Monday, January 16, 2012

[rti4empowerment] Fwd: deficiency in service

 

Namaskar,

The communications below are self explanatory.

The Mumbai Pune Expressway has become one dangerous road, and worse than Dharavi T junction.

The users are paying the toll fees only for the contractor to make money because the contractor is neither maintaining it as per contract, nor looking after safety of the users who are paying for it.

Such is the state of what was once the pride of Maharashtra.

Thanqx.

Jagdeep

>>>

---------- Forwarded message ----------
From: sammeer <sammeer@zoho.com>
Date: Tue, Jan 17, 2012 at 11:00 AM
Subject: deficiency in service
To: hrpawar@msrdc.org, nkpatil@msrdc.org, msrdcpune@vsnl.net, feedback-form@msrdc.org
Cc: Min_Home@maharashtra.gov.in, Min_Transport@maharashtra.gov.in, chiefminister@maharashtra.gov.in, prsecretary1tocm@maharashtra.gov.in, AKJain@maharashtra.gov.in, JPDange@maharashtra.gov.in, ABPPandey@maharashtra.gov.in, ChandraIyengar@maharashtra.gov.in, BipinShreemali@maharashtra.gov.in, dgpms.mumbai@mahapolice.gov.in, sp.raigad@mahapolice.gov.in, speakup@dnaindia.net, mirrorfeedback@indiatimes.com, mailbag@mid-day.com, inbox@mid-day.com, Indian Express <mumbai.newsline@expressindia.com>, ravikiran.deshmukh@timesgroup.com, somit.sen@timesgroup.com, s_naveeta@dnaindia.net, shaileshbhatia@mid-day.com, DeputyChiefMinister@maharashtra.gov.in, adg.traffic.hsp@mahapolice.gov.in


Hi
 
Despite lot of emails and media coverage no plan has been drafted to ensure safety on mumbai pune expressway. Yesterday again there was a very serious accident where a wagon-r crashed into a truck. Reason was that the truck took a illegal U turn on the highway.
 
There are no patrolling vehicles to ensure dangerous vehicles are fined and taken off the highway. How many more lifes have we to give before you have concrete plan. By saying that the contract is with someone else does not take your responsibility off.
 
Regards,
Sameer

---- On Fri, 17 Sep 2010 01:42:57 -0700 sammeer <sammeer@zoho.com> wrote ----

Minister's car kills biker on expressway
 
Will someone take action ?
 
 


---- On Fri, 09 Jul 2010 22:41:21 -0700 sammeer <sammeer@zoho.com> wrote ----

To

Managing Director

MSRDC

Mumbai

 

Sub.:      Failure to improve safety of Mumbai Pune Expressway

 

Ref.:      1. Legal notice sent via email on 28-Feb-2007

2. Your reply dt. 06-Mar-2007 Ref: MSRDC/SE(Pune)/MPEW/283

 

Sir,

 

In reply to my legal notice your office had assured me that necessary action will be taken to prevent stray dogs and other animals from entering the expressway, however no efforts have been taken and due to which there was an accident on 31-May-2010 early morning at 0530hrs. A woman lost her life and her husband was seriously injured.

 

The car [MH12DM7317] in which she was travelling hit a dead cow and broke down, on calling the control room the victim's family was told that there were 3 accidents that morning and only one crane was available and they could send the crane after one hour.

 

While they waited for the crane to arrive a speeding van [MH12AN6492] hit the lady and her husband, killing the lady and injuring the husband seriously.

 

After calling the control room they were informed about shortage of ambulance and said that it would take 30 mins for the ambulance to reach the accident spot.

 

After reaching Parmar hospital in Lonavala which refused to administer the accident victim they were taken to another government hospital where doctor was unable for 3 hrs.

 

After the above incident it is confirmed that your office has given me false information under RTI about ambulances and emergency services on expressway. Also my question on letter dt. 06-Mar-2007 Ref: MSRDC/SE(Pune)/MPEW/283 was easily avoided in that RTI.

 

·         On the complete stretch of expressway there are fewer ambulances and cranes.

·         Two ambulances are lying in non working condition at various Police Check posts.

·         Emergency phones on the highway are in non working condition and not checked.

·         IRB security is patrolling on bikes, not only risking their life but ours too

·         Mechanics are freely moving on their scooters and often seen going wrong side. They park their bikes at Lonavala Police Highway Chowky in the centre of the Ghat area.

