m«fkr~~~ ~ I Phone: 91-22-2787 9404

91-22-6514 0560
(~ qRqtF1 ~ '(IGll'wf +1~I(I1~,'qffif ~) ~ I Email: [email protected]
National Highways Authority of India ~ I Website: www.nhai.org
(Ministry of Road, Transport & Highways, Govt. of India)
q~4)\11"11 Cf)1~f;:q~~-~, Project Implementation Unit - Panvel

~;j 63, ~ 4 aft em "~" ~, ~il%sl 4><>iill~<>ft~ m, ~ - 410206

Survey No. 63, "0" Point on NH-4B, Chinchpada - Kalamboli Bypass Road, Panvel - 410 206

NHAl/PI u/PANVELlPI/Uti Iity/2013/1288 Date: 04/09/2013

To,

Shri Ashok Aggarwal,

Mis JSW Steel Limited,
Geetapuram, Dolvi,
Tal: Pen, Dist: Raigad -402 107.

Sub: Four laning of Panvel Indapur section of NH-17 from Km. 0.000 to Km.
84.000 in the state of Maharashtra under NHDP Phase - ilion BOT basis
(Pkg No. NHDP-IIIIDL4/05)
Proposal for laying water pipeline along NH-17 - Reg.

Ref: Your office letter dated 18.07.2013.

Sir,
Please find enclosed a copy of License Deed duly singed; for the proposal for
laying of water supply line from Km 35/000 to 55/000 of NH-17 in the state of
Maharashtra.

2.It is requested to carry out the works as per the conditions mentioned in the
agreement and the Annexures and complete the work within the schedule time
without obstructing the 41aning work of Panvel to Indapur section of NH17.

3.It may be noted that the necessary permission of local bodieslauthorities, if

required, shall be obtained by Mis JSW Steel Ltd. at their end.
Yours faithfully,

'c ~ 'M~
(M. K.~Wathor )
GM (Tech) & Project Director
PIU Panvel
Encl. : As stated above.

Copy to: 1) CGM(T) RO Maharashtra - for kind information.

2) Concessionaire, Mis SPITPL - for information and necessary action.
3) Team Leader of IE - for information and necessary action.

Office Note (wate supply pipe line ISPAT) 21.11.2012

~ 4>lllf(i1ll tC'1lc;j uft-5 ~ 6, ~ - 10, ~, ~ ~ - 110075

~/~ 011 - 25074100 125074200~:011-25093507/25093514
Corporate Off : No. G-5 & 6, Sector - 10, Dwarka, New Delhi - 110075
Tel. / Fax 011 -25074100/25074200Fax:011 -25093507/25093514
'I

8
LICENCE DEED FOR LAYING OF WATER SUPPLY PIPES ON NATIONAL

HIGHWAY LAND
Agreement to lay water supply pipes at/from Chainage 35.000 to
Kilometres/kilometre 58.000 kilometers on/along National Highway No. 17 of Talukas Pen
and Roha of Raigad district.
 AN AGREEMENT made this?,~day of ~r(mollth)k
of_2013 year (to be written in words)~ &f£ ( 'fWf; 'ThoCt"ew/ Th'~,
between the President of India/National Highways Authority of India (hereinafter
called the. Government which expression shall, unless excluded by or repugnant to f' the
context, include his successors in office and assigns) of the' one part and _JSW Steel
Ltd (Formerly known as Jsw Ispat Steel Ltd ), Dolvi Works_(name of the party).
(hereinafter called the 'Licensee'which expression shall, unless excluded by or
repugnant to the context, include his heirs its successors/ their successors and assigns)
of the other Part.

WHEREAS the licensee has/licensees have applied to the GovernmentINHAI

for permission to lay water supply pipes at/from Kilometre /Kilometre Chainage
35.000_ to kilometer Chainage 58.000_ on/along National Highway No. _17 of Pen
Taluka_Raigad District.

3. AND WHEREAS the GovernmentINHAI have agreed to grant such permission

on the terms and conditions hereinafter mentioned.

4. Now this Agreement witnesseth that, in consideration of the conditions

hereinafter contained and on the part of the Licensee/Licenseesto be observed and

perfortned, the GovernmentINHAI hereby grants to the licensee/licensees permission

to lay water supply pipes as per the approved drawing attached hereto subject to the

following condition. namely :-

(i) That the licensee/licenseesshall within three months from the date here of

.: )
but without interfering with the road traffic complete the laying water

supply pipes to the satisfaction of the Project Director incharge of the

National. Highways (hereinafter' referred to as the DivisionallExecutive

Engineer/Project Director as applicable) in accordance with the drawings

and specifications approved by the Project Director.

