The Shah Alam High Court this morning rejected a developer’s application for summary possession of Kampung Berembang in Ampang.

A full trial will therefore be needed if the developer still seeks to claim ownership of the land.

A summary judgment - which developer Perspektif Masa Sdn Bhd had sought as representative of its joint-venture agreement partner Permodalan Nasional Selangor Bhd (PNSB) - would have meant it could claim ownership of the land without going into a full trial.

According to the residents’ lawyer Edward Saw, judicial commissioner Mariana Yahya said “there were triable issues as to whether the residents had the implied consent of the Selangor government to reside on the land”.

In addition to contending that it owns the land, PNSB had also sought an interim injunction to prevent the defendants from interfering with works being carried out on Kampung Berembang.

This, as well as the PNSB’s ex-parte injunction obtained on Feb 27 to vacate the land, were declared unlawful and set aside with costs.

The judge ordered PNSB to pay damages and other costs incurred due to demolition of the residents’ homes.

Parti Sosialis Malaysia pro-tem secretary-general S Arutchelvan ( photo ) said the decision was announced in chambers.

It was relayed at about 11.15am to the Kampung Berembang villagers, many of whom had packed the court’s public gallery and the hall outside.

He said the decision was greeted with loud applause and cheers from the residents, some of whom have been staying in tents since their houses were demolished in November last year.

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“The villagers are very grateful for the decision, which must be attributed to some extent to their persistence in claiming a stake over the land and their continued presence in court,” said Arutchelvan when contacted.

Back to status quo

Kampung Berembang residents assert they had lived on the land since the 1960s with the consent of the Selangor government and thus should be compensated in the event the land is acquired for development.

They cited the setting up of an Umno Kampung Berembang branch as well as the provision of electricity, a surau, a multipurpose hall, and other amenities by the authorities to back their claims for compensation.

On Nov 17 last year - a week after an eviction notice was served on the residents - officials of the Ampang Jaya Municipal Council (MPAJ), riot police, and people’s volunteer corps Rela forcibly demolished several of the houses.

Despite an appeal, demolition works recurred on Nov 20 and Nov 30. By March 7 this year, the private developer had reduced the 30-year-old settlement to rubble.

The villagers have also filed a suit against MPAJ for serving ‘non-valid’ eviction notices under the Emergency (Clearance of Squatters Regulation) Ordinance 1969.

Following this morning’s decision, the situation returns to the status quo prior to the demolition. Technically, therefore, the residents are allowed to return to Kampung Berembang.

“We hope the developer does not appeal the decision and prolong the suffering of the residents,” added Arutchelvan.