·         Lonavala Police does not have jeeps to patrol the highway. This is evident from the number of bikes parked at Lonavala Highway Police Check Post before the Tunnel.

·         Patrolling Security men and Police Men are often seeing without helmet.

·         Their bikes and vehicles do not have emergency warning / flashing lights.

·         There is no supervision on the Company which has been given contract to maintain the highway.

 

Your engineer from Pune responsible for the Mumbai Pune expressway had informed me that local villagers steal the side fencing and sell it due to which stay dogs and cows enter the highway. On inquiring he informed me that they have not registered any FIR for this theft. He said since cost of building a wall is too high and MSRDC was already in a big loss they are helpless to do anything regarding stray animals.

 

On 26th June i informed the Highway Police Control Room on 9850026000 and 9822098220 about cattle heard which had entered on Expressway and goats were running on the expressway in the 3rd and 2nd lane. Officer assured me of sending a response team to clear that.
 
Unfortunately in India till few thousand lives are not lost and media attention is not given on the subject no action is taken.

 

You have working 5 working days to respond failing which I shall forward this letter to DG of Maharashtra Police to register a FIR against your company for negligence even after giving a warning and legal notice to your company.

 

Thanking you.
Sameer
 
Copies Sent to:
CM of Maharashtra
DCM of Maharashtra
Chief Secretary Maharashtra
Governor Maharashtra
DG of Police Maharashtra
DySp Lonavala
Staff at MSRDC Pune / Mumbai
Mid-Day
Times of India
Mumbai Mirror
DNA


Hello,

This and other reports regarding accidents on the Mumbai Pune Expressway are highly disturbing.

Not so much for the gruesome results, but for the utter, total and wanton disrespect for traffic rules and regulations by the HCV, contract, MSRTC, tourist bus drivers, and the lack of strict enforcement by the authorities






Should tyres and brakes only be checked for the MPE, or should they be in top condition at all times.

Do the police or RTA ever check tyres any time any where, one look at most tyres on HCV, MSRTC, BEST and such vehicles, even new ones, we wonder where the new tyres all go.

Even if they are stolen, which HCV or bus has new tyres, so where do these good tyres go anyway.

As it is, the MPE has degenerated to a condition equal to, if not worse, that Dharavi's roads, like the T junction area, etc.

The photos attached show that MSRDC, nor IRB, nor Highway Police, nor Thane Polce, nor Pune police could care less about the illegal movement of two wheelers, HCV, illegal hawkers, huge amounts of litter and garbage strewn all over the sides of the MPE.

The areas around the toll nakas, and food malls, is of particular concern, as already mentioned in the previous communications.

Two wheelers are now using the MPE freely, even from Panvel side, see the photo.

Trucks, trailers, bulk cement carriers, container trucks, private taxis, private vehicles  now make it a point to halt for long durations both sides of both toll nakas, making a mockery of no stooping on the expressway rule.

Do not litter the expressway.

What do these people care about this request.

Check the garbage created near the toll nakas, and the food malls, as seen on the road and road sides.

Check out behind the food malls, it is Deonar garbage dump in the making, mounds of plastic cups and such non bio degradable  waste.

Who cares, not MSRDC, not IRB, not GOM, who.

So much for environment concerns.

There are any number of explanations and clarifications passing the responsibility, so the public knows.

Private access roads now connect the MPE for an educational institution near Lonavala from Pune side, to the industrial unit near Khalapur toll naka, and between Talegaon toll naka and NH 4 exit, a private cricket stadium for the Sahara Pune warriors is coming up, and the contractors and owners have very conveniently made an entry from the MPE Mumbai side, as well cutting the median green space from Pune side


This news report was in 2011 JAN, the road is still there, and even a year ago this was the case


The contractors Shapoorji Pallonji make great claims about the Vision, Mission, Quality Policy, and all that


Is it a joke.


If the construction work is being done in such a casual manner, what will happen when the spectators start arriving in their cars to the statdium, imagine.

How very clever, and expressway is supposed to be without any side exits or entrances except as planned and well marked.

Here open up the road for anything, pedestrians are bold and brave, more likely fool hardy and defiant, and walk on the MPE, even hawk goods on the ghat sections as they know there are traffic jams and they will get consumers.

