W.P.(C)/15249/2023 of MEDICAL POLLUTION CONTROL COMMITTEE Vs GOVT OF NCT OF DELHI & ORS. on 23 July 2026

O R D E R

% 23.07.2026

1. Suffice to state in terms of order passed on 06.11.2025, the respondent/Delhi Pollution Control Committee(DPCC) has filed an affidavit wherein in paragraph 3 onwards, the following has been stated:- “3. Thus, two questions would arise for consideration of this Hon'ble Court:

(a) Issue as to whether the responsibility for setting up the facility vests with the Delhi Pollution Control Committee (DPCC) or the Government of NCT of Delhi remains to be examined by this Hon'ble Court.

(b) Whether the requirement for setting up such a facility still subsists may require consideration by this Hon'ble Court.

4. That the present affidavit is being filed in view of the questions raised before this Hon'ble court during hearing on 06.11.2025.

5. That the CBWTF is meant for transportation, treatment, processing and disposal of Bio-medical Waste in accordance with the Bio-medical Waste Management Rules, 2016.

6. That as on date, the status of existing CBWTFs is as under: S. no. CBWTF Address Date of Start Installed Capacity Districts allotted

M/s SMS Water Grace BMW (Pvt) Ltd DJB, STP, Nilothi, New Delhi- 41 April,

28.8 tons per day Incineration kg/hr (static) Auto- calve kg/cycle West, South West, Central, East, Shahdara and North East

M/S Biotic Waste Solutions Pvt. Ltd 46-47, SSI Ind Area, Delhi-33 Oct,

34 tons per day Incinerator kg/hr rotary + 200+300 kg/h static Autoclave 450 kg/cycle North, North West, New Delhi, South and South East

7. That with respect to the issue of setting up the facility vests with the DPCC or the Government of NCT of Delhi it is most respectfully submitted that recently the Government of NCT of Delhi has taken a decision that now the Delhi Pollution Control Committee (respondent number-2) shall initiate the process for setting up the facility. Accordingly, now DPCC will call for an Expression of Interest (EOI) for the said purpose within one month. In light of complying the decision of the Government of NCT of Delhi, DPCC has engaged NPC for providing consultancy services for calling up ΕΟΙ.

8. That, with regard to second issue i.e. whether the need for setting up of such facility still exists, it is most respectfully submitted that, as per view of DPCC, there is requirement of setting up new CBWTF due to following reasons:

(a) That requirement of additional CBWTFs in Delhi has been assessed on the basis of current BMW generation and the expected BMW generation by the year 2031, as per guidelines of CPCB.

(b) M/s SMS Water Grace BMW (P) Ltd was established in April, 2011 on Delhi Government land provided by Directorate of Health Services (DHS), Govt. of NCT of Delhi on lease which was valid up to April, 2020 and subsequently the said CB WTF has been operational on extensions of lease being done by DHS.

(c) As per Gap Analyses, and in view of the fact that M/s SMS Water Grace BMW Pvt. Ltd., which is being permitted to operate till establishment of two new additional proposed CBWTFs, which is catering to the bio-medical waste of 06 revenue districts of Delhi i.c., West, South West, Central, East, Shahdara and North East. These 6 districts were further classified into two regions: Region 1: Shahdara, East and North East Delhi Region 2: West, South West, Central District

d) That the issue of enhancement of Bio-medical Waste Treatment and Disposal Facilities, to bridge the gap in the generation of such waste and disposal, resulting in unscientific disposal of the remaining waste was considered by the Hon'ble Green Tribunal in following matters:

(i) OA No. 75/2014 titled as "Mohd. Irfan Vs. Union of India" and OA 187(THC)/2014 titled as "Amritapuri Residents Welfare Association & Anr. Vs. Union of India &Ors".

(ii) OA No. 508/2015 titled as Kapil Kakkar Vs Union of India and Others"

(iii) OA NO 1015 OF 2018 titled as "Veterans Forum for Transparency in Public Life Versus Delhi Pollution Control Committee and Others".

(iv) O.A. No. 710/2017 titled as "Shailesh Singh VS Sheela Hospital & Trauma Center".

(v) OA No. 215/2020 titled as, "International Rehab Foundation Versus Govt. of NCT of Delhi and Others". Matter was disposed of on 18.01.2021 with direction to DPCC to set up two more facilities proposed in the report ought to be set up expeditiously in a time bound manner.

(e) The Central Pollution Control Board has laid down a guidelines on 12.04.2025 titled as, "Guidelines for Common Bio-medical Waste Treatment and Disposal Facilities" to implement the "Bio-medical Waste Management Rules, 2016" which provides as under: "The SPCB/PCC or concerned department in the business allocation of land assignment in the respective State Government or UT Administration may seek expression of interest from the proponents for development of new CBWTF (s) in the identified coverage area. Upon allocation of site to the proponent, the proponent is required to take necessary approvals as required under the Environment (Protection) Act, 1986 for development of the new CBWTF in accordance with these guidelines."

(f) That the transportation of biomedical waste over long distances leads to environmental pollution and poses serious difficulties in effective monitoring and regulation.

9. That in view of the aforesaid, it is most respectfully submitted that:

(a) As decided by State Government, DPCC will call for an Expression of Interest (EOI) for establishment of CBWTF within one month.

(b) As one of the existing facility {M/s SMS Water Grace BMW Pvt. Ltd.) is being closed which is currently operational on lease extension, two new additional CBWTFs had been proposed for catering to the BMW being generated in 06 revenue districts. Presently, all such areas are being catered by operational CB WTF i.e., M/s SMS Water Grace BMW Pvt. Ltd.

10. In view of the above, since, this Hon'ble Court vide order dated 06.11.2025, dismissed the prayer of the petitioner to consider the EOI, of 2021 and now, DPCC is under process to call new EΟΙ, therefore the present writ petition may be disposed of.”

2. None appears for the petitioner today.

3. We find that there is no appearance for the petitioner even on the last date of hearing.

4. Accordingly, the present petition and the pending applications are dismissed in default and for non-prosecution. V. KAMESWAR RAO, J MANMEET PRITAM SINGH ARORA, J JULY 23, 2026/sr