- (1.) On reading the affidavits, it is clear that both the office of the Lt. Governor as well as the Government of NCT of Delhi are in agreement that the question of solid waste management in Delhi is the responsibility of the Municipal Corporations and that the Lt. Governor has the responsibility under the Act to issue directions in this regard in appropriate cases under Section 487 of the Delhi Municipal Corporation Act, 1957. We have not been told of any such directions issued by the Lt. Governor in spite of the grave situation of mountains of garbage in Bhalswa, Okhla and Ghazipur. There is obviously dereliction of duty by the Municipal Corporations and the Lt. Governor. The magnitude of the problem caused by these three sites is clear from a chart handed over in Court by learned Additional Solicitor General. The chart speaks for itself. It indicates that the maximum dump height in these three mountains/dumpsites has been exceeded by almost three times in some cases. This is a clear indication of the inaction or the so-called action taken by the office of the Lt. Governor or the Lt. Governor, as the case may be, to remove solid waste from the dumpsites in Delhi. To compound the problems, the chart placed by learned Additional Solicitor General indicates that so far as the East Delhi Municipal Corporation and the North Delhi Municipal Corporation are concerned, the gap in waste processing in tons per day is more than the waste processing proposed in tons per days. In other words, as far as the future is concerned, the proposed waste processing is less than the waste that is going to be dumped. Therefore, the dumpsites in Ghazipur and Bhalswa will go on increasing relentlessly. Fortunately, as far as South Delhi Municipal Corporation is concerned, there has been some application of mind and waste processing is more than waste dumping. Hopefully, the height of the dumpsite will reduce at Okhla. The chart given by learned Additional Solicitor General also gives some construction and demolition of waste, legacy waste and de centralised waste management which contains certain time-lines and action that is taken or likely to be taken in the near future. We would like to have all this information on affidavit from the office of the Lt. Governor. The affidavit be filed on or before the next date of hearing, i.e., 16th July, 2018. We have been told by Mr. Dilip Ramnani, Chief Engineer, South Delhi Municipal Corporation that height of the dump in Okhla on 1/5th of the dumpsite has been reduced by about 10 meters in about last six months. He has informed us that by March, 2019 probably the height of the dumpsite in Okhla would be reduced by 7 meters over the entire dumpsite which is 32 acres. This should be stated on affidavit. The affidavit be filed on or before the next date of hearing.
(2.) We have been informed by learned Additional Solicitor General that there are no funds available with the East and North Delhi Municipal Corporations and that is one of the problems why solid waste management problems are not being attended to. We find this to be rather surprising that because of the shortage of funds Delhi should be converted into a dump - this is the condition of the capital of the country.
(3.) It has been brought to our notice by Mr. Colin Gonsalves, learned amicus curiae that certain steps have been taken by the Gurugram Municipal Corporation which have been very successful in managing sold waste, particularly at a dumpsite. Since Gurugram is not so far away, it will be worthwhile if the office of the Lt. Governor takes the advice of the Commissioner of Gurugram Municipal Corporation in this regard. To confirm the availability of the expertise in Gurugram Municipal Corporation, we require the presence of the Commissioner of the Gurugram Municipal Corporation in Court on 16th July, 2018. The Registry will ensure that a communication is sent to him/her at the earliest along with a copy of the order passed today.;