JUDGMENT

Abu Bakar Jais PCA (Majority):

Introduction

[1] This case concerns the application for leave for Judicial Review ("JR") at the High Court ("HC"). The application was dismissed at the same court. Subsequently, that decision of the HC was appealed to the Court of Appeal ("COA"), and the latter dismissed the appeal and affirmed the decision of the former. All parties then came before us for the appeal against that decision of the COA.

[2] Both the HC and the COA came to the same conclusion that the application for leave for JR by the appellants should not be allowed. The application for this leave is essentially to challenge the gazette notification that had degazetted 406.22 hectares of the Bukit Cherakah Forest Reserve ("land"). It is also to challenge the decision to allow for the development of the land. The leave application for JR also sought a declaration that the requirement for a public inquiry as stipulated in the National Forestry Act (Adoption) (Amendment) Enactment 2011 ("Enactment 2011") must be complied with by the respondents as a prerequisite before the de-gazettement of any land can be allowed in the state of Selangor.

[3] The appellants also applied before us for all actions, proceedings, executory proceedings or any other cause of action that may arise because of the decision to degazette to be stayed, until the application for the JR has been decided and resolved in its entirety and with finality or until it is ordered otherwise by this court.

Parties

[4] The 1st appellant is the legal officer of Pertubuhan Pelindung Khazanah Alam Malaysia ("PEKA"). PEKA was established in 2010 with the vision to save the rainforest and its biodiversity from extinction and to ensure the conservation and protection of the environment. The 2nd appellant is the legal officer of Persatuan Rimba Komuniti Shah Alam ("SACF"), an association that was officially formed in March 2016 to essentially protect forest areas.