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KANGAR, Jan 12 (Bernama) -- Minister in the Prime Minister's Department, Datuk Seri Shahidan Kassim claims he has solid proof of illegal logging and land-clearing activities in Gua Musang, one of the causes for the heavy floods in Kelantan recently.

He said the illegal land-clearing was in black areas which had been undisturbed since the days of the emergency but had been cleared by certain quarters for some time now.

"I have solid proof that they were given the Temporary Occupancy Licence (TOL) to clear the land but the land-clearing has gone beyond the permitted areas. I also have information on who are doing all this.

"Among them are the big businessmen from neighbouring countries. I hope there is a law to take them to court," Shahidan told reporters after chairing a post-flood meeting with state government agencies here today.

He urged that barricades be installed on all roads leading into the forests and intruders be caught and appropriate action taken against them, while conditions imposed on loggers to plant three trees for every tree cut down.

Shahidan said discussions would also be held to appoint the Orang Asli as voluntary rangers.

"This might control the intrusions as the number of those involved in illegal logging is high and it has been happening for a long time, but no action has been taken against them" he said.

Shahidan said the federal government had discussed the illegal logging and land-clearing issues with the Kelantan government as part of efforts to resolve the problem of flooding in the state.

On the flooding in Perlis, he said initial assessments of the losses suffered by padi planters in an area of about 2,335 hectares were estimated at RM2 million and this information had been passed on to the relevant ministries to obtain aid.

"I am satisfied with the service given by the government agencies, non-government bodies and about 1,000 volunteers in Perlis who helped 445 families of flood victims last month, but preparations must be made to manage up to 20,000 flood victims," he said.

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Shahidan claims to have solid proof of illegal logging, land-clearing in Gua Musang

Court quashes land alienation by Sabah government, saying they failed to give sufficient notice to natives claiming native customary rights.

SANDAKAN: Sandakan High Court Judicial Commissioner Douglas Cristo Primus Sikayun has delivered a landmark decision in granting a declaration that the alienation of a parcel of land measuring 500 acres at Kampong Ansuan at Telupid by the Department of Lands and Surveys was null and void.

The Court ruled that the Department had failed to give sufficient notice of the land application to natives claiming native customary rights (NCR) under section 13 of the Sabah Land Ordinance.

The Judicial Commissioner declared that the Director of the Department of Lands & Surveys and the State Government of Sabah had a fiduciary duty to the natives of Sabah in safeguarding their native customary land.

Having considered the evidence adduced at the trial, the learned Judicial Commissioner declared that the native defendants had proved the native customary rights on the land claimed by them.

Under section 13 of the Sabah Land Ordinance, it is specifically provided that upon receipt of any application for unalienated country land, it shall be the duty of the Collector to publish a notice calling upon any claimant to NCR in such land, who is not yet in possession of a registered documentary title, to make or send in a statement of his claim within a date to be specified in the notice, the Court said. If no claim is made the land shall be dealt with as if no such rights existed.

As to the sources of NCR, the Judicial Commissioner referred to, amongst others, Article 9 of the British North Borneo Treaties 1881 which provides that all in the administration of justice to the people of Borneo or to any inhabitants thereof, careful regard shall always be had to the customs and laws of the class or tribe to which the parties belong especially with respect to holding, possession, transfer and disposition of lands and succession.

In 1995, the Department of Lands & Surveys approved and alienated to Sudi Kembang Sdn Bhd, the plaintiff in this suit, with 500 acres of land at Kampong Ansuan in Telupid and a land title in country lease for 99 years was issued to the company in 2001.

Sometime in 2004 when the company started site clearing and developing oil palm plantation in the land, the company found that a portion of the land measuring about 15 acres was being occupied and cultivated by the defendants late father Yahsu Linggis, who was planting oil palm in about 10 acres of the land.

In 2011, Sudi Kembang Sdn Bhd as plaintiff filed this writ action against the defendants Marsius and Alfeus at the Sandakan High Court seeking for an injunction to evict them from the land and claiming damages.

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Landmark ruling: Court rules in natives favour

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