ISLAMABAD: A petition has been filed in the Islamabad High Court (IHC) challenging the National Highway Authority’s (NHA) policy of imposing an additional 50 percent toll surcharge on vehicles without an M-Tag and on vehicles whose M-Tag accounts have insufficient balance.
The petition, filed by Advocate Muhammad Jalal Haider, names the Ministry of Communications, the National Highway Authority (NHA), and other relevant authorities as respondents.
According to the petition, the NHA issued a notification on May 30, 2025, introducing an additional 50 percent charge for motorists using the motorway network without an active M-Tag or with inadequate M-Tag balance. The petitioner contends that the measure has no legal basis under the National Highway Authority Act.
The petition argues that Section 10 of the NHA Act authorizes the collection of toll tax only and does not empower the authority to impose financial penalties on motorists for not having an M-Tag or for maintaining insufficient balance in their M-Tag accounts.
It further states that neither category of motorists is subject to any penalty under the existing law and alleges that the additional amount is being recovered without statutory authority.
The petitioner has also argued that the impugned notification violates Articles 4, 18, 24, and 25 of the Constitution, which relate to the protection of law, the freedom to conduct lawful business, the protection of property rights, and equality before the law.
The petition requests the Islamabad High Court to declare the May 30, 2025 notification unconstitutional, unlawful, and of no legal effect. It also seeks directions for the NHA to refund all additional amounts collected from motorists under the notification.
In addition, the petitioner has asked the court to direct the NHA to place on record the complete mechanism governing M-Tag balance management, including how motorists are informed of insufficient balances and the procedures followed before imposing additional charges.
The case raises broader questions about the legal authority of public bodies to introduce financial penalties through administrative notifications without explicit statutory backing. The court is expected to examine whether the NHA’s policy falls within its powers under the NHA Act and whether the surcharge is consistent with constitutional protections afforded to citizens.
The Islamabad High Court is expected to fix the matter for hearing after the respondents are issued notices.
