Legal Challenges for BRTS- Indore - Challenges for BRTS- Indore 30th September 2014 Sandeep Soni...
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Legal Challenges for BRTS- Indore
30th September 2014
Sandeep SoniJoint Collector and Chief Executive Officer
Atal Indore City Transport Services Ltd.
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
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
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
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
Stations IMCITMS AICTSL
Traffic Signals AICTSL
Depot / Workshop IMC
Control Centre IDA
Enforcement Traffic Police / IMC
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.
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.
Arts and Commerce College
Bus Rapid Transit (BRT) Features
Large BusesMultiple Wide
Stations with Prepayment and Level Boarding
Spacious and safe stations
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
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
1 2 3 4
WeekRidership (Average) Pax per day
Full passenger operations 12th June 2013
Bus Ridership on AB Road Corridor
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
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
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.