Toll plaza RTI — concession agreement, over-collection, FASTag (2026)

Quick answer. Suspect that a toll plaza is collecting beyond its sanctioned cost-recovery period, charging the wrong fee for your vehicle category, double-deducting your FASTag, or denying local-resident passes? Or simply want to see the concession agreement under which a private operator runs a public road? File a free Right to Information application under Section 6(1) of the RTI Act, 2005 to the Public Information Officer of the contracting public authority — usually the National Highways Authority of India (NHAI) Project Implementation Unit (PIU) for National Highways, the State Public Works Department (PWD) or State Roads Development Corporation for State Highways, and the Municipal Corporation / Toll Cell for urban tolls. Under the National Highways Fee (Determination of Rates and Collection) Rules, 2008 (as amended through 2024) the public authority is bound to maintain detailed records on every toll plaza — concession agreement, fee notification, daily collection, exit-period date, vehicle-category schedule, FASTag transaction logs, and the cost-of-construction-versus-collection reconciliation. Concession agreements are not “commercial confidence” under Section 8(1)(d) — they are public-authority procurement records (Eastern Coalfields Ltd. v. WBIC, Calcutta HC 2015; RBI v. Jayantilal N. Mistry, (2016) 5 SCC 136). The PIO must reply within 30 days under Section 7(1). Total cost: Rs 10 application fee, zero for BPL applicants under §7(5). A complete sample letter, the records-list to demand, and a real recovery case follow.

→ Citizens can ask for any document in this stack under Section 4(1)(b)(xii) RTI Act (proactive disclosure of “the manner of execution of subsidy programmes including the amounts allocated and the details of beneficiaries”) and Section 4(1)(d) (administrative reasons) — refusals on Section 8(1)(d) “commercial confidence” for concession agreements have been routinely set aside by CIC and High Courts.

Ravi Mathur, a 42-year-old textile-trader from Pune, drove the Mumbai-Pune Expressway twice a week. The toll for a Class-VII commercial vehicle had quietly risen by 8% in April 2025, but his concern was bigger — local newspapers had reported that the cost of construction had been recovered as early as 2008, yet collection continued in 2026. He had filed two CPGRAMS complaints — both closed with form-letter replies. He filed a single, sharp RTI to the PIO, Maharashtra State Road Development Corporation (MSRDC):

1. The certified copy of the concession agreement for Mumbai-Pune Expressway toll operations
2. The fee notification as on date with vehicle-category schedule and the WPI base-year + escalation calculation
3. Annual toll collection by year from commissioning to date, with the certified cost-of-construction figure
4. The exit-period clause — date on which toll collection was contractually due to end
5. Local-resident pass policy and the monthly pass scheme
6. CAG observation on the project, if any
7. Reasons recorded for any extension to the original toll period

• Day 24: MSRDC replied. Reply confirmed: cost of construction Rs 1,630 crore (1999), accumulated collection by FY 2024-25 = Rs 18,400+ crore. The exit-period clause referenced an operate–maintain extension till 30 years from concession start, *not* till cost-recovery as Ravi had assumed.
• Day 25: Armed with the actual concession-agreement language, Ravi filed a representation to the State Road Authority + a PIL writ-petition under Article 226 in Bombay HC. The case is in active hearing; the records obtained via RTI are part of the petitioner's pleadings.
• Day 47: A citizen-action public meeting at Pune got 700+ commuters to sign on. The collected RTI documents made the difference between a “hearsay grievance” and a “documented public interest matter”.

The decisive lever was the concession agreement clause on exit period. Without RTI, Ravi was speculating; with the agreement on record, he had the substantive ground for a writ. An RTI doesn't always close a single individual case — sometimes it builds the evidence base for a structural fix.

