Supreme Court - Daily Orders
M.C. Mehta vs Union Of India on 27 January, 2025
Author: Abhay S. Oka
Bench: Abhay S. Oka
ITEM NO.57 COURT NO.5 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION(S)(CIVIL) NO(S). 13029/1985
M.C. MEHTA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IN RE: IMPLEMENTATION OF THE SOLID WASTE MANAGEMENT RULES, 2016
AND IN RE: COLOR CODED STICKERS AND IN RE: POWER PLANTS AND STUBBLE
BURNING)
NAME OF THE FOLLOWING ADVOCATES MAY BE TREATED TO HAVE BEEN SHOWN
IN THE LIST: MR. HARISH N. SALVE, SR. ADVOCATE (A.C.) MS. APARAJITA
SINGH, SR. ADVOCATE (A.C.) MS. UTTARA BABBAR, SR. ADVOCATE (A.C.)
MR. A.D.N. RAO, SR. ADVOCATE (A.C.) MS. SHIBANI GHOSH, ADVOCATE
(A.C.) MR. SIDDHARTHA CHOWDHURY, ADVOCATE (A.C.) MR. G.S. MAKKER,
MR. AMRISH KUMAR, MR. M.K. MARORIA MR. SANJAY KR. VISEN, MR. SUDEEP
KUMAR, MR. KARAN SHARMA, MR. SANDEEP KR. JHA, MR. JYOTI MENDIRATTA,
MR. RAHUL KHURANA, ADVOCATES)
Date : 27-01-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE UJJAL BHUYAN
Ms. Aparajita Singh, Sr. Adv. (A.C.)
Ms. Uttra Babar, Sr. Adv. (A.C.)
Ms. Shibani Ghosh, Adv. (A.C.)
Mr. Siddhartha Chowdhury, Adv. (A.C.)
Mr. Ishank Ranjan, Adv.
For the Parties: Ms. Aishwarya Bhati, A.S.G.
Ms. Swarupma Chaturvedi, Sr. Adv.
Ms. Ruchi Kohli, Sr. Adv.
Mr. Gurmeet Singh Makker, AOR
Ms. Suhashini Sen, Adv.
Mr. Chitvan Singhal, Adv.
Ms. Sweksha, Adv.
Ms. Neelakshi Bhadauria, Adv.
Mr. Vipin Sanghi, Sr. Adv.
Signature Not Verified
Mr. Saif Ali, Adv.
Digitally signed by
ASHISH KONDLE
Date: 2025.02.04
Mr. Apoorva Jha, Adv.
18:18:40 IST
Reason: Mr. Anil Kumar, AOR
1
Mr. Balbir Singh, Sr. Adv.
Mr. Devdatt Kamat, Sr. Adv.
Mr. Mahesh Agarwal, Adv.
Mr. Ankur Saigal, Adv.
Ms. S. Lakshmi Iyer, Adv.
Ms. Sukriti Bhatnagar, Adv.
Mr. E. C. Agrawala, AOR
Dr. Menaka Guruswamy, Sr. Adv.
Mr. Wasim S. Qadri, Sr. Adv.
Mr. Utkarsh Pratap, Adv.
Ms. Arunima Das, Adv.
Ms. Aditi Tripathi, Adv.
Ms. Shaswati Parhi, Adv.
Mr. Praveen Swarup, AOR
Mr. Sunil Fernandes, Sr. Adv.
Mr. Aman Preet Singh Rahi, Adv.
Ms. Diksha Dadu, Adv.
Mr. A. Venayagam Balan, AOR
Applicant-in-person, AOR
Petitioner-in-person
Mr. P. K. Jain, AOR
Mr. Ramesh Babu M.R., AOR
Mr. Rajesh Kumar Chaurasia, AOR
Ms. Hemantika Wahi, AOR
Ms. Binu Tamta, AOR
Mr. V. K. Verma, AOR
Mr. Radha Shyam Jena, AOR
Mr. Pradeep Kumar Bakshi, AOR
Mr. Ashok Mathur, AOR
Ms. Sujeeta Srivastava, AOR
Mr. Ajit Pudussery, AOR
Mrs. Bina Gupta, AOR
Ms. Adviteeya, Adv.
Mr. Rakesh K. Sharma, AOR
Mr. Sudhir Mendiratta, AOR
2
Mr. Alok Gupta, AOR
Mr. Anil Kumar Jha, AOR
Mr. Mukesh K. Giri, AOR
Mr. Mandaar Mukesh Giri, Adv.
Mr. Bhuvan Mahajan, Adv.
Mr. Aakash Shankar, Adv.
