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NOIDA TOLL BRIDGE COMPANY LTD. v. FEDERATION OF NOIDA RESIDENTS WELFARE ASSOCIATION AND ORS

Supreme Court of India | Diary 36526/2016

Status

Judgment

Decided On

2024-12-20

Bench

HON'BLE MR. JUSTICE UJJAL BHUYAN, HON'BLE MR. JUSTICE SURYA KANT

Petitioner

NOIDA TOLL BRIDGE COMPANY LTD.

Respondent

FEDERATION OF NOIDA RESIDENTS WELFARE ASSOCIATION AND ORS

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Full Judgment Text

2024 INSC 1027

1 | P a g e

REPORTABLE

Revised*

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No. ____ / 2024

(Arising out of Special Leave Petition (C.) No. 33403 / 2016)

NOIDA Toll Bridge Company Ltd. ...Appellant(s)

Versus

Federation of NOIDA Residents Welfare Association and others …Respondent(s)

JUDGEMENT

SURYA KANT, J.

Leave granted.

2. The NOIDA Toll Bridge Company Limited (NTBCL) has preferred the

instant appeal questioning the judgement dated 26.10.2016 passed by

the High Court of Judicature at Allahabad (High Court). The issue before

the High Court concerned a challenge to the collection and levying of toll,

as legitimised by the provisions enumerated in the Agreement dated

12.11.1997 (Concession Agreement), executed between NTBCL, the

New Okhla Industrial Development Authority (NOIDA) and the

* Revised as per the order dated 24.07.2025 in Review Petition (Civil) No. 1066/2025

2 | P a g e

Infrastructure Leasing and Financial Services Limited (IL&FS). The

Concession Agreement conferred upon NTBCL the rights necessary for

the implementation of the Delhi NOIDA Bridge Project or the Delhi-

NOIDA Direct Flyway (DND Flyway/Project) and, in connection thereto,

the collection and levying of toll.

3. The High Court has vide the impugned judgement held Articles 13 and

14 of the Concession Agreement to be bad in law and direc...

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