Khao kradong: "Kaewsan" advises honest villagers to protect their land rights in Khao Kradong. Kaewsan invoked the Administrative Procedure Act, Sections 51-52, to oppose the revocation of Khao Kradong land, stating that honest villagers can exercise their rights if they are violated by the Land Department and the State Railway of Thailand. Mr. Kaewsan Atipothi, an independent legal scholar and former member of the Law Reform Commission, expressed his opinion regarding the Ministry of Interior's preparation to revoke 5,083 rai of land title deeds in Khao Kradong. He stated that, as a private citizen and not politically motivated, the Land Department lacks the authority to revoke the land titles as a whole, as the Supreme Court's decision is binding only on the 35 parties involved in the civil case between the State Railway of Thailand (SRT) and the public.
According to Thai News Agency, Mr. Kaewsan stated that before the Land Department takes any action, it must be given an opportunity to clarify the facts, including maps, documents, and evidence claimed by each side, as there is currently no conclusion. It must be proven through legal procedures, allowing approximately 900 landholders to argue that the land does not belong to the State Railway of Thailand.
Mr. Kaewsan stated that the government has never prioritized the rights of villagers who have honestly acquired their land. Various agencies often act like "noblemen" who fail to protect the rights of the people because they "do not respect the people." Therefore, if the Land Department has not taken any action, it will simply be a matter of threats. However, if an order is issued to revoke the title deeds of villagers who have honestly acquired their land, citizens can exercise their rights under Sections 51 and 52 of the Administrative Procedure Act of 1996 to protect their rights, especially if government agencies cannot clearly demonstrate the necessity for land use. Furthermore, they may be entitled to compensation for damages, either monetary or other forms as prescribed by law.
Mr. Kaewsan stated that the State Railway of Thailand (SRT) has never been protective of the land, consistently allowing residents to utilize it. So why is it only now becoming protective of it, even though it has yet to clarify what purpose the land will be used for, other than claiming it is its own land?
"If the people have obtained their rights honestly and the State Railway of Thailand has no urgent need to use the land, the Land Department cannot revoke the title deeds. This not only violates the rights of the villagers, it also undermines legal principles and undermines confidence in the land title deed system in Thailand," stated Mr. Kaewsan.