JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present petition has been filed under Article 226 seeking direction to the Respondents to comply with the scheme ‘Achievement Linked Incentives and Award Scheme’ under ‘Grid Connected Rooftop and Small Solar Power Plants Program’. The Petitioner seeks release of its balance amount to the tune of Rs.96.96 lacs pending under the said Scheme.

3. The Petitioner-Sun Renewable RT Pvt Ltd. is engaged in various businesses related to renewable energy. One of its business activities is to build, acquire and operate solar assets as also selling electricity to various governmental industries and customers.

4. The Government of India launched a scheme for rooftop and small powerplants which involved giving incentives by the government for operationalising solar power generation units. The said scheme, titled “Achievement-Linked Incentives and Awards Scheme” (hereinafter ‘Scheme’) under the “Grid Connected Rooftop and Small Solar Power Plants Program” (hereinafter ‘program’). The same was launched by the government with an intention to promote grid connected rooftop and power generating plants in order to reduce dependence on fossil fuel-based electricity generation. The purpose of the said scheme was to create an environment for investment by private players in the solar energy sector.

5. The Scheme was originally launched on 4th May, 2016, as per which proposals were to be submitted by companies which were willing to generate solar power. The Scheme was amended on 30th March, 2017 which contemplated incentives based upon achievement of targets. Further to the amendment of the Scheme issued by the Ministry on 30th March, 2017, a Request for Selection (hereinafter ‘RfS’) of bidders was issued by Respondent No.2- NTPC Vidyut Vyapar Nigam Ltd. (hereinafter ‘NVVNL’) on 31st March, 2017 for the implementation of a 13.5 KWP Grid Connected Rooftop Solar PV Systems for the Ministry of Health and Family Welfare (Under RESCO model) (hereinafter ‘project’).

6. The Petitioner had submitted its offer and was awarded a Letter of Allocation (hereinafter ‘LoA’) dated 11th August, 2017 issued by Respondent No.2 to implement Grid Connected Rooftop Solar PV systems at the following institutions with the specified capacity:

** This is an indicative capacity. Actual capacity may vary as per sanction letter.

7. As per the said LoA, the total capacity that was to be created was 2976 KWP. On 10th November, 2017, the Petitioner informed NVVNL that the setting up of Rooftop Solar PV system in AIIMS Rishikesh (AIIMS) was not feasible as it was informed that there was an expansion plan underway for the said AIIMS. The said request was made within 6 months period of the grant of the LoA. Initially, there was no response from Respondent No.2. Later, NVVNL accepted the said deletion of the AIIMS project and the installation was restricted to NIMHANS, Bengaluru and the All-India Institute of Speech & Hearing (AIISH), Mysuru vide its sanction letter dated 12th February, 2018. As per the sanction letter, the installation and commissioning was limited to the following institutions and capacity:

8. In the meanwhile, NVVNL vide its letter dated 21st December, 2018 also r