Houses in Doi Suthep ‘cannot be scrapped’

[webfact]

Houses in Doi Suthep ‘cannot be scrapped’

By The Nation

 

 

Office of the judiciary says it would be breaking the law if it called off the project or demolished buildings.

 

THE OFFICE of the Judiciary has cited “laws” as the reason why it cannot suspend construction of the controversial residences for court officials at the foot of Chiang Mai’s Doi Suthep mountain or demolish some of those buildings despite growing calls from locals and environmentalists. 

 

“If we stop the construction, we will be sued for breaching construction contracts. In that case, the government will have to pay compensation using the state budget,” the Office’s secretary-general, Sarawut Benjakul, said yesterday. 

 

He added that the Office also could not order the demolition of buildings in the ongoing construction projects because such an action would also be against the law.

 

“If we order the demolition, the Office of the Auditor-General may hold us liable for damages,” he explained.

 

Sarawut was speaking after the executive board of the Courts of Justice discussed the controversy arising from the Office’s decision to construct an office building for the Court of Appeals Region 5 and residences for court officials at Doi Suthep. These projects were sanctioned with a budget of nearly Bt1 billion. 

 

 

Hundreds of people staged a rally in Chiang Mai province on Sunday to demand the construction project be scrapped. They said the projects had apparently encroached on forestland and caused environmental damage. The military has tried to mediate in the dispute by arranging talks among the parties. However, none of the court’s representatives has so far sat down to talk to opponents at a session arranged by the military. 

 

Sarawut maintained yesterday that the construction site did not encroach on the nearby Doi Suthep-Pui National Park and argued that it was in the same line as the Chiang Mai Night Safari, the Chiang Mai University agricultural dyke, Chang Khian Community and Chang Puak Community. “You can see the alignment clearly from bird’s eye-view pictures,” he said. 

 

Photo from Twitter @K5_Rescue

 

Regarding allegations of environmental damage, Sarawut said his Office had not cut down any big trees because all those more than 30 centimetres in diameter at the construction site had been dug up and relocated. The relocated trees included four teak trees, 29 Burma Paduak trees and 86 Antimony trees, he said. 

 

He added that the Office also planned to plant 6,400 new trees in the area after the construction was completed. “Because of constraints in our budget and human resources, we will have to ask for government support for the greening effort,” he said. 

 

Even though the Office cancelled its participation in the scheduled military-mediated session on the dispute at almost the last minute yesterday morning, the Third Army Area commander Lt-General Vijak Siribansop still decided to go ahead with the meeting. He listened to opponents of the court officials’ residences in the presence of Chiang Mai Governor Pawin Chamniprasart and representatives from various government agencies.

 

Participants concluded that a committee would be set up to survey the construction site to determine by April 19 how many buildings encroached on forestland and should be demolished. Vijak said he would report the proposals to Army chief General Chalermchai Sittiprasart.

 

Teerasak Rupsuwan, coordinator of the Network to Reclaim Doi Suthep Forest, said 45 houses and four apartment buildings for court officials would have to be demolished.

 

Source: http://www.nationmultimedia.com/detail/national/30342851

 

-- © Copyright The Nation 2018-04-10

[YetAnother]

56 minutes ago, webfact said:

THE OFFICE of the Judiciary has cited “laws” as the reason why it cannot suspend construction of the controversial residences for court officials at the foot of Chiang Mai’s Doi Suthep mountain or demolish some of those buildings despite growing calls from locals and environmentalists. 

the thai version of 'law'; something to be hidden behind, used, twisted,manipulated,cited when in one's interest

[colinneil]

Not a case of jobs for the boys, but homes for the boys.

[Darcula]

Surprise, they're all out of Section 44 ointment this time.

[Juan B Tong]

Another power center showing it's clout.

 

 

[meatboy]

2 hours ago, colinneil said:

Not a case of jobs for the boys, but homes for the boys.

luxury homes with a fantastic view.

and the budget WAS for the old age and the chidrens education.

Edited April 10, 2018 by meatboy

[cmsally]

Conflict of interest in decision process ??!!

This case should be put up for arbitration with a varied panel of decision makers.

Huge conflict of interest which should be a big wake up call for not just Chiang Mai but Thai people in general.

[Thechook]

So basically the court rules, they cannot order the removal of buildings it has built for its officials.  We are the court and we can do as we please.

[Stargeezr]

Keep the houses and give them to the poor people in the area who are

prestently living in shacks.

