Legal avenue regarding land dispute at Khao Kradong proposed

MONDAY, NOVEMBER 18, 2024

Key document in effect acknowledges that the land belongs to the SRT and is a public asset, lawyer says

Nuth Wongniam, a public-law expert, has highlighted a legal avenue regarding the land dispute at Khao Kradong, Buriram province. He says the State Railway of Thailand (SRT) could present documentation to confirm ownership of the land to the director general of the Department of Lands after an investigative committee decided not to revoke the land-title deed issued over SRT land.

The key document is a record of a meeting dated November 9, 1970, concerning the Khao Kradong land dispute. This meeting involved Chai Chidchob and SRT officials, with a note stating that Chai requested permission to reside on the land of SRT, which was granted. The agreement also mentioned that a formal contract for residence would be prepared subsequently.

Legal avenue regarding land dispute at Khao Kradong proposed

"This effectively acknowledges that the land belongs to the SRT and is a public asset,” Nuth said. “How can it be appropriated as private property? Upon reviewing the issuance of land titles for 5,083 rai, it is evident that these titles were granted over land owned by the SRT, even though the political family only holds and resides on approximately 300 rai.” 

Moreover, upon examining the content of the investigative committee's resolution regarding the Khao Kradong land, it aligns closely with the arguments used to oppose the claim of land ownership by the prominent political family. 

The legal arguments presented by the legal team representing this political family in Buriram province, and others involved, matched almost entirely with the committee's resolution to "dismiss the case and not revoke the Department of Lands-issued land titles". This raises questions about the committee's neutrality, as the unanimous decision to dismiss the case appears suspicious.

The Khao Kradong dispute involves 5,083 rai (813.28 hectares) of land in Buriram’s Khao Kradong area, which the Supreme Court said in a 2021 ruling belongs to the SRT.

However, the Department of Land issued title deeds on the land.  

Later, the Central Administrative Court also ruled in favour of the SRT, telling both sides to work together to set boundaries on the plots.

In response, the department set up a committee to study the issue under Article 61 of the Land Code, and the committee decided not to revoke the title deeds because the SRT lacked evidence to confirm the boundary of the area.

Legal avenue regarding land dispute at Khao Kradong proposed