The Natural Resources And Environment Ministry Files Forest Encroachment Charge

[Jai Dee]

The Natural Resources and Environment Ministry files forest encroachment charge against a landlord on Samui Island

The Natural Resources and Environment Ministry has taken legal action against a landlord on the island resort of Samui in Surat Thani for alleged encroachment of 49 rai of a forest.

Assistant to minister Noppadon Patthama (นภดล ปัทมะ) filed forest trespassing charge against Suthep Wangdan (สุเทพ วังด่าน), a big-time businessman, with the Crime Suppression Division yesterday.

Mr. Noppadon told the police Mr. Suthep allegedly encroached on 49 rai in Khao Duang Nok (เขาดวงนก) forest on Samui Island.

The businessman also was alleged of falsifying official documents and using them to obtain land title deeds for the encroached area.

Source: Thai National News Bureau Public Relations Department - 21 August 2006

[Pilchard]

The Bangkok Post

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Ministry files charges over land misuse

Inquiry team finds that businessman lied

The Natural Resources and Environment Ministry yesterday filed charges against a Koh Samui landlord for alleged illegal occupation of land and forest encroachment on the resort island.

An inquiry team from the ministry found that Suthep Wangdan, an influential businessman on Koh Samui, unlawfully occupied a 49-rai area of prime forest land on Khao Duang Nok mountain, near Samui airport.

Part of the forest has been cleared for road construction and coconut plantations, said Noppadol Pattama, assistant to caretaker Natural Resources and Environment Minister Yongyuth Tiyapairat.

Mr Noppadol, who submitted documentary evidence on the case to the Central Investigation Bureau (CIB)'s natural resources and environmental crime department yesterday, said the ministry had also sent a letter to the Land Department opposing the issuance of the title deed for the land.

The sor khor 1 land occupation paper No. 220 that Mr Suthep presented to land officials to apply for the title deed covers only a four rai land plot, but he lied that it covers up to 49 rai.

The sor khor 1 also belongs to someone else's land plot, said Mr Noppadol.

"More importantly, this land plot is located in the most pristine forest area, which is Koh Samui's sole water catchment area," he said.

The ministry's inquiry team recently asked the Land Department to revoke the title deeds for a 96-rai land plot on the same mountain, also occupied by Mr Suthep, after finding that the land rights document was illegal.

According to the probe result, the sor khor 1 land rights document held by Mr Suthep was for only 26 rai, not 96.

Deputy chief of the Forestry Department Thanee Viriyarattanaporn, chairman of the inquiry panel on Samui land scams, said the Land Department was likely to complete the revocation of Mr Suthep's land ownership documents for the 49-rai and 96-rai land plots on Khao Duang Nok within two months.

"The investigation into forest encroachment and illegal acquirement of land rights papers on Khao Duang Nok has been completed, and now we will focus on investigations into The Peak project on the nearby Khao Dang mountain," said Mr Thanee, referring to an alleged encroachment onto a 451-rai area of forest land by an owner of The Peak properties development project.

Mr Thanee said the Forestry Department had been working on the demarcation of around 23,000 rai of lush forest on Koh Samui to declare it a 1A watershed area, which would be protected under a cabinet resolution on the conservation of water catchment zones.

Pol Maj-Gen Lattasanya Piansomparn, commander of the CIB's natural resources and environmental crime department, said the ministry's investigation team had come up with evidence to prove Mr Suthep's wrongdoings, which violated the Forestry Act, the Land Act, and the Criminal Act for submitting false information to state officials.

Pol Maj-Gen Lattasanya said the CIB would also investigate the link between Mr Suthep and the owner of The Peak project, and bring state officials involved in the illegal issuance of land ownership documents to justice.

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looks like this is not going away any time soon !

[stevehaigh]

does anyone know, is this the same Suthep, the lawyer from Mae Naam?

steve

The Bangkok Post

---------------------------------------------

Ministry files charges over land misuse

Inquiry team finds that businessman lied

The Natural Resources and Environment Ministry yesterday filed charges against a Koh Samui landlord for alleged illegal occupation of land and forest encroachment on the resort island.

