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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE THE CHIEF JUSTICEHON'BLE SMT. JUSTICE BHARATI DANGRE, ALOK ARADHE, CJ., BHARATI DANGRE
Arjun Raju Khanapure – Appellant
Versus
Union of India, Ministry of Road Transport & Highways, New Delhi – Respondent
JUDGMENT :
Bharati Dangre, J.
1. Co-founder of Microsoft and Computer Programmer, Bill Gates has remarked:
“The advance of technology is based on making it fit in, so that you don’t really even notice it, so it’s part of everyday life.”
We are confronted with a somehow similar situation in this Public Interest Litigation.
2. The present Public Interest Litigation (“PIL”) raised a challenge to the Circulars dated 12/02/2021 and 14/02/2021 issued by the National Highways Authority of India, under the directions of Union of India, whereby commuters without FASTag are mandatorily required to pay double the toll fees instead of the actual toll fees, by way of penalty from 15/02/2021. It is the contention raised that conversion of cash lanes into FASTag-exclusive lanes is illegal, arbitrary and violative of due process of law. The Petition, therefore, seek quashing of these circulars and seeks a directive to keep at least one lane as a hybrid lane to allow cash payments or any other modes to the commuters to pay the toll fees.
3. We have heard learned counsel Dr.Uday Warunjikar for the Petitioner, Mr.R.V.Govilkar, senior counsel with Mr.D.P.Singh for the Union of India and Dr.Birendra Saraf, t
Policy decisions regarding toll collection via FASTag are subject to limited judicial review and must not be arbitrary or violate fundamental rights.
The court upheld the legality of mandatory FASTag usage and the imposition of double toll fees for non-compliance, affirming that such policy decisions are valid unless proven arbitrary or violating ....
The absence of FASTag systems at toll plazas absolves the toll collector from penalties for non-collection of tolls, and compensation for losses due to Force Majeure events must be determined by the ....
Writ court cannot decide disputed facts without pleadings and evidence; limited to affidavits submitted.
Tolls must reflect the quality of infrastructure; charging during poor conditions violates fair service principles.
The court held that toll adjustments based on vehicle classification mismatches are lawful under existing statutory and contractual frameworks, necessitating re-examination of vehicle definitions in ....
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