The Supreme Court has highlighted a "complete failure" in the implementation of the Solid Waste Management Rules, 2016, within the national capital. It has directed the Chief Secretary of the Delhi government to convene a meeting with all stakeholders to address the issue.

The Supreme Court emphasized the critical importance of ensuring that the Solid Waste Management Rules, 2016, are implemented in both letter and spirit in the capital city.

"If we find that all other authorities do not come together and tell us the time-bound schedule for implementation of the 2016 Rules, the court may have to consider of passing harsh orders," a bench of Justices Abhay S Oka and Augustine George Masih said in its order passed on November 11.

The bench said, "We direct the chief secretary of the Delhi Government to call a meeting of all the stakeholders, including the Municipal Corporation of Delhi, to discuss the issue of implementation of the 2016 Rules.".

The Supreme Court directed all stakeholders to collaborate and submit a unified report to the court, outlining timelines for compliance with the provisions of the Solid Waste Management Rules, 2016. The court further specified that the process of holding discussions and finalizing a common response must be completed by December 13.

"As we have been noticing in other cases also, the 2016 Rules have remained on paper. If in the territory of NCT of Delhi, there is a complete failure to implement the 2016 rules, one can imagine what must be happening in cities in other parts of the country," the bench said.

The Supreme Court observed a dual concern: the lack of implementation of the 2016 rules, leading to the illegal accumulation of garbage and solid waste in landfill sites prone to fires, and the extensive construction activities contributing to the generation of solid and construction waste.

"The Delhi government must come out with the figures for the daily generation of solid waste in the city while submitting the report," it said.

The bench empowered the Special Secretary of the Delhi government's Environment Department to involve relevant officers from the Central government in the meeting, should the implementation of the 2016 Rules require the involvement of any Central department.

"If the special secretary finds that any of the stakeholders are not cooperating, we permit him to move an application to this court to seek directions," the bench said and posted the matter for further hearing on December 16.

The issue of solid waste management in Delhi-NCR has come under the Supreme Court's scrutiny during hearings on pollution in the national capital and its surrounding areas. 

On October 18, the Municipal Corporation of Delhi (MCD) informed the court that by 2026, it would surpass its capacity to process the 11,000 tonnes of solid waste generated daily in Delhi. Earlier, on July 26, the court had raised concerns about the poor implementation of the Solid Waste Management Rules, 2016, cautioning that over 3,000 tonnes of untreated solid waste produced daily in Delhi could trigger a "public health emergency."

Expressing dissatisfaction with the situation, the Supreme Court criticized the MCD for the "sorry state of affairs," pointing out that while the city generates over 11,000 tonnes of solid waste each day, the daily processing capacity of its plants is limited to 8,073 tonnes.