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New Delhi: The Supreme Court has said that frequent changes in solid waste management rules will not improve the ground reality unless the authorities strengthen the infrastructure for waste management in accordance with the upcoming Solid Waste Management Rules, 2026.
The bench of Justice Pankaj Mithal and Justice SVN Bhatti said this while hearing the application of Bhopal Municipal Corporation, in which the heavy environmental compensation imposed by the National Green Tribunal (NGT), Central Zonal Bench, Bhopal was challenged. NGT, through its disputed orders dated July 31, 2023 and August 11, 2023, had directed Bhopal Municipal Corporation to pay environmental compensation of Rs 1.80 crore and Rs 121 crore respectively.
Taking note of the changing legal system governing municipal solid waste management, the Supreme Court in its order said that the Municipal Solid Waste (Management and Handling) Rules, 2000, which were replaced by the Solid Waste Management Rules, 2016, have now been replaced by the Solid Waste Management Rules, 2026, which are scheduled to come into force from April 1, 2026.
However, a bench headed by Justice Mithal expressed concern over the lack of implementation at the ground level. “The court is of the view that due to various reasons at the ground level, the legal system is not yielding the desired results,” the order said.
Describing the implementation of the new rules as a ‘good step’, the Supreme Court warned that unless the preparatory work is completed on time, mere notification of the new rules will not be enough.
The bench remarked, “The introduction of new rules, though a welcome step, is expected to be completed by the authorities before the effective date is fixed, otherwise the 2026 rules will not improve the ground reality.”
Noting that it would be necessary to ensure adequate infrastructure as per the upcoming 2026 Rules, the Supreme Court said, “Therefore, considering the facts and circumstances of the case, it will be necessary to ensure that infrastructure for waste management is provided as per the 2026 Rules.”
After hearing the arguments of all the parties, the bench proposed to expand the scope of the proceedings by directing the appellant Bhopal Municipal Corporation to include senior officials of the Central and Madhya Pradesh governments as parties in both the appeals. The Court directed that these officers be added as respondents: Additional Chief Secretary, Ministry of Housing and Urban Affairs (Madhya Pradesh) and Principal Secretary, Department of Housing and Environment (Madhya Pradesh).
“The Appellant is directed to make the changes and submit the changed case title on or before the next date of hearing,” the Supreme Court ordered.
The Supreme Court has scheduled the next hearing in the case on February 19.
