October 24, 2023, the Ministry of Transport responds to the distress of residents of Ashton Asoke Sukhumvit 21, 668 condominium units.

By "Suraphong Piyachote" Deputy Minister of Transport Signed an order to set up a working group of 9 people, appointment letter number 1109/2023, titled “Appoint a working group to consider ways to solve the problems of those affected by the permission to use the area of the Mass Rapid Transit Authority of Thailand.”

There is a clear timeline that preliminary conclusions will be reached within 2 weeks before the work is completed according to authority within 30 days. Therefore, if counting according to the Ministry of Transport's timeline It is expected that it w

Suraphong Piyachot

Deputy Transport Minister reveals "happy ending"

The suffering of the residents of Ashton Asoke Sukhumvit 21 or Ashton Asoke comes from the Supreme Administrative Court ordering on July 27, 2023 to revoke the construction permit with retroactive effect. The origin comes from a 13 meter wide road that "MRTA - Mass Rapid Transit Authority of Thailand" allowed to pass through in 2014, which is incorrect.

Therefore, when bringing the permit documents from MRTA to apply for construction permission with the Public Works Department Bangkok Therefore it is incorrect. and ordered such revocation

This is a hot topic in the real estate industry in Thailand. "Suraphong Piyachote" gave a special interview to “Prachachat Turakij” in front of the elevator hall on the 1st floor of the Department of Rail Transport recently said that the impact of the Administrative Court's decision also has an issue of confidence. Therefore, the Ministry of Transport must restore confidence.

“We must build confidence for residents, both investors and entrepreneurs. Everything,” along with explaining that A working group has been set up to take care of it. As for what solutions are there to solve the problem? We must wait for the working group to present the results of the study of solutions to the problem first. What can be confirmed is that this year the problem will be resolved.

“Happy. Happy consumers, residents, entrepreneurs and investor confidence. Because it is about foreigners as well,” the statement of Deputy Minister Suraphong

Focus on solving people's problems

Next, "Sornphong Paitoonphong", Deputy Permanent Secretary of the Ministry of Transport. (Head of the Transportation Mission Group) revealed that previously on October 17, 2023, representatives of residents of Ashton Asoke 668 condominium units came to submit a letter requesting justice. Because they are in serious trouble from the MRTA leasing land in the Ashton Asoke condominium.

Later, the Deputy Minister of Transport (Suraphong Piyachot) ordered the appointment of a working group of 9 people, consisting of 1. Deputy Permanent Secretary of the Ministry of Transport (Soraphong Paitoonphong) 2. Director-General of the Department of Rail Transport (Dr. Pichet Kunathamrak). 3. Governor of MRTA (Phakaphong Sirikantharamat) 4. Representative of the Attorney General's Office 5. Representative of the Office of the Council of State

6.Bangkok representative 7.Director of the Legal Department Office of the Permanent Secretary, Ministry of Transport 8.Director of the Government Inspection Division Office of the Permanent Secretary, Ministry of Transport and 9. Deputy Governor of MRTA as secretary.

“After receiving the letter requesting justice, Deputy Minister Suraphong ordered the Ministry of Transport to expedite action. Find guidelines and measures to reduce the impact on the people who have suffered. In the case of the Ashton Asoke Condominium, this working group is responsible for considering ways to solve the problems of those affected by the MRTA's area use permission in order to bring about action in relation to the Ministry of Transport. Able to respond and solve problems Reduce the impact on the people in a concrete way.”

This working group will expedite the study of impact data. and suggestions on various approaches initially within 2 weeks before proceeding to be completed according to authority and duties within 30 days

“The most important thing. We do not take the past consideration process for granted. We take the suffering of our fellow citizens as the centerpiece. How can it help? in order to achieve the most efficient solution of the problem,” said the statement of “Deputy Permanent Secretary Sorphong”

Overturning Cabinet resolution, 6 September 2016

A source from the Ministry of Transport told "Prachachat Turakij" said that the issue of land expropriation and the use of expropriated land by government agencies There is a fact that During the Prayut Chan-o-cha government era, there was a Cabinet resolution (Cabinet resolution) on September 6, 2016, approving and approving three guidelines according to the Office of the Council of State's proposals.

