(1.) The constitutional validity of the proviso to Rule 6(3) of the National Highways Fee (Determination of Rates and Collection) Rules 2008 (the NH Fee Rules) is under challenge in W.P. No.35317 of 2019. The Directive dated 30.12.2019, which was issued by the Reserve Bank of India (the RBI) under Section 10(2) read with Section 18 of the Payment and Settlement Systems Act, 2007 (the PSS Act), is challenged in W.P. No.754 of 2020.
(2.) In view of the fact that common issues arise for consideration in both these writ petitions, they were heard jointly and are disposed of by this common order. Keeping in mind that the subject matter of these petitions is technology and technical terms-intensive, some contextual information and an explanation of the technical terms is provided in the following paragraphs.
(3.) The National Payments Corporation of India Limited(NPCIL), the third Respondent herein, developed the National Electronic Toll Collection (NETC) programme to meet the electronic tolling requirement of the Indian market. The NETC programme is designed as an inter-operable nation-wide toll payment solution. For this purpose, it was considered necessary to use radio frequency identification (RFID) technology for making toll payments while the vehicle is in motion. FASTag is the brand name of the device that uses RFID technology to enable toll payments while the vehicle is in motion. Towards this end, the FASTag device is affixed on the windscreen of the vehicle and enables a customer to make the toll payments directly from the account which is linked to FASTag. By this method, toll payments can be collected without the necessity for the customer concerned to stop at the toll plaza, as is necessary when toll payments are collected manually at the toll plaza. FASTag is vehicle- specific and once affixed to a vehicle, it cannot be transferred to another vehicle.