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12. Exercising power under Section 12A of AAI Act, AAI executed OMDA dated 04.04.2006 with DIAL for operation, management and development of IGIA and leased 4799 acres of land parcel along with buildings, constructions etc. thereon, by way of Lease Deed dated 25.04.2006. 'Airport Site' includes Airport terminals, passengers as well as cargo, in-flight catering/kitchen services, administrative facilities, such as ATC, Government and Security Agency offices, Airside and Cityside and Aerocity etc. Under OMDA, DIAL as the custodian of the Airport Site has been granted exclusive rights and obligations in respect of aeronautical and non-aeronautical services in the Airport Zone. DIAL is also under an obligation to carry out aeronautical services, enumerated in Schedule 5 thereof, which include waste and refuse treatment and disposal. Pertinently, DIAL has also been managing other facilities, such as maintenance of internal roads, street lighting, horticulture, building approvals etc., since 2007 at the Airport Site. Recognising the rights of DIAL under 2016 Rules and 2017 Byelaws, MCD issued directions vide letter dated 03.07.2017 to comply with Rules and to carry out this objective, DIAL engaged JK Contractors for 10 years, which in turn invested over Rs. 10 crores on setting up the facility and buying equipment as also employing 120 employees. On 17.01.2023, MCD again wrote to DIAL to comply with the 2016 Rules and 2017 Byelaws, in response to which on 09.02.2023, DIAL informed MCD that it was totally compliant with the Rules and was segregating and storing the solid waste, generated at the Airport Site. DIAL also established an MRF under Rule 3(31) of 2016 Rules with adequate measures and precautions required as per DGCA norms, with the approval and permission of DGCA. The correspondence exchanged between MCD and DIAL over the years reflects that MCD was completely cognizant that solid waste management at Airport Site was the function and obligation of DIAL and the municipality could not take over this function.

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:-

methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by the local body.

26. 2016 Rules were notified in exercise of powers under Sections 3, 6 and 25 of Environment Act with the objective of protecting and improving quality of environment and preventing, controlling and abating the environmental pollution as also placing several obligations upon entities other than the local bodies for solid waste management in areas under their control. Rule 3(46) defines 'solid waste' to mean and include solid and semi-solid domestic waste, sanitary waste, commercial waste etc. generated in the area under the local authorities and other entities mentioned in Rule 2. Clearly, 2016 Rules make a distinction between areas under the control of the local body and areas under the control of other entities mentioned in Rule 2 as also solid waste generated in the area under the local body and that generated in the area under control of the other entities. If the exclusive function/obligation of solid waste management in Delhi was that of MCD, as asserted, there was no need for the framers of the Rules to make these fine and nuanced distinctions. The significant departure in the 2016 Rules is highlighted and corroborated by the other provisions, which refer to and obligate/entitle other entities mentioned in Rule 2, to manage solid waste, such as Rule 3(31) which defines 'MRF' and Rule 3(54) which entitles not only the local body but also other entities to impose User Fee. Even otherwise, by a Cabinet Decision taken on 29.12.1997, AAI was designated as the local body/authority for the Airport Site and not MCD. Pursuant to OMDA, DIAL has stepped into shoes of AAI and thus exercises power as the local body/authority in respect of the Airport Site. It is for this reason that DIAL grants approvals for construction activities in the Airport Site with approval from DUAC and not MCD. Importantly, all other public utilities and services within the Airport Site such as maintenance of internal roads, street lighting, parking etc. have been regulated by DIAL for years, with no involvement of MCD.

(d) store horticulture waste and garden waste generated from his premises separately in his own premises and dispose of as per the directions of the local body from time to time.

(2) No waste generator shall throw, burn or burry the solid waste generated by him, on streets, open public spaces outside his premises or in the drain or water bodies.