Solving the solution 'Ashton Asoke's provocative!? 5 approaches to Ananda for a long time - residents aiming for 'no kap' and prosecuting Claim damages to the Civil Court within 1 Year of the guru in the real estate industry, solutions to Ashton Asoke problems, protracted, suggesting solutions to problems at the root cause to create a new standard.
After the judgment of the Supreme Administrative Court on July 27, the order revoked the construction permit for the Ashton Asoke condominium project worth 6,481 million baht under the operation of Ananda M. F Asia Asoke Co., Ltd. by "Ananda" asked for 14 days to present the solution on August 23 at 8:30 AM. Ananda sent a clip of Mr. Chanon Ruangkritya, CEO of Ananda Company. Nada Development Public Company Limited with a document explaining the progress of the Ashton Asoke project to the media and residents. In essence, it states “5 solutions to the problem that are currently being worked on”.
According to an inquiry to one of the "Ashton Asoke" residents, it was stated that, as a residents, Ananda gave Ananda the opportunity to solve the problems of the Ashton Asoke project, but had to closely monitor whether there was a problem. progress and solutions to that problem Can it really happen or not?
"I have to admit that There are some residents who are unsure. want to exercise legal rights went to file a complaint with Office of the Consumer Protection Board or the Office of the Consumer Protection Board. Part of this is a pressure for Ananda to urgently fix "
At the same time, a meeting was held to analyze further legal options. Many people agree that Still giving Ananda time to fix it. But if the result is not seen, it is necessary to maintain the right within the period specified by the law, namely 1 year, to claim damages to the civil court.
Analysts still estimate that The most likely way is to buy land to make an entrance not less than 12 feet wide. meters connecting public roads with a width of 18 meters, which is a direct negotiation by only two parties, namely the buyer (Ananda) and the seller (owner of land-commercial buildings), although there are many But considering the current situation Even if willing to pay high, it's not easy! because the owner of the land Various commercial buildings There was still no response whatsoever.
“If you can't find an area, you can't apply for a new license. while other approaches There are many parties involved, especially the requirements, rules, laws that, if there are any amendments. will immediately become the new norm And it's a question whether to fix only Ashton Asoke or not, which even if there is an amendment, the consideration process perform various actions It takes quite a bit. will see that either way But all of them are stuck in a time constraint that can cause the Ashton Asoke solution to be dragged on for a year.”
However, for the 5 solutions to the problem of "Ashton Asoke" that Ananda stated that they are in the process, consisting of
1. Applying for a new construction permit by purchasing or finding additional land By considering both buying or seeking land and/or obtaining legal rights in land It is expected to conclude the acquisition of new land as soon as possible after discussions. which the company evaluates the operational process This includes the period for amending the request for a new building construction notice, approximately 6 months from the date of finding a new land.
“This should solve the problem as quickly as possible. It is within the capability that the company can do, as I said, where is the root of the problem, solve it there, if the court interprets that there is no entrance-exit, then we go there to solve it. There must be entrances and exits of at least 12 meters," Chanon said.
2. Submitting a petition to the Administrative Court for a new trial and adjudication There are many cases, such as cases where there is a discrepancy in the fact-finding process. Listening to evidence in court proceedings and in the future, the law used in the trial and adjudication has changed, etc. The action must be taken within 90 days from the date of knowledge of such incident. but not more than 5 years from the date of the judgment Expected to submit a petition to the Administrative Court within 90 days from the date of the Administrative Court's judgment (July 27, 2023).
3. Coordinate with the original owners to request the return of the expropriated land from Mass Rapid Transit Authority of Thailand (MRTA), which is in the process of coordinating with the original landowners. to request the return of land that MRTA has not used for the purpose of expropriation By virtue of the Land Expropriation Act, B.E. 2562, Section 53, and the Ministerial Regulation on Reclaiming Expropriated Land, B.E. 2564
4. Proposed to government agencies to amend related laws through MRTA Proposed through the Ministry of Transport and the Cabinet approved to submit matters to parliament for approval It is expected that it will take about 1 year from the date the relevant government agencies have drafted and proposed amendments to the law.
and 5. proposed government agencies to amend relevant laws through the Bangkok Public Works Department (BKK) to the Department of Public Works and Town & Country Planning. ministry of interior to the cabinet It is expected that it will take about 3 months to process from the date on which the relevant government agencies are drafted to propose amendments to the law.
For guidelines to help with loan repayment of co-owners who have obligations with financial institutions, Ananda has coordinated with several major financial institutions to alleviate the trouble of loan repayment of co-owners who still have obligations with financial institutions. finance Co-owners can apply for a special interest rate (Retention) to the branch of the financial institution where you apply for a loan. However, the results of the consideration will be in accordance with the rules and conditions of each financial institution.
“We will do our best. so that the problems of the Ashton Asoke project can be resolved as soon as possible will be by the side of all residents in order to accomplish this mission well,” Chanon reiterated.
Solve problems at the root cause to create new standards.
Phuwasit Phanomsing, Special Lecturer, Faculty of Architecture and Urban Planning Architecture for Real Estate Development Thammasat University, the owner of the page "Koh Real Estate" and tiktok Speat Roger, former business development team and land purchase company, real estate development company Looking at the way out of "Ashton Asoke", from now on, the way to buy land in Sukhumvit Soi 19 is still an option to consider. who do not know if the Ananda team has entered into negotiations or not Although the news came out that The owner does not sell But I think it will be better for people involved to talk and Ananda may have a price or a special deal that incentivizes the tenant owners in that area. Willing to sell at an acceptable price, believing that there is still a chance
“It is a solution that Ananda shows responsibility by paying to buy land to solve problems. to be raised as a public road or Raising it as a servitude road Or make it into condo land, make it a part, by the way, the Bangkok has opened a channel for making a new permit. allowed to do This is in line with Ananda's approach in the first item to apply for a new construction permit by purchasing or seeking additional land. have to negotiate the price It's the easiest item, it doesn't affect anyone, it doesn't have any bad words.”
If you do not want the method to become a new standard Can be made into a temporary chapter That only this case can not be used as a reference. in other cases As for the next norm, wait for the announcement of the BMA and the MRTA. is the operator
And another thing that is possible is proposing that government agencies amend relevant laws through the MRTA since the land expropriation in the first place. When the expropriation did not lose the right to develop the original land Including the MRTA's reservation that must not conflict with the permission to pass through that has already been authorized
by offering through the Ministry of Transport to the cabinet In this article, although it seems that it is conducive to Ananda Because just changing the rules In the short term, it seems to be right because Ananda has benefited, but in the long run, the overall industry has benefited. Because it is a solution to the "root cause" of the new standard. for everyone to develop the project To be a solution for the MRTA and the development of land around the electric trains. less disputes able to develop the city according to the intention of the MRTA
Source:https://www.bangkokbiznews.com/property/1085068
Date 24/08/2023