Bangkok Administrative Court Decision

On December 18 at 10:00 the Bangkok Administrative Court will give their decision. This decision will rule on the 200-meter measurement. Which is going to determine if Pattaya City Hall gave a legal building permit for the construction of View Talay 5, 6 and 7.

We thank K Srisuwan and the Stop Global Warming Association for bring this legal action.  

https://www.facebook.com - Global Warming Association

The Supreme Administrative Court Hearing

A hearing was held at the Supreme Administrative Court in Bangkok On August 6. The court heard argument concerning if Pattaya City Hall issued a building permit for the large build known as VT7 was legal? The matter in dispute is if View Talay Condominiums number 7 should be torn down to a four-story building. The question is if the law will be enforced to protect the Pattaya seashore for tourism and Thais citizens.

You may read the “Statement of the 8 Plaintiffs” submitted at the court at the hearing by visiting the Blog.  http://admincourtfiling.blogspot.com/

Bangkok Administrative Court sends officials to Pattaya for measurement.

Bangkok Administrative Court sends a survey team to measure the location of View Talay Condominiums number 5, 6 and 7. The measurement took place on 18th of July. VT 7 measured 100 meter plus 12 center meters from Mean Sea Level or MSL. While VT 5 was 142 meter and VT6 was 158 meters from MSL. All three building falls short of the 200 meters required by the law before you can build over 14 meters height. We are waiting for the court hearing to determine if Pattaya City Hall legally issued building permits for the three buildings. .

Sixty Thai citizens and The Stop Global Warming Association brought the Bangkok Administrative Court case. The Stop Global Warming Association is a United Nation Non Government Organization or NGO. Issue 9 is one of Thailand’s first environmental laws. That protects Pattaya beach coastline for tourism and future generation of Thais.     

View Talay Condominiums 7 measurement

Meanwhile today we received notification from the Supreme Administrative Court. They have scheduled a court trial for the 6 of August. This trail is concerning if the Rayon Administrative Court made a correct decision? They determined that Pattaya City Hall could measure into the sea 100 meters before they measure the 200 meters onto the land when issuing building permits.  Issue 9 required a 200-meter measurement. But does not explain how to do the measurement. Logic tells a normal person to measure 200 meter from the starting point onto the land. That would meet the laws requirement to increase the protected beach area. And that would follow the laws drafting minutes.   

The Issue 9 law was written to protect the beach environment by increased the protected area over the previously law.  The Rayon Administrative Court decision decreased the protected area. We are looking for a win in both courts.  

Administrative Supreme Court to Decide the Measurement

The Administrative Supreme Court notifies the group of ten, which started the first suit against Pattaya City to protect the local beach environment. They have closed the appeal case for evidence gathering and will make their decision. They will decide if Issue 9 was violated. It will decide if Pattaya City issued a legal building permit to View Talay Condominium for the construction of project number 7. It will determine if you divide the measurement by two and measure hundred meters into the sea before you measure onto the land. Or just measure two hundred from the sea unto the land.  

We would like to thank K. Srisuwan Janya (above left), Dr. Anatchai Rattakul (above right) along with K. Surachai Trongngam (below), K. Teerapan Pantkiri and Miss Pajama Plagaid for their work with the Administrative Court and the appeal process.  

Issue 9 “specify the area within the 200 meters measurement from … the seashore in which the following constructions shall not be built:” The Ministerial Regulation doesn’t allow buildings over 14 meters higher than the road level within 200 meters of the seashore. It was one of Thailand’s first environment laws written thirty-five years ago. The growing Pattaya tourism was the reason for protecting its beach environment. We are waiting for the Administrative Supreme Court order later in the year.

The Stop Global Warming Association responds to City Hall & Governor: Click on me to read the complete filing ~

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

Pattaya City Hall responds with a 2500 pages of documents. Click on me~

The Bangkok Administrative Court will now review Pattaya City Hall responds and then set date for hearings.

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