Protesters disrupt toll collection across Kolhapur

October 18, 2013

TNN |

 

KOLHAPUR: Collection at the nine toll plazas across the city was disrupted on Thursday as members of the Kolhapur Anti-Toll Committee (KATC) staged protests and formed human chains to stop road construction company, Ideal Road Builders (IRB), from taking the charges from road users.The toll collection resumed at two plazas after protesters dispersed in the afternoon but was suspended again after they returned.

In September, the Bombay high court had directed the district police to provide security at the toll plazas. Official sources said around 700 policemen, along with 150 security personnel from the State Reserve Police Force, were deployed at sensitive points in the city and at all the nine toll plazas.

A senior Kolhapur police official said the IRB employees had been instructed by their superiors not to take any action against the protesters during Thursday’s agitations. “Several senior leaders from all political parties participated in the protests and we felt it was not advisable for the IRB staff to collect toll,” he said.

A couple of hundred protesters, most of them from the rural parts of the district, had gathered at the Shiroli toll plaza. Addressing the protesters here, N D Patil, veteran leader and president of the Peasants and Workers Party, said, “The state government has deployed a huge police force to crush this agitation. But we will not be deterred by this. We will not allow the IRB to collect toll.”

The other toll plazas are located at Shiye, Kagal Naka, Sarnobatwadi, Phulewadi, Kalamba, Puikhadi, Uchgaon and R K Nagar.

Chandradip Narke, Shiv Sena MLA from Karvir, led the protest at the Phulewadi toll plaza, which was burnt down during the agitation in May 2013. Around 600 people participated in the protests here.

“People from the rural parts of the district, who commute to the city everyday, have been severely inconvenienced by the toll collection. The poor from the rural areas should not be made to pay toll for roads that are meant for people living in the cities. Despite the issue being raised in the legislative assembly, the state government has kept silent on this issue. Toll has been imposed on Kolhapur due to a nexus between some of the ruling leaders and the IRB,” Narke alleged.

Sadashiv Mandalik, MP, said, “The toll collection process, if allowed, will go on for 30 years according to the agreement. We should try to resist every attempt to collect toll.”

KATC member Baba Indulkar demanded the arrest of the IRB employees, saying they were supporting “illegal work” carried out by the company. “We had filed a criminal complaint against the IRB, which is responsible for the poor quality of roads and for posing a danger to people’s lives. If the police do not arrest them, the public can do so and hand them over to the police. We arrested Vijay Patil, an employee at the Kagal toll plaza, and handed him over to the police inspector of Rajarampuri,” he said.

When several protesters dispersed after 1 pm, the IRB employees started collecting toll at Kagal (from 10 vehicles) and Uchgaon (three vehicles). However, when the protesters got wind of this, they returned to these plazas and the toll collection was discontinued.

Meanwhile, the IRB has issued a public notice, stating that toll collection would be beneficial for the development of the city. The notice states that the company had moved the Bombay HC due to delays in toll collection because of protests by some city-based organizations, who had “spread misconceptions” about the IRB project.

The IRB notice reads: “Toll collection is important since the internal roads of the city will be maintained for the next 30 years through the revenue earned in this process. The HC had given its directive after it studied our stand; we have completed over 95% of the road construction work. The company has submitted a Rs 25-crore bank guarantee with the district collector as a security deposit for completing the remaining 5% of the work.”

