What legal basis did the court cite for evicting Raub durian planters?

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High Court Affirms Planters' Status as Squatters, Upholding Eviction Notices

The High Court has dismissed the judicial review application by 186 Musang King durian planters in Raub, ruling that they have no legal right to occupy the land and therefore confirming their status as squatters. The court found that the Pahang state government's decision to issue eviction notices was not malicious and that a proposed legalisation plan remains open for negotiation without bias. Consequently, the planters have been ordered to pay RM600,000 in costs to the respondents.
Planters Lacked Legal Title to Land

Justice Datuk Mohd Radzi Harun, presiding over the case, determined that the 186 planters involved in the judicial review lacked any legal entitlement to the land they occupied. This finding directly underpins the court's confirmation of their designation as squatters, thereby validating the state government's authority to issue eviction notices. The ruling implies that their occupation was not based on any recognised legal framework, such as land grants or leases.
Eviction Action Deemed Non-Malicious

The court's assessment concluded that the Pahang state government's actions to evict the planters were not undertaken with malicious intent. This finding is significant as it addresses a potential claim of unfair or vindictive treatment by the authorities. Furthermore, the judge noted that the legalisation plan, which offers a pathway for certain occupants to regularise their land use, is free from bias and still subject to negotiation with the affected parties.
Judicial Review Sought on Multiple Government Decisions

The planters had initiated their judicial review application in August 2020, seeking to challenge a series of decisions made by the state government. These included the order to vacate their farms, which spanned approximately 2,167 hectares across areas like Sungai Ruan, Sungai Chalit, and Sungai Klau. They also sought to review the state's decision to grant lease and farmland use rights for the same land area to Royal Pahang Durian Resources PKPP Sdn Bhd, and the subsequent sub-leasing arrangements and mandatory durian sales to a single entity nominated by this company.
Costs Awarded to Respondents

As a consequence of the dismissed judicial review application, the court ordered the durian planters to bear the legal costs incurred by all respondents. The total amount stipulated for these costs stands at RM600,000. This order reflects the court's judgment that the planters' challenge to the eviction notices and related government decisions was unsuccessful.

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What legal basis did the court cite for evicting Raub durian planters?

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