Legal Challenges for BRTS- Indore - Challenges for BRTS- Indore 30th September 2014 Sandeep Soni...

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Transcript of Legal Challenges for BRTS- Indore - Challenges for BRTS- Indore 30th September 2014 Sandeep Soni...

  • Legal Challenges for BRTS- Indore

    30th September 2014

    Sandeep SoniJoint Collector and Chief Executive Officer

    Atal Indore City Transport Services Ltd.

  • About Indore

    Tier-2 city in central IndiaFinancial capital ofMadhya Pradesh StatePopulation: 2.3 MillionRapidly growing urbanareaGrowing traffic congestionand pollutionGrowing road accidentfatalities

  • Traffic Situation in Indore.. Forecast

  • Imagine China, 2010

    Increasing share of Private Vehicle Ownership

    9.48.7 9.2

    11.612.2

    7.9

    11.6

    9

    10.4

    7.6

    9.79.1

    10.3

    6.6

    11.9

    7.48.3 8.8

    10.4

    6.4 6.3

    8.7

    0

    2

    4

    6

    8

    10

    12

    14

    perc

    enta

    ge (%

    )

    Cities

    Compound Annual Growth Rate (CAGR) of Registered Vehicles inMetropolitan Cities during 2002-2009

    Source: ROAD TRANSPORT YEAR BOOK (2007 - 2009), Volume- I

  • City Bus Operations.BRTS ibus Operations.Intercity Operations.Intercity luxury services.Metro Taxi.Interstate OperationsTele-RickshawPublic Bicycle

    AICTSL Operations

  • Objective of the project

    Integrated multi modal public transport which is

    Fast, Comfortable, Safe,Reliable, and AffordableEnvironment friendly

  • Indore BRT ibusOverview

    An ISO 14001:2004 Certified BRT service

  • Project BasicsInitiated 2007

    Route Length 11.46 km & 6 kmsfeeder

    Road section 31.6 / 60 metres

    System type Closed Median stations

    Stations 21

    Buses 34

    Type of bus 12 m long with AC 900 mm Floor 245 hp, BS III engine

    Completion 31st March 2013

    Operations 10th May 2013

    Ridership 45,500 pax/day (avg)

  • BRTS Components: Responsibilities

    Component Agency Responsible

    Corridor IDA

    Stations IMCITMS AICTSL

    Traffic Signals AICTSL

    Depot / Workshop IMC

    Fleet AICTSL

    Control Centre IDA

    Enforcement Traffic Police / IMC

    Permits RTO

  • Land acquisition and encroachment removal.

    Honble high court case.

    National Green Tribunal order.

    Legal challenges of SPV.

    Other legal challenges

    Different Legal challenges & implications

  • Land acquisition: It was very difficult to acquire landto widen the road.

    Compensation.

    Encroachment removal.

    Resistance from the citizens.

    Challenges faced during the construction period

  • List of encroachments

  • There was a resistance from all sections of the society.

    There was also Honble Court invention and due to this theystay and etc hurdles.

    Shifting of religious structures: This was major challengeand was solved with the proper communication andpatience.

    Encroachments: The encroachment is a major challengeand solved by making people aware of the developmentgoing to happen.

    Road widening encroachment removal

  • Because of all these factors it was a challenge toacquire land and biggest constraint was fund.

    Innovative approach was adopted.

    Spoken to all the stakeholders and communicatedwith then for the project and city development.

    As per the guide line FAR given to the Indorecitizens and land was acquired.

    Solution and Result

  • Earlier the FAR was 1.5 and the benefit of 2.5 wasgiven to the land owner.

    Land exchange technique was adopted and thisbecame very successful.

    Negotiation was done with the land owners atvarious platforms.

    At the end acquired Rs. 280 Crs value land free ofcost for this development.

  • Transforming Indore

  • Transforming Indore

    Arts and Commerce College

  • iBus Station

    Before

    After

  • Bus Rapid Transit (BRT) Features

    SegregatedMedian

    Bus ways

    Large BusesMultiple Wide

    Doors

    Stations with Prepayment and Level Boarding

    Centralized Control

    Distinctive Image

  • BRTS Corridor

  • iBus corridor

  • Spacious and safe stations

  • LEVEL BOARDING

  • Overtaking lanes for Express services

  • The following were the points raised by the petitioner.

    Objection raised on the Gazette Notification.

    Law of equality has not been adopted.

    AICTSL has no legal right to operate the BRT.

