The Orang Asli of Kg Pasu Temerloh today dropped their case against the Pahang government in the Court of Appeal after both sides came to a settlement.

The two parties agreed to withdraw at the behest of a three-member panel chaired by justice Jeffrey Tan Kok Wha given that water and power supply has been reconnected for the community's multi-purpose hall, which is the centre of the dispute.

The Orang Asli initially filed their appeal to challenge a decision by the Temerloh High Court, which ruled that the Pahang government had the right to cut the hall's water and power supply as it was built on state land.

But with the settlement, by way of a consent order, the situation is now back to status quo ante - the Orang Asli insist that the land where their community hall is sitting on is native customary rights land, while the government claims that it is state land.

Lawyer Steven Thiru, representing the community, noted that Tenaga Nasional Berhad and the Water Supply Department have already reconnected both water and power supply.

He however said that because the state government insists that utilities supply comes under their purview, the community will oblige by filing an application with the Temerloh District and Land Office as a formality.

"We still maintain our position that this is native customary land, but we will leave that matter for another time. On this particular issue, we consider it resolved," Thiru said.

‘No reason not to help Orang Asli’

Earlier, panel judge Justice Mohamed Apardi Ali lambasted the Pahang government for even allowing such a basic issue to reach the courts.

Directing his attention mostly on the state government’s legal advisor Mat Zaraai Alias, Apardi stressed that the issue of utilities supply and even that of the status of the land could have been settled between the two parties outside the court.

“This is a question of electricity and water. The government keeps on saying rakyat first, so just give it to them. Why does it have to come to court?

“These are very basic issues, electricity and water in this day and age... Boleh selesai (can be settled),” fumed Apardi, who pointed out that he personally “knows” of the plight faced by the Orang Asli in Pahang.

Meanwhile, the Orang Asli community of Kg Pasu is expected to go back and continue using their multi-purpose hall as before, with no hurdles from the government.

Steven, who jointly represented the community with Kenny Ng Bee Ken and Annou Xavier, said they will leave things as they are for now but will be prepared for the worst.

'Stay off their land'

“The next step is to get their interests on the land. That will come up if there are any new suits filed.

“If there is any encroachment, we will seek a declaration that it is their land. But this will be a matter for another time,” he said.

Last January, the Temerloh High Court ruled that the Pahang government had the right to disconnect the water and power supply at a multi-purpose hall used by the Kg Pasu Orang Asli community, as the building was erected on state land.

The ruling was made on a suit filed by Wet Ket, 59, and his son Yaman, 33, on behalf of the community.

They claimed that the federal government had given the community RM35,000 to build the hall on the current site, after the Temerloh District and Land Office demolished a similar structure in 2006.

The district office, however, did not reconnect the water and electricity supply to the rebuilt hall after its completion in 2007.

The hall, among others, has been used by some 70 Orang Asli Christians for religious gatherings.

Steven claimed that the hall is also used by Muslims in the same community for religious events, while also serving as a daycare and tuition centre for the Orang Asli.