NGOs and villagers living in Map Ta Phut and surrounding areas filed a lawsuit against National Environmental Committee and eight other administrative bodies and authorities for approving 76 industrial, transportation and energy projects and activities without going through appropriate procedure required under Article 67 second paragraph of the Constitution B.E. 2550.
The Supreme Administrative Court reaffirmed the Constitutional Court's judgment that rights and freedom enshrined under the Constitution B.E. 2550 shall be protected immediately as of the time the Constitution was promulgated, without requiring to await imposition of implementing legislation. Therefore, even though there was no implementing legislation to Article 67 second paragraph at the time, appropriate procedure as required under this Article must be carried out.
The Court took into account that to allow for further construction and operation of projects and activities at issue which included high pollution industries and which were approved without going through appropriate procedure required under Article 67 second paragraph of the Constitution B.E. 2550 may cause serious damage which would be difficult to remedy afterwards. The Court therefore found that there was sufficient ground to order that specified projects and activities that may cause serious affect to the communities be suspended until the Court rendered its judgment.
The case demonstrates the application of the preventive principle by the Court.