Page 221 - BTSGroup ONE REPORT 2021/22_EN

BTS Group Holdings Public Company Limited
Annual Report 2021/22
services for the Bus Rapid Transit (BRT) service for a period of 6 years,
commencing from 1 September 2019, are provided under an agreement
with Krungthep Thanakom granting rights to operate the Bus Rapid
Transit (BRT) project. BTSC has received a consideration over the
concession period, as stipulated in the agreement.
1.2.5 Mass transit project - Orange Line
On 21 October 2020, the Company, BTSC and Sino-Thai Engineering
and Construction Public Company Limited under the names of “BSR
Joint Venture” for the Orange Line Project (Bang Khun Non - Min Buri 1.3 U-Tapao International Airport and Eastern Aviation City
(Suwinthawong)) (“Orange Line Project”), having a track length of
35.9 kilometers, in which they have interests of 38%, 42% and 20%,
respectively.
On 9 November 2020, BSR Joint Venture jointly submitted a bid proposal
for the Orange Line Project to the Mass Rapid Transit Authority of
Thailand (“MRTA”). Subsequently, on 3 February 2021, MRTA announced
the cancellation of the invitation to jointly invest in the Orange Line
Project through a public-private partnership and cancellation of the
selection process.
Subsequently, on 22 February 2021, the Company as the complaint filed
a lawsuit against the governor of MRTA and the selection committee
concerning the Bang Khun Non - Min Buri (Suwinthawong) section of
the Orange Line Project in the Central Criminal Court for Corruption and
Misconduct Cases on the grounds. On 5 May 2021, the Court issued
an order to accept the case for preliminary examination.
On 1 April 2021, the Group as the claimant filed a lawsuit against the
selection committee concerning the Orange Line Project and the MRTA
to the Central Administrative Court on the ground of the two defendants
collaboratively or representationally issuing illegal administrative order
cancelling the invitation to the Public-Private Partnership of the Orange
Line Project and cancelling the selection of the private company to
6.4 Notes to Consolidated Financial Statements 219
venture into the project after the Central Administrative Court has
already issued a mitigation order including the claim. On 9 February 2022,
the Central Administrative Court rendered the amendments and
changes the selection process documentation no.1 are illegal but
not claim for the infringe the plaintiff. Therefore, the court dismissed
the case. Subsequently, on 11 March 2022, the Group submitted an
appeal to the Central Administrative Court. Currently, the case is under
the consideration of the Supreme Court.
Development Project
On 21 March 2019, the Company, Bangkok Airways Public Company
Limited and Sino-Thai Engineering & Construction Public Company
Limited (“STEC”) jointly submitted the proposals under the name of
“BBS Joint Venture” (in which they have interests of 35%, 45% and
20%, respectively) to Royal Thai Navy in order to invest in U-Tapao
International Airport and Eastern Aviation City Development Project.
This project is a public-private partnership. On 31 January 2020, the selection
committee announced the result of the price proposal consideration,
with BBS Joint Venture offering the best returns to the state.
On 19 June 2020, U-Tapao International Aviation Company Limited
(“U-Tapao”) (as a joint venture company of BBS Joint Venture) signed the
joint venture contract for the U-Tapao International Airport and Eastern
Aviation City Development Project with the Eastern Economic Corridor
Committee (“EECC”). U-Tapao has to carry out the scope of duties and
responsibilities as stipulated in the contract, including sharing of benefits
between U-Tapao and EECC and transfering rights in related assets to
EECC. The partnership project has a term of 50 years starting from the
project start date, which is currently being determined.
1.4 Bang Pa-In - Nakhon Ratchasima (M6) and Bang Yai -
Kanchanaburi (M81) Intercity Motorway Projects
On 27 June 2019, the Company, Gulf Energy Development Public
Company Limited, STEC and RATCH Group Public Company Limited