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International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 331
Why PPP Modeled Infrastructure Projects
Failed:A Critical Review with a Special Focus on
Road Sector
N. Srinivasa Reddy1*
, Pankaj Sharma2
1*
Senior Faculty, Built and Natural Environment Department, Caledonian College of Engineering GlasgowUniversity Muscat
2
Senior FacultyDepartment of Civil Engineering Amity School of Engineering &Technology,Amity University Rajasthan,
Jaipur, India
Abstract—Infrastructure is the back bone of economic
development of any Nation. Road infrastructure plays key
role for trade and commerce, connecting the production
and consumption centers. Road and transportation
infrastructure construction is highly capital intensive,
wherein the government alone cannot meet its ends and
initiated Public Private Partnership (PPP) for its execution
right from planning and designing to its maintenance
through various PPP models. Over the last few years many
of the awarded roadprojects through PPP modelare stalled
citing various reasons. This technical paper analyses the
risk factors associated with PPP –toll operated road
projects through case studies and suggested corrective
measures like shadow tolling and hybrid models for
restoration of PPP.
Keywords— PPP in Highway Projects, Risk factors,
Shadow Tolling, Hybrid Models.
I. INTRODUCTION
India’s growth-story in recent years is a most phenomenal
development in the world economy. Historically Indian
economy has been a consumption driven and showing
tremendous growth over the last two decades demanding
large investments in infrastructure. In order to sustain
growth in future, Government alone cannot fund such large
investments in infrastructure projects and participation from
private agencies is imperative. Initiatives from the
government have led to increasing private sector
participation in India’s infrastructure development.
Roads especially expressways, highways & rural roads are
the most critical part of infrastructure that aims directly
improving connectivity from consumption centers to
production centers across the country bridging the industry
and agriculture for the improvement of trade and quality life
of its citizens. The National Highways Authority of India
(NHAI) - the nodal agency for ensuring rapid development
of roads in the country has made PPP the preferred
modefrom National Highway Development Programme
(NHHDP) phase-III for most of its projects. Road Projects
execution under PPPmodel,take much lesser time to
complete and the Government does not have to bear cost
over-runs where it plays a regulatory role.
Over the last half decade many of the road infrastructure
projects have been stalled, abandoned or terminated either
by the sanctioning authority or by the concessionaire due to
various reasons. The reasons could be clearances on land
and forest, non availability of aggregate due to ban on
mining, or the financial risk or the cost overruns. Stalling of
these projects has huge negative repercussion on the
employment and growth. In this paper a critical examination
of PPP models and the reasons for the failure of the projects
initiation, is carried to suggest measures for its restoration.
Public Private Participation in Highway Sector:A Public
Private Participation (PPP) is a consideration between
government & private sector entity for public asset creation
or public service delivery for specified period of time and
performance measurable by public entity or its
representative. As infra-projects are highly capital intensive,
the PPPsarrangement helpsgovernments to meetits demands
for the development of modern and efficient facilities,
infrastructure and services while providing value for
taxpayers[1].
II. OBJECTIVES OF PPP
 Harness Private Sector efficiencies
 Focus of Life Cycle approach for development
of any project
 Innovation and Technological improvements
 Provision of affordable and improved services
Essential Conditions of PPP
International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 332
 Investments made by private sector entity
 Risk sharing with the private sector
 Performance linked fee payment structure
&/or through user charges
 Conformance to performance standards
Table Different PPP Models
Design-Build
(DB)
Design Build-Operate
(DBO)
Operation &
Maintenance
Contract (O & M)
Design-Build-
Finance-
Maintain
(DBFM)
Design-Build-
Finance-Operate-
Transfer(DBFOT)
Build-Own-
Operate (BOO)
Build
Operate Transfer (BOT)
Build-Own-Operate-
Transfer (BOOT)
Buy Build
Operate (BBO)
Build-Own-Lease-
Transfer (BOLT)
Merits of PPP Models
 Easing Budgetary Constraints
 Value for money issue
 A realistic control of cost
 A streamlined construction schedule and reliable
project implementation enable enhanced economic
development
 Assets creation, maintenance and service delivery
 Set on sustainable and environmentally - Compatible
development
 Social benefits
 Transparency
 Transfer of technology
 Project stability
 Focusing the Role of Public Authority on its
Regulatory function
Demerits:
 Both the public entity and the private firm is seeking
to gain from the relationship-user ends up paying
more
 Involves high risk level
 Long term contracts not reliable
Most of the Public Private Partnership (PPP) projects in
Highways sector have been implemented on the Design-
Build-Finance-Operate-Transfer (commonly referred to as
DBFOT or the BOT model).The matrix below Table-1
explains the fundamentals of this model with respect to the
traditional Engineering Procurement Construction (EPC)
mode of awarding infrastructure development works:
Table: 1 Responsibility Matrix for EPC Vs DBFOT
Responsibility
Matrix
Who
designs
Who
finances
Who
constructs
Who
operates
and
maintains
Who owns
land and
assets
Will the
asset be
transferred
back?
