The application by seven villagers in Singkir, Kedah, to seek declarations that a quarrying project on Gunung Jerai near their villages contravened federal, state and local laws and had adversely affected their lives, has been struck out by the Alor Star High Court.

Justice Mohd Sofian Abdul Razak cited technical grounds for his ruling yesterday - that they had wrongly filed their suit for the various declarations under Order 15 Rule 16 of the Rules of the High Court 1980, which pertain to general declarations.

The plaintiffs, whose villages of Singkir Genting and Badong are located within one to three kilometres of the quarry, had sought declarations to the effect that the defendants - the Kedah state government, Yan district council, the director-general of the Department of Environment (DOE), and the director of the state Land and Mining Office - had since 2001 wrongfully granted approvals for the quarrying project.

The villagers had also sought stop-work orders to be issued to the fifth and sixth defendants - quarrying contractor Kemelong and Sankojaya Construction Sdn, and quarrying operator KS Chin Minerals Sdn Bhd - and for the latter to restore the quarrying site and its environs to their original conditions before the project started in 2002.

Since then, the villagers claimed, the quarrying project have affected their sources of livelihood in the form of yields from fruit trees and rice fields that have been lost or affected and the pollution of their sources of water - the Singkir and Badong rivers.

The villagers also claimed to be affected by dust, vibrations, smut and pollution from blasting activities at the quarry.

Malaysiakini had earlier reported allegations that the quarrying project had allegedly led to unprecedented floods at the villages, causing destruction of property.

Villagers disappointed

The courtroom was packed with about 60 residents of Singkir Genting and Badong to hear Sofian's ruling.

He said the villagers should have sought a judicial review of the various approvals and issuances by the first four defendants under Order 53 of the Rules of the High Court.

The declaratory relief and injunctions sought against the fifth and sixth defendants, therefore, can only be granted following a successful judicial review.

Karina Yong, one the lawyers for the villagers, said they had yet to decide whether to seek an appeal or apply for judicial review under Order 53.

"Of course, the villagers are disappointed by the decision. But it's not the end of the road for us," she said when contacted.

According to the villagers, the 40.49ha quarrying site had wrongfully been degazetted by the state authorities as a forest reserve, while the quarrying project contravened the Yan District Structure Plan for 1995-2020 which set aside the area as a forest reserve.

The structure plan prohibits development that would affect the stability and quality of the area's environment, while any development for purposes of eco-tourism have to ensure the preservation of its natural environment, eco-system, and water catchment areas.

The DOE had wrongfully issued an Environmental Impact Assessment report to the quarrying project, while the land and mining director had wrongfully issued a 30-year lease of the site to the quarrying operator, claimed the villagers.

Other laws allegedly breached were the Town and Country Planning Act 1976, National Land Code, National Forestry Act, and/or the Environmental Quality Act of 1974 in relation to development works.