National Green Tribunal
Compliance Of Municipal Solid Waste ... vs Union Of India Reported In (2017) on 22 December, 2025
Item No. 21 Court No. 1
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 606/2018
(In respect of Govt of NCT of Delhi)
Compliance of Municipal Solid Waste Management Rules, 2016 And
Other Environmental Issues.
Date of hearing: 22.12.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Katyayni, Adv. (Amicus Curiae)
Respondents: Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for GNCTD
Mr. Saurabh Balwani, Adv. For CPCB (Through VC)
ORDER
1. In these proceedings the Tribunal is considering the issue of liquid waste management in terms of the orders of the Hon'ble Supreme Court in the matter of Paryavaran Suraksha vs. Union of India reported in (2017) 5 SCC 326 and solid waste management in terms of the order of the Hon'ble Supreme Court dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India & Ors.
2. Today, the matter was listed in respect of compliance by the Govt of NCT of Delhi in terms of the order of the Tribunal dated 16.02.2023.
3. The Tribunal by order dated 16.02.2023 while considering the status of compliance of solid and liquid waste management by the Govt of NCT of Delhi had directed the Chief Secretary to file the progress report as under:
"xxxx......................xxxx.........................xxxx....................xxxx
76. Further, periodical progress reports with verifiable progress may be filed by the Chief Secretary with a copy to the Registrar General of this Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.1
Copies thereof may be furnished to the NMCG, MoUD, CPHEEO (MoUD) and CPCB and also be placed on the website of the Delhi Government."
4. The aforesaid order was not complied with and no regular compliance reports were filed earlier.
5. The compliance report dated 05.12.2025 has been filed by the GNCTD. The Learned Counsel appearing for the GNCTD submits that the order of the Tribunal dated 16.02.2023 passed in this matter was challenged by the GNCTD in the Civil Appeal No. 5388/2023 before the Hon'ble Supreme Court which has been withdrawn on 23.05.2025.
6. Learned Counsel for the GNCTD has also referred to the disclosures made in the latest report from Para-6 onwards and submitted that the issue of solid waste management in GNCTD is pending before the Hon'ble Supreme Court. The disclosure made in Para-6 onwards is as under:
"6. The Hon'ble Supreme Court vide order dated 07.11.2023 and 19.12.2024 in WP MANAGEMENT 13029/1985 titled as "MC Mehta Vs Union of India and Others" pleased to direct the Delhi Government to ensure that municipal solid waste is not burnt in the city during the open as it happens. The GNCTD has filed its affidavit before the Hon'ble Supreme Court from time to time.
That on the direction of Hon'ble Supreme Court in above referred matter, CAQM also filed a report on Municipal Solid Waste in Delhi (which was considered by the Hon'ble Supreme Court in its order dated 22.04.2024). The observation of the Hon'ble Supreme Court in the order dated 22.04.2024 is as follows:
Report of CAQM on Municipal Solid Waste in Delhi
6. One of the shocking features of the report submitted by CAQM is the finding that though the average daily generation of Municipal Solid Waste (MSW) in Delhi is around 11,000 tonnes, the capacity of the present waste processing plants is only to the extent of about 8,000 tonnes per day. Therefore, in the capital city, every day, 3,000 tonnes of MSW is generated which cannot be processed. Obviously, that is adding to the pollution. The Solid Waste Management Rules, 2016 (the 2016 Rules) are in place for the last eight years. Even in the capital city, sadly, there is non-compliance with the 2016 Rules. For dealing with this important issue, notices will have to be issued to the concerned parties.
7. Municipal Corporation of Delhi is represented today by the learned senior counsel Mr. S. Wasim A. Qadri who will take instructions on this aspect.2
8. We issue notice to the New Delhi Municipal Corporation and Cantonment Board, Delhi. The notices are made returnable on 13th May, 2024. A copy of this order shall be forwarded along with the notice.
9. The Registry to serve the notices to the standing counsel, if any, representing the said authorities.
10. Before the next date, the concerned authorities of the Government of India and the State Government shall call a meeting of officials of the three authorities and all other concerned authorities which are responsible for implementation of the 2016 Rules.
11. In the report, it is stated that the Urban Development Department is responsible for implementation of the 2016 Rules. Therefore, we direct the Urban Development Department of the Government of India as well as Delhi Government to convene a meeting as stated above. A concrete action plan shall be devised and placed before this Court on 13th May, 2024.
12. We direct the Commission to submit a comprehensive report on this aspect regarding non-compliance of 2016 Rules in Delhi.
