Plaintiffs accused the junta order of violating the law, misusing power under Article 44 of the interim charter, and also violating human rights.

It was also revealed that public organisations and some other people might sue the NCPO over some of its other orders that affected people’s rights, by using this case as an example.

Twelve individuals from Chachoengsao, Nakhon Si Thammarat and Pathumthani – with legal assistance from the Environmental Litigation and Advocacy for the Wants (EnLAW) Foundation – filed a lawsuit against the NCPO and its leader. They called for revoking the order, which allows exemption from city planning regulations for power generation and waste management projects.

Surachai Trongngam, secretary-general of the EnLAW Foundation and the lawyer in this case, said EnLAW had taken up this case because it found the order to be unjust and severely violating people’s rights.

“This order is causing a major impact on many communities nationwide, as it facilitates the construction of highly environmentally harmful projects at inappropriate locations. The effects of this order can be seen in many places such as in plans to build waste-to-energy plants in the green area of Nakhon Nayok,” Surachai said.

Furthermore, he said this order also did not comply with the framework of power usage under Article 44 of the interim charter. The order only allows the junta to use the authority under this article for reforming the country, encouraging harmony and tackling threats to national stability.

On March 31, the National Energy Policy Council’s announcement had disclosed the projects. According to the order, for exemption from the city plan, they must be listed in the Power Development Plan 2015, the Alternative Energy Development Plan 2015, and for LNG (liquefied natural gas) stations and |receiving-terminal projects under Gas Plan 2015.

The NCPO had reasoned that this order was issued to speed up the country’s development and ensure power stability and waste management in the country.

Surachai claimed that this case would be a momentous one, as it showed the NCPO orders could be challenged. It would be an example for cases in the future against other NCPO orders, which harmed people’s rights.

“We do not have plans to file lawsuits against the other orders yet, because it must be the people’s will to do so. But we are ready to assist people with legal advice,” he said.

Anti-coal activist Prasitchai Noonual has taken part in the opposition campaign against this order since it was issued in January. He said the protesters had tried several methods to urge the junta to revoke this order, but they had ignored the people’s appeals.

Therefore, people from three provinces affected by the order had to sue the junta through the Supreme Administrative Court.

“It’s now up to the court, whether it will accept to hear this case. But no matter how this case ends, I’ll [continue to] protest against this order,” Prasitchai said.