(ii) That the licensee/licensees shall be responsible for restoring the road and at

his/their own cost to its original condition after laying the water supply

pipes or, after any damage caused due to inadequate maintenance /operation

of the water supply pipes.

 (iii) That in case of any .burst or leak of water supply pIpes the

Licensee/licenseesshall bear the entire cost of restoration of damage caused

to the road.

(iv) That the licensee/licensees shall not without the prior permission in writing

of the Project Director under take any work of shifting, repairs or alterations

to the said water supply pipes.

(v) That the Licensee/licensees shall at all times permit any duly authorized

officer or servant of the Government!NHAI to inspect the said water supply

pipes,

(vi) That the licensee/licensees shall be liable for any loss or damage caused to
\ the GovernmentINHAI by drainage obstruction or any other like cause due

to the said water supply pipes.

(vii) That the licensee/licensees within two months of a notice duly given to him

to this behalf by the NHAII Government shall at his/their own cost remove

the water supply pipes and restore the road land to its original condition

when required to do so by the GovernmentINHAI or by any person

authorized on its behalf. The licensee/licenseesshall not be entitled to any

compensation on account of such removal or restoration.

. (viii) That if the licensee fails/licensees fail to execute any work which he

" has/they have agreed to execute under this agreement to the entire
I

satisfaction of the Project Director NHAII Government. The work shall be

executed by the Project Director NHAI/ Government at the cost of the

Licensee/licensees and the amount shall be recoverable from the

Licensee/licensees as arrears of land revenue without prejudice to any other

remedies which may be open to the Government/NHAIin this behalf.

(ix) That the licensee/licensees shall not sell, transfer or otherwise dispose of the

premises without obtaining the previous consent of the GovernmentlNHAI

in writing.
 ---(X) -Ttrat this agreerrrerrrwitr remain tnforce for a-penoa-6f!lve years from the

date of execution in the first instance and be terminated by a notice of two

months and the permission may not be renewed after the expiry of the said

period.

(xi) That the permission granted by this licence shall not in any way to be

deemed to convey to the licensee/licensees any right to or over or any

interest in Government land other than what is herein expressly granted.

(xii) That during the subsistence of this licence. The water supply pipes located

on the road shall be deemed to have been constructed and continued only by

the consent and permission of the Government so that the right of the

licensee/licensees to the use thereof shall not become absolute and

indefeasible by lapse of time.

(xiii) That the licensee/licensees shall bear the stamp duty charges on this

agreement.

(xiv) Govt of IndiaINHAI will not be responsible for any damage of any kind by

what so ever means natural or otherwise to the underground electrical cable.

5. The water supply pipes shall not be brought into use by the licensee/licensees

unless a completion certificate to the effect that the water supply pipes have been laid

in accordance with the approved specifications and drawings has been obtained from

the Project Director NHAI.

6. The Licensee shall be abide by the conditions enclosed herewith as Annexure-J

The permitted highway on which licensee has been granted the right of lay Water

Supply Pipeline has also been granted as a right of way to the Concessionaire under.
0'00 '
the Concession Agreement for upgradation from Km chainage 35 .OOG to Km
. ~",'IJO . . ...
chainage ~OO ofNH no.17 on Build, Operate and Transfer Basis and therefore,
---

the licensee shall honour the same.

7. Notwithstanding anything contained 111 clause 4 (vii), the licence may be

cancelled at any time by the Government for a breach of any condition of the licence

and the licensee/licensees shall not be entitled to any loss caused to it by such
 cancellation, nor shall it be absolved from any liability already incurred under this

agreement.

This Agreement has been executed in duplicate and each party to this

agreement has retained one st ped copy each.

