Supreme Court Rules Against State: Fine Arts Department Cannot Seize Phimai Residents' Land
Phimai locals win 10-year legal battle as court halts government plan to define ancient site boundaries over 2,287 rai of private property
- The Supreme Administrative Court ruled that the Fine Arts Department (FAD) acted unlawfully by attempting to expand the Phimai Historical Site onto private land.
- This judgment ends a decade-long legal battle, preventing the state from taking control of approximately 2,287 rai of land belonging to over 1,600 residents.
- The court found the FAD's action unlawful because the department failed to provide sufficient scientific evidence or justification for the land's cultural significance.
The Supreme Administrative Court has delivered a landmark judgement in favour of over a thousand residents in Phimai District, ruling that the Fine Arts Department (FAD) acted unlawfully in attempting to expand the Phimai Historical Site boundary onto private property.
The ruling, handed down on 15 October 2025, ends a decade-long legal battle, ordering the FAD to immediately suspend the demarcation of the ancient site boundary that encroached on approximately 2,287 rai (3.66 square kilometres) of private land outside the Phimai city walls.
Relief After Ten Years of Struggle
Somchai Sritrakul, who represented 1,665 affected residents, spoke on 20 October, expressing profound relief at the court’s decision.
“This case began back in 2015, and it took over 10 long years to reach this Supreme Administrative Court decision,” Somchai said. "We were fighting a government agency, and 99 per cent of people thought we would lose. But we stood firm on our legal rights. I believe the court is the last refuge for the public."
Somchai described the preceding decade as an "economic crisis" for Phimai District. The disputed demarcation restricted property rights, causing property values to plummet and deterring investment and development in the key tourist town.
"Today, the sky has cleared for Phimai," he declared. "We need to spread this news to all affected parties, financial institutions, and investors so they can bravely return to develop and invest in Phimai now that the legal uncertainty is resolved."
Community Can Finally Rebuild
The judgement was met with strong emotion from local leaders.
Shane Tophimai, a community representative, noted that numerous families whose homes along the ancient moats and walls were dilapidated can now finally apply for permits to renovate or rebuild.
"Many of our houses have been decaying for years, but people were afraid to build anything new," Shane stated. "We are deeply thankful to the Supreme Administrative Court for ruling that our residential areas will remain under our current status without any land expropriation."
The Court’s Rationale
The Supreme Administrative Court specifically ordered the Director-General of the Fine Arts Department to halt the implementation of the 2017 boundary notice (No. วธ 0402/3315), applying only to the area outside the main Phimai city walls.
The Court’s rationale centred on the FAD's failure to justify the expansion:
Lack of Scientific Justification: The FAD did not present documented studies, survey reports, or scientific evidence to reasonably support the claim that this outer area, comprising approximately 2,287 rai, 2 ngan, and 77.5 square wa, possessed significant cultural value as an ancient site.
Unlawful Discretion: The FAD failed to define clear guidelines or demonstrate the necessity for including these outer areas—such as ancient roads, earthworks, and the southern Baray (pond)—which were considered secondary control zones.
Conclusion: The Court deemed the Director-General's use of discretion to designate the land outside the main city walls as part of the historical site unlawful, thereby granting the residents' request.
