( 1 ) THE petitioner who is a practising advocate of this court has filed this public interest litigation in which has prayed that the MOU dated 13. 2. 1996 signed between the Ministry of Power and the Apollo Hospitals Group and the Pacific Gas and Electric Company for setting up 200 MW Apollo Power Project in South Delhi be declared as null and void. It is also alleged in the petition that the clearance for setting up the said power project has been granted by the Lieutenant Governor in brazen violation of the directives of the Union Ministry of Energy and of the 26th Report of Lok Sabha s Standing Committee on Energy as it involves no Competitive Bidding and therefore it lacks transparency.

( 2 ) THIS Court issued show cause notice and in pursuance thereof counter-affidavit has been filed on behalf of respondents 2 and 3 by Mr. Rajiv Yaduvanshi, Joint Secretary, Department of Urban Development Government of N. C. T. of Delhi preliminary objection has been taken in reply that the petition proceeds on an erroneous statement of facts and the facts stated in the petition are at Variance with the record. The entire petition proceeds on the basis that the Memorandu