The High Court here has granted an interim injunction to restrain a timber company from encroaching into native customary rights (NCR) land claimed by long house residents in the Bintulu Division.
Judge Datuk Rhodzariah Bujang granted the injunction after an ex-parte hearing in chambers following an application submitted by counsel for the long house residents See Chee How, last Friday afternoon.
The full hearing of the application is scheduled to be held at the Bintulu High Court on Jan 30.
Village headman Nyipa anak Tingang of Kuala Pandan, Sebauh in Bintulu, representing himself and 63 other residents, claimed that they are the proprietors, occupiers, holders and claimants of the land surrounding Ulu Sungai Kakus and Ulu Sungai Merirai.
He named Pustaka KTS Forests Plantation Sdn Bhd, Sarawak Forestry Corporation, director of Forests Sarawak, Superintendent of Lands and Surveys of Bintulu and Sarawak state government as first, second, third, fourth and fifth defendants respectively.
In his application, Nyipa wants a declaration order that he and the 63 residents had created and/or acquired and/or inherited Native title and/or customary rights over the area.
He also wants the court to declare that they are entitled to enjoy customary rights and/ or extract or harvest or collect edible birds’ nests over or from the birds’ nest caves.
Nyipa also wants a declaration that it is wrong for the third, fourth and fifth defendants to approve licence to extract timber to the first defendant from their NCR land.
See, speaking to reporters after the interim injunction was granted, said he had requested that the court treat the application as urgent.
He said the residents fear that the first defendant might want to extract timber from the disputed area during the long Chinese New Year’s holidays when nobody will be around to monitor the situation.
“They have Indonesian workers who may not be off during the Chinese New Year,” he added.
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