THE Kota Baru High Court today granted a group of Orang Asli an injunction compelling all companies to stop work around Kampung Kelaik and Kampung Cabil of Pos Blau in Gua Musang, Kelantan.  

The ex-parte injunction also stops the Kelantan government from approving the projects, lawyer Rajesh Nagarajan told The Malaysian Insight.

The lawyer from Messrs Raj and Sach representing the Orang Asli said the decision is a milestone for indigenous rights. 

“It is also our fervent hope that this decision will act as an impetus for more Orang Asli across the country to file suits to have their land declared ancestral land.”

Last week the Orang Asli of Pos Blau filed suit against the state government to stop encroachment on their  ancestral land that began in 2015.

The Orang Asli seek a declaration on their native customary rights and that they are the owners of their ancestral lands surrounding Kampung Kelaik and Cabil.

They also seek a declaration that the state’ government’s licence or permission for the encroaching parties was contrary to the law, illegal and void.

The court will have another hearing on April 7 to decide on an inter-parte injunction, Rajesh said.

“The court will then have to decide whether to keep the injunction until the disposal of the main suit.”

He said the suit named 14 defendants –  the state government. directors of the Land and Mines, Forestry and Orang Asli Development Departments, (Jakoa), the Kelantan government and and all 10 encroaching parties.

Co-counsel Sachpreetraj Sigh Sohanpal said the land was encroached on for mining, logging and planting activities.

“They’ve gradually encroached on the land to the point that they now occupy a large portion of it.

“They’ve all been granted licences (to do so) by the director of land and mines of the state of Kelantan and by the state government,” he said.

About 30-40ha of land is in dispute. The two villages are home to around 200 families. – March 18, 2021.