Koh Samui Villas Encounter Demolition Delay as Legal Dispute Unfolds

[webfact]

 

In a significant standoff on Koh Samui yesterday, local authorities' attempts to enforce demolition of 11 unauthorised luxury villas hit a legal roadblock. The villas, part of the Ariya Residence project, are situated in Moo 3, Maret, and have been under scrutiny due to violations of the Building Control Act of 2522 (1979).

 

Leading the operation, Koh Samui Mayor Ramnet Jaikang and legal officer Pallop Meepian, accompanied by police and environmental officials, sought to implement a demolition order issued in 2019. The order demanded the structures be dismantled within 90 days, citing legal non-compliance. Despite follow-up notices in April 2024, the villa owners had not adhered to these orders.

 

Upon attempting to access the site at 10 am, officials were thwarted by barricades and a "Private Property, No Entry" sign. The project's lawyer intervened, informing officials a petition to annul the demolition order had been submitted just days prior. The legal representative argued the municipality's initial actions were flawed, with plans to challenge the enforcement in the administrative court.

 

“We believe that the municipality’s actions are not under the law, and we will take this matter to court,” stated the project's lawyer, underscoring the owners' resolve to counter the municipal directive legally.

 

Foiled in their efforts, municipal official Pallop filed a formal report with Bo Phut Police Station to escalate the situation legally. Meanwhile, the Fourth Army Area Command underscored an urgent need to enforce administrative protocols, maintaining that the villas must eventually face lawful dismantling.

 

As this legal battle progresses, the spotlight remains on whether the Koh Samui municipality can uphold its demolition orders amidst intensified legal scrutiny and the owners' determined opposition. The resolution of this dispute may set a significant precedent for similar cases across Thailand.

 

Picture courtesy: Wochenblitz

 

-- 2024-10-23

 

 

[ChrisY1]

It's only been 6 years so far...now the military is getting their noses in on this....anyone see what's going to happen:))

[hotchilli]

21 hours ago, webfact said:

Foiled in their efforts, municipal official Pallop filed a formal report with Bo Phut Police Station to escalate the situation legally. Meanwhile, the Fourth Army Area Command underscored an urgent need to enforce administrative protocols, maintaining that the villas must eventually face lawful dismantling.

I wonder who the developer is?

[jippytum]

The lawyers big bluff to delay demolition.

It has been years in the process. Six years of legal action is common place in Thai litigation. 

[NicoBKK]

Some thicker brown envelopes are still passing hands

[steven.g]

Not enough brown envelopes being passed around

[ronster]

Can't seem to enforce building regulations and can't seem to punish those that have broken them .

What is the point of the office then 🙈

[crazykopite]

Back in 2009 I accompanied my then accountant to the municipal buildings on Samui in order to obtain a yellow house book and pink card the conversation was in thai my accountant ushered me to the exit door and on leaving the building she informed me I could obtain the documents if I coughed up 25,000 baht  I obviously refused as I knew what the actual cost was , which depending on provenance can be between 200 and 500 baht . I no longer live on Samui I have my yellow book and pink card which cost me less than 500 baht . This case could go on for the next 20 years unless a financial settlement can be reached !

[tomacht8]

4 hours ago, crazykopite said:

Back in 2009 I accompanied my then accountant to the municipal buildings on Samui in order to obtain a yellow house book and pink card the conversation was in thai my accountant ushered me to the exit door and on leaving the building she informed me I could obtain the documents if I coughed up 25,000 baht  I obviously refused as I knew what the actual cost was , which depending on provenance can be between 200 and 500 baht . I no longer live on Samui I have my yellow book and pink card which cost me less than 500 baht . This case could go on for the next 20 years unless a financial settlement can be reached !

Unfortunately, it is common practice in Thailand that many civil servants wanted an extra payment for their services, which goes straight into there own pockets.