Delhi Pollution Crisis | SC pushes for strict implementation of Solid Waste Management Rules

“It’s a collective effort”, Justice A.S. Oka said as he was tying a knot on a thick file of papers concerning the Delhi air pollution crisis. Since November last year, his Court has been monitoring the situation in the NCR and passing directions to reduce the air pollution in the region. Even as the air quality improved, the Court did not stop. The judges shifted their focus to long-term measures to ensure that the crisis in Delhi is not an annual occurrence. 

In the latest hearing on 27 January, Justice Oka, joined by Justice Ujjal Bhuyan, passed orders in matters concerning the closure of power plants, colour-coded stickers on vehicles and solid waste management in the NCR. The amicus curiae Senior Advocate Aparajita Singh submitted that the hearings in these matters were in their final stages. Singh along with Additional Solicitor General Aishwarya Bhati, has been assisting the Court since the first hearing in November 2024.

Power plants: Generate electricity (and pollution) 

Singh informed the Court that thermal power plants contribute “eight percent of the pollution” in the Delhi-NCR region. She stressed that these plants are required to comply with emission norms under the Environment Protection Rules, 1986, but their compliance has been delayed by the issuance of repeated extensions by the Ministry of Environment. This ongoing delay, she argued, has allowed pollution-causing plants to continue operating. Justice Oka sharply stated, “If these timelines have to be extended, it gives a license to them to create pollution.”

The timelines in question apply to “non-retiring” thermal power plants, which are divided into three categories. Category A plants, located within 10 kilometers of NCR, were required to meet the norms by 31 December 2024. However, Singh stated that these plants failed to comply. Category B includes plants within 10 kilometers of critically polluted areas, and Category C comprises plants outside these zones. Both have a compliance deadline of 31 December 2026.

Singh revealed that there are 11 coal-based thermal plants near NCR. Of these, four fall under Category A and seven under Category C. Initially, these plants were supposed to comply with emission norms by 2022. However, the COVID-19 pandemic caused delays, leading to extensions. Different timelines have also been prescribed for “retiring” and “non-retiring” units. During the hearing, Justice Oka asked whether there was a formal definition for the term “non-retiring units”. When no satisfactory answer was provided, he directed the Union government to submit a reply explaining the definitions of “retiring” and “non-retiring” units.

Justice Oka further instructed the Union to categorise the 11 thermal plants into “retiring” and “non-retiring” units, with a particular focus on Category A. Expressing concern over repeated deadline extensions, he directed the Commission of Air Quality Management (CAQM) to formulate and recommend norms for these plants to follow until the new deadlines are enforced. The CAQM was also asked to consult with the Ministry of Power and the Ministry of Environment and Forests, with recommendations to be submitted within one month.

Initially, Justice Oka had considered invoking Article 142, to enforce earlier compliance. He stated that significant improvements would not occur until 2027 otherwise. Singh urged the Court to rely on the CAQM report before passing an order under Article 142, stating that it could provide a strong basis for such an order. Article 142 empowers the Court with discretionary powers to pass any order in the interest of ‘complete justice’. 

Compulsory colour

The bench modified an order from 13 August 2018, which had mandated that all vehicles in the NCR must display a coloured sticker on their windshields indicating the type of fuel used. Light blue stickers were required for petrol/CNG vehicles and orange for diesel vehicles. The deadline for the implementation of this directive was set for 2 October 2018. The modified order extends the mandate to vehicles purchased even after October 2018. 

The bench referred to an amendment under Rule 50 of the Central Motor Vehicle Rules, 1989, which required all vehicles purchased after 1 April 2019 to carry a third registration mark. This mark, a colour-coded hologram sticker, was mandated under the High-Security Registration Plates (HSRP) order issued by the Ministry of Road Transport and Highways in 2018. In the modified order, the Court extended the August 2018 directive to include all vehicles purchased after 1 April 2019 in the NCR.

The order also held that non-compliance with the August 2018 order would attract penalties under Section 192 of the Motor Vehicles Act, 1988. Violations under this section can result in imprisonment of up to one year and fines of up to ₹10,000. The order will apply to all states within the NCR. Additionally, the bench directed NCR states to submit affidavits detailing how vehicles purchased before 1 April 2019 would comply with the directive.

The order also restricts the transfer of ownership, changes in address, and issuance of duplicate registration certificates for non-compliant vehicles. Further, vehicles failing to meet the requirements will not receive Pollution Under Control (PUC) certificates.

The bench directed the Union to collect compliance reports from all state governments and union territories. These reports are to be compiled and filed by 17 March so that further directions can be issued on 21 March 2025, the date of the next hearing.

Justice Oka also directed the NCR states to consider a “policy decision” to adopt electric vehicles as government vehicles.

A “solid” implementation 

Justice Oka expressed concern over the 3000 tonnes of untreated solid waste being generated daily in Delhi and demanded an immediate solution from Senior Advocate Menaka Guruswamy, representing the Municipal Corporation of Delhi (MCD). Guruswamy assured the bench that the MCD would comply with solid waste management requirements by December 2027. However, Justice Oka criticised this timeline, warning that the pile of untreated waste would only grow in the interim. In response, Guruswamy highlighted the development of facilities aimed at tackling solid waste, promising that Delhi would lead in solid waste management by early 2028. Justice Bhuyan sought an explanation for interim measures to address the waste issue while long-term solutions were being implemented.

ASG Bhati informed the Court about the obligations of bulk waste generators—entities producing over 100 kilograms of waste daily. According to Rule 4 of the Solid Waste Management (SWM) Rules, 2016, these bulk waste generators are required to segregate biodegradable, non-biodegradable and domestic hazardous waste and dispose of it using their own facilities. Bhati revealed that out of 2923 bulk waste generators in Delhi, only 750 had been identified, despite the rules applying to commercial establishments, hotels, schools and places of worship, among others.

Justice Oka observed that the core issue was the lack of enforcement of the SWM Rules. In his order, he batted for the strict implementation of Rule 4, asserting that while this might not directly solve the untreated waste issue, it would significantly reduce the amount of waste requiring centralised treatment. The Court directed the formation of teams to oversee Rule 4’s enforcement and urged the Delhi government to disseminate the order widely.

The bench warned that failure to implement the SWM Rules effectively would compel the Court to take drastic measures, such as halting construction activities in Delhi. The order also stated that violations of Rule 4 would be penalised under Section 15 of the Environment Protection Act, 1986. The provision penalises any contravention of rules, orders and directions made under the Act. 

The Court will hear the case again on 21 March 2025.