Bus drivers, MSRTC Shivneris, regular, KSRTC, Neeta, APSRTC, KSRTC, are totally unconcerned as to their wrong lane driving, forget speed limits.

If they are exempt, and the passengers know the risks being taken by these drivers, and the organisations, then this point may be ignored





Are we looking at a total break down in traffic law and order on all roads in Maharashtra.

Thanqx.

Jagdeep DESAI
Architect

Secretary
Founder Trustee
Forum for Improving Quality of Mumbai Suburbs




>>>

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date Thu, May 12, 2011 at 9:59 PM
subject [rti4empowerment] Mumbai Pune Expressway [4 Attachments]
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[Attachment(s) from Jagdeep DESAI included below]

Hello all,


In reference to these excellent and extremely revealing reports on the Mumbai Pune Expressway




There is hardly anything to add to this, so here are a few pictures.

The MPE is very soon going to become another Dharavi T junction road, unauthorised parking on both sides at various places by HCV mostly, but even by contract buses, even though it is no parking anywhere, refreshment stalls, repair shops, etc.

Now service roads are now connected directly with the MPE anywhere, even though internationally, expressways, highways, autobahns, autostradas, have connections only via well planned and thought out exits and entrances.

There is a factory just adjacent to the Khalapur toll naka, heavy vehicles turn into the factory fromPune side, just as vehicles are about to accelerate after the toll, and these HCV, trailers, multi axle trucks, etc., and are extremely dangerous during the day, but in the night they are killers, since most of them have no lights, and vehicles are also coming in fast from Pune side, and don't expect a trailer to suddenly turn right to go towards the factory.

Just before Lonavala, there is a private educational complex, which has been connected with an access road right at the turn towards Lonavala from Pune side, a private road having direct entry.

On the MPE, there are any number of instances of two wheelers on stretches, even going the wrong way.

I saw pedestrians, looking like local residents,  at many places on 2011 MAY 11.

On the Mumbai side, trucks, contract buses, trailers, etc., have started parking just after the toll booths for toilet and snack breaks, even though the food court and conveniences were just a kilometre prior to the toll booth.

The buses, trucks double park, and create obstructions to the accelerating vehicles, again in the night, highly dangerous.

Besides, this area has become a garbage dump, waste and litter is strewn everywhere, plastic cups, plates, bags, etc.

And worse, illegal hawkers have set up their stalls and are doing great business.

Mark my words, they will demand rehabilitation in the food court shortly, that too, at that spot.

Even around, about and near, the authorised food courts, there is a free for all dumping of waste, soon there will be a garbage dump build up.

The food courts themselves over charge, and have no hygiene standards whatsoever, the staff have no apparent training in cleanliness, toilets are dirty and appear to have no regular housekeeping.

The roads into and out of the food courts are not maintained, potholed and because of absence of lights or reflectors or road markings, very difficult to negotiate into and out of these places.

Apart from that, road markings, cats eyes, reflectors, signs are not as desired and required as per international standards.

Ever since the tunnels were operational, I have never seen all the internal and external lights functioning at all times, there are always some lights off, not working, resulting in uneven lighting, which again is dangerous.

In any case the lighting is dismal, at the best of times, resulting in drivers putting on full beams, which again means dangerous conditions.

Heavy vehicles keep in the extreme right lane, not a single Highway Patrol Police person is seen, at least I have never seen any one on duty except once when the radar guns were being used about three years ago.

MSRTC buses, Shivneris, deluxe, semi deluxe, regular, Neeta Travels, APSRTC. KSRTC, all have the arrogant habit of keeping extreme right lanes, racing at 100 kmph or 120 kmph, well beyond the speed limit of 80 kmph,  and then cut sharp left to get into the toll lane for buses.

By all parameters, the MPE has deteriorated from being the pride of Maharashtra, to being just a glorified Dharavi T junction.

Sorry, but that's how it is.

Thanqx.

Jagdeep DESAI
Architect

Secretary
Founder Trustee
Forum for Improving Quality of Mumbai Suburbs


>>>

Mumbai-Pune Expressway toll collected so far: Around Rs1,000 crore. But why is maintenance so shoddy?
April 20, 2011 12:00 PM | Bookmark and Share 
Vinita Deshmukh

An RTI application has revealed that the MSRDC had entered into an agreement with Ideal Road Builders (IRB), which requires the company to carry out extensive work on the Mumbai-Pune Expressway, to ensure convenience and safety of commuters. But despite gobbling up Rs1,000 crore in toll money between 2004 and 2011, maintenance has been shoddy 

According to details of the contract agreement of 864 pages between MSRDC and IRB for the operation and maintenance of the Mumbai-PuneExpressway, procured through the Right to Information (RTI) Act, extensive work has to be done by IRB to ensure convenience and safety of commuters. 

