Brief Note onGurgaon–Kotputli-Jaipur Section of NH–8

Project Length – 225.600 Km (Km 42.700to Km 273.000)

The project length is 225.600 Km (Haryana: 42.700 to 107.000=64.300 Kms & in Rajasthan: 107.000 to 273.000=161.300 Kms)

(a) / Date of Concession Agreement / : / 6th June 2008
(b) / Appointed Date / : / 03.04.2009
(c) / Concession Period / : / 02.04.2021
(d) / Provisional COD issued on / : / COD yet to be issued
(e) / Toll Collection Started on / : / 03.04.2009
(Revenue share to be shared with NHAI @ 48.06% on appointed date and to be increased @1% every year). NHAI share is 52.06% as on dated
(f) / Completion Certificate issued on / : / Yet to be issued
(g) / Total Project Cost (TPC) / : / 1896.25 Cr.
(h) / Negative Grant Paid by Concessionaire to NHAI / : / Nil
(i) / Completion Cost of the Concession/ Financial close / : / 3009.01 Cr ( as reported by Concessionaire in latest Monthly Progress report)

PROJECT BACKGROUND

NHAI has taken up the project upgradation of existing 4-lane highway to six laning of Gurgaon-Kotputli-Jaipur section of NH-8 (Km 42.70 to Km 273.00) as an access controlled 6-lane highway on BOT (Toll) basis under NHDP Phase-V.

The agreement was signed by Authority with Concessionaire, Concessionaire (PCEPL) with Authority on 6th June 2008 and thereafter appointed date was fixed as 3rd April 2009. As per concession Agreement the completion date was 1st Oct.2011(912days after appointed date) & concession period of 12 years. The Independent Engineer, M/s. SNC-Lavalin-Aarvee Associates (JV) was appointed 0n 19/1/2009 by Authority for this project.

The cost of the project as per CA was 1896.25 Cr and the revised cost as per concessionaire is 3009.01 Cr. As per CA, revenue to be shared with NHAI @ 48.06% on appointed date and to be increased @1% every year. The project length is 225.600 Km (Haryana: 42.700 to 107.000=64.300 Kms & inRajasthan: 107.000 to 273.000=161.300 Kms). As per CA/ COS , the structures include : 52 Nos. flyover Including 1 Elevated structure at Kotputli PUP+VUP : 31 Nos, Major Bridges: 3 Nos.( 2 in Rajasthan and 1 in Haryana, ), ROB 1 Nos. (Widening) in Bawal-Haryana.The ServiceRoad length is 221 Kms on both sides except at Major Bridges and ROB’s, BusBay: 51Nos. Truck Lay bay: 16 Nos.Entry/Exit: 148 Nos.

The Project has been delayed due to non availability of land / utility shifting , irrigation land and forest land transfer and also due to financial crunch of concessionaire since lenders have insisted on 100% land availability for the project . The NHAI could not complete the Land Acquisition process due to non cooperation of State Revenue officers, as CA(LA) other departments like Forest, Irrigation etc and frequent public representations on modification of structures etc even though the scheduled six laning date was over on 1st October 2011.

There were total 83 structures (Flyover+VUP+PUP) after undergoing number of changes in various changes of Scope orders based on certain public representations. Since, the Concessionaire could not take up many structures and the anticipated land acquisition process could not take place thereby the execution got delayed / Progress hampered. Hon’ble Minister Road Transport & Highways has also taken various high level meetings in recent past with Top Authorities of NHAI, Concessionaire, IE & Lead Lender to resolve the issues for early Completion of Said Project. Accordingly, NHAI has signed a Supplementary Agreement with Concessionaire on dated 20.12.2013 for restructuring the said project with deletion & delinking of certain structures, accordingly, Concessionaire has to complete total 53 structures with complete six laning upto 15thJuly’14 and four more structures upto 15th Oct.’2014 but Work progress by Concessionaire is very-very slow i.e. just negligible after signing of said Supplementary Agreement inspite of several meetings at the highest level.

NHAI has issued intention to termination notice to the Concessionaire vide No. NHAI/NHDP-V/MC-II/BOT/Concessionaire/05/3941 dated 11.02.2014.

M/s. IDBI Lead Lender vide their letter no. IDBI/ICG/Delhi/13-14/1889 dated 24.02.2014 has requested to NHAI to continue with the same Concessionaire. NHAI, HQ vide letter no. 3982 dated 04.03.2014 has conveyed to Lead Banker M/s. IDBI Bank that NHAI has no objection to permit the Concessionaire a period of 180 days from the date of signing of restructuring Loan Agreement in order to achieve the targeted COD as envisaged under Supplementary Agreement dated 20.12.2013, if Lenders are satisfied with the action of the Concessionaire and Undertakes that the Concessionaire shall complete the six laning work by the stipulated date envisaged under the Supplementary Agreement, NHAI HQ vide letter no. 34 dated 06.05.2014 has again requested to Lead Banker M/s. IDBI to intervene in the matter and take appropriate measures immediately so as to insure timely completion of the project of national importance as per the Supplementary Agreement by resolving the financial issue so that the Concessionaire may not take any excuse regarding financial crunch at later stage.

As per Supplementary Agreement signed between Concessionaire & NHAI on dated 20.12.2013, Concessionaire has to complete total 57 nos. of structures by 15th Oct’2014 out of which total 35 Nos. of structures has been completed.

Till date, total 169.50 Kms equivalent six laning has been completed out of total 225.600 Kms. BC is completed in equivalent 85 Kms.

