PCD may have to pay BT3.87M
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Residents of Kanchanaburi province's Lower Klity village, affected by lead poisoning from a nearby mining operation for 14 years, could receive a total of Bt3.87 million in compensation from the Pollution Control Depart-ment (PCD) if a recommendation to
The Supreme Administrative Court yesterday invited 22 villagers who filed a complaint with the court, and a lawyer representing the PCD, to attend a hearing. Statements were made for the consideration of the panel of judges hearing the case before they issue a final verdict.
Supreme Administrative Court Judge Panuphan Chairat, who was invited to speak by the panel, said he had studied the case and found that the PCD had neglected its responsibility to control contamination of Klity Creek by the nearby lead mine. Additionally, PCD failed to clean up the creek, the contamination of which affected the lives of hundreds, the judge said.
According to his finding, Panuphan said, the Supreme Administrative Court should order the PCD to pay Bt3,872,000 to 22 lead-contamination victims, or about Bt176,000 each.
The Administrative Court earlier ordered the PCD to pay only Bt33,783 to each of the villagers, or Bt743,226 in all. Panuphan said this amount did not reflect the real expenses faced by the villagers.
He added that all court fees should be returned to the 22 Klity villagers who filed a lawsuit.
Panuphan’s statement was submitted for the panel’s consideration, though it is not obliged to agree with him. However, if the verdict goes against Panuphan’s views, the judges on the panel would be expected to state their reasons.
The Klity villagers have filed several complaints against state agencies and a private mining company with both the Civil and Administrative courts over the past 14 years. Two cases seeking compensation from the mining firm were filed with the Civil Court and one with the Administrative Court. Two civil cases are now before the Supreme Court.
Environmental lawyer Surachai Trong-ngam, who represents the villagers, said he was pleased with Panuphan’s statement, but he also wanted the PCD to restore Klity Creek and remove the lead contamination.
Yaserh Nasuansuwan said the villagers wanted PCD to clean the contaminated creek by dredging all lead sediment from it.
“We don’t just want compensation; we also want our clean river back,” he said after hearing the statement.
Surapong Klongchantuek, director of the Karen Studies and Development Centre, said that since Klity Creek was first contaminated by lead, many villagers had suffered mysterious ailments and died, presumably from lead contamination of their bloodstream.
PCD director-general Wichien Jungrungruang said he could not comment, as he did not wish to affect the court’s final verdict.
However, he insisted that the department had restored Klity Creek from lead contamination using natural recovery methods.
