There are several clearances/approvals which are required at different stages of the project cycle by both the developer as well as the Government.
MCA for development of National Highways require that the parties to the agreement to obtain whatever clearances or approvals are required. The term 'Conditions Precedent' refers to the obligations of the concerned parties which, if not fulfilled, render the rest of the agreement ineffective or unenforceable.
The key approvals/clearances to be obtained by the public entity include the environmental clearance, forest clearance, clearance from the railway Authorities, a no objection certificate and consent letters from the State Pollution Control Board under the Water and Air Pollution Control Acts etc. The non-compliance of 'Conditions Precedent' by any of the parties within the stipulated time may result in termination of the agreement.
Depending upon the nature of the project, the public entity is required to obtain clearances under various legislations such as the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Forest (Conservation) Act, 1980, the Wildlife (Protection) Act, 1972, the EIA Notification, 1994, and the CRZ Notification, 1991 etc. A few other key clearances which the contracting Authority is required to obtain with regard to specific sectors are listed below;
• Where the project to be implemented is in a coastal region - clearance from the Ministry of Environment and Forests (MOEF) as per the Coastal Regulation Zone Notification 2011 issued under the Environment (Protection) Act, 1986
• Where the implementation of infrastructure projects requires a diversion of forest land - clearances from the State Forest Department/ MOEF as per the Forest (Conservation) Act, 1980
• If the road being developed passes through a railway line - clearance from the railway Authority.
A list of the approval/permits/clearances required during the project development process is set out as an Annexure 12B to this module.
| PROJECT | Delhi-Gurgaon Expressway The project was envisaged to ease-up traffic congestion across a 27.7 km four-lane road connecting Delhi to Gurgaon through construction of an eight-lane access controlled carriageway. It was the first BOT project to be awarded on negative grant basis where the private party offered to pay an upfront fee to the public entity keeping in mind the robust traffic projections. There was a delay in project completion due to the requirement of approvals and clearances from a multiplicity of agencies. There were more than 15 Government agencies/civic bodies (Delhi Jal Board, the Ministry of Defence, GAIL, BPCL, Delhi Development Authority, Haryana Urban Development Authority, Airports Authority of India, etc), affected by the development of this carriageway that had to grant various approvals. This became a complex and time consuming process during the construction period. The importance of a single window agency for approvals and inter-departmental coordination was highlighted during this project. Source:http://toolkit.pppinindia.com/highways/module3-rocs-dge1.php?links=dge1 |