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Department of Highways Neglects its Official Duty to Build or Correct A Drainage Passing A Highway

According to Section 32 of the Highways Act, B.E. 2535 (1992), the Defendant has the power to, as necessary, build or correct a drainage passing a highway, or build or correct a drainage from a highway, to deviate water to a nearby public water source. Therefore, in the case where there was a damage owning to the construction of the huge drainage tunnels under Highway No. 33 in order to drain water through such tunnels from the mountain range to the Plaintiffs' land, the Defendant had to solve such problem by performing the duty in compliance with the above-mentioned provision. Despite the fact that the Defendant solved the problem by many means, such as digging a path to enable the water flowing out in parallel with Highway No. 33, the alleviations of such grievance or injury for the Plaintiffs were not adequate. The Plaintiffs were still damaged owning to the drainage of water through the tunnels flowing to their land. Thus, it was deemed that the Defendant did not build or correct a drainage passing a highway pursuant to Section 32 of the said Act. This case was considered that the Defendant committed a wrongful act arising from the neglect of official duties required by the law to perform; the Defendant therefore was required to provide the redress of the grievance or injury for the Plaintiffs by building or correcting a drainage passing a highway so as to prevent the damage upon the Plaintiffs' land.

Academic_031022_153807.pdf (64.68B)

ปรับปรุงข้อมูลเมื่อ : 3 ต.ค. 2565

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