SC dismisses NTBCL plea; scraps toll collection on DND flyway

The apex court said if a governmental action disproportionately favours a private entity at the expense of public welfare, it is liable to be struck down as invalid.
Delhi-Noida-Direct flyway
Delhi-Noida-Direct flyway(Photo | Express)
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NEW DELHI: In a major relief to commuters on the Delhi-Noida-Direct (DND) flyway, the Supreme Court on Friday rejected the appeal of Noida Toll Bridge Company Ltd (NTBCL) against an order of the Allahabad High Court, which scrapped user fee collection for it.

The SC slammed Noida's authority for allowing an agreement to perpetually fleece the commuters.

Observing that NTBCL has recovered the project costs and substantial profits, eliminating any justification for the continued imposition of tolls, a two-judge bench comprising Justices Surya Kant and Ujjal Bhuyan said, “No tax will be levied on the DND flyway for commuters. We dismiss the appeal of NTBCL against the Allahabad High Court order.”

The top court said if a governmental action disproportionately favours a private entity at the expense of public welfare, it is liable to be struck down as invalid.

NTBCL had approached the SC against an Allahabad High Court order quashing user fee collection from vehicles on the 9.2- km DND flyway. The HC had in its 2016 order passed after hearing a PIL filed by the Federation of Noida Resident Welfare Association, also struck down the concessionaire agreement.

The bench also said that Noida “overstepped its authority” by delegating its power to levy toll to NTBCL.

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