The Plaintiffs, who were residents living near Khon Kaen Airport, argued that they suffered damage to their health and properties from the construction project to extend the airport which was approved unlawfully because an environmental impact assessment (EIA) had not been taken into consideration. The Plaintiffs therefore requested the Court to order the Defendants: the Department of Civil Aviation, the Ministry of Transport and two relevant authorities, to suspend the project and revoke the resolution approving such project. The Plaintiffs did not claim for damages.

The Court determined that the nature of the claim concerned a source of pollution in which the Plaintiffs could sue the polluters for damages or compensation. However, on the basis of the claims at hand, the Plaintiffs had not demonstrated to the Court that had the EIA been taken, the project would not have been approved. In addition, the damage from the construction arose out of the constructors’ failure to prevent pollution and was not a direct result from the approving resolution. The Court therefore dismissed the case.