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Wednesday 6 January 2010

Court dismisses orang asli bid

The Star

TEMERLOH: Temerloh High Court Tuesday dismissed the application by two orang asli who sought a judicial review of the decision by a local district and land office which had cut off water and electricity supply to a multi-purpose building that was also used as a place of worship by 70 Jahut Christians in Kampung Pasu.

Judicial Commissioner Justice Akhtar Tahir said that the decision to cut the water and electricity supply was proper because the building was illegally erected.

He added that under Section 6 and 7 of the Aborigines Act, the state authority was empowered to gazette an area as orang asli reserve land.

"However, in this case, the land or area is not gazetted for the orang asli and as such, the application is dismissed.

''The decision made by the Temerloh District Land Administrator is proper,'' Justice Akhtar said.

The judicial review was initiatied by father and son, Wet Ket, 59, and Yaman Wet, 33, who named Temerloh district and land office and Pahang government as respondents.

They filed the application in December 2007.

Senior federal counsel Kamal Azira Hassan represented the respondents while counsel Annou Xavier and Kenny Ng appeared on behalf of Wet and Yaman.

The applicants were accompanied by 10 people in the court here Tuesday.

In July 2003, the applicants erected the building, which was also used as a church by the Jahut Christians.

They, however, received a notice by the district office at the end of July stating that the building was illegally built on government land.

In Dec 2006, Wet and Yaman lodged a police report and complained to the Government and following some negotiations, they were given a compensation of RM35,000 to rebuild the place.

Their application for water and electricity was, however, rejected by the Temerloh district and land office on the grounds that it was erected on an ungazetted land while the building was constructed without the approval from the authorities.

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