The Kerala High Court urged the Central Government to consider whether a penalty could be imposed on those who use the Fastag lane with either no Fastag or insufficient balance. It was also suggested that an amendment must be made in Section 201 of the Motor Vehicles Act, 1998 which may provide for a penalty on vehicles that obstruct the free flow of traffic at Toll Plazas.
Further, the State Government and the State Police Chief were asked to consider if those who hinder traffic at Toll Plazas can be punished under Section 120 or any other Section of the Kerala Police Act, 2011.
Brief Facts:
The Petitioner lost valuable time at a Toll Plaza near Paliyekkara due to a long line of vehicles. It has been alleged that delays by Concessionaire’s staff in collecting the toll and constant tussles between the drivers and staff are two major reasons for traffic snarls.
Contentions of the Petitioner:
The free flow of traffic has been alleged to be disrupted despite the introduction of the Electronic Toll Collection System (“ETC”). Further, it has been contended to allow the vehicle to pass without paying any toll unless the situation is made better.
Contentions of the Respondent:
It was submitted that the major reason for the delay is only when the vehicle having either no Fastag or insufficient balance in Fastag tries to pass through a Fastag lane.
Observations of the Court:
It was noted by the Bench that on an average daily 73070 vehicles cross the Paliyekkara Toll Plaza. Thus, a delay at any of the toll booths will have a cascading effect on the movement of vehicles. It would severely affect the lives and livelihoods of the commuters.
The High Court urged the Central Government to consider whether a penalty could be imposed on those who use the Fastag lane with either no Fastag or insufficient balance. It was also suggested that an amendment must be made in Section 201 of the Motor Vehicles Act, 1998 which may provide for a penalty on vehicles that obstruct the free flow of traffic at Toll Plazas.
Further, the State Government and the State Police Chief were asked to consider if those who hinder traffic at Toll Plazas can be punished under Section 120 or any other Section of the Kerala Police Act, 2011.
Case Title: Nithin Ramakrishnan v. Union of India
Case No: WP(C) No. 31341 of 2022
Coram: Hon’ble Mr. Justice V.G. Arun
Advocate for Petitioner: Adv. Smt. Anjali Anil A.
Advocates for Respondents: Advs. Sri Vidhan Chandran, Sri Manjunath, Government Pleader, Deputy Solicitor General of India
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