The Supreme Administrative Court affirmed a lower court’s decision to dismiss a complaint filed by Bangkok Mass Transit System Plc (BTSC) against the Mass Rapid Transit Authority of Thailand (MRTA) and its bidding committee over losses incurred during the western expansion of the Orange Line.
The case emerged as a result of the MRTA’s change of the terms of reference (ToR) for bidding on the expansion from Bang Khun Non to Min Buri, despite the fact that bid envelopes had already been sent to potential bidders. The proposal was eventually terminated after the BTSC rejected the amendment, which resulted in lawsuits relating to revisions in the bidding conditions for the Orange Line.
While the Central Administrative Court concluded that the alterations to the ToR were illegal, it did not find that they harmed the BTSC. The court rejected the claim because it saw the BTSC’s spending as ordinary business expenses. The court also determined that the MRTA and its bidding committee did not change the ToR in order to discriminate against the plaintiff, but rather operated in accordance with the law.
Meanwhile, two additional cases are still in the works. One lawsuit has been filed with the Administrative Court over the MRTA’s termination of the bidding procedure. Surachet Pravinvongvuth, the head of the House subcommittee reviewing large-scale infrastructure projects, filed the other lawsuit with the Supreme Administrative Court. This case accuses the Transport Minister and three defendants of violations in the Orange Line bidding procedure.
