The Bangkok Metropolitan Administration (BMA) will use the blueprints of a hotel ordered demolished in Soi Ruam Rudee in its appeal against the decision, a BMA executive said yesterday; refer to earlier article http://thailand-construction.com/news/903–construction-news/1173-bangkok-hotel-built-illegally-faces-demolition-after-court-verdict.html
On February 9, the Central Administrative Court ruled in favour of residents in Soi Ruam Rudee in their suit against the BMA and Aetas Bangkok Hotel. The court ruled the BMA unlawfully allowed the hotel to be built on Soi Ruam Rudee, as the soi is not 10 metres wide.
Pathumwan District Office could gather evidence showing that it and the BMA Public Works Office’s Building Control Division approved construction based on information on the blueprints showing construction to be legal, the source said. If the district office was shown by the document to have supported the soi’s width as being 10 metres for its entire length, the BMA was confident it could show it wasn’t in the wrong, the source said.
Even if the BMA successfully appeals on this basis, however, it could still face a problem down the road. The company that built the hotel might decide to argue in court that the district office allowed illegal encroachment on the road that reduced the width of the soi, leading to the demolition order. This line of argument would prolong the legal fiasco, the source said.