Brief Note on Four Laning of Jetpursomnath NH 8Dunder NHDP Phase III in State of Gujarat

Brief note on Four laning of JetpurSomnath NH 8Dunder NHDP Phase III in State of Gujarat under PIU Rajkot

(1)PROJECT DETAILS

Concessionaire / M/s. JetpurSomnathTollways Pvt. Ltd.
Independent Engineer / M/s Intercontinental Consultants and Technocrats Pvt. Ltd. in Association with M/s STUP Consultants Pvt. Ltd.
Appointed Date
(Date of Start) / 31.03.2012
Construction Period / 910 days (2.5 yrs)
Concession Period / 30 years including construction period of 910 days / End of concession = 30.03.2042.
Total Project Cost / •TPC as per agreement
•As per Financial package of the Concessionaire / Rs. 828.00 Cr.
Rs. 980.98 Cr.
Schedule Date of Completion of Construction work / 27.09.2014
Total Length / 123.454 Km
Physical Progress / 70.63 % (Four lane 87.20 km)

(2)BRIEF OF THE PROJECT

Total Length / 123.454 Km (11.872 Km. in Rajkot District & 111.582 Km. JunagadhDist.)
Bypasses / 3Nos for 35.90 Km. (Jetpur - 4.7Km.; Junagadh –19.8 Km&Keshod – 11.4 Km)
Re-alignments / 4 Nos. for 4.35 Km (Vanthali – 0.65Km; Kanja – 0.40Km; Agatrai – 2.20 Km &Veraval - 1.10 Km)
Service Road / 27.295 Km.
Flyovers / 1 Nos.
Road Over Bridge (ROB) / 4 Nos.
Major Bridges / 11Nos
Minor Bridges / 84 Nos.
Vehicular Underpasses / 5 Nos
Pedestrian Underpasses / 11 Nos.
Culverts / 116Nos
Toll Plaza / 2 Nos. (Km. 51+200 & Km.109+980)

(3)REQUIREMENT/ AVAILABILITY OF LAND

(A) / Total Land required / 762 Hec.
(B) / Existing ROW / 262 Hec.
(C) / Govt. Land / 120 Hec.
(D) / Total land available (A+B) / 382 Hect.
(E) / Land to be acquired (A-D) / 380 Hect.
(F) / Notification 3(D) completed / 380 Hec.
(G) / %age Land available in respect of 3(D) (262+120+380)=762/762= / 100%
(H) / 3 (G) Award issued upto 30.11.2013 for 41 villages / 260 Hec.
(I) / %age land Available in respect of 3(G) (262+120+260)/762x100= / 84%
(J) / Possession of land for 41 villages in Hec. 3 (H) / 250 Hec.
(K) / %age land in possession
(262+120+250)/762x100= / 83%
(L) / Notification 3(D) for Junagadh Bypass for 10 villages published vide S.O. No. 2392,2391,2390 dtd 6/8/2013 – Hearing of 3 (G) is in process / 120 Hec.
(M) / Village wise status of awards
(i) / Awards approved / 41 / Compensation made and land acquired
(ii) / Awards of Junagadh Bypass / 10 / Pending with CALA Junagadh
(iii) / Award of Keshod- revised alignment / 1 / Under approval at RO
Total village / 52 Nos.

(B) Sequence of Availability of Land:

Schedule from appointed date, as on 90 days , as on different Milestones of CA / Date / % availability of total land (762Hec) / Stretch taken up for construction Cumulative
(Road length 123.454 & Total Structures 232Nos) / Physical progress % / Length of 4 lane upto 2nd layer of DBM completed / % 4 lane completed out of total length 123.454
Availability (in area & %) of land with existing ROW area & published 3(D) area Cumulative) / Road length in Km / Structures
Nos.
LHS / RHS
Appointed Date / 31.03.2012 / 613 Hect. (80.45%) / 8 / 8 / 0 / 6.5 % / 0.00 / 0.00 %
As on 90 days after Appointed date / 29.06.2012 / 613 Hect. (80.45%) / 31 / 31 / 25.11 % / 0.00 / 0.00 %
I Mile Stone
(180Days) / 27.09.2012 / 636 Hect.(83.46 %) / 52 / 52 / 42.12 % / 4.50 / 3.65 %
II Mile Stone
(365 Days) / 31.03.2013 / 665 Hect.
(87.27%) / 87 / 87 / 0 / 74.47 % / 17.8 / 14.42 %
III Mile Stone
(640 Days) / 31.12.2013 / 762 Hect. Hec(100 %) / 95 / 95 / 76.95 % / 57.2 / 46.33 %
As on 30.06.2014 / 30.06.2014 / 762 Hect. Hec(100 %) / 99.5 / 99.5 / 172 / 80.60 % / 87.20 / 70.63 %
Schedule date of Completion of Four laning project
(910 Days) / 27.09.2014

(4)REASONS FOR DELAY :

• Forest Clearance (Approval for Diversion of Protected Forest )

The execution of work was also got delayed due to delay in approval for diversion of protected forest land for development of highway by the Ministry of Environment and Forest. The final approval for cutting of protected forest trees and diversion of forest land has been received only on 28 December 2012 (272 Days after Appointed Date). The land for 63.9 Km of length was made available for execution of work in the month of May 2013 after cutting of protected trees by the State Forest department.

• Handing over of Land

There is considerable delay in handing over of land due to delay in acquisition of land. At the time of appointed date only 10.5 Km length of project highway was made available. As on today 99.5 Km length of the project alignment is available for execution of work whereas 90% time of construction has already over. Delay in handing over of land is mainly due to:

i)Delay in handing over of land in Pedhla village as the Arbitration has been invoke to decide the rate for compensation of land being acquired. Due to arbitration in Pedhla village the land acquisition process of surrounding villages like Navagadh, Jetalsar, NaviSankli and JuniSankli was also put on hold by CALA Rajkot which has affected the execution of work between Ch. 0+000 to 11+120.

ii)Land owners of 6 villages between ch. 99+580 to 110+500 (Simar, Shukhpur, Dari, Supasi, sidokar and Kindarav) has filed Special Civil Application bearing no. 9269 of 2012 against land acquisition.

iii)Keshod Bypass :

Alignment proposed under CA has been strongly objected by the land owners of villages (Movana, Keshod and Kevadra) falling under Keshod bypass as land wasto be acquired only one side of already available land acquired by PWD earlier but road was not constructed. People requested to acquire equal width of land on both side of the available ROW of 30 mtr. The NHAI has to take the decision for revision in alignment. The revision in alignment further leads to revision in land requirement on either side of the earlier available land thus need modification in land acquisition. The land for service roads and other project facilities are not available even as on today and the land acquisition process is partially under 3D publication and partially 3G Approval stage. The affected length due to above is 8.4 Km between ch. 63+600 to 72+000.

iv)Junagadh Bypass :

Land for construction of Junagadh Bypass is still not acquired which is causing delay in execution of project Highway. Chorological development of land acquisition process in Junagadh Bypass is given below :-

The Four laning of Jetpur – Somnath section of NH 8D from km. 0/00 to km. 127/00 has been taken up under NHDP Phase III. The NH 8D is passing through 2 nos. of Dist. namely Rajkot (from km. 0/00 to km. 12/900) &Junagadh (from km. 12/900 to km. 127/00).The feasibility study has been conducted by Independent Technical Consultant M/s. LEA Associates South Asia Pvt. Ltd. The Consultant submitted final feasibility report in November 2009 & as part of Scope of Feasibility Study, initiated process of clearances in year 2009 – 10. As per the provision of MOEF notification S. O. 1533 Dt. 14.9.2006. The public hearing was conducted on 15.12.2009 for Rajkot Dist. at Village Jetalsar& on Dt. 05.01.2010 for Junagadh Dist. at Shamaldas Town Hall, Junagadh.