M/S. Parekh & Co., AOR
Mr. Sandeep Narain, AOR
Mrs. Anil Katiyar, AOR
Mr. Hardeep Singh Anand, AOR
Mr. G. Prakash, AOR
Mr. Sushil Kumar Singh, AOR
Mrs. Rani Chhabra, AOR
Mr. Umesh Kumar Khaitan, AOR
Ms. Shalini Kaul, AOR
Ms. Nandini Gidwaney, AOR
Mr. Shri Narain, AOR
Mrs. Priya Puri, AOR
Mr. K. R. Sasiprabhu, AOR
Mrs. K. Sarada Devi, AOR
Mr. Sanjay Kumar Visen, AOR
Mr. Rajiv Ranjan Dwivedi, AOR
Mr. Lokesh Sinhal, Sr. A.A.G.
Mr. B.K. Satija, A.A.G.
Mr. Akshay Amritanshu, AOR
Mr. Rahul Khurana, Adv.
Ms. Himanshi Shakya, Adv.
Mr. Nikunj Gupta, Adv.
Ms. Drishti Saraf, Adv.
Ms. Pragya Upadhyay, Adv.
Ms. Aakanksha, Adv.
Ms. Manjula Gupta, AOR
3
Mr. T.V. Ratnam, AOR
Mr. Balaji Srinivasan, AOR
Mr. Aniruddha Deshmukh, AOR
M/S. Khaitan & Co., AOR
Mr. S. S. Shroff, AOR
Mr. Sushil Kumar Jain, AOR
Mr. Abhishek, AOR
Mr. Ravindra Bana, AOR
Mr. Surya Kant, AOR
Mrs. B. Sunita Rao, AOR
Mr. Mohit D. Ram, AOR
Mr. Sarvam Ritam Khare, AOR
Mr. Anuj Agarwal, Adv.
Mr. Akarsh Khare, Adv.
Mr. R. P. Gupta, AOR
Mr. P. Parmeswaran, AOR
Mr. Pramod Dayal, AOR
Mr. Satya Mitra, AOR
M/S. M. V. Kini & Associates, AOR
Mr. Rakesh Kumar-i, AOR
Mr. Parijat Sinha, AOR
M/S. Saharya & Co., AOR
Mr. Nishe Rajen Shonker, AOR
Mrs. Anu K Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Santhosh K, Adv.
Mr. Pavan Kumar, AOR
M/S. S. Narain & Co., AOR
Mr. Sandeep Narain, Adv.
Ms. Kanak Malik, Adv.
4
Mr. Chirag M. Shroff, AOR
Mrs. Aishwarya Bhati, A.S.G.
Mrs. Archna Pathak Dave, A.S.G.
Mr. Wasim Quadri, Sr. Adv.
Mrs. Ruchi Kohli, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR
Mrs. Suhasini Sen, Adv.
Mr. Rajesh Kr. Singh, Adv.
Mr. Subhranshu Padhi, Adv.
Mr. S S Rebello, Adv.
Mr. Jagdish Chandra Solanki, Adv.
Mr. Ejaz Maqbool, AOR
Mr. Prashant Kumar, AOR
Ms. Pritha Srikumar Iyer, AOR
Ms. Surabhi Sanchita, AOR
Mr. Vinod Sharma, AOR
Mr. Debojit Borkakati, AOR
Mr. Aakarshan Aditya, AOR
Mr. Satya Mitra, AOR
Mr. Prasanna S., AOR
Ms. Mithu Jain, AOR
Ms. Asha Gopalan Nair, AOR
Mr. Shariq Ahmed, Adv.
For M/S. Ahmadi Law Offices, AOR
Ms. Aishwarya Bhati, A.S.G.
Ms. Archana Pathak Dave, A.S.G.
Ms. Suhasini Sen, Adv.
Mr. Rajesh Kr. Singh, Adv.
Mr. Subhranshu Padhi, Adv.
Mr. Gaurang Bhushan, Adv.
Ms. Sweksha, Adv.
Dr. N. Visakamurthy, AOR
Ms. Vanya Gupta, AOR
Mr. Vivek Gupta, AOR
Mr. Vinay Garg, AOR
5
Dr. Ram Sankar, Adv.
Mrs. Harini Ramsankar, Adv.
Mrs. Usha Prabakaran, Adv.
Mr. Maheswaran Prabakaran, Adv.
For M/S. Ram Sankar & Co, AOR
Mr. Mahfooz Ahsan Nazki, AOR
Mr. Vinodh Kanna B., AOR
Mr. Sandeep Singh, AOR
Ms. N. Annapoorani, AOR
Mr. S. Gowthaman, AOR
Ms. Neeru Vaid, AOR
Ms. Aishwarya Bhati, A.S.G.
