Supreme Court Warns Delhi Government Of Contempt Action For Not Implementing Solid Waste Management Rules, Summons Chief Secretary

The Supreme Court on Monday (December 16) while hearing the ongoing MC Mehta case concerning environmental issues in the National Capital Region (NCR) pulled up the Delhi Government for the lack of compliance with the Solid Waste Management Rules, 2016 in the city.A bench of Justice Abhay S. Oka and Justice Manmohan noted that Delhi government had failed to comply with its order directing the Chief Secretary to conduct meetings and to furnish data of solid waste generated daily in the city and warned that it will initiate contempt action if compliance is not reported by December 18.On November 11, 2024, the Supreme Court had expressed concern over unchecked waste accumulation at landfill sites, construction-related waste, and the potential for fires at waste storage areas. The Court had directed the Delhi Chief Secretary to convene a meeting with relevant stakeholders, including the Municipal Corporation of Delhi (MCD), to discuss implementing the 2016 Rules. The stakeholders had to jointly prepare and file a report by December 13, 2024, detailing compliance timelines.“Notwithstanding specific directions given to the Chief Secretary of the Delhi government, compliance has not been reported. Even the basic data such as generation of solid waste every day is not placed on record. This aspect will be considered on 19th of December. We direct the Chief Secretary of the Delhi government to remain present through VC. He owes an explanation to the court for non-compliance”, the Court stated.The Court warned, “If by 18th of December, affidavit reporting compliance with order dated 11 November 2024 is not filed the court will initiate action under the Contempt of Courts Act against the concerned officials of the Delhi Government.”Amicus Curiae Aparajita Singh informed the Court that the Delhi Chief Secretary had failed to submit the report of the meeting mandated by the Court's order dated November 11, 2024. She stated, “It is shocking that in one month the Chief Secretary does not get the time to compile all the data and present the report to the Court.”Justice Oka questioned the Special Secretary of Urban Development Department, “Why have you given no data? We could have passed order like Bombay High Court to stop construction activities. Because construction of residential complexes generates solid waste.” Justice Oka further expressed frustration over having to summon the Chief Secretary to the court so that the court order is complied with, stating, “This is complete negligence on your part, you must come out with what you have done after 11 November 2024. You have to get the Chief Secretary of Delhi before us. How many occasions we have to do this? Last week also we had for the compensation issue.”On December 2, while hearing the air pollution matter the Court had summoned the Chief Secretaries of the NCR States to appear virtually over the default in paying subsistence allowance to labourers who are unemployed due to the ban on construction activities. The Special Secretary of the Urban Development Department, appearing virtually, apologized for the delays and requested additional time to compile the data.Greater Noida's Compliance and Expansion of Case The bench also reviewed the affidavit filed by the Greater Noida Industrial Development Authority regarding compliance with the 2016 Rules. The Court directed the Authority to submit a further affidavit detailing steps taken by January 31, 2025. The order clarified, “As this Court is dealing with all issues concerning implementation of Solid Waste Management Rules, 2016, by the Greater Noida Industrial Development Authority, we request the National Green Tribunal not to deal with the said issue for the time being.”Justice Oka remarked that the problem of solid waste management was not limited to Delhi or the NCR but was a pan-India issue. He indicated that the Court will expand its focus to address similar challenges in other cities, starting with NCR.The Amicus also highlighted the issue of fires at waste sites, exacerbating pollution, and said that non-compliance with the 2016 Rules was widespread across the country.On December 12, court commissioner Advocate Manan Verma had also highlighted huge garbage heaps set on fire in Gurgaon.Regarding the issue of air pollution in Delhi-NCR which will be heard on December 19, Justice Oka said that the Court will expand that issue to other major cities in the Country. “Give a list of other major cities with the problem of air pollution and whether for those cities some machinery can be created. We will expand this issue pan India. We should not give a wrong signal that sitting in Supreme Court we are only dealing with air pollution in Delhi”, he said to Amicus Curiae Aparajita Singh. The Court has earlier indicated its intent to expand the issue of air pollution to other cities.Case no. – WP (C) 13029/1985Case Title – MC Mehta v. Union of IndiaClick Here To Read/Download Order

Supreme Court Warns Delhi Government Of Contempt Action For Not Implementing Solid Waste Management Rules, Summons Chief Secretary

Amisha Shrivastava

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