Normal EPC Government Government Private Government Government NA
DBFOT Private
Private Gets
toll
collection
Rights
Private
Private
(Till the
Concession
Period)
Private
Government End
of
Concession
One of the advantages of BOT model is that it takes the
infrastructure financing load off from the Government
balance sheet.When the projects are notviable for private
participation, Government funding and liability in the form
of Viability Gap Funding(VGF) is contributed and is
restricted to a max of 40% of the project cost or the Annuity
payments depending on whether the Project is implemented
as BOT Toll or as BOT Annuity[2].
Projects Awarded under PPP Model but could not be
initiated: As per the estimates of Working Group on
Central Road sector that the targets set for the year2017
would be 85,000 km. It could be possible only through PPP
model. PPP in highways started with the NHDP Phase-III.
While the projects under NHDP Phase-I and Phase-II were
predominantly implemented under the engineering
procurement and construction (EPC) mode. Between2005-
International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 333
12, about 40,000 km of road was awarded to different
concessionaires, out of which about 25,000 Km of road
network is yet to commence its execution due to various
reasons. Besides NHDP programme, 15 states awarded
about 173 State Highway projects amounting to 80,000 cr
(in which UP’s Yamuna Expressway worth 30,000 is an
important project) are in the process of execution are, too
facing some hurdles[3].
Risk Factor in PPP:Risk is a threat or probability that an
action or event will adversely or beneficially affect an
organization’s ability to achieve its objectives. Also risk is
‘Uncertainty of Outcome’, either from pursuing a future
positive opportunity, or an existing negative threat in trying
to achieve a current objective.
Various Risks in Road Infrastructure PPP projects:
A. Pre-operative task risks
 Delays in land acquisition:landis unavailable to
be used within required time due to native’s claims
on the land.
 External linkages: adequate and timely
connectivity to the project site is not available,
which impact the commencement of construction
and overall pace of project.
 Financing risks:sufficient finance is not available
at reasonable cost due to changes in market
conditions or credit availability, resulting in delays
in the financial closure.
 Planning risks: Risks that the pre-development
studies (technical, legal, financial and others)
conducted were inadequate and not robust enough.
B. Construction phase risks
 Design risk: risk that the proposed design will be
unable to meet the performance and service
requirements resulting in additional costs for
modification and redesign.
 Construction risk: risk that the construction will
not be completed on time, on budget or to
specification leading to additional raw materials
and labour costs, additional financing costs,
increase in the cost of maintaining existing
infrastructure.
 Approvals risk: Risk of delays in approvals
causing delay in construction as per the
construction schedule. Such delays in obtaining
approvals may lead to cost overruns.
C. Operation phase risks
 Operations and maintenance risk: Risks
associated with need for increased maintenance of
assets over project life-cycle to meet performance
requirements.
 Traffic risk: Risk that demand for a service varies
from initial forecasted expectations, causing short-
fall in the total revenue.
 Payment risk: Risk that fees for services are not
collected in full or are not set at a level that allows
recovery of costs.
 Financial risk: Risk that the concessionaire
introduces too much financial stress on the project
by using inappropriate financial structure leading
to additional funding costs for increased margins
or unexpected refinancing costs.
D. Other risks
 Change in law: Refers to risk that the current legal
/ regulatory regime will change, having an adverse
impact on the project.
 Force Majeure: These events are also called "Acts
of God", to indicate that they are beyond the
control of either contracted party.
 Concessionaire risk: Risk that the concessionaire
will prove to be inappropriate or unsuitable for
delivery of the project, for example due to failure
of their company.
 Sponsor risk: Risk that the Sponsor will be an
unsuitable partner for the project, for example due
to poor project management or unable to fully
recognise the agreed terms of the Concession
Agreement[4].
 Concessionaire/Government event of default:
Risk that the concessionaire/government will not
fulfil its contractual obligations and that the other
party will be unable to – either enforce those
obligations against the concessionaire, or unable to
recover some form of compensation or remedy
from the other party for any loss sustained by it as
a result of the breach[5][6].
Success and failures encountered while executing the
project activities at some of the PPPprojects and the
learning drawn are tabulated in Table:2 below.
International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 334
Table.2: Learning’s from Success and Failures at Some PPP Infra Projects
Stage of
Projects
Project
Activities
Examples of successful
PPPs
Examples of PPPs where
problems were
encountered
Learnings
Project
Preparation
Comprehensive due
diligence Studies &
Robust Traffic /
Market Projections
Timarpur Integrated solid
waste management project:
Detailed technical studies,
financial & risk evaluation,
obtaining regulatory &
statutory approvals were
done well in advance.
Vadodara Halol Toll Road
project:Incorrect
estimation of projected
traffic resulting in
increased revenue Risk.
Prior due diligence
studies of technical &
legal implications.
Realistic Traffic
estimates.
Procurement
Dealing with
Speculative Bids
Hyderabad Metro
project:Commercial
utilization of land along
with metro project led to
wide divergent bids.
Greater incentive to
complete real estate
development at the cost of
metro.
Speculative bids
should be avoided &
terminated; Fresh
bidding should be
called for.
Importance of Lead
Consortium
Member/ Promoter
of Concessionaire
Hyderabad Metro project:
Maytas Metro was badly
affected due to issues
faced by its promoter–
Satyam Computer
Services. Project failed to
achieve financial closure.
Adequate due diligence
of Experience &
expertise of Lead
consortium member or
promoter.
