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Layan lockout: Public access denied amid Supreme Court wrangle for B10bn beachfront land

PHUKET: MaAnn Samran, Chief of the Cherng Talay Tambon Administration Organisation (OrBorTor) is advising people to keep clear and not enter any gates installed at properties along the Layan beachfront while the Supreme Court hears an appeal by five people claiming to own the land in question.

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By The Phuket News

Saturday 5 January 2019, 09:00AM


The Supreme Court last held a hearing on the appeals late last month, but has yet to rule on any of the appeals, he said.

“Gates have been installed and locked to prevent public access to several properties along the beachfront. The gates remain there because there is nothing I can do while the appeals are being heard in court,” Mr MaAnn told The Phuket News.

“If I do anything to them, I might be sued later for destruction of private property,” he added.

Mr MaAnn warned that people who cross land that is now gated may be sued for trespass.

“Some of the plots have businesses on them and allow people onto the land, but others do not.

“If the owner (sic) allows people and even vehicles onto the land, you will be fine, but if they do not, it would be better to simply avoid crossing that piece of land,” he said.

“There are many other ways to get to the beach. It would be best to use them,” he added.

However, without direct access from the road the only access is by walking along the beach either from Sirinath National Park at the north, or hiking 1.5 kilometres along the sand from the south.

Mr MaAnn told The Phuket News that he was unable to identify exactly which of the 16 plots along the Layan-Leypang beachfront were being claimed by appeal, or the people who were claiming to own the land, or even how much of the land was being claimed.

“I can’t remember,” he said.

The 16 plots, claimed and occupied by mostly tourism-businesses such as beachfront restaurants, were all declared state land by the Supreme Court as far back as Nov 1, 2017.

Within two weeks, Department of Special Investigation (DSI) Chief Pol Col Paisit Wongmuang and DSI Deputy Chief Lt Col Prawut Wongsrinil made the trip to Phuket in person to oversee the posting of public notices physically on the plots to inform the public that the Supreme Court had ruled that the plots were government land and that any persons found encroaching on it would face criminal legal action.

The land, covering some 178 rai, occupies three kilometres of the most unspoilt beachfront land in Phuket and was estimated by the DSI to be worth more than B10 billion.

However, none of the operators of the businesses along the Layan-Leypang beachfront complied with the Supreme Court order, despite the DSI’s threat of legal action.

By February last year Lt Col Montree Bunyayothin, Director of the DSI’s Bureau of Natural Resources, led a meeting at Phuket Provincial Hall where he gave the businesses operators until March 5, 2018 to vacate the land or face having their buildings demolished.

The businesses stayed, and none of the buildings were demolished. Instead they all remain there today, still serving tourists.

All the threats by officials throughout the year didn’t even stop one real estate agent in Phuket from posting an advertisement to sell an undisclosed area of the land for B3.6bn.

Mr MaAnn said that locally the matter was now in the hands of the Legal Execution Department.

“I can’t be sure what to do next until the Phuket Provincial Prosecutor and Thalang District Chief instruct me through official documents,” he said.

“The best I know is that the Legal Execution Department told me that this case (sic) is still being heard in the court and the details (of the claims to owning the land) are still being checked.

“I will have my legal division (of the Cherng Talay OrBorTor) issue a formal request for more details. I need it all to be clearer,” he added.

 

 

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Rorri_2 | 19 January 2019 - 11:41:48

"Well, there is only fool out of the 60 milllion," ah, resort to name calling every time, when you can't win... , also resort to old news, that you also lost due to not reading, most like not understanding, what I said, there are helplines available, get the help you need. I will not comment on nominee shareholders again, you just can't accept the truth.... loser, no wonder you l...

Jor12 | 18 January 2019 - 17:15:39

Well, there is only fool out of  the 60 milllion population who thinks, government action against nominee shareholders is wrong. Are there protests on the streets, intense comment on social media; howls of protest by the media; legal authorties dismissed?  Nope.  Even if I was drunk, I would still know that. I dont have to know anything. It's common sense.

Rorri_2 | 17 January 2019 - 19:47:45

" 60 million people agree," so now he knows what 60 million people "know," get more ridiculous by even new comment. Mate, see a doctor, not a barman.

