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Supreme Court of India 2024-12-20 dismissed

NOIDA Toll Bridge Company Ltd vs Federation of NOIDA Residents Welfare Association and others

Bench: 2 — Surya Kant, Ujjal Bhuyan

In Brief

The Supreme Court dismissed NOIDA Toll Bridge Company's appeal against a High Court judgment that stopped toll collection on the Delhi-NOIDA Direct Flyway. The Court held that a welfare association properly filed a public interest petition challenging the toll despite delay, as the cause of action was continuing. NOIDA unlawfully delegated the power to levy fees to the private concessionaire; the statutes permitted only collection. The formula for calculating project cost—which allowed indefinite escalation through annual shortfalls and unrestricted expenses—was unreasonable and violated public policy. A CAG audit confirmed the developer had recovered costs and substantial profits, making continued toll collection unjustified. The Court affirmed the High Court's direction to cease toll collection.

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Public Interest Litigation Infrastructure Public-Private Partnership Toll Collection Contract Law Administrative Law Judicial Review Article 14 of the Constitution Delegation of Powers Public Policy

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