The Islamabad High Court (IHC) on Friday suspended the National Highway Authority's (NHA) decision to impose a 50% additional toll surcharge on vehicles without an M-Tag and those with insufficient M-Tag balances. A single bench comprising Justice Arbab Muhammad Tahir conducted the hearing and restrained the NHA from collecting the extra toll tax across the country until August 3. The court also issued notices to the respondents, directing them to submit their response, and deferred the proceedings.
Petition Challenges NHA Notification
The petition, filed by lawyer Muhammad Jalal Haider, named the Ministry of Communications, the National Highway Authority, and other officials as respondents. The petitioner requested the court to declare the NHA's May 30, 2025 notification unlawful and order the authority to refund all amounts collected under the disputed surcharge. According to the petition, the notification introduced an additional 50% charge on vehicles using the motorway network without an M-Tag or with inadequate M-Tag balances.
Legal Arguments Against Surcharge
The petitioner argued that Section 10 of the NHA Act authorizes the authority to collect tolls but does not empower it to impose penalties on either category of motorists. It contends that the surcharge has no legal basis and exceeds the powers granted to the authority under the law. The petition further alleges that the measure violates Articles 4, 18, 24, and 25 of Pakistan's Constitution, which relate to the protection of law, freedom of trade, property rights, and equality before the law.
Demand for Refund and Disclosure
In addition to seeking the notification's annulment, the petitioner requested the court to direct the NHA to disclose the complete mechanism governing the M-Tag balance system and its implementation, while ordering refunds of all penalties collected under the May 30 notification. The court has scheduled the next hearing for August 3, 2025.
