Steps Taken For Two New Solid Waste Management Projects : Delhi Municipal Corporation Tells Supreme Court

The Municipal Corporation of Delhi told the Supreme Court on Friday that it expects two solid waste management projects to go ahead within two weeks which will result in MCD surpassing the required waste management capacity by 3,000 metric tons daily by 2026.

“We have received bids. After this hearing, my lords, in the next two weeks, we will process those bids and these projects will go ahead. This means my lords that by 2026 not only will we meet the new waste that is being generated, we will be ahead of it by 3000 metric tons a day”, Senior Advocate Menaka Guruswamy for MCD told the court.

A bench of Justice Abhay Oka and Justice A.G. Masih directed the MCD to file an affidavit regarding steps taken by the MCD.

The Court was hearing the MC Mehta case on the issue of inadequate of solid waste management in Delhi and the National Capital Region (NCR). The Court had previously expressed grave concern over the poor state of solid waste management in Delhi, describing it as a potential public health emergency.

Guruswamy today informed the bench that the Delhi government had passed a notification allowing MCD to execute contracts for two solid waste management projects worth over Rs. 5 Crores provided the details are intimated to the MCD Standing Committee once it is formed.

“Money was needed for this, otherwise nothing can happen”, Justice Oka remarked.

The notification noted that the management of solid waste in Delhi is an obligatory function of the MCD under Section 42 of the Delhi Municipal Corporation (DMC) Act, 1957. The MCD is required to enter into contracts with agencies for the collection, management, and disposal of waste in accordance with the Solid Waste Management Rules, 2016.

However, the Standing Committee of the MCD, which has the power to approve contracts exceeding Rs. 5 crores, has not been constituted resulting in delays in executing necessary contracts.

The GNCTD issued the notification under Section 202 of the DMC Act, empowering the Commissioner of MCD to execute contracts for specific solid waste management projects.

Justice Oka inquired about the actions taken following this notification. Guruswamy responded that bids had been received and the MCD would process them within two weeks.

Justice Oka directed the MCD to file an affidavit recording these developments and the progress of the tender process.

In its order, the Supreme Court took note of the notification issued by the GNCTD on October 14, 2024. The Court directed the MCD to file an affidavit detailing the steps taken pursuant to the notification. This affidavit is to be submitted by November 8, 2024, and the Court listed the next compliance hearing for the MCD regarding solid waste management for November 25, 2024.

Background

In July 2024, the Court deplored the “sorry state of affairs” in Delhi regarding the treatment of solid waste. At that time, the Court noted that the capital city generates 11,000 metric tons of waste daily, but the processing capacity stood at only 8,073 metric tons, leaving a significant amount of waste untreated. The bench warned of a potential public health emergency, stating that by 2027, when the MCD's planned waste processing facilities would be operational, the city's waste generation would have increased considerably, exacerbating the situation.

The hearing had also highlighted the challenges faced by the MCD due to the non-constitution of its Standing Committee, which left the Corporation unable to approve contracts for solid waste management projects. Senior Advocate Guruswamy had sought permission for the MCD to approve contracts beyond Rs. 5 crores until the Standing Committee was formed.

The Court had directed the GNCTD to make an appropriate decision on delegating financial powers to the MCD, warning that if this permission was not granted, the Corporation would be unable to comply with the 2016 Solid Waste Management Rules.

Case no. – Writ Petition (Civil) No. 13029/1985

Case Title – MC Mehta v. Union of India & Ors.