Disposed

Renu Kumar v. Municipal Corporation

NGT17 Feb 2026Original Application No. 595/2025

Case brief

AI extract

What is this about?

The NGT disposed of an original application regarding garbage overflow and foul odour at a Dhalao in New Delhi by applying directions from a similar case (OA No. 250/2024) mandating compliance with CPCB SOP measures until site closure along with DPCC monitoring.

What did the court decide?

Directions held mutatis mutandis from previous case (OA No. 250/2024) to MCD and DPCC regarding environmental protection measures and monitoring.

Renu Kumar vs Municipal Corporation — Environment and Pollution | NGT (2026)

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Item No. 19

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 595/2025

Renu Kumar

Applicant

Versus

Municipal Corporation of Delhi (South Zone) & Anr.

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Respondent(s)

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Date of hearing: 17.02.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Ms. Trisha Chandran & Ms. Ishita Chowdhury, Advocates for Applicant

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Respondents: Mr. Narender Pal Singh, Advocate for MCD

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Mr. Kush Sharma, Adv. for DPCC (Through VC)

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ORDER

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In this original application, the Applicant a resident of A-10/7, Visant Vihar has raised the grievance that there is a Dhalao existing in A- 10 area of Visant Vihar, New Delhi which is located near the Applicant’s house. The grievance of the Applicant is that in this Dhalao , garbage is overflowing and the Dhalao is not properly maintained resulting in extremely odious environment, emission of the foul odour, presence of animal excreta, etc. As per the Applicant, the Dhalao has created the health hazard to the residents.

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In terms of the direction of the Tribunal, the Respondent No. 1 – MCD has filed the reply dated 16.02.2026 taking the stand that the garbage generated and collected from the area is only temporarily transported to the site for further lifting. It is also the stand of the Respondent No. 1 that the garbage is regularly cleaned from the site on daily basis. The stand of the Respondent No. 1 in the reply dated 16.02.2026 is as under:

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“xxx……………………………………xxx………………………………..xxx

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3. That the Municipal Corporation of Delhi has made proper arrangements for collection, cleaning and disposal of garbage/municipal solid waste in the said area on a daily basis.

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4. That presently the garbage generated and collected from the area is only temporarily transported for further lifting and not stored at the designated dhalao site. The garbage is regularly cleared on a daily basis through Auto Tippers and other mechanical vehicles deployed by the waste collection agency/concessionaire M/s SSIPL (Swayam Swachatta Initiative Pvt. Ltd. Having its office at 217-A, Ground Floor, Okhla Industrial Area Phase-III, New Delhi-110020.

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5. That every day regularly, the Garbage collection vehicle reaches the Dhalao and the garbage is cleared, lifted and transported to the nearest FIXED COMPACTOR TRANSFER STATION (FCTS), facility, which is at a distance of 1 km from the dhalao.

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6. That regular lifting of garbage is carried out and sanitation staff is deployed to ensure cleanliness in and around dhalao area.

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7. That the dhalao serves only the garbage generated from the said colony, and the entire waste is cleared on a daily basis and transported further as per prescribed waste management procedure.”

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It is further stated in the reply that:

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“xxx……………………………………xxx………………………………..xxx

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19. way of the said Report it was stated that the MCD was making earnest efforts to close down the existing Dhalaos, and that of the 1494 total Dhalaos, 985 had been closed, and were being put to alternate use such as conversion into Amul Milk Booths, MRF, Libraries, Training Centers for underprivileged women and children, senior citizen recreation centers etc. Further, the 509 remaining Dhalaos required to continue to be used as points of secondary storage/ segregation of solid waste were being converted into Fixed Compactor Transfer Stations ("FCTS") in a phased manner. It is relevant to state at this juncture, that the existing Dhalaos cannot all instantly be converted into FCTS for two reasons:

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The area of existing Dhalaos is 20-40 sq. m, whereas area required as per the MPD-2021 for segregation of waste and parking of utility vehicles is 0.02 ha (200 sq.m). An FCTS also requires a minimum area of 65 sq.m; The cost and time required to construct each FCTS is substantial. The MCD also submitted vide its Status Report dated 02.07.2025, that there were 309 operational FCTS for the 509 operational Dhalaos, and out of the 509 operational Dhalaos, 250 were being used only for storage of sweeping waste and silt. Further, private concessionaires appointed for collection and transportation of Municipal Solid Waste and Street Sweeping Waste, were also deploying Mobile Transfer Stations ("MTS"), which provide a mechanical means of direct transportation of primary collected waste into secondary transportation vehicles in the absence of

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secondary collection systems in a particular area, ward or locality, where suitable. The secondary transportation vehicles, i.e., Refuse Compactor Vehicle or MTS, then transport the solid waste to designated waste processing facilities.

