The High Court in Kota Baru fixed Oct 23 for 55 residents in Kampung Air Piau 1 and Air Piau 2, Tanah Merah, to submit an additional affidavit in their compensation suit against Felcra Berhad if the latter has not filed its counter claim.   

   

Justice Azman Abdullah made the decision in chambers during the case management proceeding today.

   

Felcra Berhad and the state government were named as the first and second defendants, respectively, in the suit filed by the plaintiffs on Sept 25. Perbadanan Menteri Besar Kelantan (PMBK), State Lands and Mines director, and Tanah Jajahan Tanah Merah administrator are the third, fourth and fifth defendants, respectively.

   

The plaintiffs' counsel Mohd Nasir Abdullah told Bernama all the defendants except for Felcra Berhad had filed their defence.

   

According to him, the plaintiffs, on the other hand, had been ordered to file their defence against the counter-claim by the PMBK which contended that the residents had encroached on the land.

 

The suit involves 184ha of land which the plaintiffs claimed rightly belongs to them and that the first and second defendants have wrested it without their consent.

   

The plaintiffs are seeking general damages, at an interest rate of eight percent per annum, costs and reliefs deemed fit by the court.

   

They are further asking to be recognised as owners of the property, at 2.4ha per plaintiff by virtue of being the pioneers since 1979.

   

In their statement of claim, they said they settled on the land and developed it when the Barisan Nasional (BN) was governing the state.

   

They claimed that in 2007 the second defendant took over the land with the third defendant as the landlord without any prior negotiations with them. They claimed the defendants also failed and were negligent in recognising their existence since 1970 on the land.

   

Kelantan Legal Adviser Azlan Abdul Halim represented the second to fifth defendants at the proceeding.

   

- Bernama