The Supreme Court was informed by the current Delhi Government of its intent to withdraw an appeal filed against the National Green Tribunal’s (NGT) decision appointing the Lieutenant Governor (LG) of Delhi as the Chairperson of the Solid Waste Monitoring Committee. The Court acknowledged this move and listed multiple related matters for hearing, noting that the issues raised may no longer warrant judicial scrutiny.
The controversy originated from an order passed by the Principal Bench of the NGT on February 16, 2023, directing that the LG of Delhi would serve as the Chairperson of a high-level committee constituted to oversee solid waste management in the national capital. This directive was issued in light of persistent failures in waste management despite nearly two decades of judicial monitoring by the Supreme Court and the NGT.
The composition of the committee included top administrative officers such as the Delhi Chief Secretary (as Convener), Secretaries of Urban Development, Environment and Forest, Finance, Agriculture, Vice Chairman of the DDA, senior officers from the Ministries of Agriculture, Environment, Urban Development, Chairman of CPCB, Municipal Commissioners, and District Magistrates with jurisdiction.
The NGT emphasized that an urgent and effective administrative oversight mechanism was necessary to implement long-pending waste management reforms, and hence deemed it appropriate for the LG to head the committee. The initial appeal, filed under Section 22 of the NGT Act by the previous AAP-led Delhi Government, questioned the constitutional validity of the LG’s appointment as the head of the said committee. The plea asserted that the order impinged upon the executive domain of the elected state government, contrary to the framework envisaged under the Constitution of India.
It was argued that under Article 239AA, the Lieutenant Governor holds only a nominal role in administrative matters, except for limited subjects such as police, land, and public order. The appellant contended that “Public Health, Sanitation and Solid Waste Management” fall squarely under Entry 6 of Schedule XII, assigning exclusive jurisdiction to local bodies and municipal authorities.
Furthermore, the appeal pointed out that implementing key remedial steps such as creating new waste-processing units or handling legacy waste required financial commitments, which must originate from the elected Delhi government’s budgetary process. Consequently, excluding the Delhi government from leadership and decision-making responsibilities in this regard amounted to a breach of federal principles governing the National Capital Territory.
On behalf of the current Delhi Government, Additional Solicitor General Aishwarya Bhati appeared before the bench comprising Justice Surya Kant and Justice N. Kotiswar Singh. The ASG informed the Court that the government no longer wished to pursue not just this particular appeal but also six other related matters, including challenges concerning an Ordinance, a legislative enactment, and committee leadership roles involving the LG.
It was submitted that the Supreme Court need not concern itself with these appeals anymore, prompting the bench to schedule all seven cases for hearing on the following day.
The bench took note of the government’s request and agreed to consider the matter afresh. While the Court did not delve into the merits at this stage, it acknowledged the broader context of federal concerns raised in the earlier appeal. The NGT’s previous observation, noting that the waste crisis had persisted despite prolonged judicial oversight, justified its appointment of the LG to lead the committee. The tribunal had remarked, “We are of the view that in the given situation, when the emergent crisis remains unresolved despite continuous monitoring by the Hon’ble Supreme Court for 18 years and this Tribunal for the last nine years, the responsibility must now rest at the highest level of administration in Delhi.”
The Apex Court, considering the ASG’s submission, agreed to list all seven connected matters on the next working day. It is expected that the withdrawal plea will be formally taken on record, which may lead to the closure of the legal challenge originally brought by the previous administration.
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