®~
Am ok.. Shri t..M.-....;ItL
e
~~~}"'''".
W~
by shri (Name in full)
full) the A~
The constituted attorney of the icensees Project Director,
Signed by(Name in

(r-
l

In the presence of
1 Name in full (Signature) ~:~on 1 Name in full (Signature) with designation
vVlt\tA'1 v. N-tAVl-- ~~.
'T'\}- N~~ I~~)~

2 Name in full (Signature) with designation 2 Name in full (Signature) with desi'g~n

-.p. "/. ,J~ c$ r~-fcU"\~

 Annexure-I

Conditions to be enclosedlincorporated in the approval letter for

permission for laying of Water Supply pipe line

1. The Water Supply pipe line shall be located as close to the extreme edge of the
right-of-way as possible but not less than 15 meter from the centre-lines of the
nearest carriageway.
The Water Supply pipe line shall not be permitted to run along the National
2. Highways when the road formation is sjtuated in double cutting. Nor shall these
be laid oyer the existing culverts and bridges without the prior approval of
NHAI/Government of India.
The Water Supply pipe. line shall be so placed that at no time there is
interference with the maintenance of the National Highways.
3.
These should be so laid that their top is at least 0.6 meter below the ground
level so as not to obstruct drainage of the road land.
4. The authority/ owner of the under ground utility shall ensure that laying Water
Supply pipe line should not have any deleterious effects on any of the bridge
5. components and roadway safety for traffic.
I The lines shall cross the National Highways preferably on a line normal to it or
----'
as nearly so as practicable.
~ Crossings shall not be too near the existinq structures on the National Highway,
6. the minimum distance being 15 meter.
The Water Supply pipe line is permitted to cross the National Highway, either
7. encased in pipes or through structure of conduits specially built for that
purpose at the expense of the agency owning the line. Existing drainage
structures shall not be allowed to carry the lines across.
8. The casing pipe (or conduit pipe in the case of electric cable) carrying the
Water Supply pipe line shall be of steel, cast iron, or reinforced cement concrete
and have adequate strength and be large enough to permit ready withdrawal of
the carrier pipe/cable. Ends of the casing/conduit pipe shall be sealed from the
9. outside, so that it does not act as a drainage path.
The casing/conduit pipe should, as minimum extend from drain to drain in cuts
and toe of slope toe of slope in the fills.
The top pf the casing/conduit pipe should be at least 1.2 meter below the
surface of the road subject to being at least 0.3 m below the drain inverts.
The casing/conduit pipe may be installed under the road embankment either by
10. boring or digging a trench. Installation by boring method shall only be
permitted where the existing road pavement is of cement concrete or dense
bituminous concrete type.
~ 11.
The casing/conduit pipe shall be installed with an even bearing throughout its
length and in such a manner as to prevent the formation of a waterway along
12. it.
Open trenching method. (May be allowed in utility corridor only where pavement is
neither cement concrete nor dense bituminous concrete type
(a) The sides of the trench should be done as nearly vertical as possible. The
trench width should be at least 30 cm, but not more than 60 em wider
13. than the outer diameter of the pipe.
(b) Filling of the trench shall conform to the specifications contained herein
below.
14.
 (c) Bedding shall be to a depth of not less than 30 cm. It shall consist of
granular material, free of lumps, clods and cobbles and graded to yield a
firm surface without sudden change in the bearing value. Unsuitable soil
and rock edged should be excavated and replaced by selected material.
(d) The backfill shall be completed in two stages (i) side - fill to the level of
the top of the pipe and (ii) overfill to the bottom of the road crust.
(e) The sidefill shall consist of granular material laid in 15 cm layers each
consolidated by mechanical tampering and controlled addition of moisture
to 95% of the Proctor's Density. Overfill shall be compacted to the same
density as the material that had been removed. Consolidation by
saturation or ponding will not be permitted.
(f) The road crust shall be built to the same strength as the existing crust on
either side of the trench or to thickness and specifications stipulated by the
Highways Authority. Care shall be taken to avoid the formation of a dip at
the trench.
(9) The excavation shall be protected by flagman, signs and barricades, and
red lights during night hours.
If needed, a diversion shall be constructed at the expense of agency owning
the Water Supply pipe line.
Prior approval of the NHAI shall be obtained before undertaking any work of
15. installation, shifting or repairs, or alterations to the Water Supply pipe line
located in the National highway right-of-ways.
Expenditure, if any, incurred by the Highway Authority for repairing any
16.
damage caused to the National Highway by the laying, maintenance or shifting
of the Water Supply pipeline will be borne by the agency owning the Water
Supply pipe line.
17. If the NHAI considers it necessary in future to move the Water Supply pipe line