Ms. Archana Pathak Dave, A.S.G.
Ms. Suhasini Sen, Adv.
Mr. Rajesh.k. Singh, Adv.
Mr. Shubhranshu Padhi, Adv.
Mr. Gaurang Bhushan, Adv.
Mr. Raghav Sharma, Adv.
Ms. Kanu Agrawal, Adv.
Mr. Bhuvan Kapoor, Adv.
Mr. Varun Chugh, Adv.
Mr. Krishna Kant Dubey, Adv.
Ms. Indira Bhakar, Adv.
Mr. Jagdish Chandra, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Ms. Indira Bhakar, Adv.
Mr. Vineet Singh, Adv.
Mr. Shreekant Neelappa Terdal, AOR
Mr. Avi Singh, Sr. Adv.
Mr. Shiven Varma, Adv.
Mr. Saurabh Agrawal, AOR
Mr. Dhruv Malik, Adv.
Mr. Kirti Raj, Adv.
Ms. Komal Mundhra, Adv.
Ms. Surbhi Mehta, AOR
Mr. Shovan Mishra, AOR
Ms. G. Indira, AOR
Mr. Dhruva Kumar, Adv.
Mr. Mata Prasad Singh, Adv.
Mr. Bikash Chandra, Adv.
6
Mr. Sagar Roy, Adv.
Ms. Anki Kashyap, Adv.
Ms. Avni Singh, Adv.
Mr. Onkar Singh, Adv.
Mr. Rahul Kumar, Adv.
Mr. K.K. Chauhan, Adv.
Mr. Abhishek Sahay, Adv.
Mr. Jitendra Kumar Sah, Adv.
Mr. Subhro Sanyal, AOR
Ms. Misha Rohatgi, AOR
Mr. Ravi Prakash, AOR
Mr. Pukhrambam Ramesh Kumar, AOR
Mr. Karun Sharma, Adv.
Ms. Anupama Ngangom, Adv.
Ms. Rajkumari Divyasana, Adv.
Mr. Vikrant Singh Bais, AOR
Mr. Alok Gupta, AOR
Mr. K. V. Mohan, AOR
Mr. Yash S. Vijay, AOR
Mr. Mukesh Verma, Adv.
Mr. Pankaj Kumar Singh, Adv.
Mr. Vatsala Tripathi, Adv.
Mr. Yash Pal Dhingra, AOR
Mrs. Rajshri Dubey, Adv.
Mr. Abhishek Chauhan, Adv.
Mr. Amit P Shahi, Adv.
Mr. Amit Kumar, Adv.
Mr. H B Dubey, Adv.
Mr. Rahul Sethi, Adv.
Mr. Shashibhushan Nagar, Adv.
Mr. Sumant A Khan, Adv.
Mrs. Sona Khan, Adv.
Mr. Rajendra Anbhule, Adv.
Mr. Ashutosh Dubey, AOR
Ms. G. Indira, AOR
Mr. Yoginder Handoo, AOR
Ms. Nidhi Jaswal, AOR
Mr. Rakesh Kumar-I, AOR
Mr. Parminder Singh Bhullar, AOR
7
Mr. Chandrakant Sukumar Sarkar, Adv.
Mr. Mukesh Kumar Singh, Adv.
Mr. Narendra Kumar Goyal, Adv.
Mr. Shantanu Jugtawat, Adv.
Mr. Jeetendra Kumar, Adv.
Mr. Ikshit Singhal, Adv.
Ms. Kajal Rani, Adv.
Ms. Sujata K Muni, Adv.
Mr. C M Dwivedi, Adv.
For M/S. Mukesh Kumar Singh and Co., AOR
Ms. Ankita Sharma, AOR
Mr. Arjun D. Singh, Adv.
Mr. Kumar Dushyant Singh, AOR
Mr. Rohit Sharma, Adv.
Mr. Nikhil Purohit, Adv.
Mr. Jatin Lalwani, Adv.
Mr. Jay Rawat, Adv.
M/S. Karanjawala & Co., AOR
Mr. V. N. Raghupathy, AOR
Ms. Mythili S, Adv.
Mr. Chandra Prakash, AOR
Mr. Anuj Bhandari, AOR
Mr. Anil Kumar, AOR
Ms. Lubna Naaz, AOR
Ms. Shashi Kiran, AOR
Ms. Astha Melda, Adv.
Ms. Deepanwita Priyanka, AOR
Mr. Prerna Mohapatra, Adv.
Ms. P. Sharma, Adv.
Mr. Raghvendra Kumar, AOR
Mr. Anando Mukherjee, AOR
Mr. Shwetank Singh, Adv.
