By Harshita Bagla
The Delhi Metro has been instrumental in ushering in a new era in the sphere of mass urban transportation in India. The swanky and modern Metro system introduced comfortable, air conditioned and eco-friendly services for the first time in India and completely revolutionized the mass transportation scenario not only in the National Capital Region but the entire country.”
Having constructed a massive network of about 390.14 Km with 286 stations (including NOIDA-Greater NOIDA Corridor and Rapid Metro, Gurugram) in record time in Delhi, NCR, the DMRC today stands out as a shining example of how a mammoth technically complex infrastructure project can be completed before time and within budgeted cost by a Government agency.”
The Delhi Metro Rail Corporation Limited (DMRC) was registered on 3rd May 1995 under the Companies Act, 1956 with equal equity participation of the Government of the National Capital Territory of Delhi (GNCTD) and the Central Government to implement the dream of construction and operation of a world- class Mass Rapid Transport System (MRTS).””
To build a huge network of railways Delhi metro corporation took a lot of support not just monitory but also through laws because it is a public interest project which needs a systematic regulation”
In this project I would decode all the contracts made by the Delhi Metro Rail Corporation to execute there projects.”
For implementation and subsequent operation of Delhi MRTS, a company under the name DELHI METRO RAIL CORPORATION was registered on 03-05-95 under the Companies Act, 1956. DMRC has equal equity participation from GOI and GNCTD.”
STRUCTURE
“Chairman”
“Managing Director”
“Total No. of Directors - 17 (Including Chairman)”
“ Nominee of Govt. of India – 5”
“Nominee of Govt. of NCTD - 5 (Including MD)”
“No. of full-time functional Directors at present including MD – 8”
“The corporate office of the company is located at Metro Bhawan, Fire Brigade Lane, Barakhamba Road New Delhi - 110001, India”
The Delhi Metro has been instrumental in ushering in a new era in the sphere of mass urban transportation in India. The swanky and modern Metro system introduced comfortable, air conditioned and eco-friendly services for the first time in India and completely revolutionized the mass transportation scenario not only in the National Capital Region but the entire country.”
Having constructed a massive network of about 390.14 Km with 286 stations (including NOIDA-Greater NOIDA Corridor and Rapid Metro, Gurugram) in record time in Delhi, NCR, the DMRC today stands out as a shining example of how a mammoth technically complex infrastructure project can be completed before time and within budgeted cost by a Government agency.””
The Delhi Metro Rail Corporation Limited (DMRC) was registered on 3rd May 1995 under the Companies Act, 1956 with equal equity participation of the Government of the National Capital Territory of Delhi (GNCTD) and the Central Government to implement the dream of construction and operation of a world- class Mass Rapid Transport System (MRTS).”
The DMRC opened its first corridor between Shahdara and Tis Hazari on 25th December, 2002. Subsequently, the first phase of construction worth 65 kilometres of Metro lines was finished two years and nine months ahead of schedule in 2005. Since then the DMRC has also completed the construction of another 125 kilometres of Metro corridors under the second phase in only four and a half years.”
Presently, the Delhi Metro network consists of about 390.14 Km with 286 stations. The network has now crossed the boundaries of Delhi to reach NOIDA and Ghaziabad in Uttar Pradesh, Gurgaon, Faridabad, Bahadurgarh and Ballabhgarh in Haryana. With the opening of the Majlis Park to Shiv Vihar and Janakpuri West - Botanical Garden Sections, new age trains equipped with the Unattended Train Operation (UTO) technology have been introduced. These trains operate with the Communication Based Train Control(CBTC) signaling technology which facilitate movement of trains in very short frequencies. This network also includes the NOIDA - Greater NOIDA Aqua Line. The Aqua Line has been constructed by DMRC on behalf of the NOIDA Metro Rail Corporation and is also being operated by DMRC currently. In addition, the 11.6 kilometre long Rapid Metro also connects with the Delhi Metro network at Sikanderpur station of Yellow Line. The Rapid Metro provides connectivity within the satellite city of Gurugram.”
The Airport Express link between the Indira Gandhi International Airport and New Delhi has now propelled Delhi to the league of global cities which have high speed rail connectivity between the city and the airport. The DMRC today has over 300 train sets of four, six and eight coaches.”
