Supreme Court Slams Centre, MCD Over Lack Of Efforts To Manage Untreated Solid Waste In Delhi, Warns Stoppage Of New Constructions

The Supreme Court today slammed the Municipal Corporation of Delhi over an affidavit filed by it stating that untreated solid waste in the national capital would be dealt with by December 2027.

Emphasizing on the role of Union of India in the matter, the court also said that the Union can't shut its eyes to the rising solid waste management issues.

A bench of Justices Abhay S Oka and Ujjal Bhuyan was hearing the MC Mehta case pertaining to air pollution in Delhi, when it came upon the counter-affidavit filed by MCD, which it found "shocking" and "brazen".

To recap briefly, the Court had earlier flagged the dumping of 3,800 tons of waste daily at Ghazipur and Bhalswa, directing Delhi government to submit a detailed affidavit by January 15, 2025, outlining measures to prevent fires and mitigate environmental harm at these sites.

Today, going through the relevant affidavit, the bench noted that it did not state as to where the 3000 tons of untreated waste was being dumped daily or the fact that till the time the waste is treated, 3000 tons will be added daily. "You don't say where the 3000 tonnes of untreated solid waste goes. You have made a tall promise that by 2027 it will be cleared, and you have not accounted for 3000 tons of dumping. You must file an affidavit stating where you're dumping 3000 terms of solid waste every day because the affidavit is completely silent. Just see the brazen manner in which the affidavit is filed", said Justice Oka.

In response, Senior Advocate Menaka Guruswamy, for MCD, submitted that a bench led by Justice BR Gavai has passed a judgment regarding a waste treatment plant, which would take care of the issue of waste treatment and Delhi would be in compliance by December 2027. Highlighting that today the matter was listed merely for the consideration of fires occurring at dump sites, the senior counsel urged that she would answer the issues related to solid waste management on January 27 (when the same are scheduled to be taken up).

Turning to Additional Solicitor General Aishwarya Bhati (representing the Union), the bench also enquired the stance of the Union. "How can Union of India remain silent? What action does it want to take? Union of India cannot close eyes. They should take action against whosoever is not performing. In capital city this is happening. What we propose to do is that we will pass an order putting restrictions on new constructions", Justice Oka remarked.

Lamenting the mounting heaps of waste in the national capital and calling for alternative dumping grounds, the judge warned that the Court can take drastic measures, such as stopping new constructions, to address pollution. "Such issues will have to be dealt with in drastic manner only. Construction will create more waste which cannot be dealt with. So the 3000 tons will go to 5000 tons within no time."

Senior Advocate Aprajita Singh (acting as Amicus), on her part, informed the Court that the Union and Delhi governments are not coordinating. Responding to this, Justice Oka said, the Court will make them coordinate. The Amicus also suggested that the MCD take on multiple agencies, instead of just one, to clear the 45 lakh metric ton of legacy waste as soon as possible.

The Court will now consider the matter on January 27, 2025.

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India