Even after 1,164 days of IRB Surat-Dahisar Tollway being issued a 'provisional certificate', it hasn't been able to finish all the works it is supposed to.
It seems like "force majeure" isn't allowing IRB Surat-Dahisar Tollway to complete works on this 239km-long national highway 8 with ultimately motorists bearing the brunt.
Even after 1,164 days of IRB Surat-Dahisar Tollway being issued a 'provisional certificate', it hasn't been able to finish all the works it is supposed to. Ideally, the works should have been through within 90 days of the 'provisional certificate' being issued.
It has been three years, two months and seven days since IRB Surat-Dahisar Tollway was issued a 'provisional certificate' by independent engineer Intercontinental Consultants and Technocrats Pvt Ltd, but for the motorists travelling on this stretch of India's Golden Quadrilateral, there are no signs of the work ending soon.
As per the content of the 'provisional certificate' issued on April 6, 2013, "The construction works that were found to be incomplete… the concessionaire has agreed and accepted that it shall complete all such works in the time and manner set forth in the Agreement."
While the paragraph to which the reference has been made in the Agreement reads, "All items… shall be completed by the concessionaire within 90 (ninety) days of the date of issue of the provisional certificate…"
"Although 90 days has been mentioned in the Agreement, in this case or other toll-based projects, toll collection is being allowed for years. Their contract should be terminated as the Agreement clearly mentions that if the company is unable to complete the works their Agreement should be terminated," demanded Sanjay Shirodkar, anti-toll activist.
The Agreement allows an extension of 120 days, only after the payment of penalty. Apart from mentioning about penalty and termination of contract, the Agreement gives exemption for incomplete works due to delays on account of National Highway Authority of India (NHAI) or force majeure. What is interesting is that the 'provisional certificate' states that there are "some incomplete works" due to NHAI and force majeure, but not all incomplete works are due to these factors.
Questions mailed to NHAI as well as IRB Surat-Dahisar Tollway about provisional and complete certificates for clarity on the subject were not responded to.
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