KUCHING, Nov 26 — Selangau MP Baru Bian today expressed his disappointment with the decision by the Federal Court to dismiss an appeal by the native landowners to reclaim over 3,500 hectares of native customary rights land at Sungai Liam, Bakong in Miri Division, from a company.
“This is a very dangerous and worrying development as it appears that if the government wants to take an area of NCR land, all they have to do is to issue a lease, even a Provisional Lease, over that land, and the NCR over that land is extinguished,” Baru, who has been representing many NCR landowners in court, said.
“Although the government pays lip service to the protection and recognition of the rights of the natives to their customary land, the actions taken by the government agencies betray their intentions,” Baru added. On November 24, a group of native landowners, led by their longhouse chief Ramba anak Bungkong, lost their final legal battle when the Federal Court dismissed their appeal to reclaim over 3,500 hectares of native customary rights land at Sungai Liam, Bakong in Miri Division, Asco Green Sdn Bhd.On September 25, 2019, the Federal Court had allowed the native appellants’ application for leave to appeal on points of law relating to their NCR land, which they claimed had been leased to a company.
They also posed whether an extinguishment exercise of native customary rights over land as provided under Section 15 of the Sarawak Land Code is required prior to the alienation of lease of state land.
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