In a significant relief for thousands of daily commuters, the Supreme Court on Friday refused to review its December 2024 verdict that upheld making the Delhi-Noida-Direct (DND) flyway toll-free. A bench comprising Justices Surya Kant and N Kotiswar Singh dismissed a review petition filed by the Noida Toll Bridge Company Ltd (NTBCL), the private entity operating the DND flyway. The firm had sought reconsideration of the court’s decision, arguing that the Comptroller and Auditor General’s (CAG) report—relied upon by the court—contained positive remarks about the company that were not reflected in the final verdict.
However, the bench remained unmoved. "You have minted a lot of money," the justices observed, signalling that the company had already reaped substantial profits from the project.
The court did offer a minor concession in a related matter involving senior NTBCL official Pradeep Puri. His counsel argued that the CAG report did not include personal allegations against him, despite a paragraph in the Supreme Court’s previous verdict that suggested otherwise. The bench agreed to revisit and reproduce the CAG’s findings to clarify the matter.
On December 20, 2024, the apex court upheld the 2016 Allahabad High Court ruling directing the cessation of toll collection on the DND flyway. In a strongly worded judgment, the court condemned the conduct of the NOIDA Authority, as well as the Uttar Pradesh and Delhi governments, for what it described as a "blatant misuse of power" and a "breach of public trust."
"The NTBCL has recovered the project costs and substantial profits, eliminating any justification for the continued imposition or collection of user fees or tolls," the court said in its earlier judgment.
The court emphasised that NOIDA had overstepped its authority by permitting NTBCL to collect tolls under a concession agreement, stating such delegation exceeded the statutory limits of the authority’s power.
Quoting from the CAG report, the court highlighted that NTBCL earned Rs 892.51 crore in toll income between 2001 and 2016, repaid all its debts with interest, and paid dividends of over Rs 243 crore to shareholders by March 31, 2016.
"The project costs, maintenance expenses, and a significant profit on the initial investment have all been recovered. There is no rationale for the continued collection of tolls," the court noted.
The Supreme Court reiterated the principle that no private entity or individual should profit unduly from public infrastructure at the expense of the common citizen.
(PTI inputs)