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Core Purpose

Notification fixing and authorizing collection of user fees on the Delhi-Hapur (ToT mode) stretch of NH-9 under Section 8A of the National Highways Act, 1956, read with the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

Detailed Summary

S.O. 1504(E) dated 21st March 2024, issued by the Ministry of Road Transport and Highways, recites that under earlier notifications S.O. 1175(E) dated 22nd March 2016 and S.O. 78(E) dated 4th February 1999 (issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988)), the Delhi-Ghaziabad (Km 0.000 to 27.620) and Ghaziabad-Hapur (Km 27.60 to 59.00) stretches of NH-24 were entrusted to the National Highways Authority of India; and that pursuant to Section 14 of that Act, NHAI entered an agreement dated 13.01.2024 with M/s Delhi Hapur Meerut Expressway Private Limited (registered office B-376, Upper Ground Floor, Nirman Vihar, New Delhi-110092) for Tolling, Operation, Maintenance and Transfer (ToT mode) of the Delhi-Hapur section (km 0.000 Nizamuddin Bridge to km 50.934 of NH-9, old NH-24). In exercise of powers under Section 8A of the National Highways Act, 1956 (48 of 1956), read with the National Highways Fee (Determination of Rates and Collection) Rules, 2008 [GSR 838(E) dated 05.12.2008] and its listed subsequent amendment rules (2010-2022), and in supersession of S.O. 2503(E) dated 12th July 2019, the Central Government levies fees on mechanical vehicles for a total equivalent road length of 114.456 km (43.876 km road plus 7.058 km of structures with equivalent length 70.580 km), authorizing the Concessionaire to collect and retain fees from the Appointed Date. Base rates per km for 2007-08 range from Rs. 0.65 (car/jeep/van/LMV) to Rs. 4.20 (oversized vehicles, seven-plus axles); fees are payable at the Fee Plaza at Km/Ch. 39.730 near Chhajarsi village, Pilkhuwa, Hapur district, Uttar Pradesh. The monthly local-resident pass rate is Rs. 330.00 for 2023-24; commercial vehicles registered in the local district pay 50% of the specified rate where no service road is available. Issued under File No. NHAI/FIN/TOT/2023-24/TOT-14/FeeNotification/Delhi-Hapur section/E-235875, signed by Suman Prasad Singh, Joint Secretary.