However, even if you take a cursory glance along the Expressway while you are travelling on it, you will instantly realise that despite the IRB having pocketed around Rs1,000 crore of our toll money between 2004 and 2011, maintenance is woefully lacking. 

That IRB is enjoying the fruits of our toll money without adhering to the stringent terms and conditions laid down by the Maharashtra State Road Development Corporation (MSRDC) in the operation and maintenance of the Mumbai-Pune Expressway, is extremely clear as per the voluminous 864 pages of the contract agreement which this writer procured under Section 6 of the RTI Act. 

According to the terms of the Act, I obtained the relevant details from MSRDC's Pune office after paying Rs1,728 (at the rate of Rs2 per page as per the norms under the Act).

Chapter 4 of this agreement (on page 145) clearly places crucial responsibilities on IRB, the private agency which has taken over operation and maintenance of the Expressway for a 15-year period between 2004 and 2019. Its responsibilities include the upkeep of the road and traffic management. Some of its other crucial duties include patrolling, safety including accident prevention, cleanliness and fencing. IRB also has to plant one lakh trees along both sides of the Expressway, ensure ban on cattle and prevent villagers from straying onto the Expressway. 

Here is a description of IRB's specific responsibilities (all relevant sections of the agreement are also provided) along with my observations immediately after each section: 

4.2.1.1: Road Maintenance, both routine and emergency, and inspection 
This includes cleaning of the road surface by a self-propelled mechanical sweeper with a vacuum system in order to remove all the dirt, small aggregates and pieces of different material fallen on the road. Elements that cannot be removed by the mechanical sweeper will have to be removed by manual sweeping or by hand. This activity will be carried out at the time of least traffic. Cleaning of road surface will be carried out through the year. The areas where the collection of dirt is more frequent such as ear-bridge parapets, underpasses, etc, shall be attended to at least twice a week. 

(Today, we find several pockets of the Expressway are filled with litter, especially plastic tea cups.)  

4.2.1.8: Garbage collection 
This task includes collection of paper, plastic and other such type of material from the area at the way, median, shoulders, at the sides of the road, rest areas, public facilities, interchanges, connector, emergency telephone areas, etc. This activity shall be done manually or mechanically. The garbage so collected shall be put in a yellow or white plastic bag and the bags shall be placed on the beams in order to be removed at the end of the day. The pickup truck that collects the garbage shall transport them to an authorised rubbish dump. 

Garbage collection shall be carried once a fortnight at median, shoulders, on the carriageway and at sides of the road. At the toll plaza or places close to the wayside, amenity centres or petrol station area, where many objects are thrown from cars, garbage collection will be done on a daily basis except on holidays. 

(Do send us photographs of any garbage that you might have observed along the Expressway to news@moneylife.in.) 

4.2.2.9: Renewal of paved shoulders 
The following renewal treatment to bituminous surfaces including thermoplastic painting and other road markings will be provided by the contractor when the roughness index is more than 2,000 or after every four years, whichever occurs earlier. Renewal cost of 25mm thick Open Graded Carpet (OGC) layer on paved shoulders with necessary camber corrections. 

(Reliable sources in the MSRDC have confirmed to this writer that the shoulders have not been resurfaced even once during the 10 years that IRB has been in charge. The approximate cost of resurfacing is apparently Rs100 crore). 
 
4.3.2.17: Replacement and repairing of road furniture and road signs 
- Repair and replacement of road signs and mileage posts 
- Repair and replacement of safety reflectors 
- Repair and replacement of metal crash barriers 
- Repair and replacement of fences 
- Repair and replacement of lights 
- Repair and replacement of light-posts 
- Repainting of road marking and other structures 
- Replacement of reflective tapes on metal beam crash barriers and kerbstones 

4.2.2.19: Repair and replacement of safety reflectors/delineators 
- The above consists of repair or replacing damaged, faulty, stolen or old safety reflectors. This activity includes the providing of new safety reflectors, delineators, removal of damaged or faulty safety reflectors and installation of new safety reflectors. 

