HC upholds mandatory use of FASTag, double fee for non-use

Charging a penalty for non-use is in accordance with the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

The Bombay High Court has dismissed a PIL against imposing double toll fees for non-FASTag vehicles.

The PIL had challenged the NHAI’s decision to charge double toll fees as a penalty for not having a FASTag. The petition stated that the conversion of cash lanes into FASTag-only lanes was illegal, arbitrary, and violative of due process of law.

In response, the court observed that the diversion of the vehicle to the left lane, where it was permitted to pay the toll fee in cash, but double the standard fee, was in accordance with the National Highways Fee (Determination of Rates and Collection) Rules, 2008.

The court dismissed the PIL, stating that it was imperative for the vehicles without FASTags to pay double the fee to encourage the use of FASTags. The court further said that the introduction of FASTag was a policy decision aimed at providing seamless road travel. The system was introduced in 2014 and was implemented gradually throughout the country. FASTag was made mandatory only after giving sufficient time to the public to adapt to the new system.

Source: SCConline