PUTRAJAYA (Jan 24): Two non-governmental organisations (NGOs) failed in their attempt to obtain leave to commence a judicial review process challenging the Selangor state government's decision to degazette a part of Bukit Cherakah from its permanent forest reserve status.

The three-member Court of Appeal bench led by Justice Datuk Azizah Nawawi dismissed the appeals by Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) and Shah Alam Community Forest Society (SACF).

In their unanimous decision delivered online, Justice Azizah said the High Court judge did not err in dismissing the NGOs’ leave application for a certiorari order to quash the Selangor State Executive Council’s decision to degazette part of the Bukit Cherakah forest reserve.

She highlighted that the NGOs' application was submitted late, not complying with the Rules of Court 2012, which mandates filing within three months from the date the decision is initially communicated to the appellants.

Justice Azizah said the State Executive Council made the decision to degazette part of the Bukit Cherakah forest reserve and alienate it to nine companies on Nov 20, 2000, but the NGOs’ application was filed more than 20 years later.

Justice Azizah also held that the decision to degazette part of the forest reserve is a policy decision by the state government that is not within the purview of the courts.

She said the decision by the State Executive Council to degazette part of Bukit Cherakah was made on Nov 20, 2000, and not on May 5, 2022, which was the notification date.

The other members of the bench were Justices Datuk Azimah Omar and Datuk Wong Kian Kheong.

Peka and SACF’s application to seek leave to commence the judicial review was dismissed by the Shah Alam High Court on Nov 17, 2022.

They had sought leave to commence a judicial review to challenge the decision by the Selangor government, State Executive Council, State Forestry Department director, and the Petaling Land and Mines Department on May 5, 2022, to degazette 406.22 hectares of the Bukit Cherakah forest reserve.

The NGOs claimed it was illegal for the Selangor government to backdate the notification of the degazettement decision on Nov 20, 2000.

They claimed the gazette was published on May 5, 2022, some 22 years after the decision to degazette Bukit Cherakah was made in 2000.

They named the Selangor government, State Executive Council, State Forestry Department director and the Petaling Land and Mines Department, YCH Development Sdn Bhd, Perbadanan Kemajuan Negeri Selangor (PKNS) and Restu Mantap Sdn Bhd as respondents in the judicial review.

In Wednesday’s proceedings, lawyer Pavita Loganathan appeared for the NGOs, while assistant state legal adviser Khairul Nizam Abu Bakar appeared for the Selangor State government, State Executive Council, State Forestry Department director, and the Petaling Land and Mines Department.

Lawyers Ng Ka Choon, R Ganapathi, and John Wong Yok Hon represented YCH Development Sdn Bhd, PKNS, and Restu Mantap, respectively.