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The conflict between the Federal Government and indigenous group in Sarawak is

clearly be seen in this case which is known as Bakun Damp project. The indigenous people
have argued the project will lead to a massive environmental destruction and social
disintegration. They have the view project will destroy their biological resources where their
shelters, livehood and food are dependence on the land involved. It was being said there was
also an ancestral and cultural attachment to land. Judgement made by The High Court granted
the project could not be taken place if the developer had not complied with the requirements
that have been provided by Section 34A of Environmental Quality Act of 1974. The Court of
Appeal overturned the decision and allowed the appeal and Bakun Damp was finally
constructed. From here, the judgement has resulted massive damage to the area involved
and thousands of indigenous communities were affected. The costs to overrun were said to
be transferred from the Federal Government to the Government-Link Corporation which is
Sime Darby and in May 2017, the damp was said to be officially belonged to the State of
Sarawak when the first instalment was paid. The judgement made in this case has failed to
consider and foreseen these circumstances where the cost to litigation has spawned and the
damn has not yet operated. If I were the judge to decide on this case, I would consistently
and regularly apply well established Malaysia common law principles in judicial review
proceedings where for now the balance overwhelming in favour of the government where
the affected communities from then until now comprises fifteen communities where their
roles and lives affected.

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