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.