The DND Flyway will remain toll free, for now, as the Supreme Court today refused to stay Allahabad HC order making the 10.2 km long road toll-free.
A bench of Chief Justice TS Thakur, Justice DY Chandrachud and Justice L Nageswara Rao indicated the court may appoint an independent auditor to ascertain whether the company has recovered its cost plus 20 per cent returns.
Yesteryday, Noida Toll Bridge Company Limited had moved SC challenging Allahabad High Court's order asking it to stop collecting toll from commuters plying on the DND Flyway connecting Delhi and Noida.
The High Court had earlier this week brought cheers to millions of commuters in the NCR region ruling that there will be no toll collected henceforth from those using the eight-lane Flyway.
The order was passed as the High Court allowed a PIL by the Federation of Noida Residents' Welfare Association.
The PIL, which was filed in 2012, had challenged the "levy and collection of toll in the name of user fee by Noida Toll Bridge Company".
In an over 100-page judgement, the HC had 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."
It had noted that "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 March 31, 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)".
