Letter on Encumbered Area on Highway

The Highway Authority

Subject: Letter on Encumbered Area on Highway. Clearance of Encumbered Area (Religious/Political/Govt./Departmental) along the Project Highway – Reg.

Dear Sir,

Please refer to our several letters regarding handing over the Site.

Pursuant to provisions of Sub-Clause 10.3 of the Concession Agreement, the required joint Memorandum was prepared and signed on 01.01.2025. We have not been provided with further lands to facilitate the construction and completion of the project highway on schedule time.

As per provisions of Article 10.4 of the Concession Agreement, “the Site shall be made available by the Highway Authority to the Concessionaire free from all Encumbrances“. Due to non-removal of the existing encumbrances, we are unable to take up the construction activities.

During the project review meeting held in your office at XXXX location on 5th January 2025, we proposed to undertake the shifting of sensitive structures viz. Temples, Mosques, Mazars, Churches, Political Statues, Govt./School Buildings/Structures etc. with a request for subsequent reimbursement of the cost incurred.

Accordingly, we have conducted an extensive survey to identify such structures falling in the construction of Main Carriageway of the project highway.

We would like to invite your kind attention to Sub-Clause 21.3 of Schedule-B of the Concession Agreement. Which stipulates that “the Highway Authority shall bear the cost of rehabilitation and resettlement of Project Affected Peoples” as per RAP. Any additional impact identified by the Concessionaire will be implemented by the Government/Highway Authority in a reasonable time frame. The Concessionaire shall proactively involve in all related activities.

Further, Clause 22 of Schedule-B of the Concession Agreement describes about the various mitigation measures to be adopted as per Table B-12 by relocating, repairing or rehabilitating.

In addition, as per Sub-Clause 22.5 of Schedule-B, the community properties (Religious Structures) shall be mitigated as per Table B-14 and Clause-3 of Schedule-D (Annex-1).

We have identified such structures and the valuation has been prepared jointly with the Department. The estimates are available with the Independent Engineer and the respective District Administrations.

In view of above and considering the fact that already 17 months of construction period has elapsed w.e.f. the Appointed Date, we propose to relocate the subject structures in the interest of project works progress.

The section-wise list of structures along with the cost estimate of each structure is enclosed herewith for your kind information and further appropriate action. The proactive action is being initiated to generate the work fronts and to avoid any inordinate delay in completion of the project highway.

We request you to please take note of the same and accord approval. Meanwhile, anticipating the required approval, we are commencing the works on top priority as already discussed.

Thanking you,