คำแปลคำวินิจฉัยของศาลปกครองไทย

คำแปลคำวินิจฉัยของศาลปกครองไทย

The Royal Irrigation Department has appraised the estimate price of land to be expropriated and set the amount of money to be paid to the Plaintiff at the price of 100,000 baht per Rai for the land other than the land adjacent to Huai Mongkol - Huai Sai Ngam Road and the land adjacent to road, alley, or passage. The price was determined by overall location of most part of the land expropriated. Therefore, if any plot of land has a different location, acquisition or damage, the compensation to be paid for each land is different. The Plaintiff’s land is used in agriculture, even it is not adjacent to road, alley, or passage but when the whole plot of land is expropriated the Plaintiff would therefore be unable to use the land for agriculture. Moreover, the Plaintiff has to find another plot of land with similar conditions to use in agriculture thus, it can be considered that the Plaintiff has suffered substantial damage from the expropriation, even the estimate price of land was higher than the appraised value, but it was not in accordance with the damage that the Plaintiff received. The estimate price of land to be expropriated set by the Royal Irrigation Department is therefore unlawful, inappropriate, and unfair under Section 42 paragraph two of the Constitution of the Kingdom of Thailand, B.E. 2550, and Section 21 paragraph one (4) of the Immovable Property Expropriation Act, B.E. 2530. Thus, the appraisal of the price of land should be increased by 40 percent of the appraised price the Plaintiff received by increasing to 140,000 baht per Rai.
The Plaintiff, who had a residence and opened a clothing store on Chamroenwithi road, claimed that he was aggrieved by the Announcement of the Defendant Re Conditions and Rules for Allowing Vendors on Chamroenwithi Road, dated 12th August B.E. 2555 (2012), which permitted street vendors to cook food, sell or distribute goods on Chamroenwithi road from 6.00 to 24.00. Due to this Announcement, a noodle stall was set up in front of the Plaintiff’s store, which obscured the building and caused pollution. The Plaintiff therefore requested the Administrative Court to revoke said Announcement. The Supreme Administrative Court held that the Defendant stipulated the conditions for vendors to sell goods in specific areas from 6.00 to 24.00—morning shift from 6.00 to 15.30 and afternoon shift from 15.30 to 24.00. By setting the permitted time in this manner, vending was practically allowed all day. The time period that vending was prohibited was only from 00.01 to 05.59, which was the time when most people were resting at home, not going outside. As a result of such permission, street stalls were set up and obscured the front of the Plaintiff’s building as well as other commercial buildings along Chamroenwithi road for the whole day. This caused an undue burden and was neither a temporary nor appropriate permission under the Act on the Maintenance of the Cleanliness and Orderliness of the Country, B.E. 2535 (1992). Consequently, the Announcement of the Defendant Re Conditions and Rules for Allowing Vendors on Chamroenwithi Road, dated 12th August B.E. 2555 (2012), was unlawful and shall be revoked.
The Plaintiff claimed that the Defendant No.2 issued an order of the instatement of persons to the police service as Non-Commissioned Officer from candidates who had been selected and had passed the competitive examination for 460 persons, dated 25th September B.E. 2552 (2009). The Plaintiff was instated and appointed to the position of Squad Leader, Crowds Control Sub-Division 2, Protection and Crowds Control Division. Later, the Defendant No.2 issued an order terminating the Plaintiff from his police service due to the fact that he had a record of criminal offence on leading an assembly and gathering of persons relating to low paddy price issue. Therefore, the Plaintiff was considered as a person having bad behavior and lacking of good morals, which resulted in a disqualification as prescribed by Rule 2(2) of the Regulation of the Police Commission on Qualifications and Prohibited Characteristics for Being a Police Officer, B.E. 2547 (2004). The Plaintiff submitted an appeal letter to the Police Commission. The Police Commission had a decision that the order terminating the Plaintiff from police service was lawful. As a result, the Plaintiff filed a plaint with the Administrative Court to adjudicate or order the Defendant No. 1 to revoke the order, date 30th August B.E. 2553 (2010) amended on 11th May B.E. 2554 (2011), only in part of the termination from service. The Administrative Court of First Instance ordered a revocation of the said order. The Supreme Administrative Court affirmed.
According to Clause 6 (3) and Clause 7 of the Ministerial Regulation on the Criteria and Method for the Disbursement of Subsistence Allowance for Older Persons, B.E. 2552 (2009), an elder person who is about to reach sixty years of age in the next government’s fiscal year must apply for the old-age monthly allowance with the competent authorities in November every year in order to obtain such allowance. Since the Plaintiff claimed to apply for such aid during the unprescribed time yet he was unable to provide any evidence thereof, it can be deemed that the Plaintiff was not entitled to receive the allowance during the B.E. 2558 government’s fiscal year as he did not follow the stipulated procedure. After examining the Plaintiff’s petitions, the Defendant announced the additional eligibility list for monthly old-age allowance of the B.E. 2559 government’s fiscal year (1st October B.E. 2558 to 30th September B.E. 2559) with the Plaintiff’s name in the list even though he did not adhere to the procedure of the said Ministerial Regulation. The Plaintiff eventually acquired the allowance since October B.E. 2558 henceforward. Therefore, the Defendant did not neglect its official duties required by the law to be performed and did not commit a wrongful act pursuant to Section 420 of the Civil and Commercial Code. However, since the Defendant did not notify the Plaintiff about the amendment of the eligibility list, the Plaintiff still misunderstood that he had to take further legal actions to gain the monthly allowance. Consequently, the Defendant was liable to pay the compensation to the Plaintiff for the costs incurred from filing several petitions to the relevant authorities and filing a case with Administrative Court in the amount of 5,000 baht.

ข้อมูลทั้งหมด 101 รายการ
แสดงข้อมูล
รายการต่อหน้า
  • หน้า 1/11