Bombay High Court Upholds Mandatory FASTag, Dismisses PIL Challenging Double Toll Fees

The Bombay High Court has upheld the mandatory use of FASTag at toll plazas on national highways, emphasizing its role in promoting efficient travel, reducing congestion, and curbing pollution. The court dismissed a Public Interest Litigation (PIL) that challenged the imposition of double toll fees for vehicles without FASTag, stating that the policy is neither arbitrary nor a violation of fundamental rights.

The PIL, filed by Arjun Khanapure, argued that converting all cash lanes into FASTag-exclusive lanes was illegal and sought the retention of at least one hybrid lane for cash payments. The petitioner’s counsel, Uday Warunjikar, contended that the FASTag system lacked adequate infrastructure, causing inconvenience to commuters, especially those unfamiliar with digital transactions. He also claimed that the mandatory use of FASTag and the double fee for non-users violated citizens’ right to free movement under Article 19(1)(d) of the Constitution.

However, a bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre rejected these arguments. The court noted that FASTag was introduced in 2014 and implemented gradually to ensure a smooth transition. It highlighted the system’s benefits, including seamless travel, reduced congestion, and lower fuel consumption and pollution. The judges also pointed out that multiple avenues, such as mobile apps, banks, petrol pumps, and e-commerce platforms, are available for commuters to obtain and recharge FASTags.

State Advocate General Birendra Saraf, representing the National Highways Authority of India (NHAI), defended the policy, stating that it was a well-considered decision to promote digital transactions and streamline toll collection. He clarified that the double fee for non-FASTag users is not a penalty but a legitimate charge under the National Highways Fee Rules, 2008.

The court emphasized that policy decisions should not be interfered with unless they are arbitrary or violate fundamental rights. It observed that the widespread use of mobile phones, even in smaller cities, makes it unreasonable to assume that the public cannot adapt to FASTag. “The introduction of FASTag is a policy decision aimed at providing efficient and seamless road travel. The system, implemented in phases since 2014, is here to stay,” the bench stated.

The ruling reaffirms the government’s push for digital transformation in toll collection, ensuring smoother and more eco-friendly travel on national highways.