Bidayuh landowners in Kampung Nyegol, Kampung Sting and Kampung Muk Ayun in Upper Bengoh in Padawan, near Kuching, see their legal victory against the Sarawak government over 8,594 hectares of their native customary rights (NCR) land as a special Gawai Dayak (Dayak festival) gift.

The High Court in Kuching ruled for them yesterday when state government legal officers told the court that the state would not proceed with its proposed Bengoh Dam National Park and the proposed Bungo Range National Park Extension 1, covering an area of 5,022 hectares and 3,572 hectares respectively.

"Since they had just celebrated their festival, their  victory is indeed a Gawai Dayak gift to the villagers.

"They have every right to celebrate their victory," said lawyer See Chee How ( left ), who represented the native landowners.

Elaborating on the case, See said that by a consent order entered in the High Court in Kuching, the three native Bidayuh village communities would keep their ancestral dwellings and their rights to the NCR land in Upper Bengoh, Padawan.

"Upon the confirmation by the state legal officers in Kuching High Court that the state government is not proceeding with the two proposed parks, the villagers in and around Kampung Nyegol, Kampung Sting and Kampung Muk Ayun withdrew their application for judicial review to quash the state’s decision," See said.

First notice gazetted on May 23, 2013

The notifications proposing the establishment of the two national parks were published in the Sarawak government gazette on May 23 and again on July 25 last year. Notice was given to the affected native villagers in October.

In an affidavit dated April 22, 2014, state Forestry Department director Sapuan Ahmad said a significant number of people from villages located in the two proposed national park areas have submitted claims over rights to the land covering the proposed parks.

Sapuan said he had determined, in his capacity as state Controller of National Parks and Nature Reserves, that “the exercise or enjoyment of the rights and privileges claimed by the persons, whose land may be affected by the proposed constitution of the national parks, should best be regulated under the Sungai Sarawak Kiri Water Catchment Area Declaration Order 2002”.

He said he drew the attention of the state minister in charge to the claims made by the affected villagers and subsequently, the minister indicated to him that he does not wish to proceed with the setting up of the two national parks.

Judicial Commissioner Mairin Idang recorded the consent order as agreed by both parties, allowed the application for judicial review filed by the villagers to be withdrawn and also ordered the respondents to pay RM2,000 in costs to the villagers.

State Legal Officer Lonie anak Pinda represented the respondents, comprising the Sarawak state government, state Resource Planning and Environment Minister and the Kuching Forest Officer.