Solid waste management rules remain on paper, SC warns Delhi govt, MCD of 'harsh orders'

Expressing concern over "unchecked waste accumulation at landfill sites, waste from construction, and the risk of fires at waste storage areas," the Supreme court has warned the authorities of “harsh orders” if the Solid Waste Management Rules, 2016 were not implemented in a time-bound manner.

While hearing a 1985 PIL on pollution filed by lawyer-turned environmental activist MC Mehta, a Bench led by Justice AS Oka 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 – which also included Justice AG Masih -- said in its November 11 order.

“All the stakeholders must come together and file a common report before this Court laying down the timelines for reporting compliance with the provisions of the 2016 Rules. This exercise of holding a meeting and coming out with a common response shall be completed by 13th December, 2024”, it said.

“If we find that all other authorities do not come together and tell us the time-bound schedule for implementation of the 2016 Rules, the Court may have to consider passing harsh orders,” it said, posting the matter for further hearing on December 16.

The national capital generates 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.

On October 18, the MCD told the Supreme Court that by 2026 it will exceed its capacity of processing 11,000 tonnes of solid waste generated daily in the national capital. "By 2026, we will not only be able to meet the new waste generated on a daily basis but also be ahead of it by 3,000 tonnes a day. We have started the tender process and in the next two weeks, we will be able to finalise the bids for the purpose," it had submitted.

However, in its November 11 order, the Bench said, “On one hand, there is no implementation of the 2016 Rules as a result of which the garbage/solid waste is being illegally stored in landfill sites which are prone to fires and, on the other hand, there are a large number of construction activities going on in the State which obviously adds to generation of solid waste and construction waste as well.”

It said, “The Delhi Government must come out with the figures for the daily generation of solid waste in the city while submitting the report. If the involvement of any department of the Government of India is required in the implementation of the 2016 Rules, we authorise the Special Secretary of the Environment Department of the Delhi Government to call the concerned officers of the Union of India for the meeting. If the Special Secretary finds that any of the stakeholders are not cooperating, we permit him to move an application to this Court to seek directions.”