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Supreme Administrative Court Judgment No. 6/2558

Country/Territory
Thailand
Type of court
National - higher court
Date
Jul 10, 2015
Source
UNEP, InforMEA
Court name
Supreme Administrative Court of Thailand
Seat of court
Bangkok
Reference number
Decided Case No. 6/2558
Language
Thai
Subject
Waste & hazardous substances, Legal questions
Abstract

The private landfill waste disposal site caused smell nuisance and contamination in drinking water of local peoples. Despite awareness of the fact, the authority failed to relieve nuisance and harm to health, and extended the permit. The case brought by local people comprised 2 substantive legal questions: (1) legality of permits, based on the failure to conduct EIA and public participation and the failure to comply with environmental and health standards; and (2) negligence of duty by the authority to relieve nuisance and harms to local population and environment. The court found in favor of the plaintiffs on both issues. The Ruling derived the duty of the private company to conduct an EIA from the permit conditions. However, in deciding that the permit was unlawful, the court primarily based its decision on its failure to comply with environmental and health standards.

Full text
Thailand Decision 6-2558.pdf
02012-550010-1F-580828-0000556158.pdf
Website
www.admincourt.go.th