    Design is not as per the requirement.

    The bus lane should be shifted to the side.

    Issues in the petition in High court

  • The railing is not required.

    No notification of no parking zone on A.B. Road BRT.

    Encroachments are still pending.

    No financial planning.

    Lack of data analysis.

    Plantation of more trees along the corridor.

  • Convincing the court that the administration is following therules and regulations.

    Focus on the need of the BRTS with proper reasoning andfacts and figures.

    Focusing on outreach activities through different means.(Face book, Presentation, media work, media tour,animation film, distributing brochures)

    Proper and effective representation in the High Court.

    Strategy of Indore Administration

  • Petition filed: 11th Jan 2013

    HC directs Divisional Commissioner to investigate and holdpublic hearing: 30th Jan 2013

    Public Hearing: 10th March 2013: A public hearing was madeby Divisional Commissioner & passed the order on 15th April2013

    Chronology of the Honble High Court Events

  • I sincerely believe that this project should be given a chanceto prove its worth or otherwise. A chance to embark on anew era of public transport, a chance to lead the way out ofcongestion, pollution and encroachments, an opportunity toshow case to the world that Indore can and Indore will.However, the onerous task of making it work lies on theshoulder of each one of us, as its citizens, as administrators,as jurists and as media personalities.

    As the new day dawns I see hope, I see opportunity and Isee a vibrant and enthusiastic Indore true to its culture andcredentials rising upto the occasion and making BRTS work.

    Final words of Divisional Commissioner report

  • HC order permitting BRTS trial runs and ordering report of dry run and trial run to be submitted by administration: 18th April

    2013

  • Dry Run Launch

  • Reached out to various sections of the societyStudents, communities, professional groups etc.Assurance to people project was workable and good forthe city

    Trial run with invited groups

  • Free trial run (for common users)

  • Within four weeks the response was huge

    0

    5000

    10000

    15000

    20000

    25000

    30000

    35000

    1 2 3 4

    WeekRidership (Average) Pax per day

  • Full passenger operations 12th June 2013

  • Bus Ridership on AB Road Corridor

    0

    5,000

    10,000

    15,000

    20,000

    25,000

    30,000

    35,000

    Daily

    Pas

    seng

    er R

    ider

    ship

    300% Increase in 4 months

  • HC order ordering constitution of committee for investigation into the project: 16th July 2013 with members from different field and expertise IIT, IIM, Regional transport, legal

    and society.

    Continuation to the high court case..

  • Honble High Court Direction on four wheeler entry

    Hon High Court vide its order dated 01.10.2013 took into consideration that the committees report was awaited but however as there was congestion of traffic pleaded by the petitioner,

    therefore, the Hon Court held.

  • After inspection on experimental basis as a temporarymeasure in the interest of public at large and also keeping inview the wastage of public time, fuel which is being animportant and prevention of population and also more than100 buses are plying city bus of responded no. 4 company,operation of notification of 17/04/2013 is hereby stayand respondent are directed to permit traffic the 4 wheeler(only) on the BRTS route. Citizens of the citywhich travel on the route are requested to maintain thetraffic in lane and not to overtake on BRT route.

    In the facts and circumstances of the case following direction are being issued by

    Honble High Court

  • Ridership dropped down.

    Congestions on both the lanes (MV and BRT lane).

    Travel time increased.

    Accidents due to the 4 wheelers on the bus lane.

    Traffic jam at the junctions.

    Implications after 4-wheelers entry

  • Ridership declined

  • Outcomes

  • Because of overtaking and over speeding many accidentstook place.

    Indore Administration and AICTSL was filed application formodifying on 11/10/2013 for private 4-wheelers may bestopped from entering the iBus lane.

    The Hon Court vide its order dated 21.10.2013 rejected theapplication with the liberty to file fresh application after thefiling of report by the Expert Committee & directed to imposepenalty those who are not following the order.

    Accidents due to 4 wheeler entry.

  • Near about 25 major accidents were took place dueto the over speeding and over taking of 4 wheelers in side the bus lane.

    More than 2,000 No. of challans were made beforethe High Court Committee report.

    More enforcement was made to make sure thesafety of the ibus passengers.

    Contingency plan was made.

    More accidents and challans..

  • Enforcement on the BRTS.

    Training to the staff to manage the operations.

    Continuous Feedback system.

    Response time of 2 to 3 mins.

    Continuous monitoring on theCCTV Surveillance system.

    AICTSL init