Supreme Court Directs Delhi Government Authorities To Strictly Enforce Duties Of Waste Generators, Initiate Penal Action For Violations

The Supreme Court on Monday directed the Delhi Government and the Municipal Corporation of Delhi (MCD) to strictly enforce Rule 4 of Solid Waste Management Rules, 2016, which outlines the duties of waste generators.

“If Rule 4 is strictly complied within the state, it may have effect of if not reducing but preventing generation of untreated solid waste of more than 3000 tons per day. We therefore direct the state government and MCD to form teams who should be dedicated to the task of ascertaining whether there is compliance made with Rule 4 of 2016 Rules. We direct the state government and MCD to give wide publicity to the order of this court by which we are directing strict compliance with implementation of Rule 4 in the state”, the Court stated.

A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan also emphasized that non-compliance with Rule 4 attracts penalties under Section 15 of the Environment Protection Act, 1986.

“We direct State Government and MCD and all concern entities to initiate proceedings under Section 15 of the 1986 Act against those who are either committing breach of provisions of Rule 4 or are not complying with Rule 4…We make it clear that unless a massive exercise of strict implementation of Rule 4 is commenced by the Delhi government and MCD and all other local authorities, we will have to come out with harsh measures”, the Court directed.

The Court was hearing the Delhi air pollution matter addressing various issues including pollution caused by power plants, the use of color-coded stickers on vehicles to identify fuel types, and the implementation 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.

The Court emphasized that strict compliance with Rule 4 could prevent the generation of over 3,000 tons of untreated solid waste daily. The Court directed the Delhi government and MCD to conduct meetings with resident welfare associations (RWAs), market associations, and representatives of gated communities, institutions, and restaurants to raise awareness of these obligations.

The Court also expressed concern over the failure of the Government of the National Capital Territory of Delhi (GNCTD) and the MCD to abide by the timelines prescribed under Rule 22 of the 2016 Rules.

The compliance affidavit submitted by the GNCTD outlined future plans up to 2027, but the Court noted that the timeline under the Rules had expired long ago. The Court directed the state government and the MCD to make efforts to shorten the outer limits provided in the affidavit.

The Court observed that approximately 3,000 tons of untreated solid waste is generated daily in Delhi, and the figure is expected to rise. The Court attributed this to the failure of the Delhi government and the MCD to implement the Solid Waste Management Rules, 2016.

“The real issue which we are facing is a huge problem which arises due to the fact that approximately 3000 tons of solid waste generated in Delhi is remaining untreated. With the passage of time this figure is bound to increase. One of the main reasons for this is the failure of the Delhi government and MCD to implement 2016 Rules.”

The Court warned that the lack of a real-time solution to the issue of generation of 3000 tonnes of untreated waste daily may compel it to halt construction activities.

“If there is no real time solution emerging to deal with untreated solid waste generated every day, perhaps this court will have to consider passing drastic orders of stopping certain categories of construction activities in the state”, the Court warned.

Rule 15 specifies the duties and responsibilities of local authorities. These include preparing solid waste management plans, arranging door-to-door collection of segregated waste, recognizing and integrating waste pickers, and promoting the formation of self-help groups for waste management.

Senior Advocate Menaka Guruswamy appearing for the Delhi government informed the Court that compliance with clauses (a) and (e) of Rule 15—preparation of plans and framing of by-laws—had been achieved. The Court directed the authorities to comply with the remaining clauses, particularly those related to waste segregation, integration of waste pickers, and door-to-door collection. Compliance with these directions is to be reported by March 17.

The Court also directed the Delhi government and MCD to study best practices followed in other Indian cities for solid waste management, as outlined in a 2021 NITI Aayog report. The authorities are required to file an affidavit by March 17 specifying the best practices they propose to adopt.

Earlier, the Court has expressed concern over the gap in waste treatment, noting that 11,000 tons of solid waste are generated daily in Delhi, but only 8,000 tons are treated. Justice Oka previously described the situation as “shameful,” particularly in the national capital. The Court had flagged the continuous dumping of untreated waste at Ghazipur and Bhalswa and directed the submission of measures to mitigate environmental harm at these sites.

The Court found the affidavit submitted by the MCD, which promised to resolve the issue of untreated solid waste by December 2027, to be “shocking” and “brazen.”

Case no. – WP (C) 13029/1985

Case Title – MC Mehta v. Union of India

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