Read Time: 08 minutes

Synopsis

While questioning the state of affairs in the national capital, the Supreme Court of India came down heavily on the MCD after reviewing an affidavit submitted by them, which stated that untreated solid waste would be cleared by December 2027.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan observed: "You have made a promise that it will be cleared by December 2027. You must file an affidavit stating where you are dumping these 3,000 tonnes of untreated solid waste every day. Just see the brazen manner in which this affidavit has been filed. You are saying this illegality will continue until December 2027," Justice Abhay S. Oka led bench remarked.

The bench, also comprising Justice Ujjal Bhuyan, further asked:"Where does the untreated solid waste go?". In response, Senior Advocate Menaka Guruswamy, appearing for the MCD, stated that the waste is taken to landfill sites at Bhalswa and Ghazipur. She further submitted that a bench led by Justice Gavai had passed a judgment regarding a waste treatment plant, which would effectively address the issue at hand.

Clarifying that the hearing was restricted to fires occurring at dump sites, Senior Advocate Guruswamy assured the Court that she would address issues related to solid waste management on January 27.

While addressing the Union of India, Justice Oka said: "The Union of India cannot shut its eyes. We propose to pass an order restricting new constructions. Some drastic action has to be taken. Look at the affidavit—there’s a huge heap of waste that is supposed to be cleared by December 2027. Today, it is 3,000 tonnes of solid waste daily, and after a year, it might increase to 5,000 tonnes per day," he added.

Appearing for the Union, ASG Aishwarya Bhati informed the Court that the Ministry of Housing and Urban Affairs had been engaged to carry out an exercise with the stakeholders and file an affidavit.

During the previous hearing, the Supreme Court had asked the Delhi government and the MCD to explain how far the authorities have complied with the Solid Waste Management Rules of 2016.

On December 19, while expressing concerns over non-compliance, the Supreme Court of India directed the Chief Secretary of the Delhi government to remain present via video conferencing (VC) on December 19.

A bench of Justices Abhay S. Oka and Justice Manmohan, while passing the said orders, observed, “If an affidavit reporting compliance with the order dated November 11, 2024, is not filed, the court will initiate action under the Contempt of Courts Act against the officials concerned of the Delhi Government.”

During the hearing, Senior Advocate Aprajita Singh, appearing as Amicus Curiae in the case, deemed it shocking that the Chief Secretary had been unable to compile all the data in one month.

Addressing the issue of the implementation of the Solid Waste Management Rules 2016 by the Greater Noida Development Authority, the court directed the authority to file a further affidavit reporting the steps taken on or before January 31, 2025.

“We make it clear that this court is dealing with all issues concerning the implementation of the Solid Waste Management Rules 2016 by the Greater Noida Industrial Development Authority. We request the National Green Tribunal not to deal with the said issue for the time being,” it added.

According to the order dated November 11, 2024, the court had directed the Delhi government to provide data regarding the daily generation of solid waste while dealing with MC Mehta case pertaining to Pollution in Delhi NCR On December 5, the Supreme Court had allowed the relaxation of Graded Response Action Plan (GRAP) Stage IV measures to GRAP Stage II.  The court had also directed CAQM to incorporate certain additional measures from Stage III.  

Case Title: MC Mehta vs. Union of India