Bangkok: The State Railway of Thailand (SRT) has criticized the Director-General of the Land Department for not revoking the Khao Kradong land deed during a meeting of the House Committee on Administration. The SRT accused the Director-General of abusing his authority and failing to await the results of a survey of the land plots, which could serve as evidence in determining the boundary. The SRT insists that the railway map in question predates the expropriation law.
According to Thai News Agency, the House of Representatives Committee on Administration convened to address the Khao Kradong land boundary dispute in Mueang Buriram District, involving the Department of Lands and the SRT. Chaired by Mr. Krawee Prisananantakul, the meeting was attended by representatives from various governmental bodies, including the Interior Ministry and the Treasury Department.
Mr. Jenkit Chettawanich, Deputy Director-General of the Department of Lands, stated that the acquisition of railway land must adhere to the Railway Layout Act of 1921 and be supported by two royal decrees. These decrees should include a map published in the Royal Gazette, but an inspection revealed no such map, causing uncertainty about the land's boundaries.
Mr. Setthasin Lengboon, an attorney for the SRT, explained that the Royal Gazette includes only the text of the law, not the map itself. This discrepancy has led the Director-General of the Land Department to question the validity of the map used by the SRT, despite it being accepted by the court. The Director-General's skepticism stems from the map not being part of the Royal Gazette, reflecting a difference in perspective that considers technological limitations of the past.
A representative from the SRT elaborated on the historical context, noting that maps for railway construction were created during King Rama VI's reign, differing from the post-1932 Revolution standards. This historical method of mapping has led to differing interpretations of what constitutes a map appended to a Royal Decree.
The governor of the Railway case emphasized that maps created prior to legal enactments are integral to the law, even if absent from the Royal Gazette. He argued that these maps have historical precedence and are not arbitrary.
The meeting addressed a court ruling affirming the land's ownership by the SRT. A representative explained that while the Land Department was not a party to the court case, it was instructed to revoke the land deed. The Central Administrative Court's ruling binds government agencies, necessitating a committee under Section 61 of the Civil and Commercial Code to examine the railway boundary.
The Deputy Director-General of the Department of Lands stated that an investigative committee has been formed, as per the Central Administrative Court's order, to survey the SRT's land boundaries in collaboration with SRT officials.
Meanwhile, an SRT representative described the preparation of the R.W. 9 form and the dispute with the Buriram Provincial Land Office. The Director-General of the Land Department initially voted not to revoke the application due to insufficient documentation. Following an appeal by the SRT, which was deemed invalid, the SRT filed a lawsuit at the Administrative Court against the Director-General's premature decision, hoping to eventually use survey evidence to resolve the boundary issue.