Supreme Court – Daily Orders
Bhopal Municipal Corporation vs Dr Subhash C. Pandey on 19 February, 2026
Author: Pankaj Mithal
Bench: Pankaj Mithal
CIVIL APPEAL NO. 6174/2023 ETC.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6174 OF 2023
BHOPAL MUNICIPAL CORPORATION APPELLANT(S)
VERSUS
DR SUBHASH C. PANDEY & ORS. RESPONDENT(S)
WITH
CIVIL APPEAL NO. 7728 OF 2023
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
Signature Not Verifiedbeen sufficiently complied with, but still, something more
Digitally signed by
GEETA AHUJA
Date: 2026.02.20
14:02:06 IST
Reason:
is required to be carried out by the Bhopal Municipal
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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
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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
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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 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 entities like airports and railways within its
fold. The current generation, set to be enforced on
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01.04.2026, i.e., the SWM Rules, 2026, transitions to a
digital-first circular economy framework. It introduces
Extended Bulk Waste Generator Responsibility (for short,
“EBWGR”) and mandates a fourth waste stream as well.
9.2. The 2026 Rules are also designed to close historical
compliance gaps through:
(i) EBWGR, bulk generators must now procure
certificates proving their waste was processed,
shifting the financial burden of waste management from
local bodies to the largest waste producers;
(ii) Every local body, waste processor, and bulk
generator must register on a centralised portal to
file real-time returns, ensuring data transparency and
accountability;
(iii) Industries within a specific radius of waste
plants are now legally mandated to replace a
percentage of their fuel intake with Refuse Derived
Fuel (RDF), etc.
The above are a few salient features of the changed
statutory regime.
10. It is important to note that these rules are framed
by the Central Government in exercise of powers under
Sections 3, 6, and 25 of the Environment (Protection) Act,
1986 (for short “the EP Act”), which is an act of the
Parliament. Further, Section 26 of the EP Act mandates
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that the Rules be placed before the Parliament. Thus, the
SWM Rules, 2026 are not in the form of a mere delegated
legislation, but are as good as the will expressed by the
parliament. The present generation cannot afford to wait
for further legislative refinement while existing
implementation gaps persist. The accumulation of legacy
waste, the contamination of groundwater and air require
immediate adherence to current mandates effective from
01.04.2026.
11. A challenge of this magnitude requires a synchronised
effort between the appointed officers of the local bodies
and elected representatives, including the respective
mayors, chairpersons, members of wards in corporations,
municipalities, and gram panchayats. Responsible
representatives are responsive representatives also, as
per the needs of the hour. The rules are simple and need
little participative learning and implementation by
Corporators, Councillors/Mayors and their Chairpersons and
the Ward Members along with the administration of local
bodies.
12. The youth of the country are energetic; they have
taken on the 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
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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 designated as
the lead facilitators for source-segregation
education. It is their statutory duty to enrol every
citizen within their ward in the implementation of the
2026 Rules.
(ii) Ministry of Environment, Forest and Climate
Change (MoEFCC), under the powers conferred by Section
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5 of the EP Act, issues directions for due
implementation of the SWM Rules, 2026 to the Chief
Secretaries of all States and Union Territories, and
further directs to conduct (a) Through the District
Collector, infrastructure audits of solid waste
management be carried out; (b) The District Collectors
shall communicate the identified problems and the
steps taken by the stakeholders to the Chief Secretary
in a time-bound manner; (c) Every local body must
establish and communicate an outer time-limit within
which 100% compliance will be achieved.
14.1. The District Collectors be directed and be given
power to oversee the establishment, execution and handling
of Municipal Solid Waste by the corporations/
municipalities/gram panchayats within their jurisdiction
and the non-compliance report by any of the local
bodies/areas be communicated to the parent department in
the State and at the Central levels.
14.2. Local bodies are directed to email photographic
evidence alongside their compliance reports to the offices
of the District Collector to verify actual progress in
waste removal and infrastructure readiness.
14.3.Pollution Control Boards are directed to identify and
expedite the commissioning of infrastructure facilities
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required for the four-stream segregation, including bulk
(Wet, Dry, Sanitary, and Special Care). Further, local
bodies must communicate the SWM Rules, 2026 and a copy of
this order to all identified Bulk Waste Generators (BWGs)
immediately. All BWGs must be fully statutory compliant by
31.03.2026.
