ศาลปกครอง

Legal Action Against Trespassers on the Public Domain

According to Section 122 paragraph one of Local Administration Act,
B.E. 2457 (1914), as amended by the Local Administration Act (No. 11), B.E. 2551 (2008),
the District Chief Officer and local administration organization shall be jointly
responsible for maintaining and protecting lands that are the public domain of the state
which the people use for their common benefit as well as anything else for public
benefit in the district area. Therefore, in cases where civilians had built structures that
encroached on public roads, it was the duty of the District Chief Officer and local
administration organization to take necessary action and ensure that all owners or
possessors of such constructions removed them from the roads. If the District Chief Officer
or local administration organization had issued orders to some owners or possessors of
buildings to demolish and remove their buildings from a public road but failed to take
similar action against other citizens that their buildings also intruded upon the same road,
it would be considered that the District Chief Officer and local administration organization
had neglected their duties to care for and maintain the public road.