A ruling by Chiang Mai's administrative court dismissing a controversial case involving houses and residential buildings for judicial staff draws to a close a long-standing forest conflict in the northern province.
In 2018 a civic network rallied against the housing project, proposed by the Administrative Court Region 5 in Chiang Mai, that stretched over 147 rai of land at the foot of Doi Suthep mountain. The one-billion-baht project comprises 45 detached houses and nine flats. The project was nearly completed when activists began their protest. Such a challenge to the judicial institution is rare, yet sight of such a major construction within forest cover caused substantial public anger.
The conservationists alleged that a number of large perennial trees were felled to make way for the construction. They also contended part of the land overlapped with the Doi Suthep Forest Reserve.
As anger grew, the then-junta laid down an order instructing the Office of the Judiciary to move to the adjacent province of Chiang Rai; the Chiang Mai site has remained abandoned since. In April this year, the Office of the Judiciary handed over the land to the Treasury Department amid renewed protests by conservationists who demanded all the buildings be dismantled.
The latest ruling, made on July 27, says the land belongs to the Treasury Department and that permission granted to the Office of the Judiciary for its use proceeded in accordance with the law.
Despite its forested setting the land parcel is not part of Doi Suthep Forest Reserve, said the court, nor is it part of Doi Suthep-Pui National Park. The court also ruled that because the Ministry of Science, Technology and Environment -- now the Ministry of Natural Resources and Environment -- classified the land under watershed categories 2, 3 and 4, it can be developed without environmental impact assessment (EIA) studies as previously demanded by the conservationists.
The Administrative Court did recognise, however, that the land in question has aspects similar to a forest. Yet there is no indication the land boundary had been re-examined by any agencies.
Despite the court's judgement, and with the site now returned to the Treasury Department, the fate of the abandoned buildings remains unknown. Will they be dismantled? Or just abandoned? Besides that, what will become of the one-billion-baht budget allocated to project?
The case suggests a not-seeing-the-forest-for-the-trees view of reality, in this case with land as the factor. The area is nominally a forest, but state documents regard it as a "plot of land".
Additional complicating factors include exemptions allowing state development agencies like the Irrigation Department to build dams or reservoirs in forest-reserve and watershed areas. While state agencies have legitimate claims and rights, these can conflict with those of villagers and ethnic minority groups if their ancestral lands are designated as forest reserves or national parks. Several thousands of people have resided in these areas for generations, long before any government designation, yet the residents' legal status has sometimes led to forced relocation. Many residents have been arrested and fined.
Among communities deprived of ancestral rights are ethnic Karen in Bang Kloi in Kaeng Krachan National Park in Phetchaburi, now a world heritage site. All Karen have been evicted from the land.
The state must review its forest policy, correct forest classifications, and ensure forest justice for all.
