Khao Kradong Land Officially Declared Government Property: Legal and Administrative Actions to Follow

Bangkok: The Ministry of Interior has announced the results of an investigation into the Khao Kradong land issue, concluding that the land officially belongs to the government. This announcement was made by Deputy Prime Minister and Minister of Interior, Mr. Phumtham Wechayachai, who is acting as Prime Minister, alongside Deputy Minister of Interior, Mr. Decha Isara Khaothong. They detailed the investigation into the Director-General of the Department of Lands' decision not to revoke the title deeds for the land in the Khao Kradong area, located in Isan Subdistrict and Samet Subdistrict, Mueang Buriram District, Buriram Province.

According to Thai News Agency, the investigation revealed that the land, covering over 5,000 rai, is confirmed by the Court of First Instance, the Court of Appeal, the Supreme Court, and a final judgment to belong to the State Railway of Thailand. Despite the Supreme Court's ruling, the Department of Lands initially ignored the decision, prompting a lawsuit by the State Railway of Thailand to enforce the revocation of the title deed through the Central Administrative Court. The court ruled that the title deed should be revoked, following the Supreme Court's decision, and mandated the establishment of a committee to clarify any boundary issues in collaboration with the State Railway of Thailand.

Mr. Decha-Isara explained that although a committee was formed to adhere to the Supreme Court's order, a boundary survey was not conducted, leading to the termination of the matter for various reasons. The Director-General of the Land Department's approval of this resolution raised questions among the Thai public about the department's compliance with the court's orders. Consequently, a new committee was formed to investigate the previous decisions, which concluded that proper procedures were not followed, rendering the Director-General's order invalid. A subsequent boundary survey in 2024 confirmed that the Director-General of the Land Department has the authority to revoke the Khao Kradong land title deed under Section 61, Paragraph 8 of the Land Code.

Mr. Cherdtha Mosikarat, Deputy Permanent Secretary of the Ministry of Interior, stated that the Supreme Court's judgment and other court rulings have definitively declared the disputed land as state land, owned by the State Railway of Thailand. The Department of Lands and its Director-General, being government entities, are obligated to comply with these judgments by revoking land title deeds and other land rights documents issued on state land.

Mr. Phumtham emphasized that despite the media's scrutiny and public complaints, the land's status as state property has been legally established, supported by a historical map granted by King Rama V and a 1922 royal decree. The central portion of the land, used for a football field and racetrack, is deemed unlawfully occupied by private individuals. Under Section 61 (8), the Land Department is set to revoke the land's title deeds starting tomorrow, officially reverting it to state ownership.

Concerning compensation for individuals who legally acquired land, Mr. Phumtham assured that due process and legal frameworks will guide the proceedings. He clarified that the land must be recognized as government property, and individuals have the right to seek legal recourse if necessary.

Addressing concerns of political motivations linked to recent administrative transfers, Mr. Phumtham dismissed any notions of retribution against political entities, affirming the actions are in accordance with court mandates. He reiterated the government's commitment to enforcing the law and restoring the land to state ownership.

In response to inquiries about appointing a new Director-General for the Land Department, Mr. Phumtham indicated that the process is underway and will be expedited while ensuring compliance with legal and administrative protocols. Regarding budget allocations for compensation, he stated that clarity on involved parties is needed before proceeding with legal actions under tort law.