Bengoh Writ of Summons - Rengah Sarawak

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6. Located within the NCR Land is Darod Mawah (this is the local Bidayuh name given to the mountain ranges of Rumbang and Tamugan. Mawah trees which are a species of hardwood timber used by the Kampung Bengoh villagers to build our houses are found apenty here). The villagers of Kampung Bengoh derives regular cash income by harvesting edible birds’ nests in Darod Mawah. Particulars 6.1 Between the months September and April of the next year, some villagers harvest birds’ nests at Darod Mawah. There are numerous caves in Darod Mawah, but the ones frequented by the villagers to collect edible birds’ nests are Tang (a Bidayuh word for caves) Pentak, Tang Biran, Tang Melian, Tang Benawa and Tang Paya. 6.2 These abovenamed caves are located not very far from each other. Leaving Kampung Bengoh early in the morning, the villager(s) can harvest edible birds’ nests from one or two of the caves and would return at early afternoon. To ensure sustainability of the birds’ nests, the villager(s) usually go on those edible birds’ nests harvesting trip once or twice a month. 6.3 Raw edible birds’ nests harvested from these caves are usually sold to buyers and shops in Tapah or Pasar Padawan. Each time, the villager(s) would each receive between RM500.00 to RM700.00 from selling their raw edible birds’ nests harvested. 6.4 Villagers from Kampung Semadang are also harvesting edible birds’ nests from these caves. 6.5 Besides, villagers from Kampung Bengoh and Semadang also trap the bats from these and other caves in Darod Mawah. 6.6 Darod Mawah is also the only communal forest that is left in Kampung Bengoh. This communal forest provides the villagers with abundance essential and useful jungle produces, herbal and medicinal plants and is a hunting ground. 7. The Plaintiffs claim that they have acquired and/or inherited their rights, interests and title over their NCR Land by virtue of and under the principle of common law. 8
8. The Plaintiffs’ NCR over the said NCR Land is recognised by the Sarawak Land Code (Cap. 81) and/or its predecessors and the said NCR was created and/or acquired prior to the 1st day of January, 1958 and still subsist as such. 9. The 2 nd and/or 3 rd Defendants had in fact recognized the Plaintiff’s rights over the said NCR Land. Between 2003 and 2007, the 2 nd Defendant’s Department had surveyed and acquired parts of the said NCR Land adjacent to the foothill of Darod Mawah for the construction of Jalan Bengoh-Danu. Payments of compensation for the native customary rights over land acquired and or extinguished were made to the respective landowners. 10. From the said NCR Land, which comprises of farmland and forest, the Plaintiffs derive food, valuable medicines, wildlife and other forest produce for their livelihood and sustenance. They also farm cultivate and plant padi, fruit trees, rubber, cocoa and other essential trees and crops on the said NCR Land. 11. The said NCR Land is not just a source of livelihood but also constitutes life itself as the said NCR Land is also fundamental to the Plaintiffs’ social, cultural and spiritual survival as native Bidayuh people of Sarawak. The Quarry Licence 12. On or about 14.06.2007, without the knowledge and/or consent of the Plaintiffs, the 2 nd Defendant had issued to the 1 st Defendant a quarry licence (hereinafter referred to as “the said Quarry Licence”) to blast extract and or remove stones and or rocks from Darod Mawah hereinabove mentioned. 13. The records in the office of the 2 nd Defendant shows and confirms that the said Quarry Licence is granted over an area within the Plaintiffs’ said NCR Land. 14. There was no extinguishment of the Plaintiffs’ NCR within the land covered by the said Quarry Licence before the same were granted to the 1 st Defendant and/or no provision as to compensation in accordance with the Land Code of Sarawak and the Federal Constitution was ever made or paid to the Plaintiffs. The grant of the said Quarry Licence is unlawful, unconstitutional, improper and henceforth the said Quarry Licence is null and void. 9
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Page 13 and 14: Legitimate Expectation & Natural Ju
Page 15 and 16: aforesaid the 2 nd Defendant had fa
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Bengoh Writ of Summons - Rengah Sarawak

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