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DND flyway to remain toll free, SC refuses to stay Allahabad HC order

In a big relief for commuters, the Supreme Court on Friday refused to stay Allahabad High Court's order making 9.2-km, eight-lane Delhi-Noida Direct (DND) flyway toll free.

The top court has asked the Comptroller Auditor General to verify the cost of DND flyway project and submit a report before it within four weeks.

The court had on October 28 declined to stay the Allahabad High Court's order making the Delhi-Noida flyway toll-free. The high Court had on October 27 ruled that no toll tax would be collected from those using the DND flyway.

The PIL, filed by the Federation of Noida Residents' Welfare Association in 2012, had challenged "levy and collection of toll in the name of user fee by Noida Toll Bridge Company".

In a verdict running into 100 pages, the court had said, "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."

The court also pointed out 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 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)".