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Native Land Acquisition - Coggle Diagram

- - - - Plaintiffs are Orang Asli Selatar, from Kampung Orang Asli Sungai Temon and Kampung Orang Asli Bakar Batu, Danga, Mukim of Pulai, District of Johor Bahru
      - Kampung Sungai Temon and Kampung Bakar is officially recognised as orang Asli village by the Government. The entire customary land is approximately over 340 acres
      - ISSUES
        
        Whether the Plaintiffs have acquired Orang Asli Customary rights by Common Law?
        
        Whether Oral testimonies by Plaintiffs is qualified?
        
        Whether NCR is superior to the rights conferred under the National Land Code?
      - Kampung Bakar Batu has been partly gazetted as an aboriginal reserve under Section 7 of Aboriginal Peoples Act 1954
      - Plaintiffs and their ancestors continued to occupy traditional connection with the Customary territory with their customs relating to lands and water unique to Seletar culture
        
        In 2011, They Orang Asli found out their customary territories have been alienated to defendants.
        
        Plaintiffs demands for their rights to be Recognised
    - - The courts allows plaintiff to claim only to 2nd, 3rd, 5th and 6th Defendants
        
        The court grant relief for the plaintiffs to hold customary rights over the land, for the lands to be gazetted, and plaintiffs to be compensated under land acquisition Act.
    - - NCT/NCR as recognized by Common Law is a broad term consisting of a spectrum of rights ranging from title, right to occupy right to use, enjoyment over land and other lesser forms of right.
      - The nature or extent of NCT/NCR depends entirely on the customs, practices and usages of each individual community. What the individual practice and usages in regard to acquisition of customary title is a matter of evidence as to the history of each particular community
      - the Plaintiffs have been in prior and present occupation of the said lands since time immemorial.
      - The Plaintiff give an oral account of the historical occupation of the said lands and waters by their ancestors which has been passed down from generation to generation. In fact they are the best persons to tell the Court about their claims, trying their level best to recollect from their memories the story of the historical occupation related to them by their forefathers. .
        
        tendered some documents showing the genealogical charts of a family dating back 8 generations. The court find that they are the competent witnesses. Their oral evidence on the historical occupation of the customary lands by their forefathers is admissible as long as it is relevant to the facts in issue.
    - - the Court had recognized the reserved native land through the custom, practices and historical aspect of the people that resided there.
      - The Plaintiff had able to proof that they already occupied the land long since the time of their forefather.
      - if the claimant had a solid and long historical history over that land, it can be consider as a basis to claim their right on the land and their right to claim for compensation.
    - - Therefore, it can be conclude that if the Orang Asli has no document to support their right over the land they can try to apply to bring the claim on the basis of their historical background, customary practice and individual practice in the community.
        
        However, the claim and evidence should be a solid and undeniable facts of history to use this basis as it might got rejected by the Court on certain ground.
- - - - The plaintiff(respondent) Orang asli temuan, where they were given 14 days notice to vacate the land as the Land Administrator pursued an acquisition of their land. The plaintiff was not happy with the amount of the compensation that was awarded. The defendant(appellant) claimed that land are state land and they dont recognised the Orang asli as the proprietor of the land as they do not have IDT of the land.
    - - The Court of Appeal dismissed this appeal as the 1954 Act recognised the plaintiffs' right to occupy their land under customary law. In light of the principles established by our courts in cases determined under the 1960 Act, they were entitled to payment of compensation when they were forced to move from their land.
    - - But this is nevertheless a sad case. Sad, because of the treatment that the plaintiffs received in the hands of the defendants. Here you have a case where the very authority — the State — that is enjoined by the law to protect the aborigines turned upon them and permitted them to be treated in a most shoddy, cruel and oppressive manner. It is my earnest hope that an episode such as this will never be repeated.”
  - - - If the state authority intends to acquire Orang Asli reserve land, it must consult with the Orang Asli and obtain their consent.
        
        If the Orang Asli do not agree to the acquisition, they may be entitled to compensation for the loss of their land or resources. (amount and nature can vary depending on several factors)