DND toll row: SC notice to firm on plea of Noida authority against arbitral proceedings

New Delhi: The Supreme Court on Tuesday issued a notice to private firm Noida Toll Bridge Company Ltd (NTBCL) on a plea filed by Noida authority challenging the ongoing arbitral proceedings between them on collection of toll on the DND flyway connecting Delhi and Noida.

The Noida authority has filed an interim application in a pending appeal filed by NTBCL, which was running the DND flyway, in the apex court against the Allahabad High Court's order.

The high court had asked NTBCL to stop collecting toll from commuters plying on the DND flyway.

The Noida authority has said the apex court was seized of the NTBCL appeal and in the meanwhile, simultaneous arbitration proceedings were being conducted which should be stayed.

The apex court is hearing the appeal of NTBCL and the arbitration is also going on, senior advocate Ranjit Kumar, appearing for Noida authority, said, adding that there cannot be simultaneous proceedings and moreover, "nothing is due on the Noida authority".

"Issue notice. Reply to the I A (interim application), if any, may be filed within a week. Rejoinder to the reply, if any, may be filed within next one week thereafter. List the matter after two weeks," a bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna said.

The apex court had refused to stay the high court's order and had also directed the CAG to conduct the audit to ascertain the claim of NTBCL that it needed to continue

collecting the toll to recover the dues.

Prior to this, the court had agreed to hear the appeal of NTBCL challenging Allahabad High Court's order asking it to stop collecting toll from commuters plying on the DND flyway.

The high court, in October 2016, had ruled that there will be no toll collected henceforth from those using the 9.2 km-long, eight-lane Delhi-Noida Direct flyway. The order was passed as the high court allowed a PIL by the Federation of Noida Residents' Welfare Association.