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Extracted from Malaysiakini
Natives: Map will prove our claim
Tony
Thien | Jul 10,
Lawyers acting for a group of Bidayuh
villagers in Bengoh who complained about encroachment
into their native customary rights (
“The map will show that most of the land in the area, part of which has been
encroached by a nearby licenced quarry operator, is
in fact
The seven plaintiffs, representing some 120 families in Kampung
Bengoh, about an hour south of
Kuching, are applying for an injunction to stop the company from
trespassing on their farming land, claiming that it will damage their crops.
The five-year quarry licence was issued to Naim Cendera Lapan
Sdn Bhd, a wholly-owned
subsidiary of public-listed construction and development
company with close links to Chief Minister Abdul Taib
Mahmud.
Recently, the seven plaintiffs obtained an ex-parte
injunction but it was dissolved in chambers before Kuching High Court judge
Linton Albert this morning after a 21-day lapse.
Naim Cendera Lapan, through its counsel Alvin Chong,
George Loh and Alicia Chong, had yesterday and today
filed and served a number of affidavits to
oppose the injunction without prejudice, mainly on the grounds that it had
obtained permission from owners to enter the land. The company also claims to
have compensated the villagers for the privilege.
The judge fixed July 28 for hearing the application for an inter-parte injunction.
All
eyes on Bengoh
Meanwhile, Naim Cendera Lapan has given an undertaking that it will stay clear of
the disputed land and refrain from carrying out any blasting work. However, it
claims to have the right to work on land that is not involved in the dispute,
provided it has consent from the owners.
The
The dam project was originally awarded to Naim Cendera Lapan. However, it
sub-contracted work out to a Chinese company, Sino Hydro, for half the original
contract sum.