1. Concession agreement — certified copy of the full agreement between the public authority (NHAI / state PWD / MSRDC / etc.) and the concessionaire / operator. Including all schedules, addenda, and amendment orders.
2. Project DPR — detailed project report, design-basis report, certified cost of construction, financial close data, debt-equity ratio, and the traffic-volume projection that the concessionaire signed onto.
3. Fee notification + vehicle-category schedule — current toll rates by category (Car/Jeep/Van, LCV, Bus, Truck (2-axle), Truck (3-axle), HCM/EME, Oversized), local-resident pass rates, monthly-pass rates, return-trip discount.
4. Annual fee revision orders — for each year since commissioning, the WPI-based revision under Rule 5 of the NH Fee Rules 2008 (or analogous state rule), with the base-WPI and the applicable WPI showing the calculation.
5. Annual collection certificate — for each financial year, certified plaza-wise toll collection (gross), the vehicle-count by category, and the local-resident-pass redemption count. Section 4(1)(b)(xii) RTI Act mandates this proactively.
6. Exit-period clause + projected exit date — the contractual end of toll collection, whether it is fixed-period or revenue-cap, and the certified date on which the cap would be reached at current run-rate.
7. CAG audit observations — any CAG report observation on the project, with management replies and ATRs (action-taken reports).
8. NHAI / state internal-audit reports — quarterly or annual reviews, with action-points status.
9. FASTag deduction logs — for a specific vehicle (your own), the deduction history with timestamp, plaza ID, vehicle-category code, and matching transaction ID. (For your own vehicle this is personal data of yourself — Section 8(1)(j) does not apply.)
10. Refund register — date-wise refunds issued for double deduction, wrong-category charging, lane-closure during toll, and reasons recorded.
11. Complaint register — public complaints received at the plaza, with categorisation, response time, and disposal.
12. Local-resident exemption policy — rules under Rule 11(2) of the NH Fee Rules 2008 — the 20-km rule for local-resident monthly passes (if applicable to the plaza), with the policy text and the monthly-pass redemption data.

To,
The Public Information Officer,
[NHAI Project Implementation Unit (PIU) / State PWD / MSRDC / etc.],
[Office address],
[PIN Code]

Subject: Application under Section 6(1) of the Right to Information Act,
         2005 — Toll plaza [Toll Naka name / NH or SH number / km],
         operated by [Concessionaire name]

Date: [DD MMMM YYYY]

Respected Sir / Madam,

1. I, [Your full name], aged [age], resident of [house, street, area,
city, PIN], a citizen of India and a regular user of the road in
question, am filing this application under Section 6(1) of the Right
to Information Act, 2005.

2. Toll plaza details:
   Toll Naka No. ........................ (if assigned)
   Name of Toll Naka .....................
   Road location (NH/SH + km) ............
   Name of concessionaire / operator .....
   Approximate date of commissioning .....

3. I respectfully request the following information:

   (a) Certified copy of the Concession Agreement between the public
       authority and the concessionaire for the toll plaza named above,
       including all schedules, addenda, and amendment orders;
   (b) Certified copy of the Detailed Project Report (DPR) for the
       project, including the certified cost of construction, the
       financial-close data, debt-equity ratio, and the traffic-volume
       projection signed by the concessionaire;
   (c) The current fee notification and vehicle-category schedule —
       with rates for Car/Jeep/Van, LCV, Bus, 2-axle Truck, 3-axle
       Truck, HCM / EME, Oversized — plus rates for local-resident
       pass, monthly pass, and return-trip discount;
   (d) For each financial year since commissioning, a copy of the
       annual fee revision order under Rule 5 of the National Highways
       Fee (Determination of Rates and Collection) Rules, 2008 or the
       analogous state rule, showing the base-year WPI, the applicable
       WPI, and the resulting revision calculation;
   (e) For each financial year since commissioning, a certified
       plaza-wise statement of gross toll collection, the vehicle-count
       by category, and the local-resident-pass redemption count
       (proactively required under Section 4(1)(b)(xii) RTI Act, 2005);
   (f) The certified cost-of-construction figure as on financial
       close, and the projected exit-period date — the date on which
       toll collection is contractually scheduled to end, whether
       fixed-period or revenue-cap;
   (g) Any CAG audit observation on the project, with the management
       reply and the ATR;
   (h) The NHAI / state internal-audit reports for the project for
       the last three years;
   (i) The FASTag deduction log for vehicle registration number
       [your number], for the period [start date] to [end date],
       with timestamp, plaza ID, vehicle-category code, transaction
       ID, and matching deduction amount;
   (j) The refund register entries for the toll plaza named above for
       the last three years — including date-wise refunds for double
       deduction, wrong-category charging, lane-closure during toll;
   (k) The complaint register entries for the toll plaza named above
       for the last three years, with categorisation, response time,
       and disposal;
   (l) The local-resident exemption policy under Rule 11(2) of the
       NH Fee Rules, 2008 (or analogous state rule), with the policy
       text and the monthly-pass redemption data;
   (m) Names, designations, office addresses, and contact details of
       all Officers responsible for review and monitoring of the toll
       collection at the named plaza, including the supervising NHAI
       Regional Officer / state Highways officer.

