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NOIDA Toll Bridge Company Ltd. v. Federation of NOIDA Residents Welfare Association & Ors.

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) (Diary No. 36526 of 2016))Decided 11 Nov 2016
Special Leave Petition (Civil) (Diary No. 36526 of 2016)
Chief Justice T.S. Thakur · Dr. Justice D.Y. Chandrachud · Justice L. Nageswara Rao

Background

This is an interim order, not a final judgment. In a public interest case, the Allahabad High Court had held the toll clause of the concession agreement for the Delhi-NOIDA (DND) Flyover arbitrary and directed that no further toll be charged. NOIDA Toll Bridge Company Ltd. challenged that judgment before the Supreme Court.

Decision Breakdown

This is an interim order, not a final judgment. The Court declined to stay the High Court's judgment and issued notice to the respondents. It requested the Comptroller and Auditor General of India to verify the company's disputed claim about recovery of project costs. The matter was to be heard again after four weeks, and the validity of the toll clause was not decided.

Lesson Learnt

There is no final ruling yet on the validity of the toll. The Court can refuse interim relief and still ask an independent statutory body to verify disputed financial claims before the final hearing.

Official source (sci.gov.in)View Judgment (PDF)

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