Though the Punjab and Haryana High Court order on toll-free passage will cause a loss of Rs 9 crore to the Delhi-Gurgaon expressway operator, the firm is still in two minds about moving the Supreme Court against the ruling.
Taking exception to the failure of the firm to decongest the 32-lane toll plaza near Ambience Mall, the court had on Tuesday restrained Delhi Gurgaon Super Connectivity Limited (DGSCL) from collecting any toll for a fortnight.
However, DGSCL is still mulling over moving the Supreme Court as the high court also gave the operator relief by stating that the firm’s toll collection agreement will be extended by the number of days it is restrained from collecting the tax. But the relief applies only in case DGSCL wins the case.
As per the concessionaire agreement signed between the National Highway Authority of India (NHAI) and DGSCL, the latter was allowed to charge toll for a period of 20 years.
So if DGSCL happens to win the case, it will be allowed to collect toll for 15 days extra even after its term ends.
DGSCL director ND Mehra said the company was in talks with the NHAI on the issue of moving the apex court.
“We are yet to decide on the issue and would take a little more time to decide on it. We are in regular talks with NHAI officials on the matter,” he said.
“However, the court order clearly offers a relief for us in terms of extending the concessionaire period for the time period during which the toll is not charged after the disposal of the ongoing court case to compensate the revenue loss,” he added.
DGSCL (formerly known as Jaypee DSC Ventures Limited), was awarded the Rs 1,240-crore project on a built operate and transfer (BOT) system. The stretch was thrown open to public in January 2008.
The court order covered the five-lane toll plaza leading to Terminal 3 of IGI Airport and the 16-lane toll gate at Kherki Daula, 18 km after the Delhi-Gurgaon toll plaza, as well.
The next hearing is on September 20