Crime & Courts

Federal Court allows NGOs to challenge Bukit Cherakah degazettement

PUTRAJAYA: Two non-governmental organisations succeeded in their bid to have the Federal Court hear their appeal to challenge the Selangor state government's decision to degazette 406.22 ha of Bukit Cherakah as forest reserve.

FMT reported that Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli as saying that the questions of law posed by the Shah Alam Community Forest Society (SACF) and Khazah Alam Malaysia (Peka) were fit for determination by the apex court.

"A decision of this court (on the legal questions posed) will be of public importance," he was quoted as saying.

Also on the panel hearing the matter were Datuk Abu Bakar Jais and Datuk Abdul Karim Abdul Jalil.

Lawyer Rajesh Nagarajan stood for the NGOs while the Selangor government was represented by assistant state legal adviser Khairul Nizam Abu Bakar.

The Malaysian Bar, represented by New Sin Yew and Abhilaash Subramaniam, appeared as amicus curiae (friends of the court).

It was reported that SACF and Peka had sought leave to appeal the Court of Appeal's decision which ruled against them.

In 2022, the Shah Alam High Court denied their leave to commence a judicial review of the state's decision to degazette the forest reserve.

The NGOs said it was illegal for the Selangor government to backdate a gazette, stating that the degazettement decision was made on Nov 20, 2000.

They said the gazette was published on May 5, 2022, almost 22 years after the decision to degazette Bukit Cherakah.

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