The Administrative Court will need to hear from the industrial sector and especially from non-government organisations about claims the flood barriers will cause serious social and environmental impacts before it rules on whether to order construction be suspended.
The attention of most industrialists and foreign investors will, from now, focus on the Administrative Court and whether it will order a halt to the construction of the flood barriers around 11 industrial estates in the Central Plain as sought by a non-government organisation.
The Stop Global Warming Association, led by Srisuwan Janya, on Tuesday lodged a petition with the court asking it to impose an injunction to suspend the construction of the flood barriers or dykes which it claimed will cause damage to the homes of villagers near the industrial estates. The NGO also claimed the concrete structures will cause serious social and environmental impacts and may alter the natural water flow paths.
An aerial view of factory buildings before floodwaters broke the barriers at Nava Nakhon Industrial Estate in Pathum Thani province on Oct 17, 2011. (Photo EPA)
In order to convince the court to do as it requests, the association will have to prove beyond doubt that the flood barriers will cause the kind of damage it claims.
But for the industrial estates and the factories inside them, which were badly flooded last year, it appears there will be no need for them to prove the damage they sustained from the flood and what they can expect if there are no flood barriers and another flood hits this year.
Hence the need to build flood barriers to prevent appears to be far more urgent and important than the social and environmental impacts that may be caused by the concrete structures as feared by the NGO. After all, what are the differing factors between saving the industrial estates and the factories and the flood barriers as a possible cause of social and environmental problems?
The flood barriers may not be the ideal solution to flooding problems but it appears to be a suitable one under the present circumstances when another flood is anticipated a few months from now. Also the flood barriers do not address a few other related problems such as what to do with workers who live outside the industrial estates in case of a major flood and how supplies can be sent to the factories inside the industrial estates?
Of course, the ideal solution is for the estates and the factories to be relocated elsewhere far safer and not located on the natural floodway as they are now. But this is a long-term solution.
Anyhow, the court case will provide a good opportunity for the two feuding parties to present their cases. In the end, it is the court that will make the judgement based on the best interests of the country.