legal aspects of navi mumbai international airport


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legal aspects of navi mumbai international airport

  1. 1.  Mumbai's population: shot up by 40% in 1951-61 , by 43.80% in 1961 – 1971  Various acute Infrastructural problem  CIDCO was incorporated on 17th March, 1970 under the Indian Companies Act, 1956
  2. 2.  Navi Mumbai is a rapidly growing, modern metropolis  The largest totally planned city in the world  Planned to accommodate a target population of 4 million and jobs of 2 million in near future  The well-planned transport network
  3. 3.  World’s largest ”Greenfield” state-of-the-art international airports, offering world-class facilities  The proposed second airport for MMR is located at Navi Mumbai for several reasons  To cater for the future population, business and activities of MMR growth in commercial
  4. 4.  It is both technically feasible and financially viable.  The Airport master plan will be developed in modules..
  5. 5. •The site of airport is located in an area of 1140 hectares accommodating two parallel runways •It is expected to absorb annually 10 million passengers in its first operational year 2012, doubling to 20 million by 2020 followed by 30 million passengers in 2025 and ultimately 40 million by 2030. •The Navi Mumbai Airport is proposed to be developed through public-private participation
  7. 7.  The existing airport is fast reaching saturation  The air travel demand expected to grow  Unable to handle such an increase in demand  Imperative to build a second Airport for MMR.
  8. 8. Includes Cost of Pre-Development Works of 4017 Crores.  The Airport is proposed to be developed in three phases.  In the first phase, North runway & attached taxi way system, terminal building & concourse (2,69,000 sq. PHASE OPERATIONAL YEAR m.) PROJECT COST(IN CR.)  1 2015 950 2 2020 1031 3 2025 3036 14573
  9. 9.  Generation of 1.42 lakh new jobs directly,2 lakh jobs indirectly  Likely to attract an investment of about 60,000 crores  This boost to industrial development in turn
  10. 10.  Further, enhanced cargo facilities will open up huge opportunities  Proposed Airport will also make the export / import of cargo more economical, efficient and fast
  11. 11.  Re-settlements & Rehabilitation (R&R)  Hill Cutting  Sustainable Green Development  Connectivity
  12. 12.    The NMIA project is going to affect number of households, minor business activities and structures located in the vicinity of Airport area and the same are required to be relocated. approximately 5,000 families will have to be re-settled due to the NMIA project. The R&R entitlements include the allotment of fully developed plot of area equivalent to loss, besides other benefits in accordance with the R&R policy
  13. 13.  Encompasses a hill  Ten crore cubic metre of material like murun and rock  About six crore cubic metre of rock is required
  14. 14.  Involves various mandatory pre development activities to be undertaken  They include land development, filling / reclamation, recurring of the Ulwe river and shifting of EHVT lines(Extra High Tension )
  15. 15. CIDCO has stressed enormously on the preservation and enhancement of the natural environment Measures Taken Development of 245 Ha Mangrove Park/ Bio-diversity zone on Waghivali Island, along with regeneration of lush green mangroves in an area of 310 Ha. At Kamothe and 60 Ha. at Moha Creek are being proposed for preserving the ecological balance of the project area. A large water body to the north is also being retained
  16. 16.  1997 Ministry of civil aviation constituted a committee to examine various sites for a second airport for Mumbai. Rewas-Mandwa was recommended as suitable site  2000 A sub-committee constituted by the Airports Authority of India (AAI) examined the Navi Mumbai site and found it technically and operationally feasible  2006 International Civil Aviation Organisation conducted simulation study sponsored jointly by Cidco/GoM & AAI. Study said simultaneous operation is possible  2007 Cidco submitted project feasibility and business plan to civil aviation ministry which obtained an in-principle approval from the Union cabinet
  17. 17.  2009 Bombay high court accepted Cidco’s request for amendment of CRZ notifications and MoEF issued notification permitting greenfield airport at Navi Mumbai in CRZ areas, subject to environmental safeguards  2010 Environment and CRZ clearance for NMIA project granted by MoEF  2013 Forest department gave last of the mandatory clearances for airport, only land acquisition remains for the project to take off
  18. 18.  The NMIA was soon mired in controversy, based on the Environmental Impact Assessment.  The Ministry of Environment and Forests (MoEF) appointed an Expert Appraisal Committee to take decisions regarding the NMIA and its proposed location.  The CIDCO, the Government of Maharashtra, the Ministry of Civil Aviation and the MoEF had their points of view.  There was a process of negotiation, review and modification of plans. Finally, in November 2010, the approval with conditions was granted
  19. 19.  The original option of locating near Rewas Mandwa-  The other option of locating near Kalyan – Nevali  Recourse channel for Ulwe Creek -  Archeological / Cultural / Historic Sites -  Reclamation of marshy lands
  20. 20.  The Government of India has recently released the Draft National Land Acquisition and Resettlement and Rehabilitation Bill 2011 (LARR Bill).  The LARR Bill seeks to repeal and replace the Land Acquisition Act 1894.  Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
  21. 21.  The airport requires 2,042 ha (5,050 acres). Land acquisition is stuck as the villagers (5,000 families) are demanding a higher compensation package of 20 crore per acre  The committee had offered the projectaffected-people (PAP) two rehabilitationrelated compensation options: a) 12.5% of developed land at the ready reckoner rates, in addition to monetary compensation b) 22.5% developed land in Navi Mumbai. 
