Opponents vow to fight condo ruling
Kesinee Taengkhiao
The Nation

BANGKOK: -- Residents win compensation, but say EIA was illegitimate

AN activist group and residents of Soi Chinnaket in northern Bangkok vowed to appeal the Central Administrative Court's decision not to revoke the construction permit for a Bt2.8-billion condominium project in the area.

"We will lodge an appeal," Stop Global Warming Association (SGWA) president Srisuwan Janya said yesterday after the court issued its ruling.

The Aspire Ngam Wong Wan project in Bangkok's Lak Si district has been blamed for spreading dust and creating a major disturbance. Debris including a 10kg steel object has repeatedly fallen on nearby homes, causing property damage.

In response to a complaint from residents and the SGWA, the Central Administrative Court yesterday ordered Bangkok Metropolitan Administration to pay Bt35,503 in compensation to each of seven complainants who live on Soi Chinnaket, due to the negligence of the Lak Si District Office director.

As part of the verdict, the court requires the Lak Si District Office directors to ensure that the Value Property Development Co Ltd, a subsidiary of AP (Thailand), will strictly comply with its environmental impact assessment for the project.

"But our point is this: the EIA was illegitimately conducted," Srisuwan said. "And we believe the construction permit for this project should be cancelled."

According to the residents, the EIA should have been prepared based on the opinions of people living within a 50 metre radius of the condo site.

The EIA for this project, which received the green light in 2010, relied on information from people living much farther away, they said.

Construction has been suspended for a few years in response to a court injunction and cannot resume until the final court ruling.

By the time the court injunction was issued, a lot of work had already been carried out. If the project goes ahead, it would have 1,458 residential units.

In response to the court's ruling, AP (Thailand) Plc said in a press release yesterday it would develop the Aspire Ngam Wong Wan project under the supervision of Lak Si District Office.

Ninety per cent of construction had already been done and it planned to transfer units to customers next year. The project had recorded presales of 15 per cent of the total project value of Bt2.8 billion, it said.

Source: http://www.nationmultimedia.com/national/Opponents-vow-to-fight-condo-ruling-30254060.html

-- The Nation 2015-02-14

The case of too little too late and indifferent and bias officials... such is life when you try to voice

and objection to injustice.... words to wind...

The case of too little too late and indifferent and bias officials... such is life when you try to voice

and objection to injustice.... words to wind...

I'd modify your statement slightly to simply "bought and paid for officials" ... same as in all other cases that involve corruption or bending/breaking of the law(s) ... nothing happens without their direct involvement and rubber-stamping and complicity.

The case of too little too late and indifferent and bias officials... such is life when you try to voice

and objection to injustice.... words to wind...

I'd modify your statement slightly to simply "bought and paid for officials" ... same as in all other cases that involve corruption or bending/breaking of the law(s) ... nothing happens without their direct involvement and rubber-stamping and complicity.

Nooo... EIA board cannot be bought. They are professionals.

The case of too little too late and indifferent and bias officials... such is life when you try to voice

and objection to injustice.... words to wind...

I'd modify your statement slightly to simply "bought and paid for officials" ... same as in all other cases that involve corruption or bending/breaking of the law(s) ... nothing happens without their direct involvement and rubber-stamping and complicity.

Nooo... EIA board cannot be bought. They are professionals.

Nice use of sarcasm ...

There was a period during the project review process that residents could have filed suit right up to the point the project was approved. They didn't for whatever reason. They were obviously aware of the project plans and the scope of the environmental surveys. If the opponents suspected official/investor collusion that was the time to take issue. At this point the opponents don't seem to claim such collusion backed by any evidence.

To wait until the project is 90% built to stop the project for an allegedly incomplete or inappropriate environmental review is unfair to the project investors and violates the principle of due process. I don't see the court accepting the lawsuit. As it is the substantial delay in completion of the project damages the investors for which they probably will receive no compensation. The court may take that into account in its decision to deny the lawsuit in addition to the award of compensation to the opponents.

The consequence of the court accepting the suit and finding for the plaintiffs to cancel the project will put a freeze on future projeccts in the country. No investor will have any certainty in completing a project and recouping their investment. Thailand will become the Hub of Loss.

There was a period during the project review process that residents could have filed suit right up to the point the project was approved. They didn't for whatever reason. They were obviously aware of the project plans and the scope of the environmental surveys. If the opponents suspected official/investor collusion that was the time to take issue. At this point the opponents don't seem to claim such collusion backed by any evidence.

To wait until the project is 90% built to stop the project for an allegedly incomplete or inappropriate environmental review is unfair to the project investors and violates the principle of due process. I don't see the court accepting the lawsuit. As it is the substantial delay in completion of the project damages the investors for which they probably will receive no compensation. The court may take that into account in its decision to deny the lawsuit in addition to the award of compensation to the opponents.

The consequence of the court accepting the suit and finding for the plaintiffs to cancel the project will put a freeze on future projeccts in the country. No investor will have any certainty in completing a project and recouping their investment. Thailand will become the Hub of Loss.

How easy is it to get approval to build such a project in London or Paris?

I'm sure many many bribes have already been given/received. Right or wrong ... legal or illegal ... has nothing to do with it. It's corruption as usual and the little people get screwed.

The case of too little too late and indifferent and bias officials... such is life when you try to voice

and objection to injustice.... words to wind...

I'd modify your statement slightly to simply "bought and paid for officials" ... same as in all other cases that involve corruption or bending/breaking of the law(s) ... nothing happens without their direct involvement and rubber-stamping and complicity.

Remember View Talay Jomptien, Built another condo in front of one that was bought for customers wanting sea view ?? what happened Pattaya city council ??

My condo in Jomptien lovely view 4th floor overlooking trees a market and a panoramic view from Sukumvit -all south Pattaya and Pattaya park. What have I got now 20 meters away a block 6 story's tall no view. No notice it was to be erected---no compensation--de-valued condo----corrupt city councils.

Could luck getting anything like justice out of Thai courts. Money talks.