January 26, 2018 | By Thai PBS
Anantara Si Kao Resort and Spa, a luxury resort located on a 37-rai beachfront land in Si Kao district of Trang province will now become a legend of “untouched paradise” for tourists after the Supreme Court ruled it encroached on forest reserve and ordered it to move out.
After almost five years of legal dispute, the Supreme Court on Thursday (Jan 26) upheld the Appeals Court’s ruling that the luxury hotel encroached on forest reserves and protected mangroves forest in Tambon Mai Fad of Sikao district.
The court ordered the owner of the resort, JBB Co Ltd, to remove it’s facilities out of the area and ordered the Land Department to nullify the land ownership documents because they were illegitimately issued.
However the court said the 4.4 million baht compensation demanded by the state for damages would be exempted because the company just bought the land from first owner.
The Department of National Parks, Wildlife and Plants Conservation brought encroachment case against the resort owner in 2013 after its aerial and ground survey clearly showed the luxury hotel resort was constructed on the protected forest area.
The department then sought order from the Trang Provincial Court to revoke the land title deeds held by the resort owner, reasoning that the deeds were illegally issued. But the first court dropped the case in 2014.
The department appealed and the Appeals Court ruled in favour of the state in 2015 ordering the resort hotel to be demolished.
The company appealed to the Supreme Court in the same year with final ruling upholding the Appeals Court’s verdict. The verdict by the Supreme Court was read at the Trang Provincial Court yesterday (Jan 25) at the presence of both disputed parties.
Hat Chao Mai national park chief Narong Kong-ead, who represents the department in the case, said after hearing the final ruling that he would proceed with more lawsuits for the revocation of the illegally-issued land ownership documents as there are still many business operators encroached on national park and protected forest in Trang province.
Anantara Si Kao Resort must leave after[at]losing final legal battle to the state - Thai PBS English News