The
Bombay High Court, on March 13, dismissed a public interest litigation (PIL)
petition challenging the mandatory implementation of FASTag for all vehicles
passing through toll plazas on national highways. The petition, filed by Arjun
Raju Khanapure, sought to annul the circulars issued by the National Highways
Authority of India (NHAI), which enforced double toll fees for vehicles without
FASTags starting from February 15, 2021.
A
Division Bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre
observed that the decision to mandate FASTag usage falls within the realm of
policy-making and, therefore, does not warrant judicial intervention. The court
emphasized that policy decisions, unless found to be arbitrary or
unconstitutional, are best left to the discretion of the government
authorities.
"The
introduction of a FASTag is a policy decision aimed for providing efficient and
seamless road travel.......It is a trite position of law that a policy
decisions can be subjected to judicial review only if they are arbitrary or
violate the fundamental rights," the Court said.
The court also dismissed the petitioner’s
argument that a significant portion of the Indian public would struggle to use
FASTag due to illiteracy and the absence of bank accounts required for the
system. It emphasized that such concerns do not justify overturning the policy
decision.
"At present, there is rarely any
person in this country, especially in cities like Mumbai, Pune, who do not use
a mobile phone, and when the mobiles are used, the users are also acquainted
with the procedure of its recharge. Though it is not expected that the person
should be thoroughly techno-savvy for use of FASTag as it is a simple
procedure, which could also be worked offline, in the backdrop of the avowed
object with which the FASTag is introduced, we do not see any reason why we
should interfere in the policy decision,” the Court said
FASTag is a digital toll payment system
that involves affixing an electronic tag on the windscreen of a vehicle, which
is then linked to the vehicle owner's savings account. This system allows for
seamless toll payments, as the linked account can be recharged online, enabling
vehicles to pass through toll plazas without the need for cash transactions.
The FASTag is automatically detected at the toll booth, and the corresponding
toll amount is deducted from the vehicle owner’s account.
The public interest litigation (PIL) filed
before the Bombay High Court specifically challenged the circulars issued by
the National Highways Authority of India (NHAI) on February 12 and 14, 2021.
These circulars mandated that vehicles without FASTags must pay double the toll
fee when using lanes designated for FASTag users.
Petitioner Arjun Raju Khanapure contended
that converting previously available cash lanes into exclusive FASTag lanes was
both illegal and arbitrary. He argued that this change caused undue hardship to
commuters, particularly those who were not well-versed in digital payment
systems or modern technology.
Additionally, Khanapure raised concerns
that individuals who are illiterate or do not possess bank accounts would be
disproportionately affected by the policy. He claimed that this could result in
a violation of their fundamental rights under Article 19(1)(d) of the
Constitution, which guarantees the freedom to move freely throughout the
country.
During the hearing, the petitioner’s
counsel, Advocate Uday Warunjikar, argued that the implementation of FASTag was
flawed due to inadequate technological infrastructure. He further contended
that imposing double toll charges on non-FASTag users functioned as an
arbitrary penalty rather than a legitimate policy measure.
On the other hand, Senior Advocate RV
Govilkar, representing the Central government, defended the policy by
emphasizing that the introduction of FASTag had been planned since 2014. He
pointed out that FASTags are widely available and provide users with multiple
convenient payment options, including recharging via UPI and prepaid wallets.
Furthermore, Advocate General Birendra
Saraf, appearing for NHAI, stated that the move was part of a larger strategy
aimed at enhancing toll collection efficiency and reducing traffic congestion
at toll plazas.
In its ruling, the Bombay High Court upheld
the government’s stance, underscoring that the decision to mandate FASTag was a
policy matter designed to streamline operations and improve overall efficiency
in toll collection.
“It is a misconception of the petitioner
that the amount collected from the vehicle, which is not fitted with FASTag, is
by way of penalty” the court clarified.
The Court clarified that the imposition of
double toll fees was not intended as a penalty but rather as a charge for
vehicles using FASTag lanes without the required electronic tag. Additionally,
the Court highlighted that the primary objective of the policy was to promote
the adoption of FASTag, minimize fuel consumption, and improve traffic flow at
toll plazas. Consequently, it concluded that the decision to limit cash
transactions at toll booths was both reasonable and aligned with the broader
public interest.
“Once the policy of use of FASTag on the
National Highways has been rolled out, which was meticulously planned by the
Respondent No.1 (Union of India) and implemented phase-wise by the Respondent
No.2(NHAI), it is expected to cover each and every individual/vehicle, which
intend to use the Highway or part of Highway and has to be a part of the scheme
or else, he will have to be left stranded on the road or else face the
provision which subjects him to double rate of fee, which he would have
otherwise required to pay,” the order said.
In view of the above, the Court found no
reason to interfere with the policy and dismissed the same.
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