Twenty-seven Temuan and Senoi villagers from Pahang have sought leave in the Kuala Lumpur High Court to apply for an injunction to prevent work on the Kelau Dam project, which they claim to have received unlawful approval.

The leave application, filed with a certificate of urgency, was lodged with the Civil High Court Registry on Tuesday through their lawyer Kamarul Hisham Kamaruddin.

On Oct 9, the group had sought judicial review of approval of the project at three levels - by the Department of Environment (DOE) diretcor-general, Pahang government and the federal government. This is due to be heard on Feb 13 next year.

When contacted, Kamarul Hisham said the move was to ensure that judicial review of project approval would not be rendered moot by any activity by the government or other parties.

“We are seeking a hearing for our interlocutory injunction application as soon as possible so that nothing happens before Feb 13 that would make our judicial review case academic,” he explained.

Residents of the Lakum Forest Reserve, Kelau Felda Scheme, Krau Felda plantations, Sungai Temir Orang Asli Reserve and Kelau land scheme are allegedly against RM3.8 billion dam project located in Raub.

The dam is part of a larger multi-billion ringgit project to transfer raw water from Sungai Telemong in Pahang to Selangor, without which the latter is likely to face a water crisis by 2010.

The project will involve the clearing of 1,549 ha of the Lakum Forest Reserve and relocation of hundreds of Temuan Orang Asli and Malay farmers and other residents.

Critics believe the environmental and societal impact would far outweigh the ‘temporary relief’ to be gained from supplying water to Selangor.

On Feb 24, 2001, the DOE had approved the detailed Environmental Impact Assessment (EIA) report.

However, according to the plaintiffs, the EIA report did not satisfy requirements stated in the DOE ‘Handbook of Environmental Impact Assessment Guidelines’ and ‘Environmental Impact Assessment Guidelines for Dams and/or Reservoirs Projects’.

The Pahang and federal governments, they added, have failed to obtain feedback from the plaintiffs as required under Section 34A(2) of the Environmental Quality Act 1974.

The state and federal governments have also failed in their fiduciary duty to be responsible for and to protect the plaintiffs, they noted in their affidavit.

Preparations in place

Their affidavit further stated that, despite having filed their leave application for judicial review two months ago and having sent letters to the Pahang government, the plaintiffs have not received any response.

Kamarul Hisham said recent developments, as reported in the media, signal the real possibility that the inter-state raw water transfer project will begin soon.

Among the developments are:

• An agreement signed on Nov 22 between the DOE and the Selangor government on the supply of water;

• A news report on Nov 23 that the federal government would soon appoint Kumpulan Darul Ehsan Bhd group as the main contractor;

• A news report on Nov 23 that the construction work would start in mid-2008;

• A news report on Nov 27 that construction work on a 44 km-long tunnel would begin in the second quarter of 2008; and

• A federal government announcement that it was ready to sign a financing agreement with the Japanese Bank of International Co-Operation for the project.

The plaintiffs believe that such reports mean they may possibly be relocated to make way for such works “at any time” between now until Feb 13, 2008, added Kamarul Hisham.