Delhi-Gurgaon Super Connectivity Ltd (DGSCL),which operates the expressway between the capital and the NCR township,today moved a contempt plea before the Delhi High Court against NHAI,alleging that the authority was not revising the toll charges on the expressway.
Appearing for DGSCL before Justice S Muralidhar,senior advocate N K Kaul said despite the court’s stay order on the National Highways Authority of India’s (NHAI) letter,terminating the contract with the concessionaire DGSCL,NHAI has not taken a decision to revise the toll charges.
Kaul said the company had sent the proposal to revise the user fee for each category of vehicle for the next financial year but NHAI said it would not take any decision as the contract has been terminated with the private developer.
“The court earlier had stayed the termination order. It is their contractual obligation to revise charges periodically and every year it comes to effect from April 1,” he argued.
The senior lawyer also told the court that the construction company was ready to sort out its dispute with the NHAI through talks and had sent proposals to the roadways authority for the out-of-court settlement of the issue.
Justice Muralidhar deferred the plea to April 12 for further hearing.
Meanwhile,the NHAI in its reply,alleged the finance PSU Infrastructure Development Finance Company (IDFC) loaned public funds to DGSCL for private purpose “in the garb of refinancing” and added that IDFC has no locus in opposing NHAI’s decision to scrap the expressway deal.
“Both the company and the DGSCL have indulged in fraud of the concession agreement”,the reply said claiming that the suit filed by IDFC,seeking to be heard as a party in the dispute between NHAI and the developer,is a “collusive suit” as the loan was approved behind the back of NHAI.
The finance company,which had provided credit facility to the tune of Rs 1,597 crore to DGSCL for its 28km road project,has contended in its intervention application,that the NHAI violated the tripartite agreement with DGSCL and the government.
The IDFC has also sought a stay on the termination notice,stating that the termination of the contract to operate the toll plaza with DGSCL would cause a huge financial loss to it.
On December 7,2011,the NHAI,while ordering termination of its deal with the private firm,had also accused it of failure to improve services at the 32-lane toll plaza.
The DGSCL had approached the high court against the NHAI’s termination notice and the court had stayed the notice asking the NHAI not to take any coercive step against the private company.