Ananda trusts Ministry of Transport committee's progress on the Ashton Asoke case
Recently, several online publications have erroneously circulated news claiming that the Ashton Asoke Condominium Project is at risk of demolition if a legal solution is not reached within the next three months.
The information was dated March 6, 2024, and has been widely disseminated across online media.
The news coverage addresses the enforcement issue related to the Ashton Asoke case, where the Supreme Administrative Court ruled to revoke the construction permit.
The court determined that the permit for Ashton Asoke was unlawfully issued but did not mandate the demolition of the project or specify any other enforcement measures.
Instead, the court set a three-month deadline for the Bangkok Metropolitan Administration (BMA), Ananda MF Asia Asoke, and the Mass Rapid Transit Authority of Thailand (MRTA) to resolve the matter in accordance with the Building Control Act within 180 days.
If these three agencies fail to reach a resolution within the specified timeframe, the BMA is obligated to invoke the Building Control Act by demolishing the portion of the building that exceeds the road width within 90 days.
As the published content contains inaccuracies, there is a risk of confusion and misinterpretation among co-owners and the public regarding the judgment of the Supreme Administrative Court.
Ananda MF Asia Asoke Co., Ltd. (the "Company") would like to clarify that the news articles reference the details of the judgment from the Central Administrative Court, Black Case Number 450/2560, Red Case Number 2413/2565, involving the Siam Society Under Royal Patronage (the Plaintiff) vs. Governor of Bangkok (the 1st Respondent), Director-General of the Public Works Department (the 2nd Respondent), the Director of Wattana District (the 3rd Respondent), and Ananda MF Asia Asoke Co., Ltd. (the 1st Interpleader), MRTA (the 2nd Interpleader), and Ashton Asoke Condominium Juristic Person (the 3rd Interpleader).
In relation to the case, the Central Administrative Court ruled that “the 3 Respondents shall jointly consult with the 1st and 2nd Interpleaders to determine a solution to resolve the unlawful construction within 180 days from the court's final judgment date.
Failure to do so, the 1st and 3rd Respondents shall exercise their power to dismantle parts of the constructions that are deemed unlawful within 90 days.” This clarification aims to provide an accurate understanding of the court's decision and prevent any potential misinformation."
At present, all parties involved have appealed the judgment of the Central Administrative Court to the Supreme Administrative Court. The case is currently under consideration by the Supreme Administrative Court. Consequently, the case has not been finalized, and no legal enforcement has taken place as of now.
For clarity, the Ashton Asoke Condominium Project is still involved in a pending case, specifically Black Case Number OrSor.67/2564 and Red Case Number OrSor.188/2566.
This case is between the Stop Global Warming Association, et al. (the Plaintiff) and the Director of Wattana District (the 1st Respondent) along with 5 other respondents (the Respondents), and Ananda MF Asia Asoke Co., Ltd. or Ananda Development Two Co., Ltd. (the Interpleader).
Concerning this case, the Supreme Administrative Court issued a ruling on July 27, 2023. The court decided to revoke the receipt of the letter of intent for construction without specifying any time period for the enforcement of the case."
The Company maintains faith and confidence that government agencies will be able to impartially and fairly determine solutions to address the aforementioned issues.
On October 24, 2023, the Ministry of Transport appointed a working group to expedite the determination of solutions, aiming to resolve problems and minimize the impacts on individuals affected by the Ashton Asoke Condominium Case.
Furthermore, the Ministry of Transport has directed the establishment of a dedicated committee tasked with exploring problem-solving approaches for the parties affected by the permission to use the area of the Mass Rapid Transit Authority of Thailand (MRTA). This committee has the authority to propose solutions and measures to alleviate the impact on individuals who have been adversely affected by these issues.
At present, the designated committee is diligently examining the pending issues to determine the appropriate course of action for their resolution. It is anticipated that a conclusion will be reached in the foreseeable future.
In this regard, the Company is committed to providing full cooperation to the designated committee and expresses sincere appreciation for the efforts of all government agencies in assisting with the resolution of these issues, taking into consideration the effects on all parties involved."
