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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