Full Text

2164 GI/202 4 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 1435] NEW DELHI, THURSDAY , MARCH 21, 2024 /CHAITRA 1, 1946 CG-DL-E-22032024-253296 CG-DL-E-22032024-253296 (1) (2) 100% 100% 2 बड़ा पुल 0.529 1.080 0.551 5.510 6 बड़ा पुल 8.956 9.160 0.204 2.040 7 बड़ा पुल 14.524 14.736 0.212 2.120 8 रेल ओवर जिि 20.447 20.567 0.120 1.200 9 बड़ा पुल 33.315 33.435 0.120 1.200 क ु ल 7.058 70.580 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 21st March , 2024 S.O. 1504(E).—Whereas by notification of the Government of India in the Ministry of Road Transport and Highways nu mber S.O. 1175(E), dated the 22nd March, 2016 and S.O 78 (E) date 4th February’1999, issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government has entrusted the stretch from Delhi -Ghaziabad from Km. 0.000 to Km. 27.620 and the stretch from Ghaziabad to Hapur including Hapur bypass from kilometer 27.60 to kilometer 59.00 respectively of National Highway number 24 in the Union Territory of Delhi and in the State of Uttar Pradesh to the National Highway Authority of India (hereinafter referred to as the “Authority”); And whereas, pursuant to the provision of Section 14 of the National Highways Authority of India Act, 1988 (68 of 1988), the Authority has entered into an Agreement (hereinafter referred t o as said agreement) with M/s Delhi Hapur Meerut Expressway Private Limited, having its registered office at B -376, Upper Ground Floor, Nirman Vihar, New Delhi – 110 092, (hereinafter referred to as the “Concessionaire”), on 13.01.2024 for the Tolling, Ope ration, Maintenance and Transfer (ToT mode) of Delhi -Hapur km 0.000 (Nizamuddin Bridge) of NH -9 (Old NH -24) to ending at km 50.934 of NH -9 (Old NH -24) in the Union Territory of Delhi and Uttar Pradesh (hereinafter referred to as the said section) of the Na tional Highway. Now, therefore, in exercise of the powers conferred by section 8A of the National Highways Act, 1956 (48 of 1956), read with Rule 3 of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 [GSR 838 (E) dt. 05.12.200 8] read along with National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2010 [GSR 950(E) 03.12.2010], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2011 [GSR 15(E) 12.01.2011], National Highways Fe e (Determination of Rates and Collection) Second Amendment Rules, 2011 [GSR 756 (E) 12.10.2011], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2013 [GSR 778(E) 16.12.2013], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2014 [GSR 26(E) 16.01.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2014 [GSR 831(E) 21.11.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2014 [GSR 02(E) 29.12.2014], National Highways Fee (Determination of Rates and Collection) Amendment Rules 2015 [GSR 220(E) 23.03.2015], National Highways Fee (Determination of Rates and Collection) Amendment Rules 2016 [GSR 585(E) 08.06.2016], National Highways Fe e (Determination of Rates and Collection) Amendment Rules 2016 [GSR 1114(E) 02.12.2016], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2017 [GSR 248(E) 14.03.2017] , The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2018 [GSR 427(E) 07.05.2018], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2018 [GSR 920(E) 25.09.2018], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2019 [GSR 942(E) 20.12.2019], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 298. 15.05.2020], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 523(E) 24.08.2020], Th e National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2020 [GSR 804(E) 30.12.2020], The National Highways Fee (Determination of Rates and Collection) Amendment Rules, 2022 [GSR 467(E) 24.06.2022] and any other amendments till bid due date and in supersession of the Notification Number S.O. No. 2503(E) dated 12th July 2019 except as respect things done or omitted to be done before such supersession, the Central Government, having regard to the expenditure involved in building, main tenance, management and operation of the said Section of said National Highway, interest on the capital invested, reasonable return, the volume of traffic and the period of said agreement entered between the Authority and the Concessionaire, hereby notifie s that there shall be levied and collected fees on mechanical vehicles at the rate specified in column (2) of the Table 1 for total equivalent road length of 114.456 km [including 43.876 km road and 7.058 km of structures (having length more than 60m) with equivalent length of 70.580 km (hereinafter called as the “base rate”), on the Type of Vehicles specified in column (1) of the Table 1 below and authorises the said Concessionaire to collect and retain the fee on and from the Appointed Date or publication of this Notification in the Official Gazette, whichever is later, till the date of termination as specified in the agreement. This fee notification shall be effective from the Appointed Date of the ToT project. Table 1 Type of vehicle Base rate of fee pe r km* for NH section of four or more lanes for the base year 2007 -08 (in Rupees) (1) (2) Car, Jeep, Van or Light Motor Vehicle 0.65 Light Commercial Vehicle, Light Goods Vehicle or Mini Bus 1.05 Bus or Truck (Two Axles) 2.20 Three -axle commercial veh icles 2.40 Heavy Construction Machinery (HCM) or Earth Moving Equipment (EME) or Multi Axle Vehicle (MAV) (four to six axles) 3.45 Oversized Vehicles (seven or more axles) 4.20 1. The fee levied and collected hereunder shall be due and payable a t the following Fee Plaza for the net road length specified for such Fee Plaza: Table -2 S. No. Location of Fee Plaza (Chainage) Length (in km) for which Fee is Payable (Excluding Structures > 60m length) Rate at which Fee is payable 1 At Km./Ch. 39.730 design chainage (existing km 38.810 km) of NH -9 (Old NH -24) at Chhajarsi village near Pilkhuwa in Hapur district of Uttar Pradesh 43.876 km (Excluding length of structure > 60 m) 100% of the base rates as per Table -1 above 2. In addition to above , the following fee shall also be due and payable for the use of the following structures having length more than 60 m at the following Fee Plaza(s), by converting the length of structures into an equivalent length of highway by multiplying the length of s uch structures by an equalisation factor of 10: - Table -3 S. No. Location of Fee Plaza (Chainage) Length of structures (in km) to be converted into equivalent road length Equivalent road length (in km) Rate at which Fee is payable (1) (2) (3) (4) (5) 1. At km 39.730 design chainage (existing km 38.810 km) of NH - 9 (Old NH -24) at Chhajarsi village near Pilkhuwa in Hapur district of Uttar Pradesh 7.058* 70.580 100% of the base rates mentioned in Table -1 above * The details of structure (> 60 m length) are a s under: Table -4: List of Structure having length more than 60m S. No. Type of Structure Design Chainage Total Length (km) Equivalent road length (in km) From Km To Km 1 Elevated Structure of 720 m length of LHS only (which is part of Interchange) -0.492 0.288 0.360 3.600 2 Major Bridge 0.529 1.080 0.551 5.510 3 Elevated Structure 1.888 2.208 0.320 3.200 4 Elevated Structure 6.842 7.047 0.205 2.050 5 Elevated Structure 7.904 8.190 0.286 2.860 6 Major Bridge 8.956 9.160 0.204 2.040 7 Major Bridg e 14.524 14.736 0.212 2.120 8 Rail Over Bridge 20.447 20.567 0.120 1.200 9 Major Bridge 33.315 33.435 0.120 1.200 10 Elevated Structure 40.655 45.335 4.680 46.800 Total 7.058 70.580 3. The rate of monthly pass for a person who owns a mechan ical vehicle registered for non -commercial purposes and resides within a distance of twenty kilometers from the fee plaza is Rs. 330.00 (Rupees Three Hundred Thirty only) for the year 2023 -24 and is subject to revision every year as per the provisions of t he said rules. 4. For multiple journeys on the highway section, passes shall be issued at the following rates, namely: Amount Payable Maximum number of one -way journeys allowed Period of validity One and half times of the fee for one - way journey Two Twenty -four hours from the time of payment Two-third of amount of the fee payable for fifty single journeys Fifty One month from the date of payment 5. Fee for commercial vehicle (excluding vehicles plying under national permit) registered in the di strict where the fee plaza falls shall be 50% of the specified rate for that category of vehicle provided no service road or alternative road is available for use of such commercial vehicles. 6. The driver or owner or a person in charge of a mechan ical vehicle which is loaded in excess of permissible load specified for its category, shall be liable to pay fee for entering the overloaded vehicle on the National Highway to the fee collecting agency, equal to the fee specified in sub -rule 1A of rule 10 of the said rules, and shall not be entitled to make use of the highway section unless the excess load has been removed from such mechanical vehicle. 7. All definitions including category of mechanical vehicles, its permissible load, category of e xempted vehicles, service road, alternative road etc. shall be as per definitions specified in the said Rules. 8. The Fee rates shall be displayed for information of the users in accordance with rules 12 of the said Rules. 9. Based on the Base Rate of Fee per Kilometer for the base year 2007 -08 as mentioned in Table -1 above, the actual amount of fee to be charged from the mechanical vehicles and the discounts will be calculated by the Authority. The same shall be got published by the Author ity in at least one newspaper in English and vernacular language through the Concessionaire and thereafter revised annually in accordance with the rule 5 of the said rules and provisions of the Concession Agreement and will be published; provided, however , that such revision shall not be effected until a period of 6 (six) months from the date of the preceding revision of fee. [F. No. NHAI/FIN/TOT/2023 -24/TOT -14/FeeNotification/Delhi -Hapur section/E -235875 ] SUMAN PRASAD SINGH , Jt. Secy. Uploaded by Dte. o f Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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