An inquiry team from the ministry found that Suthep Wangdan, an influential businessman on Koh Samui, unlawfully occupied a 49-rai area of prime forest land on Khao Duang Nok mountain, near Samui airport.

Part of the forest has been cleared for road construction and coconut plantations, said Noppadol Pattama, assistant to caretaker Natural Resources and Environment Minister Yongyuth Tiyapairat.

Mr Noppadol, who submitted documentary evidence on the case to the Central Investigation Bureau (CIB)'s natural resources and environmental crime department yesterday, said the ministry had also sent a letter to the Land Department opposing the issuance of the title deed for the land.

The sor khor 1 land occupation paper No. 220 that Mr Suthep presented to land officials to apply for the title deed covers only a four rai land plot, but he lied that it covers up to 49 rai.

The sor khor 1 also belongs to someone else's land plot, said Mr Noppadol.

"More importantly, this land plot is located in the most pristine forest area, which is Koh Samui's sole water catchment area," he said.

The ministry's inquiry team recently asked the Land Department to revoke the title deeds for a 96-rai land plot on the same mountain, also occupied by Mr Suthep, after finding that the land rights document was illegal.

According to the probe result, the sor khor 1 land rights document held by Mr Suthep was for only 26 rai, not 96.

Deputy chief of the Forestry Department Thanee Viriyarattanaporn, chairman of the inquiry panel on Samui land scams, said the Land Department was likely to complete the revocation of Mr Suthep's land ownership documents for the 49-rai and 96-rai land plots on Khao Duang Nok within two months.

"The investigation into forest encroachment and illegal acquirement of land rights papers on Khao Duang Nok has been completed, and now we will focus on investigations into The Peak project on the nearby Khao Dang mountain," said Mr Thanee, referring to an alleged encroachment onto a 451-rai area of forest land by an owner of The Peak properties development project.

Mr Thanee said the Forestry Department had been working on the demarcation of around 23,000 rai of lush forest on Koh Samui to declare it a 1A watershed area, which would be protected under a cabinet resolution on the conservation of water catchment zones.

Pol Maj-Gen Lattasanya Piansomparn, commander of the CIB's natural resources and environmental crime department, said the ministry's investigation team had come up with evidence to prove Mr Suthep's wrongdoings, which violated the Forestry Act, the Land Act, and the Criminal Act for submitting false information to state officials.

Pol Maj-Gen Lattasanya said the CIB would also investigate the link between Mr Suthep and the owner of The Peak project, and bring state officials involved in the illegal issuance of land ownership documents to justice.

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looks like this is not going away any time soon !

[Malice in Wonderland]

does anyone know, is this the same Suthep, the lawyer from Mae Naam?

steve

It's not the same Suthep Steve - The lawyer in Maenam is Suthep Phetmeekaew.

[Jai Dee]

DSI to probe forest encroachment

The Department of Special Investigation (DSI) will inspect around 2,200 rai of land in mountainous areas of Phetchabun province next month to look into alleged forest encroachment and illegal acquisition of title deeds.

The investigation follows a report from the Forestry and the National Park, Wildlife and Plant Conservation departments implicating influential figures and state officials in the illegal occupation and issuance of 57 title deeds covering 2,196 rai of land. The department had asked the DSI to help investigate the case.

More from the Bangkok Post here.

[limbos]

Just to clarify, Khao Duang Nok is in the Choengmon area, between the airport road (market in Bang Rak to Chaweng) and the road from Chaweng to Choengmon.

The Peak is at the end of Bang Rak, towards Bophud.

[Beachedwhale]

Just to clarify, Khao Duang Nok is in the Choengmon area, between the airport road (market in Bang Rak to Chaweng) and the road from Chaweng to Choengmon.

The Peak is at the end of Bang Rak, towards Bophud.

Is it the same developer? Does the development already investigated have a name? (there are quite a few developments in that Choengmon / Chaweng area)

[limbos]

Probably it's along the road from Chaweng to Choengmon, after the airport road forms a T junction.

There's one big project opposite the time share project, I'm sure there are more though.

[stevieff]

Probably it's along the road from Chaweng to Choengmon, after the airport road forms a T junction.

There's one big project opposite the time share project, I'm sure there are more though.

