Tuesday, January 28, 2014

Moneylife invoked Section 7 of the RTI Act to procure the safety audit report, after four young ad professionals of Pune died after their car plunged into Neera River. What we discovered was shocking

Four young ad professionals from Pune died in a horrendous tragedy on 2nd November when their car plunged into the Neera River through a dangerous gap left open at the tip of the bridge on the Mumbai-Bangalore Highway. However, the National Highway Authorities of India (NHAI) insisted that unless they get a safety audit report from theirsafety consultants, HAKS Engineers and Info Trans Engineers Pvt Ltd, they would notundertake safety repairs.

Moneylife invoked the RTI Act underSection 7, under which the applicant can get information within 48 hours, “Provided that where the information sought for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.’’

The writer received the copy of the safety audit report on the afternoon of 19thNovember.

Shockingly, the ‘Inspection report on accident at Neera Bridge site’ puts the blame squarely on the driver stating that: “In spite of the warning signs and barricades, the accident has taken place. The opinion of thesafety consultant is that the driver of the vehicle has ignored the warning signs. The accident occurred due to the driver’s fault and not due to the deficiency of the safety measures at the bridge site.’’

This is clearly an attempt by the safety consultants to protect and defend the NHAI and Reliance Infra despite their complete criminal negligence through shoddy and unsafe work on this stretch of the highway. Photographs published in Moneylife last week clearly show that Reliance had not protected the tip of the bridge with a crash barrier; the ‘work in progress’ signboard of the NHAI on the left is confusing to drivers, particularly at night.

After having squarely put the blame on the driver, the safety report recommends safety measures, which this writer through the Nav Bharat Nagarik Manch has been demanding. It states: “Cross wall connecting the abutments of the two bridges shall be raised above the ground level up to the height of the hand railings to avoid the entry of animal and human into the river by accident or mistake.’’

The wordings of this recommendation are highly objectionable as it trivialises the issue.

The second recommendation is: “Metal beam crash barriers shall be provided on the right edge of the carriageway to suitable length.’’

This is the very place where the car plunged into the Neera River. However, the safety consultant admits it, after having put the blame on the victims who can speak no more.

Nav Bharat Nagarik Manch had given the NHAI, seven days that is 26th November, to do the necessary repairs, or else agitate. It is also in the process of collecting information under RTI to file a public interest litigation (PIL), on the 140 km stretch of this highway, which runs through Maharashtra and is being built, maintained and operated by Reliance Infra.

The contract agreement procured by Moneylife shows that it is mandatory for the Reliance Infra to check the road conditions in terms of passenger safety and traffic signboards every seven days and it is incumbent on the NHAI to monitor the work of the contracting agency.

Following are some of the points in the Contract Agreement:
*that the traffic worthiness and safety are at no time inferior and that the worthiness of the road should be checked every 7 days
* For the avoidance of doubt, it is agreed that the Concessionaire shall at all times be responsible for ensuring safe operation of the Project Highway
* The independent Engineer shall inspect the Project Highway at least once a month and make a report of such inspection (the "Inspection Report") stating in reasonable detail the defects or deficiencies
*Upon recommendation of the Independent Engineer to this effect, the Authority may by notice require the Concessionaire to suspend forthwith the whole or any part of the Construction Works if, in the reasonable opinion of the Authority, such work threatens the safety of the Users and pedestrians.

The obligations of the Concessionaire (in this case Reliance Infra) hereunder shall include:

(a) permitting safe, smooth and uninterrupted flow of traffic on the Project Highway during normal operating conditions;

(d) carrying out periodic preventive maintenance of the Project Highway;

(e) undertaking routine maintenance including prompt repairs of potholes, cracks, joints, drains, embankments, structures, pavement markings, lighting, road signs and othertraffic control devices;

(f) undertaking major maintenance such as resurfacing of pavements, repairs to structures, and repairs and refurbishment of tolling system and other equipment;

(i) operation and maintenance of all communication, control and administrative systems necessary for the efficient operation of the Project Highway;

(k) maintaining a public relations unit to interface with and attend to suggestions from the Users, government agencies, media and agencies; and

(I) complying with Safety Requirements.

The NHAI and Reliance are also bound by the NHAI’s Safety Manual as well as Citizen Charter besides the contract agreement. Both are flouting all norms at the expense of innocent lives being snuffed out. As per the information procured from the Rajgad Police Station by the writer, in the 29 km stretch between Katraj tunnel and the Neera Bridge, there have been 174 deaths and 111 serious injuries from January 2011 to 31 October 2013.

Strangely, the safety report does not have a dateline of when it has submitted the report to the NHAI though it says that inspection took place on 12 November 2013. The inspection report does not even give any timeline to conduct the necessary repairs. So, is this all just a farce?

(Vinita Deshmukh is the consulting editor of Moneylife, an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte” with Vinita Kamte and is the author of “The Mighty Fall”.)