Ketua Pengarah Jabatan Alam Sekitar Anor V Kajing Tubek Ors
The plaintiffs claimed that they have been deprived of their right to obtain a copy of the eia relating to the construction of a hydroelectric project in bakun and to be heard and make representations before the eia is approved.
Ketua pengarah jabatan alam sekitar anor v kajing tubek ors. 6 march 1997 decided date 1. The respondents were three such natives and they and their ancestors had from time immemorial lived. The whole of the affected area belonged to the state of sarawak though about 10 000 natives were in occupation of it under customary rights. The government of malaysia 1986 2 clj 118.
Kajing tubek often referred to as the bakun dam case where gopal sri ram controversially held that although he found that the three respondents will suffer deprivation of their livelihood and cultural heritage by reason of the project being implemented they did not have locus standi to bring an action before the court. 1986 clj rep 190 sc refd subramaniam v. Muthuswami air 1941 fc 47 refd sulaiman takrib v. Ketua pengarah jabatan alam sekitar anor v.
If any state law is inconsistent with a federal law the federal law shall prevail and the state law shall to the extent of. Kajing tubek ors and other appeals 1997 4 clj 253 ca foll mamat daud ors v. 14 june 1997 gopal sri ram ahmad fairuz and mokhtar sidin jjca. 34a of the act.
Abdul razak ahmad v kerajaan negeri johor anor. Ketua pengarah jabatan alam sekitar anor v kajing tubek ors and other appeals court of appeal kuala lumpur gopal sri ramahmad fairuz and mokhtar sidin jjca civil appeal no w 01 166 of 1996 consolidated with civil appeal nos w 01 165 of 1996 and w 02 341 of 1996 6 march 1997 14 june 1997. Ketua pengarah jabatan alam sekitar anor v kajing tubek ors and other appeals. V kajing tubek ors 1997 3 mlj 23.
Home law and cases court decisions ketua pengarah jabatan alam sekitar anor v kajing tubek ors and other appeals. V ekran bhd ors 1996 2 mlj 388 and on appeal to court of appeal ketua pengarah jabatan alam sekitar anor. Ketua pengarah jabatan alam sekitar anor v kajing tubek ors and other appeals. Article 75 of federal constitution.
These appeals arose from a judgment of the high court on the same subject matter. The respondents complaint related to the bakun hydroelectric project. Under the environment quality act of 1974 activities prescribed by the minister in charge of environment protection can only be carried out with the approval of the. Ketua pengarah jabatan alam sekitar anor v kajing tubek ors and other appeals 1997 3 mlj 23 civil appeal no w 01 166 of 1996 consolidated with civil appeal nos w 01 165 of 1996 and w 02 341 of 1996 court of appeal kuala lumpur hearing date 1.
30 kajing tubek ors. It follows that the learned judge had erred in finding that the respondents have accrued or vested rights to claim for a declaration. Kajing tubek ors other appeals action to rely upon since their complaints were based on s.