The Supreme Court directed the Delhi Chief Secretary to appear on December 19, warning of action under the Contempt of Courts Act if compliance with its November 11, 2024 order is not reported. The matter pertains to the implementation of the Solid Waste Management Rules 2016, which remain inadequately enforced. The court expressed dissatisfaction with the Delhi government’s handling of waste management issues.
New Delhi: The Supreme Court of India raised concerns over non-compliance and summoned the Chief Secretary of the Delhi government to appear via video conferencing on December 19.
Justices Abhay S. Oka and Manmohan stated,
“If an affidavit reporting compliance with the order dated November 11, 2024, is not filed, the court will initiate action under the Contempt of Courts Act against the officials concerned of the Delhi Government.”
During the hearing, Senior Advocate Aprajita Singh, representing Amicus Curiae in the case, expressed shock that the Chief Secretary had not been able to compile the required data in a month.
The court also addressed the implementation of the Solid Waste Management Rules 2016 by the Greater Noida Development Authority, directing it to submit a further affidavit detailing the steps taken by January 31, 2025.
The bench clarified its focus on the implementation of these rules by the authority and requested the National Green Tribunal to refrain from addressing the issue for now.
According to the order from November 11, 2024, the Delhi government tasked with providing data on daily solid waste generation in relation to the MC Mehta case concerning pollution in Delhi NCR. On December 5, the Supreme Court had permitted a relaxation of Graded Response Action Plan (GRAP) measures from Stage IV to Stage II, emphasizing that GRAP IV would remain effective until a consistent downward trend in air quality index (AQI) was observed.
ASG Aishwarya Bhati noted a downward trend in AQI levels, a point supported by Senior Advocate Aprajita Singh, who called for the relaxation of GRAP IV while stressing the need for its implementation.
The court criticized the Delhi government for its insufficient implementation of GRAP IV measures, highlighting failures in enforcing these measures and in managing truck entries into the NCR region. It instructed the Commission for Air Quality Management (CAQM) to communicate necessary measures to relevant authorities and ensure their effective implementation.
Earlier, the Supreme Court emphasized that GRAP-4 measures would remain in force, except for modified restrictions on educational institutions, until further notice. The court had also appointed 13 Bar members as court commissioners to oversee the enforcement at truck entry points.
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On November 23, the court issued a circular urging the public to wear masks and adopt health measures due to deteriorating air quality. It reiterated the need for strict adherence to GRAP Stage 4 across the NCR.
The Supreme Court previously noted the delay in imposing a firecracker ban, asserting that
“No religion promotes any activity that contributes to pollution or compromises the health of people.”
Additionally, it recognized stubble burning as a fundamental rights violation under Article 21 of the Constitution, urging immediate action from the governments of Punjab, Rajasthan, Haryana, and Uttar Pradesh to stay this practice.
Finally, the Supreme Court remarked on the high number of taxis on Delhi roads, often with only one passenger, contributing to the worsening pollution situation in the NCR.