Ms. Filza Moonis, AOR
Mr. Gaurav, AOR
Mr. Shuvodeep Roy, AOR
Mr. Deepayan Dutta, Adv.
Mr. Saurabh Tripathi, Adv.
8
Ms. Charu Ambwani, AOR
Ms. Astha Sharma, AOR
Mr. Rajesh Kumar Maurya, Adv.
Mr. Neeraj Shekhar, AOR
Mr. Mohit Paul, AOR
Mr. Shalen Bhardwaj, Adv.
Mr. Virender Kumar, Adv.
Ms. Garima Kumar, Adv.
Ms. Lakshmi, Adv.
Mr. Nischal Kumar Neeraj, AOR
Mr. Nishit Agrawal, AOR
Mr. Yashraj Singh Bundela, AOR
Mr. Surjeet Singh, Adv.
Ms. Saloni, Adv.
Mr. Rohan Singla, Adv.
Mr. Pulkit Agarwal, AOR
Mr. S S Bandyopadhyay, Adv.
Mr. Syed Miran Ahmad, Adv.
Mr. Abhaya Nath Das, Adv.
Mr. N D Kaushik, Adv.
Mr. B C Bhatt, Adv.
Mr. Abhay Singh, Adv.
Ms. Swati Mishra, Adv.
Ms. Sitara Yadav, Adv.
Ms. Riya Soni, Adv.
Mr. Hukum Deo Prasad, Adv.
Mr. Yogendra Kumar Verma, Adv.
Mr. Saumya Kundu, Adv.
Mr. Kapil Dev Yadav, Adv.
Ms. Tara Chauhan, Adv.
Mr. Satish Kumar, AOR
Ms. Tulika Mukherjee, AOR
Ms. Divya Jyoti Singh, AOR
Mr. Vinay Garg, AOR
Mr. T.R.B. Sivakumar, AOR
Ms. Manju Jetley, AOR
Mrs. Aishwarya Bhati, A.S.G.
Ms. Archana Pathak Dave, A.S.G.
9
Ms. Suhasini Sain, Adv.
Mr. Shubhranshu Padhi, Adv.
Mr. Rajesh Kr. Singh, Adv.
Mr. Gaurang Bhushan, Adv.
Mr. Amrish Kumar, AOR
Mr. Sudarshan Lamba, AOR, Adv.
Mr. Harsh V. Surana, AOR
Ms. Rakhi Ray, AOR
Ms. Ishita Jain, AOR
Mr. Anand Kumar Shrivastava, Adv.
Ms. Shruti Kanodia, Adv.
Mr. Shivam Sinha, Adv.
Mr. Ankit Bhandari, Adv.
Mr. Manish Kumar Gupta, AOR
Ms. Sakshi Kakkar, AOR
Mr. Akshay Girish Ringe, AOR
Ms. Aswathi M.k., AOR
Mr. L.K. Paonam, Adv.
Mr. Niraj Paonam, Adv.
Ms. Tomthinnganbi Koijam, Adv.
M/S. M. V. Kini & Associates, AOR
Mr. Pradeep Misra, AOR
Mr. Daleep Dhyani, Adv.
Mr. Suraj Singh, Adv.
Mr. Manish Kumar, AOR
Mr. Divyansh Mishra, Adv.
Dr. Menaka Guruswamy, Sr. Adv.
Ms. Jyoti Mendiratta, AOR
Mr. Utkarsh Pratap, Adv.
Ms. Arunima Das, Adv.
Ms. Aditi Tripathi, Adv.
Shaswati P, Adv.
Ms. Ananya Basudha, Adv.
Mr. Ravinder Pal Singh, Adv.
Mr. Puneet Taneja, AOR
Ms. Vrinda Bhandari, AOR
Ms. Charu Mathur, AOR
Mr. Shrirang B. Varma, Adv.
10
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Ms. Divya Roy, AOR
Ms. Shagun Matta, AOR
Mr. Gaurav, AOR
Mr. Gopal Jha, AOR
Mr. Shishir Deshpande, AOR
Mr. D.kumanan, AOR
Ms. Pritha Srikumar Iyer, AOR
Ms. Rooh-e-hina Dua, AOR
Mr. Varun Singh, Adv.
Mr. Anuj Sehrawat, Adv.
Mr. Mudit Gupta, AOR
Ms. Kajal Gupta, Adv.
Ms. K.V. Bharathi Upadhyaya, AOR
Mr. Shekhar Kumar, AOR
Mr. Sandeep Narain, Adv.
Ms. Kanak Malik, Adv.
For M/S. S. Narain & Co., AOR
Mr. Shiv Mangal Sharma, A.A.G.
Mr. Saurabh Rajpal, Adv.
