Supreme Court Agrees To Hear Delhi Govt's Appeal Against NGT Order Appointing LG As Head Of Solid Waste Monitoring Committee

An appeal filed by the Delhi Government challenging the National Green Tribunal’s (NGT) decision to appoint Lt. Governor (LG) as head of a Solid Waste Monitoring Committee was listed today before the Supreme Court. A Division Bench, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, heard the appeal.

At the commencement of the proceedings, Senior Advocate Abhishek Manu Singhvi, appearing for the government of NCT of Delhi, summarised the impugned order. At this, Justice Kaul interjected saying: “After the judgment of the Supreme Court, The LG’s role was minimised.”

However, Singhvi argued that the role of the LG in National Capital Territory of Delhi is limited in three matters. He further elucidated the same by referring to the Supreme Court judgment in (State (NCT of Delhi) v. Union of India (2018) 8 SCC 501), wherein it was held that, “the elected government of the NCT of Delhi has exclusive executive powers over all subjects in the State and Concurrent List, apart from the three excepted subjects of ‘public order’, ‘police’ and ‘land’.” Singhvi went on to submit that now there is an Act (The Government of National Capital Territory of Delhi (Amendment) Act, 2023) and the same does not touch the aspect of “solid waste management”.

He submitted that Constitution Bench judgments of the year 2018 and 2023 (Government of NCT of Delhi v. Union of India, 2023 LiveLaw (SC) 423) applies with full force. It is important to note that in the said 2023 judgment, Apex Court held:

“National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land.”

Justice Kaul “All I want is the other side to be here”.

He stressed that now since the Parliament has passed a law thus, it is important to hear the other side to know that how this law will affect the present case.

Thus, the Bench listed the matter for September 25^th.

Case Background

NGT Principal Bench, New Delhi, in its impugned order dated 16.02.2023, appointed LG as head of the Solid Waste Monitoring Committee for the purposes of handling solid waste management in Delhi.

Other members of the Committee were Chief Secretary, Delhi, who will act as Convener, Secretaries, Urban Development, Forest and Environment, Agriculture, and Finance, Delhi Government, Vice Chairman, DDA, Secretary or his nominee (not below the rank of Additional Secretary), Ministry of Agriculture, GoI, D.G. Forest or his nominee (not below the rank of DDG), MoEF&CC, GoI, Secretary, MoUD or his nominee not below the rank of Additional Secretary, Secretary, MoEF&CC or his nominee not below the rank of Additional Secretary, Chairman CPCB, Commissioner, Municipal Corporation of Delhi and jurisdictional District Magistrates and DCPs

The purpose of the Committee was to deal with all issues relating to solid waste management including setting up of new waste processing facilities, augmenting existing waste processing facilities and remediation of legacy waste sites. The tribunal, in its impugned judgment, observed:

“we are of the view that in the given situation when emergent situation remains untackled after monitoring at the level of Hon’ble Supreme Court for 18 years and at the level of this Tribunal for the last nine years, monitoring should now be at the highest level of Administration in Delhi”

The present appeal was filed through Advocate Shadan Farasat under Section 22 of the NGT Act, arguing that the appointment of LG as the head of the said committee in the order passed in February is violative of the Constitution.

“The executive power for matters relating to local governance lies exclusively with the State Government (GNCTD) under the Constitution, except to the extent limited by an express Parliamentary law,” the plea stated.

Further, it also highlighted that “Public health, sanitation and Solid Waste Management” is enshrined under Entry 6 of Schedule 12 of the Constitution which gives power to the local government i.e. the municipal corporations in Delhi to deal with the issues concerning the same.

Referring to Article 239AA of the Indian Constitution, the Delhi Government has argued that “LG is only a nominal figurehead except in areas of police, order and land where he exercises his powers in lieu of the power designated by the Constitution.”

It has been contended that, “the remedial steps as suggested by the NGT such as setting up new waste processing facilities, augmenting existing waste processing facilities and remediation of legacy waste sites are all which require budgetary allocations that are authorised by the Delhi Government. Hence, the role of the elected government becomes extremely necessary in this regard.”

The NGT’s decision is clearly in violation of the federal principles which govern the NCT of Delhi as it is taking away the power of allocating finances from the Delhi government, it said.

Case Title: GOVT. OF NCT OF DELHI v. NATIONAL GREEN TRIBUNAL AND ORS., Diary No. 23224-2023

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