Delhi Waste Problem : Supreme Court Asks Authorities To Consider Restrictions On Construction Activities In NCR

The Bench of Justice Abhay S. Oka and Ujjal Bhuyan also added in today's order that the generation of untreated solid waste in such huge quantities directly affects the fundamental right of the citizens under Article 21 of the Indian constitution to live in a pollution-free environment.

Previously, the Division Bench had flagged concerns regarding the non-treatment of 3000 tonnes of Municipal Solid Waste in Delhi. The Court had also highlighted the non-compliance with the Solid Waste Management Rules, 2016. In this respect, the Court issued a notice to the MCD.

In the course of today's hearing, the Court noted that this is a vital issue for the Capital and that this issue should travel beyond politics.

“We are worried about this, what the whole world will say, in the capital city of India 3800 tones of waste being untreated everyday as of 2024. What will happen in 2025?,” Justice Abhay S. Oka stated.

Senior Advocate Maneka Guruswamy, representing MCD, informed the court that only by June 2027 will a facility to deal with the excessive quantity of 3800 tons of solid waste come up. In this respect, the Court raised concerns that in three years, this waste will increase from 3000 tonnes and went on to record the following in order:

“It is an admitted position by all concerned that within the limits of MCD, every day there is the generation of 3800 tones of solid waste which cannot be treated in the sense that the existing plants do not have the capacity to treat the same. This is the sorry state of affairs in the capital city of Delhi. We are told that only by June 2027, a facility will come into existence which will be able to deal with the excessive quantity of 3800 tones of solid waste which means that for a period of more than three years from now, Delhi will have 3800 tonnes of solid waste accumulated in some place....this possess great danger to the environment of the capital city.”

In its earlier order, the Court had also asked the Union government to come up with a concrete action plan and place the same before the Court.

Today, the Court perused the affidavit of the Ministry of Housing and Urban Affairs, which showed the generation of solid waste per day was more than its processing capacity per day, in the cities of Gurugram, Faridabad, and Greater Noida. The Court described the same as shocking and recorded:

“Considering the development which is taking place in Delhi and surrounding areas it is obvious that the waste will increase and MCD and other authorities, connected with the aforesaid cities are not in the position to deal with the same. Therefore, the immediate measure, to ensure that the present quantity of untreated solid waste should not increase till proper facilities are not in place, all the authorities will have to consider various methods including putting restraints on construction activities.”

In view of this, the Court directed the secretary of the Ministry of Housing Affairs to convene a meeting of all concerned authorities governing the aforesaid areas to find a solution.

“In the event, the authorities fail to come out with concrete proposals , we will have to consider passing drastic orders.,” the Court added in its order.

The Court also noted that the prima facie impression was that none of the authorities bothered to consider the drastic consequences of not having adequate capacity to deal with solid waste generated every day.

“We may add here that the generation of untreated solid waste in such huge quantities...directly affects the fundamental rights of the citizens under A21 of the Indian constitution to live in a pollution-free environment. For considering these aspects, list on July 26.,” the Court concluded.

The present order was preceded by the Court's order, passed in October last year, asking the Commission for Air Quality Management (CAQM) to inform about the steps taken concerning air pollution in and around the National Capital. Taking into account what was stipulated in this CAQM report, the Court expressed shock and dismay last month at how Solid Waste is being managed in the national capital despite the Solid Waste Management Rules, 2016.

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