Ms. Shalini Singh, Adv.
Ms. Awantika, Adv.
Mr. Sandeep Kumar Jha, AOR
Ms. Puja Sharma, AOR
Mr. Gautam Narayan, AOR
Mr. Neeraj Kumar Gupta, AOR
Mr. Danish Zubair Khan, AOR
Mr. Vikas Mehta, AOR
Ms. Garima Prashad, Sr. A.A.G.
Mr. Sudeep Kumar, AOR
Ms. Manisha, Adv.
Ms. Rupali, Adv.
11
Mr. Niraj Gupta, AOR
Ms. Shibani Ghosh, AOR
Ms. Jaikriti S. Jadeja, AOR
Mr. Rajan Narain, AOR
Mr. Ayush Sharma, AOR
Mr. Anurag Kishore, AOR
Ms. Mayuri Raghuvanshi, AOR
Dr. Brij Bhushan K Jauhari, Adv.
Mr. Deepak Jyoti Ghildiyal, Adv.
Mr. O P Singh, Adv.
Ms. Murnal Chowdhary, Adv.
Mr. Atul Mahan, Adv.
Ms. Purnima Jauhari, AOR
Mr. Hiren Dasan, AOR
Mr. Ajay Vikram Singh, AOR
Mrs. Priyanka Singh, Adv.
Mr. M Aamir Faiyaz, Adv.
Mr. Anuj Sherawat, Adv.
Mr. K. Paari Vendhan, AOR
Mr. Gurminder Singh Ag, Sr. Adv.
Mr. Rahul Mehra, Sr. Adv.
Mr. Prashant Manchanda, A.A.G.
Mr. Vivek Jain, D.A.G.
Mr. Karan Sharma, AOR
Mr. Varun Singh, Adv.
Mr. Anuj Sehrawat, Adv.
Mr. Mudit Gupta, AOR
Ms. Kajal Gupta, Adv.
Mr. S.S. Shroff, AOR
Ms. Astha Tyagi, AOR
Mr. Sunil Fernandes, AOR
Mr. Kuldip Singh, AOR
Ms. Anushree Prashit Kapadia, AOR
Mr. Ketan Paul, AOR
12
Dr. Ram Sankar, Adv.
Mrs. Harini Ramsankar, Adv.
Mrs. Usha Prabakaran, Adv.
Mr. Maheswaran Prabakaran, Adv.
For M/S. Ram Sankar & Co, AOR
Ms. Malvika Kapila, AOR
Mr. Gaurav Kejriwal, AOR
Mr. Anmoldeep Singh, Adv.
Mr. Happy Chaubey, Adv.
Mr. Vijay Jain, Adv.
Mr. Sameer Abhyankar, AOR
Mr. Rahul Kumar, Adv.
Mr. Aryan Srivastava, Adv.
Ms. Sarthak Dora, Adv.
Mr. Shankey Agrawal, AOR
Mr. Rajiv Yadav, AOR
Ms. Madhumita Bhattacharjee, AOR
Mr. Annant, Adv.
Mr. Sumit Ranjan, Adv.
Mr. Anas Tanwir, AOR
Mr. Vikrant Singh Bais, AOR
Ms. Manali Singhal, Adv.
Ms. Diksha Rai, AOR
Ms. Aanchal Kapoor, Adv.
Mr. Deepak Singh Rawat, Adv.
Ms. Shreya Singhal, Adv.
Mr. Santosh Sachin, Adv.
Mr. Piyush Vyas, Adv.
Ms. Purvat Wali, Adv.
Mr. Soumya Dutta, AOR
Mr. Sameer Kumar, AOR
Mr. Ajay Pal, AOR
Mr. Dhananjaya Mishra, AOR
Mr. Rahul Khurana, AOR
Ms. Srishti Agnihotri, AOR
Ms. K. Enatoli Sema, AOR
Ms. Limayinla Jamir, Adv.
13
Mr. Amit Kumar Singh, Adv.
Ms. Chubalemla Chang, Adv.
Mr. Prang Newmai, Adv.
Mr. Rishi Matoliya, AOR
Mr. D. Abhinav Rao, AOR
Mr. Durga Dutt, AOR
Mr. Avijit Mani Tripathi, AOR
Mr. Vikas Bansal, Adv.
Mr. T.K. Nayak, Adv.
Mr. Avijit Mani Tripathi, AOR
Mr. Upendra Mishra, Adv.
Ms. Rashmi Malhotra, AOR
Ms. Aishwarya Bhati, A.S.G.
Ms. Swarupma Chaturvedi, Sr. Adv.
Ms. Ruchi Kohli, Sr. Adv.
