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Extracted from Sarawak Tribune 8 July 2000

Many will be affected by injunction

By Danny Wong

SIBU - More than 1,000 residents of nine longhouses here are allegedly affected by an interlocutory injunction sought by a Peninsula Malaysia-based oil palm plantation company at the High Court here, yesterday.

The plaintiff, NovelPac-Puncakdana Plantation Sdn Bhd through its advocate, Arthur Lee Jin & Co is seeking an injunction against Anchih anak Buap and four others to prevent them from 'disturbing' the plaintiff to carry out oil-palm related activities on a piece of land at Balingian.

Anchih anak Buap and four others are represented by Messrs Sandhu & Company.


The defendants are claiming part of the piece of land as their Native Customary Rights (NCR) land.

Residents of the nine longhouses known as Lanyau, Ketip, Ancheh, Lepo, Mulok, Ladun, Bawin, Go and Ans are said to be affected by the injunction.

Many of them came to the court as early as 7.30 am yesterday to hear the case. Some of them took the opportunity to hold a miring ceremony at the compound of the court house.

It is understood that the company has been given a provisional lease by the Land and Survey Department (LSD) to develop the 5,800 hectares of land for an oil-palm plantation at Balingian out of which more than 1,000 hectares are allegedly to be under NCR land.

However, the residents of nine longhouses in the area ear-marked for the oil palm plantation accused the company of not carrying out a survey before developing the land to ensure that it does not encroach into their NCR land.

"According to Section 28 of the Sarawak Land Code Cap.81, every provisional lease passed and approved by the Land and Survey Department to any companies, the area should be surveyed first to ensure that they do not encroach into the NCR land," said Encik Harrison Ngau who is assisting in the plight of the affected longhouses folk.


He told reporters that he was informed by the affected longhouse folk that the company involved never conduct any survey of the area.

"I understand the provisional lease was given to the company last year and work to clear the area for an oil palm plantation started either in June or July the same year," he said.


The residents of the affected longhouses, he said, accused the company of encroaching into their NCR land when the company started to clear the land.

"This cause them to stop the company from developing the area," he said, adding that the large turn-up by the affected longhouse folk at the courthouse showed their interest in the case.

As a precautionary measure, a team of anti-riot police was on stand-by at the courthouse to prevent any untoward incident from happening.

The application for interlocutory injunction was heard before Justice Clement Allan Skinner in his chambers.


Hearing for the application continues.