4.2.2.20: Repair and replacement of metal crash barriers and guard rails 
- The above consists of repair or replacing damaged or faulty metal crash barriers due to traffic accidents and vandalism. 

4.2.2.21: Repair paint and replacement of fences 
The above consists of repair, painting or replacing damaged, faulty or stolen fences located on both edges of the right of way all along the toll road. The activity includes providing and transporting necessary fences to the job site, painting of existing fencing for every three years by two coats of approved paint, removal of damaged or faulty fences. (As per 1.16.1.3:Fence survey consists of inspecting the existing fence located on both edges of the right of way and reporting of quantum of damage or defect. The patrol inspectors on duty will carry out the inspection twice a day). 

4.2.2.22: Repair and replacement of lights 
- The above consists of replacing faulty lights, including transporting light to the toll plazas, tunnel inside area, removal of the old lights and installation of new lights. Lights replaces shall be of the same, better type and quality than the ones initially installed. Repair and replacement shall be carried out as necessary. 
 
4.3.1: Traffic control and communications 
A traffic control room should be established, manned 24x7, which will be the hub of the communication centre, located at the Road Operations and Maintenance office at Kusgaon (near Pune), which will be linked with important persons at all times, by radio or telephone or both. 

4.3.3: The control room will also be linked to emergency call telephones installed along the Expressway at regular intervals. 
 
An independent engineering consultant-Stupp Consultants Pvt Ltd-has been appointed by the MSRDC to monitor the work implemented by the IRB. For this, it receives a payment of Rs10 lakh per month. However, despite stringent norms on action to be taken by Stupp in case IRB falters, the former seems to be a mute witness to the inefficiency and the incompetency of the IRB which has shown pathetic maintenance and woeful lack of passenger safety going by the ever-increasing number of serious and fatal accidents. 

The RTI Forum For Instant Information has demanded termination of the contract by the MSRDC on both counts-lack of transparency in toll collection amount; lack of proper operation and maintenance of the Expressway and implementation of the latest Central government order issued by the ministry of surface transport where toll collection has been streamlined. For example, a car can be charged a toll of only 65 paisa per kilometre. 

In addition, the following issues have not been resolved. 

Here are some value-added work orders IRB is required to carry out on the Expressway, but much of it has yet to see the light of day: 

Construction of a compound wall in lieu of fencing 5,570 running metres. (Reason: Fencing at certain stretches is being damaged again and again hence it is proposed to construct a compound wall in lieu of fencing.) 
 
Providing cattle traps: Providing metal beam crash barriers as per accident prevention committee report for 15,152 metres (Reason: To prevent entry of animals on the Expressway.) 

Concrete crash barriers across the ghat for 3,500 running metres. (An Accident Prevention Committee (APR) proposed that metal beam crash barriers should be erected around the catch pits, around piers of cross structures, at high embankments and at curves, inside and outside.) 

Provision of road safety procedures: Cat eyes, thermoplastic paint, etc. (The APR and other government agencies have suggested information and cautionary boards at important locations on the Expressway for a distance of 20km.) 
 
Wayside plantation: It is proposed to provide plantation of 100,000 trees on both sides of the Expressway, near the fencing, up to the side-slopes of the embankment. The plantation was to have been completed in two years. 

Redoing paved shoulders: The existing paved shoulders are on an average 2.5 metres wide on both sides of the Expressway and under distress in a number of areas. It has been proposed that the defective portion would be removed, the paved shoulders milled wherever required and the entire length would be provided with a 25 mm thick Open Graded Carpet (OGC) with liquid seal coat to the desired camber. 

Will the authorities finally wake up and take some action? 
 
(Vinita Deshmukh is a senior editor, author and convener of Pune Metro Jagruti Abhiyaan. She can be reached at vinitapune@gmail.com.)


