Bangkok Post 19 Dec 11;
RAYONG : The National Parks, Wildlife and Plant Conservation Department has found 66 resorts are illegally located in the Khao Laem Ya-Mu Koh Samet National Park.
However the owners claim that they were established in the park before the area was declared a marine national park zone in 1991.
The number of resorts was recorded at 46 in 2001, according to the department.
Over the past 10 years the department has lodged complaints with the Criminal Court over seven cases of public land encroachment on the resort island.
The Criminal, Appeals and Supreme Courts ruled in favour of the department in five of the seven cases.
The other cases are still pending in the Criminal Court.
Conflicts over public land encroachment on the island between locals and authorities have remained unresolved for years. The National Human Rights Commission (NHRC), which is a key agency investigating whether Koh Samet residents have rights over land possession on the island since 2002, on Saturday accompanied authorities to discuss the problem with residents and owners of the resorts.
The NHRC decided the state agency should issue a land ownership document for 34 cases of Koh Samet residents who have been living on 700 rai before the establishment of Khao-Laem Ya-Mu Koh Samet National Park in 1991.
When Abhisit Vejjajiva was the prime minister, he set up a committee to grant land documents to those people.
However, the issuing of land documents was suspended when the Pheu Thai Party took over government this year.
The Koh Samet residents have asked the government to speed up the issuing of the land documents as they want an end to the uncertainly.
Damrong Phidej, the department director-general, warned Koh Samet residents not to further encroach on public land on the island or legal action will be taken against them.
Mr Damrong said the department will continue taking islanders who encroach on the protected area to court.
"If you stay in your own place, we won't take any legal action against you. But if you trespass on forest lands, you will have to face legal action," Mr Damrong said.
Dujhathai Navapanich, an owner of Vongduern Villa on Koh Samet, said the department should make clear the allocation of 700 rai of land for residents as previously suggested by the NHRC.
"We have been living here since before the national park announcement," Ms Dujhathai said.
"What we need is land documents verifying our rights over our own land. This is our parents' land."
She said the island no longer meets the criteria of a national park, as it has become a major tourist attraction.
She said residents, local organisations and the Department of National Parks, Wildlife and Plant Conservation should work together to manage the island under the principle of natural conservation and fair treatment for locals.
