In an appeal before the Supreme Court, Army personnel have sought exemption from paying toll tax on the Delhi-Noida-Delhi flyway.
The petitioners have challenged a Delhi High Court judgment that dismissed their plea stating the maintenance and collection of toll tax by a private company was justified, as the funding of the flyway was entirely private and no part of it came from tax revenues or government money.
Citing various provisions of the Indian Tolls (Army and Air Force) Act, 1901 petitioners told the Supreme Court that Army and Air Force personnel as well as their family members are exempted from paying toll that includes duties, dues, rates, fees and charges.
Appearing for the petitioners, Vikas Singh argued before a bench headed by Justice D K Jain that the HC had erred in concluding the collection was a private fee since it wasn’t under any “authority” of law.
Singh claimed if High Court’s decision was enforced then the collection by Noida Toll Bridge Company Limited would be illegal. “High Court’s judgment would disallow the collection even from private parties,” he told the bench.
On Singh’s submissions, the bench issued notice to the Noida authority and the company managing the flyway. Both the respondents have to file their reply within four weeks.
The petitioners have claimed exemption to officers, soldiers and airmen of regular forces and irregular corps from payment of any toll is without any limitation. It is irrespective of whether the personnel are on duty or not.a