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2002 MarsdenLR 2292 ; 2002 MarsdenLR 1

MOHD NOOR AHMAD
SAGONG BIN TASI – Appellant
Versus
KERAJAAN NEGERI SELANGOR – Respondent


Advocates:
Cyrus V Das ( Jerald Gomez, Abdul Rashid Ismail, Shamila and Leena Ghosh with him) ( Jerald Gomez & Associates) for the plaintiffs.
Mohd Zawawi bin Hj Salleh( Kamarolzaman bin Abidin with him) (Selangor State Legal Adviser) for the first defendant.
Zaki bin Tun Azmi ( Harjinder Kaur and Tan Siok Hui with him) ( Rashid & Lee) for the second defendant.
Ramesh Sanghvi ( Harmeet Singh with him) ( Kassim Tadin Wai & Co) for the third defendant.
Pretam Singh a/l Darshan Singh ( Lailawati Husin with him) (Senior Federal Counsel) for the fourth defendant.

MOHD NOOR AHMAD J:

(1) : The plaintiffs sue in a representative capacity in respect of themselves and on behalf of each and every member of their respective families. The second and sixth plaintiffs died and were properly substituted by their respective daughters. The suit was filed as the result of a dispute that arose out of the eviction of the plaintiffs and their respective families from 38.477 acres of land situated at Kampong Bukit Tampoi, Dengkil, Selangor (‘the land’). In March 1996, the land was acquired for the purpose of the construction of a portion of the highway to the Kuala Lumpur International Airport. The land was in the shape of a strip running through a gazetted aboriginal reserve under the Aboriginal Peoples Act 1954 (‘the Act’) and also land customarily occupied by the orang asli and, therefore classified as an aboriginal area or an aboriginal inhabited place under the Act. In the context of the purpose of the acquisition of the land, the first defendant (the Selangor State Government) is the acquiring authority which acquired the land through the Sepang District Office. The fourth defendant (the Federal Government) is the decision maker to undertake the cons

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