The Plaintiff, Asia Industrial Estate Co., Ltd., claimed that parts of the measures to prevent and mitigate environmental impacts in the approved environmental impact assessment (EIA) report violated its rights and that therefore the Office of Natural Resources and Environmental Policy and Planning and the members of the committee of experts’ decision not to approve the Plaintiff’s request for amending such measures was unlawful.
The Court determined that the EIA had been conducted in accordance with the procedure required by law. The measures imposed were in order to fulfill the objectives of environmental enhancement and conservation and were not inconsistent to any regulation the Plaintiffs claimed. The decision of the respondents not to approve the Plaintiff’s request was therefore a lawful exercise of discretionary power for the benefits of environmental enhancement and conservation.
The Court further determined that since the Plaintiff entered into a contract for sale of land prior to the approval of the EIA and prior to receiving the permission from Industrial Estate Authority of Thailand which were against the law, the fact that the Plaintiff could not fulfill its contractual obligation due to restrictions by the measures at issue was therefore not the result of the defendents’ exercise of discretionary power.
The Court therefore upheld the Administrative Court’s decision to dismiss the case.