SC cracks down on NCR waste crisis, orders officials to ensure 100% segregation
The directive came in response to a petition by lawyer-activist MC Mehta, seeking action against pollution. A bench led by justice Abhay S Oka also recommended that the Centre consider reducing the 18% goods and services tax (GST) on products made from recycled construction and dust waste, noting that the sector needs incentives.
The court ordered states to submit realistic projections of municipal solid waste (MSW) generation over the next 25 years and to present corresponding action plans to handle the growing volume. It also mandated that nodal officers submit quarterly compliance reports starting September 1, 2025.
Urban local bodies across NCR were tasked with clearing legacy waste from landfills and furnishing data to the Commission for Air Quality Management (CAQM) on actions taken in response to complaints about pollution at construction and development sites.
Additionally, the court directed a widespread awareness campaign on the Solid Waste Management (SWM) Rules, 2016, which penalise failure to segregate waste at source. Bulk waste generators—those producing over 100kg of waste daily—must ensure no dumping, burning, or burying of waste in public spaces or water bodies.
The Municipal Corporation of Delhi (MCD) informed the court that it aims to achieve full segregation at source—including dry and wet, biodegradable and non-biodegradable waste—by January 2027. The Greater Noida authority said it plans to clear landfill legacy waste by August 2025. Haryana reported current segregation at 45%, with a target of 100% by year-end.
Senior advocate Aparajita Singh, assisting the court along with senior advocate Udita Babbar, submitted recommendations to enforce strict timelines and proposed designating a high-ranking official responsible for implementation.
The bench, also comprising justice Ujjal Bhuyan, said, 'We direct the states of Haryana, Rajasthan, UP and National Capital Territory of Delhi, as well as MCD, to designate a high-ranking nodal officer to supervise compliance to achieve 100% segregation of waste. The same officer shall supervise 100% collection of solid waste... The nodal officer, in both cases, shall file regular compliance reports, starting from 1 September 2025 and every quarter thereafter.'
On the high GST charged on recycled products, the bench said, 'We direct Union government to consider this issue by placing it before the concerned authority. We recommend that the activity needs to be incentivised for the cause of environment.'
The court also questioned the absence of a standing committee in the MCD and said it would revisit the issue at the next hearing.
'Considering large-scale construction and development activities, generation of MSW is bound to increase. All NCR states must make a realistic estimate of MSW generation in the next 25 years, so authorities are prepared to deal with the rising quantum.'
The court directed states to outline measures being taken by September 1. It also asked the CAQM to file an affidavit detailing complaints received by state pollution boards and urban local bodies regarding dust and construction waste violations, and actions taken.
'The affidavit shall give categorical data, indicating number of complaints filed against individuals and government entities,' the court said, pointing out that states are empowered under the CAQM Act to act against violators.
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