Bhopal Municipal Corporation vs Dr Subhash C. Pandey on 11 February, 2026

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Supreme Court - Daily Orders

Bhopal Municipal Corporation vs Dr Subhash C. Pandey on 11 February, 2026

Bench: Pankaj Mithal

                                                               CIVIL APPEAL   NO. 6174/2023 ETC.


     ITEM NO.21                         COURT NO.9                    SECTION XVII

                              S U P R E M E C O U R T O F      I N D I A
                                      RECORD OF PROCEEDINGS

                                  CIVIL APPEAL   NO(S).   6174/2023

     BHOPAL MUNICIPAL CORPORATION                                      APPELLANT(S)

                                                 VERSUS

     DR SUBHASH C. PANDEY & ORS.                                       RESPONDENT(S)

     (IA No. 113056/2025 - APPROPRIATE ORDERS/DIRECTIONS
     IA No. 141056/2024 - CONDONATION OF DELAY IN FILING
     IA No. 43110/2024 - CONDONATION OF DELAY IN FILING
     IA No. 198051/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT

IA No. 141055/2024 - EXEMPTION FROM FILING O.T. IA No. 245823/2023 - PERMISSION TO APPEAR AND ARGUE IN PERSON IA No. 198050/2023 - STAY APPLICATION) WITH C.A. No. 7728/2023 (XVII) (IA No. 196024/2024 - EXEMPTION FROM FILING O.T. IA No. 176665/2024 - EXEMPTION FROM FILING O.T. IA No. 241136/2023 - STAY APPLICATION) Date : 11-02-2026 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE S.V.N. BHATTI For Appellant(s) Ms. Vanshaja Shukla, AOR Ms. Gunjan Chowksey, Adv. Ms. Ankeeta Appanna, Adv. Mr. Siddhant Yadav, Adv.

For Respondent(s) Mr. Arpit Gupta, AOR Ms. Akansha Agarwal, Adv. Divya Pratap Parmar, Adv. Mr. Aadil Yar Chaudhary, Adv.

Signature Not Verified Mr. Harshvardhan Pandey, Adv. Digitally signed by GEETA AHUJA

Mr. Raghavendra Pratap Singh, AOR Mr. Akshat Kashyap, Adv. Date: 2026.02.12 17:59:51 IST Reason:

Mr. Ram Kumar, Adv.

Mr. Mahendra Pratap Singh, Adv.

CIVIL APPEAL NO. 6174/2023 ETC.

Mr. Abhimanyu Singh, Adv. Mr. Abhinav Srivastav, Adv. Mr. Pashupathi Nath Razdan, AOR Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv.

Ms. Akanksha Tomar, Adv.

Mr. Raghav Sharma, Adv.

Mr. Salvador Santosh Rebello, AOR Mr. Jaskirat Pal Singh, Adv. Mr. Pranjal Pandey, Adv.

Ms. Ngacheitharin Chiphang, Adv.

Mr. Saurabh Balwani, AOR Mr. Chirag Pathor, Adv.

Mr. Vikramaditya Singh, AOR Mr. Qasim Ali, Adv.

Mr. Arjun Singh, Adv.

Ms. Yashika Gupta, Adv.

Ms. Pragati Neekhra, AOR Mr. Peeyush Katara, Adv.

Officers appeared Mr. Sourabh Sood online Mr. Rajendra Kumar Trivedi UPON hearing the counsel the court made the following O R D E R

1. These are two Civil Appeals arising from two different orders of the National Green Tribunal, Central Zonal Bench, Bhopal (for short ‘the NGT’).

2. The first one - Civil Appeal No.6174 of 2023 arises out of the impugned order dated 31.07.2023. The other is Civil Appeal No.7728 of 2023 arising from the Order dated 11.08.2023.

CIVIL APPEAL NO. 6174/2023 ETC.

3. Under these two orders, the appellant-Bhopal Municipal Corporation has been directed to pay environmental compensation of Rs.1.80 crores and Rs.121 crores respectively.

4. It is noticed that Municipal Solid Waste Management and Handling Rules, 2000 were replaced by the Solid Waste Management Rules, 2016 and now even these rules have been replaced by Solid Waste Management Rules, 2026 (for short ‘the 2026 Rules’) which would be effective from 01.04.2026. The Court is of the view that the statutory mechanism is not yielding desired result because of several factors at the field level. Introduction of new rules, though a welcoming step, the authorities are expected to complete the spade work before the effective date sets in, otherwise Rules, 2026 will not be improving the ground reality.

5. Therefore, in the facts and circumstances of the case, it would be necessary to ensure that infrastructure for the waste management is provided in accordance with the 2026 Rules.

6. Having heard learned counsel for the parties at some length, we propose to direct that the appellant may implead - (i) Secretary, Ministry of Environment, Forest and Climate Change of India; (ii) Secretary, Ministry of Housing and Urban Affairs; (iii) Secretary, Ministry of Panchayati Raj; (iv) Chief Secretary, State 3 CIVIL APPEAL NO. 6174/2023 ETC.

of Madhya Pradesh; (v) Additional Chief Secretary, Urban Development and Housing Department, Madhya Pradesh; and (iv) Principal Secretary, Housing and Environment Department, Madhya Pradesh, as party respondents in both the appeals.

7. The appellant is directed to carry out the amendment and to supply the amended cause title on or before the next day of hearing.

8. The Registry is directed to serve the newly added respondents through e-mail. Learned counsel for the appellant is permitted to serve the copy of these appeals upon the Central Agency Section for the Union of India.

9. Mr. Pashupati Nath Razdan, learned AOR appears for the State of Madhya Pradesh and accepts notice.

10. Put up on 19.02.2026.

   (Nikita Singh)                                       (Geeta Ahuja)
Court Master (NSH)                                Assistant Registrar-cum-PS




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Supreme Court - Daily Orders