Saturday 26 November 2011

Communities take flood battle to court Admin Court sets Tuesday to hear first flood case

Published: 25/11/2011

The prolonged flooding has not only pitched neighbourhood against neighbourhood, but now threatens to escalate into long-running court battles.

In what will be the first flood mismanagement legal challenge, the Administrative Court will on Tuesday hear the petition filed by a Nonthaburi resident who accused the government's Flood Relief Operations Command (Froc) and the Bangkok Metropolitan Administration (BMA) of mismanaging the flood crisis.

The environmental division of the Central Administrative Court has accepted the petition by Tossiri Poonnuan, a resident of Bang Bua Thong, Nonthaburi, and set the hearing for Nov 29 as a matter of urgency.

Mrs Tossiri, a leader of Nonthaburi residents who demanded the BMA open wide the sluice gates in connecting areas between Bangkok and Nonthaburi, filed the charge with the Administrative Court on Wednesday, Nov 23.



She said later that her petition sought a court injunction to deny the BMA the right to manage the sluice gates on canals between the two provinces without proper consultation and input from the people affected.

The BMA had earlier refused to open sluice gates in Khlong Maha Sawat canal to one metre, as requested by flood-hit Nonthaburi residents, limiting the gap to only 75 cm

In addition, the Nonthaburi people sought a court order suspending the government operation to salvage Highway 340 and a section of the Kanchanaphisek outer ring road until it has clear measures in place to ensure that it will not worsen the hardship already faced by flooded local residents.

Mrs Tossiri accused Froc and the BMA of issuing an irresponsible order to drain flooded Highway 340 (Bang Bua Thong-Suphan Buri) and a section of Kanchanaphisek Road so that they could serve as an alternative route if the main link between the capital and the south -Rama II Road -- was flooded.

She argued that the attempt the keep the road dry while the BMA also kept its canal sluice gates shut resulted in the prolonging of the flood in Nonthaburi areas.

Mrs Tossiri asked the Administrative Court to order the government to halt the salvation of Route 340 and Kanchanaphisek Road and the BMA to stop reinforcing sandbag walls along Khlong Maha Sawat.

In response, Bangkok Governor Sukhumbhand Paribatra said he was not worried about the court case. He said there is good reasoning behind everything the BMA has done in managing the drainage problem. City Hall was ready to explain it all to the public.

MR Sukhumbhand also said that the BMA had followed the instructions given by the prime minister in its flood crisis management.

The governor on Friday ordered the Sewerage and Drainage Department and chiefs of Thawi Wattana, Nong Khaem and Phasi Charoen districts to assess the impact of the opening of three sluice gates on Khlong Maha Sawat, bordering Nonthaburi province on communities in their areas.

Wasant Meewong, spokesman for the Bangkok Metropolitan Administration, said the opening of Khlong Khunsri Burirak, Khlong Kwai and Khlong Soi sluice gates as requested by the flooded residents in Nonthaburi could worsen the flood situation to the west if there was a high sea tide raising the level of the river.

The BMA had previously managed to drain floodwater from most of the westeren area, but the opening of the three gates had raised the water level by 5-10 centimetres in areas of Sala Thammasop sub-district and Thawi Watthana, he added.

On the north side, Ram Intra residents blocked Ram Intra 5 road briefly on Friday, demanding that the BMA drain the water from their areas within 7 days.

A group of people who live in Rama Intra sois 1 to 39 brought a six-wheel truck to block traffic on Ram Intra 5 road at noon but later agreed to open the road and join a discussion with the chief of Bang Khen district.

The residents forwarded a petition to Watcharaporn Kawayapanik, director of Bang Khen district office.

In it, they said the plan by the BMA to use Bang Khen district as a water retention area for run-off from the upper districts of Saphan Mai and Sai Mai has caused them much distress, as it will make the flood in the Ram Intra area last longer.

The residents demanded that the BMA start draining floodwater out of the Ram Intra areas within seven days. If the water does not recede to their satisfaction, they will gather again to protest.

Earlier today, political activist Suriyasai Katasila asked the NACC to investigate the government for alleged mismanagement of the flood crisis causing hardship, property damage and hundreds of deaths.

Mr Suriyasai, who is the leader of the Green Politics Group and coordinator of the People's Alliance for Democracy, filed the request with assistant secretary-general Withaya Akhompitak at the NACC head office in Nonthaburi province.

Mr Withaya said the NACC had already formed sub-committee to investigate flood management and all nine National Anti-Corruption Commissioners were on the panel to supervise the investigation closely. 

This sub-committee would handle Mr Suriyasai's complaint.

A small group of pro-government red-shirt demonstrators showed up at the NACC head office at the same time to protest against Mr Suriyasai's action. He left through a back door to avoid confrontation.

The prolonged flooding has caused the death of at least 615 people in the last four months.

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