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.
