New Delhi: The Supreme Court on Friday (May 9) refused to review its decision upholding the Allahabad High Court verdict holding that the commuters using the Delhi Noida Direct (DND) flyway will not be required to pay toll to cross the flyway.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh dismissed the plea seeking review of the top court’s December 20, 2024 verdict on a plea of Noida Toll Bridge Company Ltd (NTBCL), which was running the DND flyway.
The counsel representing the private firm NTBCL, while referring to the CAG report relied upon by the top court, said that the report had some some positive remarks on the company but the order did not reflect it.
The bench told the NTBCL counsel that it had “minted a lot of money”.
NOIDA authorities overstepped its authority by delegating powers to NTBCL to collect fees, apex court said
A bench headed by Justice Surya Kant on December 20 last year dismissed the appeal filed by the NTBCL, saying the NOIDA authorities overstepped its authority by delegating powers to the company to collect or levy fees and it was alien to terms of concession agreement.
The top court said NOIDA overstepped its authority by delegating its power to levy toll on the NTBCL and contract awarded to NTBCL was unjust, unfair and arbitrary and delegating power to NTBCL to levy fee was illegal.
Language of agreement is such that it is perpetually in effect and thus forever enriching NTBCL at NOIDA’s cost, apex court said
The top court further said that CAG report highlighted growing nature of unfinished project costs and it has resulted here in undue burden on users.
“Language of concession agreement is such that it is perpetually in effect and thus forever enriching NTBCL at the cost of NOIDA. Thus, we hold that general public has parted with several 100s of crores of rupees and have been defrauded by NTBCL,” the top court said.
There is no rhyme or reason for the collection of user fees/tolls to continue, apex court said
The top court, while referring to the CAG report stating that the annual toll income of NTBCL during 2001-2016 was Rs 892.51 crore, said no person or entity could be allowed to make an undue and unjust profit from public property at the cost of the public at large,.
“NTBCL has been making profits for the last 11 years; has no accumulated losses as of March 31, 2016; has paid dividends of Rupees 243.07 crores till March 31, 2016 to its shareholders; and repaid all its debt with interest. NTBCL had thus, by March 31, 2016, recovered the project costs, the maintenance costs, and a significant profit on its initial investment. There is no rhyme or reason for the collection of user fees/tolls to continue,” the top court said.