Geezer

[KKr]

do I read correctly or am I still sleepy?
> alleged encroachment by a Government Agency ?
> The law (on encroachment) does not apply because the guilty party would be liable to pay damages ?
> Since it is inconvenient for the alleged perpetrators, public interest is disregarded ?
> The fines would have to be paid by the Government so the Law does not apply ?

I'll make a note of this brilliant jurisprudence to be prepared in case I get sued for something.
 

Edited April 10, 2018 by KKr

[sweatalot]

4 hours ago, YetAnother said:

the thai version of 'law'; something to be hidden behind, used, twisted,manipulated,cited when in one's interest

time to introduce the law of the people

[bluedoc]

Corruption at the highest level. The judges and the courts. Hand in hand. Disgraceful. Unethical.

[Thechook]

50 minutes ago, KKr said:

do I read correctly or am I still sleepy?
> alleged encroachment by a Government Agency ?
> The law (on encroachment) does not apply because the guilty party would be liable to pay damages ? 

> Since it is inconvenient for the alleged perpetrators, public interest is disregarded ?
> The fines would have to be paid by the Government so the Law does not apply ?

I'll make a note of this brilliant jurisprudence to be prepared in case I get sued for something.
 

It appears that the guilty are the courts who are ruling.  

 

Um I've encroached on on forest land, now I have to make a determination if I'm guilty and pay damages.  That's a hard, not guilty, nothing to see here, move along.

[Srikcir]

7 hours ago, webfact said:

“If we stop the construction, we will be sued for breaching construction contracts. In that case, the government will have to pay compensation using the state budget,”

GO after the military that SOLD the land to the court officials. The military got the land FREE from the state in the first place.

The bottom line is that the State should have never provided title to the property to the military such that the property remains with the State during "training" uses by the military. If the military decided a portion was surplus to its needs, it should have returned the property back to the State.

The Court officials should have never "purchased" the property from the military as such was a perceived (if not real) conflict of interest. So yes, any damages suffered by the State to return the subject property back to the State, including environmental restoration should be the personal responsibility of the court officials involved in the transfer and development of the property. 

What this transaction reveals is the "coziness" between the Judiciary and the Military. A quid pro quo relationship that might be suspected when the courts remain silent with regard to military coups, military trials of civilians and use of absolute powers by the military against Thai People's alleged sovereignty.

Prayut last year stated that the military needs no reform from corruption. Now he can prove that by subjecting the military actions in this transaction fairly and openly to a corruption investigation. But frankly, what Thai government institution remains that can independently conduct such an investigation without a conflict of interest? Under the Prayut regime - none. Perhaps Prayut can agree to an investigative panel created by the next elected government?

[jackdd]

17 minutes ago, Srikcir said:

GO after the military that SOLD the land to the court officials. The military got the land FREE from the state in the first place.

It wasn't sold to court officials. The land was given from the military to the court, this means to the government.

 

Of course the court officials want to have some nice houses where they can stay for free, so they say that it can't be stopped and everything is ok

Obviously it's a joke that the court rules over something from which it's members benefit.

[fakename]

I wonder if the RELOCATED trees could be found? I will be WATCHING this closely.

[fakename]

Looks like quite nice houses. Are there so many officials there, and do they need such nice houses?

[pieeyed]

So they are building illegally, but cannot stop the project because they would have to pay the contractors anyway. Is that not the way it works in the real world. Some people need to go to jail over this illegal project.

[billd766]

5 minutes ago, pieeyed said:

So they are building illegally, but cannot stop the project because they would have to pay the contractors anyway. Is that not the way it works in the real world. Some people need to go to jail over this illegal project.

 

Surely if the project is cancelled and the government has to pay the bill. then the government should sue the officials who signed it off and recover the costs, plus interest and damages.

 

If the officials, ALL of them cannot pay then confiscate all their property and goods, even their families as well until there is enough in the pot to pay the bill.

[tracker1]

I think there was a lot of paper shuffling going on ! a lot more then shuffling a deck of cards with some very big winners

[Chris Renaix]

Much local outrage about this sublime effort of finding excuses and "laws" that this project "cannot be stopped".  Even my wife, always a defender of Thainess, is angry.  That says something.

[Chris Renaix]

1 hour ago, fakename said:

I wonder if the RELOCATED trees could be found? I will be WATCHING this closely.

Exactly my thoughts...  Although I will not be watching this, may take too long.

