The NACC announced Thursday (Dec 25) that former Vice Governor Niwit Arunrat, who now goes by the name Papinwich Arunrat, and former Phuket Provincial Land Officer Paithun Lertkrai, along with many other government officials, unlawfully approved the issuance of Land Title Deeds Nos. 13896 and 13897 in Patong.
The land is located inside the Kamala Mountain Range National Forest Reserve and sits on steep mountainous terrain with a slope of more than 35%, where land titles are prohibited by law.
The NACC explained that the case dates back to 2008, when Chanchira Veerakit applied to the Phuket Provincial Land Office to survey more than 15 rai of land, claiming possession rights under a SorKor 1 document.
She later transferred the right to two new applicants, Sanit Worakit and Sunisara Wattanasen, who authorised Vice Governor Niwit to act on their behalf.
Although officials found that the land lies within protected forest reserve and is mountainous, a verification committee stated that the land appeared to be used as an orchard and did not object to issuing the titles, provided the land matched the SorKor 1 claim.
The Phuket Provincial Land Office later recommended issuing the title deeds despite several problems. The boundaries and neighbouring land details did not match the original records. No proper inspection committee was appointed as required by the Land Code. No aerial photo verification was carried out. Despite this, approval was granted.
On Feb 4, 2011, while acting as Governor of Phuket, Deputy Governor Niwit approved issuance of the titles. The land office then issued the two deeds totalling nearly 14 rai. Later in August 2011, one of the two plots was sold to Niwit himself.
Subsequent checks by the Royal Forest Department, the Department of Special Investigation (DSI), and the NACC using aerial photos from multiple years showed that the land was covered mostly by tropical forest and secondary forest, with no evidence of agricultural use. The Department of Land Development also confirmed the land has a slope steeper than 35% and is located on mountainous terrain.
The NACC ruled that the actions of the senior officials and the verification committee violated Sections 151 and 157 of the Criminal Code, and constituted serious disciplinary offences. The NACC also ruled that Ms Chanchira, Mr Sanit and Ms Sunisara committed offences as accomplices for supporting state officials in committing wrongdoing.
The NACC has resolved to send the full investigation report, evidence and case file to the Office of the Attorney General to pursue criminal prosecution in court. It will also ask the court to revoke the two land title deeds.
Separately, the Department of Lands will also be asked to revoke the titles under its legal authority because they were issued unlawfully.
The NACC stressed that its ruling is not a final judgment, and all accused persons are presumed innocent until the court issues a final verdict.