Govt faces string of lawsuits

Two groups to sue state agencies, PM and Cabinet for the flooding situation and seek damages for victims

The man who virtually brought the Map Ta Phut Industrial Estate to its knees two years ago has confirmed he will lead a class-action campaign against the government in connection with the flood disaster.

Government agencies concerned with flood management will be taken to court next month for failing to solve the disaster, said Srisuwan Janya, chairman of the Stop Global Warming Thailand Association.

The man who fought to force industrial projects in Map Ta Phut to adjust their plans and consider environmental issues more seriously said this campaign would be independent of a similar one being launched by a Chulalongkorn University lecturer.

"On December 19, our association will file a lawsuit with the Administrative Court against more than 10 government organisations that have worked to address flood problems," he said.

They are Prime Minister Yingluck Shinawatra, the Cabinet, the Flood Relief Operations Centre (FROC), the Royal Irrigation Department, the Meteorological Department, the Metropolitan Waterworks Authority, the Electricity Generating Authority of Thailand (Egat), and the Hydro and Agro Informatics Institute, he said.

"Everyone who has been affected by floods in 26 provinces is invited to contact us so the association will represent them to file the suit," Srisuwan said.

"We will tell the court how each of those agencies has failed to solve the flood disaster, and force them to pay compensation to the flood victims and issue concrete and clear measures to prevent severe floods recurring in the future."

Compensation will be sought for their damaged assets, illness caused by the floods and loss of income.

Before the association files the suit in court, it will hold a meeting with flood experts and academics and flood-affected people on December 15 at Imperial Queen's Park Hotel in Bangkok to see what wrongs the government agencies committed in coping with the floods and resolving the flood problems, as well as to hear from the victims.

"We are inviting all affected people to join the meeting to share with us their troubles," he said.

The other campaigner, meanwhile, is hatching a similar legal plan, in which the government would face administrative, civil and criminal litigation in connection with its allegedly botched flood control.

Chulalongkorn University economics lecturer Narong Phetprasert said yesterday that he and his team were gathering legal evidence.

"Evidence will be collected over the next two months to build up cases against the government," he said.

Narong said the litigation would be based on five causes - administrative damage, negligence, lapse of duty, lost opportunity and property damage.

After assessing flood-hit communities, the legal team will draw up a list of defendants. He said the potential defendants included the FROC, the Agriculture Ministry, the Natural Resources and Environment Ministry, Egat and the Bangkok Metropolitan Administration.

Although the previous government had mishandled last year's flood control, the extent of flooding and damage did not warrant a court battle, he said, denying he was trying to target the Pheu Thai Party while sparing the Democrats.

He said he would work with the Law Society of Thailand in building up the cases on behalf of the flood victims.

The government would be taken to courts to face myriad charges, he said.

Key provisions to sanction the litigation include Article 9 of the Administrative Court Formation and Administrative Procedural Code.

Article 9 prescribes the mandate of citizens to sue the government for lapse of duty.

Article 157 of the Criminal Code prescribes for malfeasance. Article 420 of the Civil Code is the legal basis to sue for damage.

In a related development, the National Human Rights Commission has launched a probe into the impact from pumping flood water from industrial estates into surrounding communities, NHRC member Niran Pitakwatchara said.