  22. 22.     Each landowner will get 22.5 per cent Of this, 12.5 per cent was part of the original agreement while 10 per cent will be given based on the current value of the land. Farmers will also get triple the size of their plots to construct houses. And Rs 1,000 per square metre. 100 shares in the companies which will develop the airport. 1cr land becomes 3.5 cr.
  23. 23.  Concerns such as altering courses of rivers to avoid flooding, reclamation of land, leveling of hillocks, hacking hundreds of acres of mangroves & forests.  The airport is within close vicinity of the Karnala bird sanctuary.  Aviation experts like Hormuz Mama have raised concerns regarding the impact of aircraft operations on birds as well as on flight safety due to potential instances of bird ingestion into
  24. 24.  Construction would damage mangrove cultivation in the 2,000 hectares, besides the diversion of Gadhi and Ulwe rivers.  90 per cent of the site i.e 170 hectares are covered with dense and lush mangroves.  According to the Coastal Regulation Zone Notification 1991, no development is permitted on mangroves and other ecologically sensitive areas.  However, in May 2009, this Notification was amended to make an exception for Mumbai's new airport.
  25. 25.  Noise monitoring will be carried out at critical locations  A thick green belt should be planned all around the project site to mitigate noise and vibrations to the nearby settlements.  The identification of species/plants should be made based on the botanical studies.  Landscape plan, green belts and open spaces may be described.
  26. 26.  The Environment Impact Assessment (EIA) Study to obtain Environmental and CRZ Clearance from the Ministry of Environment and Forests (MoEF).  EIA identifies ways and means for improving the project environmentally friendly by preventing minimizing, mitigating or compensating for adverse impact, so as to achieve a sustainable development
  27. 27. The coastal land up to 500m from the High Tide Line (HTL) and a stage of 100m along banks of creeks, estuaries, backwater and rivers subject to tidal fluctuations, is called the Coastal Regulation Zone(CRZ). 1. Diversion of rivers and quarrying/cutting of mountains/earth is not a permissible activity under CRZ Notification, 1991. 2. Examine the details of impact of sea level rise on the project in the next 100 years. After amendments the crz gave a clearance.
  28. 28.  The 160-hectare Pushpak Nagar to be developed close to the Navi Mumbai airport site is the next real-estate gold mine.  Of the 160 hectares, about 105 hectares will go to the PAPs, while the rest will be used for the development of civic amenities such as roads, sewerage and water supply. The value of the land here will be minimum Rs 60,000 per sq m, and once the airport work begins it will touch Rs 1.20 lakh per sq m for sure.
  29. 29.     RFQ is a pre-bid process of the government which narrows down the interested bidders according to various criteria companies like L&T and Reliance Infrastructure are interested in bidding for the project. GVK Infrastructure, the operator of the Mumbai airport, has the first right of refusal. As per the its right, GVK will be allowed to revise its bid in case it falls short of the highest bid by 10%.
  30. 30.  Thank you