Development Handling of Land
Acquisition
Hyderabad Metro project:
Government handover 90%
of the land within 120 days
from signing of the
agreement.
Delhi Gurgaon expressway
project: difficulty in
acquiring the land
impacted the overall
project schedule.
Completing land
acquisition prior to
Project Procurement.
Streamlining of
Approvals &
Clearances
Alandur Sewerage Project:
Key approvals, including
road cutting, shifting of
services & environmental
clearances were taken in
advance.
A single interface for
coordination of all
approvals to prevent
delays.
Environmentally
&Socially
responsive
development
framework:
Learning:
Vadodara Halol Toll Road
project: Intense public
consultations were carried
out. Bypasseswere
introduced at various critical
locations.
PPPs have an
environmentally and
socially responsive
development
framework.
International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 335
Financing
Innovations
The Vadodara Halol Toll
Road:Deep discount bonds
with an option of take-out
financing; Long term loans
as a part of its financing
structure.
PPP projects to be
financially
independent;
Minimize reliance on
government grants or
schemes.
Operations
Favourable
Operating
Environment
Amritsar Inter-state Bus
Terminal project:Reduction
in concessionaire’s revenue
risk.
Create favourable
operating
environment for
private sector to
function optimally.
Case Studies of PPP Projects wherein theconcessionaire
is withdrawn:Among the awarded PPP highway
projects,noteworthy mega projects where the concessionaire
had withdrawn citing the problems of land acquisition and
other reasons,areof GMR and GVK are of worth Rs. 10,700
crore. Similar projects of small size are many, wherein
many projects are taken over by the concessionaire on
premium. As many as 1646 cases related to NHAI projects
are under litigation at different levels. As of March 31st
2011,funds amounting to the tune of Rs. 11206 cr are under
dispute across various contracts involving NHAI. For better
illustration case studies of three classical projects first one a
port connectivity project, the second project passing
through reserved forest and the otherone connectingtwo
temple and heritage townsare discussed in the following
paragraphs:
Case Studies projects awarded but could not be
initiated:
Case Study-1: Chandhikole – Paradip NH 5A Proposal
for 4 Lane to 6 Lane Conversion
The 4-laneproject road currently operated on BoT has been
called for bidding for its up gradation to 6L two times on
DBFOT basis and both the times could not get sufficient
bidders for awarding the workon premium. The project road
is the main linkage for bulk solid/liquid truck traffic
movements from Paradip port to different parts of Orissa.
At Chandhikole, NH-200 and NH 5 forming a junction with
NH 5A which further leads to Paradip port. Project road and
competingAlternate Routes (AR) are shown in the fig-1.
Fig.1: Chandhikole – Paradip NH 5A Road Map with Regional Linkages
International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 336
Salient Features of the Project:
 Project Length: 76.618 Km (from 0.000 Km to
76.618 Km proposed chainages) – starts from
Chandhikole and ends at Paradip of NH 5A.
 Project Cost: 1014.36 Crores.
 Project Description: Six laning from 0.000 Km to
76.618 Km.
 Toll Plaza: 1 No’s (at 4.000 Km design chainage).
 Bypasses: Nil.
 Major Structures costing more than 50 Crores: 1
No’s (96.82 Crores Mahanadi Bridge at 66.175 Km).
Reasons for failure:The project is recommended for
DBFOT (Toll) with only premium for a concession period
of 30 years. Current traffic is about 12500 PCU/day(
Authors personal investigation ) and largely contributed by
local trucks.As per the concessioners estimate and the
project shall be qualified for 6-lane augmentation (above
40,000 PCU /day) in the year 2040. Observed Toll
Collection at the Toll Plaza at the time of bidding was 7.12
lacs per day.Estimated Toll Revenues by Commercial Date
of Operation (COD)would be 13.51 lacs/day. Main reasons
for failure of the project is at the time of preparation of
DPR due consideration is not given to new port
connectivity railway line,, effect of other upcoming private
BOT ports and decline in port export and import activity
due to ban on mining. As per actual the project is not viable
for 6L even on 40% VGF for a concession period of 30
years.
Case Study-2: Angul - Sambalpur (NH 42) Proposal for
conversion to 4-lane on DBFOT Pattern:FourLaning of
Angul-Sambalpur Section of NH-42 starts at Km 112.000
of Angul To Km 265.000 at Sambalpur in the State Of
Orissa (Fig-2). Major Goods traffic on the project road
would mineral ore coal and iron finished products. The
project is called for bidding on maximum 40% Viability
Grant Fund(VGF) for a concession period of 30 years. The
project is awarded to concessionaire at a VGF of about 28%
in August 2011, but could not take off for execution.
Salient Features of the Project:
 Project Length: 153.00 Km (from 112.00 Km to
265.00 Km chainages) – starts from Angul and ends
at Sambalpur of NH 42.
 Project Cost: 1220.32 Crores.
 Project Description: Rehabilitation and up-gradation
to four laning standards.
 Toll Plaza: 2 No’s (at 188 Km and 244.5 Km
existing chainages).
 Bypasses: 1 No’s (Sambalpur bypass – 3.9 Km).
 Elephant Under passes : 5No.
 Major Structures costing more than 50 Crores: Nil.