14.4. MoEFCC, in terms of Rule 33 of the SWM Rules, 2026,
issues appropriate directions to ensure that Solid Waste
Management practices are appropriately included even in
school curricula.
14.5. To bridge the awareness gaps, the summary of the SWM
Rules, 2026, specifically the portions involving
individual households/citizens, shall be translated into
the local languages of the respective States/Union
Territories. The translated summaries will be disseminated
via calls, notices and social media announcements to every
household through the elected 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.
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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 non-
compliance 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 shall objectively classify all major
corporations in the country based on a performance bar.
This classification will compare achievements under the
SWM Rules, 2016, against the rigour and mandate of the SWM
Rules, 2026. The results will be published on a
centralised online portal to ensure public knowledge and
accountability.
15. The present directions are issued as part of ensuring
the preparatory work before the effective date, i.e.,
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01.04.2026. The objective focuses strictly on the SWM
Rules, 2026. The NGT continues to adjudicate legacy and
other issues pending before it under the SWM Rules, 2016.
16. We treat our courts and tribunals as responsible
institutions and request the Learned Chief Justices of the
High Courts and the Learned Chairpersons of the Tribunals
to ensure compliance with SWM Rules, 2026, by all the
courts and tribunals within their jurisdictions with
effect from 01.04.2026.
17. The MoEFCC and the newly impleaded Respondents will be
called upon by directives under Section 5 of the EP Act
that the multi-tiered monitoring task forces are set up on
or before 15.03.2026. The constitution/ establishment of
the multi-tier monitoring task forces will take up micro-
level monitoring from the word go.
18. Propositions to cope with the partial success of the
2026 Rules:
18.1 In the light of the above, we further direct the
newly impleaded authorities to file a joint, sworn
affidavit, preferably by 25.03.2026 certifying that the
foundational digital and physical infrastructure
specially, the registration of the local body on the
Central Pollution Control Board’s centralized portal, the
operationalization of Material Recovery Facilities, the
procurement of four-stream compartmentalized vehicles, and
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the establishment of the escrow account for environmental
compensation are made available.
18.2 We also mandate the immediate convening of the State
Level Implementation Committee and the deployment of
Block-Level and Ward-Level Nodal Officers. These officers
must submit to their respective Chief Secretaries a
framework ensuring that four-stream segregation and BWG
compliance protocols are enforced in time.
18.3 To ensure that any BWG failing to process wet waste
on-site or procure the required EBWGR certificates by
01.04.2026 will be subjected to immediate Environmental
Remediation and Compensation, without further notice, in
accordance 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.
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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 established as one established
under the SWM Rules, 2026, viz:
a. State Level: A Committee for Effective Implementation
at the State level, chaired by the Chief Secretary, is
constituted to monitor implementation and remove state-
level difficulties. Furthermore, a State Level Steering
Committee will focus specifically on the circular economy
in solid waste processing.
b. District Level: The District Magistrate or District
Collector is empowered to review the performance of local
bodies at least once in a quarter. They must ensure the
urban-rural convergence of sanitary landfills and common
waste processing plants.
c. Gram Panchayat / Block Level: The Department of Rural
Development is designated as the nodal department for
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rural areas. District Panchayats are mandated to prepare
solid waste action plans, and Gram Panchayats must plan
and implement Solid Waste Management at the village level,
ensuring no open dumping or burning occurs.
d. Awareness and Participation: Local bodies are mandated
to create public awareness campaigns to educate waste
generators. Generators must be educated on minimising
waste, practising home composting, wrapping sanitary waste
securely, and handing over segregated waste. Local bodies
will establish online grievance redressal mechanisms to
ensure citizen voices are heard.
e. Focus on Medium to Large Generators (Bulk Waste
Generators): BWGs must register on the centralised online
portal. They are required to set up and operate adequate
wet waste processing facilities on-site. If unable to
process waste onsite, they must procure EBWGR Certificates
from the local body. Local bodies will undertake periodic
audits of the actual waste generated by BWGs to ensure
compliance.
f. Participation of Students of Schools and Colleges
The Ministry of Education and State Education Departments
are mandated to ensure the inclusion of solid waste
management appropriately within school curricula. State
Urban Development Departments will organise competitions
and grant recognition awards to the best-performing
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schools, colleges, and institutions in terms of SWM at
both the state and district levels.
