In Brief
The Municipal Corporation of Delhi challenged APTEL's decision that only distribution licensees or generating companies could invoke Section 63 of the Electricity Act for tariff adoption. The Supreme Court held that Section 63, read literally, permits any entity to apply when tariff is determined through transparent bidding. MCD, mandated under Solid Waste Management Rules to establish waste-to-energy projects, could invoke Section 63. The Court applied harmonious construction of Sections 63 and 86(1)(b), rejecting APTEL's narrow interpretation that would render the State Commission's wide regulatory powers otiose. The decision was grounded in statutory plain meaning and public interest in waste management and renewable energy promotion.
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