HC notice to MTNL on ADC

The Delhi High Court has issued a notice to MTNL on a petition filed by telecom regulator TRAI challenging TDSAT's order to go ahead with adjudication of regulations on the new access deficit charge levy regime.

Seeking reply from the state-owned telecom major, Justice Gita Mittal fixed February 23 as the date to hear the matter.

TRAI had approached the Court against TDSAT's proceedings in the MTNL matter, whereby the state-owned telecom major challenged TRAI's new ADC regime. TDSAT in an interim order on January 31 had held that it has jurisdiction to hear appeals on TRAI's regulation.

However, the implementation of ADC regime was not stayed by TDSAT. TRAI's counsel Meet Malhotra has contended that TDSAT has assumed a jurisdiction not vested in it by law.

In the petition, TRAI has said that only the High Courts and Supreme Court have the power to examine the vires of any legislation.

"No tribunal has been vested with powers to go into vires of legislation having to do with the very statute under which such Tribunal is constituted," TRAI said.