Bengoh Writ of Summons - Rengah Sarawak

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Particulars 14.1 The said Quarry Licence was granted to the 1 st Defendant without the permission of the Plaintiffs who are the rightful owners and/or proprietors and/or licensees and/or claimants of the said NCR Land. 14.2 The said Quarry Licence granted to the 1 st Defendant is for an area of land which includes and comprises farmland of individuals, and forest reserves used by the residents of Kampung Bengoh. 14.3 Further, the Plaintiffs will be deprived of their source of cash income as the said Quarry Licence granted to the 1 st Defendant is for an area of land which includes and comprises the numerous caves in Darod Mawah from which they harvest edible birds’ nests. The quarrying will cause irreparably destroyed all these caves and thereby depriving the Plaintiffs a crucial source of livelihood. 14.4 The provision under the common law and in the written laws of Malaysia and Sarawak on compensation for acquisition and deprivation of the Plaintiffs’ rights to property and livelihood was not followed by the 1 st , 2 nd and/or 3 rd Defendants. 14.5 There was a breach of Articles 13 of the Federal Constitution, in that there was deprivation of the Plaintiffs’ properties and livelihood without adequate compensation. Plaintiffs’ Rights impaired 15. The grant and/or issuance of the said Quarry Licence by the 2 nd Defendant to the 1 st Defendant on the ostensible authority of legislation such as the Land Code Cap. 81 is unconstitutional and/or wrongful in so far as it abridges or impairs the Plaintiffs’ rights and/or title in or over the said NCR Land being the source of the Plaintiffs’ livelihood and the generations to come. Particulars 15.1 Since time immemorial the Plaintiffs had established and maintained a comprehensive scheme by which, through their laws, customs, tradition and practices they determined questions concerning the ownership, use, management and occupation of land, forests and rivers. 10
15.2 By the said laws, customs, tradition and practices, they were entitled to the rights of ownership and/or use and/or occupation of the said land and access to all the produces therein as well as to the fishing waters. The Plaintiffs exercised the aforesaid rights over the said NCR Land. 15.3 Therefore the Plaintiffs had prior to the enactment of the said legislation, accrued and vested native customary rights over the said NCR Land. 15.4 For the reasons aforesaid, the said accrued rights could not be, and were never lawfully vested in the State Government under Article 47 of the Constitution of the State of Sarawak or howsoever otherwise. 15.5 No land title and/or lease and/or quarry licence could therefore be issued over the Plaintiffs’ said NCR land. 16 Alternatively, the granting of the said Quarry Licence amounts to an extinguishment and/or termination of the Plaintiffs’ right in or over the said NCR Land which extinguishment and/or termination is bad as, inter alia, it was not, and had not been done, by legislation designed specifically and clearly for that purpose. 17. Further and/or in the alternative, the Plaintiffs state that the grant and/or issuance of the said Quarry Licence was unconstitutional as it contradicts the Articles provisions and/or spirits of the Federal Constitution. 18. Further and/or in the alternative, the Plaintiffs state that the provisions of the Land Code Cap. 81 with regard the grant and/or issuance of the said Quarry Licence in contravention of the Articles provisions and/or spirits of the Federal Constitution are unconstitutional. Trespass 19. Towards the end of May 2008, the 1 st Defendant and/or its employees servants and/or agents and/or contractors wrongfully trespassed onto the Plaintiffs' said NCR Land, at the foot of Darod Mawah and the farmland of the Plaintiffs known as Tana Sipunged and with the aid of bulldozers, excavators, shovels, trucks and lorries, destroyed and damaged a very substantial area of the said NCR Land, fruit trees and 11
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Page 7 and 8: 5.2 The pioneering group who migrat
Page 9: 8. The Plaintiffs’ NCR over the s
Page 13 and 14: Legitimate Expectation & Natural Ju
Page 15 and 16: aforesaid the 2 nd Defendant had fa
Page 17: vii. viii. ix. A Declaration that t

Bengoh Writ of Summons - Rengah Sarawak

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