Jor12 | 17 January 2019 - 17:13:35

There is only one - same one who believes action against nominee sharleholders is incorrect. 60 million people agree, only one disagrees. Now, proprietory rights over private land is apparently non-existant.  

Rorri_2 | 16 January 2019 - 14:18:44

"Best get yourself some legal advice," am I the only one to notice NO-ONE else AGREES with you....

Kurt | 16 January 2019 - 10:32:33

Khun ....haze making machine is working very hard to confuse. Well, let us wait until we hear about the 'final' of the Supreme Court. Yes?

Jor12 | 16 January 2019 - 07:30:43

Best get yourself some legal advice if you don't understand something or won't accept anything. I don't give free legal advice. Governments don't take legal action in nominee shareholder cases unless it is contrary to law. Only one commentator disagrees. Nor does a company enforce it's proprietory legal rights without just cause which you say is not correct.  

Rorri_2 | 15 January 2019 - 16:12:00

"Well no," well yes, it seems have a problem, first stating incorrectly sect 1336, now ignoring 1337, as I have said many times.. if a nominee shareholder plays a day to day part in a companies business then it is legal.... your memory has holes in it. Clearly you have NO clue... oh, sorry, you know everything, even better than all Thais... geez, talk about egotist.

Jor12 | 15 January 2019 - 09:34:45

Well no, you are not reading interpreting the acts correctly, just like nominee shareholders. You need to get some legal advise to properly explain to you the legal meanings of the relevant sections of the Act. because clearly you have no clue. So good luck to you  if you want to enter my land to get to the beach. Book yourself a room in the hospital. Courts cannot rule contrary to the written law...

Rorri_2 | 10 January 2019 - 12:11:56

What Thai law is saying is you CANNOT deny right of access to public land, this issue has a risen numerous times.. I have read the act, including the correct section, unlike yourself, of course you have certain rights, as in sec. 1336.

Kurt | 10 January 2019 - 09:41:20

One can not have private property ON Phuket ( Thai) beaches.
Supreme Court ruling (Nov 1, 2017) confirms that. period.

Jor12 | 09 January 2019 - 15:31:15

So what you are saying is that my property on the beach is not private property? That I have no proprietary rights over that property? and that every Tom, Dick and Harry has rights go onto my property to get to the beach? I dont think so. Best read the act man.

Kurt | 08 January 2019 - 08:51:45

...: On the cereal packet dated Nov 1, 2017, the Supreme Court red and decided accordingly different. We wait and see, after all this is a country with rubber laws, serving the rich and influentials. Laws, written on cereal packets would be not a bad idea, thai education wise.

Rorri_2 | 08 January 2019 - 06:22:11

What our "learned" , self proclaimed, antagonistic, serial pest should have quoted, though it does NOT support his argument is Section 1349. Rights to Passage Way to Public Road for Land Lock Properties. Where as the property "owner" in this case is the people of Thailand.. that is, the beach. Put that in your pipe, and smoke it.
 

Rorri_2 | 08 January 2019 - 06:16:48

Someone got it WRONG... again.
Section 1336. Fruits of the Property
Within the limits of law, the owner of property has the right to use and dispose of it and acquires its fruits; he has the right to follow and recover it from any person not entitled to detain it, and has the right to prevent unlawful interference with it.

Jor12 | 07 January 2019 - 14:48:08

Dunno off which cereal packet you got your legal advice. Sect 1336, Civil Commercial Code provides that a landowner has the right to use his land and to prevent entrusion by anyone. In other words, Private Property. Meaning, if you want to step onto my land to get to the beach, I will physically throw you off.

Kurt | 07 January 2019 - 11:21:53

Seems mr MaAnn not doesn't understand thai law regarding beach access. Why is he hiding behind words that doesn't make sense. Does he has personal interest in these 16 land plots? Can Phuket Land Office lift a bit of this beach curtain? It is all so strange. Conveniently he can't remember matters. I not believe that. With present court ruling chain-locking access is illegal. Period!

CaptainJack69 | 06 January 2019 - 18:13:12

Thailand... you couldn't make this stuff up, although where the law is concerned it does seem that some people persist in trying to do just that.

By law in Thailand it is illegal to deny access across ANY land to get to a beach (which are all public by law). So it doesn't matter who owns the land no own can block access (legally at least, for whatever that's worth).

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