Timeline of the agitation

July 2008: Agreement between Kolhapur Municipal Corporation, Ideal Road Builders and Maharashtra State Road Development Corporation to construct 49.99 km of roads in the city at an expense of Rs 220 crore

November 2008: Agitation by social workers on the issue of utility shifting

January 2011: IRB claims completion of construction of the roads

December 2011: State government floats gazetteer allowing IRB to collect toll

January 2012: KATC opposes the state government’s order. Three weeks of mass agitation is followed by the burning down of booths at seven of the nine toll plazas

March 2012: State government constitutes a three-member committee to check the quality of roads built by IRB

December 2012: Chief secretary of state Jayantkumar Banthia allows IRB to collect toll

March 2013: The committee submits its report to the state government

April 2013: KATC opposes the report and gears up for agitation, burning down three toll booths across the city

May 2013: The state government revokes the stay on the proposed toll collection

May 25, 2013: KATC once again launches agitations. Protest at Shiroli toll booth, heavy lathicharge by police administration. Violent mob vandalises three toll booths at Shiroli, Phulewadi, Bawda

July 7, 2013: The anti-toll committee organises a rally against the state government’s decision to revoke the stay on toll

September 26, 2013: The HC directs the district police administration to provide security to IRB for toll collection

October 17, 2013: KATC forms human chain across the city to stop the toll collection

Are we paying excess road toll charges?

October 18, 2013

 Agency: DNA

Anurag Bende

 

Activist moves HC, claims NHAI formula gives figures lower than those collected

The recent incident of firing at Khed Shivapur toll plaza has brought in the spotlight the ugly face of toll collection once more. A city-based right to information (RTI) activist has, in fact, moved the Bombay High Court claiming that the toll colleted at various toll plazas are much more than what should be charged.

City-based activist Sanjay Shirodkar has claimed that the state government is not following the formula specified by the National Highway Authority of India (NHAI) while specifying the charges at toll plazas in the state.

Shirodkar told dna, “I have already filed two public interest litigations in the Bombay High Court regarding toll. One of the PILs is about wrong formula applied by the state government while charging toll, due to which commuters have to pay more than what they should actually be paying.”

He added, “According to the resolution of the Central government, the toll should be charged on a formula which states that the base fee should be multiplied by wholesale price index of current financial year divided by wholesale price index of 1997. On the basis of this formula, the toll charges at Pune-Mumbai stretch of national highway number 4 should be Rs53 but the toll charges which are being charged are Rs87.”

Shirodkar has objected to the toll charges collected on Mumbai-Pune expressway.

He said, “There is a rule that if more than one lakh passenger car units (PCU) are passing through any highway in a day, the toll charges should not be increased. We have calculated PCU of Mumbai-Pune expressway on July 1, 2012 and the PCU was 1,18,469 and the next day it was 1,14,518 which suggests that the toll of Mumbai-Pune expressway should be increased from that day.”

dna contacted Ajay Saxena, who works with public private partnership cell of the state government. He said, “The problem with the toll is more regarding the services provided after charging toll. On some highways, it has been observed that toll is being charged but good quality of road is not provided to the commuters. Earlier, there were not many regulations, but recently the state government came up with regulations against toll collections agencies. According to those regulations, the agencies will have to provide quality service after charging toll from commuters or they will face action.”
The toll what it is, what it should be

Activist Sanjay Shirodkar calculated the toll that should be charged

Road     Toll charges     Actual toll
as per formula    charges
Kagal-Satara    Rs62    Rs 124
Anewadi (Satara)-Khed Shivapur    Rs24     Rs50
Khed Shivapur-Pune     Rs15    Rs70
Mumbai-Pune NH-4     Rs53     Rs87
Pune-Shirur    Rs30     Rs37
Shirur-Ahmednagar      Rs26     Rs35
Ahmednagar-Aurangabad    Rs58      Rs75
Pune-Belgaum    Rs167     Rs294

 

Source-http://www.dnaindia.com

Police on alert to douse anti-toll fire

October 17, 2013

Vivek Waghmode, TNN |

KOLHAPUR: The city has come under a thick security blanket with police making elaborate arrangements to avoid any untoward incident during Thursday’s protests by the Kolhapur Anti-Toll Committee in protest against the government’s decision to go ahead with collection of toll on the inter-city roads.

Around 700 policemen with 150 sub-inspectors and inspectors, three officers in the rank of the deputy superintendent and a one company of State Reserve Police Force have been deployed at the vulnerable points, including nine toll plazas, in the city.

