After a long period of hesitation, the Prayut Chan-o-cha government finally made a crucial decision on the controversial housing project for judicial staff in Chiang Mai, and approved a 17.5 million-baht rehabilitation plan.
The funds will mainly be spent on repopulating forested areas that were cut down during the construction of the 30-unit housing project for judicial officials of the Region 5 Appeals Court, located at the foot of Doi Suthep mountain in Chiang Mai.
According to government spokesman Buddhipongse Punnakanta, the work will begin immediately.
The housing controversy emerged last year, about two months before the project was due to be completed in June, when activists launched a campaign that triggered a widespread debate.
Since then, the activists have remained vigilant, preventing the contractor from continuing its work.
Prime Minister Prayut Chan-o-cha assigned Suwaphan Tanyuvardhana, the premier's office minister, to lead efforts to resolve conflicts surrounding the housing project which drew fierce protests that finally saw the project relocated to a new spot in Chiang Rai.
In addition to the rehabilitation plan, the government also stipulated that no new tenants move into the houses, while demanding the current residents move out.
The decision is a defeat on the part of the judiciary, which has been adamant that it has followed the law in pursuing the one-billion-baht housing project, insisting that the area, though covered with heavy forest, is technically not classified as a forest reserve.
It is located on an 89-rai land plot given to the military by the Treasury Department for the construction.
But the civic groups said they have cooperated with the Chiang Mai military in keeping the area green until it was denuded for the housing.
Obviously, the lack of forest reserve classification creates legal loopholes that resulted in the shameful loss of forested area that has served as a buffer zone for Doi Suthep-Pui National Park and allows for the allocation of the state's budget to work on a problematic project that includes 45 houses and nine buildings.
Besides, a dubious process to bypass the environmental impact assessment (EIA) reports only caused public frustration that made the project seem illegitimate.
It's unfortunate that the judiciary, while maintaining legality in this case, forgets legitimacy.
In its desperate fight to keep the project, the Office of the Judiciary has ignored public sentiment.
Instead, it has filed defamation suits against two activists who led a campaign to reclaim the forested area.
The question is if the lawsuits, which aim to muzzle activists and weaken civic groups, are valid.
The government has to make another crucial decision: what to do with the abandoned project.
While civic groups have insisted the entire structure must be demolished, the government has hinted that it wants to keep the structure for other purposes.
This is because the government and the judiciary are afraid the contractor will sue if the project is demolished.
However, the area may not be safe to live in as it may be hit by mudslides during the monsoon seasons.
Putting aside the demolition issue, there is a question of accountability which both the government and the judiciary have so far avoided mentioning. The fact is that someone in the judicial line must be held accountable for the loss of one billion baht of the state budget for the abandoned and very likely demolished project. There should also be someone held accountable for the funds allocated for the relocation and new construction, as well as the 17.5 million baht for the forest rehabilitation, not to mention the cost of demolition if the structure is torn down.
It's necessary for the Office of Judiciary to accept its loss and drop the lawsuits against the civic leaders who have challenged its power to save the country's forest. The judiciary will only harm its reputation and dignity if it pursues the cases.