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Acquisition of Orang Asli Land - Coggle Diagram
Acquisition of Orang Asli Land
Judicial Decisions
Kerajaan Negeri S’gor &Ors v Sagong bin Tasi &
Ors [2005] 6 MLJ 289
"The precise nature of such a customary title depends on the practices and usages of each individual community. And this brings me to the second important point. It is this. What the individual practices and usages in regard to the acquisition of customary title is a matter of evidence as to the history of each particular community."
The court granted the compensation under section 12
tribe which was gazetted as aboriginal land were taken down by the State Government due to a highway project
Orang Asli of Temuan
Part of land settled by
Nor Anak Nyawai & Ors v Borneo Pulp Plantation Sdn Bhd
The court held that, while it is correct that the plaintiffs do not hold any title to the land and may be termed licensees but their license … cannot be terminable at will. Theirs are native customary rights which can only be extinguished in accordance with the laws and this is after payment of compensation
Plaintiffs were residents of two longhouses claimed that the defendant timber company had trespassed and damaged their ancestral land. The plaintiffs, however, did not hold documentary title to the land.
Rights to the land were established by the person who uses and clears the jungle and the practices were passed throughout their decendants
Adong Bin Kuwau & Ors v Kerajaan Negei Johor
Mokhtar Sidin JCA “in Malaysia the aborigines' common law rights include, inter alia, the right to live on their land as their forefathers had lived and this would mean that even the future generations of the aboriginal people would be entitled to this right of their forefathers.”
Provisions
Federal Constitution
Article 13
(1) No person shall be deprived of property save in accordance with law.
(2) No law shall provide for the compulsory acquisition or use of property without
adequate compensation.
Aboriginal Peoples Act 1954
Section 12
If any land is excised from any aboriginal area or aboriginal reserve or if any right in any aboriginal area granted had been revoked wholly or partly, the State Authority may grant compensation
Section 11
(l) Where an aboriginal community establishes a claim to fruit or rubber trees on any State land which is alienated, granted, leased for any purpose, occupied temporarily under licence or otherwise disposed of, then such compensation shall be paid to that aboriginal community as shall appear to the State Authority to be just.
(2) Any compensation payable under sub-s (1) may be paid in accordance with s 12
Section 3
Aborigine (a),(b),(c)
Section 6
Aborigine land
Section 7
Aboriginal reserves
Application and Conclusion
The Orang Asli do not have any document title to prove their ownership of the land
However, based on the cases referred, they may have their customary rights as they are the one who had used the said land for generations
It must be proven that they have the customary rights over the land
The government has the duty to compensate the Orang Asli for their deprivation over their land
Thus, the Orang Asli can be compensated under Section 12 of the Aborigines Peoples Act 1954
Whether a group of Orang Asli living in an Orang Asli reserve may claim compensation upon acquisition of their land by the State Authority under the Land acquisition Act 1960 and if so on what basis, given the fact that the Orang Asli do not have any document of title to evidence their ownership of such lands