The Delhi High Court has declined to put on hold a previous order that recognized Delhi International Airport Ltd (DIAL) as the exclusive custodian responsible for solid waste management at the airport and Aerocity area. The court has sought responses from DIAL and the Airports Authority of India (AAI) while scheduling the next hearing for November 28.
Court Proceedings and Key Arguments
During Monday's hearing, a division bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela heard an appeal filed by the Municipal Corporation of Delhi (MCD). The corporation challenged a single judge's ruling that designated DIAL as the "exclusive custodian" of both the airport premises and the Aerocity zone, including all responsibilities related to solid waste management in these areas.
Representing the MCD, counsel Tushar Sannu informed the court that the corporation had been unable to proceed with floating a tender for waste management work since the single judge's order was passed in September. The MCD urgently requested an immediate stay on the judgment, warning that it would establish a problematic precedent. "If this judgment is allowed to operate, then individual operators will also claim they are also bulk waste generators," the MCD emphasized during arguments.
Legal Background and Ruling Implications
The controversy originated from Justice Jyoti Singh's decision that partially set aside a November 2024 tender notice issued by the MCD. The tender aimed to select an agency for establishing a 50-tonne-per-day (TPD) material recovery facility (MRF) in Sector 29, Dwarka, within the Najafgarh zone. The single judge specifically excluded the airport and Aerocity areas from this tender's scope while permitting the MCD to proceed with waste management arrangements for the remaining parts of Sector-29 Dwarka.
The MCD's appeal contends that while bulk waste generators like airports handle wet waste management, the Solid Waste Management Rules明确规定干废物必须移交给地方机构。The corporation maintains that as the designated urban local body, it should retain authority over dry waste collection throughout its jurisdiction.
DIAL's Counter-Argument and Next Steps
DIAL, represented by senior advocate Rajiv Nayar, presented a different perspective rooted in historical agreements. The airport operator revealed that through a 1997 Cabinet decision, the AAI was initially designated as the local body for the airport site, which includes the Aerocity development. Subsequently, through contractual agreements, DIAL assumed these responsibilities from AAI, thereby inheriting the authority to manage solid waste from the entire airport complex.
The division bench, while refusing to grant a stay on the single judge's order, orally observed that the ruling "is not going to affect the MCD's right with respect to solid waste management elsewhere." The court formally issued notices to both DIAL and the impleaded AAI, setting the stage for a comprehensive hearing on November 28 when all parties will present their detailed arguments.
