Supreme Court Judgment No. 861/2540 País/Territorio Tailandia Tipo de la corte Nacional - corte superior Fecha Mar 6, 1997 Fuente UNEP, InforMEA Nombre del tribunal Supreme Court Sede de la corte Bangkok Número de referencia Decided Case No. 861/2540 Idioma Tailandés Materia Medio ambiente gen. Palabra clave Acceso-a-la-información Acceso-a-la-justicia Resumen The Plaintiffs claimed that the resolution of the Cabinet approving construction of buildings in the disputed area, which the Cabinet previously decided to reserve as a water catchment area and which was an important wetland which should be declared as a protected area, was unlawful and violated public rights of the Plaintiffs and people living nearby. The Court determined that the disputed area was not declared as a protected area and was not a public area. Therefore, the Plaintifs’ request that the area be established as a protected area was an exercise of rights which violated other persons’ rights and therefore was unenforcible. In addition, the Court found that the resolution was not in contrary to any legislation the Plaintiffs claimed. The Cabinet therefore exercised its discretionary power lawfully. The Court further determined that the public rights raised by the Plaintiffs were not rights which the Plaintiffs were specially injured which would give rise to the Plaintiffs’ standing to sue. The Court decided that the Plaintiffs had standing only for the claim that their rights were affected by the Revenue Department‘s denial of request for information without providing reasons. Texto completo SC 861.2540.pdf 072.pdf