Ms. Suhashini Sen, Adv.
Mr. Chitvan Singhal, Adv.
Ms. Sweksha, Adv.
Ms. Neelakshi Bhadauria, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Gaurav Choudhary, AOR
Mr. Ravindra Kumar, Sr. Adv.
Mr. Binay Kumar Das, AOR
Ms. Priyanka Das, Adv.
Ms. Neha Das, Adv.
Mr. Shivam Saxena, Adv.
Mr. Vikas Bharti, Adv.
Mr. Aravindh S., AOR
Mr. Akshay Gupta, Adv.
Mr. Aadithya Aravindh, Adv.
Mr. M. P. Devanath, AOR
Ms. Ruchi Kohli, Sr. Adv.
Ms. Srishti Mishra, Adv.
Mr. Sumeet Mishra, Adv.
Mr. R. C. Kohli, AOR
Ms. Nidhi Mohan Parashar, AOR
Mr. P. Parmeswaran, AOR
Mrs. Aishwarya Bhati, A.S.G.
14
Mrs. Archana Pathak Dave, A.S.G.
Mrs. Ruchi Kohli, Sr. Adv.
Mrs. Alka Agarwal, Adv.
Mr. Raj Bahadur Yadav, AOR
Ms. Sonali Jain, Adv.
Mr. Ashok Kumar B, Adv.
Ms. Baby Devi Bonia, Adv.
Mr. Anirudh Bhat, Adv.
Mr. Prashant Singh Ii, Adv.
Ms. Sweksha, Adv.
Mr. Nirnimesh Dube, AOR
Mr. Ravindra S. Garia, AOR
Mr. Talha Abdul Rahman, AOR
Mr. M Shaz Khan, Adv.
Mr. Sudhanshu Tewari, Adv.
Mr. Rafid Akhter, Adv.
Mr. Faizan Ahmad, Adv.
Mr. Guntur Pramod Kumar, AOR
Ms. Prerna Singh, Adv.
Mr. Dhruv Yadav, Adv.
Mr. Rishi Sehgal, AOR
Mr. Akash Vashistha, Adv.
Mr. Midhun Aggarwal, Adv.
Mr. Pranav Sachdeva, AOR
Mr. Jatin Bhardwaj, Adv.
Mr. Abhay Nair, Adv.
Mr. Rohit Ram, Adv.
Mr. Sameer Shrivastava, AOR
Mr. D. Abhinav Rao, AOR
Mr. Prakash Ranjan Nayak, AOR
Mr. Nitin Saluja, AOR
Mr. Deepayan Mandal, AOR
Ms. Shalu Sharma, AOR
Mr. Sahil Tagotra, AOR
Mr. Sujay Jain, Adv.
Mr. Zubin Dash, Adv.
Mr. Gajendra Singh Negi, Adv.
Mr. Akhil Anand, AOR
15
Mr. Prashant Singh, AOR
Mrs. Prerna Dhall, Adv.
Mr. Gopinadh Mr, Adv.
Mr. Shivam Ganeshia, Adv.
Mr. Rajyavardhan Mall, Adv.
Mr. Chirayu Jain, Adv.
Mr. Shivendra Singh, AOR
Ms. Prakriti Rastogi, Adv.
Mr. Sabarish Subramanian, AOR
Mr. Vishnu Unikrishnan, Adv.
Mr. Divyanshu Kumar Srivastava, AOR
UPON hearing the counsel the Court made the following
O R D E R
IN RE: POWER PLANTS
1. We are dealing with the issue of pollution created by power plants in Delhi NCR Region. Our attention is invited to Schedule I under the Environment (Protection) Rules, 1986 (for short, “the 1986 Rules). Rule 3(1) of the 1986 Rules lays down that for the purposes of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in Schedule I to IV. Item No.25 of Schedule I of the 1986 Rules deals with Thermal Power Plants. Item No.25 divides the Thermal Power Plants into three categories, namely (i) Thermal Power Plants (units) installed before 31st December, 2002; (ii) Thermal Power Plants (units) installed after 1st January, 2003 upto 31st December, 2016; and (iii) Thermal Power Plants (units) installed from 1 st January, 2017. Table I, which is a part of Item No.25, lays down the outer timelines for making compliance with the parameters other 16 than SO2 emissions and SO2 emissions. Different timelines have been prescribed in the Table for non-retiring units and the retirement of units. In fact, the Table lays down the last date for retirement of units for exemption from compliance. We direct the Union of India to place on record further modifications made to Table I under Item No.25 and explain to the Court the difference between non-retiring units and retiring units.