I'm going to venture a guess and say the actual project is not after the T on the road between Choengmon and Chaweng, but rather the land almost directly opposite the Samui airport, on the south side of Khao Duang Nok. You can see the criss-cross of roads, etc. being developed on the mountain from any viewpoint in Bangrak. Just to clarify, The Peak project is hardly out of the weeds here, as the article clearly states they are next up for investigation.

[Samuian]

It's not the same Suthep Steve - The lawyer in Maenam is Suthep Phetmeekaew.

Since when is this guy a "lawyer"?

In another thread someone mentioned that the "lawyers" on Samui are not really what they claim to be....

I know the mentioned guy and his "business activities" for the last 11 years or so...he is/was a member Thailands "finest"!

[sbk]

It's not the same Suthep Steve - The lawyer in Maenam is Suthep Phetmeekaew.

Since when is this guy a "lawyer"?

In another thread someone mentioned that the "lawyers" on Samui are not really what they claim to be....

I know the mentioned guy and his "business activities" for the last 11 years or so...he is/was a member Thailands "finest"!

Really? you have some kind of proof he is not a lawyer? Everything I have heard he is retired from the police force and is practicing law legally. Personally, if it were me I would be wary of making such statements on an open forum without some kind of proof to back them up.

[taxexile]

practicing law legally

to practice law legally in this country is it necessary to have gained a degree in law from an accredited thai university , or can anyone just open a law shop and dispense advice on what they consider to be legal or not ?

to represent a client in court , do you need a law degree , or can anyone get up in a court of law.

[sbk]

From an Asia Law article:

The Lawyers Act B.E. 2528 (AD 1985) defines a lawyer as "a person who has been registered as a lawyer, and a license has been issued to him or her by the Law Society of Thailand." Therefore, no one can become a lawyer or practice law in Thailand without an education in law, registration, and a license to practice. Unlike the United Kingdom, lawyers in Thailand are not divided into barristers and solicitors, nor are they required to pass a bar examination as they would be in the United States.

To be registered and to obtain a lawyer's license, in most cases the candidate must complete training in professional ethics and the basic principles of advocacy and the legal profession. The training course, run by the Institute of Law Practice Training of the Law Society of Thailand, is usually divided into two terms. In the first term, the candidate has to learn the theory of case conduct and professional ethics for not less than 90 hours. In the second term, he/she must practice working in a qualified law office for at least six months. An examination will be held at the end of each term. After completion of the training course, a candidate may apply for membership in the Law Society of Thailand.(10) An exception to the training course is given to candidates who have been an apprentice in a law firm for over a year and have passed an examination specified by the Board of Governors of the Law Society of Thailand.

[Lindsay]

I realise this is moving away from the original topic of the thread, but what about foreign lawyers operating in Thailand? Are they in any way regulated by the Law Society of Thailand? I am particularly interested after my previous dealings with Bangkok-based law firm Kitt and Murray.

[taxexile]

thanks sbk , seems a very short training period for such a responsible profession.

it doesnt say there that there is any actual study of "the law"

e.g. the laws of tort , the laws of property , matrimonial law.

if that is indeed the case , then that would explain a lot.

it seems that lawyers here are hired to represent you in court once you are accused of breaking the law , rather than giving accurate advice on how to act within the law.

[sbk]

thanks sbk , seems a very short training period for such a responsible profession.

it doesnt say there that there is any actual study of "the law"

e.g. the laws of tort , the laws of property , matrimonial law.

if that is indeed the case , then that would explain a lot.

it seems that lawyers here are hired to represent you in court once you are accused of breaking the law , rather than giving accurate advice on how to act within the law.

Too true tax, but I, for one, would be very careful accusing a lawyer of all people of not practicing legally, which was, quite clear what Samuijens innuendo was referring to. But, hey, I am a cautious sort

[Rooo]

I realise this is moving away from the original topic of the thread, but what about foreign lawyers operating in Thailand? Are they in any way regulated by the Law Society of Thailand? I am particularly interested after my previous dealings with Bangkok-based law firm Kitt and Murray.

