Delhi High Court Asks NHAI, Centre To Respond To PIL Against Collection Of Double Toll Tax From Commuters Without FASTag

The Delhi High Court on Friday issued notice on a public interest litigation challenging the Rules and government orders empowering National Highway Authority of India (NHAI) to compulsorily collect toll tax at double rate for commuters without FASTag.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response of NHAI and Central Government through Ministry of Road Transport and Highways.

Moved by a lawyer Ravinder Tyagi, the plea challenges second proviso to Rule 6(3) of National Highway Fees (Determination of Rates and Collection) Amendment Rules, 2020 and other government orders as a consequence of which the commuters without a FASTag are compulsorily bound to pay double toll tax.

Submitting tha the impugned Rule is violative of Article 14 and 21 of Constitution of India, the plea states that there does not exist a justification in law for charging toll tax at double rate if paid in cash, as its value remains the same even if paid through FASTag.

"….even today all the FASTag lanes are collecting Toll in cash and therefore there does not exists any rationale in collecting double the amount on the premise of seamless travel," the plea states.

Apart from challenging the Rule, the PIL seeks direction on NHAI and Central Government to stop the practice of collecting double the amount of toll tax if paid in cash, adding that the same is violative of Article 14 and 19.

"…the net consequence of converting all the Toll lanes into FASTag lanes and National Highway Fees (Determination of Rates and Collection) amendment Rules 2020 is that a commuter, without having functional FASTag is "COMPELLED" to pay the Toll at double the rate. Authorities, ought to have, kept at least 50%, 25% of the Toll Gates are Cash / FASTag and balance as FASTag only. It is submitted that by this methodology the issue of seamless travel would have been addressed, without creating the present situation," the plea adds.

Title: Ravinder Tyagi v. NHAI & Anr.