The DND Flyway will remain toll free for now as the Supreme Court on Monday refused to grant any relief to the project concessionaire seeking the restoration of toll collection.
The Supreme Court granted eight weeks time to the Comptroller and Auditor General of India (CAG) for verifying the total cost of the Delhi-Noida Direct (DND) flyway project and the claim of the Noida Toll Bridge Company Ltd that it has not recovered the expenses.
A Bench of Chief Justice J. S. Khehar and Justices N. V. Ramana and D. Y. Chandrachud allowed the plea of CAG seeking time to submit a report after verifying the claim of the company and listed the matter for final hearing after eight weeks.
Recovery of costs
The Apex court had on November 11, 2016 asked the CAG to assist in the matter and verify the company’s claim that the total cost of the project has not been recovered and submit a report within four weeks.
It had also directed the firm to place before the CAG the entire record pertaining to recovery of the total project cost for the DND flyover as per the agreement.
The court had passed the order while disagreeing with the company that its refusal to stay the Allahabad High Court’s verdict making DND flyway toll free for commuters would cause irreparable loss to the firm.
It had said that while the company can be compensated later if it succeeds in its appeal, it will be impossible to provide restitution to the lakhs of commuters from whom the toll fee would be collected to repay them on dismissal of the special leave petition (SLP).
While declining the firm’s plea to stay the High Court’s October 26, 2016 judgement restraining it from levying the cess, the Bench had said: “We do not agree with the submission that the petitioner (firm) would suffer irreparable loss if the judgement of the High Court is not stayed”.
Good news for commuters
The High Court had brought cheers to millions of commuters by ruling that no toll will be collected henceforth from those using the 9.2 km-long, eight-lane DND flyway. The order was passed when the High Court allowed a PIL by the Federation of Noida Residents’ Welfare Association.
The PIL, filed in 2012, had challenged the “levy and collection of toll in the name of user fee” by NTBCL.
The firm had challenged the high court verdict saying it did not take into account all aspects and submitted that factors like interest on construction cost, depreciation and maintenance expenses, which come to around ₹12.5 lakh per day, have not been duly considered.
To this, the apex court had said prima facie the issue that arose in the appeal required a detailed scrutiny as conflicting claims have been made regarding recovery of the total cost of the project by the concessionaire. — PTI
