What specific native proprietary rights were violated?

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Federal Court Awards Damages for Violation of Orang Asli Native Proprietary Rights

The Federal Court has ruled that the destruction of ancestral graves by Agrobest (M) Sdn Bhd infringed upon the native proprietary rights of seven Orang Asli villagers, ordering each to receive RM20,000 in general damages. This decision overturned a prior Court of Appeal ruling that had favoured the company. The court found that the desecration of the burial sites constituted a violation of the villagers' rights to use and enjoy their ancestral lands and to perform customary rituals.
Infringement of Native Proprietary Rights

The Federal Court determined that the actions of Agrobest (M) Sdn Bhd, which involved the destruction of ancestral graves for prawn farming, directly infringed upon the native proprietary rights of the seven Orang Asli villagers. These rights, as understood in this context, encompass the right of Orang Asli communities to use and enjoy their ancestral lands. The court's judgment highlighted that these rights are considered to persist unless lawfully extinguished through formal processes, such as those outlined in the Land Acquisition Act 1960, and with due compensation.
Legal Standing and Connection to Burial Sites

The Kuantan High Court had initially awarded RM20,000 in general damages to each villager in 2023, finding that they had successfully proven their connection to the desecrated burial sites. This decision was based on oral testimony that established their family ties to the individuals interred there. However, the Court of Appeal later overturned this ruling, contending that the villagers lacked the legal standing to bring the action due to insufficient proof of their lineage to those buried at the site. The Federal Court's final decision reinstated the High Court's findings, validating the villagers' claims and their established connection to the ancestral graves.
Background of Displacement and Rituals

The lawsuit originated from a situation where the seven villagers, along with their community, were directed by the Orang Asli Development Department (JKOA) to vacate and relocate from their ancestral lands. This relocation was to facilitate a large-scale prawn farming development by Agrobest, and notably, no compensation was provided to the villagers for this displacement. Despite being moved, the villagers maintained their connection to the burial grounds, continuing to return annually to perform customary rituals honouring their ancestors. The lawsuit was formally filed in 2019, alleging trespass and the destruction of graves at a specific burial site in Kampung Orang Asli Batu 20, Mukim Bebar, Pahang.

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