The Delhi Metro has also contributed tremendously on the environment front by becoming the first ever railway project in the world to claim carbon credits for regenerative braking. DMRC has also been certified by the United Nations (UN) as the first Metro Rail and Rail based system in the world to get carbon Credits for reducing Green House gas emissions as it has helped to reduce pollution levels in the city by 6.3 lakh tons every year thus helping in reducing global warming.””
It has also set up roof top solar power plants at many of its stations. All stations of the presently under construction corridors are being constructed as green buildings. In the present phase of Delhi Metro’s construction, the DMRC has completed 160 kilometres of Metro lines which has woven a web of Metro corridors along the city’s Ring Road besides connecting with many other localities in NOIDA, Ghaziabad, Bahadurgarh and Ballabhgarh.”
Apart from providing Delhites with a comfortable public transport option, the Delhi Metro is also contributing significantly towards controlling pollution as well as reducing vehicular congestion on the roads.”[1]
FUNDING PROGRAM OF DELHI METRO
Delhi MRTS Project Phase I The Delhi MRTS project is being implemented by the Delhi Metro Rail Corporation (DMRC) Ltd. set up in May 1995 with equity participation by the GOI & GNCTD in the ratio of 50:50, i.e., equal participation. The Government of India approved the investment proposals for Phase-I of the Delhi MRTS Project on 17th September, 1996 On 4.8.2000 and 25.7.002 and 30.9.2004 further changes in the corridor were approved.”
Schedule of completion
Line 1 Shahdara – Rithala”
• “Shahdara-Tis Hazari section has been completed and commissioned on
24.12.2002.”
• “Tis Hazari – Inderlok section has been commissioned on 3.10.2003.”
• “Inderlok – Rithala section has been commissioned on 31.3.2004.”
“Line 2 Vishwavidyalaya - Central Secretariat”
• “Vishwavidyalaya – Kashmere Gate section has been commissioned on
20.12.2004.”
• “Kashmere Gate – Central Secretariat has been commissioned on 3.7.2005.”
“Line 3 Barakhamba Road – Kirti Nagar – Dwarka”
• “Barakhamba Road – Dwarka section has been commissioned on 31.12.2005.”
Extension of Line 3
• “Extension into Dwarka sub-city commissioned on 1.4.2006.”
• “Barakhamba Road - Indraprastha commissioned on 11.11.2006”
“Cumulative expenditure incurred upto 31.3.2007 is Rs.10349.59 crore.”
“Cumulative physical progress is 100%.”
“Delhi MRTS Project Phase II”
“The project has been approved by the Government and necessary sanction issued”
“by the Ministry on 30.3.2006 for implementation at an estimated cost of Rs.8118 crore”
“and revised alignment from IIT to Qutab Minar on 4.12.2006 at an estimated cost of
Rs.558 crore, i.e. a total of Rs.8676 crore) (54.675 km.).”
Alignment :
The Phase II of the project will consist of the following alignment :-
Corridor Lengh(Km.) Target date”
(1) “Vishva Vidyalaya – Jahangir Puri - 6.36 31.10.2009”
(2) “Central Secretariat – Qutab Minar - 12.525 30.6.2010”
(3) “Shahdara – Dilshad Garden - 3.09 31.12.2008”
(4) “Indraprastha – New Ashok Nagar - 8.07 30.6.2009”
(5) “Yamuna Bank – Anand Vihar ISBT - 6.16 31.12.2009”
(6) “Kirti Nagar – Mundka - 18.47 31.3.2010”
“(along with operational link to Inderlok)”
The proposals in respect of the IIT – Qutab Minar portion (2.88 Kms) of the
proposed Central Secretariat to Qutab Minar line was reviewed and cost – benefit
analysis of alternative proposals carried out in the context of its impact on the
Qutab Minar, by DMRC as per decision of GoM.”
The revised alignment from Green Park to Ambedkar Colony via Hauz Khas,
Sarvapriya Vihar, Malviya Nagar and Saket has been approved by the GoM on
17.10.2006.”
Capital Cost :
The original completion cost of the project was estimated at Rs.8118 crore. The
revised alignment from Green Park to Ambedkar Colony will involve additional
cost of Rs.558 crore. Thus revised completion cost is estimated at Rs.8676 crore
(including land cost, but excluding interest during construction).”[2]
JBIC Loan position
• “Pursuant to the above investment approval, GoI had approached Japan Bank for
International Co-operation (JBIC) for providing loan to the extent of Rs.6030
crore including cost of rolling stock.”
• “JBIC has committed first tranche of loan amount of Japanese Yen (JPY) 14,900
million (Rs.591 crore).”
