No Irreparable loss if the judgment of the HC is not stayed; DND Flyover will continue Toll Free: SC [Read Order]

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A three judge bench of Supreme Court of India led by Chief Justice T S Thakur today refused to stay the Allahabad High Court Judgment restraining Noida Toll Bridge Company Ltd from levying Toll Tax.

There would be no irreparable loss if the judgment of the High Court is not stayed, said the bench.

The three Judge bench comprising of Chief Justice T S Thakur, Justice D Y Chandrachud and Justice L Nageshwar Rao has directed Comptroller and Auditor General (CAG) to examine the relevant records of the DND flyway. The CAG directed to verify the claim of the Petitioner that the Total Cost of the Project has not been recovered and submit a report within four weeks.

“The CAG shall be at liberty to call for and examine all such records having a bearing on the financial aspects, as it requires to facilitate its decision. This will include matters and information pertaining to all the benefits which have flowed to the Petitioner under the entirety of the agreement, including the utilisation, if any. The Petitioner shall co-operate in all respects with the CAG and provide all documents, information and details as sought”, the bench said.

While refusing to stay the Allahabad High Court Judgment, the bench observed that, “It will be impossible to provide restitution to the lakhs of commuters from whom the fee would be collected to repay them in the event of dismissal of the SLP. On the other hand, if the Petitioner succeeds, it can be compensated suitably by extension of time. The balance of convenience is also against the Petitioner. Therefore, we are not inclined to grant the interim relief as prayed for”.

Read the full text of the order below.

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