The action follows an inspection on Tuesday (Apr 28), ordered by the Phuket City District Chief, with administrative officers and personnel from the Volunteer Defence Corps (OrSor) joining Rawai Municipality officials to investigate complaints of illegal land use at the site in Moo 1, Rawai, near Laem Phromthep.
Officials found that rocks and soil had been used to level land for an access road, while machinery had been installed on-site, encroaching on public land within the protected forest area.
Chalong Police Chief Pol Col Surasak Jaidee confirmed that Rawai Municipality filed a formal complaint over the encroachment, citing trespassing on state land in violation of the Land Code. The offence carries a penalty of up to three years’ imprisonment or a fine of up to B10,000, or both.
Pol Col Surasak said the complaint was filed last year and that legal action has since been taken.
“Charges have already been filed,” he said, but declined to name those involved, specify how many people have been charged, or confirm when the charges were brought.
He confirmed that the site falls within the Khao Daeng Protected Forest Area and that the investigation found clear evidence of encroachment.
“Rocks and soil were used to level the land to create an access road, and machinery was placed on public land. These actions clearly constitute encroachment on state land,” he said.
However, he noted that the encroached area lies adjacent to privately owned land.
“The site is next to a private project, and the land beside it is privately owned,” he added.
Rawai Municipality has ordered those responsible to remove all rocks and machinery from the area and restore the land to its original condition.
Deputy District Chief Akkra Suwattikul said the district office had received complaints about the misuse of public land and confirmed the encroachment following an investigation. He noted that Rawai Municipality had previously filed the police report in 2024, with the case now progressing through legal channels.
“The business operator has been ordered to restore the area to its original condition and remove all machinery,” he said. “If further encroachment is found, or if the order is not followed, additional legal action will be taken.”
Officials stressed that enforcement would be strict, warning that any continued violations would lead to immediate arrests and further legal action without exception.
LONG FIGHT
The case adds to longstanding concerns over encroachment on protected land in Rawai, particularly around the Laem Phromthep area.
In November last year, Phuket MP Chalermpong Saengdee called on then newly appointed Phuket Governor Nirat Phongsitthaworn and relevant agencies to urgently investigate alleged encroachment on public land and protected forest in the same area.
Speaking at a press conference in Parliament on Nov 19, Mr Chalermpong said local residents had reported the construction of seven prefabricated buildings on protected land, with workers and machinery preparing the site despite its protected status.
He alleged that a major private company was attempting to push ahead with development and had approached residents to acquire land for an access road, offering compensation packages of B1 million per household, with deductions for land purchase, house construction and registration.
“I inspected the area myself and found that encroachment was taking place,” Mr Chalermpong said at the time. “This has caused damage to public land and considerable suffering to local residents. The government should not have allowed this to happen.”
He criticised what he described as inaction by responsible agencies and warned that preparations for further construction were continuing during his inspection.
Mr Chalermpong welcomed an order by Rawai Mayor Thames Kraitat to halt construction but insisted that legal proceedings must follow.
“Those encroaching on public land must be charged and brought to justice,” he said.
He also called for a broader investigation into protected land across Phuket, highlighting the Khao Khad Forest Reserve in Wichit, which he said had shrunk from 2,000 rai to around 800 rai amid ongoing encroachment.
The MP urged provincial authorities to prioritise inspections of all forest and grazing reserves to ensure public land does not fall into the hands of private developers.
Phuket officials have reiterated that inspections will continue in Rawai and across the province, with further legal proceedings expected as authorities move to curb encroachment on protected land.