'this policy is here to stay' bombay hc rejects plea challenging nhai's implementation of fastag

'this policy is here to stay' bombay hc rejects plea challenging nhai's implementation of fastag

The Bombay High Court has upheld the mandatory use of FASTag, the electronic toll collection system, and the imposition of double toll fees for vehicles without it.

The court dismissed a public interest litigation (PIL) filed by Pune resident Arjun Khanapure, challenging the National Highways Authority of India's (NHAI) directive, which mandates that vehicles without FASTags pay twice the regular toll fees.

Chief Justice Alok Aradhe and Justice Bharati Dangre, in their ruling on Thursday, emphasized that the implementation of FASTag is a well-considered policy decision aimed at ensuring efficient and smooth road travel.

‘The system of FASTag, introduced in 2014, is here to stay,’ the judges remarked, stating that there was no legal basis to intervene in the Centre's policy, which is being carried out by NHAI.

Khanapure had filed the PIL after NHAI's circular in February 2021, which made it mandatory for all vehicles to use FASTag to pass through toll plazas. He had urged the court to keep at least one toll lane for hybrid payment options, such as cash.

His advocate, Uday Warunjikar, argued that the implementation of FASTag has been flawed due to inadequate infrastructure, which he claimed was causing inconvenience to commuters. Warunjikar further contended that penalizing vehicles without FASTags was arbitrary, illegal, and infringed upon individuals' fundamental right to free movement.

In their response, the judges noted that sufficient time had been provided to the public to adapt to the FASTag system before it became mandatory. They also clarified that the additional charges for vehicles without FASTags are not penalties, as some have assumed, but rather double the standard toll fee as per the National Highways Fees Rules for such vehicles entering FASTag lanes.

The bench rejected the claim that the mandatory FASTag use violated fundamental rights.

‘The apprehension that a vehicle not fitted with FASTag will be denied entry at toll plazas is an erroneous assumption,’ the court stated.

The judges pointed out that FASTags have been designed to be user-friendly, with various options for instant recharging. They also emphasized that the system is not complex and does not require extensive technological knowledge.

‘It is difficult to fathom that the public in India is not well-equipped to handle FASTag...especially in cities like Mumbai and Pune, where mobile phone use is ubiquitous,’ the judges added.

Additionally, the court found no issue with restricting cash payments at toll plazas, stating that the decision was not arbitrary or a violation of Khanapure’s rights.

The ruling reinforces the government’s stance on transitioning to a cashless tolling system, further solidifying the FASTag’s role in modernizing India’s toll collection process.