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DND Flyway: Can sealed cover report be made public, SC asks CAG

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Press Trust of India New Delhi

The CAG today told the Supreme Court that it had no objection in making public its report on the Noida Toll Bridge Company's claim that the total cost of the Delhi-Noida Direct (DND) flyway project has not been recovered.

The report is currently in a sealed cover.

"Is there any objection in making the report public," a bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta asked the counsel for the Comptroller and Auditor General (CAG).

The lawyer said they had no objection if the report was made public.

"You file an affidavit saying so," the bench said and posted the matter for hearing next week.

 

The top court was hearing the Noida Toll Bridge Company Ltd's (NTBCL) challenge to Allahabad High Court's October 26, 2016 order which had said that no toll would be collected henceforth from the commuters using the 9.2 km-long eight-lane flyway.

During the hearing, the NTBCL counsel referred to the top court's order of April 3 this year and contended that court had observed that the CAG's report should be kept in a sealed cover.

"You (NTBCL) are not giving full information to the CAG," the bench observed, adding "You have not given all the information which the CAG wants. What is to be done?"

The counsel said they have provided all information to the CAG in the matter and if more details were needed, the company would provide it.

The Allahabad high court's order had allowed a plea by the Federation of Noida Residents Welfare Association challenging the "levy and collection of toll in the name of user fee" by the NTBCL.

The firm had challenged the high court's verdict in the top court, saying it had not taken into account all aspects and factors such as interest on construction cost, depreciation and maintenance expenses, which came to around Rs 12.5 lakh per day.

The apex court had in November last year asked the CAG to assist in the matter and verify the company's claim that the total cost of the project has not been recovered.

The counsel for NTBCL had earlier told the apex court that following the high court's order, the company was not getting anything but its obligation to maintain the flyway stood.

On November 11, 2016, the apex court had said that the flyway would remain toll- free for commuters while disagreeing with the contention of NTBCL that its refusal to stay the high court verdict would cause irreparable loss to the firm.

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First Published: Aug 21 2018 | 6:10 PM IST

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