3000 Tonnes Of Solid Waste Not Processed Daily In Delhi : Supreme Court Expresses Concerns

The Supreme Court recently observed that 3000 tonnes of Municipal Solid Waste is not being processed in Delhi on a daily basis and flagged concerns inter-alia about non-compliance with the Solid Waste Management Rules, 2016.

The Bench of Justices Abhay S Oka and Ujjal Bhuyan was considering a report filed by the Commission for Air Quality Management (CAQM) with respect to the national capital and other adjoining areas, in pursuance of its earlier directions. Based on the report primarily, an order was passed dealing with the following aspects. 

Municipal Solid Waste Management in Delhi

Taking into account what was stipulated in the CAQM report, the Court expressed shock and dismay at how Solid Waste is being managed in the national capital despite the 2016 Rules having remained in force for the last 8 years.

"...though the average daily generation of Municipal Solid Waste (MSW) in Delhi is around 11,000 tonnes, the capacity of the present waste processing plants is only to the extent of about 8,000 tonnes per day. Therefore, in the capital city, every day, 3,000 tonnes of MSW is generated which cannot be processed. Obviously, that is adding to the pollution."

To deal with the non-compliance, it issued notices to the New Delhi Municipal Corporation and Cantonment Board, Delhi. The Municipal Corporation of Delhi was represented by Senior Advocate Wasim A Qadri, who was asked to take instructions on the aspect from the Department.

The Court further directed the Union government (through its Urban Development Department) and the Delhi government to call a meeting of all authorities charged with implementation of the 2016 Rules (including the 3 mentioned above). A concrete action plan has been asked to be devised and placed before the court.

In addition, the CAQM has been asked to file a comprehensive report regarding non-compliance of 2016 Rules in Delhi.

The matter, on this aspect, will be heard on May 13.

Vacancy in Pollution Control Boards

Going through a chart handed over in court by Senior Advocate Aparajita Singh (who is appearing as Amicus in the case), the bench noted that a number of posts in Pollution Control Boards of various states are vacant. As such, it directed the States/UTs of Delhi, Haryana, Punjab, Rajasthan and Uttar Pradesh to file affidavits furnishing the number of vacant posts in their PCBs and the steps taken to fill them.

The affidavits shall be filed by the said States/UTs within 2 months. The matter, limited to this aspect, will be considered on July 10.

Issues pertaining to construction activities, stubble burning, etc.

Besides the abovementioned, the court recorded in its order certain other issues. These included registration of construction sites involved in construction and demolition (C&D) activities on web portals; selective closure of C&D activity sites that are in non-compliance; and prevention and control of stubble burning/farm fires.

It was remarked that C&D activities create dust pollution and as such "stricter action is required against the non-compliant C&D sites".

These issues shall be considered on May 13.

Case Title: MC Mehta v. Union of India & Ors., WP(C) No. 13029/1985

Click here to read/download the order