Order of the National Green Tribunal in the matter of Almitra H. Patel & Others Vs Union of India & Others dated 04/02/2022.

The application was filed before the NGT to modify/vacate the stay granted by the NGT order, December 14, 2017 (O.A. No. 199 of 2014), whereby the court directed that till the sites are earmarked and finalized for being utilised for management of solid municipal waste in Delhi including setting up of a landfill site, composting, RDF plant and waste to energy plant, all the authorities including the Delhi Development Authority, DSIJDC, Corporation shall not place or award work for building up of any commercial building in the lands which have been referred to for the site.

Further, the NGT, October 27, 2020 had said that the issue of waste management be first sorted out by the Chief Secretary and the Lieutenant Governor, Delhi and a fresh application could be filed thereafter. After the NGT order, October 27, 2020, the Chief Secretary, Delhi held a meeting, December 15, 2020 - the municipal corporations of Delhi submitted their requirements of land and the matter was forwarded to L.G. for a decision on the subject. Land in question of the DSIIDC is not required for waste management by the corporations and, thus, the said land could be allowed to be used for commercial purposes measuring 147 acres at Ranikhera-Mundka, Delhi.

The NGT noted that when the municipal corporations were asked about the progress in handling waste, the only response was that they do not require the land for waste management. The court also mentioned the applications filed by the municipal corporations of Delhi stating that non-availability of land is the major hurdle in setting up of TSDF/STPs/scientific filling of waste/scientific landfill /biodiversity park as a result of which the city continues to face mountains of garbage affecting air quality of the city and continuing damage to Yamuna due to dumping of waste and discharge of untreated sewage and effluents. Thus, the NGT dismissed the application.