TWO environmental groups have called on their lawyers to initiate contempt of court action against a developer for carrying out work at the Bukit Cerakah forest reserve. 

Lawyer Rajesh Nagarajan, who is representing Khazanah Alam Malaysia (Peka) and Shah Alam Community Forest Society (SACF), will be filing the suit. 

He said the developer had violated a Shah Alam High Court order prohibiting a parcel of land from being developed.

“Despite us getting the stay, the developer is still carrying out work there,” he told The Malaysian Insight. 

“The court order states that they must stop work. They cannot just ignore the court order.” 

Rajesh said on August 11, a hearing was held with regard to the Bukit Cerakah judicial review application.

He said the High Court granted an interim stay against the degazettment of the Bukit Cerakah forest reserve, pending the leave hearing on September 28.

“We are shocked, because they (developer) have been given copies of the notice (interim injunction),” he said. 

“Even the developer’s solicitor was also informed on the matter. Still, we are getting reports that they are doing work there.

“In fact, my client went to the site and informed us that they are doing blasting (works).” 

Rajesh said he will be filing the suit by the end of this week. 

Peka and SACF are seeking a judicial review to challenge the legality of the degazettement of 406ha in the forest reserve.

SACF had previously questioned the Selangor government’s move to degazette the forest reserve without going through the procedure of a public hearing.

SACF honorary treasurer Dr Teckwyn Lim had said the degazettement contravened Selangor forestry laws, which state that a public hearing must precede a degazettement and that the state government had “excised” a big chunk of the forest reserve on May 5.

Lim urged the state government to amend its forestry laws so that the degazetting of forest reserves requires the approval of the state legislative assembly. 

Fifty-three civil society groups have also accused the Selangor government of failing to follow the due legal process and are demanding that Menteri Besar Amirudin Shari revoke the degazettement immediately.

They also said there should have been mandatory public inquiries prior to any excision of forest reserves.

Bukit Cerakah was named in 1909 and is popular with nature lovers, hikers and tourists.

The forest reserve is also home to a diverse range of flora and fauna, including tapirs, white-handed gibbons, and hornbills, and more than 450 species of plants. –  September 13, 2022.