Article 44 farmland conversion faces court challenge

[webfact]

Article 44 farmland conversion faces court challenge
By The Nation

 

Political activist Srisuwan Junya

 

BANGKOK: -- Political activist Srisuwan Junya plans to challenge the constitutionality of using Article 44 of the provisional charter to turn government-managed farmland over to mining and other uses.

 

Srisuwan said he would ask the Constitutional Court to rule on the government’s decision to invoke Article 44 to switch land managed by the Agricultural Land Reform Office (ALRO) to use in mining and the generation of energy. 

 

Using the article to override existing legislation “violates” Prime Minister Prayut Chan-o-cha’s “promise”, since he has urged everyone to obey the law, Srisuwan said in a statement issued on Wednesday.

 

He said its use to convert farmland would serve the interests of businesspeople rather than the common good.

 

The Cabinet on Tuesday endorsed the use of Article 44 to allow petroleum exploration, renewable energy generation and mining on ALRO land.

 

More than 3,600 rai (576 hectares) under ALRO control could be used for the production of fuel, windmills to generate electricity, and mining by companies with state contracts or concessions, Government Spokesman Lt-General Sansern Kaewkamnerd said. 

 

Civic groups had opposed the change in land use, noting that the land was earmarked for struggling farmers, not private businesses, and as such was protected by a Supreme Administrative Court ruling.

 

Source: http://www.nationmultimedia.com/news/national/30318677

 

-- © Copyright The Nation 2017-06-21

[Srikcir]

19 hours ago, webfact said:

ask the Constitutional Court to rule on the government’s decision to invoke Article 44 to switch land managed by the Agricultural Land Reform Office (ALRO) to use in mining and the generation of energy. 

The Constitutional Court has already ruled that Article 44 of the Interim Constitution is legal by its mere presence in the constitution that was legalized by the monarchy. Use of Article 44 by the NCPO is further allowed in the 2017 Constitution under Article 265 that was also legalized by the monarchy. Therefore, I expect the Constitutional Court will decline to hear the petition.