Superintendent of police Vijaysingh Jadhav on Wednesday said, “According to the high court’s order, we will provide protection to the IRB Company for toll collection. There are nine toll plazas in the city and the police will be deployed at all the booths from Thursday. Our duty is to maintain law and order and we are well prepared. We will arrest anybody trying to violate law and order situation or create any kind of disturbance that may affect law and order situation in city. Those arrested will be kept at Yerawada jail because the two jails in the district Kalamba jail and a sub-jail at Bindu chowk are full to their capacity.”

He had called a meeting of all police officers and asked them to take strict actions against those trying to trespass or loiter around toll plazas in groups. The district administration has already issued prohibitory orders and Jadhav has asked the police to take action against anybody violating the directives.

The Bombay high court had directed the state government and the district administration to provide police protection to M/s IRB Kolhapur Integrated Road Development Company to start toll collection in the city.

The IRB had filed a writ petition (6646/2013) in the high court to seek an appropriate writ, direction and order and direct the state government and the police department to provide adequate protection for toll collection. The court asked the state government and the police department to ensure protection at each toll plaza and all other establishments under the Kolhapur Integrated Road Development Project.

A high court bench of Justice V M Kanade and Justice S C Gupte passed the order on September 26 and has scheduled the next hearing on October 21.

The police, in a letter dated May 23, 2013, had expressed their inability to provide immediate police protection, because a large police force would be required for the purpose.

 

Source-http://timesofindia.indiatimes.com

 

 

Delhi-Gurgaon project: law dept advises govt against acquiring toll plaza

October 15, 2013

Hitender Rao, Hindustan Times  Chandigarh,

 

 

Haryana’s law department has advised the state government against acquiring the toll plaza rights of the Delhi-Gurgaon toll project by invoking political force majeure clause, citing a pending litigation in the Delhi high court and huge financial implications.

Political force majeure means an event involving risks which generally relate to changes in the political environment (embargoes, riots, insurrection, blockade, terrorist actions and war) or legal environment (changes in law or licences, permits and consents necessary for the project).For exploring the option of acquiring the toll plaza by invoking the political force majeure clause, the government had sought advice from the law department. The law department wrote the clause that provides that expropriation of compulsory acquisition of any project assets or rights of the concessionaire could be made by any government agency, including the Haryana government.

“However, the matter involves huge financial implications. Also it is pending adjudication before the HC. If the termination notice issued by the NHAI (National Highways Authority of India) is held legal, the financial liabilities shall be much less than the state invoking political force majeure clause of the agreement. It is suggested that Haryana should support the termination notice and get the matter resolved from the court urgently in public interest. So, under these circumstances, it would not be appropriate to proceed further ignoring the termination notice and stay order passed by Delhi HC,” the law department wrote.

 

BACKGROUND
A concession agreement was signed in 2002 between the NHAI and concessionaire Jaypee DSC Ventures Limited (later named Delhi-Gurgaon Super Connectivity Limited) for making the Delhi-Gurgaon section of the national highway-8 into an access controlled highway on built-operate-transfer (BOT) basis for a concession period of 20 years.

A state-support agreement of the project was signed among the concessionaire, NHAI, Haryana and Delhi governments. The project was put to commercial operation in January 2008. Subsequently, problems pertaining to traffic — long queues and logjams — on toll plazas started affecting the commuters.

In March this year, the NHAI had issued a notice of termination of the agreement to the concessionaire on the grounds such as non-fulfillment of various clauses, and non-maintenance of the main accessway and lanes.

Officials said the concessionaire was expected to improve the lanes at Kherki Dhaula toll and integrate the collection system at the main Gurgaon toll plaza. The notice was also issued as the concessionaire had raised loans by securitising the toll collection and without informing the NHAI.

The Delhi high court, subsequently, stayed the effect of the termination notice after the concessionaire challenged it in court.

