Presentation on theme: "Legal Challenges for BRTS- Indore 30 th September 2014 Sandeep Soni Joint Collector and Chief Executive Officer Atal Indore City Transport Services Ltd."— Presentation transcript:
Legal Challenges for BRTS- Indore 30 th September 2014 Sandeep Soni Joint Collector and Chief Executive Officer Atal Indore City Transport Services Ltd.
About Indore Tier-2 city in central India Financial capital of Madhya Pradesh State Population: 2.3 Million Rapidly growing urban area Growing traffic congestion and pollution Growing road accident fatalities
Traffic Situation in Indore.. Forecast
Imagine China, 2010 Increasing share of Private Vehicle Ownership Source: ROAD TRANSPORT YEAR BOOK ( ), Volume- I
City Bus Operations. BRTS ibus Operations. Intercity Operations. Intercity luxury services. Metro Taxi. Interstate Operations Tele-Rickshaw Public Bicycle AICTSL Operations
Objective of the project Integrated multi modal public transport which is Fast, Comfortable, Safe, Reliable, and Affordable Environment friendly
Indore BRT ‘ ibus ’ Overview An ISO 14001:2004 Certified BRT service
Project Basics Initiated 2007 Route Length km & 6 kms feeder 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 31 st March 2013 Operations 10 th May 2013 Ridership 45,500 pax/day (avg)
Land acquisition and encroachment removal. Hon’ble 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 land to 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 Hon’ble Court invention and due to this they stay and etc hurdles. Shifting of religious structures: This was major challenge and was solved with the proper communication and patience. Encroachments: The encroachment is a major challenge and solved by making people aware of the development going to happen. Road widening encroachment removal
Because of all these factors it was a challenge to acquire land and biggest constraint was fund. Innovative approach was adopted. Spoken to all the stakeholders and communicated with then for the project and city development. As per the guide line FAR given to the Indore citizens and land was acquired. Solution and Result
Earlier the FAR was 1.5 and the benefit of 2.5 was given to the land owner. Land exchange technique was adopted and this became very successful. Negotiation was done with the land owners at various platforms. At the end acquired Rs. 280 Crs value land free of cost for this development.
Arts and Commerce College
iBus Station Before After
Bus Rapid Transit (BRT) Features Segregated Median Bus ways Large Buses Multiple Wide Doors Stations with Prepayment and Level Boarding Centralized Control Distinctive Image
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 the rules and regulations. Focus on the need of the BRTS with proper reasoning and facts 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: 11 th Jan 2013 HC directs Divisional Commissioner to investigate and hold public hearing: 30 th Jan 2013 Public Hearing: 10 th March 2013: A public hearing was made by Divisional Commissioner & passed the order on 15 th April 2013 Chronology of the Hon’ble High Court Events
I sincerely believe that this project should be given a chance to prove its worth or otherwise. A chance to embark on a new era of public transport, a chance to lead the way out of congestion, pollution and encroachments, an opportunity to show case to the world that Indore can and Indore will. However, the onerous task of making it work lies on the shoulder 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 I see a vibrant and enthusiastic Indore true to its culture and credentials 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: 18 th April 2013
Dry Run Launch
Reached out to various sections of the society Students, communities, professional groups etc. Assurance to people – project was workable and good for the city Trial run with invited groups
Free trial run (for common users)
Within four weeks the response was huge
Full passenger operations – 12 th June 2013
Bus Ridership on AB Road Corridor 300% Increase in 4 months
HC order ordering constitution of committee for investigation into the project: 16 th July 2013 with members from different field and expertise – IIT, IIM, Regional transport, legal and society. Continuation to the high court case…..
Hon’ble High Court Direction o n four wheeler entry Hon High Court vide its order dated took into consideration that the committee’s 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 temporary measure in the interest of public at large and also keeping in view the wastage of public time, fuel which is being an important and prevention of population and also more than 100 buses are plying city bus of responded no. 4 company, operation of notification of 17/04/2013 is hereby stay and respondent are directed to permit traffic the 4 – wheeler(only) on the BRTS route. Citizens of the city which travel on the route are requested to maintain the traffic in lane and not to overtake on BRT route.” In the facts and circumstances of the case following direction are being issued by Hon’ble 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 accidents took place. Indore Administration and AICTSL was filed application for modifying on 11/10/2013 for private 4-wheelers may be stopped from entering the iBus lane. The Hon Court vide its order dated rejected the application with the liberty to file fresh application after the filing of report by the Expert Committee & directed to impose penalty those who are not following the order. Accidents due to 4 – wheeler entry.
