Thai
The Plaintiff claimed that the Ministrial Regulation issued under the National Reserved Forest Act B.E. 2507 declaring the forest land he had possessed and utilised as National Reserved Forest was unlawful.
The Court determined that the procedure in issuing the regulation was in accordance with the National Resered Forest Act. Although the Plaintiff had de facto possessed and utilised the land pior to the issuance of the regulation, it was not found that the Plaintiff had any land rights document over the land, which was an evidence of a legitimate right of possession. The land at issue was therefore land which nobody acquired by law. The defendents therefore had the power under the Act to declare the land as National Reserved Forest. The Ministrial Regulation was as a result lawful.
The Court dismissed the case.
In this case, although the case was filed after the stipulated period of prescription, the Court concerned that the adjudication of the case would set rules which would benefit the public and administration. The Court therefore accepted the case on the basis of protection of public interest.