Fig.2: Project Corridor Angul- Sambalpur NH-42
(Source: Google map)
Reasons for Non Commencement of Execution:
 80% of the project road is in forest land and still
awaiting for the clearances from MoEF and other
local bodies.
 Fall in traffic due to ban on mining activity and
could not achieve financial closure, as bankers are
not ready to finance.
 Project cost escalations Total Project Cost given in
DPR is 1220.32 Cr where as concessionaires
estimate at the time of bidding 888 cr.
International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 337
 The project stretch is a Naxalite prone area affecting
the base camp and construction operations.
Case Study-3: Madurai- Ramanathapuram Section of
NH-49 Prposal for Partial 4-laning and balance with 2-
Lane with Paved Shoulders DBFOT (Toll):The Project
stretch starts from Km 5+000 at Mthuraiand ends at
Ramanathapuram beyond Km 120+1100(Fig-
3),cconnecting two temple towns Madurai Meenakshi and
Rameswaram.Salient features are:
 Project Length: 115.110 Km (from 5.000 Km to
120.110 Km proposed chainages) – starts from
Madurai and ends at Ramanathapuram of NH 49.
 Project Cost: 683 Crores.
 Project Description: Four laning from 5.000 Km to
79.900 Km and Two laning from 79.900 Km to
120.110 Km.
 Toll Plaza: 2 No’s (at 28.00 Km and 90.00 Km
existing chainages).
 Bypasses: 5 No’s (Silaiman bypass – 3.245 Km,
Thirupuvanam bypass – 9.075 Km, Thirupacetty
bypass – 2.00 Km, Paramakudi bypass – 9.480 Km
and Ramanathapuram bypass – 11.810 Km).
 Major Structures costing more than 50 Crores: Nil.
Fig.3: Project Corridor Mathurai- Rameswaram NH-49
(Source: Google map)
Reasons for Bid Failure:
 Project road connects two famous Pilgrimage tourist
places in India namely Madurai and Rameshwaram.
But as the project road is approaching to a dead end
after Ramanathapuram , chances for potential
growth is limited.
 Current traffic volumes on two stretches of project
road are 11000 PCU/day and 7000 PCU/day. Most
of the DFOT rural roads enjoy Toll revenue due to
the presence of 2-Axle and 3-axle traffic but on the
project their contribution is very poor. Also the few
trucks operating on the corridor carrying building
materials are local and their Toll contribution is very
low.
 As the project corridor is near to the sea coast
significant portion of the land is under wastelands
and future industrial growth is bleak.
 Only few % of vehicles carrying through traffic
carrying withsalt, Tiles, Paddy, Fish /coir / Cement
are the major commodities.
 Since the project corridor is having an alternative
(NH-85/NH-226) road, once the project road is
ready, traffic on the project road may be affected
marginally to avoid the toll charges.
 Due to the above reasons the estimated toll revenue
by Commercial Date of Operation (COD) would be
Rs. 9.53 lac/day does not qualify for bidding even on
VGF.
Risk Mitigating Measures:
Shadow Tolls: Shadow tolls were implemented in the UK
during 1990s. It is a payment structure where the road user
does not pay any toll; instead the concessionaire collects
revenue from the government in proportion to the number
of vehicles using the road. While private operators have
only the pricing tools to collect revenue, government
additionally has the taxation tool as well which it can use to
charge a higher road tax to its citizens. One way of doing
this is imposing a cess on fuel.
International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017]
https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311
www.ijaems.com Page | 338
The shadow tolling system effectively, makes the road
services free for the user. At the same time, the government
need not bear the extra burden of paying the toll, because it
collects the money through the cess on petrol or diesel. The
proposed cess would be minimal (less than a rupee) as it
will be spread over a huge base and hence the citizens
would not feel the pinch of the increase. The highway road
traffic would not be hampered by high toll prices, and thus
be closer to their capacity utilization, ensuring maximum
economic and social benefit.
Conclusions &Remarks:In the present BOT scenario and
also the prevailing social political environment is not
conducive for running toll operations business is a tough
situation to the concessionaire due to public resistance and
political interventions for popular gains. Under this hostile
environment, execution of stalled projects and
commencement of new PPP projects under BOT model is
uncertain. Regulatory Authorities (NHAI/State
Governments) need to rethink and invent new strategies in
PPP model for restoration of Infrastructure. Mechanism
like shadow tolling have their respective pros and cons that
need to be debated considering various policy constraints
such as budget availability, willingness to pay tolls, value
for money, transfer of risks to the private party, ease of
implementation etc. Going forward, it is expected that
Government would seriously explore such mechanisms on
test case basis to address some of the main issues that exist
on the Highways network. Other strategic options could be
reducing the concession period and granting VGF, awarding
projects at reduced concession period on VGF+ Annuity
combination. Also Government should implement latest
traffic management and monitoring technologies, where in
the roads are Toll Freeand , traffic would be monitored and
counted with state of technology and concessionaire would
be appropriately compensated for the operated traffic. Such
mechanisms would help Indian Government to achieve a
Road User friendly environment and make driving on
Indian highways a safer and a much better experience.
