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Construction Law: An Indian Perspective
- 1. Latest Developments in Construction Law: An Indian Perspective Ramesh K. Vaidyanathan Partner ADVAYA LEGAL
- 4. Asian consumers are likely to spend $ 32 trillion by 2030, accounting for 43 per cent of total global consumption, in which India and China will have major shares.
- 7. Build Operate Transfer (BOT) Toll based or Annuity based and variants thereof – DBFOT, BOOT, BTL, BOO, BTO, etc.
- 8. Concession.
- 11. Consideration:
- 12. Revenue Share/ lump sum payments.
- 13. Collecting user fees or charging tariffs.
- 14. Availing government subsidies/ grants.
- 16. Minimum capitalisation of $10 million for wholly owned subsidiaries and $5 million for joint ventures with Indian partners.
- 17. Full repatriation of original investment after three years.
- 18. 51% FDI permitted in single brand retail outlets and 100% in cash and carry trading through the automatic route.
- 19. FDI is not allowed in the Real Estate business.
- 21. Currently, nearly Rupees 98600 million involving 1,240 cases is locked in various disputes between NHAI and road developers and contractors.
- 22. Long process of ten years and legal expenses exceeding the claim amount in some cases major concerns.
- 24. In many cases, the interest awarded is twice the principal amount.
- 25. One time settlement of pending cases with claim amounts of less than a certain threshold necessary.
- 26. Stop of further litigation required if the decision given by the DRB and Arbitral Tribunal earlier is similar.
- 27. Rebuilding the Mumbai International Airport: Why is it one of the most challenging infrastructure projects in the world? India‘s busiest international airport with 21.5% of India’s air traffic 46 International airlines, 9 Domestic airlines 23.4 million passengers annually, 64000 passengers daily 650 aircraft movements every day 530,000 tons of cargo per year
- 28. LandConstraints Carved out: 42 ac Encroached: 276 ac Under litigation: 34 ac Govt. & Colonies: 193 ac Leased, etc: 293 ac Operational area: 1005 ac Vacant land:51 ac In addition to the above , some land area is also occupied by NACIL, government and other external agencies.
- 29. Most constrained Airport in the world
- 30. Demolish and rebuildwhile in operation Terminals 3m sqft Cargo 1m sqft Air India 2m sqft Colonies 0.5m sqft Total: 6.5 m sqft Slums 276 acres
- 31. Unique challenges Approximately 276 acres of airport land encroached. There are approximately 82000 hutments in which nearly 350,000 people live. Security hazard to the airport operations. 175-185 acres required outside airport. Rehabilitation In–Situ not possible. All slum dwellings set up before 1995 eligible for rehabilitation. Will be completed over the next 4 years. 18,000 units currently under construction targeted for completion by end of 2010.
- 32. Unique challenges There is a river that flows under the runway, which will need diversion. There are two muslim burial grounds and hindu temples on airport land. The terminal construction will involve the shifting of a statue of a former local ruler, which is a politically sensitive issue. Many parts of airport land being used for agriculture, and there are ongoing litigations against the airport over title. There are over 125 reservations located on airport land under the city master plan.
- 33. Master plan for the Mumbai Airport Sahar T2 – 40M PAX Cargo Santacruz PAX/Cargo
- 34. Integrated Terminal Development Sequence T2C T2A T2B All operations out of 2A will move to 2B-2C 2A to be demolished & site to be used for new T2 construction
- 35. New Integrated Passenger Terminal
- 36. New Integrated Passenger Terminal
- 41. Integrated Terminal - Airside View
- 42. Thank you