SC rejects plea to review Allahabad HC decision that ended toll collection on DND flyway
A bench of Justices Surya Kant and N Kotiswar Singh dismissed NTBCL's plea seeking review of its December 20, 2024 judgment. The company sought a relook at the decision, stating that the report of the CAG – which was relied upon by the court – had some positive remarks, too, about it, but the order did not reflect the same.
The origin of the flyway dates back to April 1992, when Noida and the Delhi administration entered into an MoU with IL&FS, intending to construct the bridge. The concession agreement was executed on November 12, 1997.
The HC's October 26, 2016, ruling came on a plea filed by the Federation of Noida Residents' Welfare Association, which had moved the HC nearly 15 years after the execution of the concession agreement. It sought a direction to discontinue toll charges from those who used the DND flyway, saying NTBCL had already recovered the project costs.
The NTBCL had then approached the SC. On December 20, 2024, the SC had dismissed the appeal, saying, 'NTBCL has recovered the project costs and substantial profits, eliminating any justification for the continued imposition or collection of user fees or tolls.'
It added that there was no infirmity in the HC judgment and that it found no reason to interfere with it.
The SC also said that the contract awarded to NTBCL through the concession agreement by state authorities and New Okhla Industrial Development Authority (NOIDA) was 'unfair, unjust and inconsistent with Constitutional norms'.
It added that NOIDA 'exceeded its authority by delegating the power to levy fees or impose tolls to NTBCL, rendering such delegation invalid'.
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