Delhi’s untreated waste issue a public health emergency: SC
As a measure to tackle solid waste, the bench directed the Delhi government to take a time-bound decision within three weeks on a proposal by MCD
The Supreme Court on Friday lamented the “sorry state of affairs” in regards to untreated solid waste in the Capital generated to the tune of over 3000 tonnes every day, terming it a “public health emergency” and nudging Centre, and states of Delhi, Haryana and Uttar Pradesh, to work out immediate steps for resolving this crisis.
A bench headed by justice AS Oka said, “This is a public health emergency. It is a sorry state of affairs as regards generation of solid waste in the Capital,” as it went through action plans submitted by the municipal corporations of Delhi, Gurugram, Faridabad and the Greater Noida Industrial Development Authority.
The action plan submitted for Delhi set a target of three years for setting up additional waste processing facilities. Noting that by 2027, waste generated will also multiply, the bench, also comprising justice Augustine George Masih said: “We don’t see a light the end of the tunnel as going by the affidavit and assuming timelines are abided with, there is no possibility of creating facility in Delhi till 2027 to deal with treatment of 11,000 tonnes per day... and we are sure this figure will keep on increasing.”
The court directed the secretary in Union ministry of environment, forests and climate change (MoEFCC) to convene a meeting of all concerned states, commissioner of Municipal Corporation of Delhi (MCD) and other officials to work out an immediate solution. The court posted the matter to September 6.
{{/usCountry}}The court directed the secretary in Union ministry of environment, forests and climate change (MoEFCC) to convene a meeting of all concerned states, commissioner of Municipal Corporation of Delhi (MCD) and other officials to work out an immediate solution. The court posted the matter to September 6.
{{/usCountry}}Senior advocate Aparajita Singh, assisting the court as amicus curiae, coined the term “public health emergency” as she told the court that pollution has been found to claim several lives and in winter, the untreated waste adds to the depleting air quality resulting in breathing ailments and pollution-related deaths. She demanded that any steps be taken should be on a “war-footing”.
As a further measure to tackle solid waste, the bench directed the Delhi government to take a time-bound decision within three weeks on a proposal by MCD to give it more financial powers to approve rate and agency contract beyond ₹5 crore in relation to solid waste management projects.
The action plan came in response to an earlier order of the court passed on May 13 where it was shocked to note that out of a total waste of 11,000 tonnes per day (tpd) generated in the Capital, only 8,073 tpd is being processed, leaving 3,800 tpd of untreated waste being dumped at the Ghazipur and Bhalaswa dumpsites. The gap between the generation and processing of solid waste was found to be equally alarming in other NCR towns as well, with the untreated waste dumped each day being 946 tpd in Gurugram, 590 tpd in Faridabad, and 198 tpd in Greater Noida.
The court directed that the meeting to be convened by Centre shall also discuss steps for Faridabad, Gurugram and Greater Noida as it noted: “The situation is serious in the other three places as well.” The bench found total non-compliance of the Solid Waste Management Rules 2016 in the Capital and NCR towns. “We direct MoEFCC secretary to call a meeting of officers of all civic authorities, state governments to come out with immediate solution to deal with the health emergency crisis.”
Additional solicitor general (ASG) Aishwarya Bati, appearing for the Centre, pointed out that since the last order, Centre has held two rounds of meetings with authorities in the three states to ensure compliance under the 2016 Rules.
MCD represented, by senior advocate Menaka Guruswamy, detailed the steps being taken by the civic body in complying with the court’s order. The bench said, “You are not obliging anybody by complying. These figures fall foul of the 2016 Rules.”
Guruswamy said that on one hand, the agency was unable to expand the existing waste treatment plants due to pending litigation with contractors. As regards, new projects, a 3,000 tpd waste-to-energy plant at Narela-Bawana and a 2,000 tpd waste-to-energy plant at Ghazipur is expected to become operational in the next three years. Besides, she added, by March next year, two compressed biogas plants will be set up at Okhla and Gogha Dairy to treat approximately 400 tpd waste.
The court was hearing a petition on pollution in Delhi filed by environmental activist and lawyer MC Mehta in 1985, in which orders have been passed from time to time. In these proceedings, the court was apprised by the Commission for Air Quality Management (CAQM) for Delhi and adjoining areas of the steps taken to curb pollution under a multi-pronged approach.
In the past, the court had said, “Generation of solid waste in such large quantity affects the environment and also directly affects the fundamental rights of citizens under Article 21 of the Constitution of India to live in a pollution free environment.”
In May, the court observed that treating solid waste is a vital issue for the Capital. It had asked the governments at Centre and Delhi to “travel beyond politics” as the issue concerned reputation of Delhi, the capital city of India, when we talk of development.