In May, Haryana chief minister Bhupinder Singh Hooda wrote to the NHAI seeking shifting of the two toll plazas — at the entry of the Gurgaon and near Kherki Dhaula to Bilaspur.

 

TWO OPTIONS EXPLORED
The matter was discussed in a board meeting of the NHAI on May 14 and it was conveyed to the Haryana government that the first option was to press before the high court to allow termination of the concession agreement in the event of concessionaire’s default. In this case, the termination payment works out to beRs. 118 crore.

The next option was to press before the high court to allow the NHAI to acquire the toll plaza, citing political force majeure in light of problems being faced by citizens and request made by the government. The NHAI though put a rider that in such an eventuality: a clear commitment should be obtained from the government that the liability on account of termination payment – around ` 335 crore and any other claim which may arise on the account of termination — will be borne by the government

 

HARYANA BECOMES PARTY TO THE CASE
The state government then got itself impleaded in the high court. In its application, Haryana said it supported the termination notice issued by the NHAI and requested that both existing toll plazas be removed and erected at Bilaspur on the NH-8.

It also prayed that the high court may terminate the agreement with a one-time termination payment of Rs.118 crore or allow a Haryana’s proposal to acquire project/rights under political force majeure clause whereupon the state will bear liability on the account of termination payment. If the two options are not possible, the government may be allowed to operate a single toll plaza in Bilaspur

 

Source-http://www.hindustantimes.com

Toll on Jaipur-Gurgaon stretch slashed

October 11, 2013

TNN

 

JAIPUR: Bowing to public outcry on charging toll on under expansion highways, the Central government has slashed the toll rates on the Jaipur-Gurgaon stretch of National Highway 8. The stretch, known for traffic bottlenecks and pothole-riddled roads, could see a nearly 25% reduction in existing toll rates.

The decision which was taken during the recently held cabinet meeting on Tuesday is yet to be circulated. Union minister for road transport and highways Oscar Fernandes however hinted at a cut in toll rates.

 ”I can’t comment on the matter as all cabinet decisions should be briefed by the spokespersons. But yes, something is done on the toll rates keeping public sentiment in mind,” said Fernandes.

Currently, commuters plying from Jaipur to Delhi pay Rs 55 at Shahpura and Rs 115 at a toll gate near Shajapur. Those travelling to and fro the same day are charged Rs 254.

The decision comes in the wake of protests from various sections of the society to suspend the toll collection on the stretch till the time the six-laning project is complete. A public interest litigation (PIL) has also been filed in the Supreme Court, which is pending before the court.

Supporting the public outburst over the deplorable condition of the road, governor Margaret Alva had shot a letter to the Union transport minister in early September. In her communication she justified the public demand to stop charging the toll until the road expansion project is complete. Later on the request of the governor, Fernandes had travelled by road from Delhi to Jaipur and taken stock of the situation.

Sources from the National Highway Authority of India (NHAI) claimed that they have proposed to cap the rates at 75% of the present toll during the widening of the highway from four to six lanes. “We recommended that the toll be reduced by one-fourth in case there are any delays in completion of the project. Revised toll rates on Jaipur-Gurgaon highway will become clear only when we receive any instruction from the ministry,” said senior official of NHAI.

The widening work on the stretch was started in April 2009 and will finish, at the earliest, by March 2014. Appalling condition of the Jaipur-Gurgaon highway has become a major issue with the opposition cornering the government over it ahead of upcoming elections.

 

Source-http://articles.timesofindia.indiatimes.com

Only 75% toll during work on highways

October 9, 2013

TNN |

(This rule will bring relief to lakhs of commuters on over 2,000 km of national highways which
 are scheduled to be taken up for  widening from four-lane to six-lane in the near future.)                                                                               

NEW DELHI: The Cabinet on Tuesday decided to allow developers to charge only 75% toll during work on six-laning of highway stretches. In its bid to ensure that developers don’t delay construction, it also allowed tolling to be suspended for failure to meet the deadline.

