Court Questions Challenge to M-Tag Penalty
The Islamabad High Court has issued notices to the Ministry of Communications and other respondents over a petition challenging the additional 50 percent motorway toll imposed on vehicles with insufficient M-Tag balances.
Chief Justice Sardar Muhammad Sarfraz Dogar heard the petition filed by the Judicial Activism Panel. Advocate Mahfooz Bukhari appeared before the court on behalf of the petitioner.
During the hearing, the chief justice observed that motorway toll rates appeared to fall within the government’s policy domain. He questioned the extent to which the court could intervene in such a policy decision.
The petitioner’s counsel argued that the disputed charge was not a routine toll adjustment. He described it as an arbitrary and excessive financial penalty imposed without reasonable justification.
The court did not issue a final ruling on the legality of the surcharge. It directed the Ministry of Communications and other respondents to submit their written replies before further proceedings. The hearing was then adjourned.
Petition Challenges Additional Charge on Low-Balance Vehicles
The Judicial Activism Panel has challenged the National Highway Authority notification issued on June 3, 2025.
The notification introduced an additional 50 percent toll for vehicles travelling on the motorway network without an M-Tag or with an insufficient M-Tag balance.
The policy came into effect on June 15, 2025. It covered major routes, including the M-1, M-2, M-3, M-4, M-5, M-9, M-14 and the Hazara Expressway.
The NHA introduced the surcharge as part of its plan to implement a fully automated M-Tag toll collection system. The authority said the measure would encourage motorists to obtain M-Tags and maintain adequate balances before entering motorways.
Under the revised structure, affected motorists were required to pay 50 percent more than the standard toll. The increased amount applied to cars, buses, trucks and other vehicle categories.
For example, the toll for an affected car travelling between Lahore and Islamabad was fixed at Rs1,800 after including the additional charge. Similar increases were introduced across other motorway routes.
The petitioners maintain that motorists should not face such a large additional charge simply because their prepaid accounts contain insufficient funds.
They want the court to examine whether the surcharge has proper legal authority and whether the government provided reasonable grounds for imposing it.
Separate Petition Already Secured Interim Suspension
The latest case is not the first legal challenge to the 50 percent motorway surcharge.
In a separate petition, the Islamabad High Court earlier suspended the NHA notification that imposed the additional charge on motorists without M-Tags or with insufficient balances.
Justice Arbab Muhammad Tahir issued the interim order on July 3, 2026. The court restrained the NHA from collecting the extra amount until the next hearing, scheduled for August 3.
That petition argued that the NHA Act authorises the authority to collect regular tolls but does not permit it to impose a penalty or additional fiscal burden for M-Tag violations.
It also requested the court to order refunds for motorists who had already paid the surcharge and to require the NHA to disclose its M-Tag balance management system.
The government and the NHA will now be expected to defend the policy and explain its legal basis before the court.
The final decision could affect motorway users across Pakistan and determine whether the NHA can impose higher charges to enforce compliance with its electronic toll collection system.
