Bengoh Writ of Summons - Rengah Sarawak

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crops thereon and earth-filled the streams running through the affected land. 20. The 1 st Defendant and/or its employees servants and/or agents and/or contractors also fell the trees and clear vegetations at the slopes of Darod Mawah and thereby destroying and damaging the communal forest of the Plaintiffs. 21. Despite of the numerous and continued objections and protests by the Plaintiffs, the 1 st Defendant or its employees servants and/or agents continued and still continue to trespass onto the said NCR Land. 22. The 1 st Defendant and/or their employees servants and/or agents and/or contractors wrongfully claim that they have the right to enter, clear, use and occupy the said NCR Land. Damages 23. By reason of the matters aforesaid, numerous specified families amongst the Plaintiffs' sources of and any right to their livelihood is seriously threatened and they have suffered loss and damage. 23.1 The farmland and the communal forest damaged and destroyed by the 1 st Defendant and/or its employees servants and/or agents and/or contractors is more specifically shown in the sketch plan/map marked as “B” annexed hereto herein. Particulars Of Damage (a) (b) (c) (d) Irreparable damage to vegetations, food, water, valuable medicines, wildlife and other forest produce which the Plaintiffs need and are dependent upon with the destruction of the communal forests and thereby seriously impairing the Plaintiffs' sources of livelihood. Extensive damages to the said NCR Land and particularly the NCR land at the foot of Darod Mawah and the farmland of the Plaintiffs known as Tana Sipunged. Destruction of fruit trees and other essential trees and crops. Deprivation of the Plaintiffs crucial source of earning with the irreversible destruction of the birds’ nest caves in Darod Mawah. 12
Legitimate Expectation & Natural Justice 24.1 The Plaintiffs have a legitimate expectation that their rights, tradition, culture and livelihood will not be disrupted, extinguished, and/or restricted and/or constrained. 24.2 The Plaintiffs’ rights were impaired without a right to be heard and/or a right to say ‘no’ and/or object to the grant and/or issuance of the said Quarry Licence to the impairment and/or extinguishment and/or termination of their rights. Relevant Consideration Not Taken Into Account 25. The 2 nd Defendant had also acted unreasonably and had failed to take relevant matters into consideration when it granted and or issued the said Quarry Licence to the 1 st Defendant. Particulars 25.1 that any quarrying and or other related activities under the said Quarry Licence will irretrievably terminate and or extinguish the rights and/or interests of the Plaintiffs, their immediate family members and descendants over the area covered by the said Quarry Licence and its vicinity. 25.2 that any activities of the 1 st Defendant its employees servants and/or agents within and/or over the said NCR Land would cause irreparable damage to the said NCR land, the resources, environment and eco-system of the area, thereby affecting the lives and lifestyle of the Plaintiffs, their families and descendants who are and/or would be dependant on their said NCR land, resources and rivers for their food and medicine, well-being and the very survival of themselves, their children and their communities. Constitutional Issues 26. The granting and or issuance of the said Quarry Licence was unconstitutional as it was issued in violation of Article 13 of the Federal Constitution (no compulsory acquisition of property without adequate compensation). Particulars 13
Page 5 and 6: WRIT OF SUMMONS M A L A Y S I A IN
Page 7 and 8: 5.2 The pioneering group who migrat
Page 9 and 10: 8. The Plaintiffs’ NCR over the s
Page 11: 15.2 By the said laws, customs, tra
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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