Supreme Court asks union to hold emergency meeting with GNCTD, MCD

Lamenting the dismal situation in the national capital with regard to solid waste management, the Supreme Court on Friday (July 26) directed the secretary, ministry of environment, to immediately convene a meeting with officials of the Delhi government, the commissioner of the Municipal Corporation of Delhi (MCD) and other MCD officials to devise an urgent solution to the crisis.

A bench of Judge Abhay Oka and Judge AG Masih raised the alarm about a potential public health emergency. The capital city produces 11,000 tons of solid waste daily, but its processing capacity is only 8,073 tons per day. A significant amount of waste remains untreated.

The affidavit filed by the MCD revealed that the capacity to process 11,000 tonnes of solid waste daily can only be increased by 2027. The court recorded the gravity of the situation in its order as follows:

“In the affidavit filed by MCD, they have put forward the timelines and pointed out the pending litigation. We see no light at the end of the tunnel because if we go by the affidavit and assume that the timelines are adhered to, there is no possibility of creating facilities in Delhi even before 2027 that have the capacity to process 11,000 tonnes of solid waste per day. There is no need for guesswork to say that by then, the generation of solid waste will increase. We agree with Learned Amicus (Senior Advocate Aparajita Singh) that this will lead to a public health emergency. This is a sad state of affairs when it comes to implementation of solid waste management rules in the capital.”

In its order, the court noted that the situation of waste management capacities in Gurugram, Faridabad and Greater Noida is “equally poor”. Gurugram generates 1,200 metric tonnes of waste per day but can process only 254 metric tonnes, while Faridabad generates 1,000 metric tonnes but processes only 410 metric tonnes, the court noted, noting that the situation in Greater Noida is slightly better but still inadequate.

The court directed the Environment Ministry to hold a meeting with municipal commissioners of Gurugram and Faridabad, officials of the Greater Noida Development Authority and officials of the state government’s environment department to devise immediate solutions.

The Secretary, Ministry of Environment, is directed to submit reports for Delhi and these three cities within a month.

Unable to convene standing committee meetings due to ‘impasse’: MCD

Senior Advocate Menaka Guruswamy for the MCD stressed that the MCD Standing Committee is not being convened as there is a deadlock in the state. She sought permission from the MCD to sanction tariff and agency contracts above Rs. 5 Crores till the deadlock is resolved.

Judge Oka said: “On a lighter note: not only people, but also real issues affecting the capital are caught in the crossfire between the two. This is an example.”

The Court noted that the MCD had sought delegation of financial powers to approve tariff and agency contracts exceeding Rs 5 crore as per Section 202 of the Delhi Municipal Corporation Act for waste management projects.

The Supreme Court has ordered the NCT government to make an appropriate decision on the matter within three weeks.Given the current situation, if this consent is not granted to MCD, it will not be able to comply with the 2016 Rules.”, the Court stated in its order.

The court also directed the Indian government to submit a report detailing immediate measures to ensure that non-compliance with the Solid Waste Management Rules, 2016 does not create a serious public health emergency in Delhi.

Lack of implementation of waste management rules in NCR

Justice Oka expressed concern over the lack of implementation of the 2016 rules in Delhi and other NCR cities.

During the proceedings, Guruswamy claimed that MCD had followed the rules and planned for a capacity of 15,000 metric tonnes. Justice Oka said that planning for future capacity alone was not enough as thousands of metric tonnes of waste were left untreated daily.

Guruswamy explained that the expansion of waste treatment facilities has been delayed by litigation and public opposition. She said that four expansion plans are currently stuck in litigation and that a planned expansion of the Okhla facility, which would increase capacity from 1,950 metric tons to 2,950 metric tons, is expected to be operational in March 2026, with environmental clearance granted.We would have expanded the facility years ago. We have been working hard to meet the orders“, she said.

However, the court did not accept this and replied: “You don’t force anyone to comply. The rules are from 2016. Don’t think you force anyone.“

Guruswamy submitted that the High Court has allowed the expansion work of a facility but has subjected it to the final outcome of the litigation against the facility. Justice Abhay S Oka pointed out that there is no ban imposed by the Court on the litigation policy and said:

“Ordinary litigants will be concerned about such orders, not a government agency that has a constitutional duty to protect the environment. This argument can only come from a private party or a contractor, not from the municipal authority. If this is the approach that, although the court allows it, we will not do the work, we will summon the commissioner. We do not like this approach as a private litigant.”

Justice Abhay Oka pointed out that there is no legal bar to proceed with expansion plans. Guruswamy replied that MCD cannot ask private contractors to invest substantial amounts in the light of pending litigation.

“Ultimately your intention must be positive. The intention must be to find a way out. If you keep thinking about difficulties, it is an endless process. The court has allowed you to continue, you continue”, Judge Oka noted.

Judge Oka suggested that another contractor be appointed to expedite the work, if the contractor refuses to start the work due to litigation.

“We will summon the commissioner. If the commissioner of your company has no control over the contractor, then he is helpless. We are worried about this. In the capital, this is the state of affairs. And solid waste will increase”, said Judge Oka.

Judge Oka asked whether MCD had looked for alternative locations if the proposed location was the subject of litigation.

Guruswamy explained that relocating an existing waste processing plant is not feasible as it is strategically located near landfills for efficient transportation.

Case No. – Petition (Civil) No. 13029/1985

Case title – MC Mehta v. Union of India & Ors.