• Initially as per the final feasibility report the consultant proposed partial realignment of existing Junagadh bypass section along with construction of missing link. As per the feasibility report realignment was proposed from km. 34.05 to km. 43.05 of NH 8D. The proposal was presented before the affected people as part of presentation made in public hearing Dt. 5.1.2010 at Junagadh by NHAI. The Public present protested the proposal during public hearing & by the way of representation submitted at various levels subsequently, as Chairman the Collector Junagadh also insisted “In the best interest of development of Junagadh City the Junagadh Bypass shall be planned away from the existing bypass”. Accordingly, the consultant studied more options for new alignment of Junagadh Bypass & proposed the present alignment under consideration through above villages on. 05.02.2010. The Competent Authority NHAI has approved present alignment which is passing through Vadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali and Shapur on 06.02.2010. Accordingly Ministry of Road Transport & Highways (Highway section) accord final approval for Jetpur – Somnath road NH 8D km. 0/000 to km. 127.600 under NHDP phase –III in the DBFO pattern on BOT (Toll) basis on 24.06.2010 with actual length 123.45 km and cost Rs. 1141.97 Cr.Agreement is signed with the concessionaire on Dt. 07.02.2011 and work started by the concessionaire after fixing of appointment date on Dt. 31.3.2012.

On publication of notification under section 3 (A) for land acquisition under NH Act 1956 for above Junagadh bypass alignment vide notification S. O. 2594 (E) Dt. 19.10.2010 & the affected people of village Saragwada& others filed a Special Civil Application before Hon’ble High Court of Gujarat vide SCA 10826 of 2011 and by Khedut Hit RakshakSamiti led by Sh. ATUL G. Sekhada vide SCA 14237 of 2011 with High Court. Hon’ble High Court issued orders in this regards on Dt. 29.12.2011, Dt. 1.3.2012 and 23.1.2012 respectively & observed that :

• The Petitioner have failed to establish that the decision of changing the alignment of bypass is mala fide & taken at the instance of local leaders & therefore said contention is hereby negative.
• Therefore, it is hold that the authorities have rightly finalize option no. 2 for construction of bypass.
• Authorities have failed in following the directions issued in the aforesaid notification Dt. 14.9.2006 issued by MOEF, GOI.
• The authorities have not followed the mandatory provisions of section 3(A) (3) of NH Act 1956 while issuing notification Dt.19.10.2010.

As resultant, (1) The notification under 3 (A) of NH Act 1956 published vide S. O. 2594 Dt. 19.10.2010 was quashed & set aside along with subsequent procedures under taken in this regard. (2) The Public Hearing as per the provision of said MOEF Notification shall be held for the villages included in the notification above (1).

As per the notification of MOEF the public hearing shall be held by State Pollution Control Board i.e. Gujarat Pollution Control Board (GPCB).

The Public Hearing :

As per the provisions of Notification the advertisement for public hearing was published in 2 leading news papers (One Gujarati & one English ) on Dt. 25.5.2012. The location of public hearing i.e. Village Koyali Tal. : Vanthali Dist. Junagadh was selected by GPCB All the arrangements were made by NHAI on directive of GPCB.

The public hearing was attended by more than 800 people (however the attendance register was signed by 285 persons) of Vadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali and Shapur falling on proposed Junagadh bypass alignment & conducted under the Chairmanship of the Resident Addl. Collector Sh. A. V. Vadher, Dist. Junagadh. All the procedures in this regards were completed by NHAI & GPCB as per the provisions of respective notification.

Summarily, a very strong oppose from most of the people present during public hearing objected the presently approved alignment of Junagadh Bypass which is passing through Vadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali and Shapur. The strong opinion was expressed for widening & four laning of existing bypass only. (The Copy of Minutes of Meeting & public hearing proceeding is submitted to the Director (IAA – Division) MOEF New Delhi by GPCB Gandhinagar vide letter Dt. 24.6.2010.

