BANGKOK Governor Chadchart Sittipunt said his deputy is holding talks on the Ashton Asoke luxury condo case today (Nov. 25) after the Central Administrative Court passed a verdict to resolve land procurement within 180 days, Matichon newspaper said.
The Siam Society under the Royal Patronage had filed a case over the development of project with the three parties named being the Bangkok Metropolitan Administration, the Mass Rapid Transit Authority of Thailand (MRTA) which granted usage of a 13-metre side road to the project, and Ananda MF Asia Asoke Co., Ltd., Ananda Development Plc’s joint venture company in which it holds 51% stake.
According to a Silk Legal article, the basis for the claim comes from Section 2, Paragraph 2 of the Ministerial Regulation No. 33 (B.E. 2535) (1992), which stipulates that a high rise building with more than 30,000 square metres of total floor area must have a side road that is at least 12 metres in length connecting to a public road. This is defined by the Ministerial Regulation as a road that the public can enter or pass through with or without a fee. Ashton Asoke condominium, with a total floor area of 55,348 square metres, is subject to this requirement. Though it appears to have complied accordingly, the Central Administrative Court has ruled that the development’s 13-metre side road does not meet the Ministerial Regulation’s requirements, as it is considered an expropriated public road managed by the Mass Rapid Transit Authority of Thailand.
The court had ordered all three defendants to find land on any side adjacent to the road of not less than 12 metres in length within 180 days and if not the part of the 51-floor luxury condo building that is higher than the legal limit will be demolished.
The court acknowledged that 668 units of a total of 783 in this project had been transferred to buyers and they would be affected, thus urging the three defendants to resolve the problem within the fixed timeframe.
Chatchart said while visiting Patpong Museum that Deputy Governor Mr. Witsanu Subsompon was holding talks on the verdict with the Public Works Department and Wattana district officials today. A working group will be set up with representatives of MRTA and Ananda MF Asia Asoke Co., Ltd. invited to join in to work out compliance with the court order.
That condo owners and the juristic person proposed holding a discussion, even though the case has not been yet finalised with an appeal to the Supreme Administrative Court being possible, is positive because everyone’s views should be heard, Chadchart added.
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Top and Front Page: Bangkok Governor Chadchart Sittipunt discussing the Ashton Asoke luxury condo case today, Nov. 25, 2022.
Insert: Ashton Asoke condo project. All photos: Matichon
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