PESHAWAR: Peshawar High Court on Thursday issued notice to the federal government seeking its response to a plea against increase in toll tax on Peshawar-Islamabad Motorway and imposition of fine on vehicle without M-Tag by it.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Syed Mudassir Ameer issued the order after preliminary hearing of the petition filed by seven lawyers hailing from Charsadda including Asif Ali Shah and others requesting the court to declare as illegal the recent increase in toll tax on Peshawar-Islamabad Motorway.

They also requested the court to declare as illegal a notification issued by the government on Jan 31, imposing fine on vehicles without M-Tag or having M-Tag with low balance.

They sought direction of the court for the government not to increase toll tax in future without a transparent process, without public consultation and in accordance with law.

The petitioners have also sought interim relief, requesting the court to stay the increased toll tax rates and the imposition of fine till final disposal of the petition.

Respondents in the plea are National Highway Authority chairman and secretaries of communication and law and justice ministries.

Advocates Syed Azeem Dad, Arif Jan and others appeared for the petitioners stating that the number of aggrieved persons of increased in toll tax was much higher, therefore, they might be treated in representative capacity of residents of Charsadda district.

They stated that being law abiding citizens of the country, the petitioners had vested right to challenge unlawful taxation and arbitrary fines that violated constitutional and legal provisions.

They said that NHA was a statutory body responsible for the development, maintenance and toll collection on national highways and motorways.

They claimed that last year toll tax on motorway was increased multiple times.

They pointed out that in 2024 the toll tax from Peshawar to Charsadda and vice versa was first increased from Rs30 to Rs40 and again from Rs40 to Rs60 for motorcars and other vehicles.

They stated that not only the inhabitant of Charsadda district but other people of the province were affected by the said increases, which were not supported by a transparent public consultation process nor justified by any improvement in road infrastructure services.

In the meantime, they said, government issued the impugned notification on Jan 31, through which the respondents wanted to enforce 100 per cent M-Tag regime and imposed 25 per cent extra toll tax on non M-Tag vehicles/low balance M-Tag vehicles. They contended that the increase in toll tax was arbitrary, excessive and unjustified.

They stated that under Section 16 of National Highway Authority Act, 1991, NHA was only authorised to levy toll tax in a reasonable manner and any excessive increase without justification violated principles of fair taxation.

The lawyers claimed that respondents failed to provide a legal basis for the increase, violating fundamental rights guaranteed under Article 18 (Freedom of Trade, Business, and Profession) and Article 25 (Right to Equal Protection of Law) of the Constitution of Pakistan.

They contended that no law or notification provided for the mandatory installation of M-Tag and penalisation for non-compliance. They added that other public-private toll collection models existed worldwide where increases were made gradually and after due consultation with public, but in Pakistan, the respondents acted arbitrarily and without due process.

Published in Dawn, February 14th, 2025