for any work of improvement of repairs to the road, it will be carried out as
desired by the Highway Authority at the cost of the agency owning the Water
Supply pipe line within a reasonable time (not exceeding 60 days) of the
intimation given.
18.

19. The licensee shall ensure making good the excavated trench for laying Water
Supply pipe line by proper filling and compaction, so as to restore the land in to
the same conditions as it was before digging the trench, clearing debris/loose
earth produced due to execution of trenching at least 50m away from the edge
of the right of way.

20. The licensee shall furnish a Bank Guarantee to the NHAI @ Rs50/- per running
meter (parallel to NH) and Rs1,OO,OOO/~er crossing of NH, for a period of onep
year initially (extendable if required till satisfactory completion of work) as a
security for ensuring/making good the excavated trench for laying the
cables/ducts by proper filling and compaction, clearing debris/loose earth
produced due to execution of trenching at least 50m away from the edge of the
right of way. No payment shall be payable by the NHAI to the licensee for
clearing debris/loose earth.
In case the work contemplated herewith is not completed to the satisfaction of
the NHAI, which has granted the permission, within a period of 11 months from
21.
the date of issue of the bank guarantee, the licensee shall either furnish a fresh
guarantee or extend the guarantee for a further period of one year. In case of
the licensee failing to discharge the obligation of making good the excavated
trench, the NHAI shall have a right to make good the damages caused by

~o{J.ty 0(0.
.§<Y..
~
 excavation, at the cost of the licensee and recover the amount by invoking the
bank guarantee furnished by the licensee.

22. The licensee shall shift the Water Supply pipe line within 60 days (or as
specified by the respective agency/owner) from the date of issue of the notice
by the NHAI, Govt. of India to shift/relocate the Water Supply pipe line, in case
it is so required for the purpose of improvement/wideningof the
road/route/highwayor construction of flyover/bridgesand restore the
road/land to its original condition at his own cost and risk.
Regarding the location of other cables, underground installation/utilities etc,
23. the licensee shall be responsible to ascertain from the respective agency in
coordination with NHAI. The licensee shall ensure the safety and security of
already existing cables/underground installation/utilities facilities etc. before
commencement of the excavation.
Thelicenseeshallbesolely.responsible/liableforfull
compensation/indemnification of concerned agency/aggrieved owner for any
24. direct, indirect or consequential damage caused to them/claims or replacement
sought for, at the cost and risk of the licensee. The concerned agency in co-
ordination with NHAI shall also have a right to make good such
damages/recover the claims by way of invoking of Bank Guarantee furnished
by the licensee.
"-, If the licensee fails to comply with the condition 22 and 23 above to the
satisfaction of the NHAI, the same shall be got executed by the NHAI at the
risk and cost of the licensee.
25. The licensee shall procure insurance from reputed insurance company against
damages to already existing cables/underqround installation/utilities/facilities
etc during trenching.
The licensee has to cross the NH by horizontal drilling method (trenchless
26. technology only). In case any damage is caused to the road pavement in this
process, the licensee will be required to restore the same to the original
condition at his own cost.
27. No trenching will be done on pucca road, boring method will be used in pucca
road and Water Supply pipe line will be laid at the extreme edge of the road in
the non-BT surface only.
The licensee shall inform/give a notice to the NHAI, Govt. of India or its
authorized agency at least 15 days in advance with route details prior to
28. digging trenches for fresh or maintenance/repair work. A separate work plan
and a separate performance Bank Guarantee @ Rs50/- per meter length for
maintenance/ repair work shall have to be furnis'hed by the licensee.
Each day, the extent of digging the trenches should be strictly regulated so
29. that cables are laid and trenches filled up before the close of the work that day.
Filling should be completed to the satisfaction of the concerned agency
designated by the NHAI.
The licensee shall indemnify the concerned agency in co-ordination with NHAI,
against all damages and claims, ifanv, due to the digging of trenches for laying
Water Supply pipe line.
30. The NHAI has a right to terminate the permission or to extend the period of
agreement. In case the licensee wants shifting, repairs or alteration to Water
Supply pipe line, he will have to furnish a separate bank guarantee.
The licensee shall not without prior permission in writing from the NHAI Govt.
31. of India or its authorized agency undertake any work of shifting, repairs or
alterations to the said Water Supply pipe line.

32.

33.
·
"

34.
19.1.1995, Ministry Circular No. RW/NH-34066/2/95/ S&R dated 25.10.1999 and
The permission
Ministry
licensee
Circular granted
any
shall not in any way
No. RW/NH-3406617/2003
ownership right or 'any
S&R
interest
be (8)
