Bengoh Writ of Summons - Rengah Sarawak
Bengoh Writ of Summons - Rengah Sarawak
Bengoh Writ of Summons - Rengah Sarawak
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Particulars<br />
14.1 The said Quarry Licence was granted to the 1 st Defendant without<br />
the permission <strong>of</strong> the Plaintiffs who are the rightful owners and/or<br />
proprietors and/or licensees and/or claimants <strong>of</strong> the said NCR<br />
Land.<br />
14.2 The said Quarry Licence granted to the 1 st Defendant is for an area<br />
<strong>of</strong> land which includes and comprises farmland <strong>of</strong> individuals, and<br />
forest reserves used by the residents <strong>of</strong> Kampung <strong>Bengoh</strong>.<br />
14.3 Further, the Plaintiffs will be deprived <strong>of</strong> their source <strong>of</strong> cash<br />
income as the said Quarry Licence granted to the 1 st Defendant is<br />
for an area <strong>of</strong> land which includes and comprises the numerous<br />
caves in Darod Mawah from which they harvest edible birds’ nests.<br />
The quarrying will cause irreparably destroyed all these caves and<br />
thereby depriving the Plaintiffs a crucial source <strong>of</strong> livelihood.<br />
14.4 The provision under the common law and in the written laws <strong>of</strong><br />
Malaysia and <strong>Sarawak</strong> on compensation for acquisition and<br />
deprivation <strong>of</strong> the Plaintiffs’ rights to property and livelihood was<br />
not followed by the 1 st , 2 nd and/or 3 rd Defendants.<br />
14.5 There was a breach <strong>of</strong> Articles 13 <strong>of</strong> the Federal Constitution, in<br />
that there was deprivation <strong>of</strong> the Plaintiffs’ properties and<br />
livelihood without adequate compensation.<br />
Plaintiffs’ Rights impaired<br />
15. The grant and/or issuance <strong>of</strong> the said Quarry Licence by the 2 nd<br />
Defendant to the 1 st Defendant on the ostensible authority <strong>of</strong> legislation<br />
such as the Land Code Cap. 81 is unconstitutional and/or wrongful in so<br />
far as it abridges or impairs the Plaintiffs’ rights and/or title in or over the<br />
said NCR Land being the source <strong>of</strong> the Plaintiffs’ livelihood and the<br />
generations to come.<br />
Particulars<br />
15.1 Since time immemorial the Plaintiffs had established and<br />
maintained a comprehensive scheme by which, through their laws,<br />
customs, tradition and practices they determined questions<br />
concerning the ownership, use, management and occupation <strong>of</strong><br />
land, forests and rivers.<br />
10