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25. 2016 Rules were notified on 08.04.2016 in supersession of Municipal Solid Waste (Management & Handling) Rules, 2000 ('2000 Rules'). The 2000 Rules were dealing only with municipal waste and were applicable to municipal authorities alone. 2016 Rules were notified to overcome this lacuna and place these obligations upon inter alia bulk waste generators also, as the case may be. The difference in the language of 2000 and 2006 Rules, is significant. Rule 2 of 2000 Rules shows that the Rules were applicable to every municipal authority responsible for collection, segregation, storage, transportation, processing and disposal of municipal solid wastes, while Rule 2 of 2016 Rules provides that the Rules shall apply to every Urban Local Body ('ULB), outgrowths in urban agglomerations, census towns, notified areas, notified industrial townships etc. and to every domestic, institutional, commercial or any other non-residential solid waste generator situated in the areas, except cases of industrial waste, hazardous waste, hazardous chemicals, bio medical wastes, e-waste, lead acid batteries and radioactive waste which are covered under separate rules framed under the Environment (Protection) Act, 1986 ('Environment Act'). Rule 4 of 2000 Rules lays down responsibility of Municipal Authority and stipulates that every municipal authority shall, within the territorial area of the municipality, be responsible for the implementation of the provisions of the Rules and any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes, whereas Rule 4 of 2016 Rules lays down the duties of different categories of waste generators. Comparative analysis of relevant Rules is as follows:-

31. The 2016 Rules were promulgated in exercise of powers under Sections 3, 6 and 25 of the Environment Act, which is a Central Act and has an overriding effect, as evident from Sections 5 and 24 of the said Act. Albeit there is no inconsistency or conflict between Environment Act and DMC Act, but assuming that there is any, Environment Act being a special legislation and a subsequent enactment, will prevail over the DMC Act. AAI Act has been enacted under Article 246(1) of the Constitution read with Seventh Schedule of the Union List under Entry 29 and relates to 'Airways, aircraft and air navigation'. Conjoint reading of Section 12(3)(r) read with Section 12(3)(f) and 12(3)(j), leaves no doubt that solid waste management is a commercial function of DIAL within its area and to the exclusion of MCD and clearly, there is no conflict on this aspect between AAI Act and DMC Act. However, assuming a conflict, as per law laid down by the Supreme Court in Solidaire India Ltd. v. Fairgrowth Financial Services Ltd. and Others, (2001) 3 SCC 71, AAI Act being a special Statute will override the DMC Act, which is a general Statute.

SUBMISSIONS ON BEHALF OF MCD:

33. In exercise of powers conferred Sections 3, 6 and 25 of the Environment Act and in supersession of 2000 Rules, Central Government made rules for management of solid waste i.e., 2016 Rules. Pursuant to several orders of this Court in different writ petitions and in exercise of powers conferred under Section 5 of the Environment Act and Rule 4(5) of Environment Protection Rules, 1986 ('1986 Rules') read with Notification dated 10.09.1992, the Hon'ble Lieutenant Governor of GNCTD directed SDMC to give effect to bye-laws for management of Solid Waste in its jurisdiction, as framed by SDMC, in exercise of powers under Rule 15(e), (f) and (zf) of 2016 Rules. The 2017 Byelaws came to be notified in the Delhi Gazette on 15.01.2018 and are being implemented in letter and spirit.

39. The 2000 Rules specifically and separately define 'collection', 'segregation', 'storage', 'transportation', 'processing' and 'disposal' by municipal authority or any other local body and it is clear that 'solid waste' was distinctly identified as a municipal function, which is further fortified by Rule 4(1) prescribing that every municipal authority shall within its municipal area be responsible for collection, storage, segregation, transportation, processing and disposal of municipal solid waste. By the regime of 2016 Rules, MCD brought its own Byelaws to address its obligation as regards solid waste management. The Byelaws were framed in exercise of powers conferred on municipal authorities under Section 5 of Environment Act and Rule 4(5) of the Environment Protection Rules, 1986 read with Notification dated 10.09.1992 and were meant to be implemented by MCD in alignment with Rule 15(e), 15(f) and 15(zf) of 2016 Rules. The collective import of this legal regime is that responsibility for solid waste management in the municipal area of Delhi, except to the extent the applicable Rules require individuals and entities other than municipal authority to carry out segregation of the solid waste by segregating dry from wet waste and hazardous waste, is the sole and exclusive responsibility of MCD and no other entity, private or Government, can by any agreement or law, perform the said function. In light of this strict statutory regime, there cannot be any presumption of abrogation of exclusive rights of MCD in relation to management of solid waste right from the stage of collection of segregated dry waste from bulk waste generators as well as non-bulk waste generators, till the eventual disposal as per Rules and surely, DIAL cannot interfere in this regime taking shelter under AAI Act, OMDA or the Lease Deed. In fact, the upshot of this is that overarching Scheme to deal with solid waste management is not confined to metropolitan cities but its applicability extends pan-India.