However, the court refused to stay the order of the Delhi high court that upheld such levy, saying, "we are not inclined to stay it. . . No airport could be developed if they don't have funds."
A bench headed by chief justice K G Balakrishnan isued the notice to the ministry of civil aviation, Airports Authority of India and the Mumbai International Airport Ltd on a petition filed by consumer organisation Consumer Online Foundation.
Justice Balakrishnan asked the Foundation about its 'locus standi' in the matter and said 'it is absolutely an useless matter.'
Consumer Online Foundation counsel Meenakshi Arora and Prashant Kumar said no such fee should be charged and the money collected should be put into an escrow account till the issue is finally decided by the court.
Earlier on October 23, the apex court had on a similar petition issued notices to the civil aviation ministry, AAI and the Delhi International Airport Ltd on the issue.
Consumer Online Foundation, in its petition, said MIAL and Delhi International Airport Limited, which are the lessees of AAI, had no jurisdiction to charge the fees and they were doing so without any authority.
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