• “JBIC has also committed 2nd tranche of JPY 13,583 million (Rs.539 crore) as
against loan sought by DMRC of Rs. 2235.56 crore due to funds contraint.”
• “DEA has also requested to consider JBIC loan of Rs.2143 crore for Central
Secretariat to Badarpur as part of Phase II”
Present status
“Cumulative expenditure upto 30.6.2007 is Rs.1065.81 crore”
“Overall physical progress is 12.32%.”
“Corridor Progress (in %age)”
(1) “Vishva Vidyalaya – Jahangir Puri – 17”
(2) “Central Secretariat – Qutab Minar – 2”
(3) “Shahdara – Dilshad Garden – 11”
(4) “Indraprastha – New Ashok Nagar – 8”
(5) “Yamuna Bank – Anand Vihar ISBT – 10”
(6) “Kirti Nagar – Mundka”
JAPAN INTERNATIONAL COOPERATION AGENCY
The Japan International Cooperation Agency (独立行政法人国際協力機構, dokuritsu gyōseihōjin kokusai kyōryoku kikō, JICA) is a governmental agency that delivers the bulk of Official Development Assistance (ODA) for the government of Japan. It is chartered with assisting economic and social growth in developing countries, and the promotion of international cooperation. The OECD's Development Assistance Committee published a peer review of Japan's development co-operation in October 2020.[1] It was led by Dr. Shinichi Kataoka, the former President of the International University of Japan, from 2015 to 2022. On 1 April 2022, Professor Akihiko Tanaka assumed the presidency of the Japan International Cooperation Agency (JICA) as the successor to Professor Shinichi Kataoka.”
History
“JICA's predecessor, the previous Japan International Cooperation Agency (also known as "JICA"), was a semi-governmental organization under the jurisdiction of the Ministry of Foreign Affairs, formed in 1974. The new JICA was formed on October 1, 2003. A major component of the comprehensive overhaul of Japan's ODA decided by the National Diet in November 2006, is that the merger in 2008 will be between JICA and that part of the Japan Bank for International Cooperation (JBIC) which currently extends concessional loans to developing countries.”
“Since its completion on 1 October 2008, the new JICA has become one of the largest bilateral development organizations in the world with a network of 97 overseas offices, projects in more than 150 countries, and available financial resources of approximately 1 trillion yen ($8.5 billion). The reorganized agency is also responsible for administering part of Japan's grant aid which is currently under the jurisdiction of the Ministry of Foreign Affairs and so all three major ODA components—technical cooperation, grant aid, and concessional loans—are now managed "under one roof." The new JICA will also strengthen research and training capacity in the years ahead, acting as a kind of ODA think tank, contributing to global development strategies, strengthening collaboration with international institutions, and being better able to communicate Japan's position on major development and aid issues.”
“The forthcoming changes will be an extension of a series of JICA reforms which began in October 2003 when it became administratively independent. The organization's domestic establishments including international centers where JICA helps train some 8,000 foreign public officials, researchers, engineers, instructors and community leaders annually in Japan are being streamlined. The organization is also undergoing operational and organizational change in its country offices. Greater emphasis is being placed on a field-based approach to programs/projects, decentralizing staff, and delegating increased authority from Tokyo headquarters to overseas offices, reducing bureaucracy, and fast tracking programs/projects.””
“An increasing number of JICA programs/projects focus on what JICA's former President, Mrs. Sadako Ogata describes as providing "human security". The recently developed concept of "human security" will empower local communities to have a greater say in their own futures by strengthening grassroots programs, such as improving education and health projects.””
“India is the second most populous country and is home to 1.35 billion people. India is also the 5th largest economy in the world. However, development of infrastructure such as roads, railways, power, water supply and sewerage, has not kept pace with both economic growth and population growth of the country. India also faces many challenges in achieving Sustainable Development Goals (SDG) pertaining to nutrition, health and gender. Moreover, 15 million people enter the labour market annually therefore it is imperative to strengthen the manufacturing capacity and focus on human resource development through provisioning of quality education and vocational training.”
“JICA has been partnering with Govt. of India and various state governments for poverty alleviation, investment promotion as well as for infrastructure development for 60 years. JICA's assistance is not limited to initiatives such as Delhi-Mumbai Industrial Corridor (DMIC) but also other initiatives of development of the North Eastern Region (NER) of India, strengthening academia-industry networks, and Japan-India collaborative projects in Africa under the "Free and Open Indo Pacific". All these initiatives contribute to the development of India and also foster stronger relations between Japan and India.”
