Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri Ranjit Saxena, learned counsel assisted by Sri Deepak Saxena, learned Advocate for the petitioners, Sri P.H. Parikh and Sri Ajay Bhanot learned Senior Advocates assisted by Sri Shashank Shekhar Mishra learned counsel for respondent No. 1 namely Noida Toll Bridge Company, Sri C.B. Yadav learned Senior Advocate assisted by Sri Shivam Yadav learned counsel for the respondent No. 2 namely the NOIDA, Sri Piyush Joshi learned counsel for the Infrastructure Leasing and Financial Services Limited (IL&FS), respondent No. 9 and Sri C.B Yadav, learned Additional Advocate General has also appeared on behalf of the State and is assisted by Sri Shashank Shekhar Singh, learned Additional Chief Standing Counsel.

2. This is a public interest litigation challenging the levy and collection of toll in the name of User fee by NOIDA Toll Bridge Company from the Commuters for using the Eight-lane DND Flyway having stretch of 9.2 km. from NOIDA to Delhi.

3. The petitioner Federation Of NOIDA Residents Welfare Association is a society duly registered under the Societies Registration Act, 1860. The aims and objects of the society are to look after the welfare of the denizens of NOIDA, by espousing their cause before the authorities and to ensure that they are provided required Civic amenities and other developments in and around NOIDA.

4. New Okhla Industrial Development Authority (hereinafter referred to as “NOIDA”) has been established under the U.P. Industrial Area Development Act, 1976 for planned development of the area within the territorial limits of NOIDA including roads and bridges etc. for the commuters.

5. ‘NOIDA’ in furtherance of its obligation to provide road communication facilities to the denizens made an arrangement with a private company namely NOIDA Toll Bridge Company Limited (hereinafter referred as “NOIDA Toll Company” or the “Concessionaire”) for construction of bridge (DND flyway) under Build-Own-Operate-Transfer (“BOOT”) model. The NOIDA Toll Company is stated to be promoted by another Company known as Infrastructure Leasing & Financial Services Limited (in short referred as “IL&FS”).

6. Initially it was charging toll @ Rs. 8/- per entry of car which was later on hiked to Rs. 22/- and then to Rs. 25/- per car w.e.f. 9.2.2012. Similarly two wheelers are charged Rs. 12/- per vehicle.

7. The members of petitioner’s Association who are using DND Flyway being aggrieved by the demand of the User fee made inquiry and it then transpired that the NOIDA Authority had authorised the private Company to impose and realise User fee under a Concession Agreement with the said Company known as NOIDA Toll Bridge Company. Under the said agreement, NOIDA Toll Company has been given power to increase the toll charges from time to time. Hence this Public Interest Litigation.

8. The parties have been heard at length, material on record has been examined, in detail. The facts on record of the present Public Interest Litigation (PIL) are :

9. A Memorandum of Understanding (MOU) for Yamuna Bridge Project was arrived at on April 7' 1992 between New Okhla Industrial Development Authority (herein after referred to as ‘NOIDA’), Delhi Administration (DA) and Infrastructure Leasing & Financial Services Limited (hereinafter referred to as ‘IL&FS’) a public financial company to establish an additional toll-way bridge with necessary facilities in the upstream of Okhla wayer for easier and fuel efficient movement of NOIDA area population to the southern part of Delhi and vice-versa. It was agreed that up-gradation of the existing corridor by providing additional lanes shall be an integral part of the Yamuna Bridge Project.

10. The IL&FS was to be the promoter and developer of the Project. The function of IL&FS was to mobilize financial resources both from Domestic Capital Market as well as International Financ