Near about 25 major accidents were took place due to the over speeding and over taking of 4 – wheelers in side the bus lane. More than 2,000 No. of challans were made before the High Court Committee report. More enforcement was made to make sure the safety 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 the CCTV Surveillance system. AICTSL initiatives to overcome the issues
80% passengers use iBus thrice a week or more Out of passengers travelling on iBus thrice a week or more, 47% own private vehicles (car or 2-wheeler)
24% passengers shifted from private modes (cars and 2-wheelers) 18% shifted from Tata Magic/Van
16% suggested route expansion 22% suggested adding more buses and relieving congestion 22% passengers expressed complete satisfaction, with no suggestions 31% passengers suggested provision of other features such as passenger amenities, more plantation, longer running hours etc.
Exclusivity for iBus should be reinstated in the BRT lanes. Safety: The safety of the citizens if of the highest priority in any project. BRT Lane utilization. Speed and delay:- On both the lanes committee observed delay. Traffic congestion on both the lanes. The Hon High Court Committee submitted its report on 30th December, As per following recommendation and observation in BRTS
The committee reports says that the BRT existence is in the exclusiveness of the bus lane. There is a need of safer, reliable and faster public transport system and BRTS is a solution to this issue. More buses to be brought to make people shift the private vehicles. Continuation of the committee’s report
Total 45 hearing were made but the final decision is awaited. The last hearing was made on 19/09/2014. The next tentative hearing date is 05/11/2014. Continuation of the High Court petition
The same petitioner filed the PIL against the BRTS construction on April Stop the use of diesel fuelled buses in the BRTS. Replacement plantation of five times the trees destroyed In BRTS Corridor. Petitions in Honourable, National Green Tribunal, Central Zone Bench, Bhopal
Entire BRTS project to be reanalysed on the grounds of pollution and for the sake of healthy environment of the city, till then the project may be stayed. Indore administration planted more trees and took Indore pubic campaign to increase the greenery. In the end the case was disposed of saying to plant more trees and subsidised fuel availability for Indore. NGT continues
Near about 100 traffic wardens were deployed but not having legal authority. Problems were faced on the operations since they cant stop anyone because of no power. The solution was made by District Magistrate that to give these wardens a level of special police officer. Some issues were solved by the training of these wardens by traffic police. Legal enforcement issue
The issues were related to the notification. AICTSL MoU was challenged in the High Court. Petitioner raised the question that who will manage the BRT. It was challenged that how a SPV given a right to operate the BRTS. S.P.V. (AICTSL) legal issues
Administration decided to shift the IPT to other routes by which the feeder to the BRTS could be made. The union of IPT filed an application to the High Court. The Hon’ble high court disposed the petition and given rights to Divisional Commissioner to shift as per the requirement. Legal issues with the IPT unions and court case
With the focused efforts. Reliable operations. Strong leadership. Inter departmental coordinate efforts. Strong, controlled & corrective systems. Use of social media and outreach activities. Learning from the legal issues and there compliance. BRTS started getting momentum from 200 passengers first day to 47,000 pax yesterday. BUT….. Outstanding popularity to Indore ibus
More emphasis on the frequency of the buses. Variable scheduling as per the demand that leads to the increase in ridership every week. With the proper focus on operations and safety there are lesser legal issues. With all these efforts all are getting success and expanding. AICTSL is increasing the operations in various other wings. Current status
The graph showing the ridership increase
Intercity – interstate bus operations. Metro taxi operations. Tele – rickshaw. More number of city buses. Public bicycle operations. Expansion of BRTS. Operations
Indore Intelligent Infrastructure under GEF Project Arterial Management Advanced Signal Systems Transit Signal Priority Emergency Vehicle Preemption Bicycles & Pedestrians Transit Management Fleet Management (AVL/CAD) Passenger Information System Electronic Payment & Pricing Advanced Fare Collection System Traveler Information Variable Message Signs Incident Management Video Surveillance & Detection Traffic Management Center for Information Dissemination Emergency Management Emergency Traveler Information System INDORE INTELLIGENT INFRASTRUCTURE