>>>


Activists angry over Pune-Mumbai Expressway toll loot, plan protest action
April 02, 2011 02:55 PM | Bookmark and Share 
Vinita Deshmukh

RTI Forum for Instant Information to petition Maharashtra chief minister, file public interest litigation, to check the toll charges collected by IRB that has a contract till 2019 

Thanks to the Right To Information Act (RTI), it is pretty clear now that Ideal Road Builders (IRB), the private agency which operates, maintains and will collect the toll on the Pune-Mumbai Expressway until 2019, has already collected toll tax in excess of what it had envisioned, going by the 'cash flow' statement which it has submitted in the 'contract agreement' with the Maharashtra State Road Development Corporation (MSRDC). As per this latest document that I procured, it has already collected Rs949.45 crore until September 2010 by way of toll fees (it must have surely crossed the Rs1,000 crore mark by 31 March 2011). This collection is against its own projection of Rs606.05 in the contract agreement. MSRDC officials, on condition of anonymity, admitted this is a vital document for comparison with the actual toll collection. (Read, The grand Expressway robbery: How much toll is IRB allowed to collect and who monitors this?) 

Concerned over the hoodwinking by the IRB and MSRDC turning a Nelson's Eye to the issue, activists in Pune under the forum of the RTI Forum for Instant Information (RFII) are working towards taking up this matter with the MSRDC, the chief minister and they are also considering putting a public interest litigation before the High Court. A meeting will be held on Tuesday, 5th April, to chalk out the strategy. 

Vivek Velankar, noted RTI activist and RFII member said, "MSRDC must use technology at toll nakas by putting up motion sensors. This would help in transparency in the actual number of vehicles passing through. Secondly, the MSRDC should declare openly as to for how long citizens will have to pay toll (by announcing a figure) by calculating toll collection up to now; adding interest of IRB's initial capital investment of Rs918 crore deposited with MSRDC in 2004; adding expenditure by way of operation and maintenance of the expressway; and certain amount of profit to the IRB.'' 

Accordingly, MSRDC should either reduce the toll charges in order to keep up with the spirit of the contract, which lasts till March 2019, wherein IRB has been allowed to levy toll charges, or then terminate toll collection and make the Pune-Mumbai Expressway a freeway. RFII has also demanded stern action against the MSRDC's toll monitoring unit, which is an independent consultancy firm, and its admission that it does not look into the revenues that IRB is collecting, although it is binding on it according to the norms which are also put up on MSRDC's website (www.msrdc.org) and also as per the central government guidelines.'' 

Activists in Pune are agitated that the IRB has neglected the maintenance of the Expressway. Says Vijay Kumbhar, a leading RTI activist who was the first to invoke Section 4 of the RTI Act in the country at the Pune Municipal Corporation, "What has the IRB done about the safety of the commuters? The last two-three months have witnessed gory accidents and the cause of most of them is being conveniently labeled as 'human error'. What action has been taken against trucks which are supposed to keep to the left lane, but jam the Expressway on all lanes, particularly during the night hours, leading to senseless accidents?'' 

Chandmal Parmar, noted road accident prevention activist says, "IRB has completely failed in the maintenance and patrolling of the Expressway. It is collecting toll without giving proper services to the people.'' 

In 2010, 443 accidents took place, of which 101 were fatal—103 people were killed. Since January 2011, more than 25 people have died in accidents. 

After Moneylife exposed the Expressway toll scandal last week through the use of RTI, the issue has taken a political hue. Shiv Sena activists inPune took up the issue by organising a rasta roko for half an hour on Friday and their leader Neelam Gorhe also raised the issue in the state legislative assembly. 
We request citizens to join in the campaign to make the MSRDC and IRB accountable. RFII plans to draft a petition letter by Tuesday which will also be uploaded on the Moneylife website. Readers should sign this petition and send it to the chief minister of Maharashtra, as well as the MSRDC (we shall provide the email addresses for this), so that there is ample public pressure that will make them sit up and take note. 

Interestingly, as per a central government notification issued by the Ministry of Road Transport and Highways on 13 January 2011, the base rate for toll charges for vehicles is as follows: 

Car, jeep, LMV: Rs0.65 per km 
Light commercial vehicles: Rs1.05 for every km 
Bus, truck: Rs2.20 for every km 
Three-axle commercial vehicles: Rs2.40 for every km 
Heavy vehicles: Rs3.45 for every km 
Over-sized vehicles: Rs4.20 for every km 

This notification clearly states that these rates are not valid for earlier contracts. But considering that the IRB has overshot its projected profits, the RFII will request the MSRDC to adhere to this new notification in case IRB has yet to reach its target of collection. If you go by this new notification, a car on the expressway would have to pay only around Rs60 for the 95-km route as against Rs165 being charged from 1st April. Says Sinha, "I have traveled by car in states like Goa, Karnataka, Kerala and Tamil Nadu but find that the toll charges in Maharashtra are the highest.'' 

