ISLAMABAD: The Islamabad High Court (IHC) on Friday suspended the operation of a National Highway Authority (NHA) notification that imposed an additional 50 per cent toll on vehicles travelling on motorways without an M-Tag or with insufficient balance in their M-Tag accounts.
The interim order was issued by Justice Arbab Muhammad Tahir while hearing a 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 federation and the National Highway Authority, directing the respondents to submit a report along with para-wise comments within two weeks. The hearing was adjourned until August 3.
Until further proceedings, the court ordered that the impugned notification would remain suspended.
According to the petition, the NHA had introduced the additional 50pc toll through its May 30 notification for vehicles using motorways without an M-Tag or with an inadequate balance in their M-Tag accounts.
Representing the petitioner, counsel argued that Section 10(vii) of the National Highway Authority Act, 1991 authorises the NHA only to levy and collect tolls on national highways, strategic roads and other roads under its jurisdiction. He contended that the law does not empower the authority to impose penalties, surcharges or any additional financial burden on road users.
The petition further argued that, as a statutory body, the NHA can exercise only those powers expressly granted to it under the law. It maintained that neither the NHA Act nor the rules framed under it classify travelling without an M-Tag or with an insufficient account balance as an offence carrying a monetary penalty.
Counsel submitted that the additional 50pc toll effectively amounted to a penalty imposed without statutory authority and argued that executive notifications cannot create substantive legal or financial liabilities beyond the scope of the parent legislation.
The petition also stated that the additional amount had no connection with any services provided by the NHA and therefore exceeded the powers conferred on the authority under the NHA Act. It argued that the notification was ultra vires and lacked lawful authority.
The petitioner requested the court to declare the May 30 notification unconstitutional, illegal and of no legal effect. He also sought directives requiring the NHA to refund the additional amounts collected under the notification and to place on record the complete mechanism governing M-Tag balance management and the utilisation of those funds.
After hearing the preliminary arguments, the Islamabad High Court suspended the notification until the next hearing and directed the respondents to submit their replies.