Institute of Legal and Management Studies

Bharatiya Janata Party-led Delhi government has sought to withdraw from Supreme Court the appeal filed by erstwhile Aam Aadmi Party-led government against a National Green Tribunal order which appointed the Delhi Lieutenant Governor as Head of the Solid Waste Monitoring Committee.

The matter was mentioned today before a bench of Justices Surya Kant and N Kotiswar Singh by Additional Solicitor General Aishwarya Bhati.

The ASG submitted that the Delhi government is infact seeking withdrawal of 7 cases (regarding an Ordinance, an Act and Chairmanship of the LG in some Committees), which the Court "need not trouble" itself with anymore.

At her request, the bench listed all 7 matters tomorrow.

In the matter listed for mentioning today, vide order dated February 16, 2023, NGT Principal Bench, New Delhi appointed the Delhi LG as head of the Solid Waste Monitoring Committee for the purposes of handling solid waste management in the national capital.

Other members of the Committee were Delhi Chief Secretary (Convener), Secretaries, Urban Development, Forest and Environment, Agriculture, and Finance, Delhi Government, Vice Chairman, DDA, Secretary or his nominee (not below the rank of Additional Secretary), Ministry of Agriculture, GoI, D.G. Forest or his nominee (not below the rank of DDG), MoEF&CC, GoI, Secretary, MoUD or his nominee not below the rank of Additional Secretary, Secretary, MoEF&CC or his nominee not below the rank of Additional Secretary, Chairman CPCB, Commissioner, Municipal Corporation of Delhi and jurisdictional District Magistrates and DCPs.

The Committee was to deal with all issues relating to solid waste management including setting up of new waste processing facilities, augmenting existing waste processing facilities and remediation of legacy waste sites. The Tribunal observed in its order,

“we are of the view that in the given situation when emergent situation remains untackled after monitoring at the level of Hon'ble Supreme Court for 18 years and at the level of this Tribunal for the last nine years, monitoring should now be at the highest level of Administration in Delhi”

The present appeal was filed under Section 22 of the NGT Act, arguing that the appointment of LG as the head of the Committee was violative of provisions of the Constitution. “The executive power for matters relating to local governance lies exclusively with the State Government (GNCTD) under the Constitution, except to the extent limited by an express Parliamentary law,” the plea stated.

Further, it was highlighted that “Public health, sanitation and Solid Waste Management” were enshrined under Entry 6 of Schedule 12 of the Constitution which gave power to the local government i.e. the municipal corporations in Delhi to deal with the issues concerning the same.

Referring to Article 239AA of the Constitution, the Delhi government also argued, “LG is only a nominal figurehead except in areas of police, order and land where he exercises his powers in lieu of the power designated by the Constitution.”

It was further contended, “the remedial steps as suggested by the NGT such as setting up new waste processing facilities, augmenting existing waste processing facilities and remediation of legacy waste sites are all which require budgetary allocations that are authorised by the Delhi Government. Hence, the role of the elected government becomes extremely necessary in this regard.”

The NGT decision was clearly in violation of federal principles which governed the NCT of Delhi as it took away the power of allocating finances from the Delhi government, the plea said.

Case Title: GOVT. OF NCT OF DELHI v. NATIONAL GREEN TRIBUNAL AND ORS., Civil Appeal No. 5388/2023