As per the note, adequate precautions should have been taken earlier to keep fare fixation and revision out of the purview of the Metro Railways Act, 2002.
A dissent note in the Fare Fixation Committee (FFC) report on Mumbai Metro fares has said that the Metro Railway (Operation and Maintenance) Act, 2002, which is applicable for Mumbai's corridor, has not been "clearly spelt out", especially for a public-private partnership (PPP) project like the Versova-Andheri-Ghatkopar line. And that's why Mumbaikars are paying a fare of Rs40 instead of Rs13, it added.
"...the existing rules to guide the FFC to enable it to fix the fare... have not been clearly spelt out so far, specially for a PPP project. This has proved to be a major challenge and constraint for the FFC. It is suggested that this aspect be dealt (with) by Government of India, at the earliest, specially for PPP metro projects, since affordability and reasonability of fare structure will be the essence for the common public at large (sic)," noted former Maharashtra chief secretary Jayant Kumar Banthia, one of the three members of the FFC.
As per the note, adequate precautions should have been taken earlier to keep fare fixation and revision out of the purview of the Metro Railways Act, 2002. "The very applicability of the provisions of Fare Fixation in this case did not arise, since it was a PPP project, whose pre-bid parameters were already decided and frozen in terms of fare structure and service levels… This action, however, does not alter the BASIC and FUNDAMENTAL NATURE of the PARAMETERS, which were conditions precedent to the bidding process and inherent part of the bid document for the proposed execution of the Mumbai Metro Project. (sic)."
Stating that it cannot be assumed to have given a complete go-by to the basic and unalterable parameters, terms of this project, as per the Concession Agreement, Banthia termed Mumbai Metro a unique project where the Metro Railways Act has been superimposed on the existing Concession Agreement. Therefore, the need is to have harmonious interpretation of the Agreement with the Act, his note said.
For this purpose, the state Urban Development Department and Mumbai Metropolitan Region Development Authority had met minister of urban development Venkaiah Naidu on Monday in New Delhi, so that the Act can be amended for such a 'unique project'.
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