Islamabad High Court Halts 50% Extra Toll on Motorway Users Without M-Tag
The Islamabad High Court (IHC) has temporarily suspended a National Highway Authority (NHA) notification that mandated a 50% increase in toll fees for vehicles operating on motorways without an M-Tag or with insufficient funds in their M-Tag accounts. This interim order was issued by IHC Justice Arbab Muhammad Tahir on Friday, following a legal challenge filed by advocate Muhammad Jalal Haider. The advocate contested the validity of the NHA's May 30, 2025, notification, arguing that it lacked statutory authority. The court has summoned reports and detailed comments from the respondents, including the federation and the NHA, within two weeks, and has adjourned the case until August 3. The NHA's notification, which imposed the additional charge, is now suspended pending further court proceedings. The petitioner's counsel asserted that the NHA Act of 1991 only empowers the NHA to collect tolls, not to impose penalties or additional financial burdens on road users. The petition further argued that as a statutory body, the NHA can only exercise powers explicitly granted by law, and that neither the NHA Act nor its associated rules define traveling without an M-Tag or with an insufficient balance as an offense punishable by a monetary penalty. The counsel characterized the additional 50% charge as an unauthorized penalty, asserting that executive notifications cannot create liabilities beyond the scope of the parent legislation. The petitioner also claimed the additional amount was unrelated to services provided by the NHA, rendering the notification ultra vires and unlawful, and requested its declaration as unconstitutional. Additionally, the petitioner sought the refund of any extra amounts collected and transparency regarding the M-Tag balance management system.
The Islamabad High Court's interim suspension of the National Highway Authority's additional toll fee highlights a critical tension between administrative expediency and statutory authority. The court's action suggests a potential overreach by the NHA in attempting to enforce M-Tag compliance through financial penalties not explicitly sanctioned by the National Highway Authority Act, 1991. This case underscores the principle that statutory bodies must operate strictly within the powers conferred upon them by legislation, and that executive notifications cannot unilaterally create new financial obligations for citizens. Moving forward, the NHA must ensure its revenue-generating mechanisms are legally sound and transparent, potentially by seeking legislative amendments if new enforcement tools are deemed necessary. This situation also prompts consideration of how digital tolling systems can be implemented effectively and equitably, balancing the goals of efficiency and revenue with the rights and expectations of road users.
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