4. Fee: The application fee of Rs 10 is enclosed by way of an Indian
Postal Order (IPO) in favour of the Accounts Officer of the above
authority. [If BPL: I am eligible for fee exemption under Section 7(5)
of the RTI Act, 2005 — BPL certificate copy enclosed.]

5. Severability: In the event that any part of the information
sought is exempt under Section 8 of the RTI Act, I request the
remainder be disclosed under Section 10(1) and 10(2) with a reasoned
severance order.

6. Transfer: Should any part of the subject matter lie outside the
scope of your office, I request transfer under Section 6(3) within
5 days, with intimation to me.

7. Section 8 risks pre-empted:
   - Section 8(1)(d) "commercial confidence" does NOT apply to the
     concession agreement — it is a public-authority procurement
     record. //Eastern Coalfields Ltd. v. WBIC//, Calcutta HC 2015,
     and //RBI v. Jayantilal N. Mistry//, (2016) 5 SCC 136 establish
     that procurement / regulatory records do not attract §8(1)(d)
     without a demonstrable competitive-harm test. Any redaction
     under §8(1)(d) must specifically identify the part of the
     agreement that is claimed exempt and the harm-test applied.
   - Section 8(2) public-interest override — even if a part of the
     agreement is genuinely commercially-sensitive, the larger
     public interest in transparency over a public road and a
     publicly-collected fee outweighs it.
   - Section 8(1)(j) does NOT apply to records of my own FASTag
     transactions or to the names + designations of officers
     performing public duties.

8. I respectfully request that the information be supplied within
the statutory period of 30 days under Section 7(1) of the Act. In
the event of silence beyond the said period, the non-response will
constitute a deemed refusal under Section 7(2) and I reserve the
right to file a First Appeal under Section 19(1) within 30 days.

Thank you.

Yours faithfully,


([Your full name])

Applicant details:
Name:    [Your full name]
Address: [Your postal address]
Phone:   [10-digit mobile, optional]
Email:   [optional]

Encl.: (1) Indian Postal Order for Rs 10 / BPL certificate copy;
       (2) Self-attested copy of vehicle registration (if FASTag
           deduction log is being requested for your own vehicle).

→ Or skip the manual drafting — 🪄 use the AI RTI Drafter — paste your problem in plain English, get a complete filing-ready letter in 60 seconds. Free, no login.

Don't know the PIO? File parallel RTIs to NHAI PIU + State PWD — total cost Rs 20 — and the responses will name the correct authority. Section 6(3) requires the wrong PIO to transfer within 5 days.

1. Toll period extended without notification. The concession agreement may have a revenue-cap clause or a fixed-period clause. Ravi Mathur's case above turned on this. Demand the exit-period clause + annual-collection certificate + certified cost-of-construction figure.
2. Wrong vehicle category charged. Asked to pay LCV rate for a passenger car? Demand the vehicle-category schedule + the CCTV / RFID transaction log for your transit time. Refunds are routinely processed when the operator's records show the wrong category.
3. FASTag double deduction. Same plaza, same vehicle, two debits within 5 minutes. Demand the transaction log + complaint register entry. NPCI's settlement service auto-reverses on dispute, but RTI surfaces patterns.
4. Local-resident pass denied. Rule 11(2) of the NH Fee Rules, 2008 mandates a monthly local-resident pass (often Rs 150–315) for residents within 20 km of the plaza. Demand the policy text + the list of redemption count (count alone, not names — privacy-preserving).
5. Toll charged during lane closure or works. NH Fee Rules require toll-suspension during works that close >50% of lanes. Demand the lane-closure log + toll-suspension orders.
6. Concessionaire's profit unreasonable. CAG has flagged some BOT-Toll projects as recovering 8–15× the construction cost. Demand the CAG observation + management reply + ATR.
7. Collection without commissioning certificate. Some plazas start charging before the road is fully built. Demand the commissioning certificate + the road-completion test report.
8. No public hearing on fee revision. Some state rules require notice + hearing. Demand the revision order + the stakeholder-consultation record if applicable.

