No power or water for malls, hospitals without proper solid waste management: SC

The Supreme Court has ordered nationwide strict enforcement of the Solid Waste Management (SWM) Rules, 2026, directing authorities to identify bulk waste generators and act against non-compliance, including disconnection of power or water.

In Short

• Supreme Court orders strict nationwide enforcement of Solid Waste Management Rules, 2026
• District collectors to identify bulk waste generators and given powers for enforcement
• Court stresses need for civic sense and source segregation of waste by all citizens

The Supreme Court has issued nationwide directions for the strict implementation of the Solid Waste Management (SWM) Rules, 2026, expressing concern over the high volume of solid waste generated and the lack of civic sense around its management and disposal.

A bench of Justices SVN Bhatti and NV Anjaria said the infrastructure for solid waste management needs to be completely audited and upgraded to meet the standards prescribed under the SWM Rules, 2026.

The bench said it was regrettable that the general feeling across society was: “I am entitled to generate but not to cooperate and control the impact of solid waste management at the threshold.”

It noted that the volume and complexity of waste, including biodegradable, non-biodegradable, hazardous, electronic and construction waste, had outgrown what any single class of workers could be expected to handle.

The bench was hearing appeals arising from orders of the National Green Tribunal concerning environmental compliance by municipal corporations under the SWM rules. The Bhopal Municipal Corporation had challenged proceedings relating to its obligations in handling municipal solid waste. Looking at the enormity of the problem, the Supreme Court later expanded the scope of the matter nationwide.

The court flagged the lack of compliance with the SWM Rules among individuals and institutions, including schools and colleges, students, educated and illiterate people, employed and unemployed people, professionals and businessmen.

The Supreme Court also praised the Centre for establishing statutory committees for implementation and enforcement of the SWM Rules, which came into force on April 1. However, it said that merely establishing committees and enforcement agencies would not address the larger and perennial hazards arising from non-compliance.

ACTION AGAINST BULK WASTE GENERATORS

The Supreme Court has directed district collectors to identify all bulk waste generators (BWGs) in their respective jurisdictions, in cooperation with local bodies, within six weeks.

The court has also directed the Union Environment Ministry to confer special powers on district collectors across the country under the Environment (Protection) Act, 1986. These powers will allow collectors to take punitive action against those violating the waste management rules.

The SCMC, through the chief secretaries of the states, has been directed to communicate to all bulk waste generators the consequences of non-compliance with the SWM Rules, 2026. These consequences include temporary disconnection of power or water supply until the waste generated by the bulk waste generators conforms to the rules.

The court has also ordered the formation of a special cell in every district, with regional officers of pollution control boards as members. These cells can issue directions to disconnect electricity and water connections of bulk waste generators that violate the rules and fail to properly process and segregate their waste.

Bulk waste generators include institutions that generate more than 100 kg of waste per day, have a built-up area of more than 20,000 square metres, or consume more than 40,000 litres of water daily. These include large hotels, malls, hospitals, commercial complexes and large residential societies.

The court directed bulk waste generators to set up the required facilities and report their compliance online to local bodies for inspection, with the reports to be forwarded to the district collectors.

ACTION AGAINST BULK WASTE GENERATORS

The Supreme Court said every person, household and institution generates solid waste as an inevitable by-product of life and activity. It rejected the prevailing assumption that solid waste is solely a problem for sanitary workers while the rest of the population remains passive generators.

The court said this approach was neither legally correct nor practically sustainable, and called it constitutionally unethical.

Under the new rules, waste must be segregated at source into four categories: Wet waste, dry waste, sanitary waste, and special-care or domestic hazardous waste.

The court said the law can secure cooperation by prescribing rules and consequences, but cannot by itself generate civic behaviour. It said compliance can be achieved only when individual and institutional waste generators internalise their obligations.

The bench identified the unorganised sector of residential, commercial and business establishments as the real problem in ensuring compliance.

- Ends
With PTI inputs.