SC to hear appeal against order stopping toll tax on DND flyway today

The Supreme Court will hear on Friday an appeal filed against the Allahabad high court order that stopped collection of toll tax collection on the 9.2km-DND flyway.

The Supreme Court will hear on Friday an appeal filed against the Allahabad high court order that stopped collection of toll tax collection on the 9.2km-DND flyway.

The DND toll plaza was made toll free after the Allahabad high court order, in New Delhi. (Mohd Zakir/HT Photo)

The Noida Toll Bridge Company Limited (NTBCL) mentioned its petition on Thursday before a bench, headed by Justice AR Dave, that agreed to list the matter for an early hearing on Friday.

NTBCL operates the toll bridge and has asked the SC to put the high court order on hold.

The Allahabad HC had on Wednesday ordered the private concessionaire to stop collecting user-fee from commuters, saying they were being illegally taxed.

The eight-lane flyway that connects Noida to South Delhi opened in Ferbuary 2001. The toll was Rs 8 after the flyway opened, but it was gradually hiked to Rs 28 per trip.

About 1.5 lakh vehicles use the DND flyway on a weekday.

The HC order came on a public interest petition (PIL) filed in 2012 by the Federation of Noida Residents Welfare Associations (NRWA), which claimed that the company had already accumulated sufficient profits for undertaking construction of the flyway on a “Build Own Operate Transfer” but continued to charge Rs 28 per trip from commuters that was illegal.

The HC had faulted the Noida Development Authority for delegating the power to a private company to collect the toll fee.

“This case is a glaring example of misuse of power by a public authority in first, entering into the agreement, and then framing regulations to bring the clauses of agreement with a private person (company) in line with the legislation so as to give it a statutory backing,” the HC had said.