SC orders Delhi Chief Secy to appear before it on Dec 19

“Notwithstanding specific directions given to the Chief Secretary of the Delhi Government (on November 11, 2024), compliance has not been reported. Even the basic data such as generation of solid waste every day is not placed on record. This aspect will be considered on 19th of December. We direct the Chief Secretary of the Delhi government to remain present through video conference,” a Bench led by Justice AS Oka said.

“If an affidavit reporting compliance with order dated 11th November 2024 is not filed, the court will initiate action under the Contempt of Courts Act against the officials concerned of the Delhi Government,” said the Bench which also included Justice Manmohan.

MCD had given assurance 

The national capital is estimated to generate more than 11,000 tonnes of solid waste every day while the MCD has the capacity to process only 8,073 tonnes

The MCD, told the Supreme Court on October 18 that by 2026 it will exceed its capacity of processing 11,000 tonnes of solid waste generated daily in the national capital.

The Chief Secretary to remain present through video conference

Special Secretary (Urban Development) SM Ali – who appeared through video conference – urged the Bench to give a few more days to collect and furnish solid waste generation data. “I'm sorry for the delays and we will do it as quickly as possible, just allow us a few days,” Ali told the Bench.

However, the Bench said, “Unless we do this (seek Chief Secretary’s presence) you will never do it (furnish the data).”

Noting that everyone was supposed to comply with the November 11, 2024 order, the Bench said, “This is complete negligence on your part, you must come out with what you have done after 11th November 2024. You have to get the Chief Secretary of Delhi before us. How many occasions do we have to do this? Last week also, we had to do it for the compensation issue.”

The order came after Amicus Curiae Aparajita Singh said, “It’s shocking that in one month the Chief Secretary does not get the time to compile all the data and present the report to the court.

While hearing a 1985 PIL on pollution filed by lawyer-turned environmental activist MC Mehta, the Bench had directed Delhi Chief Secretary to call a meeting of the Municipal Corporation of Delhi (MCD) and other stakeholders and come up with a time-bound schedule for implementation of the Solid Waste Management Rules, 2016.

“It is a matter of immense importance that the 2016 Rules are implemented in their true letter and spirit in the capital city. As we have been noticing in other cases also, the 2016 Rules have remained on paper. If in the territory of NCT of Delhi, there is a complete failure to implement the 2016 Rules, one can imagine what must be happening in the other cities in the other parts of the country,” the Bench had said in its November 11 order.

The national capital is estimated to generate more than 11,000 tonnes of solid waste every day while the MCD has the capacity to process only 8,073 tonnes. Pulling up the MCD for a "sorry state of affairs" with regard to implementation of the 2016 Rules, it has earlier asked the Union Environment Secretary to convene a meeting of MCD and Delhi government officials to find a solution.

The MCD, however, told the Supreme Court on October 18 that by 2026 it will exceed its capacity of processing 11,000 tonnes of solid waste generated daily in the national capital.