The Delhi Government Faces Contempt Action From The Supreme Court For Failing To Implement The Solid Waste Management Rules, And The Chief Secretary Is Summoned
Last Updated on December 17, 2024 by Arti Kumari
A bench of Justices Abhay S. Oka and Manmohan noted that the Delhi government had not complied with its order directing the Chief Secretary to hold meetings and to furnish data of solid waste generated daily in the city. While hearing the ongoing MC Mehta case regarding environmental issues in the National Capital Region (NCR), the Supreme Court on Monday, December 16, drew attention to the Delhi government’s failure to comply with the Solid Waste Management Rules, 2016 in the city. The court threatened to take contempt action if compliance was not reported by December 18.
The Supreme Court had voiced concerns on November 11, 2024, over construction-related garbage, uncontrolled waste accumulation at disposal sites, and the risk of fire at waste storage facilities. To discuss putting the 2016 Rules into effect, the Court ordered the Delhi Chief Secretary to call a conference with the Municipal Corporation of Delhi (MCD) and other pertinent parties. By December 13, 2024, the stakeholders were required to collaborate and provide a report outlining the deadlines for compliance.
Despite explicit instructions given to the Delhi government’s chief secretary, there have been no reports of compliance. Not even the most basic information, like the amount of solid garbage generated daily, is recorded. On December 19, this factor will be taken into consideration. We give the Delhi government’s chief secretary instructions to stay present via VC. He must provide the court with an explanation for his noncompliance.
The court will take action under the Contempt of Courts Act against the concerned officials of the Delhi Government if by the 18th of December, an affidavit reporting compliance with order dated 11 November 2024 is not filed,” the court said.
Amicus Curiae Aparajita Singh notified the court that the Delhi Chief Secretary had neglected to turn in the meeting report that was required by the November 11, 2024, court decision. “It is shocking that the Chief Secretary does not have the time to gather all the data and present the report to the Court in just one month,” she said.
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 Justice to 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.”
The Chief Secretaries of the NCR States were called to virtually appear on December 2 during the Court’s hearing on the air pollution issue because they had failed to pay subsistence allowance to unemployed laborers who were unable to find work because of the construction ban. The Special Secretary of the Urban Development Department, who was participating virtually, expressed regret for the delays and asked for more time to gather the data.
Compliance and Case Expansion in Greater Noida
The Greater Noida Industrial Development Authority’s affidavit of adherence to the 2016 Rules was also examined by the court. The Authority was instructed by the Court to provide an additional affidavit outlining the actions taken by January 31, 2025.
“We request the National Green Tribunal not to deal with the said issue for the time being, as this Court is dealing with all issues concerning implementation of Solid Waste Management Rules, 2016 by the Greater Noida Industrial Development Authority,” the decision explained.
According to Justice Oka, the issue of solid waste management is a national one and is not just a concern in Delhi or the National Capital Region. He said that, beginning with the NCR, the Court will broaden its scope to address comparable issues in other cities.
The Amicus further emphasized the problem of disposal site fires, which exacerbate pollution, and claimed that there was widespread non-compliance with the 2016 Rules nationwide.
Advocate Manan Verma, the court commissioner, also drew attention to massive waste piles that had been set on fire in Gurgaon on December 12.
According to Justice Oka, the Court would extend the hearing on the Delhi-NCR air pollution issue to other significant cities in the nation on December 19. Provide a list of other large cities that have air pollution issues and indicate if any equipment can be made for them. We’ll spread this problem throughout India. “We shouldn’t give the impression that we are solely addressing Delhi’s air pollution while we are sitting in the Supreme Court,” he told Amicus Curiae Aparajita Singh. Prior to this, the Court had made it clear that it intended to bring the air pollution issue to other cities.
Case Title – MC Mehta v. Union of India
Case no. – WP (C) 13029/1985
