Krabi resort owner vows legal action over demolition

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ENCROACHMENT
Resort owner vows legal action over demolition
Sittichai Sikawat
The Nation, Krabi


Officials dismantle structures at the Poda Island Resort in Krabi yesterday after courts ruled that the resort was encroaching on a national park.

Ministry says its move is guided by court orders

KRABI: -- The owner of Poda Island Resort is threatening to sue an authority for dismantling his facilities, even though courts have found the structures encroaching on a national park.

Chuan Pukaoluan, who has operated the resort for about 20 years, has the Department of National Parks, Wildlife and Plant Conservation (DNP) in his sights. He claimed he had bought these plots legitimately.

Chuan is the former mayor of Muang Krabi Municipality, a post he held for several terms, and his younger brother is the current mayor.

Natural Resources and Environment Ministry permanent secretary Chote Trachu yesterday oversaw the demolitions - with about 500 officials, volunteers and border patrol police on hand.

"This case has dragged on since 1985," Chote said.

On December 30, 2011, Chote said the Supreme Court had ordered Chuan to vacate four land plots on the island.

"Those land plots belong to the DNP," he said.

Chote said that last year the Krabi Provincial Court had also ordered Chuan to demolish the buildings and other structures on those plots but Chuan had refused to do so.

"He has tried to produce his land-right documents but the Krabi Provincial Court has stood by its decision that is based on the final court ruling," Chote said.

Chuan insisted that he had bought the land plots legitimately from Marobe Chamnina in 1985 and had the land-right documents to prove it.

"But then the Hat Noppharat Thara-Mu Ko Phi Phi National Park has claimed that the land-right documents were illegitimately issued," he said. He said the documents had been officially approved.

"So, this is very unfair to me," he said.


-- The Nation 2014-02-21

[Joe Mamma]

Greedy smell in the air for the entitled.

[Pikeybkk]

most likely acquired while he was mayor...now not happy he is caught out

[inzman]

Som nom na! Haha

[belg]

it all depends on who you know , but there you go... build illegally but still barking to sue somebody

5555555555555

[robblok]

Finally, they get some action on this kind of stuff now go on for others. He must have known the documents were not issued legally.

[monkeycountry]

"So, this is very unfair to me," he said.

Notice how most of the encroaching hotels are owned by local high level government officials or their family members. Yes, I am sure he has the right land papers, just as I am sure he and his friends at the land office illegally issued these papers many years ago, something the average hotel owner does not have the power to do.

What the ministry shoould do is to press criminal charges against everyone involved in these ecroachment cases - both owners and land office officials, who are easy to find as all their signatures are on the land papers archived at the land office. If the worst that can happen to encroachers is that they lose their "free" land and resort, which they have profited from for 30 odd years, then that is not going to deter them and others from doing it over and over.

[12DrinkMore]

Finally, they get some action on this kind of stuff now go on for others. He must have known the documents were not issued legally.

"Officially approved"

by himself as Mayor, no doubt

[samjaidee]

Finally, they get some action on this kind of stuff now go on for others. He must have known the documents were not issued legally.

There's such a fine line between legal and illegal here; who knows? What was legal in 1985 may now be illegal and the powers that be may have retrospectively enforced current regulations.

It would be foolish to speculate without all the facts to hand.

This quote did puzzle me a little bit, however, "He has tried to produce his land-right documents." He either can or cannot produce the documents.To try to do something implies that a person is not 100% sure that they will be able to achieve their aim.

So... does he have the documents or not?

Did the court see them and reject them as illegitimate or has he not been able to produce them.

It's all a bit vague.

[transam]

Perhaps revealing who or if someone was paid a sweetener to back up his case might help..............

[taninthai]

Finally, they get some action on this kind of stuff now go on for others. He must have known the documents were not issued legally.

There's such a fine line between legal and illegal here; who knows? What was legal in 1985 may now be illegal and the powers that be may have retrospectively enforced current regulations.

It would be foolish to speculate without all the facts to hand.

This quote did puzzle me a little bit, however, "He has tried to produce his land-right documents." He either can or cannot produce the documents.To try to do something implies that a person is not 100% sure that they will be able to achieve their aim.

So... does he have the documents or not?

Did the court see them and reject them as illegitimate or has he not been able to produce them.

It's all a bit vague.

He has so many land papers he probably cannot find them amonst all the others,he owned half of ao nang at one stage ,still has many hotels their and loads of land including beachfront ,oh how the other half live.....

[monkeycountry]

Finally, they get some action on this kind of stuff now go on for others. He must have known the documents were not issued legally.

There's such a fine line between legal and illegal here; who knows? What was legal in 1985 may now be illegal and the powers that be may have retrospectively enforced current regulations.

It would be foolish to speculate without all the facts to hand.

This quote did puzzle me a little bit, however, "He has tried to produce his land-right documents." He either can or cannot produce the documents.To try to do something implies that a person is not 100% sure that they will be able to achieve their aim.

So... does he have the documents or not?

Did the court see them and reject them as illegitimate or has he not been able to produce them.

It's all a bit vague.

"He has tried to produce his land-right documents."

Maybe he meant what he said. Perhaps now that he needs to show the non-existing landpapers to the court, he has actually tried to produce some new land papers with the help of his influential friends at the land office?

[Mises]

Please can they send these demolition men to Phuket. They could start with the new Nikki Beach Club at the north end of Layan right next to the National Park office and part built on the beach.

This dreadful place with awful music that can be heard 300m away (boom boom base stuff) has ruined one of the few remaining unspoilt beaches.

[grumpyoldman]

Pretty sure these are the same people who own The Krabi Beach Resort, Timber Resort, a sushi place in Ao Nang, overall pretty well connected so this is sort of surprising.

For the poster complaining about Nikki Beach Phuket, the old saying is "money talks, BS walks", and how this relates to this topic is The Krabi Beach Resort is being heavily renovated (thank Buddha as it was/is old and dumpy) so I wonder if the payola for the Poda Resort got short (?).

Same thing will happen to Nikki Beach, if and when the payments required outweigh the revenues.