The Central Administrative Court ruled Monday that the Department of National Parks, Wildlife and Plant Conservation was within its rights to burn down a Karen villager's illegal shelter in Kaeng Krachan National Park in Petchaburi in 2011.
However, the court ordered the department to pay the villager 10,000 baht in compensation for the contents of the shelter which were also burned in the incident in Huai Mae Priang sub-district of Kaeng Krachan district.
Nor Aee, 40, filed a complaint with the Central Administrative Court in 2012, accusing the Department of National Parks, Wildlife and Plant Conservation and the Ministry of Natural Resources and Environment of violating his rights.
He said forest officials set fire to his shack located in the forest after saying he had encroached in a protected forest zone. He had demanded one million baht in compensation.
The court ruled that under Section 22 of the 1961 National Park Act, officials had the authority to remove any structure built inside the park.
Burning the shack was an acceptable measure to prevent further encroachment since materials left there could be used to build a new one. Forest officials had also warned Nor Aee before action was taken, the court said.
But the officials should have removed his belongings from the shack before burning it down and returned them to the owner later, the court said.
"The court found the department officials guilty of destroying the plaintiff's assets in a fire. The department needs to pay 5,000 baht for kitchenware and 5,000 baht for personal items lost. Payment must be made within 30 days," the court said.
Multiple photos have documented the tactic to force Karen from the Kaeng Krachan National Park - now declared legal by the Central Administrative Court.
The court dismissed all other charges brought by Nor Aee against forest officials, ruling he violated the law by encroaching on a protected zone in a fertile forest area.
There was no evidence of a local community existing in the area as was claimed. Moreover, in 1996 authorities had allocated land to Nor Aee for a house and to cultivate but this land was not where the shack was located, the judge ruled.
The court said a 2000 cabinet resolution to protect the traditions of minority groups did not grant the right to violate forest law, even though Nor Aee claimed slash-and-burn farming in forests was part of Karen culture. Thanu Ackchote, the Karen villager's lawyer, said he would appeal against the ruling, and insisted his client had no land for farming.
Chaiwat Limlikhitaksorn, the department's former chief who led the raid, said the ruling had exonerated the department which was accused of using excessive force by NGOs and human right activists.
"It is clear the officials were not wrong to protect and preserve the forest," Mr Chaiwat said. He said the department might also appeal since it may decide no compensation should be paid to Nor Aee since he was guilty of encroaching in the forest.
Meanwhile, the Public Sector Anti-Corruption Commission (PACC) said it would establish a subcommittee to investigate Mr Chaiwat for his role in the 2011 torching in Kaeng Krachan National Park by next month.
PACC secretary-general, Prayong Preeyajit, said Monday officials are studying documents related to the case.
The PACC took up the case after 104-year-old Karen spiritual leader Ko-ee Mimee, Nor Aee's father, filed a separate charge against Mr Chaiwat for burning down the shack.