Legal perspective: Khao Kradong Land – national asset or private property?"

Upon completion of the survey, the information was submitted to the investigative committee for review.

On October 22, Pornpoj Penpas, Director-General of the Department of Lands, issued a letter stating that the investigative committee had unanimously resolved not to revoke or amend the land title deeds for SRT property in the Khao Kradong area, as the SRT had failed to provide conclusive evidence proving ownership of the disputed land.

This issue dates back to 1999-2005, when the SRT sought the revocation of land titles in the Khao Kradong area, which had been designated as SRT land since 1922, under a Royal Decree for land acquisition to construct the Northeastern railway line.

However, opposition from local residents persisted, culminating in a 2014 ruling by the Buriram Provincial Court, which dismissed a lawsuit filed by 35 residents against the SRT and the Department of Lands, seeking title deeds. 

The Supreme Court also upheld the ruling in 2018, affirming the land as SRT property.

The SRT later conducted a survey in the Khao Kradong area, finding that local residents had built homes, and parts of the land had been converted into a football field and racetrack. 

Additionally, the Department of Lands had granted rights to both individuals and agencies over 4,150 rai of the 5,083 rai of SRT land in the Khao Kradong area, Despite judicial rulings affirming the SRT’s ownership, the SRT requested that the Department of Lands investigate and correct the situation.

In 2023, the Central Administrative Court ordered the Director-General of the Department of Lands to establish an investigative committee to revoke 772 land title deeds overlapping SRT’s land in Khao Kradong within 15 days. However, lawyers for the Chidchob family submitted opposing evidence, arguing that the SRT’s claims were entirely false.

On October 22, 2024, the investigative committee decided not to revoke the 5,000 rai of land title deeds in Khao Kradong, citing a lack of definitive evidence from the SRT proving ownership. 

The committee suggested that if the SRT believed it had stronger ownership rights, it should pursue the matter in court.

Natthawut Wongniam, a prominent public law expert, commented on the issue, explaining that the committee's decision not to revoke these rights was merely a recommendation and an administrative order that impacts the legal status of the SRT's rights but is not final.

If the SRT believes the committee’s decision is unlawful, it retains the right to file a lawsuit with the Administrative Court within 90 days of notification of the decision. If no lawsuit is filed, the process of requesting the revocation of rights over SRT land will be concluded.

In the Khao Kradong case, based on the rulings of the Supreme Court and the Court of Appeals, it has been clearly determined that the land shown in the State Railway’s boundary map for the Nakhon Ratchasima to Ubon Ratchathani line, in Khao Kradong Subdistrict, is part of the Royal Decree defining the railway construction boundary from Nakhon Ratchasima to Ubon Ratchathani, dated November 8, 1919. As the State Railway utilized this land to construct the railway for transporting stone from the Khao Kradong area, this land is therefore considered property of the State Railway of Thailand."

The land near the Khao Kradong junction is thus state land. The Department of Lands is obligated to protect it according to the 2014 Ministry of Interior regulations.

In response to the Supreme Court’s ruling, the SRT cited the decision as grounds for requesting the Director-General of the Department of Lands to revoke land title documents issued over SRT land in Khao Kradong, totaling 995 plots.

Given the Department of Lands’ duty to safeguard state land, the Central Administrative Court determined that the Department of Lands and the Director-General had failed in their duty, and both partieswere instructed to establish a fact-finding committee to review the SRT’s claims and determine whether the issued land rights overlapped with SRT land.

This ruling led to the creation of the Khao Kradong Land Investigation Committee, which ultimately decided not to revoke the titles, citing ambiguities in the documents. The Director-General complied with the court’s ruling by forming the investigative committee, resulting in a new administrative order.

The committee’s resolution effectively shifts the burden of proof for land rights onto the SRT. This is because the revocation of land beyond the scope of the Supreme Court’s ruling has not been fully verified, the maps attached to the Royal Decree on Land Procurement lack clear confirmation. This approach allows the investigative committee discretion, creating a new administrative order that does not contradict the Supreme Court or the Central Administrative Court rulings. Neither ruling explicitly mandated revocation but rather called for the establishment of an investigative committee. This opens the possibility of restarting the land rights verification process from scratch.

This essentially delays the original case while creating grounds for a new one. It also provides a legal buffer to protect the Director-General and relevant land officials from criminal prosecution, as they can claim compliance with the Central Administrative Court’s order. 

However, the committee’s decision not to revoke land rights results in a new administrative order, leaving the revocation of land rights incomplete.

Considering the issue of strategy, this matter highlights a weakness of the SRT. The court ruling stated that the SRT must clarify whether the land boundary map in the Khao Kradong area is included as an annex in the Royal Decree on the acquisition of land and other real estate for the construction of the Northeastern railway line on November 27, 1922.

The SRT responded that there was no such map annexed to the Royal Decree, only a map showing the railway land boundary in the Khao Kradong area, which was submitted as evidence in a lawsuit at the Buriram Provincial Court. 

Thus, the Director-General of the Department of Lands cited the “map annex to the Royal Decree dated November 27, 1922” to justify the committee’s decision, allowing them to apply discretion under administrative law. 

" This tactic delays the revocation process and would require initiating a new legal case, as civil rulings apply only to involved parties and not to other parcels of land. This delay extends the duration for which allies of influential figures in the Ministry of Interior can continue benefiting from SRT land at Khao Kradong, for a prolonged period," Natthawut concluded.