(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 construction of the highway, the third defendant (Lembaga Lebuhraya Malaysia) is the authority to supervise and execute the design construction and maintenance of the highway and the second defendant (United Engineers (M) Bhd) is the contractor engaged to construct the highway.

(2) By this writ action, the plaintiffs seek the following declarations:

(a) that the plaintiffs are the customary owners, the original title

holders and the holders of usufructuary rights in respect of the land;

(b) that their customary ownership, original title and usufructuary rights

to the land are not destroyed, restricted or extinguished;

(c) that their ownership, title and usufructuary rights and/or that of the

orang asli and of their ancestors to the land are entitled to be

protected by the first defendant by reason of a fiduciary duty owed or

the existence of a trust;

(d) that the first defendant owes a fiduciary duty to them and their

ancestors or is their trustee in respect of the ownership, title and

rights claimed;

(e) that the first defendant has no right to destroy, restrict or

extinguish their ownership, title and rights to the land without

compensation; and

(f) based on the reliefs sought, a declaration:

(i) that the exercise of any power or action taken by any person or

authority to destroy, restrict or extinguish their customary

rights and title to the land is not valid and therefore is null

and void, in particular, the notice for vacant possession issued

by the Sepang Land Administrator; and

(ii) that each of them, as beneficial owners of the land, is entitled

to adequate compensation as stipulated in the Land Acquisition

Act 1960 (‘the LAA’) in respect of the land which had been

destroyed, restricted or extinguished by or on behalf of the

first defendant.

(3) The plaintiffs also pray for the following orders:

(i) the first defendant to pay adequate compensation for the land;

(ii) the second and third defendants to pay damages for trespass;

(iii) the first defendant to pay damages for the illegal eviction; and

(iv) special damages.

(4) Consequently, and in the alternative, the plaintiffs ask for the following reliefs:

(a) a declaration that the land is ‘Malay reservation’ within the meaning

of art 89(6) and protected under art 89(1) of the Federal Constitution (

‘the Constitution’);

(b) a declaration that all actions taken by the defendants which deprived

the plaintiffs of the use and enjoyment of the land are

unconstitutional, invalid and therefore, null and void;

(c) a declaration that the land is protected by reason of usufructuary

rights