19. In the end, while dealing with the case concerning
the Bhopal Municipal Corporation, we record the statement
of Ms. Vanshaja Shukla, learned counsel, that with regard
to Adampur Chawni Dumpsite, some more paperwork is
required to be completed with respect to legacy waste, and
finalisation of the tenders would take some more time.
Therefore, she prays for, and is allowed two weeks’ time
to finalise the tenders on this behalf. We expect that the
officers of the corporations/state government, including
the first citizen of Bhopal, will achieve the aforesaid
timeline without fail.
20. List on 25.03.2026.
…………………..J.
(PANKAJ MITHAL)
…………………..J.
(S.V.N. BHATTI)
NEW DELHI
19th FEBRUARY, 2026
GA
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ITEM NO.16 COURT NO.8 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(S). 6174/2023
BHOPAL MUNICIPAL CORPORATION APPELLANT(S)
VERSUS
DR SUBHASH C. PANDEY & ORS. RESPONDENT(S)
(IA No. 113056/2025 – APPROPRIATE ORDERS/DIRECTIONS
IA No. 43110/2024 – CONDONATION OF DELAY IN FILING
IA No. 141056/2024 – CONDONATION OF DELAY IN FILING
IA No. 198051/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 141055/2024 – EXEMPTION FROM FILING O.T.
IA No. 245823/2023 – PERMISSION TO APPEAR AND ARGUE IN PERSON
IA No. 198050/2023 – STAY APPLICATION)
WITH
C.A. No. 7728/2023 (XVII)
(IA No. 196024/2024 – EXEMPTION FROM FILING O.T.
IA No. 176665/2024 – EXEMPTION FROM FILING O.T.
IA No. 241136/2023 – STAY APPLICATION)
Date : 19-02-2026 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE PANKAJ MITHAL
HON’BLE MR. JUSTICE S.V.N. BHATTIFor Appellant(s) Ms. Vanshaja Shukla, AOR
Ms. Gunjan Chowksey, Adv.
Ms. Ankeeta Appanna, Adv.
Mr. Siddhant Yadav, Adv.
For Respondent(s) Mr. Arpit Gupta, AOR
Mr. Divya Pratap Singh Parmar, Adv.
Ms. Akansha Agarwal, Adv.
Mr. Aadil Yar Chaudhary, Adv.
Mr. Shariq Yar Chaudhary, Adv.
Mr. Harshvardhan Pandey, Adv.
Mr. Raghavendra Pratap Singh, AOR
Mr. Akshat Kashyap, Adv.
Mr. Pashupathi Nath Razdan, AOR
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CIVIL APPEAL NO. 6174/2023 ETC.
Mr. Abhinav Srivastav, Adv.
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.
Ms. Akanksha Tomar, Adv.
Mr. Raghav Sharma, Adv.
Mr. Salvador Santosh Rebello, AOR
Mr. Jaskirat Pal Singh, Adv.
Mr. Pranjal Pandey, Adv.
Mr. Ashok Kumar Choudhary, Adv.
Mr. Saurabh Balwani, AOR
Mr. Chirag Pathor, Adv.
Mr. Vikramaditya Singh, AOR
Ms. Pragati Neekhra, AOR
Mr. Peeyush Katara, Adv.
Ms. Aishwarya Bhati, ASG
Ms. Anupriya Srivastava, Adv.
Ms. Gargie Boss, Adv.
Mr. Raj Bahadur Yadav, AOR
Ms. Chitrangda Rastravara, Adv.
Mr. Shashank Bajpai, Adv.
Officers appeared Mr. Sourabh Sood
online Mr. Rajendra Kumar TrivediUPON hearing the counsel the court made the following
O R D E R
1. Heard learned counsel for the parties, including
the newly added respondents.
2. Certain directions have been issued to enforce the
SWM Rules, 2026 in terms of the signed order.
3. List on 25.03.2026.
(Nidhi Mathur) (Geeta Ahuja)
Court Master (NSH) Assistant Registrar-cum-PS
(Signed Order is placed on the file)
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