A senior government official said this provision will put pressure on both private road developers and government agencies such as National Highways Authority of India ( NHAI) and state PWDs to provide encumbrance free land and get statutory clearances for project development. “The party responsible for default will have to pay/bear the damage. Why should we allow people to suffer traffic jams and also pay toll charges,” the official said.

This rule will bring relief to lakhs of commuters on over 2,000 km of national highways which are scheduled to be taken up for widening from four-lane to six-lane in the near future.

In another decision, the Cabinet decided to bring more highways under the toll network. Tolling will be allowed on all future two-and-a-half lane roads (10 metres wide). Officials said the proposal is aimed to generate funds to keep roads in good condition.

However, the decision on fixing toll charges for expressways could not be taken due to difference of opinion. Sources said while Planning Commission favoured toll of 1.5 times than normal highways, road ministry wanted it to be capped at 1.25 times. A committee of three ministers has been set up to address the issue. The committee will submit its report in a week.

NHAI for five fold hike in toll rates of Varappuzha bridge

October 9, 2013

By Express News Service – KOCHI

 

The National Highway Authority of India (NHAI) which has taken over the NH-17 from PWD has decided to effect a five fold increase in toll rates at the Varapuzha bridge. According to reports, the increased rate would come into force from Tuesday midnight. Those residing in the Varapuzha area said people manning the toll booth have informed them about the rate hike. A notice board has also been pasted near the toll booth. As per the notice, the rate for cars for a one-way trip through bridge would be Rs 25. It was Rs 5 earlier. For a two-way trip car drivers would have to pay `40 compared to the Rs 7.50 earlier.

The rate for buses and heavy vehicles have been hiked from Rs 15 to Rs 75. The NHAI officials were not available for comment. According to PWD officials, the road was handed over to NHAI for widening. As per the plan, the NHAI will lay a four lane road here. The rates were increased as per the NHAI manual. The Highway Protection Council has decided to launch an agitation against the decision.

LDF and BJP activists took out protest marches. Hasim Chenapillil of Highway Protection Counsil said the move by NHAI is improper. “As per NHAI guidelines toll booths must have a gap of 40 km between them. However the distance from Kumbalam toll to Varapuzha toll is hardly 25 km. There is no proper road in this stretch and people are being forced to pay without accruing any benefit. We want the PWD, National Division to control this road stretch. If the NHAI wants to keep the stretch they should not increase the rate. We will lodge a protest against the NHAI if they don’t change their decision,” Hasim said.

 

Source-http://newindianexpress.com

No change in Paliyekkara toll rate

October 8, 2013

TNN |

THIRUVANANTHAPURAM: The rates at Paliyekkara toll plaza on the Mannuthy-Angamaly national highway will not be increased for now. A meeting convened by chief minister Oommen Chandy on Monday has decided not to revoke the toll rates.The chief minister, during the meeting, directed to form a joint committee comprising Thrissur district collector, representatives of the toll company, NHAI director and executive engineer (national highway). The panel, after inspecting the quality of the works, would submit a report to the PWD secretary on whether toll rates should be increased.

The meeting also decided to find solutions to issues such as installing street lights along the entire stretch, constructing additional 22 km-road with the help of PWD and water clogging.

The meeting was convened in the wake of protests by political and social organizations on October 1, which forced the NHAI to back off from its decision to increase toll rate.

Thiruvananthapuram: The rates at Paliyekkara toll plaza along the Mannuthy-Angamaly National Highway will not be increased for now. A meeting convened by the chief minister Oommen Chandy on Monday has decided not to revoke the toll rates as of now.

The chief minister, during the meeting, directed to form a joint committee, in which Thrissur district collector, representatives from toll company, NHAI director, National Highway executive engineer will be the members, and inspect the quality and completed works of stretch. The committee has been assigned to submit a report on whether toll rates should be increased to the PWD secretary after carrying out the inspection.

The meeting also decided to immediately find solutions to issues like installing street lights along the entire stretch, constructing additional 22 km-road with the help of PWD, water clogging etc.