8. The observation of the Hon'ble Supreme Court in the order dated 13.05.2024 on MSW in Delhi is as follows:
9. Considering the development which is taking place in Delhi and in the surrounding area, it is obvious that the generation of solid waste every day is bound to increase and the MCD and the other authorities connected with the aforesaid cities are not in a position to deal with that. Therefore, the immediate measures need to be undertaken to ensure that the generation of untreated solid waste should not increase, till the proper facilities are in place. Therefore, all the authorities will have to consider of adopting various methods to do that including putting restraints on construction activities in the aforesaid areas.
10. We, therefore, direct the Secretary of Ministry of Housing and Urban Affairs, Government of India to convene a meeting of all concerned authorities governing the aforesaid areas to find out a solution and place the same before the Court.
11. In the event, the authorities fail to come out any concrete proposal, we will have to consider of passing a drastic order with a view to take care of the environment in the capital city of Delhi and surrounding areas.
12. A report shall be prepared by the Secretary of the Ministry of Housing and Urban Affairs Department of the Government of India which shall be placed before the Court on or before 19th July, 2024.
13. We hope and trust that all the authorities will take the issue with the seriousness it deserves as prima facie impression which we gather is that none of the authorities have bothered to consider the drastic consequences of not having adequate capacity to deal with solid waste generated every day. 14. We may add here that generation of untreated solid waste in such huge quantity destroys the environment which directly affects the fundamental rights of the citizens guaranteed under Article 21 of the Constitution of India to live in a pollution free environment.
9. The observation of the Hon'ble Supreme Court in the order dated 26.07.2024 on MSW in Delhi is as follows:
IN RE: SOLID WASTE MANAGEMENT 3
1. We have perused the affidavit filed by the Municipal Corporation of Delhi (MCD). We agree with the submission made by Ms Aparajita Singh, learned Senior Advocate appointed as Amicus Curiae, that in Delhi, the prevailing situation may lead to a health emergency as the generation of solid waste per day in the capital city is above 11000 metric tonnes and the capacity of the processing plants made available by the MCD is only 8073 metric tonnes per day.
Therefore, about 3000 metric tonnes of untreated solid waste is accumulating daily in the capital city, and we are sure this figure will gradually increase with every passing day. In the affidavit filed by the MCD, they have come up with the timelines for setting up additional facilities or for enhancing the capacity of the existing facilities. It is pointed out that litigations are pending. We do not see the light at the end of the tunnel as going by the affidavit of the MCD and assuming that the timelines mentioned therein are abided by, there is no possibility of creating required facilities in the capital city even till 2027, which will have the capacity to deal with 11000 metric tonnes of solid waste per day. No guesswork is required to state that by that time, the generation of solid waste will multiply. We agree with the learned Amicus Curiae that this will lead to a public health emergency. This is a sorry state of affairs when it comes to the implementation of the Solid Waste Management Rules, 2016 (for short, "2016 Rules") in the capital city.
2. We, therefore, direct the Secretary of the Ministry of Environment, Forest and Climate Change (MoEFCC) of the Government of India to immediately convene a meeting of all the concerned State Government officials, the Commissioner of the Municipal Corporation of Delhi and its officials for working out an immediate solution to the issue. We direct the Secretary of the MoEFCC of the Government of India to submit a report to this Court about immediate measures required to be taken for ensuring that noncompliance with the 2016 Rules does not create serious health emergency in the capital city of Delhi.
3. Our attention is invited to an affidavit filed on behalf of the Swachh Bharat Mission (SBM), Ministry of Housing and Urban Affairs (MoHUA), Government of India. It is stated that on 10 th July 2024, the MCD moved the Government of NCT of Delhi to delegate financial power to the MCD as per the provisions of Section 202 of the Delhi Municipal Corporation Act, 1957, to approve the rates and agency contracts beyond a sum of Rs.5 crores relating to solid waste management projects. We direct the Government of NCT of Delhi to immediately consider the said proposal dated 10th July, 2024 and take an appropriate decision within three weeks from today. The Registry shall forward a copy of this order to the Chief Secretary of the Government of NCT of Delhi. The proposal dated 10th July, 2024 clearly states that it is limited to solid waste management projects. Considering the prevailing situation, if this relief is not granted to the MCD, it will not be able to comply with the 2016 Rules. The Government shall take note of this factual position
4. For considering the issue regarding solid waste management, list on 6th September, 2024.
10. The observation of the Hon'ble Supreme Court in the order dated 27.01.2025 on MSW in Delhi is as follows:
IN RE: SOLID WASTE MANAGEMENT 4
18. Now we are dealing with the implementation of the Solid Waste Management Rules, 2016 (for short, "the 2016 Rules"). A compliance affidavit filed on behalf of the Delhi Government in terms of the order dated 19th December, 2024 sets out what is going to happen in future till 2027. In fact, the Government and local authorities have not abided by the timelines mentioned in Rule 22 of the 2016 Rules. The timelines had expired long back.
