By Asif Naveed
ISLAMABAD (MNN); The Islamabad High Court (IHC) on Friday suspended the implementation of the National Highway Authority’s (NHA) notification that imposed an additional 50 percent toll on motorists travelling on motorways without an M-Tag or with insufficient balance in their M-Tag accounts.
The interim relief was granted by Justice Arbab Muhammad Tahir while hearing a constitutional petition filed by Advocate Muhammad Jalal Haider, who challenged the legality of the NHA notification issued on May 30, 2025.
The court issued notices to the federal government and the NHA, directing them to submit para-wise comments and a detailed report within two weeks. The matter has been adjourned until August 3. Until the next hearing, the court ordered that the disputed notification shall remain suspended.
According to the petition, the NHA had introduced an additional 50 percent toll charge for vehicles using motorways without a valid M-Tag or with insufficient balance through its May 30 notification.
During the hearing, the petitioner’s counsel argued that Section 10(vii) of the National Highway Authority Act, 1991 authorises the NHA only to levy and collect toll taxes on national highways and roads under its jurisdiction. The law, he contended, does not empower the authority to impose penalties, surcharges or any additional financial burden on motorists.
The petition further stated that the NHA, being a statutory body, can exercise only those powers specifically granted by law. It maintained that neither the NHA Act nor the relevant rules classify travelling without an M-Tag or with low account balance as an offence carrying a financial penalty.
The petitioner argued that the additional 50 percent toll effectively amounts to an unlawful penalty imposed without legal authority. He maintained that executive notifications cannot create financial liabilities beyond the scope of the parent legislation.
The petition also asserted that the extra charge had no direct connection with any additional service provided by the NHA and therefore exceeded the authority granted under the NHA Act, rendering the notification unconstitutional and ultra vires.
The petitioner requested the court to declare the May 30 notification unconstitutional, illegal and without legal effect. He also sought directions for the NHA to refund the additional toll amounts already collected and to disclose the complete mechanism governing M-Tag balance management and its utilisation.
Following preliminary arguments, the Islamabad High Court suspended the operation of the notification until the next hearing and directed the respondents to submit their replies.
