O R D E R

1. 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 Signature Not Verified GEETA AHUJA Date: 2026.02.20 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 it appropriate to issue directions which are applicable not only to the Bhopal Municipal Corporation but also to the entire country. The reason is that the status of compliance vis-à-vis SWM Rules, 2016, by the local bodies is partly compliant or non-compliant. The challenges under the SWM Rules, 2026, cannot be addressed in the same way as they were addressed under the old regime by the authorities on whom the jurisdiction is vested by the Parliament.

4. Generally speaking, the right to a clean and healthy environment is an inseparable part of the Right to Life guaranteed by Article 21 of the Constitution of India. The Courts have repeatedly reminded that the State has a duty to protect the environment and thereby to ensure the well-being of all the citizens. Therefore, the time is ripe to implement and protect the Right guaranteed under Article 21 of the Constitution of India.

5. The annual report-2021-2022 on waste management by the Central Pollution Control Board discloses that approximately 170,000 tonnes per day (TPD) of municipal solid waste was generated by the domestic, commercial, industrial and ancillary activities in the country. Accepting the report, it notes that about 156,000 tonnes of this waste were collected, about 91,000 tonnes were treated, and 41,000 tonnes were landfilled. The demographic reality does not affirm the position claimed by the local bodies. We note that even if the collection efficiency has improved in many cities like Bhopal and Indore, the rate of processing remains a big bottleneck. The waste that is unprocessed often ends up in unscientific landfills or legacy dumpsites. The uncollected and unaccounted solid waste generated in the local bodies is a perennial challenge in the country.

6. We are conscious that no human activity and human being can be said to be living without causing pollution either directly or indirectly. What is important in the constitutional and statutory scheme is that no one has a right to affect the lives of others through their acts of omission or commission in dealing with solid waste generated by them and their activities. Low-income group areas/slums/villages near corporations and municipalities are not dumping sites for solid waste generated in Urban Local Bodies. The parliament, with the wisdom and expertise it has in the matter, comprehensively provided for addressing and redressing 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