KUANTAN: The Court of Appeal has allowed an appeal by a group of Raub durian farmers against the Kuantan High Court's dismissal of their leave applications for a judicial review.

       Their lawyer, Siew Choon Jern, said the Court of Appeal allowed the farmers' appeal and granted the leave on Wednesday (Sept 8), which resulted in the High Court's decision being set aside.

       "The Court of Appeal also decided for a stay order to be granted pending the substantive hearing of the judicial review application before the High Court. The matter was then remitted to the High Court for case management on Sept 22," he said.

       The first batch of 110 farmers and another group of 94 had named the Raub district land administrator, the state Forestry Department director, state authorities, the state government, Perbadanan Kemajuan Pertanian Negeri Pahang (PKPP) and Royal Pahang Durian Resources PKPP Sdn Bhd as respondents in their applications.

       Among others, the applicants were seeking a judicial review on the notices issued to evict them from the lands in or around Sungai Ruan, Sungai Chalit, Sungai Klau, Tranum, Tras and the Gunung Benom forest reserve.

       The applicants also wanted a judicial review on the state government's decision to award a lease and rights to use 2,167.9ha of land in Raub to Royal Pahang Durian Resources PKPP Sdn Bhd for a period of 30 plus 30 years as well as the mandatory requirement that they sell their durians to an entity nominated by the joint venture company.

       In December last year, the Kuantan High Court dismissed their leave applications, ruling that the farmers had no locus standi to file the legal action.

       The Save Musang King Alliance (Samka), which represents the farmers, said the stay order meant that the authorities and Royal Pahang Durian Resources PKPP Sdn Bhd were prohibited from carrying out any enforcement against the farmers and restricting their daily work and movement at the farms before the disposal of the matter.

       Samka, in a statement, urged the Pahang government and Royal Pahang Durian Resources PKPP Sdn Bhd to respect the decision made by the Court of Appeal and not to retaliate against the durian farmers.

       Samka also disclosed that they were preparing another lawsuit against the state government over its recent enforcement action against several durian plantations in Raub, which the group claimed was in contempt of court.