2. In the note submitted by Ms. Aparajita Singh, learned Senior Advocate appointed as Amicus Curiae, a list of 11 Coal-based Thermal Power Plants has been incorporated, out of which, 04 power plants fall in category ‘A’ mentioned in Table 1 and the remaining 07 power plants fall in category ‘C’ mentioned in Table 1. The Union of India will also set out whether any of these 11 power plants have retiring units.
3. As far as category ‘A’ in Table 1 is concerned, if the power plants falling under the said category are creating pollution, it will affect the pollution level in Delhi if the timelines for compliance in Table 1 have been extended as pointed out by the learned Amicus Curiae.
4. We direct the Commission for Air Quality Management (for short, “the CAQM”) to consider and recommend the norms which must be followed by these 11 power plants and their units till the deadlines provided in Table 1 of Item No.25 reach so that the pollution can be curbed. The CAQM may consult the Ministry of Power and the Ministry of Environment, Forest and Climate Change. 17 We grant time of one month to the CAQM to submit its recommendations. Even the response by the Union of India shall also be filed within a period of one month from today. The CAQM will also consider the note submitted by Shri Pranav Sachdeva, learned Advocate-on-Record.
5. This aspect will be considered on 7th March, 2025 at 2:00 p.m. IN RE: COLOUR-CODED STICKERS
6. Now we deal with the issue of colour-coded stickers for the vehicles. Section 39 of the Motor Vehicles Act, 1988 (for short, “the 1988 Act”) reads thus:
“39. Necessity for registration.— No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:
Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government.”
7. Accordingly, rule-making power has been exercised by the Central Government by framing the Central Motor Vehicles Rules, 1989 (for short, “the CMV Rules”). Clause (iv) of sub-Rule (1) of Rule 50 of the CMV Rules reads thus:
“50. Form and manner of display of registration marks on the motor vehicles:
(1) On or after commencement of this rule, the registration mark referred to in sub-section (6) of Section 41 shall be displayed both at the front and at the rear of all motor vehicles clearly and legibly in the form of security licence plate of the 18 following specifications, namely:— ....
(iv) apart from the registration marks on the front and rear, the third registration mark in the form of self-destructive type, chromium based hologram sticker shall be affixed on the left-hand top side of the windshield of the vehicle. The registration details such as registration number, registering authority, etc., shall be printed on the sticker.
The third registration mark shall be issued by the registering authorities/vehicle manufacturer and their dealers alongwith the regular registration marks, and thereafter if such sticker is destroyed, it shall be issued by the licence plate manufacturer or his dealer:”
8. Clause (iv) of sub-rule (1) of Rule 50 provides for a third registration mark to be issued by the registering authorities/vehicle manufacturers or their dealers along with the regular registration marks. It is also provided that if the third registration mark in the form of a sticker is destroyed, it shall be issued by the licence plate manufacturer or his dealers.
9. The Motor Vehicles (High Security Registration Plates) Order, 2018 (for short, “the 2018 Order”) was issued laying down the obligation of a vehicle manufacturer to follow the procedure laid down therein in regard to the High Security Registration Plate (for short, “the HSRP”) for new vehicles to be sold on or after 1 st April, 2019. Clauses 4, 5 and 6(ix)(a) and (b) of the 2018 Order read thus:
“4. A vehicle manufacturer shall comply with the following procedure in regard to High Security Registration Plates (HSRP) for a new vehicle to be sold on or after 1st April, 2019 namely:-
(a) The type approved High Security Registration Plates including the third registration mark, shall be supplied by the vehicle manufacturers to their dealers, who shall place a mark of registration on such plates and affix them on the automobiles.19
(b) A manufacturer of the motor vehicles shall ensure that the requisite infrastructure required for placing the mark of registration on the security licence plates and printing the third registration plate are available with their dealers.
(c) The cost of high security registration plate and its affixture on the vehicle after placing the mark of registration shall be included in the price of the new vehicle and no additional or itemised cost shall be charged from the vehicle purchaser by the dealer for the same.
5. (i) For the affixation of HSRP on existing vehicles, the high security registration plate including the third registration mark may be supplied and affixed by the dealers of the vehicle manufacturers after placing the mark of registration thereon.
(ii) The manufacturers or suppliers of high security registration plates, if so authorised by the state concerned, may also supply the high security registration plate including the third registration mark on old vehicles after placing the registration mark.
6. A manufacturer of the motor vehicles and their dealers or the manufacturers or suppliers of high security registration plates shall comply with the following specifications, namely— ...
(ix)(a) The background colour for the self-
destructive type chromium based hologram sticker for the Diesel vehicles shall be Orange and it shall be Light Blue for the Petrol and CNG vehicles:
Provided that, vehicles complying with BS VI emission norms shall have a 1 cm green strip at the top in the third registration plate.