Including: 1. Approve the guidelines for using the land obtained from expropriation for maximum benefit. and for government agencies to consider as official guidelines

2. Assign government agencies who wish to use the land obtained from the expropriation of real estate, check

Preliminary land according to the guidelines and opinions of the Council of State

3. Approve the principles for amending the law on real estate expropriation. and assigned to the Office of the Council of State Collaborate with relevant agencies Consider drafting laws following these guidelines.

However, the Cabinet resolutions that have been in place since 2016 appear to be until now. It has never been applied to any government agency. Therefore, it can be said that the Ashton Asoke Sukhumvit 21 case may be the first case where the Cabinet resolution of September 6, 2016 can be applied appropriately. Just the right timing. and correct as had previously been resolved by the Cabinet and set guidelines for action.

Use expropriated land for maximum benefit.

As for the origins of the Cabinet resolution on September 6, 2016, the Council of State Office Made a letter dated 26 August 2016 addressed to the Cabinet Secretary (Ampon Kittiampon) at that time.

Summarize the important points that From the Prime Minister's order to consider the guidelines for using land remaining from use. According to the purpose of expropriating real estate for other uses, such as using the area on either side of the electric train line. or areas along the railway boundaries and station areas to develop for maximum benefit.

and amend the law on real estate expropriation. So that the government sector can use the land obtained from the expropriation for other uses in addition to the objectives of the expropriation. To get the most benefit to solve social problems or for other benefits of the state

The guideline is that for land obtained from expropriation after the 1978 Constitution came into effect, if the real estate has been fully used for the purpose for which it was expropriated. Ownership is absolutely vested in the state. The government can use the land for profit. or used for additional public benefits as seen appropriate later This must not affect the objective of land expropriation in order to achieve maximum benefit in land use.

Proposing to use legislation to amend the law

News sources commented that The judgment of the Supreme Administrative Court on 27 July 2023 is the administrative court's sentencing guidelines. It can be seen that legal issues are the main consideration. Therefore, one of the solutions for Ashton Asoke can be solved by using the law to solve the problem.

The guideline is to refer to the expropriation law overseen by the Prime Minister's Office together with the Cabinet resolution dated September 6, 2016, which will find that the expropriation of land for the construction of the MRT has been issued as a Royal Decree-level expropriation law. And there are provisions for the purpose of expropriation for the electric train business. Therefore, when the MRTA completed the construction of the electric train business 20 years ago, while the vacant land plot at Ashton Asoke requested to be used as a transit route, The court ruled that this was an incorrect authorization. Because it is against the objective of the expropriation.

Therefore, the likely solution is by means of "Use the law - amend - the law" can be done is to enact laws of equal dignity That is, a royal decree was issued to change the purpose of land expropriation to enable the MRTA to allow passage.

“In the case of Ashton Asoke, looking at it from a lawyer's perspective, we have to say that There is still a solution by using the law to amend the law. This is probably the most consistent approach in government law at the moment.”

Conforms to and promotes the TOD model.

The source said at the end that If a new law is issued to amend the old law It will also be consistent with the National Economic and Social Development Plan No. 12 (2017-2021) in terms of strategies related to “Development of public transport systems in urban areas”

By supporting the development of facilities within the station. To be connected with the development of the area To make use of the public transport network in urban areas. (in this case, the electric train project) to its fullest potential

By giving importance to promoting the enforcement of urban planning laws. Creating the identity of the area and the development of areas around mass transit stations or TOD-Transit Oriented Development, which is an important global city development trend that has many examples seen abroad. and is becoming a mega trend in urban development in Thailand.

Source:https://www.prachachat.net/property/news-1424500

Date 31/10/2023