Will Orang Asli ancestral land rights be upheld in hydropower dispute?

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Orang Asli Lawsuit Over Hydropower Project To Proceed to Full Hearing

The High Court in Ipoh has rejected an application by two power companies to dismiss a class action lawsuit filed by several Orang Asli villages. This decision means the case concerning the alleged infringement of ancestral land rights due to a hydropower plant construction will proceed to a full hearing. The Orang Asli plaintiffs, from the Semai tribe, are suing the power companies, federal and state governments, and land authorities.
Court Allows Case to Proceed After Strikeout Bid Failure

Judicial Commissioner Anselm Charles Fernandis ruled that it would be too drastic to dismiss the Orang Asli's suit as requested by Perak Hydro Renewable Energy Corporation Sdn Bhd and Conso Hydro RE Sdn Bhd. He stated that the matter must undergo a full hearing, setting aside three days from June 24 for this purpose. The court also awarded RM2,000 in costs to the plaintiffs.
Orang Asli Allege Rights Infringement Over Land Clearing

The lawsuit was initiated by Orang Asli from six villages in the Ulu Geruntum area, including Kampung Sungai Kapor and Kampung Ulu Geruntum. They accuse the power companies, governments, and land authorities of infringing on their community's rights by clearing 63 hectares of ancestral land without their prior consent. The hydropower project in Sungai Geruntum commenced in 2012.
Plaintiffs Seek Declarations, Injunctions, and Compensation

The Orang Asli are seeking several declarations and injunctions from the High Court to protect their ancestral land and prevent further encroachment. These include a declaration of legal ownership over the land in Ulu Geruntum, asserting that the defendants have no right to damage or erase their land rights. They also request court orders for the private companies to vacate the land immediately and to compensate the plaintiffs for the encroachment.
Governments Cited for Failure to Uphold Fiduciary Duties

In addition to claims against the private companies, the Orang Asli group is also seeking compensation from the federal and state governments. This claim is based on the alleged failure of these governmental bodies to uphold their fiduciary duties towards the indigenous community. The outcome of these claims will be determined during the full hearing scheduled to commence on June 24.

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Will Orang Asli ancestral land rights be upheld in hydropower dispute?

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