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SC On DND Overbridge:- The Supreme Court has ruled to keep the Delhi-Noida-Direct (DND) flyway toll-free, providing relief to lakhs of daily commuters. The court dismissed a petition filed by Noida Toll Bridge Company Limited (NTBCL) against a 2016 Allahabad High Court order.
Supreme Court verdict
A bench of Justices Surya Kant and Ujjwal Bhuyan termed the toll collection contract between NTBCL and Noida Authority as unfair and arbitrary. The court said that the decision of the Noida Authority to hand over the right of toll collection to NTBCL is an example of unjust enrichment, as the company did not have prior experience in the field.
Impact on the public
The court said that the Noida Authority abused its powers by allowing NTBCL to collect toll, causing a huge financial burden to the public. The High Court order had stopped toll collection on the 9.2 km long, eight-lane flyway in 2016 itself.
The Allahabad High Court verdict came after a public interest litigation (PIL) filed by the Federation of Noida Residents Welfare Association in 2012. The petition challenged the collection of toll by NTBCL in the name of user fee. The High Court had clarified in its order that there was no statutory basis for toll collection by NTBCL and its promoters.
Legal conclusion
The Supreme Court also supported the High Court’s view that granting the right to collect toll to NTBCL under the concession agreement was a case of excessive transfer of power under the UP Industrial Development Act. The verdict underlines the need for due process and transparency in public infrastructure projects.
The verdict has ensured that there will be no future toll collection on the DND Flyway, making travel more accessible and affordable for commuters.
