Solid Waste Management Rules Remain On Paper: Supreme Court Warns Delhi of “Harsh Orders” Over Failure To Implement 2016 Rules

The Supreme Court on Monday (November 11) expressed concern over lack of implementation of the Solid Waste Management Rules, 2016, highlighting issues like unchecked waste accumulation at landfill sites, waste from construction, and the risk of fires at waste storage areas.

A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing the MC Mehta case concerning pollution management in Delhi NCR, focusing on issues related to vehicular pollution, solid waste management, and stubble burning in the NCR states.

“It is a matter of immense importance that 2016 Rules are implemented in its true letter and spirit in the capital city. As we are noticing in other cases, 2016 Rules have remained on paper. In the territory of Government of Delhi if there's a complete failure to implement 2016 Rules one can imagine what must be happening in other cities in other parts of the country. If we find that all the authorities do not come together and tell us that time bound schedule for implementation of the 2016 Rules the court may have to consider passing harsh order”, the Court observed.

The Court highlighted concerns regarding waste accumulation at landfill sites, construction activities contributing to waste, and the potential for fires at waste storage areas.

“On one hand there is no implementation of 2016 Rules as a result of which the garbage is being stored in landfill sides which are prone to fires and on the other hand there is a large number of construction activities going on in the state which obviously adds to the generation of solid waste and construction waste as well”, the Court pointed out.

The Court directed the Chief Secretary of the Delhi Government to convene a meeting of all relevant stakeholders, including the Municipal Corporation of Delhi (MCD), to discuss implementing the Solid Waste Management Rules, 2016. The stakeholders have to jointly prepare and file a report by December 13, 2024, detailing compliance timelines.

The Delhi Government is also required to submit data on daily solid waste generation in the city. The Municipal Corporation of Delhi told the Supreme Court last month that it expects two solid waste management projects to go ahead which will result in MCD surpassing the required waste management capacity by 3,000 metric tons daily by 2026.

The Court authorized the Chief Secretary to summon officers from the Union Government if necessary and permitted him to approach the Court if any stakeholders failed to cooperate. The Court set December 16, 2024, as the date for the next hearing on this matter.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India