RFII has requested the help of those who are well versed in the law and willing to help to assist in filing a p


>>>

The grand Expressway robbery: How much toll is IRB allowed to collect and who monitors this?
March 29, 2011 08:00 PM | Bookmark and Share 
Vinita Deshmukh
tollnaka8

From 1st April, those using the Pune-Mumbai Expressway will have to pay increased toll charges, which the IRB has been permitted to increase periodically. In the seven years since it took charge, the company has more than recovered the Rs918 crore it had invested initially, but it will continue to collect the toll for another eight years. So who decided this? And who is responsible to check the implementation? 

While the toll charges for travelling on the Pune-Mumbai Expressway (now called Yashwantrao Chavan Expressway) will increase by from 1st April 18%, that is from Rs140 to Rs165 if you are travelling by car, the total absence of transparency in the toll collection system has again aroused suspicion and anger among commuters. In fact, people from across the country are puzzled as to why toll charges on highways/expressways are increased time and again and why they hardly ever have any authentic information on how much is the annual toll collection of the private agency who has been either awarded the contract on the basis of build-operate-transfer (BOT), or has been given the contract for operation and maintenance of the particular expressway or national highway after it is built. 

In the case of the Pune-Mumbai Expressway, Ideal Road Builders (IRB) was awarded the contract of operation, maintenance and toll collection of the e-way (and NH-IV) for the period between 2004 and 2019. Between April 2004 and September 2010, it has already collected Rs949.45 crore by way of toll. The IRB paid an advance of Rs918 crore at the time of the contract agreement in 2004, to be recovered by it through toll collection by March 2019 when the contract terminates. The amount of recovery would include not only its capital investment and interest on it (the Rs918 crore), but also expenses towards operation and maintenance of the e-way. Funnily, there is no total figure of how much it should recover to ensure that it does not make a loss and that it is assured profits, but IRB has been allowed to keep on collecting toll till the end of its contract, with a hike in the toll charges at a regular interval of three years. 

I used Section 4 of the Right to Information Act (RTI) between Friday, 25th March 2011 and Monday, 28th March 2011 to request for the inspection of files of the contract agreement between the Maharashtra State Road Development Corporation (MSRDC) and IRB, and I also asked for the year-wise data of the amount of toll collected from April 2004 to February 2011. I visited the MSRDC office in Pune for this. 

As per the statement of IRB which it has sent to MSRDC, it has collected Rs949.45 crore up to September 2010. (See table for year-wise collection details.) But what about the authenticity of the toll figures supplied by IRB? Does MSRDC monitor the collections? The MSRDC officials threw their hands up saying that they were not responsible for this. However, I pointed out to them that this was in total contradiction to the information available on their website, www.msrdc.org, under 'duties and responsibilities of its toll monitoring unit' which states that MSRDC is responsible for: monitoring the toll receipts; scrutinizing claims of various toll collecting agencies and put for approval by competent authority; taking action against defaulters as per contract conditions; corresponding with regional offices regarding toll collection work and; giving replies under the Right to Information Act. 


toll collection -

Worse, as per the contract agreement which I procured during inspection of files on Monday, IRB has been provided with a chart for increment of toll charges, every three years, up to 2019, when its contract terminates. (In fact, MSRDC is to lease out operation and maintenance of the expresswayup to 2030. Fresh tenders or renewal of IRB's contract will come up after 2019.) Hence, as per the chart that is a part of the contract document, a car owner who drives on the expressway will have to pay Rs195 between 1 April 2014 and 31 March 2017 and Rs230 from 1 April 2017 to 31st March 2020. (See chart, "Schedule of revision of toll rates on the Pune-Mumbai Expressway") Isn't this arbitrary? Could I see any reference document that allow for these increments? AP Abrol, executive engineer of MSRDC, Pune, explained, "IRB had taken a big risk in investing the initial Rs918 crore, as at that time the expressway was hardly patronised by people, and it almost seemed it would be deserted and MSRDC would incur huge losses. Hence, IRB was given the benefit of the risk factor.'' IRB keeps 100% revenue from the toll charges. 


vinita - expressway - toll rates - 

The ambiguity in the volume and period of toll collection not only for the expressway, but for several national highways across the length and breadth of the country, has led former senior police official SM Mushrif to seek legal intervention, after efforts to procure information under the RTI Act failed. The public interest litigation (PIL) filed by him in 2006 is pending before the Bombay High Court. 

