Delhi HC seeks Centre, NHAI’s response to plea against collection of double toll tax from non-FASTag commuters

The public interest litigation plea filed by advocate Ravinder Tyagi challenged the National Highway Fees (Determination of Rates and Collection) Rules 2008 along with letters issued by the Ministry of Road Transport and Highways and a 2021 circular issued by NHAI “converting all toll lanes to 100 percent FASTag lanes”. The plea claims that as a consequence of this all commuters who do not have a functional FASTag are compelled to pay double the toll amount.

The plea claimed that there is no justification in law for charging toll tax at double the rate if it is paid in cash as its value remains the same even if paid through FASTag. The plea claims that “even today all FASTag lanes are collecting toll in cash, thus there is no rationale in collecting double the amount on the “premise of seamless travel”.

The services rendered by the NHAI and the Ministry to the commuters whether paid in cash or through FASTag, “are one and the same” and hence the said rules and orders are discriminatory and arbitrary, the plea alleged.

Apart from seeking quashing of the 2008 rules and subsequent orders, the plea seeks a direction to the Centre and NHAI to “stop the practice of collecting double the amount of toll fees if paid in cash, as it violates Article 14 and 19 of the Constitution”.