Making FASTag mandatory won’t breach right to freedom of motion: Centre
The Union authorities has knowledgeable the Bombay High Court that making FASTag mandatory for all autos plying on nationwide highways doesn’t breach a citizen’s basic right to freedom of motion in any manner.
The Centre made the submission in an affidavit filed within the High Court final week in response to a public curiosity litigation difficult its resolution to make FASTag, the digital toll assortment chip, mandatory for all autos at toll plazas on nationwide highways.
The plea filed by one Arjun Khanapure, additionally challenged the federal government’s norm of imposing fines on autos flouting the FASTag guidelines.
The Centre, nevertheless, submitted that FASTag had been made obligatory on nationwide highways to guarantee seamless visitors motion, minimize journey time quick, and that each one selections had been taken in accordance with the Central Motor Vehicles (CMV) Rules.
“The mandate of using FASTag does not violate a citizen’s fundamental right to freedom of movement,” the Centre’s affidavit acknowledged.
The petitioner had mentioned that as autos with out FASTag are prevented from plying on nationwide highways, making the chip obligatory breached a citizen’s basic right to freedom of motion.
However, the Union authorities mentioned that as per its notification dated February 14 this 12 months, provisions had been made in any respect toll plazas alongside nationwide highways to match the chip in autos that didn’t have FASTag.
In circumstances the place it was not attainable to match autos with FASTag on the spot for any cause, the car was permitted to nonetheless ply on highways, on excessive left of the FASTag lanes.
However, such autos have been required to pay twice the toll quantity.
Traffic marshalls had additionally been deployed alongside nationwide highways to information car motion and forestall visitors jams or inconvenience to different commuters as a result of of such autos, the federal government mentioned.
In its affidavit filed within the High Court on April 6, the Union authorities urged the courtroom to dismiss the PIL.
It mentioned that permitting prayers made within the plea would trigger “irreparable loss” to the National Highways Authority of India.
The authorities additional mentioned that it didn’t make FASTag mandatory in a single day and had given incentives, together with a ten to 25 per cent cashback to customers from 2016 to 2020.
The authorities mentioned it had amended the CMV Rules in 2017 to make FASTag mandatory for all autos offered after December 1, 2017.
In November 2020, it additional amended the CMV guidelines to make FASTag obligatory for all autos on toll plazas alongside all nationwide highways starting January 1, 2021.
The authorities additionally mentioned that the double person charges or penalties imposed on autos with out FASTag on nationwide highways have been in accordance with the National Highway Fee (willpower of charges and assortment) Rules, 2008.
It additionally contended that not like what was claimed within the PIL, Aadhar and linking financial institution accounts weren’t mandatory for acquiring FASTag.
The Centre additional mentioned the RBI has introduced the enhancement of nationwide digital toll assortment and can enable simple fee choices, together with UPIs.
Currently, 119 state toll plazas even have FASTag and the Centre has provisions of monetary help for state governments to assist make all highways appropriate for FASTag autos, it mentioned in its affidavit.
A bench of Chief Justice Dipankar Datta and Justice G S Kulkarni will hear the matter additional later this month.
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