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The Supreme Court today granted eight weeks time to the Comptroller and Auditor General of India (CAG) for verifying the total cost of the Delhi-Noida Direct (DND) flyway project and the claim of Noida Toll Bridge Company Ltd that it has not recovered the expenses.
A Bench of Chief Justice JS Khehar and Justices NV Ramana and DY Chandrachud allowed the plea of the CAG seeking time to submit a report after verifying the claim of the company and listed the matter for final hearing after eight weeks. The apex court had on November 11, 2016 asked the CAG to assist in the matter and verify the company’s claim that the total cost of the project has not been recovered and submit a report within four weeks.
It had also directed the firm to place before the CAG the entire record pertaining to recovery of the total project cost for the DND flyover as per the agreement.
The court had passed the order while disagreeing with the company that its refusal to stay the Allahabad High Court’s verdict making DND flyway toll free for commuters would cause irreparable loss to the firm.
It had said that while the company can be compensated later if it succeeds in its appeal, it will be impossible to provide restitution to the lakhs of commuters from whom the toll fee would be collected to repay them on dismissal of the special leave petition (SLP).
While declining the firm’s plea to stay the high court’s October 26 last year judgment restraining it from levying the cess, the Bench had said, “We do not agree with the submission that the petitioner (firm) would suffer irreparable loss if the judgment of the high court is not stayed.”
Relief to commuters
The high court had brought cheers to millions of commuters by ruling that no toll will be collected henceforth from those using the 9.2 km-long, eight-lane DND flyway. The order was passed when the high court allowed a PIL by the Federation of Noida Residents’ Welfare Association.
The PIL, filed in 2012, had challenged the “levy and collection of toll in the name of user fee” by NTBCL.
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