Two NGOs tried to get permission to challenge the Selangor state government’s decision to remove part of Bukit Cherakah from a permanent forest reserve status, but were unsuccessful.
A three-member Court of Appeal bench led by Justice Datuk Azizah Nawawi rejected the appeals by Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) and Shah Alam Community Forest Society (SACF).
Justice Azizah said that the High Court judge was right to dismiss the NGOs’ application for a certiorari order to cancel the Selangor State Executive Council’s decision to remove part of the Bukit Cherakah forest reserve, stating that it was submitted late and did not comply with the Rules of Court 2012.
She noted that the NGOs’ application was filed more than 20 years after the State Executive Council made the decision to remove part of the Bukit Cherakah forest reserve and alienate it to nine companies.
Justice Azizah also stated that the decision to remove part of the forest reserve is a policy decision by the state government and is not within the purview of the courts.
She explained that the State Executive Council’s decision to remove part of Bukit Cherakah was made on Nov 20, 2000, and not on May 5, 2022, which was the notification date.
The other members of the bench were Justices Datuk Azimah Omar and Datuk Wong Kian Kheong.
Peka and SACF’s application to seek leave to commence the judicial review was dismissed by the Shah Alam High Court on Nov 17, 2022.
They had sought leave to commence a judicial review to challenge the decision by the Selangor government, state executive council, state Forestry Department director, and the Petaling Land and Mines Department on May 5, 2022, to remove 406.22 hectares of the Bukit Cherakah forest reserve.
The NGOs claimed it was illegal for the Selangor government to backdate the notification of the removal decision on Nov 20, 2000.
They claimed the gazette was published on May 5, 2022, some 22 years after the decision was made.
In Wednesday’s proceeding, lawyer Pavita Loganathan appeared for the NGOs, while assistant state legal adviser Khairul Nizam Abu Bakar appeared for the Selangor state government, state executive council, state Forestry Department director, and the Petaling Land and Mines Department.
Lawyers Ng Ka Choon, R. Ganapathi, and John Wong Yok Hon represented the companies named in the judicial review.— Bernama
