MP High Court Directs Gwalior Civic Body to Pursue Waste Management Projects, Suggests Creation of Corporate Climate Responsibility Fund
Isabella Mariam
The High Court of Madhya Pradesh Division Bench of Justice Anand Pathak and Justice Pushpendra Yadav directed the Gwalior Municipal Corporation to implement waste management projects in “mission mode,” strengthen sanitation systems, and create public awareness initiatives. Addressing a PIL over unhygienic conditions from garbage accumulation, the Court noted progress on the Waste-to-Energy plant, Compressed Bio-Gas station, and landfill site. Relying on Section 135 of the Companies Act, 2013, it urged mobilization of Corporate Social Responsibility support and suggested a dedicated Corporate Climate Responsibility Fund.
The matter originated as a Public Interest Litigation raising concerns over serious unhygienic conditions prevailing in the city of Gwalior, specifically pointing to accumulation of wet and dry garbage in various localities and the landfill site at Kedarpur under the Municipal Corporation of Gwalior.
The respondents included the Union of India, the State of Madhya Pradesh, the Municipal Corporation of Gwalior, and other related authorities. The petition called for judicial intervention to address issues of public hygiene, waste management, and sanitation. In compliance with earlier directions of the Court, the Municipal Corporation filed a compliance report outlining the progress of several projects. This report detailed approval of the Detailed Project Reports for a Waste-to-Energy plant and a Sanitary Landfill Site by the State Level Technical Committee, and progress regarding the Compressed Bio-Gas Station tender.
The Municipal Corporation further submitted information on disciplinary action taken against negligent sanitation employees, including termination, suspension, salary deductions, and reversion to lower posts. Penalties were also imposed on citizens found dumping waste irresponsibly, totaling approximately one lakh rupees.
The Court noted the submissions of the amicus curiae that industries and NGOs in the vicinity of Gwalior could contribute under Corporate Social Responsibility to address the shortage of garbage collection vehicles. Section 135 of the Companies Act, 2013, dealing with CSR obligations, was specifically referred to in this context. It was also submitted that environmental clearances were being processed, and the State Government undertook to facilitate approvals without delay.
The central issue before the Court was the extent of statutory compliance, accountability of municipal authorities, and formulation of mechanisms to improve waste management and sanitation in Gwalior.
After reviewing the compliance report and hearing submissions, the Division Bench issued the following directives:
“Municipal Corporation, Gwalior would undertake this project at mission mode and would create awareness in this regard in the city of Gwalior.”
“Municipal Corporation, Gwalior may explore the possibility of getting Door to Door Garbage Collection Vehicles under CSR from different Industries/NGOs/Private Institutions intended to donate and/or public at large, if advised so and if Rules/Regulations permit, then account can be created where all these donations can be collected and would only be used for addressing Cleanliness of the city.”
“Time has come that all stakeholders must contemplate about creating Corporate Climate Responsibility Fund (CCR Fund) which may be dedicated to address the problems relating to Environment/Cleanliness/Public Hygiene. CCR Fund is a good concept which can only be used for purpose like Environment. In fact this CCR Fund ought to be dedicated to Environment and allied purposes only.”
“Municipal Corporation, Gwalior shall undertake an awareness programme also and would apprise the public at large about the problems faced by the city of Gwalior and solutions thought of by the Municipal Corporation, Gwalior and projects undertaken in this regard.”
“Commissioner, Municipal Corporation, Gwalior if required, may place the suggession of creation of account before Mayor-in-council for approval as discussed in preceding paragraphs.”
“Commissioner, Municipal Corporation, Gwalior is further directed to take stock of working of all officers of Municipal Corporation, Gwalior under him and if any officer/engineer/authority is found to be in dereliction of duty or casual or indisciplined in his/her approach then suitable action be taken against him immediately.”
“Officers of Municipal Corporation, Gwalior would always keep their mobiles on, so that problems of public at large may be addressed 24x7.”
“Municipal Corporation, Gwalior can think of assigning pro bono duties to the Auto Rickshaw/E-Rickshaw drivers and other public spirited citizens to make them Green Warriors so that whenever good deeds are done by them and reported to the Zonal Officer or Commissioner, Municipal Corporation, Gwalior, then they may be felicitated for their good deeds.”
The matter was directed to be listed on 8 October 2025 for compliance of the next stage of progress.
Advocates Representing the Parties
For the Petitioners: Shri Rinku Shakya – Advocate
For the Respondents: Shri Praveen Kumar Newaskar – Deputy Solicitor General; Shri Vivek Khedkar and Shri Ankur Mody – Additional Advocate General; Shri Gaurav Mishra – Advocate; Shri Harish Dixit – Senior Advocate with Shri Nimish Hardeniya – Advocate Shri Sunil Jain and S.K. Shrivastava – Advocates as amicus curiae.
Case Title: Sartaj Singh Tomar Vs Union of India and Others
Case Number: WP No. 1653 of 2023
Bench: Justice Anand Pathak, Justice Pushpendra Yadav
