In a significant decision, the Supreme Court has dismissed the review petition filed by Noida Toll Bridge Company Ltd. (NTBCL), which sought to overturn the Court’s previous ruling rejecting toll collection on the Delhi-Noida Direct (DND) flyway. The order was delivered by a bench of Justices Surya Kant and Ujjal Bhuyan.
The Court was hearing two separate review petitions — one from NTBCL and the other from its Director, Pradeep Puri. While some observations in the earlier judgment were modified in favor of Puri, the Court refused to entertain NTBCL’s plea and upheld the original verdict.
"You have already minted enough… what an accountant’s mind!" – Justice Surya Kant
NTBCL had argued that the Comptroller and Auditor General (CAG) report used in the original judgment ignored certain favorable observations for the company. Senior Advocate Dr Aman Hingorani, representing NTBCL, stressed the company’s ongoing obligation to maintain the project until 2031. However, the Court found these submissions without merit.
"General public has been forced to part with several hundreds of crores and even defrauded under the guide of providing public infrastructure." – Supreme Court judgment
The Court stood by its earlier position that the concession agreement between NOIDA and NTBCL allowed unjust enrichment at the cost of the public. It noted that the company had already recovered its project and maintenance costs, as well as earned significant profits. The flyway toll, therefore, was no longer justified.
In a separate but connected review, Advocate Piyush Joshi appeared for Pradeep Puri and argued that certain personal remarks made against Puri in the judgment were unsupported by the CAG report. He pointed out that Puri had resigned from civil service before the relevant period and was not a party to the case. The Court accepted this concern and agreed to modify some remarks.
"The CAG Report shockingly reveals that the Directors of NTBCL… apparently did not perform any responsibility, yet all their expenses… were added in the Total Project Cost." – Supreme Court judgment
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The Supreme Court had earlier agreed with the 2016 judgment of the Allahabad High Court, which struck down the concessionaire agreement with NTBCL. That judgment came in response to a Public Interest Litigation filed by the Federation of Noida Resident Welfare Association.
"NOIDA overstepped its authority by delegating the power to levy fee to NTBCL through the concession agreement." – Supreme Court
Citing Article 14 of the Constitution, the Court emphasized that no competitive bidding or tender process had taken place in awarding the agreement to NTBCL. It stated that the process lacked transparency and fairness, and violated constitutional principles.
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"When a state undertakes a project involving public funds and assets, its actions must remain free of arbitrariness and grounded in a just, transparent policy." – Supreme Court
The Court also confirmed that the PIL was valid despite involving a commercial contract, as the issue pertained to misuse of public money and affected public interest.
Appearance: Senior Advocate Dr Aman Hingorani alongwith Advocates Raunak Dhillon, Madhavi Khanna and Nihaad Diwan (for NTBCL); Advocates Piyush Joshi and Sumiti Yadava, AoR Sonakshi Malhan (for Pradeep Puri)
Case Title: PRADEEP PURI Versus NOIDA TOLL BRIDGE COMPANY LIMITED AND ORS., Diary No. 1373-2025 (and connected case)
