The BJP-led Delhi government has asked the Supreme Court to allow withdrawal of a plea originally filed by the Aam Aadmi Party-led administration. This plea challenged a National Green Tribunal (NGT) order that appointed the Delhi Lieutenant Governor (LG) as the head of the Solid Waste Monitoring Committee (SWMC).
The matter was brought up before a bench of Justices Surya Kant and N Kotiswar Singh by Additional Solicitor General (ASG) Aishwarya Bhati. The ASG informed the court that the Delhi government now wants to withdraw seven different cases, including those concerning an Ordinance, an Act, and the LG’s chairmanship in various committees.
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"The Court need not trouble itself with these anymore," the ASG stated.
All the matters have now been listed for hearing on the following day.
The issue in focus was an NGT order dated February 16, 2023, which appointed the Delhi LG as the head of the SWMC to manage solid waste in the national capital. The Committee includes:
- Chief Secretary of Delhi (Convener)
- Secretaries of Urban Development, Forest & Environment, Agriculture, Finance
- Vice Chairman of DDA
- Senior representatives from Ministries of Agriculture, Environment, and Urban Development
- Chairman of CPCB
- Commissioners from the Municipal Corporation of Delhi
- Jurisdictional District Magistrates and DCPs
The NGT directed the committee to address critical issues like establishing new waste processing facilities, improving existing ones, and cleaning up legacy waste.
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The NGT observed:
“We are of the view that... monitoring should now be at the highest level of Administration in Delhi.”
The AAP government had earlier challenged this order under Section 22 of the NGT Act, claiming it violated the Constitution. They argued that the executive powers for local governance lie with the State Government, not the LG.
The plea stated:
“Public health, sanitation, and solid waste management fall under Entry 6 of Schedule 12 of the Constitution, giving powers to local municipal bodies.”
Citing Article 239AA of the Constitution, the plea added that the LG is only a nominal head, except in areas like law and order, police, and land. The Delhi government emphasized that since solid waste management involves budgetary allocations, the elected government must play a key role.
“The NGT’s decision ignored the federal structure and undermined the elected government’s financial authority,” the plea highlighted.
With the BJP now leading the Delhi administration, the change in stance indicates a shift in legal strategy, possibly to avoid prolonged litigation on matters that may no longer be relevant to the current government.
Case Title: GOVT. OF NCT OF DELHI v. NATIONAL GREEN TRIBUNAL AND ORS., Civil Appeal No. 5388/2023