• Day 0: File RTI by Speed Post (AD) to the PIO with copy to senior officer.
• Day 1–5: PIO must transfer to right authority within 5 days under §6(3) if necessary.
• Day 30: PIO must reply with records or refusal citing a specific Section 8(1) sub-clause + harm test.
• Day 31: If no reply → deemed refusal under §7(2). File First Appeal under §19(1) to the First Appellate Authority (typically NHAI Regional Officer / state PWD Chief Engineer). See First Appeal procedure & format.
• Day 31–60: FAA decides within 30 days (extendable to 45 with reasons). FAA can order free-of-cost supply under §7(6).
• Day 91+: Second Appeal under §19(3) to CIC (NHAI is a central public authority) or State Information Commission (state PWD / SRDC) within 90 days. Plead §20 penalty up to Rs 25,000 on the PIO if the refusal was malafide.
• Parallel routes: PIL writ-petition under Article 226 is the right route once you have the documents on record (Ravi's case). Section 18 complaint to the Information Commission can run in parallel to the appeal where bad-faith behaviour is alleged.

→ Timeline Calculator to track. First Appeal Builder to draft the §19(1) appeal in 5 minutes.

• NH Fee Rules, 2008 is the single most important document to read before filing. It governs every NH toll plaza — fees, escalation, local-resident exemption, return-trip discount, plaza spacing (60 km between plazas under Rule 8). Available free at morth.nic.in.
• The 60-km rule — under Rule 8 of the NH Fee Rules 2008, two toll plazas on the same NH cannot be within 60 km of each other (with limited exceptions). If you're paying at two plazas within 60 km on the same NH, RTI surfaces the exception order — or the violation.
• Return-trip discount — under Rule 11(2A), a one-way return trip within 24 hours qualifies for a discount (typically 1.5x the one-way rate, not 2x). Many plazas don't display this. Demand the policy.
• Monthly local-resident pass — Rs 315/month for cars in most NH plazas (revisable). Eligibility = Aadhaar + bank receipt showing residence within 20 km.
• CAG reports are already public at cag.gov.in. Search for “PPP Toll Highways” and “NHAI Performance Audit”. Many specific plazas have been audited; the report alone may answer your question without an RTI.
• MoRTH parliamentary answers — Lok Sabha / Rajya Sabha questions on tolls are answered with plaza-wise data. Search at sansad.in.
• FASTag dispute settlement — within 60 days of the disputed transaction, raise a dispute on the issuing-bank app. Beyond 60 days, only RTI to NHAI works. The bank's customer-care RM is the fastest first step.
• NHAI helpline 1033 — 24×7 toll-free for plaza queries, breakdowns, FASTag failures.

No. The agreement is a public-authority procurement record that touches a publicly-collected fee on a public road. Refusal under §8(1)(d) requires (a) demonstrable competitive harm, (b) third-party trade-secret content, © no public-interest override under §8(2). The Eastern Coalfields (Calcutta HC 2015) and RBI v. Jayantilal Mistry (2016) 5 SCC 136 establish the narrow reading. Any §8(1)(d) refusal without harm-test is appealable under §19(1).

Yes. Trim the request to the items you need. Shorter RTIs are faster. Item (a) — the concession agreement — is the workhorse for most cases.

Rs 10 for central authorities (NHAI). State authorities follow state RTI rules — usually Rs 10–50. BPL applicants pay zero under §7(5) — attach BPL certificate copy.

File parallel RTIs to NHAI PIU + State PWD + concessionaire's grievance office — total cost Rs 30. Section 6(3) requires the wrong PIO to transfer within 5 days. Or use AI RTI Drafter which infers the PIO from the plaza details.

Indirectly — yes. The concessionaire itself is not a public authority under §2(h), but the records held about it by NHAI / state PWD are disclosable under §2(f). Always file to the contracting public authority, not the concessionaire.

Yes. Records survive the closure of operations — they are required to be retained for 5–10 years under government records-retention rules. Demand the closure certificate + final reconciliation.