The meeting was convened after various protest programmes staged by political and social organisations on October 1 forced the National Highway Authority of India (NHAI) to back off from its decision to increase toll rate from the first day of this month.

 

Source -http://timesofindia.indiatimes.com

No bar on effecting hike in toll rate, claims NHAI

October 7, 2013

By Express News Service – THRISSUR

 

Union Minister for Transport and Highways has not directed the National Highways Authority of India or the toll operator to put on hold the implementation of revised toll rate on the Mannuthy – Edappally stretch of the National Highway 47 from September 1, said P Ramanathan, project director, National Highways Authority of India.

Earlier, P K Biju and P C Chacko MP had claimed that a decision to shelve the implementation of the revised rates was taken at high-level meeting held in the presence of Union Minister for Transport and Highways Oscar Fernandes and ministers from the state in New Delhi on August 30.

The minutes of the meeting which reached the NHAI office, here, the other day does not have a single word about toll or Pallieyakkara toll plaza, he said.

The minutes have only details about various projects related to National Highway development in the state. All other claims are false, he said.

It is true that company is yet to finish the work along the stretch. The failure to do so will attract hefty fines from NHAI authorities.

The NHAI had earlier slapped a fine of Rs 5 crore on the contractor agency for failing to provide essential services and withdrawing the ambulance, crane services and other equipment required for the rescue operations.

However, it does not mean that the company has no power to revise the toll annually, he said, further adding that there is no connection between completing remaining works on the highway and hiking of toll rates.

P K Biju MP and P C Chacko MP earlier claimed that the union minister had assured them that the revised toll rate would not be implemented without completing the remaining works by the contractor company on the stretch.

Source-http://newindianexpress.com

 

NH8 toll operator cheats on 16L/day: KPMG survey

September 27, 2013

Dipak K Dash, TNN |

 

NEW DELHI: KPMG conducted a week long, 24X7 traffic study in July at the Gurgaon toll expressway and has projected on the basis of the sample survey that due to under-reporting of at least 79,000 passenger car units (PCUs) daily by the operator NHAI lost about Rs 24 crore in 10 months. Significantly, tolling was suspended for over a month during this period due to a Punjab and Haryana High Court order.The survey was commissioned by the authority’s vigilance wing after CVC asked for it. Under-reporting of traffic at the toll plaza impacts NHAI’s revenue share. As per the contract norms, revenue from vehicles beyond 1.3 lakh PCUs in a day is shared equally between NHAI and the operator, DGSCL.Though the survey was conducted at all the three toll plazas on the expressway, the authority has first taken up the 32-lane plaza where revenue share is happening. Details emerging from the study show that on July 23, the difference in traffic as reported by DGSCL and that measured by KPMG was 1.57 lakh PCUs. In fact, on that day, DGSCL’s figure was barely half the number given by KPMG.Authority officials said that the average daily traffic during the little over 10 months when tolling happened works out to around 2.55 lakh PCUs while the company kept showing only 1.81 lakh PCUs. The number of vehicles was first manually counted at each toll gate indicating the category of vehicle. NHAI officials said that videography was also done to verify the details. “We will also submit the report in the court to prove our point,” an NHAI official said. A DGSCL spokesperson said, “We have not yet got the report and can only respond once we are able to go through it. The matter is currently being heard by Delhi High Court.”

 

NHAI officials said the authority lost revenue because of under-reporting of traffic and hence the detection of the major leakage was enough to strengthen its argument that there had been a substantial revenue loss. “This is due to developer’s default in managing the toll plaza. The notice has been sent in continuation of our show cause letter for termination issued on March 8,” an NHAI official said.

In the letter, NHAI had mentioned that since DGSCL did not give details of exempted vehicles, the authority had suspected that the company was diverting toll revenue instead of depositing it in the escrow account and not reporting actual revenues thereby causing loss to public exchequer.

 

 

Source-http://timesofindia.indiatimes.com

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