Original language

Thai

Country
Thailand
Date of text
Type of court
National - higher court
Reference number
14/2558
Tagging
Forests, Civil, Damages, Administrative
Abstract

The plaintiffs were the villagers, and the people’s network on natural resource conservation filed the lawsuit against the National Park Department for an unlawful act on the evaluation criteria. The National Park Department issued the guideline of civil compensation for the degradation of the forest and ecosystem under article 97 of the Enhancement and Conservation of National Environmental Quality Act B.E. 2535 (1992). The plaintiffs claimed that the evaluation criteria were unreasonable and unscientific measurements. Moreover, these evaluation criteria undermined the community right of the people who maintain their community forest.

The Supreme Court ruled that the evaluation criteria were not applied directly to the plaintiffs. The plaintiffs were not directly affected persons. Moreover, these criteria were not compulsory for the courts; instead, the Court's compensation would grant for the natural damages depended on the evidence presented to the courts. Therefore, the Court dismissed the case.