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Supreme Administrative Court Judgment No. A.241/2552

Country/Territory
Thailand
Type of court
National - higher court
Date
Oct 6, 2009
Source
UNEP, InforMEA
Court name
Supreme Administrative Court
Seat of court
Bangkok
Reference number
Decided Case No. A.241/2552
Language
Thai
Subject
Land & soil
Abstract

According to Land Excavation and Reclamation Act B.E. 2543, competent local officers have authority to order a land owner to cease excavation if they find that such action caused or may cause damage to properties of other persons or to the environment. The Court determined that the conduct of excavation by the Plaintiffs caused damage to shrimp and fish farming and to the consumtion and utilisation of freshwater resources. Although the Plaintiffs proposed and undertook preventive and remedial measures and the law provided legal measures for damages and compensation, such measures cannot remedy irreversible damage to the environment. The Court therefore found that the exercise of the Defendent‘s discretionary power to order the Plaintiffs to cease excavation was lawful.

Full text
SAC A.241.2552.pdf
1-2-52-241.pdf