Bangkok’s Ashton Asoke in legal crisis over construction permit

Image courtesy of Bangkok Property Agency

The 50-storey Ashton Asoke Condominium in Bangkok, an impressive high-rise establishment, is in hot water. After a recent judgement by the Supreme Administrative Court revoked its crucial construction permit, the Governor of Bangkok, Chadchart Sittipunt, faces increasing pressure to intervene. This decision escalates the ongoing legal conflict involving the 233 billion baht project, located in the Watthana district.

This judgement puts the futures of approximately 580 people in jeopardy, as they previously acquired units in the Ashton Asoke condominium. their planned new homes are now hampered by regulatory hurdles. The massive development houses a total of 783 units.

Srisuwan Janya, an activist at the forefront of the battle against the condos, pledged to petition Governor Chadchart, compelling an immediate inquiry into the internal workings of the Bangkok Metropolitan Administration (BMA). As the president of the Stop Global Warming Association, Srisuwan was among those voicing concerns about the Ashton Asoke project, alongside a nearby community of residents. They intend to scrutinise those within the BMA who greenlit the now void construction permit bestowed on Ananda Development Plc, the project’s developer.

“These BMA officials will have to be held responsible for their roles in the approval of the illegitimate permit. If Mr Chadchart fails to take action immediately, myself and the other affected parties will petition the Anti-Corruption Commission to take action against Mr Chadchart as well”

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Thursday’s judgement didn’t pass unnoticed in the real estate arena. An ominous spectre hangs over a minimum of 13 residential ventures and over 100 shopping mall initiatives. These projects mirror Ashton Asoke’s land usage practices and could potentially face a similar onslaught of legal challenges.

Catalysed by this judgement, Srisuwan’s association, and 15 Sukhumvit 19 Yaek 2 settlement residents, launched their lawsuit against the chief of the Watthana district office and four other district officers – the initial overseers of the project’s permit approval. A wider range of BMA officials may come under fire, according to the impassioned demands of the affected residents and observers.

The Supreme Administrative Court’s ruling stated that the permit was illegal due to the Ashton Asoke project’s failure to satisfy specific regulatory standards. The project lacked an appropriate entrance, a requirement under the building control legislation that mandates a minimum width of 12 metres connecting to a thoroughfare. A significant contradictory detail was the project’s collusion with the Mass Rapid Transit Authority of Thailand (MRTA). They’d unlawfully encroached on part of MRTA’s land to serve as the project’s doorway.

Despite the ruling, Ananda Development Plc remained firm. The developer argued in their official statement that the Ashton Asoke project received endorsements from up to eight different state agencies before kick-starting the construction. These agencies, among them the Ananda MF Asia Asoke Co., a joint venture that managed the Ashton Asoke project, granted permission for the venture, reported Bangkok Post.

“We’ve adhered to every legal requirement while applying for the construction permit.”

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Mitch Connor

Mitch is a Bangkok resident, having relocated from Southern California, via Florida in 2022. He studied journalism before dropping out of college to teach English in South America. After returning to the US, he spent 4 years working for various online publishers before moving to Thailand.

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