SC Criticises MCD Over Waste Management Failures

Expressing grave concerns over the escalating issue of untreated solid waste in Delhi, the Supreme Court has warned the Municipal Corporation of Delhi (MCD) that it must ensure the implementation of the Solid Waste Management Rules, 2016, even at the risk of being perceived as “unfair.” The apex court emphasised that failure to address this growing problem could lead to a public health emergency in the national capital.

A bench of Justices, after reviewing an affidavit submitted by the MCD, remarked, “We do not see light at the end of the tunnel, as per the affidavit… there seems to be no possibility of establishing adequate facilities for processing the generated solid waste in Delhi even until 2027.”

The court highlighted that the critical issues plaguing the capital are entangled in a conflict between the Centre and the Delhi government. It urged the Secretary of the Union Environment Ministry to promptly organise a meeting with state government officials, the Commissioner of MCD, and other relevant parties to devise an immediate solution. Furthermore, the Supreme Court directed the Centre to submit a report outlining the immediate measures that will be taken to ensure compliance with the 2016 rules and prevent the situation from escalating into a severe emergency.

Justice Oka, addressing concerns over potential criticism, stated, “If someone wishes to accuse us of being unfair, we will gladly accept that allegation because I have faced such accusations for the past 21 years. Even at the risk of such allegations, I will ensure that these laws are implemented.” Justice Oka stressed that the situation in Delhi could indeed lead to an emergency, noting that the city generates over 11,000 metric tonnes (MT) of solid waste per day, while the capacity of the MCD’s processing plants is only 8,073 MT. Consequently, more than 3,000 MT of untreated solid waste is being generated daily.

An official from the MCD informed the court that the corporation had requested the Government of the National Capital Territory of Delhi (GNCTD) to grant it the authority to take on contracts and tenders exceeding Rs 5 crore. However, the standing committee has not been convened, resulting in an impasse. The bench directed the GNCTD to immediately consider the proposal and make an appropriate decision within three weeks. In a lighter vein, Justice remarked, “Not only people but genuine issues affecting the capital city are caught in the crossfire between the Centre and the Delhi government.”

The court also noted that the situation in neighbouring cities like Gurugram, Faridabad, and Greater Noida is similarly dire. It instructed the Secretary of the Ministry of Environment to convene a meeting with the municipal commissioners of these cities, along with officers from the Greater Noida Development Authority and secretaries of the environment departments of the respective state governments, to formulate immediate solutions for the crisis.