Bangkok, August 9 - Another side of the truth from the #save? Thap Lan issue was revealed. In mid-2023, the Central Administrative Court dismissed the petition filed by 'Chaiwat' against the National Parks and Wildlife Service Commission (NPSSC) and the Cabinet regarding the approval of the adjustment of the Thap Lan National Park boundary according to the One Map using the 2000 survey lines, which led to the Cabinet approving and ordering the National Parks Department to adjust the boundary by cutting off 260,000 rai of land. The Court ruled that the NPS acted in accordance with the government's policy of reducing inequality in land ownership by allocating land to farmers and the poor. Mr. Chaiwat Limlikit-aksorn, Director of the National Park Office, Department of National Parks, Wildlife and Plant Conservation, was a plaintiff who filed a complaint with the Central Administrative Court. The defendants consisted of the National Land Policy Committee (NLPC) as the first defendant, the Office of the Nationa l Land Policy Committee (NLPC) as the second defendant, the Subcommittee on Land and Soil Management Policy, Guidelines and Measures as the third defendant, and the Cabinet as the fourth defendant. The complaint was filed after the Cabinet resolved on March 14, 2023 to approve the improvement of the boundary of Thap Lan National Park in accordance with the improvement of the integrated state land boundary map, scale 1: 4,000 (One Map), using the survey lines of 2000. There will be an area that is separated from the area announced as Thap Lan National Park in 2001 and then the Agricultural Land Reform Office (ALRO) will distribute it to farmers and the poor according to the Land Reform Act. According to the petition, the defendant's operations have caused damage to the government. The plaintiff therefore brought the case to the Administrative Court, requesting the court to issue a judgment or order to revoke the resolution of the first defendant and the second defendant, who were responsible for the first def endant's operations, in the 2/2566 meeting on March 10, 2566, which requested to use the boundary line of the Agricultural Land Reform Office (ALRO) by using the revised boundary survey line of 2543 to improve the One Map to resolve the problem of overlapping state land boundaries in national park areas. It also requested to revoke the resolution of the third defendant in the 1/2566 meeting on February 23, 2566, which approved the guidelines for using the revised boundary survey line of 2543 to improve the integrated state land boundary map, scale 1: 4,000 (One Map), in the case of the areas of Thap Lan National Park, Nakhon Ratchasima Province and Prachin Buri Province. and approved the operations in the area separated from the Tap Lan National Park area. The petitioner requests the revocation of the resolution of the 4th defendant at the meeting on March 14, 2023, which resolved to adhere to the boundary line of the Agricultural Land Reform Office by using the boundary survey adjustment line of 2000 to imp rove the integrated state land boundary map, scale 1: 4,000 (One Map), in the case of the area of ????Thap Lan National Park, Nakhon Ratchasima Province and Prachin Buri Province. At the same time, it is requested that the Central Administrative Court issue an order to suspend the enforcement of the boundary survey adjustment line of 2000 in the improvement of the One Map to solve the problem of overlapping state land boundaries in the area of ????Thap Lan National Park until the Administrative Court has a judgment. Including an order to protect the status of Tap Lan National Park and not to revoke the boundaries of Tap Lan National Park according to the map attached to the Royal Decree Determining the Area of ????Pa Wang Nam Khiao and Pa Khru Buri Forests in the areas of ??Sa Kae Rat Subdistrict, Wang Nam Khiao Subdistrict, Pak Thong Chai District, Tambon Khru Buri, Tambon Charoen Hin, Tambon Khok Krachai, Tambon Khru Buri District, and Tambon Sa Ta Khian, Tambon Non Sombun, Seing Sang District, Nakhon Ratch asima Province. and Kaeng Dinso Forest, Kaeng Yai Forest and Khao Saton Forest in the areas of Buphram Subdistrict, Thung Pho Subdistrict, Nadi District, Prachin Buri Province, were designated as a national park in 1981. The NLPC, the second defendant, explained that according to Section 10 (7) of the National Land Policy Committee Act B.E. 2562, the first defendant has the duty and authority to make recommendations to the fourth defendant to determine the guidelines for resolving the state land boundary issue and measures to assist those affected by the state land boundary designation. The first defendant has resolved to approve the guidelines for resolving the problem of the integrated state land boundary map, scale 1: 4,000 (One Map), in the area of ??Thap Lan National