Supreme Court Directs Delhi Municipal Corporation To Launch Awareness Campaign On Duties of Waste Generators

The Supreme Court on Tuesday (April 8) directed the Municipal Corporation of Delhi (MCD) to start a massive awareness campaign to inform the public about the duties of waste generators under Rule 4 of the Solid Waste Management Rules, 2016.Rule 4 of the 2016 Rules outlines the duties of waste generators, including residents, street vendors, gated communities, market associations, and institutions with areas exceeding 5,000 square meters. It mandates segregation of waste into biodegradable, non-biodegradable, and domestic hazardous waste; proper disposal of construction and horticultural waste; and prevention of illegal dumping, burning, or burying of solid waste. It also requires waste generators to pay user fees and follow other specified obligations."We direct MCD to start massive awareness campaigns about the duties of various stakeholders under Rule 4 of 2016 Rules by making advertisements in media both traditional, electronic and social media platforms", the Court directed.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan said this campaign should be conducted through traditional, electronic, and social media. It also directed the MCD to widely publicize the grievance redressal mechanism available through the MCD 311 app, where citizens can upload photographs to report violations of Rule 4."On MCD 311 app it is possible to register complaints. Wide publicity should be given to the fact that the citizens can lodge complaints about violation of duties of various stakeholders under Rule 4 by uploading photographs on the said app. If wide publicity is given to the availability of this grievance redressal mechanism and if it is able to generate awareness about Rule 4, large scale violations which are still happening can be reported by way of complaints on MCD 311 app so that the corporation can immediately take penal action against the violators", the Court observed.The Court also noted that MCD has decided to adopt various best practices followed in different cities across the country.The Court was hearing the MC Mehta case related to air pollution in Delhi caused by various factors such as untreated solid waste, firecrackers, vehicles, industries, stubble burning, etc.The Court referred to the Solid Waste Management By-laws, 2017 framed by the South Delhi Municipal Corporation, now applicable to the entire area under the MCD. The Court noted that By-law 12 and Schedule 2 provide for fines or penalties for violations of the 2016 Rules, and Rs. 9,59,390 had been recovered through challans. It also noted that 431 meetings had been conducted with stakeholders and that steps had been taken to comply with Rules 15(B), (C), and (D) of the 2016 Rules.The Court directed the MCD to implement the directions within one month, continue the measures listed in its affidavit dated March 17, 2025, and file a fresh compliance affidavit by the end of June 2025 with special emphasis on the implementation of Rule 4.The Court also directed MCD to deal with the Delhi government's affidavit stating that 27% of solid waste generated in Delhi remains unprocessed, noting that the 27% gap will have to be reduced in a phase-wise manner.Senior Advocate Menaka Guruswamy for MCD referred to MCD's affidavit dated 17 March 2025 and submitted that MCD had created 12 task forces, conducted 431 stakeholder meetings, and issued 2,011 challans amounting to Rs. 9.59 lakhs. MCD has registered 5,756 waste pickers and provided them with ID cards, PPE, and access to health insurance schemes, she said.She further told the Court that 3,059 bulk waste generators have been identified, and 1,449 of them registered on the MCD 311 app. She said efforts were ongoing to ensure registration of the remaining generators, and once registered, the compliance by bulk waste generators will be monitored through daily reports submitted by them on the app. Further, fine will be imposed for non-compliance, she said.Justice Oka noted that under Section 15 of the Environment Protection Act, fines range from Rs. 10,000 to Rs. 15 lakh and asked how much penalties were being imposed. Guruswamy said that under Section 15(C), adjudicating officers have been appointed via a notification dated 4 November 2024. She also pointed out By-law 12 and Schedule 2 of the 2017 By-laws, which prescribe penalties for violations of Rule 4.BackgroundOn December 18, 2024, the Court slammed the Delhi government for 3,000 metric tons of waste remaining untreated out of 11,000 metric tons of waste generated daily. Calling the situation “shameful” and “disastrous,” the Court sought detailed affidavits from the government on compliance with Solid Waste Management Rules, 2016, steps taken to prevent fires at landfill sites, and measures to reduce environmental damage.The Court warned that if immediate steps were not taken, it will impose restrictions such as halting construction activity to curb waste generation.On January 17, 2025, the Court expressed shock at the affidavit filed by the...

Supreme Court Directs Delhi Municipal Corporation To Launch Awareness Campaign On Duties of Waste Generators

Amisha Shrivastava

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