Utilization of the Agricultural Land Reform (A.L.R.O) misuse of the law : compare the Administrative Court's rulings

Abstract

The solution to misuse of Agricultural Land Reform, event of the land occupant is not a farmer under land reform law of Agricultural Land Reform Office. Present, There are two guidelines on the implementation. Especially the A.L.R.O 4 - 01 area around Phayao University, Mae Ka Sub-district, Muang, Phayao Province, by virtue of Article 30, paragraph 5 of the Agricultural Land Reform Act, BE 2518 has resolved the problem of land use inconsistency with agricultural land use under the law on agricultural land reform. They are bringing such land into a lease agreement with A.L.R.O or also called "Phayao Model" and will be used as the solution to the problem in other A.L.R.O areas with same characteristics case. Although it is beneficial to the public, responding to the economic development and social problems in front of Phayao University right now, but activities other than agriculture in front of Phayao University are activities that are for-profit, not services or directly related to the livelihood of farmers in such area. The profits will be for the majority of entrepreneurs. There is a land reform fund with funds to improve the quality of life of people in that area. It is not a business that provides services or is related to the well-being of farmers in economic and social aspects, which is in the area of land reform directly. Therefore did not go into the characteristics as announced by the Ministry of Agriculture: determination of other activities that support or relate to land reform according to the trial of The Supreme Administrative Court at A. 1729/2016. Although according to order of the head of National Council for Peace and Order (NCPO) No. 31/2560: The Supreme Administrative Court's judgment is not enforceable, but only with three types of businesses that are Mining business, Petroleum production and Electricity from wind turbines. The activities other than that and including ''Phayao model'' mentioned above, an adjudication of the Supreme Administrative Court is still in effect with the guidelines for allowing the private sector to use in the lease of the A.L.R.O area in business that supports or relate to agricultural land reform which farmers in the area must only receive direct benefits. This enforcement of such law is unlikely to consistent with the trial of The Administrative Court and contrary to the objective of the Land Reform Law.