The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) filed by advocate Vijay Pratap Singh, which contested the validity of certain provisions of the National Highways Act, 1956, and the mandatory use of FASTag lanes at toll plazas.

On June 3, 2024, Singh traveled from Allahabad to Varanasi via NH-19 in a vehicle without a FASTag. Upon crossing the Fee Plaza at Handia, Allahabad, both on his outbound and return trips, he was charged a toll fee of Rs. 230 plus a penalty for the lack of FASTag.

Singh's PIL argued that this amounted to double taxation since road tax had already been paid under the U.P. Motor Vehicle Taxation Act, 1997. He also claimed that designating all lanes as FASTag lanes was arbitrary and suggested that toll fees should be based on vehicle value rather than type.

The bench, comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar, found the petition lacking merit. The court clarified that toll fees are imposed under Section 8(A) of the National Highways Act, which authorizes the central government to levy fees for highway maintenance and development.

The FASTag policy aims to encourage digital payments and alleviate congestion at toll plazas. The court rejected the double taxation argument, stating that road tax and toll fees are governed by separate legislations with distinct purposes. Additionally, the suggestion to base toll fees on vehicle value was deemed inconsistent with current regulations.

Concluding that the petition did not serve public interest and was merely a result of the petitioner’s choice not to install a FASTag, the court dismissed the case. Advocate Arun Mishra represented the petitioner, while Additional Solicitor General of India (A.S.G.I.) and Advocate Pranjal Mehrotra defended the NHAI's stance.

Case Title: Vijay Pratap Singh v. Union of India and Another