Court hits developer in island battle
The Appeal Court has ordered a resort developer to return a large block of land on Koh Poda in Krabi to the Department of National Parks, Wildlife and Plant Conservation.
The department has been locked in a dispute with Chuan Pukaoluan, 82, for several years over ownership of 77 rai of land on the island, which lies off the coast of Muang district.
In 1985, the department sued Mr Chuan, claiming his Nor Sor 3 Kor land documents were issued illegally.
Supreme Court ruled against him in 2011 and told him to vacate the land plot. However, in 2015 he sued the department in the provincial court for encroaching on the land that he claimed to have owned since 1952 using another document. The Krabi Court ruled in July last year in his favour, forcing the agency to remove all structures from the island, but did not award him the 3 million baht in damages he claimed.
The department appealed against the judgement in the Civil Court.
Director-general Thanya Nethithammakul said yesterday the Appeal Court on Thursday reversed the Krabi Court’s ruling and ordered Mr Chuan to return the land to the agency and pay the department’s legal costs of 500,000 baht, plus 400,000 baht in court fees.
Mr Thanya praised the work of all agencies involved in the successful appeal, which included the Department of Special Investigation and Department of Agriculture.
Aerial pictures of the disputed land and scientific proof of the age of the coconut trees planted in the area were among evidence used to dispute Mr Chuan’s claim of ownership, he said, without going into further detail. Mr Chuan is a former mayor of Krabi municipality and built a resort on the island, famous for its snorkeling sites and beautiful beaches. The department has consistently argued that the land is part of Nopparat Tara-Mu Koh Phi Phi National Park.
In May, Mr Chuan was sentenced by the Appeal Court to three years and sixmonth jail term for the encroachment of 22 rai of land on the same island. He has been released on bail.