The Islamabad High Court has restrained the National Highway Authority (NHA) from collecting additional toll charges from motorists, suspending a notification that imposed a 50 percent surcharge on vehicles without M-Tags or with low balances. The interim order halts the levy until the next hearing.
Court Challenges NHA’s Legal Authority
Justice Arbab Muhammad Tahir issued the stay order while hearing a petition challenging the NHA’s notification dated May 30, 2025. The petitioner’s legal counsel argued that the authority had acted illegally by penalizing drivers, as it possesses no statutory power to impose such fines.
The petition argued that Section 10 of the NHA Act strictly authorizes the collection of tolls and contains no provision for imposing penalties on non-M-Tag or low-balance M-Tag vehicles. The legal challenge further contended that the surcharge violated fundamental rights protected under Articles 4, 18, 24, and 25 of the Constitution.
Demands for Refund and Transparency
Beyond suspending the notification, the petitioner requested the court to declare the May 30 directive unconstitutional and void. The legal plea also seeks a complete refund of all additional charges collected from motorists under the now-suspended notification.
Furthermore, the petition demands that the NHA disclose the complete mechanism governing M-Tag balances and their operational procedures to ensure transparency in the system.
Next Steps in the Legal Battle
Following the suspension of the toll surcharge, the court issued notices to the Ministry of Communications, the NHA, and other respondents, directing them to submit formal replies to the allegations. The hearing has been adjourned until August 3, setting the stage for a high-stakes legal battle over digital toll enforcement in the capital.
