The Noida Toll Bridge Company Ltd. (NTBCL) today sought a copy of a report filed by the Comptroller and Auditor General (CAG) in the Supreme Court on the toll collected from the Delhi-Noida Direct (DND) flyway.
The apex court asked the CAG to give the report to the company to enable it to approach the court.
A bench of Chief Justice J S Khehar and Justice D Y Chandrachud gave liberty to the company to mention the matter on receiving the CAG report.
He said that the apex court by its November, 2016 order had asked the CAG to assist in the matter and verify the company's claim that the total cost of the project had not been recovered and submit a report.
"We have information that the report has been filed by CAG. Our request is that a copy of the report should be given to us, so that we can make appropriate response," Rohatgi said.
Counsel appearing for the CAG said that the report had been filed in sealed cover to the court.
"We see no reason to keep the report in sealed cover. You (CAG) give the report to them," the court said.
On November 11, 2016, the apex court had said that the flyway would remain toll free for commuters, while disagreeing with the company that its refusal to stay the Allahabad High Court's verdict would cause the firm irreparable loss.
The apex court had said while the company could be compensated later if it succeeded in its appeal, it would 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).
It had asked the CAG to submit its report in four weeks and had directed the firm to place before the CAG the entire record pertaining to recovery of the total project cost of the DND flyover project as per the agreement.
It had declined to stay the high court's October 26, 2016 judgement restraining it from levying the cess.
The high court had on October 26, brought cheers to millions of commuters by ruling that no toll would be collected henceforth from those using the 9.2 km-long, eight- lane flyway. The order was passed as 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.
The firm had challenged the high court verdict saying it did not take into account all aspects and submitting that factors like interest on construction cost, depreciation and maintenance expenses, which come to around Rs 12.5 lakh per day, have not been duly considered.
To this, the apex court had said prima facie the issue that arose in the appeal required a detailed scrutiny as conflicting claims have been made regarding recovery of the total cost of the project by the concessionaire.
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