after the Supreme Administrative Court upheld the judgment of the Central Administrative Court to revoke all construction permits From now on, you must keep an eye on the way to heal Ashton's residents. Ashoka after Ananda asks for 14 days to create a miracle

The Central Administrative Court's judgment revoked the Ashton Asoke construction permit and the Supreme Administrative Court's verdict upheld the Central Administrative Court's judgment on July 27, 2023. Therefore, all official documents relating to the construction of the project were affected. Followed as well, meaning that the Ashton Asoke project could not be built as previously received documents.

The starting point that made the Central Administrative Court And the Supreme Administrative Court issued a verdict in the same way, that is, the entrance-exit of the project adjacent to Asok Montri Road There is a part of the land that Ananda Making a request to take advantage of the MRTA. with a payment of approximately 97.671 million baht to request the MRTA Take advantage of this plot of land.

It means that Ananda Take the land of the Mass Rapid Transit Authority of Thailand or MRTA as part of the entrance-exit of the project.

Surachet Kongcheep, Managing Director of Property DNA Co., Ltd., one of those who have experience in the real estate industry, said that the purpose of acquiring this plot of land Since the first expropriation to use for the benefit of the MRTA only, but the use of land as an entrance-exit of any project that is not affiliated with the MRTA It is equal to misuse of land for land expropriation. and the request for land use from the MRTA There are even more complicated matters than that.

Because according to the Mass Rapid Transit Authority of Thailand Act, 2000, Section 75 stipulates that MRTA must obtain approval from the Cabinet before proceeding with the following activities: (6) renting or granting any rights other in real estate worth more than ten million baht

Of course, the matter between Ananda and MRTA is worth more than 10 million baht, and (10) to develop real estate of MRTA as necessary for the benefit of the mass transit service. about various agreements that Ananda made with MRTA falls under these 2 clauses under the aforementioned Act. But it did not appear that the approval of the Cabinet had been approved on this matter.

The Central Administrative Court therefore issued a statement to revoke the said construction permit. because the land is The Ashton Asoke Project does not have any side with a width of at least 12 meters adjacent to a public road with a width of not less than 18 meters, continually extending to connect to other public roads with a width of at least 18 meters. not less than 18 meters, according to the requirements for the construction of high-rise buildings or extra-large buildings, according to Article 2, paragraph two of the Ministerial Regulation No. 33 (B.E. 2535), issued under the Building Control Act, B.E. 2522

But at that time, Ananda had a contract for land use with MRTA. And when combined with the land that used to be the original entrance-exit of this plot of land, it makes the entrance-exit of this plot of land to be developed into the Ashton project. Asoke has a width of 13 meters, which can be legally developed into high-rise buildings and extra-large buildings. and bring all documents along with the project plan to apply for a construction permit from the Bangkok Metropolitan Administration and make a report Environmental Impact Assessment (EIA) from the Office of Natural Resources and Environmental Policy and Planning. It can be said that it has followed the process of obtaining all construction permits in accordance with the legal process. Before requesting a construction permit, a letter requesting opinions from all relevant officials was also made.

The officers of all relevant departments are responsible for considering the application for various permissions. According to the documents that the applicant has shown for permission and has a duty to give advice only in case of plans, procedures or anything that is not legal There is no duty to verify or prove that the documents Was it correct according to the procedures of that agency or not? Because, however, in various documents There is authentication from both the applicant for permission. and from relevant agencies already

Therefore, the construction permit and documents therefore has come out according to the application for permission to go Although there are times when certain documents are not released as scheduled. because it is a story that has been litigated in court Causing some documents to not be issued, such as a building license or "Aor. 6", causing problems in transferring ownership to buyers And there is an option for people who want to wait for ownership transfer can change to choose other projects of Ananda or people waiting to transfer ownership of this project. And get back the room for those who do not want to transfer ownership

After this, when the Supreme Administrative Court upholds the judgment of the Central Administrative Court, it means that construction permits and permits All relevant "no" legal effects at all. This project has a random risk that it will have to be demolished or cannot continue to be a 51-storey building because if by law there may be only 8 floors or no more than 23 meters left !!

But Ananda insists that they follow all legal steps. There are various construction permits. Have a certificate from the Office of Natural Resources and Environmental Policy and Planning There are complete letters asking for opinions from various government agencies and coming to judge that they did wrong may not be quite right. Ananda said that he would consult with all government agencies to find a solution quickly without Ask for 14 days from the date of receiving the judgment. to find a solution together with various government agencies

But in the end, the people who suffer the most are all buyers whose name is the owner of the unit in the Ashton Asoke project, although Ananda will say that they still have units left for sale in there But if you consider it, the person who suffers the most is the co-owner of all 688 units.

Because since the story of the prosecution Bank loan applications are all suspended. Can't buy-sell, transfer any ownership and have to live in fear of the final result, how will this project continue? or what kind of design

In the case of looking at it, the co-owners should work together with Ananda in finding a suitable solution. and had no effect on them. allowing them to continue to live in this project Or if at the end they are unable to continue living, they must have compensation back to them to suit their troubles. "No" can only return the cost of the condominium!

As for who will be responsible regardless of how the project concludes? Whether buying land to make a legal exit on Asoke Montri Road And the Soi Sukhumvit 19 all have to spend a lot of money. demolition of project buildings Or bring the matter to the Cabinet to approve the use of the land to be correct according to the Mass Rapid Transit Authority of Thailand Act, 2000, Section 75, which does not know if it will be considered retrospectively approved or not. And the two administrative courts have already issued judgments like this, will it be possible to proceed?

Source:https://www.bangkokbiznews.com/property/1080931

Date 29/07/2023