Delhi Pollution : SC Issues Notice On Plea Against Illegal Burning Of Bio-Medical Waste

The Supreme Court has issued notice in the matter regarding the rampant illegal and unauthorized bio-medical waste burning being carried out in South Delhi which is consequently creating severe risk for the health of the people residing in the adjacent area as well as increasing the deterioration of the air quality in the city.

The Intervention Application filed by Harshita Singhal, a 3rd-year law student of CLC, Delhi University, sought to bring to the attention of the Court the violation of the Order dated 04.11.2019 which had been passed in the case of M.C. Mehta v. Union of India [W.P. (Civil) No. 13029 of 1985].

The 4th November 2019 Order placed a complete prohibition and ban upon open-burning of garbage and solid-wastes within the municipal limits of the city. With regard to open dumping of waste and garbage, the Order stated that the Government of National Capital Territory of Delhi, as well as the municipal corporation, were directed "to chalk out an immediate plan and to ensure that waste and garbage to be removed to safe forthwith and also to ensure that no open dumping takes place."

The Intervenor, in her application, claims to have witnessed the burning of bio-medical waste on large tracts of land in the heart of the city on 31st October 2019. To corroborate the same, the Intervenor's colleagues conducted an inspection on 23rd November 2019 and confirmed the presence of the activity, in direct contravention of the 4th November order. The application also highlights the fact that the proximity of the illegal burning sites in Rangpuri Pahadi to the international airport poses a risk due to the reduction of visibility for the incoming aircraft.

Last week, Advocate Sidharth Arora, appearing on behalf of the Intervenor, sought to inform the Court that the indiscriminate burning of garbage and municipal waste in public areas was against the orders passed by the Supreme Court and he provided multiple photographs to buttress the stand.

On the basis of the same, the Bench of the Supreme Court of India, comprising of Justices Arun Mishra and Deepak Gupta, issued notice and directed a reply, if any, to be filed by 26.02.2020.

The matter is now listed on 28.02.2020.

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