NEW DELHI: In major relief for daily commuters on the Delhi-Noida-Direct (DND) flyway, the Supreme Court on Friday rejected a plea seeking a review of its earlier decision that allowed the stretch to remain toll-free.
A two-judge bench of the apex court, comprising Justice Surya Kant and Justice N Kotiswar Singh, dismissed the review petition filed by Noida Toll Bridge Company Ltd (NTBCL), the private firm operating the flyway. The petition challenged the court’s 20 December 2024 verdict that upheld the toll-free status of the flyway.
"We are dismissing the review plea. We did not find any merit in the plea," the bench said.
NTBCL, in its plea, had cited the Comptroller and Auditor General (CAG) report relied upon in the original ruling, claiming that the report included positive observations about the company that were not reflected in the judgment. It sought a reconsideration of the court's earlier decision on this ground.
In its December 2024 verdict, the Supreme Court had upheld a 2016 Allahabad High Court ruling that declared the DND flyway toll-free. The top court strongly criticised the Noida Authority and the Uttar Pradesh and Delhi governments, observing that the misuse of power and breach of public trust had "profoundly shocked its conscience".
The bench also slammed the Noida Authority for entering into an agreement that enabled continued toll collection despite the project costs already being recovered.
"No tax will be levied on the DND flyway for commuters. We dismiss the appeal of Noida Toll Bridge Corporation Limited (NTBCL) against the 2016 order of the Allahabad High Court," the Supreme Court had said in its 2024 ruling.
The court found that the Noida Authority had "overstepped its authority" by delegating its power to collect toll to NTBCL, adding that this had led to the "unjust enrichment of the company at the cost of the public".
NTBCL, the concessionaire for the 9.2-km-long flyway, had moved the apex court against the High Court’s 2016 verdict, which quashed the toll collection and struck down the concession agreement. The High Court ruling came after a PIL was filed by the Federation of Noida Resident Welfare Association (FONRWA).
While upholding the High Court's decision, the Supreme Court noted that the petitioner was a welfare body working for civic needs and held that procedural delays could not be strictly applied in public interest litigations.
"We have held that Noida overstepped its authority by delegating powers to NTBCL to collect or levy fees and was alien to the terms of the concession agreement. The CAG report has highlighted the growing nature of unfinished project costs. Here, it has resulted in undue burden on users and is violative of Article 14 of the Constitution," the court said in its 2024 judgment.
It also held that the general public had paid several hundred crores and had been defrauded by NTBCL. "There is no reason for the collection of user or toll fees to continue," the court said.
The court further declared the contract awarded to NTBCL as unjust, unfair and arbitrary. It termed the delegation of toll-levying powers to the private firm as illegal. On the issue of outdoor advertisement fees, the court clarified that it did not fall within the scope of its consideration.