Condition Precedent

CONDITION PRECEDENT

Following are the condition precedent required to be satisfied by the Authority prior to appointed date, but most of them are still pending which are described below:

 Right of Way

As per the letter no.ISC/NHAI/Surat/10/ 636 dated 21st July 2010 submitted to NHAI, which enclosed the “Memorandum” containing inventory of site and “Appendix” containing those part of the site to which vacant access and ROW not granted to the concessionaire, status of these details as on 31st Deecember’14 is mentioned below: Table: Status of the Available Land Soma(Packag Isolux Soma S.N Description e-B) in (Package-A) Isolux in o Hectares in Hectares Hectares 1 Total Land Required 455.58 363.406 818.986 Total Land Available as Existing 2 ROW a) (i) Existing Road (sheet Attached) 185.586 231.435 417.021 (ii) Existing Bus Bays/Govt Land b) 4.08 4.08 Available (Ref: Appendex - AIII(f) of CA Volume

- II) Compensation Paid (3H) 198.1562 38.7223 236.8785 Total Land Available 383.7422 270.1574 653.899 3 Land still to be made Available (1-2) 71.837 93.246 165.08 4 % Land not Available 15.76% 25.65% 20.10%

We have submitted a letter to NHAI for the damaged claimed against non-availability of land, which stand revised to Rs 21.37 Cr. up to 30th November‘14. Land acquisition process is very slow. Even after project finish date has elapsed yet land is not handed over to concessionaire. Formal signing of Memorandum and Appendix has not been done even for the 401.79 hectare of Existing Road (including Bus Bays etc.) though request for signing the Memorandum and Appendix is being sent regularly to NHAI. For the remaining land required for the Project, the process has reached up to 3H for most of areas and compensation is paid only for 236.878 hectare land by the end of Deecmber 2014. Details of Publication of Notification in Official Gazette of India for Land Acquisition under NH Act, 1956

Remarks Published in Local News Sr. No. Description District Gazette No. Date (Area in Paper Ha.) Notification u/s 3(a) for Surat & 1 existing S.O.752 (E) 17.03.2009 - Tapi NH-6 Portion Notification u/s 3(a) for total Surat S.O.1607 2 District Surat 30.06.2009 - (E) including SH realign portion Notification S.O.1693 Sandesh & The Indian Express 3 u/s 3(A) for Tapi 10.07.2009 192.7430 (E) (08.08.2009) 23 Village Notification S.O.2489 Sandesh & The Indian Express 4 u/s 3(A) for Tapi 30.09.2009 97.7720 (E) (01.11.2009) 9 Village Notification S.O.2532 Sandesh & The Indian Express 5 u/s 3(A) for Surat 06.10.2009 314.0340 (E) (Dt 13.11.2009) 44 Village Notification u/s 3(D) for S.O.1545 Divya Bhaskar & The Times 6 Bardoli & Surat 25.06.2010 79.6265 (E) of India (Dt 12.08.2010) Palsana Taluka Notification u/s 3(D) for S.O.1627 Gujarat Smachar & The Indian 7 Tapi 08.07.2010 132.0599 Tapi (E) Express (28.08.2010) District Notification u/s 3(D) for S.O.2014 Sandesh & The Times of India 8 Surat City Surat 17.08.2010 24.7116 (E) (Dt 14.09.2010) & Choriyasi Taluka Fresh Notification S.O.2015 Divya Bhaskar & The Indian 9 u/s 3(A) for Surat 17.08.2010 56.4459 (E) Express (Dt 17.09.2010) Surat District 10 Fresh Tapi S.O 2738(E) 08.11.2010 Gujarat Smachar & The Indian Notification Express (08.12.2010) 31.9953 u/s 3(A) for Tapi District 11 Notification u/s 3(D) for Divya Bhaskar & The Times Surat S.O. 617 (E) 23.03.2011 55.6176 Surat of India (Dt 11.05.2011) District Notification Gujarat Smachar & The Times u/s 3(D) for S.O. 1271 of India(22.08.2011) 12 Tapi 31.05.2011 28.9022 Tapi (E) &Corrigendum District Eng(31.08.2011) Notification u/s 3(D) for Surat S.O. 1554 Divya Bhaskar & The Times 13 Surat 05.07.2011 0.1605 District (E) of India (Dt 13.08.2011) (Court Case) 3 rd Notification S.O. 1669 Divya Bhaskar & The Times 14 u/s 3(A) for Surat 20.07.2011 1.7984 (E) of India (Dt 05.08.2011) Surat District 4 th Notification u/s 3(A) for S.O. 2456 Sandesh & The Times of India 15 Surat 27.10.2011 0.0967 Surat (E) (Dt 24.12.2011) District (Un Village) 3 rd Notification S.O. 2784 Gujarat Mitra & The Times of 16 u/s 3(D) for Surat 14.12.2011 1.7984 (E) India (Dt 03.01.2012) Surat District 4 th Notification u/s 3(D) for Sandesh & The Times of India 17 Surat S.O. 744 (E) 04.04.2012 0.0967 Surat (Dt 08.06.2012) District (Un Village)

 Fee notification: Fee notification got published in Gazette on 8th February 2012.

 ROB’s: GADs for all six ROBs were approved by Railways during June 2010 to October 2010.  Concessionaire has submitted proposal for construction of new 2 lane ROB as RHS Service Road at Sachin. The NHAI has forwarded the GAD to Railways for approval on 15th May 2012.  Revised GAD of ROB Ichchapore and Kribhco ROB have been submitted to NHAI for onward transmission to Railways for approval. NHAI has forwarded the GAD to Railways for approval on 20th July 2012.  For ROBs at Km 3+886, Km 19+597, Km 40+957and Km 96+373 Railways have approved the design and drawing.  Proof checked detailed drawings/ design from IIT for ROBs at Ichchapore & Kribhco ROB submitted to NHAI.  Tripartite Agreement for ROB’s at Km 3+886, Km 40+957 and Km 96+373 has been signed by Railways.  Supervision charges for ROBs at Km 3+886, Km 40+957 and Km 96+373 have been deposited to Railways.  Maintenance Charges of ₹1.31 Cr has been deposited to Railways on 22nd July 2013 for ROB at Km 96+373.  Concessionaire vide letter dated 5th November 2013 has deposited ₹0.38 Cr to NHAI against TRD charges in lieu of Level Crossing No. 1 and 17 on ONGC and Kribcho Siding as demanded by the Railways.

 State Support Agreement: NHAI HQ has given in principle approval for signing the State Support Agreement (SSA) for this project in accordance to the already signed agreement for Surat-Dahisar NH-8 project. SSA has been submitted to NHAI for signing as per letter no. SI-PO-NH-6-2011-12/3915 dated: 08thSeptember ’11. Request for signing the State Support Agreement (SSA) for this project is being sent regularly to NHAI. Concessionaire once again vide letter no 10843 dated 18th June 2014 has send the reminder -8. Concessionaire once again requested to the NHAI to expedite the signing process with State Government for execution of State Support Agreement at the earliest vide letter no. 11497 dated 26th November 2014 has send to the reminder-11.