Justice Vikramjit Sen asked the respondents to file their replies to the petition by November 4, the next date of hearing.
Counsel Rekha Palli appearing for petitioner Colonel T Prasad submitted that the levying of toll tax on Armed Forces personnel was illegal and was in violation of the provisions of the Indian Tolls (Army and Air Force) Act of 1901.
Ms Palli argued that the DND Flyway was constructed and operated by Noida Toll Bridge ltd on public land.
The DND Flyway was constructed over the Yamuna river connecting Delhi with NOIDA in Uttar Pradesh on build-operate-lease-transfer (BOLT) basis with a private company.
The defence personnels were entitled to cross over the bridge from Delhi to NOIDA and vice versa without paying the toll tax, said the petition.
The applicants had submitted a representation to the Joint Secretary of Ministry of Defence in this regard on June 2, 2004, but no action was taken, said the petition.
UNI PAT AD HT1935