Park, which overlaps with the agricultural land reform area, and for resolving the people's hardships. The second defendant therefore exercised the authority under Section 10 (7) of the National Land Policy Committee Act to assign the secon d defendant to submit the matter to the fourth defendant. The second defendant therefore presented the results of the operation to revise the Thap Lan National Park boundary map. Ready to confirm that it is about resolving the problem of state land boundaries and measures to help those affected by the determination of state land boundaries, which is an important policy of the government as stated in the Prime Minister (General Prayut Chan-o-cha) policy statement to the parliament regarding the preparation of clear state land boundaries maps and expediting the resolution of overlapping land issues and unclear forest areas to reduce conflicts between citizens and state officials, along with the national strategy for creating opportunities and social equality, and is a cabinet resolution that is in the nature of administrative policy determination. It is a consideration and decision of the cabinet or government, which is the highest political organization in the executive branch, in order for government agencie s, departments, and state officials with related duties to proceed with various related matters according to their duties and powers correctly, in accordance with the law, regulations, and cabinet resolutions. However, it is not a determination of the policy and plan for land and soil resource management of the country of the defendant 1. In addition, the preparation of the country's land and soil resource management policy and plan must first hold a public hearing and participation before being presented to the 4th defendant for consideration, approval and announcement in the Government Gazette. After the 4th defendant has made such resolution, the Department of National Parks, Wildlife and Plant Conservation, the Royal Forest Department, the Agricultural Land Reform Office of Nakhon Ratchasima Province and Prachin Buri Province must jointly examine the area data of the unclear points within 3 months, using the Boundary Survey Improvement Line of 2000 to improve the integrated state land boundary map, scal e 1: 4,000 (One Map), in the area of ??Thap Lan National Park, Nakhon Ratchasima and Prachin Buri Provinces, and expedite the survey to create a clear buffer zone to maintain the integrity of the world heritage area and the condition of the forest area, including having the Department of National Parks, Wildlife and Plant Conservation and the Royal Forest Department hand over the areas separated from Thap Lan National Park to the Agricultural Land Reform Office to allocate land for people to live and farm according to the guidelines of the 1st defendant or according to the Agricultural Land Reform Act, as the case may be. The Central Administrative Court considered and stated that the facts show that the actions of the four defendants were in accordance with the government's policy as stated in the policy statement to the parliament by the Prime Minister (General Prayut Chan-o-cha) on improving the land use system and reducing inequality in land ownership by allocating land for use and housing to the poor an d farmers according to the principles of the first defendant, distributing land ownership rights to those in areas that are not encroached and having measures to prevent the transfer of ownership to non-farmers and the poor, creating a database system for land management, creating evidence of ownership of all types of state land, creating a map showing the boundaries of state land clearly, and expediting the resolution of the problem of overlapping land areas and unclear forest areas to reduce conflicts between the people and state officials. If such a policy is incorrect or has flaws in its implementation, the government must be politically responsible for such incorrectness or flaws. The plaintiff's claim in the complaint that the resolutions of the 1st, 3rd and 4th defendants, as well as the 2nd defendant's submission of the matter to the 4th defendant for consideration of the above resolution, were unlawful acts, were merely allegations regarding the implementation of government policies. Therefore, this case is not a dispute regarding the unlawful acts of an administrative agency or government official that falls under the jurisdiction of the Administrative Court. Therefore, the court cannot accept this complaint for consideration. Therefore, it has ordered not to accept this complaint for consideration and to dismiss the case from the list of cases. Since the court has issued such an order, there is no need to issue an order regarding the request for temporary measures before judgment and other requests of the plaintiff. Source: Thai News Agency