Therefore, we direct the Delhi Government and the Municipal Corporation of Delhi (for short, "the MCD") to make an effort to curtail the outer limits provided in the affidavit.
19. We are facing a huge problem which arises due to the fact that approximately 3,000 tonnes of solid waste generated every day in Delhi remains 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 the MCD to comply with the 2016 Rules.
20. If there is no real solution to deal with the untreated solid waste generated every day, perhaps, this Court will have to consider of passing drastic orders of stopping certain categories of construction activities in Delhi.
21. The learned ASG has invited our attention to Rule 4 of the 2016 Rules. Rule 4 imposes obligations on every waste generator, street vendor, resident welfare and market association, gated community and institution with more than 5,000 square meter area and all hotels and restaurants to take certain steps which are mandatory in nature. If Rule 4 is strictly complied with within the State, it may have an effect of if not reducing, but of preventing the generation of more untreated solid waste. We, therefore, direct the Delhi Government and the MCD to form teams which should be given the dedicated task of ascertaining whether there is a compliance with Rule 4 of the 2016 Rules made by all entities to which Rule 4 is applicable. We direct the Delhi Government and the MCD to give wide publicity to this order of the Court by which we are directing strict implementation of Rule 4 of the 2016 Rules in Delhi.
22. Section 15 of the Environment (Protection) Act, 1986 (for short, "the 1986 Act") provides that any person who contravenes or does not comply with any of the provisions of the Act or the rules made or orders or directions issued thereunder, shall be visited with penalty. We direct the Delhi Government, the MCD and all the concerned entities to initiate proceedings under Section 15 of the 1986 Act against those who are either committing breach of the provisions of Rule 4 or who are not complying with the provisions of Rule 4.
23. We direct the Delhi Government/MCD to hold meetings with resident welfare and market associations, representative bodies of the gated communities and institutions, and the hotels and restaurants and other stakeholders for inviting their attention to the provisions of the 2016 Rules. We make it clear that unless a massive exercise of strict implementation of Rule 4 is commenced by the Delhi Government, the MCD and all other local authorities, we will have to come out with harsh measures. We grant time till 17th March, 2025 to the Delhi Government, the MCD and the local authorities to report compliance with the aforesaid directions.
24. Our attention is invited to Rules 15 and 16 of the 2016 Rules, which lay down the duties and responsibilities of the local authorities. The learned senior counsel appearing for the Delhi Government and the MCD states that as far as clauses (a) 5 and management of Rule 15 are concerned, compliance has been made. We direct all the local authorities in Delhi and the State Government to ensure that compliance with the remaining clauses of Rule 15 and in particular, clauses (b), (c) and (d) is made. Even compliance on this aspect shall be reported by 17 th March, 2025.
25. Our attention is invited to the fact that in some of the cities in India, certain practices which can be termed as best practices are being followed in connection with source segregation, biodegradable waste management, material processing, plastic waste management, sanitary waste management, landfill management and technological innovations. We direct the Delhi Government and the MCD to follow the best practices adopted in other cities in India. The learned Amicus Curiae pointed out that there is a report of the Niti Aayog of 2021 which enlists certain cities which are following the best practices.
26. We direct the Delhi Government and the MCD to file an affidavit on or before 17th March 2025, setting out which best practices they propose to follow.
11. The observation of the Hon'ble Supreme Court in the order dated 24.04.2025 on MSW in Delhi is as follows:
IN RE: SOLID WASTE MANAGEMENT AND GRIEVANCE REDRESSAL MECHANISM
3. We have heard the learned Amicus Curiae on the Solid Waste Management Rules, 2016 (for short, "the 2016 Rules").
She has rightly 6mphasized on achieving the target of 100 per cent segregation of waste within the fixed timelines and 100 per cent collection of solid waste by 31st December, 2025.
4. We clarify that the directions which we propose to issue today will supplement the directions already issued against the Municipal Corporation of Delhi (for short, "the MCD") by our earlier order dated 8th April, 2025 and, therefore, the directions will be in addition to what is already directed.
