K. Srisuwan Janya of the Stop Global Warming Association ask the court to bring the Ministerial Regulations drafting minutes on Issue 9 to the court to settle there ongoing dispute.
"The philosophy or reason claimed by the Civil Engineer and City Planning Department which was used and claimed by 1st Plaint Receiver is not reasonable. Therefore, the intention of changing the Issue 8 to use the Issue 9 and to expand or extend the distance from the sea from 100 meters to 200 meters should be brought up to consideration. Persons with proper consciences or right minds will understand the intention of law in the similar way that the measurement is to be started at the shore measuring inward onto the land for 200 meters ONLY and NOT to measure from the Mean Sea Level at 0.00 meter outward 100 meters into the sea before measuring inward toward the land for another 100 meters and add them together as reported which is not reasonable and does not match the intention of law whatsoever. This ignorant kind of answer can ONLY be used by the ignorant persons who tries to help the associates or the group to be able to sneak out of responsibilities to be able to do so. From the aforementioned point, the Litigants would like to advised the court to proceed Facts Finding following the intention of fixing the aforementioned line from the related authorities as mentioned above and including the Subpoena of the aforementioned Minutes of Ministerial Regulations Issue 9 Drafting Meeting from the Royal Decree Committee to be used in consideration of court to be able to understand the intention of drafting the aforementioned Regulations for the sake of justice.
As stated in the reasons, intention and law points as above, may the court be so kind give the judgment in the agreed direction to the Requests of the Litigants to be the clear president standard for the whole country to conserve the rich environmental conditions of tourist attractions and natural resources for the future of the nation.
Faithfully Yours,
Mr. Srisuwan Janya
President of Stop Global Warming Association"
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JCC Information
Court orders 5-star hotel pulled down | Bangkok Post: news
6 comments:
On the 23th and 24th of june there wil be a courtcase in the courts of Pattaya about constructions, buildings on the common property without the approval of the owners . We will inform you about the outcome .
วิกฤตตึกสูง : บุกรุกพื้นที่ริมทะเล
A good article in http://www.thaisgwa.com
We like to inform you that the courts of Pattaya and the supreme court of Rayong , revokewe the building permit 337/3544 that was given to build on the common property of jomtien plaza Condotel ( Kaffa restaurant ).
We will update you what the next step will be.
BMA under fire over illegal hotel
Owners may be ordered to demolish building
Published: 10/02/2012 at 12:00 AM Newspaper section: News
The Administrative Court has found a hotel building in Soi Ruam Rudi was built illegally and ordered Bangkok Metropolitan Administration authorities who allowed its construction to enforce compliance with the building control law.
On Sept 17, 2008, Grand Chamberlain Khwankeo Vajarodaya, Royal Household doctor Songkram Sapcharoen, and 24 residents of Soi Ruam Rudi on Phloenchit Road filed a complaint with the court against the Bangkok governor and the director of Pathumwan district office. Apirak Kosayodhin was Bangkok governor at the time.
The complainants accused Mr Apirak and the head of the district office at the time of issuing a certificate which the residents said exaggerated the width of the road in Soi Ruam Rudi and allowing Larp Prathan Co and Thabthimthorn Co, the operators of the Aetas Bangkok Hotel, to build a large building in violation of the law.
The hotel has affected the environment of the community in Soi Ruam Rudi, caused traffic congestion which put the lives of residents at risk as well as exposing the community to greater risk of fires, the complainants claimed.
The court yesterday found that Soi Ruam Rudi, where the hotel building is located, is a public road.
The court cited data from a land survey from the Land Department which shows the road in the soi is less than 10 metres wide.
This means construction of the building was in breach of the 1979 Building Control Act, the court said.
The court ordered the Bangkok governor and the director of the Pathumwan district office to enforce compliance with the law within 60 days.
Chaloempong Klabdee, a lawyer representing the complainants, said the law prohibits construction of a large, tall building on a road measuring less than 10 metres wide.
The law aims to ensure public safety, public health, to prevent fire accidents, to preserve the environment, to maintain proper city planning and to ensure better traffic flow, Mr Chaloempong said.
He said the hotel building is now open and it is impossible to make any changes to the structure.
Mr Chaloempong said the BMA and the Pathumwan district office have to invoke Section 42 of the Building Control Act to order the owners of the hotel to dismantle the entire building.
If the owner of the building fails to act on the order, the district office can ask the court to arrest and detain those who fail to comply and the district office can proceed to dismantle the building itself or arrange for others to do so.
The building owner, designers and those involved in the construction of the building must pay the dismantling costs, Mr Chaloempong said.
However, Surachet Worawongwasu, an executive of Larp Prathan Co and a member of the hotel's management, said he disagreed with the court's ruling and would lodge an appeal with the Supreme Administrative Court.
Mr Surachet said the company had verified its compliance with the law before beginning construction.
Mr Surachet said the company wrote to the Pathumwan district office to inquire about the road's width and the office sent a written reply confirming the road was 10 metres wide.
The company submitted the evidence to the court, although the court gave weight to the actual physical environment in the soi which may be changing all the time, Mr Surachet said. Areas in the soi had been encroached upon, making it less than 10 metres wide.
He called on City Hall to take legal action against people who had encroached upon public land in the soi.
Pawinee Amartthas, director of the Pathumwan district office, said the BMA's public works department was responsible for issuing the permit for the construction of the hotel building.
A member of the JCC committe told some of us co-owners in January that a verdict from the court in this case would be expected at the end of March, but still no news. What happens?
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