Sanjiv Khanna, J.-The appellants, Colonel T. Prasad and Capt. S.S. Panday are serving Indian Army Officers and have by this intra Court appeal impugned judgment dated 6th March, 2007 passed by the learned Single Judge dismissing their writ petitions. The appellants rely upon Indian Tolls (Army and Air Force) Act, 1901 (hereinafter referred to as the 1901 Act, for short) and claim exemption from payment of toll tax and claim right to free access and utilization of Delhi-NOIDA Direct Flyway (hereinafter referred to as the DND Flyway, for short).

2. DND Flyway has been constructed by M/s. NOIDA Toll Bridge Company Limited pursuant to a concessionaire agreement dated 12th November/ 1997between Noida Toll Bridge Co. Ltd., respondent No.4 and New Okhla Industrial Development Authority (NOIDA), respondent No.3. The question and the issue involved in the present case relate to interpretation of both 1901 Act, Concessionaire Agreement and the New Okhla Industrial Development Area (Levy of Infrastructure Pee) Regulations, 1998 framed under Uttar Pradesh Industrial Area Development Act, 1976.

3. The relevant provisions of the 1901 Act, which require interpretation is as under:

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