5. As far as 100 per cent segregation of waste is concerned, we have dealt with the issue while dealing with the compliance by the MCD of the 2016 Rules. As achieving this target is of immense importance, we direct the States of Delhi, Haryana, Rajasthan and Uttar Pradesh as well as the MCD to designate high ranking officers as nodal officers to supervise the compliance activities of achieving 100 per cent segregation of waste. The same nodal officers shall also supervise the target of achieving 100 per cent collection of solid waste. As far as the MCD is concerned, it has laid down the timelines for achieving this target. However, the other NCR States have not done so. Therefore, we direct the states of Delhi, Haryana, Rajasthan and Uttar Pradesh to fix an outer limit for achieving the target of 100 per cent collection of solid waste. The nodal officers dealing with both the issues (100 per cent segregation of waste and 100 per cent collection of solid 15 waste) shall file regular compliance reports starting from 1st September, 2025. After every quarter, compliance reports shall be filed by the nodal officers in this Court. As and when the compliance reports are filed, the Registrar (Judicial) of this Court shall ensure that the same are placed before the appropriate Bench dealing with the case.
6. For implementation of the 2016 Rules, it is necessary to ensure that the penalties are imposed in case of non-
6compliances. Unless proper publicity is given to the provisions of the 2016 Rules and the penalties provided therein for non- compliance, the provisions of the 2016 Rules cannot be effectively implemented. Therefore, we direct that the NCR States as well as the MCD to undertake a massive awareness campaign about the provisions of the 2016 Rules. Needless to add that in the awareness campaign, publicity shall be given to the existing grievance redressal mechanism which can be used by the citizens to lodge complaints about the breaches or non- compliances with the 2016 Rules. We direct the NCR States and the MCD to report compliance with the above direction as well as to produce data before the Court regarding the penalties imposed and recovered so far.
7. There is another important issue flagged by the learned Amicus Curiae. She has rightly submitted that the activity of recycling the product from the construction and dust waste must be incentivized. Her submission is that the rate of GST should be reduced to minimum or ideally zero. We direct the Union of India to consider this aspect by placing it before the appropriate authority. We recommend that this activity needs to be incentivized which will help the cause of environment protection.
8. As regards commissioning of the landfill facilities in MCD area is concerned, at this stage, no further directions are required in view of what was observed in the order dated 8 th April, 2025.
9. The other issue which remains as regards the MCD is of formation of the Standing Committee. On this aspect, we propose to issue directions after hearing the concerned parties on 08th May 2025 at 12 noon.
10. On the issue of solid waste management, we may note here that this Court is dealing with the issues which arise at present. Considering the large-scale construction/development projects in the NCR region, the generation of the municipal solid waste is bound to be multiplied and, therefore, all the NCR States must make a realistic assessment of the expected generation of municipal solid waste in the next 25 years so that all the authorities will be in the state of preparedness to deal with the ever-increasing quantum of municipal solid waste generated in the cities. We direct the Governments of the NCR States to file affidavits on or before 1st September, 2025 dealing with the steps taken in this behalf. We make it clear that the affidavits shall give data of all the local authorities falling within the jurisdiction of the respective States which are in the NCR region. As far as these directions are concerned, we direct that all the affidavits shall be filed by the nodal officers who shall be responsible for providing copies to the office of the learned Amicus Curiae as well as the learned counsel appearing for the respective parties.
11. At this stage, we may also note that the learned senior counsel appearing for the Greater NOIDA Industrial Development Authority pointed out that in the affidavit of compliance filed on 4 th April, 2025, the Authority has stated that an action is being taken to ensure that by the end of August 2025, legacy waste will be reduced to zero. We hope and trust that this target is achieved by the Authority.
12. As far as the issue of Waste to Energy Plants is concerned, the Central Pollution Control Board by filing an affidavit dated 22nd April, 2025 has sought time of one month to make 7 compliance. We, accordingly, grant time of one month to the Central Pollution Control Board to make compliance from 22nd April, 2025. At this stage, the learned Amicus Curiae has invited our attention to a letter dated 12 th February, 2025 addressed by the Member Secretary of the Central Pollution Control Board to the State Pollution Control Boards. She has invited our attention to page 03 of the said letter and has raised concerns about a new category mentioned therein. To enable the learned ASG to seek clarification, this aspect will be considered on 8th May, 2025 at 12:00 noon."
7. The submission of the Learned Amicus Curiae is that there is no restrained order by the Hon'ble Supreme Court, therefore, the NGT can proceed to examine the issue of solid waste management in GNCTD.
