The Supreme Administrative Court on Wednesday upheld a decision of the lower Administrative Court to dismiss a lawsuit filed by the Bangkok Mass Transit System Plc (BTSC) against the Mass Rapid Transit Authority of Thailand (MRTA) and its bidding committee for damages incurred over the Orange Line’s western extension.
The lawsuit involved the MRTA’s decision to revise the terms of reference (ToR) for bidding for the Orange Line’s western extension from Bang Khun Non to Min Buri.
The changes came despite the MRTA having already submitted the bid envelopes to several potential bidders.
The bid was later cancelled after the BTSC, which operates the BTS Skytrain, protested.
Last year, the Central Administrative Court ruled that while the changes made to the ToR were unlawful, they did not cause any damage to the BTSC.
In the court’s view, the costs the BTSC incurred by using technical and legal consultants were regular expenses for doing business. As such, it said it decided to dismiss the lawsuit.
In addition, the court found the two defendants had not revised the ToR with discrimination against the plaintiff but had proceeded according to the law, so they were not required to pay compensation.
A source said there are two other lawsuits involving changes to the Orange Line’s bidding criteria, with one involving the MRTA’s cancellation of the bidding process having been filed with the Administrative Court.
The other, for the Supreme Administrative Court, is a lawsuit filed by Move Forward Party list-MP Surachet Pravinvongvuth, also chairman of the House sub-committee studying large-scale infrastructure projects, against the transport minister and three defendants for alleged irregularities in the Orange Line bidding process.