IHC Suspends NHA’s 50% Extra Toll Notification, Petition Seeks Refund for Motorists
ISLAMABAD: The Islamabad High Court (IHC) has taken up a constitutional petition challenging the National Highway Authority’s (NHA) decision to impose an additional 50 percent toll on non-M-Tag vehicles and vehicles with insufficient M-Tag balance, with the petitioner seeking not only the suspension of the policy but also the refund of the amounts already collected from motorists.
The petition, filed by Advocate Muhammad Jalal Haider, names the Ministry of Communications, the National Highway Authority (NHA), and other relevant authorities as respondents. It challenges the legality of the NHA’s notification issued on May 30, 2025, under which motorists without an M-Tag or those whose M-Tag accounts have insufficient balance are required to pay an additional 50 percent toll.
The petitioner argued before the court that the NHA’s action has no legal basis and exceeds the powers granted to the authority under the National Highway Authority Act. According to the petition, Section 10 of the NHA Act authorizes the collection of toll only and does not empower the authority to impose penalties or fines on motorists.
It further contends that the law contains no provision allowing the NHA to levy an additional charge on non-M-Tag vehicles or on vehicles with low M-Tag balance, making the impugned notification unlawful and beyond statutory authority.
The petition also alleges that the policy violates Articles 4, 18, 24, and 25 of the Constitution, arguing that citizens cannot be subjected to financial liabilities without lawful authority, while also raising concerns over equality before law and the protection of property rights.
The petitioner has requested the court to declare the May 30, 2025 notification unconstitutional and void, restrain the NHA from enforcing it, and direct the authority to refund all additional amounts collected from motorists under the impugned notification.
In addition, the petition asks the court to direct the NHA to place on record the complete mechanism governing M-Tag balance management, including how motorists are informed about insufficient balance, the procedure for recharging accounts, and the legal framework governing the electronic toll collection system.
During preliminary proceedings, Justice Arbab Muhammad Tahir issued notices to the respondents and sought their replies. The court also suspended the operation of the NHA notification until the next hearing, preventing the authority from collecting the additional 50 percent toll under the challenged policy while the matter remains pending.
The case is expected to determine whether the NHA can impose financial penalties through administrative notifications without explicit legislative authorization, a decision that could have significant implications for thousands of motorway users across Pakistan.
