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Supreme Court of India 2016-11-11 dismissed

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

Bench: 3 — L. Nageswara Rao

In Brief

The NOIDA Toll Bridge Company sought to stay a High Court order stopping toll collection on the DND Flyover between New Delhi and NOIDA. Under a 1997 Build-Operate-Transfer concession agreement, the concessionaire claimed it had not yet recovered its project costs through toll levies and sought to continue collection. The Supreme Court declined interim relief, finding that conflicting claims about cost recovery required independent verification by the Comptroller and Auditor General before deciding the substantive issues. Maintaining toll suspension was fairer because restituting lakhs of commuters would be impossible if the concessionaire ultimately lost.

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Constitutional Law Public Interest Litigation Administrative Law Infrastructure Projects Build-Operate-Transfer (BOT) Concession Agreements Toll Collection

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