IPOH: The abbot of century-old Buddhist monastery which was ordered to evict, expressed his disappointment at the court ruling,
Malaysia Dhamma Sakyamuni Monastery (Caves Monastery) abbot Dr Chiong Sai Tin said this after Associated Pan Malaysia Cement (APMC) won an appeal to evict a century-old Buddhist monastery in Gunung Kanthan, Chemor here, last week.
"It was disappointing that the Court of Appeals has rendered a unanimous decision in favour of APMC, a subsidiary of YTL Cement, in a land dispute case against the Malaysia Dhamma Sakyamuni Monastery.
"The Court of Appeal on Sept 5 reversed the High Court judgment and ordered that the monastery be evicted. The Court of Appeal held that no triable issues had been raised and there was no suppression of material facts by APMC," he said in a statement.
Chiong added that the monastery's request for a stay of execution was turned down by the court.
"The appeal was conducted online. In allowing the appeal, the court accepted APMC's argument that as registered owners they were entitled to succeed in a summary application for possession.
"The monastery's counsel argued but, unsuccessfully, that the court should confine itself only to whether the summons filed complies strictly with the provisions of Order 89 of the Rules of Court 2012 which has the effect of evicting the occupants without a trial.
"The monastery's counsel also submitted that there were triable issues regarding the existence of implied consent by both APMC and the state government.
"It was submitted that APMC had assured the monastery that they will be allowed to coexist with the quarry as recorded in the minutes of meetings and visits to the monastery by representatives from APMC," he said.
On implied consent by the state government, Chiong said it was argued that there was continued intervention, concern and acquiescence because of the suspension of blasting operations and also the undertaking to preserve all the cave temples in the Kinta Valley.
"The state government had declared the area enclosing the monastery as a Geopark in 2017. It was also pressed by the monastery's counsel that the High Court's finding that there was suppression of material facts rendered all the issues raised as triable.
"Furthermore, the affidavit evidence should be subject to cross-examination and the claim for possession should not be made without a trial," he added.
Chiong added that in the High Court, it was held that the plaintiff had abused the flexibility provided under Order 89 and provided misleading facts to the court.
"It was also held that the monastery occupied the said land with the implied consent of the plaintiff and its predecessor.
"The High Court also found that APMC, because of concealing material and substantial facts, have disentitled themselves to any relief as they did not come to court with clean hands.
"Upon dismissal of APMC's application in the High Court on October 4 (last year), the judge made no order as to cost. Whilst allowing the appeal, the Court of Appeal also ordered both parties to bear their own cost," he said.
According to a report by a news portal, APMC filed an Order 89 action to evict residents on Lot No. 46497 at the Hulu Kinta subdistrict where the monastery is located.
One of the last 12 remaining limestone hills in the Kinta Valley National Geopark, Gunung Kanthan is home to some endangered species of flora and fauna like bent-toed geckos, snow-white orchids and tiny snails.
Built amid the karst formation inside the caves, the century-old monastery is home to about 15 monks and is a place for prayer and meditation.
Over the years, about 80 per cent of the Gunung Kanthan has already been cleared due to quarry activities.