The Supreme Court, today, directed the Union Government to convene a meeting with Delhi Governments officials to work out an immediate solution to the solid waste management in the NCT of Delhi. The Court also said that untreated solid waste will lead to a public health emergency.

The Bench of Justice Abhay S Oka and Justice Augustine George Masih directed, "We agree with the submissions made by Amicus that Delhi’s situation may lead to emergency as the generation of solid waste per day is above 11,000 tons per day and the capacity of the processing plants made available by MCD is only 8073 tonnes per day. Therefore more than 3000 tons per day of untreated solid waste is being generated in the city and we are sure that is figure will gradually go on increasing. In the affidavit filed by MCD, they have come out with the timelines, pointing out the litigation pending. We don't see light at the end of the tunnel as going by the affidavit and assuming that timelines therein abided by, there is no possibility of creating more facilities in Delhi even till 2027 which will have the capacity to deal with 11,000 metric tons of solid waste everyday. No guesswork is required to state that by that time the generation of solid waste will multiply. We agree with amicus curiae that this will lead to a public health emergency. This is a sorry state of affairs when it comes to the implementation of solid waste rules in the capital city. We, therefore, direct the Secretary of the Ministry of Environment of the Government of India to immediately convene a meeting of all state government officials, commissioners of MCD and its officials to work out an immediate solution to the issues."

The Court also directed the Secretary of the Government of India to submit a report to the Court for ensuring non-compliance of Solid Waste Management Rules, 2016 does not create a serious emergency in the city of Delhi.

Senior Advocate Aparajita Singh, Amicus Curiae, submitted that States have filed the Affidavit by the NCR States.

ASG Aishwarya Bhati submitted that the States have filed their Action Plans.

Senior Advocate Menaka Guruswamy appeared for the Municipal Corporation of Delhi ('MCD') and submitted that 11,000 tons of solid waste is generated everyday and they have the capacity for 8000 tons of solid waste. She further said that they have made plans to expand to 15000 tons and submitted that the matter is in litigation therefore, it is not easy for them to transfer the material to the plants.

Singh said, "This is a public health emergency. We have Indian Data and Foreign Data who have done their investigations, people are dying because of pollution in India. Now in this situation, can the centre or the State say that we will do it after three years? You invoke your emergency powers because this is a public health emergency. We don't realise it because it's summer but the moment winter comes, the air doesn't go as it is condensed, and you will see how toxic Delhi is. They are still debating about it...but it is the time for everyone to act."

Singh also submitted that with regards to the Remote Sensing Technology, which uses a mobile device which can be placed on the road or flyover to check pollution/emissions levels in the city, the Environment Pollution (Prevention & Control) Authority for the National Capital Region ('EPCA') had submitted a final report in 2019 and said that this technology may be used. She further submitted that in 2019, when EPCA had filed their report, the Apex Court asked the Ministry of Road Transport and Highways and the Ministry of Law to take a final decision on the matter.

She said that the decision has not been taken yet and they are still working on the modalities. Solicitor General Tushar Mehta appeared on behalf of the Union and requested a reasonable time for consideration.

The Court, in this regard, granted the time of two months to the Ministries to consider the recommendations given as regards the installation of Remote Sensing Technology.

On May 13, 2024, the Court had criticised the authorities concerned after they conceded that they will take until 2027 to build a facility of sufficient capacity for managing the solid waste generated in the capital city.

The Court, in April, 2024, had directed the Union and the State Governments to call a meeting for concerned authorities responsible for the implementation of the 2016 Rules. Furthermore, directed the Urban Development Department of the Government of India as well as the Delhi Government to convene a meeting and a concrete action plan shall be devised and placed before the Court on the next date of hearing.

Cause Title: M.C. Mehta v. Union of India & Ors. (Writ Petition (Civil) No. 13029 of 1985)

Justice Abhay S OkaJustice Augustine George MasihSolid Waste Management

Aastha Kaushik