“Since the COVID-19 pandemic has adversely impacted economic activities in the country, there is a growing need for not only strengthening health and medical systems, but also for supporting the revival of MSME sector and extending social protection to the population, who are deeply affected by the pandemic. In order to address these needs, standard assistance schemes of JICA such as ODA loan and technical cooperation are already under implementation. Furthermore, JICA is striving to enhance collaboration with private sectors and NGOs in diverse fields to deepen the impact of JICA's initiatives in the country.”[3]“
1. Background and Reasons for Revision
(1) “Scale and Priority of New ODA Loan Commitment”
1) “Japan-India Special Strategic Global Partnership”
=Prime Minister Abe expressed his intention to realize 3.5 trillion Yen (roughly 35 billion USD) of public and private investment and financing from Japan, including Official Development Assistance (ODA), to India in five years, to finance appropriate public and private projects of mutual interest (2014).””
“Prime Ministers meet annually and confirm priority area of cooperation in Joint Statements.”
2) “Japan’s Country Assistance Policy for India and India’s Development
Policy”
“Japan: GOJ Country Assistance Policy for India (March 2016), JICA has not updated
JICA Country Analysis Paper for India since March 2012”
“India: Decision to replace 5-year plan with 3-year Action Agenda (2017-19), 7-year
Strategy (-2023), and 15-year Vision (-2031)””
“1. “Background and Reasons for Revision”
1) “Need for Response to Implementation Bottlenecks”
Noticeable implementation bottlenecks (i.e. delay due to environmental and social consideration issues, lack of domestic funds for land acquisition, delay in land acquisition including removal of existing facilities, delay in payment against construction) particularly in large infrastructure projects”
Traditional public sector infrastructure projects sometimes face service delivery problems after completion, resulting in some projects opting for PPP that includes O&M concession to the private sector, over ODA Loans that are financially more generous.”
“2) “Opportunities for Aid Coordination
To date, external concessional development finance to India was largely provided through JICA, World Bank and ADB. Recently AIID, NDB and EIB started development finance to India. Aid coordination activities were not active in the past, but co-financing among IFIs are now being allowed in India.”
GOI expresses interest in working with Japan/JICA to provide support to third countries, utilizing the rich experience of Japan/JICA””
JICA and DMRC complete 20 years of successful economic partnership of Delhi Metro project
New Delhi, December 24, 2022: Japan International Cooperation Agency (JICA) and Delhi Metro Rail Corporation (DMRC) have completed 20 years of shining and showcasing collaboration today. To commemorate 20 years of the successful operation of Delhi Metro, a ceremony in the auspicious presence of HE Japanese Ambassador Mr. Hiroshi Suzuki and other dignitaries was held at the Welcome Metro Station, New Delhi (from where the First Metro Train was flagged off by the then Hon'ble Prime Minister of India Mr. Atal Bihari Bajpayee) to celebrate this milestone of 20 years of successful journey of Delhi Metro operations. Mr. Anuj Dayal, Principal Executive Director, Corporate Communication, DMRC delivered the welcome address, Mr. SAITO Mitsunori, Chief Representative, JICA India Office; Mr. Vikas Kumar, Managing Director, DMRC; Mr. Shoko Noda, UNDP Resident Representative in India, among others witnessed the said ceremony. During the occasion, an exhibition commemorating 20 years of the Operations and DMRC-JICA partnership was also unveiled.”
The first Loan Agreement between the Government of India and Japan's OECF (JICA's erstwhile entity) concluded on February 25, 1997, since then, the economic cooperation between Japan and India has flourished to newer heights despite several challenges. Today, Delhi Metro is well known as Shining Example of Indo-Japanese Cooperation globally. It is to be recalled here that the then Hon'ble Prime Minister had inaugurated the first section of 8.3 km-long on Red Line having six stations in 2002. As on date, JICA has already extended financial assistance amounting to 825.184 billion (approx. INR 550.122 billion) for the development of Phase-1, 2, 3 & ongoing Phase 4. Upon completion of the ongoing Phase-4, Delhi Metro's total system route length would stretch to over 415 kms (one of the largest metros in the world).””