REFERENCES
[1] http://www.nbmcw.com/articles/roads/28481-public-
private-partnership-ppp-in-road-infrastructure-
projects.html
[2] http://www.ifimbschool.com/management_review/need
_to_look_at_innovative_PPP_mechanisms_and_frame
work.html
[3] http://www.ey.com/Publication/vwLUAssets Public-
private partnerships and the global infrastructure
challenge. Ernest & Young building a better world
[4] http://www.trafficinfratech.com/assessing-risks-of-ppp-
projects/
[5] http://www.mbaskool.com/business-
articles/operations/867-how-to-improve-ppp-projects-
in-india-a-learning-from-the-past.html
[6] http://www.prepnut.com/prepare/read/70/PPP-in-
infrastructure-development-%7C-For-better-or-for-
worse/

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FAILED PPP PROJECTS

  • 1. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 331 Why PPP Modeled Infrastructure Projects Failed:A Critical Review with a Special Focus on Road Sector N. Srinivasa Reddy1* , Pankaj Sharma2 1* Senior Faculty, Built and Natural Environment Department, Caledonian College of Engineering GlasgowUniversity Muscat 2 Senior FacultyDepartment of Civil Engineering Amity School of Engineering &Technology,Amity University Rajasthan, Jaipur, India Abstract—Infrastructure is the back bone of economic development of any Nation. Road infrastructure plays key role for trade and commerce, connecting the production and consumption centers. Road and transportation infrastructure construction is highly capital intensive, wherein the government alone cannot meet its ends and initiated Public Private Partnership (PPP) for its execution right from planning and designing to its maintenance through various PPP models. Over the last few years many of the awarded roadprojects through PPP modelare stalled citing various reasons. This technical paper analyses the risk factors associated with PPP –toll operated road projects through case studies and suggested corrective measures like shadow tolling and hybrid models for restoration of PPP. Keywords— PPP in Highway Projects, Risk factors, Shadow Tolling, Hybrid Models. I. INTRODUCTION India’s growth-story in recent years is a most phenomenal development in the world economy. Historically Indian economy has been a consumption driven and showing tremendous growth over the last two decades demanding large investments in infrastructure. In order to sustain growth in future, Government alone cannot fund such large investments in infrastructure projects and participation from private agencies is imperative. Initiatives from the government have led to increasing private sector participation in India’s infrastructure development. Roads especially expressways, highways & rural roads are the most critical part of infrastructure that aims directly improving connectivity from consumption centers to production centers across the country bridging the industry and agriculture for the improvement of trade and quality life of its citizens. The National Highways Authority of India (NHAI) - the nodal agency for ensuring rapid development of roads in the country has made PPP the preferred modefrom National Highway Development Programme (NHHDP) phase-III for most of its projects. Road Projects execution under PPPmodel,take much lesser time to complete and the Government does not have to bear cost over-runs where it plays a regulatory role. Over the last half decade many of the road infrastructure projects have been stalled, abandoned or terminated either by the sanctioning authority or by the concessionaire due to various reasons. The reasons could be clearances on land and forest, non availability of aggregate due to ban on mining, or the financial risk or the cost overruns. Stalling of these projects has huge negative repercussion on the employment and growth. In this paper a critical examination of PPP models and the reasons for the failure of the projects initiation, is carried to suggest measures for its restoration. Public Private Participation in Highway Sector:A Public Private Participation (PPP) is a consideration between government & private sector entity for public asset creation or public service delivery for specified period of time and performance measurable by public entity or its representative. As infra-projects are highly capital intensive, the PPPsarrangement helpsgovernments to meetits demands for the development of modern and efficient facilities, infrastructure and services while providing value for taxpayers[1]. II. OBJECTIVES OF PPP  Harness Private Sector efficiencies  Focus of Life Cycle approach for development of any project  Innovation and Technological improvements  Provision of affordable and improved services Essential Conditions of PPP
  • 2. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 332  Investments made by private sector entity  Risk sharing with the private sector  Performance linked fee payment structure &/or through user charges  Conformance to performance standards Table Different PPP Models Design-Build (DB) Design Build-Operate (DBO) Operation & Maintenance Contract (O & M) Design-Build- Finance- Maintain (DBFM) Design-Build- Finance-Operate- Transfer(DBFOT) Build-Own- Operate (BOO) Build Operate Transfer (BOT) Build-Own-Operate- Transfer (BOOT) Buy Build Operate (BBO) Build-Own-Lease- Transfer (BOLT) Merits of PPP Models  Easing Budgetary Constraints  Value for money issue  A realistic control of cost  A streamlined construction schedule and reliable project implementation enable enhanced economic development  Assets creation, maintenance and service delivery  Set on sustainable and environmentally - Compatible development  Social benefits  Transparency  Transfer of technology  Project stability  Focusing the Role of Public Authority on its Regulatory function Demerits:  Both the public entity and the private firm is seeking to gain from the relationship-user ends up paying more  Involves high risk level  Long term contracts not reliable Most of the Public Private Partnership (PPP) projects in Highways sector have been implemented on the Design- Build-Finance-Operate-Transfer (commonly referred to as DBFOT or the BOT model).The matrix below Table-1 explains the fundamentals of this model with respect to the traditional Engineering Procurement Construction (EPC) mode of awarding infrastructure development works: Table: 1 Responsibility Matrix for EPC Vs DBFOT Responsibility Matrix Who designs Who finances Who constructs Who operates and maintains Who owns land and assets Will the asset be transferred back? Normal EPC Government Government Private Government Government NA DBFOT Private Private Gets toll collection Rights Private Private (Till the Concession Period) Private Government End of Concession One of the advantages of BOT model is that it takes the infrastructure financing load off from the Government balance sheet.When the projects are notviable for private participation, Government funding and liability in the form of Viability Gap Funding(VGF) is contributed and is restricted to a max of 40% of the project cost or the Annuity payments depending on whether the Project is implemented as BOT Toll or as BOT Annuity[2]. Projects Awarded under PPP Model but could not be initiated: As per the estimates of Working Group on Central Road sector that the targets set for the year2017 would be 85,000 km. It could be possible only through PPP model. PPP in highways started with the NHDP Phase-III. While the projects under NHDP Phase-I and Phase-II were predominantly implemented under the engineering procurement and construction (EPC) mode. Between2005-