(b) For all other vehicles, the background shall be of grey colour.”
10. Therefore, if the 2018 Order is read with Rule 50(1)(iv) of the CMV Rules in the case of all the vehicles sold on or after 1 st April 2019, compliance with the 2018 Order must be made, which includes requirements specified in clause 4(c) of the Order. This 20 Court by an order dated 13th August, 2018 had directed that in the NCR Region, hologram-based stickers of light blue colour shall be used for petrol/CNG vehicles and hologram-based sticker of orange colour should be used for diesel vehicles. The order dated 13th August, 2018 was applicable to all the vehicles in NCR Region and the implementation was to be made by 2nd October, 2018.
11. In view of the 2018 Order, we modify the order dated 13th August, 2018 and direct that (a) as regards the vehicles sold on or after 1st April, 2019, the provisions of the 2018 Order shall apply;
and (b) in the case of vehicles sold on or after 1 st April, 2019, which have not complied with the provisions of the 2018 Order, an action under Section 192 of the 1988 Act shall be initiated by the concerned Governments. Sub-Section (1) of Section 192 of the 1988 Act is attracted when a person drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of Section 39. As noted earlier, Section 39 of the 1988 Act directs that every vehicle which is registered shall carry a registration mark displayed in the prescribed manner. In view of the CMV Rules read with the 2018 Order, if there is non-compliance with the 2018 Order as far as affixation of the third registration mark is concerned, it will attract the provisions of Section 192(1) of the 1988 Act. We, therefore, direct the NCR States to initiate a special drive against such non-compliant vehicles sold on or after 1st April, 2019 and ensure that penal action under Section 192(1) of the 1988 Act is initiated in the case of all such vehicles.
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12. As we have modified our earlier order dated 13th August, 2018 by directing that in respect of all vehicles registered within the NCR States, the requirement of the 2018 Order should be complied with, we direct the State Governments concerned to ensure that even in respect of the vehicles registered within the NCR States prior to 1st April, 2019, the provisions of the 2018 Order are implemented. As far as the State of Delhi is concerned, there is an affidavit filed stating that the dealers of the original manufacturers have been authorised to do the work of affixation of the HSRP and colour-coded stickers. We direct the NCR States to file the affidavits within a period of one month from today, setting out the manner in which they will ensure that every vehicle sold before 1st April 2019 is made compliant with the provisions of the 2018 Order.
13. In addition to the directions issued above, to ensure that the vehicles registered in the NCR States before or after 1 st April, 2019 make compliance with the 2018 Order, we direct the NCR States not to effect or issue, as the case may be, the transfer of ownership, addition of hypothecation, change of address, hypothecation, continuation of hypothecation, duplicate registration certificate, cancellation of hypothecation and not to permit fitness related activities if the vehicle is not compliant with the 2018 Order. In addition to that, the NCR States shall issue directions that no PUC certificates shall be issued to such vehicles unless compliance is made with the 2018 Order. This direction shall be effective from 15 th March, 2025. The NCR States 22 shall give a wide publicity to this order in media, both electronic and print as well as any other manner including sending text messages on the registered cellphone number of the owner. We clarify that action under Section 192(1) of the 1988 Act shall not be taken in respect of vehicles sold before 1 st April, 2025 on the ground of non-compliance with the 2018 Order.
14. The Central Government and all the NCR State Governments shall consider whether a policy decision can be taken to ensure that a substantial number of vehicles purchased by the Governments, Municipal Bodies and other Government Organisations should be electric vehicles. An appropriate decision shall be taken and the same be placed before this Court on or before 17th March, 2025. The same will be considered on 21st March, 2025.
15. We direct the Central Government to call for reports from all the State Governments and the Union Territories regarding compliance with the 2018 order. The reports shall be compiled and filed before this Court on or before 17 th March, 2025 so that necessary directions can be issued to the concerned States on 21st March, 2025.
16. For considering the compliance made by the NCR States, list the Petition on 21st March, 2025 at 2:00 p.m. IA Nos.61328/2020 (CLARIFICATION/DIRECTION) AND 61330/2020 (EXEMPTION FROM FILING O.T.), IA NO.237378/2023 (CLARIFICATION/DIRECTION) AND IA NO.231348/2024 (APPROPRIATE ORDERS/DIRECTIONS)
17. List on 21st March, 2025 at 2:00 p.m. 23 IN RE: SOLID WASTE MANAGEMENT
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 24 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 25 will have to come out with harsh measures. We grant time till 17 th 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) and (e) 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 17th 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.
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27. For considering compliance, list the Petition on 21 st March, 2025 at 2:00 p.m. (ASHISH KONDLE) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 27