HC Directs MCD to Prevent Unlawful Disposal of Medical and Electrical Waste in the National Capital

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to prevent any unlawful disposal of medical, plastic, and electrical waste in the national capital.

A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also mandated that the civic body take necessary measures against all non-compliant establishments under the provisions of the Delhi Municipal Corporation Act, 1957.

“The MCD shall guarantee the prevention of unauthorized disposal of medical, plastic, and electrical waste in Delhi, in alignment with the established legal mandates. The MCD is obliged to enforce suitable actions as per Section 416 of the DMC Act against all defaulting entities, and other relevant authorities are similarly obliged to undertake suitable measures in accordance with the law against all violating entities within Delhi,” the court stated.

The court further directed the MCD to meticulously adhere to the statutory regulations outlined in environmental laws. It further instructed the swift conclusion of actions initiated against units that are transgressing norms, including those operating in non-industrial sectors, all to be completed within a span of four months.

The division bench passed the order while closing a suo motu public interest litigation that it had initiated in 2020. The impetus behind this litigation stemmed from a letter received by the court, raising concerns over pollution in various city villages due to the improper disposal of electronic, plastic, and medical waste, alongside emissions from other polluting industrial units.

Acknowledging the MCD’s status report, which verified that no illicit incineration of plastic waste occurred in industrial zones housing unlicensed units, the court noted that no plastic/PVC wholesale market operated within the jurisdiction of the former North DMC, where typically mass incineration of plastic/PVC waste takes place.

“Given the information presented in the aforesaid Status Reports, this Court deems it unnecessary to issue further orders or directives. Nevertheless, it is emphasized that the MCD must diligently enforce compliance with the statutory provisions under Environmental laws,” it added.