ISLAMABAD:
The Islamabad High Court (IHC) has restrained the National Highway Authority (NHA) from collecting 50 per cent additional toll from motorists using non-M-Tag vehicles or M-Tag vehicles with insufficient balance, staying the authority’s notification until the next hearing on August 3.
Judge Arbab Muhammad Tahir issued the interim order after conducting a preliminary hearing on a motion filed by lawyer Muhammad Jalal Haider. The court also issued notices to the NHA, Ministry of Communications and other respondents, ordering them to submit their responses. The petitioner requested the court to declare the additional toll illegal and order the authorities to refund the additional amount collected from the public as the fine.
According to the petition, the NHA issued a notification on May 30, 2025, imposing an additional 50% toll, described as a penalty, on vehicles without M-Tags and on vehicles with insufficient balance in their M-Tag accounts. The petitioner’s counsel argued that under Section 10 of the National Highway Authority Act, the NHA is authorized only to collect toll taxes.
He argued that the law contains no provision authorizing the NHA to impose penalties on non-M-Tag vehicles or vehicles with low M-Tag balances.
The petition claims that the NHA is collecting penalties from both categories of motorists without any legal backing. The petitioner requested the court to declare the May 30, 2025 notification unconstitutional and void.
The petition further sought directions to the NHA to refund all additional amounts collected from motorists under the impugned notification and asked the court to seek complete details of the M-Tag balance mechanism and its operational framework.
