On December 23, a public interest litigation challenging the rules and executive orders allowing the National Highway Authority of India (NHAI) to compulsorily collect toll tax at a double rate for commuters without FASTag was served on the division bench of the Delhi High Court, which is comprised of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.

The NHAI and the Central Government were asked to respond by the Ministry of Road Transport and Highways.

The case, which was brought by attorney Ravinder Tyagi, challenges the second proviso to Rule 6(3) of the National Highway Fees (Determination of Rates and Collection) Amendment Rules, 2020, as well as other government regulations that force commuters without a FASTag to pay double toll tax.

The argument asserts that the contested Rule violates Articles 14 and 21 of the Indian Constitution and that there is no legal basis for imposing toll taxes at double the rate if paid in cash because their worth is the same whether they are paid with a FASTag or cash.

"….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.

"…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.