Original language

Thai

Country
Thailand
Date of text
Status
Decided
Type of court
National - higher court
Sources
Court name
Supreme Administrative Court of Thailand
Seat of court
Bangkok
Reference number
Decided Case No. 6/2558
Tagging
Permits, Administrative
Free tags
Legal questions
Waste & hazardous substances
Abstract

The private landfill waste disposal site caused smell nuisance and contamination in drinking water of local peoples. Despite awareness of the fact, the authority failed to relieve nuisance and harm to health, and extended the permit. The case brought by local people comprised 2 substantive legal questions: (1) legality of permits, based on the failure to conduct EIA and public participation and the failure to comply with environmental and health standards; and (2) negligence of duty by the authority to relieve nuisance and harms to local population and environment. The court found in favor of the plaintiffs on both issues. The Ruling derived the duty of the private company to conduct an EIA from the permit conditions. However, in deciding that the permit was unlawful, the court primarily based its decision on its failure to comply with environmental and health standards.