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20. That in keeping with the aforesaid efforts, it is submitted that the Respondents have ensured, in compliance with its own undertakings and the directions of the Hon'ble NGT from time to time, that as on date, in the SDMC area, there are presently already 48 operational FCTS, and over the next few years, the number shall be substantially increased, after which the said zone will be Dhalao free (except Dhalaos required to be retained for street sweeping waste). The answering Respondent is, therefore, earnestly taking all steps possible to ensure that the grievance of the applicant herein and many other similarly situated persons, is addressed at the earliest, within the confines of limited resources in terms of allocation of funds and land.

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21. That it is also pertinent to mention that as the primary purpose of existing operational Dhalaos is only to serve as a secondary segregation/storage point for garbage for the final segregation and collection activities carried out by private concessionaires appointed by the MCD; an important factor of making Delhi Dhalao free at the earliest, involves ensuring that the MCD is able to reach its target of 85% segregation of waste at source by February, 2026, 90% by August, 2026 and 100% by January, 2027. In December 2025, the MCD had achieved approximately 60% segregation of waste at source, with there being 678 zero waste colonies/ institutes. For this purpose, in accordance with the SWM Rules, 2016, RWAs such as the one the applicant is part of, may also assist the MCD in achieving such segregation (by ensuring proper and complete segregation at the doorstep), which will enable shorter final segregation and storage times for the private concessionaires. It is for this purpose, that colour coded bins are placed by the Respondents at all Dhalaos, including the Subject Dhalao.”

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The above reply further makes the stand of Respondent no. 1 clear that presently there are 48 operational FCTS in SDMC area and in the next few years the number will be substantially increased. The area will be made Dhalao free except the Dhalaos required to be retained for street sweeping waste.

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Learned Counsel for the Applicant during the course of hearing has produced certain photographs showing that the garbage was still overflowing/scattered in the Dhalao . It is the responsibility of the Respondent No. 1 to ensure that the Dhalao is properly managed till it is

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closed and no solid waste or garbage is scattered in the Dhalao or allowed to remain in the Dhalao for long resulting in emission of foul odour. In such circumstances, if the need arises, the Respondent No. 1 should take steps to clean the Dhalao twice a day instead of cleaning it only once daily.

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The similar issue had come up in OA No. 250/2024 in the matter of Sudesh Prakash Sabberwal vs. Union of India & Ors . and the Tribunal by the order dated 16.10.2025, while disposing of the OA, had directed as under:

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“xxx …………………………………..xxx……………………………….xxx 19. Till the present Dhalao is closed, the MCD is directed to fully comply with the clause 5.6 of the SOP issued by the CPCB in respect of environmental protection measures to be taken to minimize adverse environment effect of SSF and STF. The clause 5.6 of the SOP is as under:

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“5.6 Environmental Protection Measures

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The following measures should be taken to minimize adverse environmental impact of the SSF and STF

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Covered storage : The collection & storage equipment should be covered to avoid ingress of rain water.

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Lining : Lining of impervious material to be provided in case of SSF, so as to restrict percolation of waste water/leachate to prevent groundwater contamination.

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Odour management : Necessary measures, including properly designed equipment to avoid spillage, regular synchronized collection of waste to prevent waste decomposition, spray of disinfectants and deodorants to be taken to minimize odour due to waste handling at SSF and STF.

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Leachate Management : Adequate provisions for collection, treatment and disposal of waste water generated from SSF and STF to be made as per stipulated norms.

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Rejects : The rejects generated at SSF to be managed properly as per provisions of the relevant Solid Waste Management Rules.

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Fire management : Appropriate fire prevention measures to be taken by Local bodies to prevent fire incidents at SSF.

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Impact on Aesthetics : Green belt to be developed wherever possible. or barriers to be erected around the SSF to minimize depreciative impact of the SSF on the

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aesthetics of the surroundings. Temporary barriers to be placed during operations of STF.”

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20. Till the Dhalao is closed, the DPCC will carry out the regulatory monitoring of the Dhalao and if the garbage is not cleared from the Dhalao and found to be littered in or around the Dhalao, it will take appropriate remedial and punitive actions immediately.

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21. The OA is accordingly disposed of.”

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Since the present case stands on the same footing, therefore, the present OA is also disposed of with the similar directions by holding that the directions issued in OA No. 250/2024 will apply mutatis mutandis in this case also.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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February 17, 2026 Original Application No. 595/2025 dv

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Renu Kumar v. Municipal Corporation

Case brief

What is this about?

What did the court decide?

Renu Kumar v. Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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