Khao Kradong dispute heats up

Bangkok Post

4 days ago

The long-running dispute over land titles at Khao Kradong in Buri Ram's Muang district has reached a critical juncture, with the Pheu Thai Party expressing its confidence the Department of Lands (DoL) won't face legal complications for revoking land titles in the contested area.
Citing court rulings affirming the State Railway of Thailand's (SRT) ownership of the land, Pheu Thai claims there is a clear legal mandate that underpins the move. However, the opposition Bhumjaithai Party is against it, warning that over 900 title owners are preparing lawsuits against Interior Ministry officials for negligence in duty.
The disputed land in Khao Kradong, located in Buri Ram's Muang district, was designated as a reserved railway zone by the government during the reign of King Rama V, under a 1919 Royal Decree for the construction of the Lower Northeastern Railway line connecting Nakhon Ratchasima to Ubon Ratchathani.
The SRT says it inherited the right to possess and utilise this land, but its claim has been disputed for decades. In fact, the land, which spans over 5,083 rai, has been subdivided over the years into 995 titles, which are now held by individuals and private entities.
SRT presents evidence dating back to 1919 when the Royal Railway Department began surveying the railway route under the decree. Multiple Supreme Court rulings, including judgements passed in 2017, 2018, and the Court of Appeal decision in 2020, confirm the land belongs to the railway agency.
Dept opposes revocation
Despite the court rulings, the DoL, under the Interior Ministry, in 2024 affirmed a unanimous committee decision under Section 61 of the Land Code not to revoke land titles in Khao Kradong. It cited the lack of conclusive evidence proving SRT ownership and effectively told the SRT to reassert its ownership through judicial processes.
With Pheu Thai now in full control of the Interior and Transport ministries, the government stance has shifted.
Acting Prime Minister and Interior Minister Phumtham Wechayachai, alongside Deputy Interior Minister Dech-it Khawthong, launched a new investigation into the dispute.
The inquiry found the DoL had previously conducted a joint boundary inspection with the SRT in 2024, concluding the disputed area was indeed within SRT territory. The investigation committee also ruled the director-general of the DoL has full legal authority to revoke the titles.
Based on these findings, the Interior Ministry announced it would begin revoking the land titles on from Aug 2, reigniting public attention on the long-standing Khao Kradong land dispute and whether the land will ultimately be restored to the SRT.
Sutin Klungsang, a Pheu Thai list-MP, said revocation of land title deeds in the Khao Kradong area should pose no legal difficulty.
"The court has already ruled [on the matter], so it is now simply the responsibility of the Department of Lands to issue the revocation order," he said.
He said if ministers issue firm instructions and officials follow them, there should be no grounds for further legal challenge.
"This process is based on a court order, which clearly declares the land belongs to the SRT.
"If this were a case where no court ruling had been issued, and the DoL acted solely on its own authority, then there might be grounds for a legal challenge. But in this case, the procedure follows the judicial ruling, so there should be no issue," he said.
'No political motives'
When asked about the growing speculation over the political motives behind the Khao Kradong land title revocations, Mr Sutin said such views "are to be expected".
"It's understandable that some see this as political retaliation against the Buri Ram power base [Bhumjaithai's political stronghold] -- especially when there are ongoing disputes between groups.
"We can't stop people from thinking that way. But I assure you, we are proceeding strictly in accordance with the facts and within the framework of the law," Mr Sutin said.
"If we fail to act, it could lead to criticism or legal consequences for the ministers involved," he added.
Mr Sutin went on to suggest a possible way forward for private entities who have already developed or used the land -- for instance, by building sports facilities.
Now the land is confirmed as belonging to the SRT, he said, leasing arrangements could be explored.
"If the SRT allows leasing in certain areas, then it's legally possible for private parties to apply.
"But this depends on the SRT's regulations -- not all land can be leased. Where permitted, private entities could formally request lease agreements," he said.
BJT 'sceptical'
Sanong Thepaksornnarong, a Bhumjaithai MP for Buri Ram, expressed scepticism about the possibility of revoking the land titles in the Khao Kradong area.
"Up to now, I do not believe the revocation of land titles in Khao Kradong can be carried out," he said.
"The previous director-general of the Department of Lands filed a petition with the Supreme Administrative Court, which then ordered the director-general to set up a committee. This committee has submitted its conclusions to the court."
He added the SRT itself lacks boundary markers to verify ownership. "It is impossible to properly survey the boundaries," he said.
"I want Mr Phumtham to go and seize the land himself. I dare him. Over 900 residents are preparing to sue him for dereliction of duty under Section 157 of the Criminal Code. If he can seize Khao Kradong land, then he must also seize the Alpine Golf Course."
Many believe the Khao Kradong issue is a clash between Pheu Thai and the BJT.
In January, former deputy interior minister Chada Thaiseth from Bhumjaithai signed an order to revoke the Shinawatra family's ownership of the Alpine Golf and Sports Club and an adjacent residential complex in Klong Luang district of Pathum Thani.
Next steps
SRT governor Veeris Ammarapala said the SRT's next steps will depend on instructions from the new DoL director-general or an acting official, as they have to direct the Buri Ram provincial land office to execute the Central Administrative Court's order to revoke the titles, which aligns with the Supreme Court's ruling.
He said the Ministry of Interior confirmed that in 2024, the DoL and the SRT jointly surveyed the boundaries, establishing a clear demarcation.
Therefore, under Section 61 of the Land Code, the DoL has the power to revoke the Khao Kradong land titles.
The SRT will closely monitor the progress of the process, he said.
Regarding current occupants within the disputed area, Mr Veeris said the SRT plans to negotiate with residents and land users to determine whether they prefer to relocate or enter into a leasing agreement under SRT regulations.
To alleviate the hardship on affected residents, the SRT is prepared to offer land leasing options, with the aim of minimising the impact of the revocations, he said.
Jade Donavanik, a legal scholar, said the dispute won't be resolved if the SRT can't clearly establish that the land in question belongs to the SRT.
"This is a critical starting point," he said. "If the evidence confirms that the land belongs to the SRT, the next question is which map should be considered authoritative.
"There are numerous maps, so it must be decided whether to use one specific map or to compile and compare all existing maps -- including those dating back to the reign of King Rama V when the railway land was first granted.
"It is essential to determine when boundaries were first delineated, which maps show these lines, and whether the various maps align or differ.
"If one map can be identified as the definitive reference, it should be used as the standard. If no single map suffices, a compilation must be made to establish a baseline," he said.