The Islamabad High Court (IHC) has issued an interim order restraining 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. The court suspended the authority's notification until the next hearing scheduled for August 3.
Interim Order by Justice Arbab Muhammad Tahir
Justice Arbab Muhammad Tahir passed the interim order after conducting a preliminary hearing on a petition filed by Advocate Muhammad Jalal Haider. The court also issued notices to the NHA, the Ministry of Communications, and other respondents, directing them to submit their replies.
Petitioner's Challenge to the Notification
The petitioner requested the court to declare the additional toll unlawful and order the authorities to refund the extra amount collected from the public under the penalty. 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 carried insufficient balance.
Legal Argument Against the Penalty
The petitioner's counsel argued that under Section 10 of the National Highway Authority Act, the NHA is authorized only to collect toll tax. He contended that the law contains no provision authorizing the NHA to impose penalties on either non-M-Tag vehicles or vehicles with low M-Tag balances.
Allegations of Unlawful Collection
The petition maintained that the NHA has been 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.
Demand for Refund and Details
The petition further sought directions for 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.