  • 3. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 333 12, about 40,000 km of road was awarded to different concessionaires, out of which about 25,000 Km of road network is yet to commence its execution due to various reasons. Besides NHDP programme, 15 states awarded about 173 State Highway projects amounting to 80,000 cr (in which UP’s Yamuna Expressway worth 30,000 is an important project) are in the process of execution are, too facing some hurdles[3]. Risk Factor in PPP:Risk is a threat or probability that an action or event will adversely or beneficially affect an organization’s ability to achieve its objectives. Also risk is ‘Uncertainty of Outcome’, either from pursuing a future positive opportunity, or an existing negative threat in trying to achieve a current objective. Various Risks in Road Infrastructure PPP projects: A. Pre-operative task risks  Delays in land acquisition:landis unavailable to be used within required time due to native’s claims on the land.  External linkages: adequate and timely connectivity to the project site is not available, which impact the commencement of construction and overall pace of project.  Financing risks:sufficient finance is not available at reasonable cost due to changes in market conditions or credit availability, resulting in delays in the financial closure.  Planning risks: Risks that the pre-development studies (technical, legal, financial and others) conducted were inadequate and not robust enough. B. Construction phase risks  Design risk: risk that the proposed design will be unable to meet the performance and service requirements resulting in additional costs for modification and redesign.  Construction risk: risk that the construction will not be completed on time, on budget or to specification leading to additional raw materials and labour costs, additional financing costs, increase in the cost of maintaining existing infrastructure.  Approvals risk: Risk of delays in approvals causing delay in construction as per the construction schedule. Such delays in obtaining approvals may lead to cost overruns. C. Operation phase risks  Operations and maintenance risk: Risks associated with need for increased maintenance of assets over project life-cycle to meet performance requirements.  Traffic risk: Risk that demand for a service varies from initial forecasted expectations, causing short- fall in the total revenue.  Payment risk: Risk that fees for services are not collected in full or are not set at a level that allows recovery of costs.  Financial risk: Risk that the concessionaire introduces too much financial stress on the project by using inappropriate financial structure leading to additional funding costs for increased margins or unexpected refinancing costs. D. Other risks  Change in law: Refers to risk that the current legal / regulatory regime will change, having an adverse impact on the project.  Force Majeure: These events are also called "Acts of God", to indicate that they are beyond the control of either contracted party.  Concessionaire risk: Risk that the concessionaire will prove to be inappropriate or unsuitable for delivery of the project, for example due to failure of their company.  Sponsor risk: Risk that the Sponsor will be an unsuitable partner for the project, for example due to poor project management or unable to fully recognise the agreed terms of the Concession Agreement[4].  Concessionaire/Government event of default: Risk that the concessionaire/government will not fulfil its contractual obligations and that the other party will be unable to – either enforce those obligations against the concessionaire, or unable to recover some form of compensation or remedy from the other party for any loss sustained by it as a result of the breach[5][6]. Success and failures encountered while executing the project activities at some of the PPPprojects and the learning drawn are tabulated in Table:2 below.
  • 4. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 334 Table.2: Learning’s from Success and Failures at Some PPP Infra Projects Stage of Projects Project Activities Examples of successful PPPs Examples of PPPs where problems were encountered Learnings Project Preparation Comprehensive due diligence Studies & Robust Traffic / Market Projections Timarpur Integrated solid waste management project: Detailed technical studies, financial & risk evaluation, obtaining regulatory & statutory approvals were done well in advance. Vadodara Halol Toll Road project:Incorrect estimation of projected traffic resulting in increased revenue Risk. Prior due diligence studies of technical & legal implications. Realistic Traffic estimates. Procurement Dealing with Speculative Bids Hyderabad Metro project:Commercial utilization of land along with metro project led to wide divergent bids. Greater incentive to complete real estate development at the cost of metro. Speculative bids should be avoided & terminated; Fresh bidding should be called for. Importance of Lead Consortium Member/ Promoter of Concessionaire Hyderabad Metro project: Maytas Metro was badly affected due to issues faced by its promoter– Satyam Computer Services. Project failed to achieve financial closure. Adequate due diligence of Experience & expertise of Lead consortium member or promoter. Development Handling of Land Acquisition Hyderabad Metro project: Government handover 90% of the land within 120 days from signing of the agreement. Delhi Gurgaon expressway project: difficulty in acquiring the land impacted the overall project schedule. Completing land acquisition prior to Project Procurement. Streamlining of Approvals & Clearances Alandur Sewerage Project: Key approvals, including road cutting, shifting of services & environmental clearances were taken in advance. A single interface for coordination of all approvals to prevent delays. Environmentally &Socially responsive development framework: Learning: Vadodara Halol Toll Road project: Intense public consultations were carried out. Bypasseswere introduced at various critical locations. PPPs have an environmentally and socially responsive development framework.
