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ข้อมูลกฎหมาย/กฎ คำพิพากษา คำสั่งของศาลปกครองสูงสุดในรูปแบบดิจิทัล
Building Repairs within the Area of Historical Site
Building Repairs within the Area of Historical Site

The Plaintiff was an owner of a land located within the area of historical site, “Roi Et ditches and walls.” The Director of the 10th Regional Office of Fine Arts notified the Plaintiff that she failed to comply with the requirement specified by the law since she had demolished buildings on her land to construct new buildings and ordered the Plaintiff to immediately suspend the construction and tear down the buildings. The Defendant considered the Plaintiff’s appeal and decided that she shall demolish and remove her buildings and clear a construction site. The Plaintiff argued that the order was unlawfully issued so she filed a case with the Administrative Court. The Supreme Administrative Court held that the Plaintiff’s land located within the area of historical site was considered as a historical site. However, her four buildings were constructed before the Plaintiff’s land was determined as a historical site and those buildings were not or parts of a historical site. Thus, the Plaintiff was able to repair them without permission of the Defendant or the 10th Regional Office of Fine Arts pursuant to the Act on Ancient Monuments, Antiques, Objects of Art and National Museums. Moreover, the Plaintiff merely repaired the buildings not construct new buildings. The Defendant did not have power under the said Act to order the Plaintiff to demolish and remove her buildings and clear a construction site. Therefore, the Plaintiff’s decision was unlawfully issued. The Supreme Administrative Court affirmed the decision of the Administrative Court of First Instance to revoke the order issued by the Defendant in effect retrospectively on the day the order was issued.







ปรับปรุงข้อมูลเมื่อ : 29 ธ.ค. 2564, 10:27 น. | กลับขึ้นด้านบน |