However, to avoid the overlapping exercise and conflicting order, we direct the GNCTD to file the regular progress report in respect of solid waste management for the purpose of completing the record.
8. So far as the liquid waste management in GNCTD is concerned, nothing has been placed on record by the GNCTD to show that this issue is pending before the Hon'ble Supreme Court. Therefore, in terms of the earlier order of the Tribunal, the GNCTD is required to take action and file periodical progress report concerning the liquid waste management in GNCTD. The current report discloses the status of liquid waste management as under:
"xxxx........................xxxx........................xxxx.....................xxxx
15.Sewage Management:
Estimated sewage generation in NCT of Delhi is 792 MGD which is 80% of 990 MGD Water Supplied by Delhi Jal Board. Discharge of treated / partially treated / untreated sewage through various drains out falling into river Yamuna is main cause of water pollution in river Yamuna particularly in the stretch between Wazirabad Barrage to Asgharpur village. There are 37 operational Sewage Treatment Plants (STPs) of Delhi Jal Board (DJB) with total installed capacity of 794 MGD which are being monitored by DPCC on monthly basis and Analysis Results of STPs are placed on the website of DPCC. Letters are issued by DPCC to DJB on monthly basis for taking rectification measures to meet the prescribed standards. STPs of DJB are having Online Continuous Effluent Monitoring System (OCEMS) which are connected to the servers of CPCB & DPCC.
Capacity of operational STPs of DJB, Gap in treatment capacity, Gap in treatment is as follows:
Estimated Sewage Generation in Delhi : 792 MGD (80% of 990 MGD Water Supply) Installed Treatment Capacity of 37 STPs : 794 MGD (100.3% of Estimated Sewage (Generation) 8 Capacity Utilization of existing STPs : 704 MGD (88.66% of installed capacity) Gap in Capacit : nil Gap in Treatment : 88 MGD (11.11%) No. of Complying STPs (October, 2025) : 28 w.r.t. Standards prescribed by DPCC No. of Non-complying STPs (Sept. 2025) : 09 w.r.t. Standards prescribed by DPCC
9. The Chief Secretary, GNCTD is directed to file further progress report, enclosing therewith the following format as Annexure-A and disclosing the tabulated information therein:
Annexure-A Sewage management in the State Sewage Generation and Conveyance (A) Name of (B) Sewage Status Estimation (C) Sewage Conveyance/sewers ULB and Measurement *Total Sewage Generation per day Targeted Household House-holds connected Time targets to complete (in MLD) to be connected to connectivity (gap in sewers connectivity) (2) (3) (4) (1) *Basis of estimation (based on 80% of lpcd water supply/or measured) (D) Drains Sewage and Sullage Flow in each Quality / Quantity of Final Whether storm Time bound action flowing in open drain (MLD) Characteristics industrial effluent point of water drain is plan to prevent drains (Storm water of effluent discharged in discharge diverted to sewage discharge drains / concretised drain of drain STP? into drain drains / (MLD) unlined/katcha drains) (No. of drains) (10) (5) (6) (7) (8) (9) (E) Sewage treatment and Utilization Installed Utilisation Gap in Time bound Performance Final point of Level of Sludge generation Treatment capacity of sewage plan to set up of STPs with discharge of Utilisation and its capacities of existing STPs generation and reference to treated of Treated management existing STPs (MLD) and operationalise Standards effluent sewage (MLD) treatment STPs (MLD) (18) (11) (12) (13) (14) (15) (16) (17) 9 [F] Gaps and Action Plan ULB Sewage Installed Utilized capacity Gap in Sewage Time lines to bridge the Generation Treatment Treatment gaps ULB/MLD Capacity (2-4) 5 1 2 3 4
10. Further, the water quality data of River Yamuna stretch between Wazirabad Barrage to Asgharpur Village in compliance to prescribed standards may be disclosed by DPCC in the next report.
11. Let the further progress report in respect of liquid waste management be filed 01 week before the next date of hearing.
12. Considering the nature of issue involved in the matter Ms. Katyayni, Advocate and Mr. Vikrant Badesra, Advocate are appointed as Amicus Curiae to assist the Tribunal.
13. List the matter on 06.07.2026 for consideration of the report in respect of Govt of NCT of Delhi.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM December 22, 2025 Original Application No. 606/2018 (IA No 20/2025, IA No 299/2024, IA No 163/2021) (In Respect of Govt of NCT of Delhi) AM.
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