  • 5. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 335 Financing Innovations The Vadodara Halol Toll Road:Deep discount bonds with an option of take-out financing; Long term loans as a part of its financing structure. PPP projects to be financially independent; Minimize reliance on government grants or schemes. Operations Favourable Operating Environment Amritsar Inter-state Bus Terminal project:Reduction in concessionaire’s revenue risk. Create favourable operating environment for private sector to function optimally. Case Studies of PPP Projects wherein theconcessionaire is withdrawn:Among the awarded PPP highway projects,noteworthy mega projects where the concessionaire had withdrawn citing the problems of land acquisition and other reasons,areof GMR and GVK are of worth Rs. 10,700 crore. Similar projects of small size are many, wherein many projects are taken over by the concessionaire on premium. As many as 1646 cases related to NHAI projects are under litigation at different levels. As of March 31st 2011,funds amounting to the tune of Rs. 11206 cr are under dispute across various contracts involving NHAI. For better illustration case studies of three classical projects first one a port connectivity project, the second project passing through reserved forest and the otherone connectingtwo temple and heritage townsare discussed in the following paragraphs: Case Studies projects awarded but could not be initiated: Case Study-1: Chandhikole – Paradip NH 5A Proposal for 4 Lane to 6 Lane Conversion The 4-laneproject road currently operated on BoT has been called for bidding for its up gradation to 6L two times on DBFOT basis and both the times could not get sufficient bidders for awarding the workon premium. The project road is the main linkage for bulk solid/liquid truck traffic movements from Paradip port to different parts of Orissa. At Chandhikole, NH-200 and NH 5 forming a junction with NH 5A which further leads to Paradip port. Project road and competingAlternate Routes (AR) are shown in the fig-1. Fig.1: Chandhikole – Paradip NH 5A Road Map with Regional Linkages
  • 6. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 336 Salient Features of the Project:  Project Length: 76.618 Km (from 0.000 Km to 76.618 Km proposed chainages) – starts from Chandhikole and ends at Paradip of NH 5A.  Project Cost: 1014.36 Crores.  Project Description: Six laning from 0.000 Km to 76.618 Km.  Toll Plaza: 1 No’s (at 4.000 Km design chainage).  Bypasses: Nil.  Major Structures costing more than 50 Crores: 1 No’s (96.82 Crores Mahanadi Bridge at 66.175 Km). Reasons for failure:The project is recommended for DBFOT (Toll) with only premium for a concession period of 30 years. Current traffic is about 12500 PCU/day( Authors personal investigation ) and largely contributed by local trucks.As per the concessioners estimate and the project shall be qualified for 6-lane augmentation (above 40,000 PCU /day) in the year 2040. Observed Toll Collection at the Toll Plaza at the time of bidding was 7.12 lacs per day.Estimated Toll Revenues by Commercial Date of Operation (COD)would be 13.51 lacs/day. Main reasons for failure of the project is at the time of preparation of DPR due consideration is not given to new port connectivity railway line,, effect of other upcoming private BOT ports and decline in port export and import activity due to ban on mining. As per actual the project is not viable for 6L even on 40% VGF for a concession period of 30 years. Case Study-2: Angul - Sambalpur (NH 42) Proposal for conversion to 4-lane on DBFOT Pattern:FourLaning of Angul-Sambalpur Section of NH-42 starts at Km 112.000 of Angul To Km 265.000 at Sambalpur in the State Of Orissa (Fig-2). Major Goods traffic on the project road would mineral ore coal and iron finished products. The project is called for bidding on maximum 40% Viability Grant Fund(VGF) for a concession period of 30 years. The project is awarded to concessionaire at a VGF of about 28% in August 2011, but could not take off for execution. Salient Features of the Project:  Project Length: 153.00 Km (from 112.00 Km to 265.00 Km chainages) – starts from Angul and ends at Sambalpur of NH 42.  Project Cost: 1220.32 Crores.  Project Description: Rehabilitation and up-gradation to four laning standards.  Toll Plaza: 2 No’s (at 188 Km and 244.5 Km existing chainages).  Bypasses: 1 No’s (Sambalpur bypass – 3.9 Km).  Elephant Under passes : 5No.  Major Structures costing more than 50 Crores: Nil. Fig.2: Project Corridor Angul- Sambalpur NH-42 (Source: Google map) Reasons for Non Commencement of Execution:  80% of the project road is in forest land and still awaiting for the clearances from MoEF and other local bodies.  Fall in traffic due to ban on mining activity and could not achieve financial closure, as bankers are not ready to finance.  Project cost escalations Total Project Cost given in DPR is 1220.32 Cr where as concessionaires estimate at the time of bidding 888 cr.