When Mr Mushrif asked through the RTI, about the rule under which toll collection is done, the MSRDC provided him a copy of a central government notification dated 5 May 2005 (issued by the Ministry of Shipping, Road Transport and Highways) that states: "As per Rule 3 of  the National Highways (collection of fees by any person for the use of section of national highways/permanent bridge/temporary bridge on National Highways) nothwithstanding anything contained in the Act'', the agency is "entitled to collect and retain fees at such rate, for services or benefits rendered by him as the central government may by notification in the official gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of such national highway, interest on the capital invested, reasonable return, the volume of traffic and the period of such agreement.'' This rule applies to the highway departments of state governments too. 

Similarly, Mr Mushrif stated that, "as per Rule 6 'verification of fee collection' sub-rule 1: it should be the responsibility of the person (the MSRDC in this case)…to strictly ensure that all fees leviable are levied, collected and correctly maintained. The person shall submit certified audited copies of the statements of fee collection at specified intervals as required under the notification for collection under sub-rule 2 of Rule 3. The auditor shall be appointed by the government. And as per sub-rule 2: The central government shall have the right to check the fee collection at any or at all times through their designated officers.'' 

Interestingly, the MSRDC has appointed an independent consultant for monitoring toll collection. However, the engineer of this consultancy company who was present while I was conducting inspection of files told me that, "We monitor everything else, like operation and maintenance, but do not look into the revenue from toll collection.'' Why? Government officials would not like to talk about this aspect, but it reveals favouritism towards this particular private agency. 

A couple of months back, social reformer and activist Anna Hazare threatened to launch an agitation against illegal collection of toll. This was after a high-level committee of PWD chief engineers recommended that 31 out of 165 toll nakas in the state should be abolished as they were set up in blatant violation of norms prescribed by the Centre. Under pressure, the state government closed down 20 of them. For the record, Maharashtra has 165 toll nakas; 28 of which belong to the National Highways Authority of India; 61 belong to the MSRDC and 56 to the Public Works Department. 

Vinita Deshmukh is a senior editor, author and convenor of Pune Metro Jagruti Abhiyaan. She can be reached at vinitapune@gmail.com

Attachment(s) from Jagdeep DESAI

4 of 4 Photo(s)

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2nd straight day of jam on E-way as truck keels over

By: Kaumudi Gurjar  Date:  2011-07-04 Place: Pune







Highway police say heavy vehicles should be checked for brakes, tyre pressure before Expressway entry

For a second consecutive day the Pune-Mumbai Expressway witnessed a traffic jam at the crucial Amrutanjan Point near Lonavla, after a container carrying chemicals fell on its side. A major tragedy was averted as another truck driver suffered brake failure. The truck hit the roadside railings; the Borghat police said it could have been a major catastrophe had the truck hit the tanker carrying explosive chemicals that was in the middle of the road. 


Not again! The accident on the Expressway at Amrutanjan Point


The traffic snarl-up that it caused. Pics/Vishal Suresh

4 hrs to clear road
Both incidents took place early in the morning, leading to a major traffic jam on the Mumbai lane for nearly four hours. Till June this year, nearly 18 fatal accidents have taken place at the same spot, leaving 30 people dead and 23 injured. The spot comes under the jurisdiction of the Borghat outpost, the responsibility of which extends from the Amrutanjan point to Khalapur toll naka on the Expressway and from Shil Phata to Amrutanjan Point on National Highway No. 4.

The Borghat police say most of the accidents at the spot involve heavy vehicles. The reasons for most of the accidents are brake failure and tyre burst. "If heavy vehicles are checked for brakes and air pressure in tyres before they are allowed to ply on the Expressway, the number of accidents and casualties will reduce," said Sub-Inspector L V Bhosale of the Borghat outpost on the Expressway.

Bhosale said yesterday's accident took place after the tyre of container carrying explosive chemicals burst in Borghat near Khandala and the container fell down hitting the road divider, partially blocking the Mumbai lane at the 47 km point. Another truck driver coming from behind hit the roadside railing after its brakes failed. 
The traffic flow was eased after two IRB cranes were called in to clear the road.

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