SC refuses to stay Allahabad HC order declaring DND flyway toll free

The Allahabad HC on Wednesday declared the DND Flyway toll free.

By: Express Web Desk | New Delhi | Updated: October 28, 2016 3:44 pm
DND, DND flyway, DND toll free, DND Toll plaza, Delhi Noida flyway, Supreme Court, DND High Court, Allahabad High Court The DND toll booth on Wednesday night. Most employees at the toll booths were caught by surprise. (Express Photo: Gajendra Yadav)

In a relief to commuters, the Supreme Court on Friday refused to stay Allahabad High Court’s order that declared DND flyway toll free on Wednesday. The apex court also indicated that it’ll appoint an auditor or ask Comptroller and Auditor General (CAG) to audit NTBCL accounts. The court will now pass the order after Court’s Diwali vacation after November 6. Earlier on Wednesday, the Allahabad HC bench of Justice Arun Tandon and Justice Sunita Agrawal heard a PIL filed by the Federation of Noida Resident Welfare Association in 2012, challenging the levy and collection of toll in the name of user fee by the company. The court observed that further collection of toll was illegal and directed the state government to ensure that it was not levied any further.

The company had argued that it had not been able to recover the total cost of project and returns, which includes a provision that the company will recover 20 per cent of total project cost per year from user fee. The High Court had, however, observed that since the amount of operation and maintenance costs were “ever increasing”, the method of calculation of the total project cost was “arbitrary and opposed to public policy”. The High Court had also struck down the relevant section of the agreement by which the company was calculating its costs and amount recoverable from user fee.

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  1. I
    Indiran
    Oct 28, 2016 at 1:50 pm
    Wonder how the Supremely Corrupt(SC) takes up these booooosheeeeet cases so fast while there are civil cases pending since 1947?lt;br/gt;lt;br/gt;Are the Highly CORRUPTS(HC) and Supremely CORRUPTS(SC) only for dealing with their SUPER SUPREME CORRUPT BISSES IN THE Parliament?
    Reply
  2. M
    Mohammad Bin Tughlaq
    Oct 28, 2016 at 10:54 am
    Government has not wherewithal to build such costly infrastructure. If it back track after it has been done, it will affect future projects like this. Private parties will not venture to invest in risky ones.
    Reply
  3. K
    Kaliyug
    Oct 28, 2016 at 2:54 pm
    The company running the toll freeway had a golden goose that was providing money without any proper accounting, all the owners of the toll plaza were doing is fancy accounting, now the courts have found the fraud and stopped it on its tracks.
    Reply
  4. G
    Gopal
    Oct 28, 2016 at 1:52 pm
    Once more the courts are playing to the gallery. It is judgments like this, going beyond the law, that will make it impossible to develop infrastructure. India's housing industry never developed because our legal system made eviction impossible and the banks have gone insolvent because it is legally impossible to recover loans. By constant overreach, the courts have destro the legal system, as case load mounts, corruption and incompetence festers, judges are far more interested in confronting the parliament than in administering justice.
    Reply
  5. H
    harun
    Oct 28, 2016 at 10:15 am
    All this is because the way the Project cost estimate is rigged and Toll fee is increased citing rising cost of maintaining it.lt;br/gt;lt;br/gt;Such a order is expected.lt;br/gt;lt;br/gt;There is no transparency in which Project costs are made out and these will never change
    Reply
  6. R
    raj
    Oct 28, 2016 at 12:27 pm
    One crux is private guys minting money, like poor infrastructure or not to std , no body knows about the cost of project , many facilities missing like rest rooms, ambulance, emergency medicines etc , starting a toll ok,but where is std , many places pit s and no proper signs, no byp or diversion from local road ,then what is toll? Indian type toll
    Reply
  7. R
    Ramesh Chhabra
    Oct 28, 2016 at 4:21 pm
    PIL was filed in 2012. It was stated that DND levied 408 cr extra from the actual collection. It should also be recovered from DND the amount after filing of PIL to the date of judgment. Second it is surprising matter that Government's Nodal agency takes no action against Toll collection agency. If the Nodal agency had taken necessary action, PIL would had not filed.
    Reply
  8. S
    Shyamal Ganguly
    Oct 28, 2016 at 11:03 pm
    Are the Judges intelligent people? I seriously doubt it. They are probably as educated as Rahul Pappu or Sonia Gaddhi. LOL. They are always playing for the gallery.
    Reply
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