DEVENDRA KUMAR UPADHAYA, C.J.

1. Since in these two intra-court appeals the same judgment and order dated 21.05.2025, passed by the learned Single Judge allowing W.P.(C) No. 4527/ 2017, is under challenge, both the matters have been taken up together and are being decided by the common judgment and order which follows:

FACTS

2. With a view to give thrust to Rooftop and other Small Solar Plants connected at distribution network at voltage levels below 33 kV under the Jawaharlal Nehru National Solar Mission, Ministry of New and Renewable Energy (hereinafter referred to as the ‘Ministry’) of Government of India launched a Scheme/ Programme of Generation Based Incentives (hereinafter referred to as ‘GBI’), and accordingly, issued guidelines for the said purpose on 16.06.2010 known as Guidelines for ‘Rooftop PV & Small Solar Power Generation Programme (hereinafter referred to as the ‘Guidelines’)

3. As per the Guidelines, there are three players to work the said Scheme, namely (i) the Project Proponent which would be selected for development of solar power projects to be connected to distribution network, (ii) the Local Distribution Utility in whose area the plant is located