Download CorrespondenceIssues/792_Provisinal NOC HPCL Retail outlet

M/s Euroestudios S.L. - M/s Theme Engineering Services Pvt. Ltd.
Plot No.27, Tigar Hill Nr.Aishwarya Resort,Badi Road, Badgoan
Udaipur (Raj.) – 313004, Tele fax-+91-294-2451321/1421
Email ‐ [email protected]
EE-Theme/UDR/IC KUA/NHAI/2014/792
Date: 26.05.2014
To,
The Project Director,
National Highways Authority of India,
10-A, Panchwati,
Udaipur
Sub : Six-Laning of Kishangarh-Udaipur-Ahmedabad section of NH-79A, NH-79, 76 &
NH-8 including new Udaipur bypass in the states of Rajasthan & Gujarat (Approx Length
555.500 Km) on basis in DBFOT (Toll) under NHDP Phase-V:
- Provisinal NOC for access permission granted by MoRTH to M/s HPCL for
extablishing Retail Outlet at Survey No.387 of village-Dabok, Distt. Udaipur at
K.125+200 (LHS) on NH-76 - Reg.
Ref : Your letter no. NHAI/UDA/6-Lane/Euro/2012/1227, dated– 20/05/2014.
Dear Sir,
In reference to your above cited reference the factual report of the case is as under :
1. On 16.02.2009, The Regional Manager HPCL submitted the proposal for Khasra No. 387,
Village-Dabok Tehsil-Mavli for opening the retail outlet.
2. On 16.09.2009. The P.D. Office, Udaipur return back the proposal due to:
a) Median opening at Km 125+200
b) The ROW at this chainage is 30.35 inside of 40M
3. On 11.11.2009 – The HPCL resubmitted the proposal with following commitments.
a) They will construct a service road in a length of 620 M length, i.e. 300 Meter on either
side of the 20 M long median cut.
b) There is a BPCL outlet at 70 M distance, therefore the service road will cluster with
the adjoining retail outlay also.
c) The service road will be maintained by the fuel pump owner.
4. On 27.01.2010 PD Office submitted the revised application for approval to RO Office,Jaipur
5. On 04.03.2010. The R.O. Office return back the proposal for relaxation due to:
a) What are the norms for relaxation as per guide lines of the MoRTH.
b) This service road will be cluster with other company outlet. Hence consent of other
company required for clustering the same.
6. On 22.03.2010 PD Office return back to HPCL for clarifying the objection raised by RO
Office.
7. On 09.04.2010 The HPCL resubmitted the proposal with following under taking:
a) The existing BPCL outlet is at 55 M away from the present median cut which is hazardous.
b) As per MoRTH letter dt. 31.03.2005 Norms for access for Fuel Station, Service Station
and Rest Areas along National Highways-clarification thereto, it was clarified at S.No. 4
for para 4.4.3 of appendix – 1 & fig. 2 & 4 on the problem (ambiguity) of common
service Road AT COST OF NEW Station owners as:
EUROESTUDIOS S.L.: Head Office: Castelló 128, 28006 Madrid, Spain, email: [email protected]
India Office: Bestech Chamber, 4th floor off no. 410, Sushant lok, Phase-1, Raddision Suits, Sec.-27, Gurgaon-122002 Haryana, Tel: +91-0124-4233691, Fax: +91-0124-4000497
email: [email protected] , [email protected]
TES: - B-24, Gokul Vatika, Jawahar Circle, Jaipur – 302018 (Raj), Tel: +91-141-2724495-97, Fax: +91-141-2724491, email: [email protected]
M/s Euroestudios S.L. - M/s Theme Engineering Services Pvt. Ltd.
Plot No.27, Tigar Hill Nr.Aishwarya Resort,Badi Road, Badgoan
Udaipur (Raj.) – 313004, Tele fax-+91-294-2451321/1421
Email ‐ [email protected]
‘Any objection from the existing fuel station owner to be overruled and access to all
fuel station in case of clustering shall invariably be from the service road only.
Wherever longer service road exists which may itself act as deceleration/
acceleration lane, no separate deceleration/ Acceleration lane is required.”
c) Looking to the above letter there is no need of any consent of other nearby outlet.
8. On 18.05.2010 the P.D. Office has again send letter to HPCL for revising the drawing
the view of 6-laining widening of the existing 4-lane.
9. On 11.07.2011 HPCL resubmitted the file with the following.
a) In the six lane proposal there is a 7 M wide carriageway service road from Km 119.500 to
126.120 towards LHS.
b) In the Six Lane widening there will be no median cut in above length hence the existing
median cut will be closed, there will be no traffic hazard.
c) The objection of existing fuel station owner is to be over rule hence there is no need of
taking consent of BPCL fuel pump.
