Notify Solid Waste Management Bye-Laws Within 3 Weeks: Delhi HC To Lt. Governor [Read Order]

The Delhi High Court, last week, expressed its displeasure over the failure of the State in notifying the Solid Waste Management Bye-Laws, which were required to be notified in terms of the Solid Waste Management Rules, 2016, and have been framed jointly by the city’s civic bodies and environmental experts.

The Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar noted that "despite repeated directions" by it to notify the bye-laws, it has not been done till date.

The Court then observed, "The Bye-laws of the Solid Waste Management Rules, 2016 have to be notified in exercise of powers under the Environment Protection Act. The local bodies were only required to frame the rules which has been effected and we have no manner of doubt that the notification of the bye-laws which have been framed under Rule 15 of the Solid Waste Management Rules, 2016 has to be effected by the Lieutenant Governor of Delhi."

It also noted that the Bye-Laws have been approved by the Commissioners of all Corporations and all other local authorities/bodies in Delhi. The implementation, it said, is only awaiting the notification by the LG. It then directed the LG to notify the Bye-Laws within three weeks.

The Court is hearing two PILs filed by Advocates Gauri Grover and Arpit Bhargava,  who have sought directions to the authorities to take concrete steps for prevention of the spread of dengue, chikungunya and malaria. During one of the hearings, the Court had opined that garbage and lack of cleanliness contributed to spread of such vector borne diseases, and had then begun looking into the issue of solid waste management. The matter has now been listed on 16 January.