Solid Waste Management At Delhi Airport Not Under Purview Of MCD: High Court

The Delhi High Court has held that the Municipal Corporation of Delhi cannot assert its right to manage solid waste generated in the Delhi Airport zone.Justice Jyoti Singh ruled that the Airports Authority of India, responsible to manage the Airports, has empowered the Delhi International Airport Ltd. (DIAL) to step in its shoes and thus exercise power as the local body/authority in respect of the Airport Site.AAI has executed an Operation Management and Development Agreement (OMDA) with DIAL for operation, management and development of the Indira Gandhi International Airport, Delhi.Clause 2.1.1 of OMDA vests in DIAL exclusive rights and obligations to perform services and activities constituting 'Aeronautical Services' and 'Non-Aeronautical Services' at the Airport.Schedule 5 of OMDA details the aeronautical services and includes at Item 50 'waste and refuse treatment and disposal'.Though MCD argued that solid waste management is its exclusive municipal function under the Delhi Municipal Corporation Act, 1957, the High Court held,“DIAL is an exclusive custodian of the Airport Site…While MCD may be performing the function of solid waste management in the municipal area, as defined in the DMC Act and may continue to do so, but in so far as the Airport Site is concerned, MCD cannot assert its right to manage the solid waste.”It reasoned, “even if solid waste management is the obligation of a Local Body, by a Cabinet Decision taken in a meeting held on 29.12.1997, AAI was designated as a Local Body for the Airport Site and by virtue of OMDA, DIAL has stepped into the shoes of AAI and is empowered to manage solid waste at the Airport Site.”The development comes in a petition filed by DIAL against inclusion of Airport Zone in MCD's notice inviting tenders for setting up a facility for management of dry solid waste in Najafgarh Zone.MCD argued that 'Solid Waste Management' is a municipal function to be carried out by a municipal authority in the ordinary course of its statutory obligation as mandated by Article 243W of the Constitution.It also relied on Rule 2 of the Solid Waste Management Rules, 2016 to contend that the body has control of areas under Indian Railways, Airports, Airbases, Ports and Harbours, Defence Establishments etc. for waste management.Unconvinced, the High Court held,“To my mind, the objective of 2016 Rules was not to create any monopoly in the MCD but to scientifically manage solid waste in order to protect and improve the quality of environment as also control environment pollution…Rule 2 of 2016 Rules provided that these Rules shall apply to every urban local body, outgrowths in urban agglomerations, census towns as declared by Registrar General and Census Commissioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways, Airports, airbases, Ports and harbours, defence establishments, special economic zones etc. It is thus clear that 2016 Rules contemplate application to urban local bodies and entities other than municipal authority.”So far as Article 243W is concerned, the High Court said it is merely an enabling provision to enable the State to make laws regarding a municipal corporation and to bestow powers and authorities on it to carry out responsibilities enumerated in Twelfth Schedule of Constitution. “At the highest, this implies that if the State makes laws vesting powers in a municipal corporation, it can carry out the responsibilities ordained on it but if the State Legislature and/or Parliament does not enact a law or a Statute giving such powers as laid down in the Constitution, the municipality will not be in a position to carry out the responsibilities and the functions. Therefore, this Article only enables the State Legislature to endow powers and authority on municipalities and cannot be read to mean that only MCD can carry out the function of solid waste management, to the exclusion of all others.”MCD had also asserted that 'Public Health and Sanitation' falls under Entry No. 6 of State List under Seventh Schedule of the Constitution and by virtue of this provision, it is the sole authority for solid waste management in the municipal area of Delhi. Disagreeing, the High Court said, “this argument is wholly irrelevant to the present controversy since there is no State Legislation in the present case on which reliance is placed by MCD. On the other hand, DIAL's source of authority to manage solid waste at the Airport Site emanates from Sections 12 and 12A of AAI Act, which is a Central Legislation under Entry 29 of Union List for 'Airways, Aircraft and air navigation'.”In conclusion, the Court held MCD cannot include any part of Airport Site in the impugned Tender Notice for solid waste management.As such, it allowed the writ petition and quashed the impugned Tender Notice to the extent its Scope of Work includes Airport Zone.Appearance: Mr. Rajiv Nayar, Senior Advocate with Ms. Anuradha Dutt, Mr. Anish Kapur, Ms. Suman Yadav, ...

Solid Waste Management At Delhi Airport Not Under Purview Of MCD: High Court

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