'Segregation Of Waste At Source Vital': Supreme Court Seeks Affidavits From NCR States On Compliance With Solid Waste Management Rules

Dealing with the issue of solid waste management in the National Capital Region, the Supreme Court today called on states in the NCR to file comprehensive affidavits dealing with compliance made by all urban local bodies therein with the provisions of Solid Waste Management Rules, 2016.

A bench of Justices Abhay S Oka and Ujjal Bhuyan passed the order, further directing the Central Pollution Control Board to file a report on the impact of waste-to-energy projects on the environment and public health.

When Senior Advocate Aprajita Singh (acting as Amicus Curiae ) flagged the issue of non-segregation of waste, the Court also directed that the affidavits sought from the NCR states shall contain a comprehensive plan for waste management with timelines and implementing agencies.

"As rightly submitted by learned Amicus Curiae, the segregation of waste at source is of vital importance for environment. If there is no proper segregation, even waste-to-energy projects will create more pollution", dictated Justice Oka.

During the hearing, the Amicus' contention was that segregation of waste is vital, but it is not happening, and unsegregated waste going to waste-to-energy plants causes more pollution. She further informed that segregation percentages were low in the MCD area, Gurugram and Faridabad.

Additional Solicitor General Aishwarya Bhati, on her part, submitted that the CPCB, instead of the Commission for Air Quality Management (CAQM), will be in a better position to deal with solid waste management.

Accordingly, the directions were passed by the Court, while giving liberty to the concerned urban local bodies in the NCR states to also file affidavits. The CPCB report and the states' affidavits are to be filed by the end of March.

Notably, after dictating the order, Justice Oka reiterated an earlier sentiment that in the case of Delhi, if non-compliance with the Solid Waste Management Rules is found, restraints would be put on construction activities. "More construction [means] more solid waste...", the judge said.

Justice Oka further highlighted that about 9 years have gone by since the 2016 Rules came into effect; as such, the situation can't be taken lightly. "Non-compliance with 2016 Rules is affecting all cities across India...", the judge remarked.

Pointing to the smart cities in progress, reference was also made by the judge to another order, where the Court has questioned how cities can become smart without complying with Solid Waste Management Rules.

Before the bench parted with the matter, the Amicus informed that today's AQI (in Delhi) was 140 despite low wind speed. However, Justice Oka smiled and said that it's a temporary relief and it is uncertain as to what would happen in October 2025 (the month when pollution levels in Delhi routinely rise).

Case Title: MC Mehta v. Union of India, WP (C) 13029/1985 

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