U Khin Shwe, the owner of the Zaykabar Museum, and his son, Zay Thiha, were charged under Section 24 of the Protection and Preservation of Ancient Buildings Law (2015) and sent to Insein Prison on March 23, according to a police officer from Yangon Region police force.
On the night of March 21, the western district police force raided the home of Zay Kabar U Khin Shwe, who lives in Shwe Taung Gyar 1 ward, University Avenue Road, Bahan Township according to a police officer from Yangon Region police force.
“Zay Kabar U Khin Shwe and his son Zay Thiha were arrested by the district police force and they are now in Insein Prison,” said a police officer from Yangon Region police force.
A case has been filed against Zay Kabar U Khin Shwe and his son Zay Thiha by the Bahan Township Police Station under Section 24 of the Protection and Preservation of Ancient Buildings Law (2015) and a lieutenant colonel from the Yangon Region Command has filed a lawsuit.
Dr Khin Shwe and the Office of the Quartermaster-General of the Armed Forces signed a Memorandum of Agreement (MOA) on January 16, 2014 to allow 13.794 acres of land owned by the Ministry of Defense on Pearl Road and the buildings on the land to be used for hotel operations by BOT system to Zaykabar Company Limited. According to a Memorandum of Agreement (MOA) signed by Dr. Khin Shwe and the Office of the Quartermaster-General of the Armed Forces, a land premium of US$ 40.382 million for 13,794 acres of land (US$ 3 million per acre) and an annual fees of US$ 1.2 million for 80,000 square meters (US$ 15 per square meter) was agreed. Zeykabar Co., Ltd. will be able to sign the BOT contract within 6 months as soon as possible to get the permits from the office of the Attorney General of the Union, Myanmar Investment Commission, the regional government and the relevant ministry for concluding BOT contract. According to the complaint, a pre-agreement was reached to pay 20 per cent in one month after signing the MOA for land use and land rent, 20 per cent in 6 months, 20 per cent in 12 months, 20 per cent in 18 months and 20 per cent within 7 days before the Grand Opening.
For the first time, Zaykabar Company paid US$ 8.2764 million on February 18, 2014 and the second on August 13, 2014, US$ 8.2764 million, for a total of US$ 16.5528 million. Meetings and complaints were lodged, but the MOA was violated without payment. Prior to the BOT agreement, large-scale land reclamation was carried out in collaboration with Human Land Oversea Real Estate Development Company, a foreign company, without the consent of the lessor and four buildings including The historic buildings of the Ministry of Defense, the former Mayor House (House-C) and the Mayor's Guest House (House-D) were demolished in collaboration with a foreign company, Human Land Oversea Real Estate Development Company, without the consent of the lessor. Among the buildings demolished were House-C and House-D, which were declared archeological sites, according to the letter from Yangon City Heritage Preservation Committee and Yangon City Development Committee, and a proclamation issued by the Ministry of Religion and Culture, causing to lose the historical value and cultural heritage values for the government and the Ministry of Defense. The lieutenant colonel has filed a lawsuit to take effective legal action against Dr Khin Shwe, chairman of Zaykabar Co., Ltd., who was responsible for the unauthorized demolition of the former Mayor House (House-C) and the Mayor's Guest House (House-D) under the Ministry of Defense, and those who ordered the demolition of the buildings and those who demolished them, due to the loss of many cultural heritage values.
