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MP Sira moves for action after DSI probe finds Kata condo project land title, building permission unlawful

MP Sira moves for action after DSI probe finds Kata condo project land title, building permission unlawful

PHUKET: Sira Jenjaka, a Bangkok MP for the military-aligned Palang Pracharath Party, will file an official request with the Minister of Interior to expedite proceedings to have a land use document revoked for the site of The Peaks Residences condo project in Kata.

By The Phuket News

Monday 25 May 2020, 06:57PM

MP Sira at his press conference at Parliament House in Bangkok on Friday (May 22). Photo: MCOT

MP Sira at his press conference at Parliament House in Bangkok on Friday (May 22). Photo: MCOT

The move follows an investigation by the Department of Special Investigation (DSI) deeming the land document illegal, Mr Sira told a press conference at Parliament House in Bangkok on Friday (May 22), reports state news organisation MCOT.

The approval by local officials of construction of the project is also considered to be an abuse of authority, MP Sira added.

MP Sira said that the DSI had concluded its investigation into the project, which sits on a hillside overlooking Kata Noi Bay on Phuket’s west coast.

The entire project, completed, was estimated to be valued at around B30 billion, he noted.

The DSI had already reported that land-use document NorSor 3 Kor No. 1863 in Tambon Karon was unlawful, he said.

The site was located in a hill area for which no previous land title deed, a SorKor 1, had been issued, MP Sira explained.

Construction of the project was conducted on a slope exceeding 35 degrees, also making the project illegal, he said.

The Nakhon Sri Thammarat Administrative Court had already handed down its verdict and ordered the Department of Lands to revoke the NorSor 3 Kor for the site, he said.

“At this stage, that is being contested and the case is being hear by the Supreme Administrative Court,” Mr Sira noted.

MP Sira also explained that the construction permission for the project had also been found unlawful, but Karon Municipality had allowed construction by Kata Beach Co Ltd to proceed.

“They gave B3 million as collateral for the permit and pledged that the company would demolish the buildings and restore the land to its previous natural state if the formal investigation found the project illegal. So far they have refused to do that,” he noted.

“The Building Control Act does not give authority to local administrative officers to allow such action. The officers’ wrongdoing can be considered illegal according to Criminal Code Section 157 as their wrongful exercise of duties,” Mr Sira said.

“The DSI has already filed a report to the National Anti-Corruption Commission [NACC] and the Department of Lands to proceed with action in accordance with the investigation’s findings.

“Additionally, I will file a report to Minister of Interior Anupong Paochinda to expedite the revoking of the NorSor 3 Kor and the prosecution of officers involved,” he said.

MP Sira also called on a newspaper, which he did not name, to explain its report claiming that on June 10 the Constitutional Court will hand down a verdict to dismiss him from his position as an MP as a consequence for him interfering with the project.

“If the Constitutional Court does not give a verdict as written in the newspaper, the news agency must be responsible, as they would’ve entered false information into a computer system,” he said, alluding to the specific charge under the Computer Crimes Act.

“From my observation, the news website posted stories about me both in the morning and afternoon. What’s their purpose? How do they get information from the court? I want to ask whether I stepped on someone’s toes or if I am in any way involved in the news agency manager’s business, as I think [reports like] this is beyond the duty of the media,” he added.

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MP Sira in August last year said he had received a death threat for publicly revealing that the condominium project had its land ownership documents revoked by the court.

He also said that he had received a message claiming that two people had already died as a result of speaking out about the project.

Since then MP Sira has so far held good to his promises to have the project thoroughly investigated by the DSI and to follow up with all investigative anti-corruption authorities, and to have charges brought against local officials for allowing the project.

He also came to Phuket to tell Phuket Governor Phakaphong Tavipatana directly, “I will also file a request with the Anti Money Laundering Office (Amlo) to investigate the properties owned by and any financial transactions involving any officers related to this project.”

See also:

SPECIAL REPORT: PM orders probe into Phuket Kata condo project
March 15, 2019 – Click here


Bangkok MP claims received death threats over Phuket condo project
August 16, 2019 – Click here

NACC in Phuket over state land grab claims
August 17, 2019 – Click here

After death threats, Bangkok MP fires up legal action over Phuket condo project
August 19, 2019 – Click here

MP Sira warns Governor of Amlo complaint over Phuket condo project
August 20, 2019 – Click here

The Peaks Residences owner speaks out over land claim, public controversy
August 21, 2019 – Click here

MP Sira files complaint to DSI over Phuket condo project The Peaks
August 22, 2019 – Click here

Thai Civilized Party joins The Peaks probe party
August 26, 2019 – Click here

Phuket’s Katathani resort land investigated amid The Peaks Residences condo row
September 7, 2019 – Click here

MP Sira returns to Phuket over Kata condo 
November 15, 2019 – Click here

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Kurt | 27 May 2020 - 19:17:08

@ CaptainJack and Nasa, Even the lockdown of the bridge to Phuket Island can't stop the corruption of  Phuket Authorities. It is shameless. They don't even hide it. A very very lot of kick back money must play a role here in.  At very very high levels.  How shameless high? Thai corruption optima forma. Who are they, above any thai law? Where are the law defenders, "the law is the law&...

Pascale | 27 May 2020 - 16:49:25

Indeed not much to see on that video.Where are the many many cement trucks ?

Nasa12 | 27 May 2020 - 13:26:13

@ Capricornball, I can confirm they still building on this site, have sent picture and movie to PN, up to PN to show that. 

[We have posted the video on our Facebook page as a thank you. However, The Phuket News cannot identify any action in the images and video provided that could be construed as construction. A water truck is seen on site, presumably because workers live on site, and the very...

CaptainJack69 | 27 May 2020 - 12:18:08

It gets worse. If construction is going ahead then where are they getting their supplies from? They're only allowed across the bridge for 'government projects'. The only positive about this situation was that it had shut down the rampant over-development going on all across Phuket. But apparently even COVID-19 can't stop rampant corruption.

Capricornball | 26 May 2020 - 11:57:29

Also, I cannot confirm that construction is continuing as Nasa states, but would not be the least bit surprised.  That alone demonstrates that these construction mafiosos and their thugs overrule the local government hacks that are allowing this illegal project to proceed.  Many heads should roll for this disaster.

Capricornball | 26 May 2020 - 11:52:11

MP Sira is one of the few heros in Thai government. It takes guts to fight this battle, and it has already been clear that influential crooks don't like anyone challenging their dirty business. I'm concerned that the structure of corruption will prevail in silencing Mr. Sira. Please make sure this stays at the top of the headlines.

Nasa12 | 25 May 2020 - 19:30:58

Well well but they still building, every day is many many cement trucks deliver cement to this site. 


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