Jubilant: The Orang Asli from Ulu Geruntum, Gopeng, raising their hands in victory after the Ipoh High Court ruled in their favour. — RONNIE CHIN/The Star
IPOH: The Orang Asli Semai tribe in Ulu Geruntum, Gopeng, has won a battle to have their ancestral land gazetted after the High Court here ruled in their favour.
The court has ordered two companies of a hydroelectric dam project – Perak Hydro Renewable Energy Corporation Sdn Bhd and Conso Hydro RE Sdn Bhd – to vacate the area immediately.
Justice Bhupindar Singh Gurcharan Singh Preet said the two companies are to remove their things, which included big pipes, from the area and for the development of the project to cease.
He also granted the two companies a 30-day interim stay to do so.
In 2018, Orang Asli settlers from the area filed a suit against the two companies, the Perak government, the state Land and Mines Department, the Federal Government and the Orang Asli Development Department (Jakoa) director-general to stop the dam project, which started in 2012.
They had claimed that the project infringed their rights to their ancestral land, and was cleared without their consent.
The settlers are from six villages in the area, including Kampung Sungai Kapor, Kampung Sat, Kampung Ulu Kepayang, Kampung Empang Main, Kampung Poh and Kampung Ulu Geruntum.
During the proceedings yesterday, Justice Bhupindar said the Orang Asli are entitled to protect their ancestral and customary lands, which will need to be gazetted by the state government.
He said the state government, Federal Government, state Land and Mines Department and Jakoa director-general have breached their fiduciary duties by failing to prevent any encroachment into the Orang Asli’s ancestral land.
He also ordered the two companies, the state government, state Land and Mines Department, Federal Government and Jakoa director-general to pay a total of RM75,000 in cost.
The RM75,000 is to be split evenly between the two companies, the state government and state Land and Mines Department, and the Federal Government and Jakoa director-general.
A nominal compensation of RM10,000 for the destruction of ancestral grave sites and another RM10,000 for destroyed trees were also granted to the Orang Asli.
“If the developers want to acquire any land, they have to pay compensation as under the Land Acquisition Act,” he said.
Lawyers Vinu Kamalananthan, Conrad Lopez and Sarah Tiong represented the Orang Asli, while Goik Kenzin, Ramesh Sivakumar and Calvin Lim represented the companies.
In April 2021, an interlocutory injunction was granted by the Ipoh High Court against the two companies and their agents pending the disposal of the main suit.
In April 2022, the Court of Appeal set aside the injunction.
In May 2023, the Federal Court allowed the Orang Asli leave to appeal, after ruling that they had satisfied the requirements set out in Section 96(a) of the Courts of Judicature Act.
And in September last year, the apex court ordered the two companies to halt the dam project.
Orang Asli Semai Ulu Geruntum Action Committee member Pesenang Bah Singgong said she felt relieved with the ruling.
Also known as Wah Sona, the 53-year-old housewife said the community have sacrificed a lot in their fight.
“It was hard for us, having to travel (between their village and Ipoh) and we have to spend money.
“We fought and got it. There’s just no words for it. I am happy that the villagers are united and have fought for our rights,” she added.
Another committee member, Bah Kerper Bah Tangoi, 71, thanked the court for the decision. “It’s not just a victory for our village but also for the Orang Asli community. We hope there will be no more land encroachment.
“If the government agrees, we hope to map out our ancestral land in the area,” he added.
When met outside the courtroom, Vinu said the ruling was a momentous decision for the Orang Asli.
“It solidifies their fight and that the land in Ulu Geruntum is their ancestral land, and there is no more dispute about it.
“The gazette (process) can only be done when the state government and the relevant agencies work together with Orang Asli to ascertain the ancestral land.
“Once the mapping is correct, then the process to gazette the land can be done,” he said.
An appeal is expected to be filed by the two companies.
