Building owners petition Hua Hin municipality to postpone demolition of waterfront structures scheduled for 25 September
Building owners have petitioned Hua Hin City Municipality to postpone waterfront demolition scheduled to begin on Friday, 25 September, citing a pending appeal over their claimed land rights.
The petition concerns 15 buildings between the Fishing Pier and Chao Mae Thap Thim Shrine that the municipality plans to remove from public land following court rulings.
The owners are seeking urgent talks with the mayor and have raised concerns about the impact of demolition on their homes and livelihoods.
Owners cite pending land rights appeal
Nongyao Huekhan, 73, a representative of the affected owners, said on Friday, 18 September, that their lawyer had raised the rights of long-established communities during the Supreme Administrative Court proceedings.
“Our lawyer submitted that this area falls within measures concerning residents of long-established communities. If it can be established that this was an original settlement, the state must register the land for residential use,” she said.
“But the court did not consider this point. It said the residents had not brought a claim seeking a determination of their land rights. Instead, they had challenged point 4, concerning the prohibition on entering the buildings, and point 7, concerning the requirement to demolish them. The court therefore considered only those issues.
“That made us realise there might be a way forward if we pursued a case to establish our land rights. We submitted a request through the Office of the National Land Policy Board, following the required procedures, but it was returned. The office said that where a matter had already been before the courts and a judgment had been issued, it would not interfere with the courts’ authority.
“We therefore brought a case seeking a determination of our land rights before Hua Hin Court, part of the Courts of Justice, around late 2025 and into 2026. The case has been through the court of first instance and is now before the Court of Appeal.”
Nongyao said the owners had raised the appeal during the mayor’s visit to the site.
“When the mayor came to inspect the area, we referred to our appeal concerning the determination of our land rights and asked for demolition to be postponed. But the municipality is relying on the final Supreme Administrative Court judgment as the basis for proceeding with demolition.
“The municipality must also take our land rights case into account, because that also involves a court order. Once there is a decision on our claim, or if the court refuses to accept it and the matter falls away, then you can proceed. Why rush to demolish the buildings now?”
Concerns over homes and livelihoods
Nongyao also called for the municipality to assess the consequences for residents and arrange support for those affected.
“You represent the people, so you should show some sympathy for them. Before demolition, the municipality must appoint a committee to assess how residents will be affected, how many people are involved, and arrange alternative places for them to earn a living.
“Once the buildings are demolished, where will they live? Where will they work? Not everyone has another home to go to. What are they supposed to do?”
Suntree Kumphra, 62, whose building is among those facing demolition, said the owners submitted their petition on Thursday, 17 September, after municipal officials posted the demolition notices.
“We asked the mayor whether he could help resolve the situation, ease the impact or give us more time, because residents still need to exercise their rights to challenge the action,” she said.
“This gives us very little time. Can the demolition order be postponed? We want the mayor to meet the building owners as urgently as possible, because the notice sets a deadline of 25 September.
“We are ready to sit down together and find a solution.”
Waterfront demolition follows court rulings
The planned demolition follows a Supreme Administrative Court ruling dismissing the owners’ challenge to municipal orders prohibiting use of the buildings.
The Supreme Court had already issued a final ruling in 2014 ordering demolition in cases involving 40 owners whose buildings encroached on public land along this stretch of the waterfront.
Fourteen owners have complied, leaving 26 outstanding cases. Demolition in 11 cases will be funded by the Marine Department, while the municipality will fund the other 15.
The municipality notified the owners who had yet to comply of the court outcome and instructed them to complete demolition within 30 days of receiving the notice.
It said none had notified officials that they had complied with the orders. Officials subsequently posted notices giving owners seven days’ advance warning before municipal demolition work begins on 25 September.