10. On Dated 29.11.2011 :- P.D.Submitted the case to R.O. for relaxation in view of the above
six laning widening as the concessionaire agreement has been signed.
11. On 23.01.2012 R.O. office submitted to H.Q.
12. On 16.04.2012 Delhi H.O. DGM (CM-1) return back asking who will construct the service
road. The applicant or NHAI, clarify. The site is in urban area as rule 1.2.1(b) distance for
median may be clarify.
13. On 24.04.2012 which to R.O. Office return back to PD for above clarification.
14. On 09.05.2012 – P.D. submitted the replay,
a) In the six lane proposal continuous service road has been shown, which will be
constructed by concessionaire. Approach to all outlet will be from service road & the service
road will serve as ascending /descending lene.
15. On 2.8.2012 R.O. again ask the clarification who will constructed the service road 119.50 to
126.200 .
16. On 30.08.2012 PD replay the above letter as mention at serial no. 14.
17. On 23.10.2012 RO Jaipur submitted the case to H.Q. Delhi
18. On 19.03.2013 H.Q.MoRTH accorded the approval to issue provisional NOC to M/s HPCL
abutting on the LHS boundary of NH-76 between Km. 125.200 and Km. 125.250, Survey
No. 387 at Village-Dabok. Tehsil-Mavli, Dist.Udaipur in the state of Rajasthan.
The approval letter condition no. 4 ( i ) the licensee shall, within three month from date of
receipt of the permission, but without interfering in any way with the highway traffic,
complete the construction of the approach road (including deceleration/acceleration lanes)
and shall make provision for drainage, signs and marking at his own cost and to the full
satisfaction of the Project Director, NHAI in-charge of the National Highway according to
the approved drawing and specification. The said approach road shall not be brought into use
after its completion until the Project Director, NHAI given a completion certificate after
EUROESTUDIOS S.L.: Head Office: Castelló 128, 28006 Madrid, Spain, email: [email protected]
India Office: Bestech Chamber, 4th floor off no. 410, Sushant lok, Phase-1, Raddision Suits, Sec.-27, Gurgaon-122002 Haryana, Tel: +91-0124-4233691, Fax: +91-0124-4000497
email: [email protected] , [email protected]
TES: - B-24, Gokul Vatika, Jawahar Circle, Jaipur – 302018 (Raj), Tel: +91-141-2724495-97, Fax: +91-141-2724491, email: [email protected]
M/s Euroestudios S.L. - M/s Theme Engineering Services Pvt. Ltd.
Plot No.27, Tigar Hill Nr.Aishwarya Resort,Badi Road, Badgoan
Udaipur (Raj.) – 313004, Tele fax-+91-294-2451321/1421
Email ‐ [email protected]
satisfying himself. The fuel station would be energized by the concerned oil company only
after completion certificate has been issued by the Highway Authority.
In the next paragraph it is further notified that,
In this regard it is mentioned that in case the proposal for grant of final formal
permission and signing of License deed are not received within one year of grant of
provisional NOC by the Ministry, the proposal may deemed as cancelled and the
provisional NOC granted by the Ministry may be treated as withdrawn.
19. On 15.04.2013 in reference to the above approval from ministry PD, NHAI has issued letter
to HPCL confirming the provisional NOC grant.
From the above factual report it is clear that the provisional approval has been given in
accordance with the norms fixed by MoRTH time to time. If we further examine the approval
letter condition 4 (i).
The licensee shall complete the work within three months from the date of receive the
permission & get the complication certificate from concern Project Director, NHAI.
The licensee has not complied the above condition
For final formal permission & signing the licensee dead papers should be submitted within
one year of grant of provisional NOC by the Ministry.
The above condition was also not complied within one year time i.e. from 15.04.2013 to
14.04.2014. Hence the above proposal deemed to be cancelled & provisional NOC granted
by the ministry may be treated as withdrawn.
The final drawing submitted by the licensee has shown 50x40 Meter size plot the above fuel
pump.
The above repot is submitted for further necessary action your good self end. Thanking you
and assuring our best services at all times. We remain.
Yours Faithfully,
M/s. EUROESTUDIOS S.L., Theme Engineering Services Pvt. Ltd.
(M.S. Pandya)
Sr. Pavement Specialist
Encl. Orignal file
EUROESTUDIOS S.L.: Head Office: Castelló 128, 28006 Madrid, Spain, email: [email protected]
India Office: Bestech Chamber, 4th floor off no. 410, Sushant lok, Phase-1, Raddision Suits, Sec.-27, Gurgaon-122002 Haryana, Tel: +91-0124-4233691, Fax: +91-0124-4000497
email: [email protected] , [email protected]
TES: - B-24, Gokul Vatika, Jawahar Circle, Jaipur – 302018 (Raj), Tel: +91-141-2724495-97, Fax: +91-141-2724491, email: [email protected]