Supreme Court lashes out at Delhi authorities over waste management crisis

The Supreme Court criticized the Delhi government and the Municipal Corporation of Delhi (MCD) on Dec 19 for their inaction in the case, calling it "shameful" and "shocking" that about 3,000 tons of waste produced every day in the nation's capital go untreated.

"This is shameful. In the capital city of the country, this is happening,” said a bench of justices, Abhay S Oka and AG Masih, who expressed displeasure with the disregard for the Solid Garbage Management Rules, 2016, and questioned the sincerity of the authorities in dealing with Delhi's garbage problem.

The court order said, “This is a shocking state of affairs that in the municipal areas of the national capital, there is the generation of 3,000 tons of untreated solid waste every day. One can only imagine the drastic impact of such untreated waste on the environment.”

The Delhi chief secretary was called by the bench via video conference to provide an explanation during the Dec 19 proceedings.

The court, however, found the answers insufficient, especially in light of the lack of precise data and the slow advancement of waste-processing capacity.

The court was notified by the chief secretary that a meeting had been convened to discuss the 2016 Rules' implementation. The bench, however, was not impressed.

“You are talking about facilities to be established, but the generation of waste will increase. Where is the data on the escalation of waste generation? The basic error is that you are still talking about 2016 rules without considering current realities,” said the court.

"Eight years have passed since these rules came into force, yet the Delhi government cannot even tell us which timelines have been met and which remain pending," the bench said, demanding clarification on compliance with the timelines under the 2016 rules.

Aparajita Singh, a senior advocate who has been supporting the bench as an amicus curiae, questioned the credibility of the data by pointing out that the same waste generation figures were provided in affidavits filed in July and more recently.

“They are showing the same numbers from months ago without explaining why waste generation has not increased or what steps have been taken,” she said.

Menaka Guruswamy, a senior advocate for MCD, tried to explain the delays by pointing to ongoing legal proceedings in the high court involving waste management plant tariffs before a different bench.

Singh, however, disagreed with these claims, describing the submissions as "unfair" and inquiring as to how frequently the Delhi government or the MCD requested an early hearing in these matters.

The bench went on to point out in its ruling that Delhi produces about 11,000 tons of solid trash per day, with 3,000 tons going to waste processing.

Furthermore, about 800 tons of solid garbage are unlawfully disposed of every day at locations like Ghazipur and Bhalswa, raising concerns about the risks these practices represent to the environment and human health.

“We expect the Delhi government to come out with measures for preventing fires and the generation of pollution due to illegal dumping of solid waste every day,” said the bench in its order.

“At these two sites, what steps have been taken to avoid fires as well as adverse effects on the environment has to be dealt with by the chief secretary and all other entities and other stakeholders,” it added.

The Delhi government and MCD were held liable for the crisis by the court, which did not mince words.

"The fact of the matter is that there is no compliance with the 2016 Rules. The chief secretary does not care about court orders. We pass an order, and he doesn’t bother to report compliance or file his affidavit,” the court said to Guruswamy.

The court's judgment required the MCD to provide a thorough affidavit by Jan 27 outlining the degree of adherence to the 2016 Rules and pointing out any outstanding deadlines.

Additionally, it requested a supplementary affidavit by Jan 15 outlining the steps being taken in Bhalswa and Ghazipur to combat unlawful dumping, stop fires, and lessen pollution.

“With some degree of sadness, we record that more than 3000 tons of solid waste remain untreated every day, and there is illegal dumping too. Perhaps, some day this court will have to consider stopping some developmental activities so that the generation of solid waste is reduced,” said the bench in its order.