This was an application by the applicants by way of a notice of originating motion for an order of certiorari to quash the respondent's decision on 5 February 1999 to demolish their houses or evict them from their houses or premises, built on state lands in Kampung Sungai Nipah, Batu Tiga Shah Alam, after 5 March 1999 pursuant to the eviction notices served on them. The eviction notices required them to vacate the state lands which they had been staying illegally and without permission, within 14 days of the date of the notices. It was not an application to quash the said notices. The original respondent was 'Pejabat Tanah/Daerah Petaling' but it was orally amended at the hearing before me to 'Pentadbir Tanah Daerah Petaling' after my query as to why the applicants cited the respondent as the 'Pejabat Tanah/Daerah Petaling'. The learned state legal advisor, who appeared for the respondent, after some hesitation, did not object to the oral application for amendment.

The respondent's decision was contained in a letter dated 8 February 1999 addressed to the first applicant as the chairman of the action committee of Kampung Sg Nipah ('KSN'). To avoid any misapprehension of facts, it had to be stated here that he was only acting as chairman of the action committee on behalf of the applicants and not on behalf of all the squatters in KSN. The letter reads as follows:

Pejabat Daerah/Tanah Petaling

Kompleks Pejabat Kerajaan Daerah Petaling

No 9 Jalan SS 16/1

47500 Subang Jaya

Selangor Darul Ehsan

Ruj Tuan:

Ruj Kami: (179) dlm PTDP 3A(DM) 63

Tarikh: 8 Februari 1999

Encik T Mohan

Pengerusi

Jawatankuasa Bertindak

Kampong Sungai Nipah

C10 112 Block 65, Ground Floor

Seksyen 24, 40000 Shah Alam

Selangor

Tuan,

Penangguhan Tindakan Penguatkuasaan Setinggan Sungai Nipah yang di Wakili oleh Tuan

Adalah saya dengan hormatnya merujuk kepada perkara tersebut di atas.

2 Mesyuarat yang diadakan pada 5 Februari 1999 di pejabat Daerah Petaling yang dipengerusi oleh Pegawai Daerah Petaling telah bersetuju untuk menangguhkan tindakan meroboh/mengosongkan rumah/bangunan setinggan yang tuan wakili sahaja untuk tempoh satu bulan iaitu sehingga pada 5 Mac 1999.

3 Sehubung dengan itu tindakan penguatkuasaan akan dijalankan selepas tarikh tersebut tanpa sebarang notis.

Sekian terima kasih.

'Berkhidmat Untuk Negara'

Saya yang menurut perintah

tt

(AB Malek bin Hj Mohd Amin)

Penolong Pentadbir Tanah (Penguatkuasaan)

bp Pentadbir Tanah Petaling

sk

1 YB Tuan Lee Hwa Beng

ADUN Sunbang

Subang Jaya

2 Pengarah

Tanjung Istimewa Sdn Bhd

3 Petaling Tanah Petaling

4 KPPD(T)

The meeting on 5 February 1999 referred to in the letter was held at the request of the applicants. It was at this meeting that the respondent agreed not to enforce the eviction notices until after 5 March 1999. The respondent clearly stated in his letter that the said decision was only applicable to the squatters represented by the first applicant. The letter made no mention on the fate of the other squatters, who form the majority of the squatters in KSN.

The background

The applicants were squatters on state lands. They had been residing illegally and without permission on the state lands, in an area what is now known as Kampung Sg Nipah, District of Petaling, Selangor, along with some other squatters for the past 40 years. According to the survey conducted by the Petaling District Office on 21 and 22 December 1996, there were 132 squatter families residing in KSN. They had constructed houses and/or structures on the state lands without the permission of the state authority. In addition to this, there were another 55 families who were either relatives of some of the 132 squatter families or tenants. A complete list of the squatter families certified by the village head is exhibited as exh AM3 in the respondent's affidavit. The actual number of persons residing in the KSN was not made known to the court.

The applicants claimed that when they initially resided in KSN it was then a forest ar