NHAI slams GMR for termination notice for biggest highway project

NEW DELHI: National Highways Authority of India (NHAI) has hit back at infrastructure major GMR on its termination notice for the country's biggest highway project worth at least Rs 6,000 crore. The Authority in its reply to GMR has said that the company did not give 90-day cure period (to rectify and address the deficiencies), and how it is in violation of the norms laid down in the concession agreement.

NHAI was to respond to the GMR notice to exit from Kishangarh-Udaipur-Ahmedabad project by January 4. GMR has cited NHAI's failure to get environmental clearance for the 555-km highway project and to notify the revised toll rate on this stretch being widened from four to six lanes.

"The notice served on us had several deficiencies, and we have spelt them out clearly. The revised toll notification has been done and environment clearance will be obtained in the next few days," said a senior NHAI official.

Sources said that the toll notification was done after highways minister C P Joshi held a meeting at his residence on Monday evening and the environment and forest ministry (MoEF) has been approached to convene a special meeting of the Forest Advisory Committee (FAC) to grant clearance.

The project has huge significance considering it being the country's first mega highway project. In addition, if the contract gets cancelled, NHAI would directly lose revenue of Rs 636 crore annually, which increases 5% every successive year. The Authority's own estimate shows the total revenue during the entire contract period would be at least Rs 9,000 crore at net present value.

Indications abound that in case GMR still decides to opt out of the project, NHAI would forfeit the company's bank guarantee along with other harsh steps. "We don't want this to be a precedent for other concessionaires who would show delay in environment clearance to exit from the project and consequently forcing us to rebid them," said a senior ministry official.

NHAI also seems to use this case to draw MoEF's attention to fast track green clearance, highlighting the laxity on the green ministry's part to grant such nods. NHAI chairman R P Singh wrote to MoEF secretary V Raja Gopalan on December 24, "Any delay on our part in giving environment clearance can be construed as an indirect support to the contention of the concessionaire" while seeking his personal invention to convene a special meeting of the FAC.

According to NHAI, the project got environment clearance in early June, with a rider that stage-1 of forest clearance for the venture is obtained. This requires diversion of 37.62 hectares reserved forest and 40.39 hectares of protected forest that fall in Rajasthan. The state government has processed and sent its proposal in mid-November. Even after some of the queries of MoEF were cleared, the proposal was not placed before the FAC that met on December 21 and 22.

A part of the project also falls in Gujarat, and hence forest diversion is required for 173.39 hectares. NHAI officials said that the Gujarat government has given its nod after the poll code for the assembly election was lifted.

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NHAI slams GMR for termination notice for biggest highway project