The Decree: Clarifying the Aspects of the Ashton Asoke Case and Land Expropriation for Aor Company’s Benefit

2023-08-03 11:06:58

“The Decree” clarifies the hot issue “Ashton Asoke”, shouting to take the land from the expropriation to “Aor Company” to use as an entrance-exit. for the benefit of the Company’s business, not according to the objectives and not related to the MRTA business Yan did not diagnose that it might be done.

3 Aug. 2023 – Mr. Noppadon Peererek, spokesperson of the Office of the Council of State Revealed that according to information transmitted via electronic media that the Council of State has given an opinion on the condominium case in question that Construction can be done according to that law. The Office of the Council of State would like to clarify that The Council of State’s legal opinion in relation to this case was a response to the Mass Rapid Transit Authority of Thailand’s (MRTA) discussions. The Council of State considered two issues to be considered. and have opinions on each issue as follows:

point one Permission for the private sector to use the land of the MRTA as an entrance-exit for the construction of a residential condominium project, which is an extra large building. It is considered a related business for the benefit of the MRTA and in accordance with the objectives of the Royal Decree defining the land area in the area to be expropriated. In the area of ​​Chatuchak District, 1995, as amended by the Royal Decree determining the land area in the area to be expropriated in the area of ​​Chatuchak District (No. 2), 1996 or not

It was found that when the Royal Decree determining the area of ​​land in the area to be expropriated was enacted with the objective of appearing in the preamble of this Royal Decree that to build an expressway according to the first phase of the Metropolitan Rapid Transit Project The enactment of this Royal Decree is to determine the land area in the area to be expropriated so that the officer or the person assigned by the officer has the right to survey and know the exact facts regarding the immovable property to be expropriated. Including giving the authority to expropriate officials to agree to buy and sell under Section 10 of the Act on Real Estate Expropriation BE 2530 on land acquired from trading while this Royal Decree is still in force. 422/2558 and the judgment of the Supreme Administrative Court No. 44/2559

Therefore, the utilization of the land acquired from the expropriation according to the aforementioned Royal Decree must be in accordance with the objectives of the expropriation, that is, to build the expressway under the first phase of the Metropolitan Rapid Transit Project. Even later, the said land would become the property of the MRTA as a result of Section 88 of the Mass Rapid Transit Authority of Thailand Act B.E. which originally belonged to the Expressway Authority of Thailand to the Metropolitan Rapid Transit Authority and MRTA, respectively

Therefore, when the MRTA has received the transfer of such land from the Metropolitan Rapid Transit Authority, it is obligated to use that land for the benefit of the early stage of the operation of the Metropolitan Rapid Transit Authority according to the objectives of the expropriation as prescribed by law. And when Section 4 of the Mass Rapid Transit Authority of Thailand Act B.E. “Electric Train Business” means the construction, expansion, renovation, improvement, repair and maintenance of the electric train system. electric train operation, provision of parking spaces, services, facilitating and other business operations related to such business The utilization of such land must be for the construction, expansion, renovation, improvement, repair and maintenance of the electric train system. electric train operation, provision of parking spaces, services, facilitating and other activities related to the business under the Metropolitan Rapid Transit Project only.

Mr. Noppadol said that in the case of the problematic land under this discussion, the MRTA has prepared an entrance to the sky train station, sky train station, ventilation chimney. and provide space for parking for users of the MRT project Chaloem Ratchamongkhon Line But later, some areas were allowed to be used by private sectors as entrances and exits for applying for a permit or submitting a notification of construction according to the Building Control Act B.E. 2522. and for the benefit of the residents of the said private condominium construction project

by people who wish to come to park At that area, the area that is an entrance-exit may no longer be used as a parking space. As appeared in accordance with the main objectives of the Memorandum of Agreement on the use of MRTA’s land as an entrance-exit and area improvement between MRTA and Or. Company, dated June 26, 2014, which grants the right to Or. All parking areas will be used as office buildings, sales offices and billboards to promote the construction of residential condominium projects, which are special large buildings of Aor Company, for 30 months.

Including allowing to move the entrance-exit from the side next to the ventilation chimney to the Sor Samakhom side and expand the width of the aforementioned passage by another 6.60 meters, and allow the use of such entrance-exit, all of which It is land obtained from expropriation according to the Royal Decree defining the land area in the area to be expropriated. In the area of ​​Chatuchak District, 1995, as amended by the Royal Decree determining the land area in the area to be expropriated In the area of ​​Chatuchak District (No. 2) B.E. 2539, such actions are in order to enable Aor. Company to be able to construct residential condominiums, which are extra-large buildings and operate such condominium business. It is not for the benefit of MRTA and the public in order to utilize the said area according to the objectives of the expropriation. As for the benefits that the MRTA receives are only in return for the use of such land. which is not the main objective of the establishment of MRTA or the purpose of the expropriation

“As for the claim that the MRTA has made use of the expropriated land to the extent that it is suitable for the purpose of the expropriation, The Council of State is of the opinion that claiming that land has been utilized to the extent that it is beneficial It must appear that it has been used for the purposes of the expropriation until it is no longer needed for that purpose, such as the MRTA ceasing to operate the said electric train line. Or no need to have an entrance-exit to ride the train. or stop using cars to travel

Therefore, as long as such activities persist can’t claim that it has been used to the extent that it is useful for that reason Bringing the land acquired from the expropriation to the company A. Use it as an entrance – out for the benefit of the company A. Therefore, it is not used for the purpose of the expropriation. and not related to MRTA’s business.”

Mr. Noppadol said that the second issue Permission for the private sector to use the land of the MRTA as an entrance-exit for the construction of a residential condominium project, which is an extra large building. Is this considered as granting any rights in accordance with Section 75 (6) of the Mass Rapid Transit Authority of Thailand Act B.E. 2543 or not? Permission for the private sector to use the land of the MRTA as an entrance-exit for the construction of a residential condominium project, which is an extra large building. In such cases, the use of the land acquired from the expropriation is beyond the objectives of the expropriation and cannot be done. Therefore, there is no need to diagnose this issue once more. It has been published on the website of the office. Since such an opinion has been made, therefore, the claim that the Council of State has decided that it can be done is not true.

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