JUDGMENT :

1. The present Judgment will dispose of two Writ Petitions being W.P.(C) 11491 OF 2022 filed by one M/S Green Gene Enviro Protection & Infra and W.P.(C) 11550 OF 2022 filed by one M/s Recycling Solutions Pvt. Ltd. (“Petitioner/Petitioner Companies”) seeking inter alia the issuance of the writ of mandamus directing the Municipal Corporation of Delhi (“Respondent No. 1”) to execute the agreement dated 10.06.2022 to operate and maintain facilities to process minimum 1000 tonnes per day (hereinafter referred to as ‘TPD’) of incinerable waste, fraction recovered from processing of 80,00,000 MT legacy waste to produce RDF and its subsequent transportation and disposal on daily basis.

2. The facts leading up to the filing of the present petitions are as follows:-

a. On 08.03.2022, the Executive Engineer, Special Project Rohini Zone, on behalf of Respondent No. 1 issued a Notice Inviting Tender dated 08.03.2022 (“NIT”) for “Design, finance, build, own, operate & maintain processing facility to process minimum 1000 TPD of incinerable waste fraction recovered from processing of legacy waste to produce RDF and its subsequent transportation and disposal on daily basis.” (“Impugned Ten