Waste management: SC flags total failure in enacting 2016 rules in Delhi

The Supreme Court has flagged the "complete failure" of agencies in implementing the Solid Waste Management Rules, 2016 in the national capital and directed the chief secretary of the Delhi government to call a meeting of all stakeholders to discuss the issue.

The apex court observed it is a matter of immense importance that the 2016 Rules are implemented in their true letter and spirit in the capital city.

"If we find that all other authorities do not come together and tell us the time-bound schedule for implementation of the 2016 Rules, the court may have to consider of passing harsh orders," a bench of Justices Abhay S Oka and Augustine George Masih said in its order passed on November 11.

The bench said, "We direct the chief secretary of the Delhi Government to call a meeting of all the stakeholders, including the Municipal Corporation of Delhi, to discuss the issue of implementation of the 2016 Rules".

It said all stakeholders must come together and file a common report before the court laying down the time-lines for reporting compliance with the provisions of the 2016 Rules.

The apex court said the exercise of holding a meeting and coming out with a common response shall be completed by December 13.

"As we have been noticing in other cases also, the 2016 Rules have remained on paper. If in the territory of NCT of Delhi, there is a complete failure to implement the 2016 rules, one can imagine what must be happening in cities in other parts of the country," the bench said.

It noted that on one hand, there was no implementation of the 2016 rules due to which garbage or solid waste was being illegally stored in landfill sites which were prone to fires and, on the other hand, a large number of construction activities were going on which adds to generation of solid and construction wastes.

"The Delhi government must come out with the figures for the daily generation of solid waste in the city while submitting the report," it said.

The bench authorised the special secretary of the Delhi government's environment department to call officers concerned of the Centre for the meeting, if the involvement of any department of the Centre was required in the implementation of the 2016 Rules.

"If the special secretary finds that any of the stakeholders are not cooperating, we permit him to move an application to this court to seek directions," the bench said and posted the matter for further hearing on December 16.

The issue of solid waste management in Delhi-NCR has cropped up before the apex court which is hearing a matter related to pollution in the national capital and adjoining areas.

The Municipal Corporation of Delhi (MCD) had on October 18 told the apex court that by 2026, it will exceed its capacity of processing 11,000 tonnes of solid waste generated daily in the national capital.

On July 26, the top court had expressed its concern over the poor implementation of the Solid Waste Management Rules in the national capital and observed that over 3,000 tonnes of untreated solid waste per day in Delhi could lead to a "public health emergency".

The apex court had slammed the MCD over the "sorry state of affairs" and said that the national capital generates over 11,000 tonnes of solid waste per day, while the daily capacity of processing plants was only 8,073 tonnes.