Bombay HC Rejects PIL on Double Toll for Non-FASTag Vehicles

The Hon’ble Bombay High Court recently in the case Arjun Raju Khanapure v. Union of India & Ors. (Public Interest Litigation No. 75 of 2021) dated March 13, 2025, dismissed a Public Interest Litigation (PIL) challenging the National Highways Authority of India’s (NHAI) circulars mandating double toll fees for vehicles that are not equipped with FASTag. The Hon’ble High Court upheld the legality of the circulars and emphasised its necessity for efficient toll collection.

The case revolved around whether the mandatory imposition of double toll fees on non-FASTag vehicles, vide circulars dated February 12, 2021, and February 14, 2021, 14.02.21, released by the NHAI, was a penalty or a fee and whether it violated citizens’ rights under Article 19(1)(d) of the Indian Constitution, 1950.

The court emphasized that the introduction of FASTag was a policy decision aimed at streamlining toll collection and improving traffic efficiency. The policy was designed to reduce congestion at toll plazas, decrease fuel consumption, and encourage digital transactions. The court clarified that the double toll fee imposed on non-FASTag vehicles was not a penalty but a fee, as outlined under Rule 6(3) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008. This charge was implemented to encourage digital adoption and not to penalise the non-users. Additionally, the court rejected the argument that individuals, particularly those less familiar with technology, would encounter difficulties in using FASTag due to its digital nature. It emphasized that FASTags were made widely available for purchase and activation at toll plazas, ensuring accessibility for all drivers.

In regard to the argument that the policy violated fundamental rights, the court stated that there was no restriction on movement under Article 19(1)(d) of the Indian Constitution, 1950, as non-FASTag vehicles were still permitted to pass through toll booths after paying the prescribed fee. The imposition of double toll fees was deemed a reasonable measure to incentivize digital adoption and was not arbitrary or unconstitutional.

This judgment reinforces the government’s push toward a digitized toll collection system, ensuring a more seamless and efficient highway travel experience for commuters. FASTag remains the primary mode of toll payment, promoting faster transactions and reducing delays on national highways.