[cmsally]

This is a textbook example of the " Deep State "

 

[PETERTHEEATER]

'86 Antimony trees'

 

What is an 'antimony' tree? Species please if you know....

[Ossy]

Five years ago, on my one visit to Chiang Mai, I, like most, saw and admired the beautiful aspect of Doi Suthep overlooking the city. When I first read of the protests against this 'judiciary' building project, I could barely believe that the people at the top had managed to obtain the necessary permissions for cutting the forest and defacing the mountain in the way that they have. It's good that the protests have caused a halt to the works but, when I read that Prayut is to decide on its future, my heart sank at the likely alignment of his army roots and the army having 'sold' the site in the first place. High level corruption, here, I fear and with, I'm sure, an overwhelming majority of people wanting the buildings demolished and the mountain forest restored, Prayut's verdict will tell all.

 

I forecast another finger-raising to the world, an Article 44 order for the works to continue and Fancy Pants sitting back in his big chair . . . and, of course, with his school playground cock o' the middin smirk on his face.

[Ossy]

20 minutes ago, cmsally said:

This is a textbook example of the " Deep State "

 

Thanks, C. I needed to Google 'Deep State' but, now wiser, your post couldn't have been more telling. Quite scary, what these entrenched powers like the army and judiciary think they can get away with.

[cmsally]

21 minutes ago, PETERTHEEATER said:

'86 Antimony trees'

 

What is an 'antimony' tree? Species please if you know....

 

Dict/translation

It seems the name they should have used was Dipterocarpus tuberculatus Roxb.

How on earth they ended up with Antimony as the name of the tree I don't know. They obviously don't have high observation powers for Latin tree names.

[webfact]

Doi Suthep buildings can’t be demolished, PM says, urging public use

By JAKRAWAN SALAYTOO 
THE NATION 

 

 

PRIME MINISTER General Prayut Chan-o-cha has urged those opposing the controversial residential project for court officials at the foot of Chiang Mai’s Doi Suthep mountain to consider using the buildings for some public purpose rather than demolishing them.

 

Construction worth Bt955 million is almost complete.

 

Opponents say the residences, which are for officials of the Court of Appeals Region 5, encroach on forest land and cause environmental damage.

 

“It’s unlikely that the courts will be able to use the buildings given the strong opposition from people,” Prayut said yesterday. “So, we should consider using the buildings for some other purposes. They may function as training centres or public facilities.

 

“Please don’t take to the streets. Let’s talk,” Prayut said.

 

He dismissed calls for the buildings to be demolished as the government had already spent a large amount of the state budget on the project. 

 

Prayut, who also heads the National Council for Peace and Order (NCPO), has instructed the Interior Ministry, the NCPO and the Third Army Area to provide people with a better understanding of the situation.

 

While the authorities have maintained that the construction site does not encroach on the Doi Suthep-Pui National Park, many environmentalists insist most of the residences are in the forest zone. 

 

Prayut was speaking one day after the Courts of Justice’s executive board resolved to let the government decide on how to address the controversy. 

 

Mediate dispute

 

According to Army chief General Chalermchai Sittisart, three zones were acquired by the Court of Appeals Region 5 at the foot of Doi Suthep mountain. 

 

The first zone, which features a court building and judges’ housing units, did not attract opposition. The second zone, where 45 residences are being developed for court officials, has drawn public condemnation. The third zone is vacant. 

 

The military has attempted to mediate the dispute. At a meeting on Monday, opponents of the construction demanded that the encroaching buildings be demolished. 

 

There was no representative from the Court of Appeals Region 5 at the meeting. 

 

Office of the Judiciary secretary-general Sarawut Benjakul said yesterday that the president of the Court of Appeals Region 5 did not send a representative to the meeting because he believed his agency did not have the authority to make a decision on the matter. 

 

“The president of the Court of Appeals Region 5 has already informed the chief of Chiang Mai’s Peace and Order Maintaining Command in writing as to why he has not sent any representative to Monday’s meeting. The letter was sent on April 9,” Sarawut said. 

 

Source: http://www.nationmultimedia.com/detail/national/30342944

 

-- © Copyright The Nation 2018-04-11

[YetAnother]

1 hour ago, webfact said:

He dismissed calls for the buildings to be demolished as the government had already spent a large amount of the state budget on the project. 

logic of a ten year old;  admitting a mistake has been made, then: 'please,please, it was expensive'...

[laocowboy2]

To house a certain watch collection perhaps?