As per the procedure the Videography & Photography of entire proceeding was made & uploaded to the website of GPCB. The 44 nos. of representation received in public hearing were also replied by NHAI individually through GPCB. All the procedures were documented in Gujarati & English both languages. The report regarding Junagadh bypass alignment is submitted to the Director (IA-III) MOEF, New Delhi on date 23.2.2013 after conducting public hearing at Koyali on Dt. 26.6.2012 and decision taken by NHAI HQ on Dt. 19.2.2013.

Conclusion, Opinion & Comments of PIU :

• The NHAI has followed directive of Hon’ble High Court orders & completed the procedure of public hearing as per the MOEF, GOI Notification Dt. 14.9.2006.
• The Competent Authority NHAI has approved present alignment passing through Vadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali and Shapur on Dt. 19.2.2007 &Hon’ble High Court has conferred the decision of NHAI.
• The project has been accorded Environment clearance / CRZ clearance vide MOEF, F. No. 10-60/2009-IA.III Dt. 29.9.2010. The EC issued on the basis of presentation made before High level committee of MOEF which was based on present approved alignment of Junagadh Bypass only.
• As per the present demand on widening of existing bypass instead of following proposed approved alignment for Junagadh bypass the feasibility study consultant initially pointed out limitations of widening of existing bypass in main feasibility report para 8.4.1 pg. 8 – 6, 8-7 & 8-8 – briefly as below

a)Widening of existing carriageway (existing bypass) requires acquisition of land (30 mtr. wide addl. land), properties & it would call for shifting utility lines.

b)It would require 1 no. of new four lane ROB across the JunagadhKoyali Railway line at km. 35.200 & addl. 2 lane ROB adjacent to the existing 2 lane ROB across the Koyali – Shapur Railway line near km. 42.100.

c)Major junction improvement would be required at km. 36.500 (popularly known as Timbawadi, with very congested development all around).

d)To facilitate traffic moving towards Junagadh City it would required service road of width of 7 mtr for not less than 3.5 km.

e)As per comparison made vide Table 8 -3 the option of adopting widening of existing bypass may affect 3094 nos. of Pakka Structures & 1875 Sqm. of compound wall. In addition to that four nos. of cultural properties are also been affected.

• Opinion has already been taken from M/s Lea Associates South Asia Pvt. Ltd dtd 19/9/2012.

• Considering demerits mentioned by feasibility consultant, the constraints of acquisition of land & the addl. cost of construction of 2 nos. of ROBs the widening of existing bypass seems to be less viable option.
• As per public opinion expressed strongly during public hearing Dt. 26.6.2012 the alignment passing through Vadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali, and Shapur finalized by NHAI is not acceptable to people & broadly the demand is to widen existing bypass only.
• NHAI HQ on Date 19.2.2013 informed that the Junagadh bypass shall be constructed along the alignment defined in the Concession agreement and not along existing bypass keeping the considered view of the Hon’ble High Court of Gujarat that NHAI has rightly finalized the alignment technically most viable option as per technical consultant, opinion of the Junagadh Collector during feasibility stage & social consideration.
• The notification of Junagadh bypass 3(A) S O No. 1879 Dt.17.8.2012 and 3 (D) SO No. 2390, 2391 & 2392 Dt. 6.8.2013 are published in Gazette of India respectively.
• The award of land acquisition is in process at level of Competent Authority Land Acquisition, Junagadh.
• The facts submitted in Hon’ble High Court of Gujarat are based on the report of Consultant Dt. 5.2.2010 and NHAI HQ note sheet Dt. 6.2.2010. The increase in total cost of work has been taken from these letters.
• The alignment is finalized by the technical consultant appointed for this work and as per para 1.3.3 Conclusionof Alignment option study report on Junagadh bypass which is as under :

“It can be noted from the above comparative tables that option 3 on right hand side of existing road has maximum advantages for construction of bypass. Any other option towards left side or right side of the proposed alignment will lead to either

1)Bring the road nearer to the urban sprawl;

2)Increase the length of the bypass which will in turn increase the acquisition of more land;

3)Construction of more bridges on the stream at right side of the proposed alignment;

Due to above mentioned clarification the alignment adopted is actually the optimum possible alignment of the Junagadh bypass. Hence it is recommended for the project.” So this is a most feasible alignment.

