Soon after Allahabad high Court ruled that there will be no toll collected from commuters using the 9.2 km long eight lane Delhi-Noida Direct (DND) flyway, the Noida Toll has now moved the Supreme Court against the ruling for which it will hear the case at 2pm today. On Wednesday, a division bench comprising Justices Arun Tandon and Sunita Agarwal passed the order, hours after which, hundreds of vehicles zoomed past the toll gates without paying any money.
In an over 100-page judgement, the court held, “The user fee which is being levied/realised is not supported by the legal provisions relied upon by the Concessionaire (Noida Toll Bridge Company), Infrastructure Leaning and Financial Services (promoter and developer of the project) and the Noida Authority.”
Significantly, the court also added, “the Concessionaire, according to their own financial statements, has recovered Rs 810.18 crore (approx) from toll income from the date of commencement of the project till 31.03.2014 and after deduction of operation and maintenance expenses and corporate income tax, the surplus was Rs 578.80 crore (computed before interest, depreciation, and lease rental received by the Concessionaire)”.
“They have further realised user fee/toll two-and-a-half years thereafter between 01.04.2014 and 30.09.2016 which, as per the collection of user fee in the year 2013-14 would work out to an additional sum of Rs 300 crore (approx).