Delhi-Noida DND Flyway To Remain Toll-Free, Rules SC; Chides Noida Authority For THIS Reason

Delhi-Noida DND Flyway Toll:  The Supreme Court on Friday ruled that the Delhi-Noida-Direct (DND) flyway will remain toll-free while dismissing a petition by a private firm that challenged the 2016 decision of the Allahabad High Court order that directed the firm to stop collecting tolls from the daily commuters. The ruling from the apex court is seen as a major relief for the thousands of commuters.

The court stated that the contract given to Noida Toll Brigade Company Limited (NTBCL) for the flyway was "unjust, unfair, and arbitrary". The top court agreed to the high court's observation that the private firm had already recovered the returns, interest, and costs incurred on the construction of the flyway.

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"There is no reason for the collection of the user or toll fee to continue. We hold that the agreement (for toll collection) is invalid," a bench of Justices Surya Kant and Ujjal Bhuyan stated. The court criticised the Noida Authority for allowing an agreement that enabled the toll collection. "There was no competitive bidding, and NTBCL's selection violated Article 14 of the Constitution," the court observed.

The court stated that the toll collection was unjustifiable and pointed out that the agreement's language ensured the tax collection. The court also stated that the public got defrauded by NTBCL. "The public has parted with hundreds of crores and been defrauded by NTBCL," the bench said.

The court also questioned the Noida authority by mentioning that the authority exceeded its power by delegating the authority to collect toll fees in spite of not being part of the concession agreement. The court also referred to a Comptroller and Auditor General (CAG) report that highlighted the growing costs of the unfinished project. The report emphasised that the growing costs place an undue burden on the users.

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The Allahabad High Court in its order directed that no toll would be collected from the commuters using the flyway. The court added that the company had already collected enough toll in ten years since its inauguration in 2001.