Holding

The Court directed the formation of a Committee for Class‑I Cities with specific terms of reference to examine and recommend improvements in urban solid waste management.

Summary

In a writ petition under Article 32, Almitra H. Patel and another sought directions for improvement of urban solid waste management in Class‑I cities, alleging violations of the right to a healthy environment. The Supreme Court examined the need for a coordinated approach involving municipal corporations, state governments and the central government. Recognizing the urgency and the lack of a comprehensive framework, the Court ordered the constitution of a Committee for Class‑I Cities to study existing practices, recommend hygienic processing, review municipal bye‑laws, and formulate standards and timelines. The Committee was to comprise officials from municipal bodies, the Ministry of Environment, and civil society, with a deadline to submit its report by 30 June 1998. The Court also directed logistical and financial support from the Ministry of Urban Development and the concerned states, while the petition remained pending for further adjudication.

Issues considered

What relief, if any, can be granted under Article 32 to address deficiencies in urban solid waste management?
Whether the Court should direct the government to constitute a committee to examine and recommend improvements in solid waste management for Class‑I cities.

Subjects

Environmental LawUrban Solid Waste ManagementArticle 32Right to EnvironmentMunicipal Bye‑lawsCommittee FormationPublic Health

Judgment

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\
A ALMITRA H. PATEL AND ANR.
v.
UNION OF INDIA AND ORS.

JANUARY I 6, 1998

B [J.S. VERMA, CJI., B.N. KIRPAL AND V.l~. KHARE, JJ.)

Environmental Law :

Urban Solid Waste Management-Committee appointed·to give report
c for Class-I Cities on existing practice for improvement and to review Municipal °"·
bye-laws and powers of local bodies and Regional planning authorities and
to suggest necessary·_ n1odifications:

O~GINAL JURISDICTION: Writ Petition (c) No. 888of1996.

D Under Article 32 of the Constitution of India.

Aftaf Ahmad, Additional Soliciter General, Joseph Vellapally, N.N.
Goswami, Bhimrao N. Naik, R. Mohan, T.C. Ray, A. Raghubir, Nikhil Sakhadande,
R.N. Karanjawala, Ms. Manikaranjawala, Ms. Nandini Gore, Y.P. Mahajan, P.
E Parmeswaran, Ms. Anil Katiyar, D.N. Mishra, M.N. Shroff, R.K. Maheshwari,
S.K. Agnihotri, Ms. Yogmaya Agnihotri, V.G. Pragasam, Anil Shrivastav, Vijay
Panjwani, 0. Prakash, Ms. Beena Prakash, Ashok K. Srivastava, H.S. Parihar,
Gyanendra Agarwal, Bharat Sangal, K.R. Nagaraja, K.K. Tyagi, H.K. Puri, Bijan
Ghosh, K.B. Rohtagi, Aparma Rohtagi, B.S. Chahar, Prem Malhotra, Ashok
Mathur, S.K. Mehat, Dhruv Mehta, Fazlin Anam, Ms. Sobha Verma, Ms. A
F Subhashini, K.S. Bhati, Bhaumik, K.H. Nobin Singh, Ms. Hemantika Wahi, Ms.
Neithomp Rhetro, S.C. Patel, B.B. singh, Shiv Sagar Tiwari, Ms. Kirti Mishra,
Pradeep Mishra, Ms. Niti Dikshit, T. Mahipal, Uijwal Banerjee, Gopal Singh, V.
Krishna Murthy, M.A. Chinnasamy, K. Ram, Kumar, Ms. Asha N. Nair, C.
Balasubramanian, Y. Subba Rao, Santhi Narayan, Ranjan Mukherjee, R.S. Sodhi,
G Kailash Vasdev, C.K. Sasi, Z. Angami, Mr. D.M. Nargolkar, Sunil Kumar Jain,
Vijay Hansaria and Jatinder Kumar Bhatia for the appearing parties.

The following Order of the Court was delivered :
·• -+
We have heard learned Additional Solicitor General and Shri Vellapalli,
H learned Senior counsel. We consider it appropriate at this stage to constitute
220
.I
A.H. PATEL v. U.0.1 221
(

a Committee and to specify the specific aspects which the Committee is A
required to examine. We direct accordingly.
).._
The Committee for Class -I Cities (having population over one lac) shall
consist of the following:-
I. Mr. Asim Burman (Commissioner Calcutta B
Municipal Corpn.) Chairman
..... Mr. S R Rao (Secretary, SS!, Govt. of Gujarat
. ' 2.
& ex-C0mmr.,Surat) Member
3. Mr. SK Chawla, Chief Engineer, CPWD Member
4. Mr. PU Asnani (Urban Env.
Infrastructure Rep. for India, USAID and Consultant, c
Ahmedabad Mun. Corpn.) Member
5. Dr. Saroj (Jt. Director, Ministry of
Environment & Forests) Member
6. Mr. Rajat Bhargava (Commissioner,
Vijayawada Mun. Corpn.) Member
D
7. Mr. yogendra Tripathi Member
(Dy. Secy. Urban Dev MOUA&E) Secretary
8. Mrs. Almitra Patel Member
(Convener, INTACH Waste Network)

The terms of Reference for the committee s·hall be as under:- E
To look into all aspects of urban solid waste management, particularly:

I. Examine the existing practices and to suggest hygienic processing
and waste disposal practices and proven technologies on the
basis of economic feasibility and safety which the Corporations/
F
Government may directly of indirectly adopt or sponsor.
2. Examine and suggest ways to improve conditions in the formal
and informal sector for promoting eco-friendly sorting, collection,
transportation, disposal, recycling and reuse.
3. To review Municipal bye-laws and the powers of local bodies G
and regional planning authorities and suggest necessary
modifications to ensure effective budgetirig, financing,
r- administration, monitoring and compliance.
4. Examine and formulate standards and regulations for management
of urban solid waste, and set time frames within which the H
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222 SUPREME COURT REPORTS [1998) 1 S.C.R.

A authorities shall be bound to implement the same.

The committee is requested to give its report as early as possible
preferably not later than 30th June, 1998. The committee is also requested to
give such interim reports as it may find convenient so to do.

B The secretarial assistance at Delhi will be provided by the Ministry of
Urban Development which will also make all other arrangements required by
i.Oe committee for its proper functioning \vhile arrangements within the States/
Union Territories would be made by the concerried State/UT. The expenses
incurred for the purpose to the same exteot would be borne at this stage by
the Ministry of Urban Development and the concerned State Governments/ ~
C UTs. The final responsibility for meeting these expenses would be decided
later on.

The local authorities and concerned State Governments/Union Territories
shall extend all cooperation and assistance to the committee for its proper
D functioning.

List the matter on 20th July, 1998.

R.P. Petition Still Pending.