Mumbai: The Bombay high court upheld the mandatory use of FASTag, a prepaid tag fitted on vehicles for electronic payment at toll plazas, and the payment of double fees for its non-use.
“The introduction of a FASTag is a policy decision aimed at providing efficient and seamless road travel. The system of FASTag, introduced in 2014, is here to stay,” said Chief Justice Alok Aradhe and Justice Bharati Dangre on Thursday. They found “no justiciability” to interfere with the Centre’s policy decision being implemented by the National Highways Authority of India.
They dismissed Pune-based Arjun Khanapure’s PIL which challenged NHAI‘s Feb 2021 circulars that vehicles without FASTag are required to pay double toll fees as penalty. He urged keeping at least one lane as hybrid to allow cash payment.
Khanapure’s advocate, Uday Warunjikar, argued FASTag implementation has failed due to lack of proper infrastructure, causing hardship to commuters. He said there might be people who are not yet used to technology, and taking double toll fees from them is arbitrary, illegal and would adversely impact their fundamental right to move freely.
The judges said FASTags are made mandatory only after giving sufficient time to the public to adopt the change. Also, it is a “misconception” that the amount collected from a vehicle not fitted with FASTag is a penalty. National Highways Fees Rules provide that such vehicles entering a FASTag lane shall pay twice the fee.
While rejecting the argument that mandatory use of FASTag violates citizens’ fundamental rights, the judges said the apprehension that a vehicle not fitted with FASTag will not be allowed to cross the toll plaza is an “erroneous assumption.” They noted FASTag has been made user-friendly with many options for instant recharging. “It is difficult to fathom that the public in India is not well-equipped to handle the FASTag… At present, there is rarely any person in this country, especially in cities like Mumbai and Pune, who does not use a mobile phone… It is not expected the person should be thoroughly techno-savvy for use of FASTag as it is a simple procedure, which could also be worked offline,” they added. They further said there is a rationale in the decision to restrict use of cash, and it is not arbitrary or violative of Khanapure’s fundamental right.