• Various options are shown on various maps are only indicative and option number was depends upon the no. of proposal alignments on the subject map.
• There is no confusion with regard to proposal alignment for which public hearing conducted at Junagadh on Dt. 5/1/2010 and Dt. 26/6/2012 at Koyali. The land acquisition notification of 3 (A) in gazette of India is the main record by which public knows about the alignment in question. On 3 (A) notification Dt. 19.10.2010 publication Khedut Hit RakshakSamiti led by Sh. Atul G. Sekhada went in to Hon’ble Court against this alignment which is passing through Vadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali and Shapur (10 villages) and then court holds the alignment in favor of NHAI and only objected for conducting public hearing of GPCB for the affected persons, accordingly the hearing was conducted on Dt.. 26/6/2012 at Koyali for affected persons of Junagadh bypass alignment passing thoughVadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali and Shapur and in such large nos. people attended hearing so there is no confusion of alignment. Even people objected this alignment and asked to follow existing Junagadh bypass for widening which is on record. So it is amply clear that people are very well knowing about the alignment for which hearing is conducted.
• The work of Junagadh bypass is not started because of strong opposition of people of 10 villages Vadal, Sukhpur, Saragwada, Virpur, Galiyawada, Wadhavi, Taliyadhar, Nadarkhi, Koyali and Shapur falling on the alignment.
• The concessionaire started work on Jetpur – Somnath road on Dt. 31.3.2012 and the work completion date is 27.9.2014.
• There is PIL filed by Khedut Hit Rakshaksamiti led by Sh. Atul G. Sekhada No. 283 of 2013 against the alignment of Junagadh bypass and procedure followed for land acquisition by CALA Junagadh which is pending with Hon’ble High Court. The Collector Junagadh and Competent Authority for land acquisition were hesitant for passing the awards for compensation of land acquisition of 10 nos. Villages. An early hearing application was filed before the Hon’ble High Court which was disposed off by the Court giving directions to Competent Authority to submit the reply before the next date. The next date of hearing is 03.07.2014. The CALA Junagadh has issued 3 (G) hearing dates for 2 villages again as 11th July 2014. In fact during the earlier hearing of 3 (G) none of the land owners appeared before the CALA Junagadh.
• The affected length due to above is 19.8 Km between ch. 20+850 to 40+650.

v)Due to creation of New Dist. Of Gir Somnath on 15.8.2013 the Competent Authority Junagadh refused to work for New Dist. There is considerable time was required for appointment of new Competent Authority for new Dist. Gir Somnath.

vi)The post of Competent Authorities at Rajkot & Junagadh was remained vacant for almost all the time and the additional charge was given to other officers who were already holding additional charge of many offices. It was not possible for the Competent Authority to spare sufficient time for land acquisition work.

vii)Due to General elections of State of Gujarat Central Govt. the land acquisition process was badly hampered during the period of Elections procedure.

viii)There was no Secretary level meeting conducted by the State of Gujarat to expedite the process of land acquisition.

ix)There is considerable delay in handing over of land between Ch. 9+000 to 35+000 as the issue of getting clearance from National Board of wild life (NBWL) has been raised by the Deputy Forest Conservative. The executions of work are being put on hold in above stretch of 26 Km till the clarity on the issue.

• Utility Shifting

i)A dispute has arisen between NHAI and PGVCL in respect of shifting of electric overhead line with the underground cable crossing.PGVCL has submitted their estimate for shifting of existing overhead electric line crossings with the underground cable crossing considering the safety of the road user and as per the IRC guideline. But keeping the work as an up-gradation of the existing utility the estimate could only be approved by the NHAI in November 2013. Till approval of the above estimates PGVCL has not allowed shifting of parallel electric lines also this resulted in to delay in execution of works.