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Core Purpose

Notification levying user fee on mechanical vehicles for the four-lane Lalitpur-Sagar-Lakhnadon Section of National Highway No. 44 (Old NH-26) in Uttar Pradesh and Madhya Pradesh, under Section 7 of the National Highways Act, 1956 read with the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

Detailed Summary

Issued by the Ministry of Road Transport and Highways on 21 July 2023 as S.O. 3273(E), the notification recites that under earlier notification S.O. 465(E) dated 26 April 2002, issued under Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government had entrusted the stretch from Km 0.000 to Km 131.695 (Jhansi, Uttar Pradesh/Madhya Pradesh section) and Km 131.695 to Km 405.000 (Uttar Pradesh/Madhya Pradesh border to Lakhnadon section) of National Highway No. 26 (renumbered New NH-44 from Km 99.005 to Km 415.089) to the National Highways Authority of India, and that under notification S.O. 2682(E) dated 5 September 2013 the Authority had entered into a concession agreement with M/s DPJ-DRA Tollways Private Limited (registered office, L-8 Himalaya Accord Apartments, Amravati Road, Nagpur, Maharashtra) to collect toll fee; upon completion of that concession agreement, and exercising powers under Section 7 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, the Central Government levies a user fee at 100% of the Table-1 base rate for a net road length of 229.9789 km, an equivalent structure length of 22.745 km (2.2745 km actual structure length, using an equalisation factor of 10), and at 150% of the base rate for bypasses totalling 83.8306 km costing Rs. 10 crore or more, for use of the four-lane Lalitpur-Sagar-Lakhnadon Section (Km 99.005 to Km 415.089) of NH-44, authorising NHAI to collect the fee from the end of the concession period; base rates for 2007-08 (Table 1) range from Rs. 0.65/km (Car/Jeep/Van/Light Motor Vehicle) to Rs. 4.20/km (Oversized Vehicles, seven or more axles), with intermediate rates for Light Commercial Vehicle/Mini Bus (Rs. 1.05), Bus/Truck two-axle (Rs. 2.20), three-axle commercial (Rs. 2.40), and Heavy Construction Machinery/Multi Axle Vehicle four-to-six axle (Rs. 3.45); four fee plazas are specified at Design Km 142.319 (Malthone village, Sagar district, 70.974 km), Km 226.740 (Chitora village, Sagar district, 38.932 km), Km 295.000 (Titarpani village, Sagar district, 56.8221 km) and Km 357.739 (Bakori village, Narsinghpur district, 63.2508 km), with additional 150% bypass fees for named bypasses including Birdha, Barodia, Bandri, Mehar, Sagar, Surkhi, Gourjhamar, Deori, Barman Kalan, Linga, Kareli, Kathotia, Narsinghpur and Lakhnadon; the monthly pass rate for non-commercial vehicle owners residing within 20 km of a fee plaza is Rs. 330 for 2023-24; multi-journey passes cost 1.5 times the one-way fee for two journeys within 24 hours, or two-thirds of the fifty-journey fee for fifty journeys within one month; commercial vehicles registered in the district of the fee plaza pay 50% of the specified rate where no service/alternative road exists; and the estimated capital cost of the project is Rs. 2477.18 crore, subject to variation pending completion of land acquisition, utility shifting and tree cutting; the notification is signed by Suman Prasad Singh, Joint Secretary, under file number NHAI/13013/CO/22-23/FeeNotification/Lalitpur-Sagar-LakhnadonSection/E-218650.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3140] NEW DEL HI, FRIDAY, JULY 21, 2023/ ASHADHA 30, 1945 CG-DL-E-22072023-247548 (1) (2) 226.740 पर 38.932 दकमी 295.000 पर 56.8221 दकमी 357.739 पर 63.2508 कुल 229.9789 118+500 3.847 150% 156.519 1.900 179+119 3.500 क ु ल 9.247 185.992 2.094 219+492 26.504 239.712 4.590 257.992 5.887 क ु ल 39.075 276+052 5.686 317.490 2.751 321.689 1.305 328.814 3.484 क ु ल 13.226 332.080 3.1928 338.830 5.076 347.272 8.1608 413.792 5.853 22.2826 226.740 पर 0.832^ 8.32 दकमी 295.000 पर 0.7009^^ 7.009 दकमी 357.739 पर 0.7416^^^ 7.416 क ु ल 2.2745 22.745 क ु ल 0.7009 क ु ल 0.7416 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 21st July, 2023 S.O. 3273(E).