ISLAMABAD:
The Islamabad High Court (IHC) has restrained the National Highway Authority (NHA) from collecting an additional 50% toll from motorists using non-M-Tag vehicles or M-Tag vehicles with insufficient balance, suspending the authority’s notification till the next hearing on August 3.
Justice Arbab Muhammad Tahir issued the interim order after conducting a preliminary hearing on a petition filed by lawyer Muhammad Jalal Haider. The court also issued notices to the NHA, Ministry of Communications and other respondents directing them to file their replies. The petitioner requested the court to declare the extra toll illegal and order the authorities to refund the extra amount collected from the public under 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 whose M-Tag accounts had insufficient balance. Counsel for the petitioner argued that under Section 10 of the National Highway Authority Act, the NHA is only empowered to levy toll.
He argued that the law does not contain any provision empowering the NHA to impose penalties on either non-M-Tag vehicles or vehicles with low M-Tag balance.
The petition maintained that the NHA has been collecting fines from both categories of motorists without any legal backing. The petitioner requested the court to declare the notification dated 30. May 2025 unconstitutional and invalid.
The petition further asked 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.