Speaking at the occasion, Mr. SAITO Mitsunori, Chief Representative, JICA India Office, said, "It is encouraging to observe how JICA and DMRC's collaboration has evolved and expanded over these two decades. DMRC's continued efforts in the field of clean energy, and in more recent times the proactive response to COVID-19 have gained impressive results. It is a proud moment for us to note that Delhi Metro, has reported a phenomenal reduction of carbon footprint of 4.4 million tons thereby promoting environment conservation. JICA also appreciates the impact DMRC has had on women's safety and empowerment. Keeping in mind that women tend to use public transport more than men, improvement in the public transport system has shown immediate positive results with more women finding it safe to commute on the metro. This has also helped increase their ratio in the employment.”
"DMRC has developed its capacity not only to create a successful model of project implementation as executer, but also provide knowledge assistance in developing the Metro sector across the country, as well as globally. We wish to continue to have future cooperation with DMRC, but in the form of the handholding support specially in sustainability of the operations, technological innovations, environment protection, non-fare box revenue, renewable energy utilization, and helping DMRC in making world leader in Metro Rail operations and quality infrastructure development," he further added.”
333DMRC Wins Japan’s Outstanding Civil Engineering Award For Delhi Metro’s Phase I, II & III Projects
“The Delhi Metro's civil engineering achievements in the past two decades have received global recognition and have been appreciated by prominent international organizations.”
“New Delhi: The Delhi Metro’s Phase I, II and III projects have been awarded the prestigious Japan Society of Civil Engineers (JSCE) ‘Outstanding Civil Engineering Achievement Award’ for the year 2020. The JSCE termed the Delhi Metro’s project as ‘High-Quality Infrastructure Development Project’, said the DMRC in a statement on Sunday. The JSCE in its award note mentioned that the Delhi Metro’s projects have brought awareness of safety and efficiency at construction sites in India and provided residents with safe, secure and comfortable transportation. This award is given to highly selective showcasing projects in the development of civil engineering technology across the world.””
“The Delhi Metro’s civil engineering achievements in the past two decades have received global recognition and have been appreciated by prominent international organizations. Earlier, the Delhi Metro’s implementation of Phase-I was rated ‘Excellent’ in a post evaluation study conducted by the Japan International Cooperation Agency (JICA). The study rated Delhi Metro’s project execution capability at ‘3’, which is the highest possible grade indicating that the performance of DMRC was excellent.””
“The Delhi Metro since its inception has been closely associated with Japan. The JICA has supported Delhi Metro’s all phases including the ongoing Phase -IV project by providing not only smoothest financial support but with excellent value-added activities such as knowledge assistance by introducing Japanese innovative technologies and mindset of safety and innovation, unique work culture, technical cooperation and capacity building of DMRC.””
“The unstinted support from Japan, JICA including India Office has helped Delhi Metro in becoming a Shining Example globally in the field of urban mass transit.””
RELEVANT CASE LAWS
Maa Binda Express
Facts
“The respondent M/s Dinesh Engineering Corporation (hereinafter referred to as "the writ petitioner") claims to manufacture certain spare parts of GE governors used by the Indian Railways to control the speed in diesel locomotives. Consequently, its tender was not acceptable to the Railways. The High Court also rejected the contention of the Railways based on clause 16 of the Guidelines which gave a unilateral I right to the Railways to reject the tender without assigning any reason. It was also contended that the High Court was in error in coming to the conclusion that the policy was an afterthought or that it would create a monopoly in favour of EDC. According to the appellants, the writ petitioner does not have the requisite expertise nor the capacity to manufacture a governor or its quine spare parts, hence, the High Court ought not to have passed the impugned order”
Issue
“Whether the Board can purchase spare parts under a proprietary basis from EDC without calling for tenders and considering the offers received on merits.”
Decision
“To meet the future requirements of the Railways in regard to the spares for the governors to be used in the diesel locomotives, the same shall be purchased by a public tender and offers so received shall be considered on their merits without reference to the policy referred to in the letter dated 23-10- 1992. Accordingly, these appeals fail and the same are hereby dismissed.”
