Is it not a traitors statement by Asia LawWorks at the Rayong Court hearing what left the injunction? Read the ending statement from the court below.
“When 2nd Plaint Receiver requested the Administrative court of Rayong Province to cancel the order of Injunction before judgment while the case is still on trial of this court, therefore the First Administrative Court had prior right to cancel the procedure to minimize injurious consequences before judgment.
The order of canceling the Injunction by the First Administrative Court which ordered to cancel the procedure to minimize injurious consequences before judgment by seizing the construction under license No: 162 / 2549, Issued date: November 28, 2549 of 2nd Plaint Receiver, only for the part of building that higher than 14 meters from road surfaces until other order or judgment is given was in agreement with Clause 77 of the Regulations of General Meeting of Supreme Court of Administration governing the Administrative Enquiry Procedures of B.E. 2543 together with Phrase 1 of Article 262 of the Civil Code.
“The claim of 8 Plaintiffs in the Appeal stated that the measurement starting point to find the distance of 200 meters to be in accord with Clause 3 of the Ministerial Regulations of Issue 8 ( B.E. 2519) which stipulated following the Construction Control Act of B.E> 2479 and amended by the Ministerial Regulations of Issue 9 ( B.E. 2521) which stipulated following the Construction Control Act of B.E> 2479 IS AT High Tide line along the Coast Line NOT at the distance of 100 meters from the MSL along Coast Line OUTWARD to the sea however, is the issue concerning tenor of the case which needed to be considered after. The Appeal of 8 Plaint Receivers which stated that the cancellation of Injunction order given by the First Administrative Court was done without enough ground is not reasonable to be taken to proceed.
Therefore the court stands the same order to be in agreement with the order given by the First Administrative Court.
_Signed_ : Assigned Judicial
Mr. Worapot Wisrutpitch
Judicial of the Supreme Court of Administration”
Now compare Issue 9 update with the original Issue 8:
Ministerial Regulation
Issue 9 (B.E. 2521)
Issued under the Building Construction Control Act
B.E. 2479
Issue 9 (B.E. 2521)
Issued under the Building Construction Control Act
B.E. 2479
By the virtue of the Section 15 of the Building Construction Control Act B.E. 2479, the Ministry of Interior issued the following Ministerial Regulations:
1. No. 1 of the Ministerial Regulation No. 8 (B.E. 2519) issued under the Building Construction Control Act B.E. 2479 is to be amended by the followings statement:
“No. 1. This Ministerial Regulation applies within the boundary line of the map. Annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 in the regions of Tambol Bang Lamung, Tambol Nhong Plalai, Tambol Na Khua and Tambol Nhong Prue of Amphur Bang Lamung of Chonburi Province B.E. 2520”
2. No. 3 of the Ministerial Regulation No. 8 (B.E. 2519) issued under the Building Construction Control Act B.E. 2479 is to be amended by the following statement:
“No 3. To specify the area within the 200 meters measurement from the construction control line see the map. Annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 in the regions of Tambol Bang Lamung, Tambol Nhong Plalai, Tambol Na Khua and Tambol Nhong Prue of Amphur Bang Lamung of Chonburi Province B.E. 2521 at the seashore in which the following constructions shall not be built:
Place for keeping and selling fuel
• Building of 14 meters higher than road level.
The Ministerial Regulation is hereby given on the date of twenty-third of November B.E. 2521 (1978).
General Lek Naewmalee
Minister of Interior
(Mr. Somchai Leelaprapaporn)
Civil Engineer Grade 7
Note: The reason issuing this Ministerial Regulation due to the updating of the construction control areas in Tambol Bang Lamung, Tambol Na Khua and Tambol Nhong Prue, by extending the construction restriction areas as appeared in the map annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 controlling over the regions of Tambol Bang Lamung, Tambol Nhong Plalai, Tambol Na Klua and Tambol Nhong Prue of Amphur Bang Lamung of Chonburi Province B.E. 2521. It is, therefore, appropriate to amend the Ministerial Regulation No. 8 (B.E. 2519) issued under the Building Construction Control Act B.E. 2479 governing restriction of the construction of some kinds of building within the controlling areas under the aforesaid Royal Decree.
Copy taken from the Government Gazette No. 95 Section 157 dated 31 December 2521 (1978)
Certified correct
(Mr. Yuthana Rittisit)
Administrative Officer
Public Utility Section
Ministerial Regulation
Issue 8 (B.E. 2519)
Issued under the Building Construction Control Act B.E. 2479
By the virtue of the Section 15 of the Building Construction Control Act B.E. 2479, the Ministry of Interior issued the following Ministerial Regulations:This Ministerial Regulation applies to the boundary line shown in the map annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 in the regions of Tambol Bang Lamung, Tambol Na Khua and Tambol Nhong Prue of Amphur Bang Lamung of Chonburi Province B.E. 2479.”
2. The land areas under this Ministerial Regulation are restricted from construction of the following buildings:
3. To specify the area within the 100 meters measurement from the construction control line see the map. Annexed to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 in the regions of Tambol Bang Lamung, Tambol Na Khua and Tambol Nhong Prue of Amphur Bang Lamung of Chonburi Province B.E. 2479 at the seashore in which the following constructions shall not be built:
• Building of 14 meters higher than road level.
The area under Article 3 above, Construction of building, house must be at least 8 meters away from Highway No. 3135.
Building or house construction must be provided with 75% open, and uncovered space of size to the land plot on which the construction is applied for.
This Ministerial Regulation is given on the date of twelfth, June B.E. 2519 (1976)
MRV Seni Pramot
Ministry of Interior
Copy taken from the Government Gazette No. 93 Section 87 dated 29 June 1966.
Note: The reason issuing this Ministerial Regulation is that further to the Royal Decree Promulgating the Building Construction Control Act B.E. 2479 applying to some areas of Tambol Bang Lamung, Tambol Na Klua and Tambol Nhong Prue of Amphur Bang Lamung of Chonburi Province B.E. 2499, and the aforesaid areas are open public resorts. It is appropriate that the areas shall not be allow to construct some kinds of building considered to disturb good environment and generating any kind of wastes, pollutions. This Ministerial Regulation is, therefore, issued.
Certified correct copy
(Signed) Yuthana Rittisit
Administrative Officer
Public Utility Section
Office of the Secretary
Copy taken and reviewed by : Wallada
(Mr. Somchai Leelaprapaporn)
Civil Engineer Grade 7