in
deemed
datedto convey to the
17.9.2003.
route/road/highway/land/
c) An interim execution progress report /status report shall be submitted to
property,
NHAI HQ afterotherone than
monthwhatofisthe herein
startexpressly
of the work granted.
at site, regarding the
During theprogress
satisfactory subsistence of theof laying
this agreement, the laying
of Water Supply pipe,ofasWater Supply Pipe Line
per the
35.
/ducts located in highway
specification/stipulation andland/property
the alignment shall be deemed to have been
as approved.
constructed
The and continued
final completion certificate only by the
shall consent and permission
be issued/submitted byPD toofthetheHQNHAIto so
d) the effect that, the work has been completed to the entire satisfaction of theand
that the right of the 'licensee to the use thereof shall not become absolute
.Project
indefeasible
Director by and
lapsthere
of time.were no violation of any' condition / stipulation
The licensee
contained in theshall bear the stamp
agreement, Ministry duty charged
Circular No. for the agreement.
NH-IiI/P/66176 dated
36. 18/19.11.1976, Ministry Circular No. RW/NH-IIi/P/66176use
The Water Supply pipe line shall not be brought in to by the
dated licensee Ministry
11.5.1982, unless
37. a completion certificate to the effect that the laying
Circular No. RW/NH-11037/1/86-DOI (ii) dated 28.7.1993, Ministry Circular No. of Water Supply Pipe Line
has been laid in accordance with the approved
RW/NH-11037/1/86/DOI dated 19.1.1995, Ministry Circular No. RW/NH- specifications and drawings and
the trenches have been filled up to the satisfactions
34066/2/95/ S&R dated 25.10.1999 and Ministry Circular No. RW/NH- of the concerned agency in
co-ordination with the owner has been obtained .
34066/7/2003 S&R (8) dated 17.9.2003. and the approved plan.
Not withstanding anything NHAI contained herein this agreement may be
To obtain a performance bank guaranty @ Rs. 50/- per running meter of NH
. cancelled at any time by the or breach of any condition of the same and the
and Rs.l,OO,OOO/- per crossing of NH from the licensee to safe guard the
38. licensee shall neither be entitled to any compensation for any loss caused to it
interest of NHAI.
e) by such cancellation nor shall it be absolved from any liability already incurred.
Proposal for permission along NH Sections which are proposed to be taken up
The licensee shall have to provide barricading, danger lighting and other
by NHAI for development through private sector participation on BOT basis,
necessary caution boards while executing the work and during maintenance.
following clause should be .inserted in the agreement.
If any traffic diversion works are found necessary during the working period
f)
39. such diversion shall be provided at the cost of licensee.
After the termination/expiry of the agreement, the licensee shall remove the
40. Water Supply pipe line within 60 days and the site shall be brought back to the
original condition failing which the licensee will lose the right to remove the
41. cables/ducts. However, before taking up the work of removal of Water Supply
" The permitted Highway on which Licensee has been granted the right to lay Water
pipe
Supplylinepipe
theLine
licensee
has also shall
been furnish
granted a bank guarantee
as a right of way to tothe
theconc~!jj:jl$.r'e
owner for a period
. of
one year for an amount assessed by the owner for
under the conce}s?Y1f,agreement (or up-gradation of from Km chainage.to making good the excavated
trench by proper
Km chainage 5£" .~filling andNocompaction,
-of. NH clearingand
17-on Build, Operate debris, loose
Transfer earth
Basis andproduced
due to excavation
therefore, of trenching
the licenseeshell honour atthe
least 50m
same. " away from the edge of the right of
way.
If NHAI is required to do some emergent work the licensee will provide an
g) Aobserver
register within
of records24 hours.
of the NHAI will not accorded
permissions be responsible
has tofor beany damage by
maintained of any
the
kind
PD inbythewhat so everproforma
prescribed means natural (copy or otherwise.
enclosed)
The enforceability
Project of the Right-of
Director is authorized to signWayanpermission
agreementgranted here in shall be
(IN ACCORDANCEWITH
h)
restricted
THE MODELtoAGREEMENT)with
the extent of provisions/scope
the applicant, of onservice
behalf contained/defined
of NHAI. in the
42. license agreement and for the purpose for which it is granted. Either by content
or by intent, the purpose extending this Right-of Way facility is not to enhance
the scope.
Strict compliance of the following by the Project Director:
43.

44.

a) If the licensee fails to inform the commencement of laying of Water Supply

pipe line 15 days before the actual start of the work at site the agreement
should be null and void.
It is to be intimated to the HQ that, actual work has already been started at
b)
the site as per the provision of the, agreement and the conditions stipulated in
the Ministry Circular No.Ministry Circutar No. NH-41 (58)/68 dated 31.1.1969,
Ministry Circular No. NH-II!lP/66/76 dated 18/19.11.1976,Ministry Circular No.
RW/NH-III/P/66176 dated 11.5.1982, Ministry Circular No. RW/NH-11037/1/86-
001 (ii) dated 28.7.1993, Ministry Circular No. RVV/NH-11037/1/86/DOI dated