Lax state fails to notify Act, may delay Metro-I - Times of India

Lax state fails to notify Act, may delay Metro-I

Clara Lewis,TNN | Oct 28, 2013, 06.50 AM IST

MUMBAI: The state government's failure to notify the Versova-Andheri-Ghatkopar Metrounder the Metro Railways (Operations & Maintenance) Act 2002, may delay the commissioning of the project. 

The state has promised that the entire 11.4-km route will be commissioned by Decemberend . But the Mumbai Metro One Pvt Ltd (MMOPL) is constantly maintaining that it will commission the project this fiscal ; it is not committing to the December deadline. 

In 2004, the urban development department had issued a government resolution for implementation of a tramway/ mass rapid transport system in the VAG Metro project through public-private participation and appointed MMRDA as the implementing agency. In 2007, the state had authorized the construction and maintenance of the project under the Tramways Act, 1886. But in 2009, the Centre, through a gazette notification , extended the Metro Act to all other metropolitan cities, including the MMR. 

MMOPL sources said since March 2010, they have been writing to the MMRDA for clarity as to which Act is now applicable to the project. "Without this, no approvals can be obtained. Without an Act, the functioning of the concessionaire is illegal, and if this issue is not clarified soon it will delay the project," said a source. 

Sources said that owing to the lack of clarity, MMOPL can't invite the Research and Design Standard Operations (RDSO) to inspect the Metro for safety features. "Unless the RDSO passes its remarks, the commissioner of metro railway safety inspect and certify it for operation," said a source. 

In August, MMOPL had written to the MMRDA saying that it would not be responsible for any delay in "achieving the commercial operations date due to non-resolution of the issue by the MMRDA" . It also said the MMRDA will have to pay compensation for the "time and cost implication arising from the issue" . Sources said MMOPL has been pushing for the shift as it wants the state to change the fare structure and pay for the cost escalation. 

But MMRDA chief U P S Madan said, "The Metro will become operational by December-end . The RDSO has given approval to a number of safety features ." The delay in notifying the project under the Metro Act was because the state has been studying the legal implications of the shift on the concession agreement, he said, adding that one of the key issues were changes in the fare structure. "The fare structure has now been notified, but there are other issues. We don't want the agreement to be superseded by the Metro Act. These should soon be resolved and we shall notify the project under the Act." On cost escalation, Madan said it would be sorted out after the Metro was commissioned. 

Fine print issues 

In 2006, PM Manmohan Singh had inaugurated the Versova-Andheri-Ghatkopar Metro. In 2007, the project was passed under the Tramways Act, 1886, as then there was no Act to deal with Metros. In 2009, the Centre by a gazette notification extended the Metro Railways (Operation and Maintenance Act) 2002, to all metropolitan cities, including MMR. 

The 11.4-km VAG Metro has missed several deadlines since December 2010 till last month. Both the MMRDA and the state insist that it will be commissioned in December 2013, but MMOPL is not committing itself to this date; it said that the VAG will be completed this fiscal MMOPL said that as the project has not been notified under the Metro Acts, it cannot invite the Research Design and Standards Organisation to carry out inspections. Unless the inspection is done the commissioner for metro railway safety cannot issue a certificate, without which the Metro cannot be commissioned MMRDA says that the delay in shifting from the Tramways Act to the Metro Act is because the state government has been closely studying the legal implications on the concession agreement, especially the fare structure. 

The project cost has shot up from Rs 2,356 crore to Rs 4,291 crore over the years.

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