The court handed down its decision on Sept 15, after a month of hearing the case against Rawai Mayor Aroon solos and the construction of the Eva Beach project, which was to originally comprise 22 two- and three-storey beachfront villas that 10 years ago were priced from B32.6 million up to B46.7mn each.
However, at the time the first formal complaints against the project were filed, more than 10 years ago, construction was stopped at 16 units in two- and four-storey beachfront buildings.
The Supreme Court decision supported the ruling handed down by the regional Administrative Court in Nakhon Sri Thammarat in 2017.
“The judgement stands,” said the court in its 39-page report of the hearing.
“The Administrative Court of First Instance ruled that the 1st respondent [Mayor Aroon] should perform his duties according to the Building Control Act, B.E. 2522 (1979), as well as other related laws, and must be completed within 90 days from the date the case becomes final,” the court judgement read.
The Supreme Court verdict marked the exhaustion of any avenue of appeals against the ruling by the regional Administrative Court in Nakhon Sri Thammarat, the supreme Court also noted in its judgement.
After the regional court ruling was handed down in 2017, Mayor Aroon told The Phuket News, “I am waiting for the judgement details to be sent this week. Only then will I order public works officials to issue an order for the offending structures to be removed, which will then be handed to Property Phuket Eva Group Co Ltd.”
After the notice is issued, the developer will have 30 days to remove the offending structures, he said at the time.
“If they delay in doing that, we will have the choice of either removing the structures ourselves or have a court order issued to have them do it,” he said.
“We have to uphold our responsibility, if we don’t not we might face complaints about us not performing our duties,” Mayor Aroon noted at the time.
However, despite the Supreme Court ruling now being handed down nearly two weeks ago, Mayor Aroon and Rawai Municipality have yet to announce any action to be taken against the project or its developer, the Eva Group, which at the time was overseen by Managing Director Authanop Pankamnerd.
Mr Authanop back in 2012, when the complaints against the project were initially filed, steadfastly denied that any part of the Eva Beach had been built illegally.
However, the Supreme Administrative Court has now upheld the ruling that the buildings exceeded height limits allowed within the distance from the water on the Chalong Bay beachfront. The buildings are in ‘Zone 1’, which allows structures no taller than six metres within the first 50 metres of the water line.
Also deemed illegal is a walkway constructed at the site, and landscaping along the beachfront, including the installation of swimming pools, on land that the group does not own. The land is deemed to be public land.
The Supreme Court also ruled that some of the building permits had been issued illegally as the environmental impact assessment committee that inspected and reviewed the building permit applications had not properly conducted their assessments.
Further, Eva Group was found to have exceeded even the illegally issued building permits, with the buildings not even five metres apart, as required by law.