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Supreme Administrative Court Judgment No. A.204/2552

Country/Territory
Thailand
Type of court
National - higher court
Date
Sep 15, 2009
Source
UNEP, InforMEA
Court name
Supreme Administrative Court
Seat of court
Bangkok
Reference number
Decided Case No. A.204/2552
Language
Thai
Subject
Waste & hazardous substances, Water
Abstract

The Court found that Defendant No. 1, the Nakhonsawan Inland Fisheries Research and Development Center, an affiliated governmental agency of the Department of Fisheries, acted in contrary to its public duty to improve fisheries resources and conserve water resources in a sustainable manner and in contrary to the principle of good governance by discharging waste water into Bueng Boraphet canal without undertaking any prior water treatment and without taking due consideration of the appropriateness of such action, which caused troubles and damage to the Plaintiff and people living nearby. The Court therefore decided that the defendant committed a wrongful act arising from negligence of duties stipulated in law. Since the Defendant No. 1 is an affiliated governmental agency of the Defendant No. 3, the Department of Fisheries, the Department must be liable for the wrongful act caused to the Plaintiff. The Court upheld the Administrative Court’s judgment prohibiting the defendants from discharging waste water into the canal without taking prior water treatment.

Full text
SAC A.204.2552.pdf
s52-0204-jt01.pdf