Bombay High Court Upholds FASTag Decision
The Bombay High Court on March 13 dismissed a public interest litigation (PIL) petition challenging the mandatory use of FASTag for all vehicles crossing National Highway toll plazas. The PIL argued that circulars issued by the National Highways Authority of India (NHAI), which imposed double toll fees on vehicles without FASTags from February 15, 2021, were unreasonable and discriminatory. However, the bench, led by the Chief Justice and another Justice, upheld the government’s policy decision, stating that such matters are within the domain of policy-making and should not be interfered with by the judiciary unless they are arbitrary or violate fundamental rights.
The petition raised concerns over the feasibility of the FASTag system, particularly in rural areas where access to the necessary technology or banking facilities might be limited. The petitioners suggested that the mandatory implementation of FASTag could exclude a large portion of the population, including those who may lack digital literacy or bank accounts required for the system’s operation. The court, however, dismissed these concerns, asserting that the introduction of FASTag was a policy initiative aimed at enhancing efficiency and ensuring smoother travel across the country’s road networks. The bench emphasised that policy decisions can only be questioned if they are arbitrary or infringe upon constitutional rights. Highlighting India’s increasing technological landscape, the court noted that mobile phones, now widely used for digital transactions, enable people to easily recharge FASTags, which can also be used offline.
The court further underscored the broader objectives of the FASTag system, which include reducing congestion at toll plazas, promoting efficient traffic management, and supporting the reduction of carbon emissions—important goals for sustainable infrastructure. The ruling aligns with the government’s vision for seamless, automated toll collection, which aims to reduce travel time, improve fuel efficiency, and foster eco-friendly transportation systems.