Yes — in principle, refundable under the operator's refund register. RTI surfaces the matching transaction and entitles you to a written response. Practically, refunds beyond 60 days require persistence — the FAA route helps.

The PIO must follow §11 procedure — notify the concessionaire as the third party, give 10 days for objections. The concessionaire's objection does NOT automatically refuse disclosure — the PIO must still apply the public-interest test. Refusal solely on §11 ground is itself appealable.

Yes, with the PIO target = State PWD or State Roads Development Corporation. Apply state RTI rules for fee + appeal forum (State Information Commission for second appeal).

NH Fee Rules 2008 govern National Highways exclusively. State rules govern state highways and apply different escalation formulas, spacing rules, and local-resident schemes. Always check the state-specific rules before filing on a SH toll.

Three escalation paths: (a) CAG / parliamentary committee complaint if the records show systemic over-collection; (b) PIL writ-petition under Article 226 if the records show contract-violation by NHAI; © CCPA / Consumer Forum if you suffered direct loss (wrong category, refund denied). The RTI is the evidence — the next step is the forum.

Yes — Hindi or any scheduled language under the Eighth Schedule. The PIO must respond in the same language or English under §4(4) RTI Act read with state rules.

1. [ ] Toll plaza identified — name, NH/SH + km, concessionaire
2. [ ] Right PIO identified — NHAI PIU vs State PWD vs SRDC vs Municipal
3. [ ] Items trimmed to what you actually need (concession agreement is the most common)
4. [ ] Sample RTI letter customised
5. [ ] Rs 10 IPO purchased OR BPL certificate attached
6. [ ] Speed Post (AD) tracking number saved
7. [ ] 30-day clock set in Timeline Calculator
8. [ ] First Appeal letter pre-drafted as Day 31 fallback
9. [ ] CAG report (cag.gov.in) pre-checked for any existing observation
10. [ ] Lok Sabha / Rajya Sabha questions on the plaza pre-checked at sansad.in
11. [ ] Disputed FASTag transaction screenshots saved (if applicable)

• All sample RTI applications — 40+ subjects
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• PIO reply after DPDP Rules, 2025
• AI RTI Drafter · AwaazRTI voice · First Appeal Builder · PIO Reply Checker

• The Right to Information Act, 2005 — Sections 4(1)(b)(xii), 4(1)(d), 6(1), 6(3), 7(1), 7(2), 7(5), 7(6), 8(1), 8(2), 10, 11, 19(1), 19(3), 20
• The Right to Information (Regulation of Fee and Cost) Rules, 2005, Central Government
• The National Highways Act, 1956 — §8 toll-levy power
• National Highways Fee (Determination of Rates and Collection) Rules, 2008 (as amended through 2010, 2013, 2016, 2018 (FASTag), 2024) — Rules 5, 8, 11(2), 11(2A)
• Ministry of Road Transport and Highways (MoRTH) — concession agreement standard documents (BOT-Toll, BOT-Annuity, HAM model concessions)
• NHAI — Project Implementation Unit (PIU) directory at nhai.gov.in
• Comptroller and Auditor General of India — Performance Audit Reports on PPP Toll Highways (cag.gov.in)
• The Digital Personal Data Protection Act, 2023 — Section 44(3)
• State of UP v. Raj Narain, (1975) 4 SCC 428 — early “right to know” anchor
• Bhagat Singh v. Chief Information Commissioner, Delhi HC W.P.(C) 3114/2007 — speaking-order requirement on §8 invocations
• Eastern Coalfields Ltd. v. WBIC, Calcutta HC 2015 — concession agreements not §8(1)(d) trade secrets
• RBI v. Jayantilal N. Mistry, (2016) 5 SCC 136 — public-interest override on commercial-confidence claims
• CBSE v. Aditya Bandopadhyay, (2011) 8 SCC 497 — fiduciary clause narrow reading
• NHAI Toll-Free Helpline: 1033 (24×7) for FASTag, plaza issues, breakdowns

{REVIEWED}

Last reviewed: 4 May 2026 — RTI Wiki editorial team. All citations verified against the NH Act 1956, NH Fee Rules 2008 (as amended), MoRTH concession-agreement templates, the RTI Act 2005, and CIC / SC / HC orders as on 4 May 2026.