Thursday, October 15

Now Bidayuhs’ lands are also submerged

The Upper Bengoh friends took a group photograph after filing their suit.


KUCHING - Six Dayak Bidayuhs of Kampung Bojong and Kampung Rejoi, Upper Bengoh on 12 October filed a legal action against Naim Cendera Sdn Bhd, Kuching Division Superintendent of Lands and Surveys, the State Government of Sarawak and the Government of Malaysia to stop them from continuing the construction of Bengoh Dam as it affects their NCR land.

“We want a prohibitory injunction restraining the first defendant (Naim Cendera) and or its employees, servants and or agents from trespassing, clearing, using or occupying their NCR land.

“We want a mandatory injunction against the first defendant and or its employees, servants and or its agents to cease operations and remove all structures and their equipments or machineries from their said NCR land forthwith,”
they said.

The six, Simo Anak Sekam, Tasek Anak Ayau, Eddie Anak Aheng, Bodui Anak Dayu, Bungai Anak Bengem and Sirus Anak Jon filed the suit at the Kuching High Court Registry this morning on behalf of themselves and 25 other families, proprietors, occupiers, holders and claimants of native customary rights land situated at Kampung Bojong and Kampoung Rejoi, upper Bengoh.

The villagers were accompanied by Lawyer See Chee How of the Baru Bian Advocates and Solicitors.

In their writ, they want the Court to declare that this native title and or rights preclude the third defendant (State Government) and fourth defendant (the Malaysian Government) from impairing or abridging the plaintiffs’ said rights and or constructing and completing the proposed Bengoh Dam, which affects their said native and or rights.

They want also the Court to declare that the acts of the first and the fourth defendants with the ostensible consent permission and authorization of the third defendant to construct and complete the proposed dam, in so far as they impair the plaintiffs’ native customary rights over the said NCR land, is wrong, illegal, unlawful, bad and or void.

The villagers also want a declaration order from the Court that the contract between the fourth defendant and the first defendant to design and construct and the construction of the proposed dam in as far as the extent of that area under the said proposed dam overlaps and or covers the plaintiffs’ NCR land is unlawful, improper, unconstitutional and therefore null and void, for want of extinguishment of plaintiffs’ native customary rights over the said NCR land.

Alternatively, they want a declaration that the contract between the fourth defendant and first defendant to design and construct and the construction of the propped dam is subject to the to the native title and native customary rights and or usufructuary rights of the plaintiffs in or over the said NCR land and that the contract and the construction of the proposed dam do not affect the plaintiffs’ said title and or therein.

The villagers claim that the construction of the dam impairs the plaintiffs’ rights to property in a manner which is discriminatory and unfair and based on criteria which are not made applicable to the right to property acquired and held by non-natives. In the premise, the construction of the dam by virtue of any legislation or any process exercised pursuant to it in so far as it affects the plaintiffs’ rights is unconstitutional and invalid as being violative of Article 8 of the Federal Constitution (equality before the law.)

Further and in the alternative, they said the contract between the fourth defendant and the first defendant to design and construct and the construction of the dam was unconstitutional as it was issued on violation of Article 13 of the Federal Constitution (no confiscation of property without adequate compensation.)

The villagers claim damages, exemplary damages; alternately aggravated damages, interest, costs and such further or other relief the Court deems fit and just.

The villagers use historical information and documents to back their claims.

The proposed Bengoh Dam which costs RM310 million is expected to submerge an area of about 1,600 hectares affecting four villages – Kampung Tebak Sait, Kampung Bojong Pain, Kampung Rejoi and Kampung Semban, involving some 394 families.

Once completed, the dam is able to store about 144.1 million cubic metres of water which will be supplied to Batu Kitang treatment plant. The plant’s current capacity of 786 will be increased to 2047 mega litre per day (MLD) for use by consumers of Kuching City and Kota Samarahan.

These families will be resettled at an area of 3,000 hectares near Kampung Semadang not far from Bau. According to Lawyer See Chee How, the area has now been leased to a company known as Salcrajaya Sdn Bhd, a two RM2 company with Deputy Chief Minister Alfred Jabu listed as one of the directors.

The other director is Salcra general manager, Vasco Sibat Singkang. – The Broken Shield

Source:
www.thebrokenshield.blogspot.com

(The story has appeared in The Malaysian Mirror news portal. It has been updated for The Broken Shield)

7 comments:

Tbsbidayuh said...

its too late to apologize. It should be opposed at the first place when dawos and his gang were there.

august said...

I wonder why will Taib do if a dam is built in mMelanau area?

Salak said...

"...These families will be resettled at an area of 3,000 hectares near Kampung Semadang not far from Bau. According to Lawyer See Chee How, the area has now been leased to a company known as Salcrajaya Sdn Bhd, a two RM2 company with Deputy Chief Minister Alfred Jabu listed as one of the directors. ..."

That's robbery! Robbing lands, the rights of the settlers. No less corruption!!!

The lands should be alienated to the kampung settlers who were displaced!

Can't Jabu earn his own living? Instead of feeding on poor Dayaks? He should be telling PBB that this is a feudal act and making whoever owners of the land by an unfair lease as parasites?

keling ati said...

The construction of dams for the generation of hydro-electric power which could benefit the urban dwellers but pose social and environmental impacts to the poor rural people who are displaced from their home sweat home, devastating everything in their NCR land.

But that is Taib`s policy politics of development to administer the state. He said, " politics and development must go together " and he always link it like a P.Ramlee`s song "irama dan lagu tidak dapat dipisahkan " (rhythm and melody cannot be separated).

But here, the Bidayuh in the affected areas sued Taib`s government for mishandling their native customary rights (NCR), it is an indication that the politics of development and people`s interest do not go together, unlike a P.Ramlee song "irama dan lagu tidak dapat dipisahkan". So, there are some defectives in the agreement between the NCR landowners and the government over the construction of this dam.

Anonymous said...

What to do now! In the first place don't vote these monkey in and you will not have so much trouble.Who's to be blame.Ask yourself!

The fastest and the most effective way is to walk your talk and not vote them again. You will surely have goodnite sleep.

Anonymous said...

august,

none of mm areas suitable for constructing a dam

William said...

This is why you must not vote the BN anymore.