of Sarawak was ordered to be reverted back to the High Court for trial to determine whether there is NCR over the said land.
If NCR is found to exist over the said land, the native appellants will only be compensated with damages (compensation).
“Although there is still hope for the native appellants to claim for compensation, their land is effectively gone,” said counsel Simon Siah who represented the appellants in a statement yesterday.
He added it has been a common grievance amongst natives claiming that their NCR land has been issued with leases to a company without their knowledge.
“However, it is provided under Section 15 that extinguishment has to be done first before alienation of land for whatever purposes. This has not been done for most of the NCR claims in court,” said Siah.
He added that prior to the company coming into the NCR land, TR Ramba Bungkong and his ‘anakbiaks’ (charges) were given grants by Malaysian Palm Oil Board (MPOB) to plant in their NCR land.
Only after they had finished clearing their lands that the company came in with a lease into their land.
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