Reasoning
“The Board cannot purchase the spare parts under a proprietary basis from EDC without calling for tenders and considering the offers received on merits. No such ground has been taken when the writ petitioner's tender was rejected. Therefore, it is not open to the Railways to rely upon this clause in the Guidelines to reject any or every offer that may be made by the writ petitioner while responding to a tender that may be called for supply of spare parts by the Railways. The decision of the Board as found in the letter dated 23-10-1992 suffers from the vice of non-application of mind. But thu this does not mean that the courts have to abdicate their right to scrutinise whether the policy estion is formulated keeping in mind all the relevant facts and the said policy can be held to bend the pale of discrimination or unreasonableness, bearing in mind the material on record. 1tore, it is always safer to buy spare parts from an original equipment manufacturer than from a manufacturer of only a spare part. As stated above, so far as the tender dated 9-12-1991 is concerned, the same has become infructuous by passage of time, hence, the relief granted in this regard by the High Court has also become infructuous.”
ROHIT MAHAWAR AND OTHERS V. UNION OF INDIA AND OTHERS
MANMOHAN, J: (Oral) CM Appls. 10657-10658/2020 Allowed, subject to all just exceptions. W.P.(C) 3062/2020
1. “The present petition under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.”
2. “The writ petition has been heard by way of video conferencing.”
3. “Present public interest litigation has been filed seeking a direction to the respondents to a mandate that the travellers of Delhi Metro Rail should provide proof of their identities and addresses while purchasing Metro cards from Delhi Metro Rail Corporation. W.P.(C) 3062/2020 Page 2 of 2”
4. “Petitioners, who appear in person, state that Delhi Metro Rail Corporation is- sues digital Metro cards or tokens (digital monies) to its customers, who in turn use it as travel coupons. They state that linking of Metro card and token with the address proof of the travellers would protect the right to property, in the event, the Metro card or token is lost. They further state that in the wake of ongoing COVID-19 pandemic, it is of utmost importance that the respondents should be aware about the details of the passengers travelling by Delhi Metro as it would help in preventing a patient from travelling and would also help in tracing the affected travellers in case a patient had unwillingly travelled in Delhi Metro.”
5. “However, a perusal of the petition reveals that the petitioners had not filed a representation seeking similar relief from any of the respondents, before approaching this Court.”
6. “Consequently, the present writ petition is disposed of with liberty to the peti tioners to file a representation with respondent No.3 seeking the same relief as sought in the present writ petition. In the event, such a representation is filed, respondent No.3 shall dispose of the same after taking inputs from other respondents within four weeks by way of a reasoned order. Rights and contention of all parties are left open.”
Background
“Della Airport Metro Express Private Limited (Concessionaire) filed a petition under Section 9 of the Act, seeking a direction to the Delhi Metro to deposit Rs. 3502.62 Crores with the Court. which is 75% of the amount awarded under the Arbitral Award. The Concessionaire also seeks a further direction for the release of the deposited amount to the Project Lenders and Promoters who financed the project.”
Facts
“Dellu Metro prepared the Detailed Project Report (DPR) for the High Speed Metro Rail Line between New Delhi to Dwarka Sector 21 via IGI Airport Terminal 3, isions of Clause 29.52ons of Article 36.261 wisions of Article 29 of Concession Agreement Vision of Article 29.5.1. After the bidding process, a consortium consisting of Reliance Energy-CAF JV was selected as the preferred bidder. Delhi Metro advised the Concessionaire to impose speed restrictions for safety. The Concessionaire stopped operations on June 30, 2013, and claims to have handed over the line to Delhi Metro on July 1, 2013 Della Metro challenged the termination of the Concession Agreement by the Concessionaire before the Arbitral Tribunal”
“The Arbitral Tribunal awarded Termination Payment to the Concessionaire, including 130% of the equity invested by the Concessionaire.”
“The Concessionaire contends that the cure notice given by Delhi Metro was not limited to de- fects relating to the bearings.”
“The Arbitral Tribunal held that there were breaches of the Concession Agreement by Delhi Metro, justifying the termination of the agreement by the Concessionaire.”
“The Concessionaire issued a Cure Notice to Delhi Metro on July 9, 2012, and a termination notice on October 8, 2012.”
“The Arbitral Tribunal found defects in the civil structure of the Airport Metro Line.”
Issues
- “Whether Delhi Metro breached the Concession Agreement by failing to cure defects within the cure period?”
-“Whether the termination of the Concession Agreement by the Concessionaire was justified?”
Decision
“The Arbitral Tribunal held that Lelhi Metro breached the Concession Agreement by failing to cure defects within the cure period.”
“The termination of the Concession Agreement by the Concessionaire was found to be justified”
The author of this article is Harshita Bagla.
This article contains the view of the author and the publisher in no way associates with the views or ideologies of the author. All the moral rights vests with the Author(s).
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