KUALA LUMPUR — Two environmental groups are renewing their fight against the Selangor government over the backdated degazettement of a portion of the Bukit Cherakah Forest Reserve.
The Shah Alam Community Forest (SACF) Society and Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) said they have decided to apply to the Federal Court to review its April 1 decision which dismissed their appeal for a judicial review application on the retrospective degazettment.
“We are taking this step because we believe that there has been a clear miscarriage of justice in our case,” the two non-governmental organisations (NGOs) said in a statement, where they also appealed for public donations to their legal fund.
“We are deeply concerned that the grounds of judgement will set a dangerous precedent that will make it much harder for NGOs and civil society groups to challenge deforestation and environmental cases in the future,” they added.
Their application will request a reexamination of the grounds of judgement made by apex court justices Datuk Seri Abu Bakar Jais and Datuk Rhodzariah Bujang.
On April 1, the Federal Court in a 2-1 decision dismissed SACF Society and Peka’s appeal against the Court of Appeal’s decision which threw out their their challenge against the Selangor government. The dissenting judge was Datuk Lee Swee Seng.
The issue centres on the legality of a state gazette dated May 5, 2022, that 406.22ha of the forest reserve had been excised, paving the way for commercial development in a forest frequently used by hikers, nature groups and residents for exercise, recreation and nature education.
Although the notice was published on May 5, 2022, the decision to degazette the land was backdated 22 years to take effect on November 20, 2000.
This 22-year gap and retroactive effect denied the public their right to make objections to proposed development plans, the two groups had argued.
They also argued that it is illegal for the Selangor government to backdate a gazette.
In their current statement, SACF Society and Peka said they feel “a great responsibility to pursue justice…for the broader protection of Malaysia’s forest”.
The groups’ application for judicial review was dismissed by the Shah Alam High Court in November 2022. The appeal at the Court of Appeal was dismissed in January 2024.
The groups then took the matter to the Federal Court, which made its decision on April 1.
The Selangor government, the state executive council, state Forestry Department director, the Petaling Land and Mines Department, Perbadanan Kemajuan Negeri Selangor and two private entities were named as respondents.
Several projects are slated for the area, such as mixed development and residential housing, as well as a cemetery.
Earthworks for a road link have reportedly begun, to connect Jalan Pulau Angsa U10/39 to Persiaran Setia Duta in Setia Ecopark that the groups say will impact popular hiking trails and disrupt wildlife habitat.
According to SACF Society, wildlife that have been encountered in the Bukit Cherakah forest include the Malayan Tapir, gibbons, pangolins, leopard cats, slow loris, mouse deer and hornbills.
The Shah Alam City Council has defend the legality of the land status and planned projects. – May 28, 2026