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B. R. GAVAI, K. V. VISWANATHAN
Municipal Corporation of Delhi – Appellant
Versus
Gagan Narang – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. The present appeals filed under Section 125 of the Electricity Act, 20031 [‘the Act’ hereinafter] arise out of the Impugned common final judgment and order of the Appellate Tribunal for Electricity at New Delhi2 [‘APTEL’ hereinafter] dated 31st August 2023 passed in DFR No. 245 of 2023 and DFR No. 247 of 2023 which were both filed by the Respondent No. 1 herein-Mr. Gagan Narang. The APTEL disposed of the appeals and set aside the orders of the Delhi Electricity Regulatory Commission3 [‘DERC’ hereinafter] dated 6th and 7th March 2023. Vide the order dated 6th March 2023 the DERC had dismissed the petition filed by Waste to Energy Research & Technology Council4 [‘WTERT’ hereinafter] challenging the authority of the Appellant herein-Municipal Corporation of Delhi5 [‘Appellant-MCD’ hereinafter] to issue the tariff-based bid and Request for Proposal6 [‘RFP’ hereinafter] for setting up the Waste to Energy7 [‘WTE’ hereinafter] project at Narela Bawana, Delhi. Vide order of 7th March 2023, the DERC had approved the bid tariff of Rs. 7.38/- KWh for the project and had directed the Distribution Licensee to negotiate the terms of the Power Purchase Agreement8 [‘PPA’
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