Saphan Lek vendors file lawsuit against BMA over demolition

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Vendors file lawsuit against BMA over demolition
The Nation



BANGKOK: -- Forty-eight vendors, whose shops in the Saphan Lek area are facing demolition to make way for landscaping of the historical Klong Ong Ang area, filed a lawsuit at the Central Administrative Court yesterday in a bid to halt the move.

The group, led by Surat Lim-akkara-angkul, filed the lawsuit against the Bangkok Metropolitan Administration and the Interior Minister for issuing what they allege is an illegitimate order to demolish shops and buildings in Samphan Thavong and Phra Nakhon districts.

They have requested a court injunction pending the verdict. They are still waiting to find out if the court will accept the lawsuit.

Previously, some 100 vendors from Saphan Han and Saphan Lek markets had filed a complaint with National Human Rights Commission member Niran Pitakwatchara to investigate the city's order for the demolition, which began on Tuesday.

Source: http://www.nationmultimedia.com/national/Vendors-file-lawsuit-against-BMA-over-demolition-30271430.html


-- The Nation 2015-10-23

[Gunna]

I thought the markets were declared illegal around 2000 and were due for demolition soon after.

BMA should be sued for dereliction of duty for taking 15 years to act - possibly caused by a regular brown envelope.

How can you file a lawsuit against a 15 year old order - all the judge has to ask is where are the stall holders leases and then charge them for illegal use of a public space for the last 25 years and fine them for the rent, electricity, water and garbage removal that they have never paid for.

[Srikcir]

Not a lot of facts are known behind the lawsuit to justify vendor occupancy.

What is clear is that while BMA issued a demolition order in 2000, it tolerated these businesses for the next 15 years. This might constitute a verbal contact for legal occupancy, especially if BMA received fees or other unidentified payments for occupancy.

There needn't be a written lease. Verbal contracts are legal in Thailand. For BMA to unilaterally terminate such a contract it must compensate the vendors.

BMA has the right of eminent domain to close the businesses. But it may have legal obligations in doing so.

[clockman]

Thainess, personified. Lots of brown envelopes!