HC reserves order on petitioner’s challenge to mandatory FASTag usage
The Bombay high court reserved its order on a PIL challenging the mandatory use of FASTag at tolls and double fees for cash payments, citing accessibility concerns.
MUMBAI: The Bombay high court on Monday reserved its order on the Public Interest Litigation (PIL) challenging the mandatory use of FASTag at every toll plaza and the charging of double the amount for cash payment. Calling the move arbitrary, the petitioner urged the court to issue directions to the Centre and the National Highway Authority of India (NHAI) to implement the process gradually and keep one lane going for a cash payment option.
Petitioner Arjun Khanapure, a Pune resident, informed the court that the electronic payment system at toll plazas was introduced in 2008 and properly implemented in 2014 to modernise the traffic network and reduce congestion and the resultant pollution. Eventually, the government made electronic payment mandatory for every vehicle passing through the toll plazas. By 2021, the central government, with the assistance of NHAI, converted all the cash lanes to FASTag lanes, mandating a double fee policy for those without a FASTag.
Khanapure contended that individuals with no bank accounts and with minimal knowledge of digital payments faced a setback due to this policy. He challenged the policy in the high court through his advocate Uday Warunjikar, maintaining that the technology was still unknown to many people, especially from the rural areas.
“They have discontinued the use of lanes for cash payments,” he said. “Some people like me, who are from villages, require assistance. I am not against the technology or the validity of the method but its being made mandatory.”
Khanapure highlighted that in February 2021, he was charged double the toll since he paid in cash, which was against legal provisions. Arguing that the removal of cash counters and their replacement with FASTag payments on national and state highways had caused significant damage, he highlighted the challenges faced by citizens coming from less literate backgrounds. “The country is not ready for 100% digital payment implementation,” he concluded.
The state government and the Centre defended the policy, emphasising that the toll plazas had seen a considerable decrease in traffic and increase in the number of people using the electronic payment method. Highlighting that 97.25% of the vehicles had ported to the FASTag method, they pointed to the significant reduction in waiting time at toll plazas and the subsequent lessening of pollution.
Pointing out the smooth implementation of the digital transaction policy, the state government said that it had come out in 2014 and had been amended as required, and the period given to people to cope with the technological changes was enough. Supporting these contentions, the central government underlined that the online payment method had been streamlined, and people with no bank accounts could also use the FASTag method for payments.
The division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre acknowledged that digital payment had become the norm in the country and suggested that the use of this method at toll plazas could be a way to encourage discipline. “If you look at it the other way, it could be used as an incentive to encourage digital payments,” the bench added.
Highlighting India’s growing use of digital payments, the court pointed out that the system had become easily accessible to everyone. “Even fruit vendors use the digital payment method nowadays,” it said, adding that India had the most number of people making digital payments. Suggesting that having this method fully implemented could help lessen traffic congestion, the court reserved its order in the case.
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