By Ling Hui
KOTA SAMARAHAN, Feb 15: Over 30 villagers are now temporarily allowed to enter their own farms in Sebuyau after the Sessions Court here today approved their application for an ex parte injunction.
The villagers’ co-counsel Dominique Ng said the paths to the villagers’ farms were barricaded due to construction work on part of the coastal highway project in Sebuyau.
Ng, who is also Sarawak Association for People’s Aspirations (SAPA) president, said a trial was originally set on Thursday (Feb 9) for the villagers to claim their Native Customary Rights (NCR) over the land involved.
Due to medical reasons, the trial was postponed to a later date, but on Feb 9, the villagers found that their land have been trespassed by personnel from Land and Survey Department and contractors, as well as blocked off by the police without the knowledge of the court or the land owners.
“The court had agreed to postpone the trial, but at that time, without letting the court or us know, the Land and Survey Department apparently led the construction contractors to enter our clients’ land.
“And then the police just blockaded the whole area, preventing our clients from going to their farms. The police even told the villagers to present the court injunction, otherwise they won’t leave.
“In fact, they should be the ones going to the court to get a court order (to carry out any activities on the villagers’ lands),” Ng told DayakDaily today.
The ex parte injunction only gives villagers temporary access to their farms, he added.
Looking forward, Ng said the court would be giving direction for an inter partes hearing where the court will be hearing from both parties, namely the villagers and Land and Survey Samarahan Division.
“It’s a matter of principle. We are not against the project because it will eventually bring benefits to the community.
“We are not against the project, just that there are procedures for us to put in to compensate the NCR land owners, and we have followed all the procedures,” he added. — DayakDaily
