Court orders illegal parts of Aetas hotel in Ruamrudee to be torn down

The Supreme Administrative Court ruled on October 30, 2014 for partial demolition of the Aetas hotel and residences within 60 days, after finding construction of the hotel violated the law. 

The yesterday court recognised that the Pathumwan director had stopped construction and use of the building after the ruling but also said its efforts were incomplete and delayed. 

It said officials had claimed they were waiting for an appeal by firms against the order and another lawsuit filed at the Administrative Court against the governor and district director. The court said they could not argue with the Supreme Administrative Court ruling as it was final and had concluded that the width of Ruamrudee was less than 10 metres.

The court warned any further delay could lead to a Bt50,000 fine and a notification to the administrators’ supervisors or the prime minister to launch disciplinary punishment.

The court instructed the BMA governor and Pathumwan director to exercise their power under Article 42-43 of the Buildings Control Act BE 2522 (1979) to order a building owner or occupant to demolish the building fully or partially within a given timeframe (at least 30 days) and via legal means. 

 

Abuse of authority

The law stated that a failure to demolish the building as ordered could result in arrest and officials’ tearing down the building at the owner’s expense. 

The legal execution order was issued as per a request on August 3 by 24 long-time residents in the soi.

The case stems from a suit filed by the 24 residents against the governor and district director for negligence of duty by granting a permit for Larp Prathan and Thaptimtorn companies to build the hotel and residence building. 

The permit was issued despite a ministerial regulation in the Buildings Control Act prohibiting a very tall building on a soi with a surface width less than 10 metres.

The plaintiffs’ authorised lawyer Chalermpong Klabdee said he would see what the governor and district director do following the court order. He understood that demolishing such big buildings would take time, but said it should not take longer than a year. If it took too long, the plaintiffs might file another complaint at the Administrative Court against the officials for the criminal charge of abuse of authority. 

The demolition would be done on the illegal parts of the 24-storey Aetas Bangkok hotel so it will be within legal height and have less than 10,000 square metres in space for use. 

The hotel building with 214 rooms and its adjacent 18-storey serviced apartment building with 242 rooms cost at least Bt3 billion to build.