  • 7. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 337  The project stretch is a Naxalite prone area affecting the base camp and construction operations. Case Study-3: Madurai- Ramanathapuram Section of NH-49 Prposal for Partial 4-laning and balance with 2- Lane with Paved Shoulders DBFOT (Toll):The Project stretch starts from Km 5+000 at Mthuraiand ends at Ramanathapuram beyond Km 120+1100(Fig- 3),cconnecting two temple towns Madurai Meenakshi and Rameswaram.Salient features are:  Project Length: 115.110 Km (from 5.000 Km to 120.110 Km proposed chainages) – starts from Madurai and ends at Ramanathapuram of NH 49.  Project Cost: 683 Crores.  Project Description: Four laning from 5.000 Km to 79.900 Km and Two laning from 79.900 Km to 120.110 Km.  Toll Plaza: 2 No’s (at 28.00 Km and 90.00 Km existing chainages).  Bypasses: 5 No’s (Silaiman bypass – 3.245 Km, Thirupuvanam bypass – 9.075 Km, Thirupacetty bypass – 2.00 Km, Paramakudi bypass – 9.480 Km and Ramanathapuram bypass – 11.810 Km).  Major Structures costing more than 50 Crores: Nil. Fig.3: Project Corridor Mathurai- Rameswaram NH-49 (Source: Google map) Reasons for Bid Failure:  Project road connects two famous Pilgrimage tourist places in India namely Madurai and Rameshwaram. But as the project road is approaching to a dead end after Ramanathapuram , chances for potential growth is limited.  Current traffic volumes on two stretches of project road are 11000 PCU/day and 7000 PCU/day. Most of the DFOT rural roads enjoy Toll revenue due to the presence of 2-Axle and 3-axle traffic but on the project their contribution is very poor. Also the few trucks operating on the corridor carrying building materials are local and their Toll contribution is very low.  As the project corridor is near to the sea coast significant portion of the land is under wastelands and future industrial growth is bleak.  Only few % of vehicles carrying through traffic carrying withsalt, Tiles, Paddy, Fish /coir / Cement are the major commodities.  Since the project corridor is having an alternative (NH-85/NH-226) road, once the project road is ready, traffic on the project road may be affected marginally to avoid the toll charges.  Due to the above reasons the estimated toll revenue by Commercial Date of Operation (COD) would be Rs. 9.53 lac/day does not qualify for bidding even on VGF. Risk Mitigating Measures: Shadow Tolls: Shadow tolls were implemented in the UK during 1990s. It is a payment structure where the road user does not pay any toll; instead the concessionaire collects revenue from the government in proportion to the number of vehicles using the road. While private operators have only the pricing tools to collect revenue, government additionally has the taxation tool as well which it can use to charge a higher road tax to its citizens. One way of doing this is imposing a cess on fuel.
  • 8. International Journal of Advanced Engineering, Management and Science (IJAEMS) [Vol-3, Issue-4, Apr- 2017] https://dx.doi.org/10.24001/ijaems.3.4.8 ISSN: 2454-1311 www.ijaems.com Page | 338 The shadow tolling system effectively, makes the road services free for the user. At the same time, the government need not bear the extra burden of paying the toll, because it collects the money through the cess on petrol or diesel. The proposed cess would be minimal (less than a rupee) as it will be spread over a huge base and hence the citizens would not feel the pinch of the increase. The highway road traffic would not be hampered by high toll prices, and thus be closer to their capacity utilization, ensuring maximum economic and social benefit. Conclusions &Remarks:In the present BOT scenario and also the prevailing social political environment is not conducive for running toll operations business is a tough situation to the concessionaire due to public resistance and political interventions for popular gains. Under this hostile environment, execution of stalled projects and commencement of new PPP projects under BOT model is uncertain. Regulatory Authorities (NHAI/State Governments) need to rethink and invent new strategies in PPP model for restoration of Infrastructure. Mechanism like shadow tolling have their respective pros and cons that need to be debated considering various policy constraints such as budget availability, willingness to pay tolls, value for money, transfer of risks to the private party, ease of implementation etc. Going forward, it is expected that Government would seriously explore such mechanisms on test case basis to address some of the main issues that exist on the Highways network. Other strategic options could be reducing the concession period and granting VGF, awarding projects at reduced concession period on VGF+ Annuity combination. Also Government should implement latest traffic management and monitoring technologies, where in the roads are Toll Freeand , traffic would be monitored and counted with state of technology and concessionaire would be appropriately compensated for the operated traffic. Such mechanisms would help Indian Government to achieve a Road User friendly environment and make driving on Indian highways a safer and a much better experience. REFERENCES [1] http://www.nbmcw.com/articles/roads/28481-public- private-partnership-ppp-in-road-infrastructure- projects.html [2] http://www.ifimbschool.com/management_review/need _to_look_at_innovative_PPP_mechanisms_and_frame work.html [3] http://www.ey.com/Publication/vwLUAssets Public- private partnerships and the global infrastructure challenge. Ernest & Young building a better world [4] http://www.trafficinfratech.com/assessing-risks-of-ppp- projects/ [5] http://www.mbaskool.com/business- articles/operations/867-how-to-improve-ppp-projects- in-india-a-learning-from-the-past.html [6] http://www.prepnut.com/prepare/read/70/PPP-in- infrastructure-development-%7C-For-better-or-for- worse/