Concessionaire M/s. PCEPL vide letter dated 28.05.2014 has requested to Chairman, NHAI to examine whether NHAI could take over the balance work of the Project Highway and get it completed by investing its funds and recover the same with interest from Toll Collection Revenue. NHAI, HQ vide letter dated 29.05.2014 has requested to IDBI Bank Ltd. (Senior Lender) to come up with a proposal and attend NHAI, HQ at 11.30 AM on 03.06.2014 for further discussion and finding a solution.

O&M: The project highway maintenance issue is pending with concessionaire for long time. IE has already issued several Notices to concessionaire and NHAI HQ has also issued Notice on 30/8/13 to concessionaire. Hon’ble Minister RT&H also conducted several meetings in recent past with higher authorities of NHAI, IE, Concessionaire & Lead Lender for immediate O&M and early complete of said project. After that, Concessionaire has started O&M works which was stopped since Dec.’2013.Now said O&M work w.r.t. Urgent Repairs is being carried out by third party at the risk & cost of the Concessionaire separately in Haryana & Rajasthan portion.

Total (4x2) Diversions are there in Haryana part which has been overlaid. In Rajasthan Total 12+14 = 26 Diversions are there, out of which 19 has been overlaid/repaired. Patch repair & Pothole repair has been completed & the remaining 7 diversions will be overlaid by 30th June’2014. Rutted portion of MCW has also been overlaid by DBM /BC at many locations after proper Milling. About 18000 Sqm. Road marking is also been completed at Diversions/ MCW in Rajasthan Portion. MBCB is also in progress at required locations and complete in 2 km in Rajasthan at various places.

Issues with Govt. of Rajasthan:-

1.Delay in Land Acquisition, Disbursement of Compensation & Mutation of acquired land by Competent Authorities (Land Acquisition) Behror, Kotputli & Amer :-

(a)CA(LA) / SDM, Behror :-

‘Award Pending under 3(G)’ / 3(A) Proposal of balance land
‘3(D)’ Gazette Notification for 28.77 Hectare land was published on 05.09.2013. “Award” is pending with CA(LA), Behror since more than 8 months. / 3(A) proposal for balance land of 2.94 Hect. is still pending with CA(LA) since 17.01.2014 for verification & submission to this office for publication in Gazette.

(b)CA(LA)/ADM, Kotputli:-

‘Award Pending under 3(G)’ / 3(A) Proposal of balance land
‘3(D)’ Gazette Notification for 44.01 Hectare land has published on 27.11.2013. CA(LA) has to submit Award at earliest. / 3(A) proposal for balance land of 5.73 Hect. is still pending with CA(LA) since 22.01.2014 for verification& submission to this office for publication in Gazette.

2. Illegal Parking:-

Illegal parking at many locations i.e. at Behror, Kotputli, Pawta, Shahpura, Zone “D” & Zone “C” Bypass. Almost two lanes are blocked by parking, Trucks loaded with Bajri at Zone-C &D causing major accidents. In Behror, Kotputli, Pawta & Shahpura, almost one lane of main carriageway & service road are being used for parking & service centre for repairs causing in convenience to traffic & accidents. NHAI is continuously pursuing hard with Police & Administrative Authorities to remove these illegal parking from Main highway causing hindrances to Traffic & Safety hazard for which State Govt. has to take immediate action.

3.Raising of H.T. Lines needs to be expedited at Chainage 267.255 & 256.140 of NH-8 by RRVPNL, Jaipur. The demand note of Rs. 5.15 cr. For these H.T. Lines has already been deposited on 30.04.2014 with RRVPNL, SE(TCC-II).

4.At Behror & Kotputli towns, the local drainage of municipal area is discharged on the service road causing damages & inconvenience to road users.

5.Removal / Relocation of 9 Nos. religious structures. Although, there is no provision in NH Act 1956 but the state Govt. is asking for money. Estimate of of Rs. 73.0 lacs is pending at HQ.

Issues related with Govt. of Haryana

A Meeting with Hon’ble Chief Minister, Haryana took place on 24.05.2013 and the issues had been decided that necessary land will be made available by Irrigation Department to Forest Department Government of Haryana and transferred to NHAI free of cost.

Chief Engineer (NH) PWD, Govt. of Haryana had also written a DO letter to Engineer – in Chief Irrigation Department of Haryana regarding decision taken in the Meeting of Hon’ble Chief Minister Haryana that required land will be made available to Forest Deptt. Govt. of Haryana/ Transferred to NHAI by Irrigation Department free of cost.

Gurgaon District

(i) 8.6 Ha. Forest land in Gurgaon District :- Affected Area :- Km. 46.650 to Km. 47.700 (About 1500 m main carriageway, Service road and one flyover at Km 47.969 (Manesar Chowk) is affected).

Rewari District

(ii) 4.55 Ha. Irrigation land in Rewari District :- Affected Area :- Km. 75.700 to Km. 77.000 (1300 Mt.).Bridge constructed two years back.Approaches are yet to construct.Due to non availability of land resulting delay in construction of approaches and six lanning.The Old Bridge is also in dilapidatedcondition, the monsoon season is also approaching nearer hence early action is requested.

(iii)10.86 ha forest in Rewari District :- Affected Area :- About 4460 m Service road and one flyover at Km 96.103 is affected).Construction of fly over cannot be taken up till the forest land is not made available.

Now the Irrigation Department informed vide letter No. 421-23/ 4LCU/2014 dated 28.01.2014 that the land will not be given free of cost.

(iv)Removal of Boundary wall/ rooms at Sidhrawali School, for which compensation has already been paid.

(v)Relocation of Religious structures at Km 61 & 49/050.