The Bombay High Court recently dismissed a Public Interest Litigation (PIL) challenging the mandatory implementation of FASTag for toll payments on national highways. The petitioner, Pune-based businessman Arjun Khanapure, contested the enforcement of FASTag, arguing that it posed challenges for individuals unfamiliar with the technology and sought the provision of separate cash payment lanes at toll plazas.
FASTag is a prepaid, rechargeable tag affixed to a vehicle's windscreen, enabling automatic toll payments as vehicles pass through toll plazas. This system aims to facilitate seamless traffic movement, reduce congestion, and enhance transparency in toll collection. The Indian government has progressively implemented FASTag to modernize toll operations and improve the efficiency of vehicular movement on highways.
In his petition, Khanapure challenged the government's circulars that mandated double toll fees for vehicles without FASTag, labeling this as a penalty. He argued that the mandatory implementation of FASTag was illegal due to inadequate technological infrastructure and that many commuters were either unfamiliar or uncomfortable with the technology. He also contended that imposing double fees on non-FASTag vehicles was arbitrary and sought the establishment of separate cash payment lanes alongside FASTag lanes at all toll plazas.
The High Court, however, upheld the government's policy, emphasizing that the introduction of FASTag is a strategic decision aimed at providing efficient and seamless road travel. The bench, comprising Chief Justice Alok Aradhe and Justice Bharati H Dangre, noted that the system, introduced in 2014, had been made mandatory only after giving the public sufficient time to adapt to the change. The court found it difficult to accept the argument that the public in India was not well-equipped to handle FASTag, especially considering the widespread use of mobile phones and the familiarity with recharging procedures.
The court further clarified that the additional fee imposed on non-FASTag vehicles is not a penalty but a fee equivalent to two times the applicable amount for the said category of vehicle, as provided under the National Highways Fee (Determination of Rates and Collection) Rules, 2008. This measure aims to encourage the adoption of FASTag and ensure smoother traffic flow at toll plazas. The court dismissed the petitioner's contention that the mandate of using FASTag violates the fundamental rights of citizens, stating that the apprehension that vehicles without FASTag would not be allowed to cross toll plazas was an erroneous assumption.
The Union government, in its affidavit, supported the mandatory implementation of FASTag, asserting that it does not breach a citizen's fundamental right to freedom of movement. The affidavit highlighted that the mandate was introduced to ensure seamless traffic movement and reduce travel time, with all decisions taken in accordance with the Central Motor Vehicles Rules. The government also pointed out that incentives, including cashback offers, were provided to encourage the adoption of FASTag between 2016 and 2020. Furthermore, provisions have been made at toll plazas to fit vehicles with FASTag on the spot, and vehicles without FASTag are permitted to ply on highways but are required to pay twice the toll amount.
The High Court's decision reinforces the government's policy to modernize toll collection systems and promote the use of technology to enhance the efficiency of transportation infrastructure. By dismissing the PIL, the court has underscored the importance of adopting technological advancements like FASTag to improve the overall commuting experience, reduce congestion at toll plazas, and ensure a more transparent toll collection process. This move aligns with the broader objective of integrating digital solutions into public infrastructure to facilitate ease of movement and better resource management on national highways.
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