TaxTMI 
TaxTMI 
2026 (5) TMI 1369
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....Bhati, ASG, Ms. Anupriya Srivastava, Adv., Ms. Gargie Boss, Adv., Mr. Raj Bahadur Yadav, AOR, Ms. Chitrangda Rastravara, Adv., Mr. Shashank Bajpai, Adv. ORDER Heard learned counsel for the parties, including the newly added respondents. 2. These two appeals arise from two different orders of the National Green Tribunal ('NGT') concerning environmental compliances by the Bhopal Municipal Corporation under the Solid Waste Management Rules, 2016 (for short "SWM Rules, 2016"). The Madhya Pradesh Pollution Control Board (respondent No.3) has filed an additional affidavit and the present compliance status report. 3. We have gone through the said report, and we are satisfied to some extent that the SWM Rules, 2016, have been sufficiently complied with, but still, something more is required to be carried out by the Bhopal Municipal Corporation. Now, the Solid Waste Management Rules, 2026 (for short "SWM Rules, 2026") have been enacted, which will be effective from 01.04.2026. The new Rules are comprehensive in identification and approach to the problem of solid waste management in the country; therefore, to ensure realisation of the objects of the SWM Rules, 2026, we consider i....
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....ressing the menace of solid waste through the SWM Rules, 2026. 7. The surge in economic waste is also linked to the country's evolving economic landscape. Consumption of packaged goods, the move from a repair culture to a discard culture and the growth of online delivery services have introduced a massive influx of packing material as solid waste. 8. Compliance of MSW/SWM Rules meant to govern waste management remains uneven across India. While mandated at source, the segregation at source into wet, dry and hazardous streams is still not fully realised in many urban and rural areas. Massive dumpsites in metropolitan areas remain active, though bio-remediation efforts, as informed, have been initiated under the latest mandates. 9. At this juncture, it becomes relevant to highlight the evaluation of Waste Management Rules in the country. 9.1. The First-Generation Rules, i.e. Solid Waste Management Rules, 2000, focused on Municipal authorities and basic collection and disposal practices by the local bodies. The SWM Rules, 2016, expanded the scope beyond municipal areas to include census towns, villages and panchayat areas with a population of over 3000 and specific entitie....
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....he path of computerisation, digitisation, information technology and are even foraying into Artificial Intelligence. When the world looks at India in technology-related activities, the country must be fully compliant with the 2026 Rules. The same cannot be achieved without proper preparation and grounding the effective date with sufficient infrastructure. 13. The neglect of municipal solid waste will affect health as much as the economy. Despite the wisdom of the Parliament, after due deliberation and research, creating robust rules, the execution of the MSW/SWM Rules reveals significant gaps. There are varying reasons for the same. The legislature has done its job, and it is now for the executive and the citizens to implement and follow the mandate laid down by the Parliament, and ensure that the rules are implemented in the right way without leaving any time gaps. 14. Accordingly, we propose to issue the following directions to ensure that the executive has the requisite mechanism required to enforce the SWM Rules, 2026: (i) The Councillor/Mayors and their Chairpersons, Corporator, or Ward Member, being the primary elected representative of the people, are hereby d....
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....d Ward Representatives or their offices. 14.6. Local bodies are directed to maintain a strict binary approach to waste management with effect from 01.04.2026 in accordance with the SWM Rules, 2026, where (i) the four-stream segregation of wet, dry, sanitary, and special care is mandated; and (ii) a separate, time bound action plan is activated to address, treat and remedy legacy waste dumpsites. 14.7. The failure to comply with these rules shall no longer be treated as a mere administrative lapse, and there will be three tiers of enforcement: Tier 1: Immediate imposition of fines for initial noncompliance by generators or local authorities. Tier 2: Continued disregard will result in criminal prosecution under the environmental laws. Tier 3: Prosecution will extend to all persons responsible for contributing, abetting, or neglecting their statutory obligations, including officials who fail to exercise their oversight duties. 14.8.Under the environmental laws, the offences related to the mismanagement of solid waste are penal in nature and punishable. The deployment of mobile courts is also under consideration to address real-time violations. 14.9. The MoEFCC sha....
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.... with Rule 17. 18.4 Direct the State Education Department to submit a binding timeline for the integration of solid waste management protocols into the educational curriculum in accordance with Rule 33. It is further directed that state-level competitions are initiated to ensure the sustained, enthusiastic participation of students for community awareness on the SWM Rules, 2026. 18.5 It is now or never. Expecting high results without fundamental spadework of source segregation and infrastructure would be unreasonable. Every stakeholder is duty-bound to ensure the realisation of a waste-free India. 18.6 We, thus, call upon MoEFCC and the other impleaded Respondent Nos. 2-11 to submit a report not exceeding ten pages on the spadework done by the ministries with respect to the implementation of the SWM Rules, 2026. 18.7 The MoEFCC is directed to issue and communicate a copy of this order to the Chief Secretaries of the States and Union Territories and, under Section 5 of the EP Act, call upon them to comply with the SWM Rules, 2026, including setting up of a multi-level governance structure as under, if already not established. Alternatively, designate the committees so es....