— Whereas by notification of the Government of India in the Ministry of Road Transpo rt and Highways number S.O. 465 (E) ,dated 26 April, 2002 issued under section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government has entrusted the stretch from Kilometer 0.000 to Kilometer 131.695 (Jhansi -Uttar P radesh/Madhya Pradesh section) of National Highway No. 26 in the State of Uttar Pradesh and from Kilometer 131.695 to Kilometer 405.000 (Uttar Pradesh/Madhya Prade sh Border to Lakhnadon section) of National Highway No. 26 (New NH -44 from Km. 99.005 to Km. 415.089) in the State of Madhya Pradesh to the National Highways Authority of India (hereinafter referred to as the “Authority”) And Whereas by notification of the Government of India in the Ministry of Road Transport and Highways number S.O. 2682(E) dated 05th September 2013 , Authority had entered into an agreement with M/s DPJ -DRA Tollways Private Limited having its registered office at L -8 Himalaya Accord Apart ments, Opp. Law College, Amravati Road, Nagpur -440010, Maharashtra , India (hereinafter referred to as the “Concessionaire”) to collect and retain the fee as per notification for expenditure involved in maintenance , management and operation of the said National Highway. Now, therefore, in exercise of the powers conferred by section 7 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 and amended from time to tim e (hereinafter referred to as the “rules”), and upon completion of concession agreement with concessionaire , the Central Government hereby levies the fee on mechanical vehicles at the 100% of rate specified in column (2) of the Table 1 for net road sect ion length of 220.9789 km and for equivalent structure length (having length more than 60m) of 22.745 km (having structure length 2.2745 km) and at one and one half times the base rate for bypasses having length of 83.8306 km costing rupees ten crore or more on the type of vehicles specified in column (1) of the Table 1 below for the use of four lane of Lalitpur -Sagar -Lakhnadon Section from km 99.005 to km 415.089 of National Highway number 44 (Old NH -26) in the State of Uttar Pradesh and Madhya Pradesh and authorises the Authority to collect, either through its officials or through a contractor from the date of end of concession period with concessionaire the said fee, namely: Table -1 Type of vehicle Base rate of fee per km 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 vehicles 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 to be levied and collected hereunder shall be due and payable at the Fee Plaza for net road length specified for such Fee Plaza(s) name ly: Table -2 Location of Fee Plaza(s) (chainage) Length (in km) for which Fee is payable Rate at which fee is payable At Design km 142.319 at Malthone Village of Sagar District in Madhya Pradesh State. 70.974 {Excluding length of Bypass (Costing > Rs. 10 Cr.) and Length of structures (>60 m length) 100% for four or more lanes, of the base rates mentioned in Table -1 above At Design km 226.740 at Chitora Village of Sagar District in Madhya Pradesh State. 38.932 (Excluding length of Bypass Costing > Rs. 10 Cr. and Length of structures (>60 m length) 100% for four or more lanes, of the base rates mentioned in Table -1 above At Design km 295.000 at Titarpani Village of Sagar District in Madhya Pradesh State. 56.8221 (Excluding length of Bypass (Costing > Rs . 10 Cr.) and Length of structures (>60 m length) 100% for four or more lanes, of the base rates mentioned in Table -1 above At Design km 357.739 at Bakori Village of Narsinghpur District in Madhya Pradesh State. 63.2508 (Excluding length of Bypass Costing > Rs. 10 Cr. and Length of structures (>60 m length) 100% for four or more lanes, of the base rates mentioned in Table -1 above Total 229.9789 2. In addition to above, the following fee shall also be due and payable for the use of the bypass costing Rs 10 crore or more at the following Fee Plaza for net bypass length specified for such Fee Plaza(s) : - Table -3 Location of Fee Plaza (Chainage) Name of Bypass Taking off Merging at Length of bypass (in km) for which additional fee is payable Rate at which fe e is payable At Design km 142.319 at Malthone Village of Sagar District in Madhya Pradesh State. Birdha Bypass Km 114+653 Km 118+500 3.847 (Excluding length of structures >60 m length) 150% for four or more lane of the base rates mentioned in Table -1 above Barodia Bypass Km 154.619 Km 156.519 1.900 (Excluding length of structures >60 m length) Bandri Bypass Km 175+619 Km 179+119 3.500 (Excluding length of structures >60 m length) Total 9.247 (Excluding length of structures >60 m length) At Design km 226.740 at Chitora Village of Sagar District in Madhya Pradesh State. Mehar Bypass Km 183.790 Km 185.992 2.094 (Excluding length of structures >60 m length) 150% for four or more lane of the base rates mentioned in Table -1 above Sagar Bypass km 192.693 km 219+492 26.504 (Excluding length of structures >60 m length) Surkhi Bypass Km 235+122 Km 239.712 4.590 (Excluding length of structures >60 m length) Gourjhamar Bypass Km 252.012 Km 257.992 5.887 (Excluding length of structu res >60 m length) Total 39.075 (Excluding length of structures >60 m length) At Design km 295.000 at Titarpani Village of Sagar District in Madhya Pradesh State. Deori Bypass Km 270+291 Km 276+052 5.686 (Excluding length of structures >60 m length) 150% for four or more lane of the base rates mentioned in Table -1 above Barman kalan Bypass Km 314.439 Km 317.490 2.751 (Excluding length of structures >60 m length) Linga Bypass Km 320.384 Km 321.689 1.305 (Excluding length of structures >60 m lengt h) Kareli Bypass Km 325.330 Km 328.814 3.484 (Excluding length of structures >60 m length) Total 13.226 (Excluding length of structures >60 m length) At Design km 357.739 at Bakori Village of Narsinghpur District in Madhya Pradesh State. Kareli Bypass Km 328+814 Km 332.080 3.1928 (Excluding length of structures >60 m length) 150% for four or more lane of the base rates mentioned in Table -1 above Kathotia Bypass Km 333+640 Km 338.830 5.076 (Excluding length of structures >60 m length) Narsinghpur Bypass Km 339.024 Km 347.272 8.1608 (Excluding length of structures >60 m length) Lakhnadon Bypass Km 407.939 Km 413.792 5.853 (Excluding length of structures >60m length) Total 22.2826 (Excluding length of struct ures >60 m length) 3. In addition to above, the following fee shall also be due and payable for the use of the following structures having length more than 60m at the following Fee Plaza(s), by converting the length of structures into an equivalent length of highway by multiplying the length of such structures by an equalisation factor of 10: - Table -4 Location of Fee Plaza(s) (chainage) Length of structures (in km) to be converted into equivalent road length Equivalent road length (in km) Rate at w hich fee is payable At Design km 226.740 at Chitora Village of Sagar District in Madhya Pradesh State. 0.832^ 8.32 100% for four or more, of the base rates mentioned in Table - 1 above At Design km 295.000 at Titarpani Village of Sagar District in Madhy a Pradesh State. 0.7009^^ 7.009 At Design km 357.739 at Bakori Village of Narsinghpur District in Madhya Pradesh State. 0.7416^^^ 7.416 Total 2.2745 22.745 ^The detail is as under: S.NO Chainage Type of structure Length (in km) 1 Km 185+699 Major Bridge 0.108 2 km 207+980 Flyover 0.085 3 km 208+694 Flyover 0.105 4 km 211+804 ROB 0.105 5 km 223+797 Major Bridge 0.144 6 ` km 241+401 Major Bridge 0.093 7 km 244+373 Major Bridge 0.099 8 km 256+642 Major Bridge 0.093 Total 0.832 ^^The detail i s as under: S.No. Chainage Type of structure Length (in km) 1 km 273+757 Major Bridge 0.075 2 km 278+835 Major Bridge 0.0639 3 km 306+233 Flyover 0.120 4 km 316+552 Major Bridge 0.300 5 km 318+210 Major Bridge 0.142 Total 0.7009 ^^^The detail is as under: S.No. Chainage Type of structure Length (in km) 1 km 331+194 ROB 0.0732 2 km 337+699 Major Bridge 0.114 3 km 345+391 Flyover 0.0872 4 km 352+323 Flyover 0.0872 5 km 368+332 Major Bridge 0.160 6 km 384+821 Major Bridge 0.105 7 km 402+987 Majo r Bridge 0.115 Total 0.7416 4. The rate of monthly pass for a person who owns a mechanical vehicle registered for non -commercial purposes and resides within a distance of twenty kilometres from the fee plaza is Rs 330 (Three Hundred and Thirty Only) for the year 2023 -24 and is subject to revision every year as per the provisions of the said rules. 5. For multiple journeys on the highway section, passes shall be issued at the following rates, namely: Table -5 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 date of payment 6. Fee for commerci al vehicle (excluding vehicles plying under National permit) registered in the district 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 comm ercial vehicles. 7. The driver or owner or a person in charge of a mechanical 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. 8. All definitions including category of mechanical vehicles, its permissible load, category of exempted vehicles, service road, alternative road, etc. shall be as per definitions specified in the said rules. 9. The fee rates shall be displayed for information of the users in accor dance with rule 12 of the said rules. 10. 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 on the basis of the completed length of the section and revised annually in accordance with the rule 5 of the said rules and the same shall be published in at least one newspaper in English and vernacular language. 11. The estimated capital cos t of the project is Rupees 2477.18 crore. [The capital cost is subject to variation as the activities of land acquisition, utility shifting, tree cutting, etc. are yet to be completed and the final capital cost w ill be notified separately]. The Authority s hall maintain a record of the recovery of capital cost through user fee realised and after recovery of the capital cost, the fee leviable shall be reduced to 40% of the rates and shall be revised annually in accordance with the said rules. [F. No . NHAI/1 3013/CO/22 -23/FeeNotification/Lalitpur -Sagar -LakhnadonSection/E -218650 ] SUMAN PRASAD SINGH , Jt. Secy . Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Publ ished by the Controller of Publications, Delhi -110054.

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