Lindsay,one of the occupations that a forigner can not undertake in Thailand is Litigation Law.Most law firms with foreign principles, employ Thai lawyers for litigation work,hence foreign law firms with ex amount of Thai associates.

[Samuian]

Personally, if it were me I would be wary of making such statements on an open forum without some kind of proof to back them up.

@sbk: Thanks for that advice - are u a lawyer too? - I will be wary in the future.

As u wrote: "For Everything I have heard..." Hearsay - is THAT enough proof for u?

Don't worry - I have had some on hand expierience which would make anyone shudder...

Ahh....well.. let's go on with the investigation of illegal property encroachment.

Any news?

[sbk]

Personally, if it were me I would be wary of making such statements on an open forum without some kind of proof to back them up.

@sbk: Thanks for that advice - are u a lawyer too? - I will be wary in the future.

As u wrote: "For Everything I have heard..." Hearsay - is THAT enough proof for u?

Don't worry - I have had some on hand expierience which would make anyone shudder...

Ahh....well.. let's go on with the investigation of illegal property encroachment.

Any news?

Ah yes, but my hearsay isn't potentially slanderous! A point to remember

If you want to discuss Samui lawyers then feel free to open a thread doing so, but as you said, back to the investigation of illegal property encroachment, which is, most likely, just "crackdown of the month".

[John 1]

Can we discuss on this thread other areas on Samui that should be looked at if they have acquired land legally or not, Like the Golf course in Mae Nam and Santi Thani Estate in Ban Tai.

[LaoPo]

Can we discuss on this thread other areas on Samui that should be looked at if they have acquired land legally or not, Like the Golf course in Mae Nam and Santi Thani Estate in Ban Tai.

What are you trying to say? ...do you know anything we should know............ ?..............curious!

LaoPo

[sbk]

John, I don't see why not, if it has something to do with forest encroachment being the reason for possible illegality. Do you have a reason for suspecting these places of being illegal?

[Jai Dee]

Land Encroachment

The heat's on ex-minister Vatana

The Department of Special Investigation (DSI) has asked Attorney-General Pachara Yuthidhammadamrong to prosecute former deputy interior minister Vatana Asavahame for alleged involvement in encroachment on public land in Phang Nga.

DSI spokesman Colonel Piyawat Kingket said yesterday that there was strong evidence against all 16 suspects in the case, including Vatana. The DSI's request runs counter to a decision by a director of special investigation at the Office of the Attorney General to spare Vatana on the grounds that there was no concrete evidence against the politician. "But we even have witnesses who saw Vatana on the encroached land," Piyawat said.

According to the DSI, Vatana, through Inter Palm Oil Industry Co Ltd, hired people to encroach on protected forest land in Phang Nga's Kapong district, made use of the resources there and falsely obtained documents granting rights to the land.

The encroachment covered 13,000 rai of land, which was then mortgaged to a bank at a value of more than Bt10 billion.

Piyawat said the mortgage had been arranged through an official assistant to Vatana while he was deputy interior minister. Vatana is currently being sued by the bank to repay a Bt15-billion debt arising from the mortgage.

Source: The Nation - 25 August 2006

[Japhrodisiac]

A 15 Billion baht debt on a property valued at 10 Billion? only in Thailand....

[John 1]

The reason I mentioned the Golf course its a huge area and it runs up into the mountains around Mae nam I'm not saying anything illegal but could be a area that should be checked. As for Santi Thani a lot of rumors from the locals about under table dealing before to obtain land papers, no proof so only rumor someone may know more. There are some more areas on the Nathon side of the island that could be a bit suspect, also between Chaweng and Lamia. The government is making a big deal out of the Big Buddha area they are checking and don't seem to be checking other places of interest.

[sbk]

I am not sure about that John, we have had helicopters flying over Koh Phangan the past couple of months checking natl forest boundaries here. (not that they have announced anything about "crackdowns on Koh Phangan" tho as I am absolutely positive there has been encroachment here as well).

So, perhaps they have checked and didn't find anything (ok, well, never mind the likelihood of that) or they are still in the process.

Too bad there isn't an anonymous tip line to the National Resources & Environment ministry investigators

[Rooo]

Do you know who owns the golf course?Have another Singha.