NGT Orders Closure Of Garbage Dump Near AIIMS Delhi For Violating Waste Management Rules
Pranav B Prem
The National Green Tribunal (NGT) Principal Bench at New Delhi has directed the Municipal Corporation of Delhi (MCD) to close down the garbage dump (“Dhalao”) located opposite Gate No. 6 of the All India Institute of Medical Sciences (AIIMS), observing that its continued operation in a densely populated and environmentally sensitive area violates the Solid Waste Management Rules, 2016 and national guidelines framed by the Central Pollution Control Board (CPCB).
The Bench comprising Justice Prakash Shrivastava (Chairperson) and Dr. A. Senthil Vel (Expert Member) passed the order while disposing of Original Application No. 250/2024, filed by Sudesh Prakash Sabberwal, an 85-year-old resident of South Extension, Part-I, New Delhi. The applicant had complained that the open garbage dump situated barely 50–70 meters across AIIMS Gate No. 6 emitted a foul odour, caused air pollution, and posed serious health risks to residents, patients, and visitors of one of India’s premier medical institutions.
Inspection and Findings
The Delhi Pollution Control Committee (DPCC) conducted an inspection of the site on October 8, 2024, confirming that the Dhalao was in a mismanaged condition. The inspection team found the dump partially filled with mixed garbage spilling over the road, with eleven bins full to the brim. The Dhalao had no gate or roof, emitted a strong stench, and had ragpickers manually segregating recyclable waste such as plastic bottles and thermocol. Garbage lifting, which was supposed to occur twice a day, was irregular, leading to overfilled bins and unhygienic surroundings.
The CPCB, in its report dated January 31, 2025, also confirmed these findings and recommended the immediate closure of the Dhalao. The report noted that although the MCD had already closed 970 out of 1,496 Dhalaos across Delhi, this particular site near AIIMS continued to operate in clear violation of environmental and public health norms. The CPCB observed that the Dhalao, located adjacent to a hospital, was “a potential source of serious environmental hazard and public nuisance” and emphasized that its closure should be prioritized.
Tribunal’s Reference to Earlier Directions
The Bench referred to its earlier orders in OA No. 92/2023 (Neel Mani v. South Delhi Municipal Corporation & Ors.), wherein it had directed the MCD to close all Dhalaos across Delhi and to repurpose such sites for public use — including libraries, EV infrastructure, training centers, or senior citizen recreation spaces. It also recalled the directions issued in OA No. 202/2023 (Gaurav Sharma v. Govt. of NCT of Delhi & Ors.), emphasizing that hospital complexes are environmentally sensitive areas and must have dedicated environmental management plans to safeguard citizens’ right to a clean and healthy environment under Article 21 of the Constitution.
Violation of CPCB SOP
The Tribunal highlighted the Standard Operating Procedure (SOP) framed by CPCB on December 23, 2024, for Secondary Storage and Transportation Facilities (SSTF) for municipal solid waste. Paragraph 5.3 of the SOP explicitly prohibits locating such facilities in densely populated areas or near sensitive locations like hospitals or schools. The NGT observed that the AIIMS Dhalao “clearly violates” these guidelines and therefore cannot be allowed to continue operating.
NGT’s Directions
Relying on the reports and previous precedents, the Bench directed the MCD to take expeditious steps for the closure of the Dhalao near AIIMS and complete the process within six months. The Tribunal also ordered the Corporation to identify and operationalize an alternate waste management facility in accordance with the CPCB’s SOP and the Solid Waste Management Rules, 2016, ensuring that the new location does not cause environmental harm or public inconvenience. Pending closure, the NGT mandated the MCD to strictly adhere to Clause 5.6 of the CPCB SOP, which prescribes environmental safeguards such as covered storage, odour management, impervious lining to prevent leachate percolation, proper fire prevention systems, and development of a green belt around the site to minimize aesthetic and environmental impact. Additionally, the DPCC was directed to continue regulatory monitoring of the site and to take immediate remedial or punitive action if garbage was found littered in or around the Dhalao.
Finding the continued operation of the garbage dump in gross violation of environmental norms, the NGT disposed of the matter with specific directions to the MCD for closure of the Dhalao within six months. The Tribunal emphasized that authorities must ensure strict compliance with waste management rules, particularly around hospitals and densely populated areas, reaffirming that the right to a clean environment is a fundamental right under Article 21 of the Constitution.
Appearance
Applicant: Ms. Sunita Bhardwaj, Adv. for Applicant
Respondents: Ms. Puja S. Kalra & Mr. Virendra Singh, Advs. for MCD Ms. Suman Arora, Adv. for CPCB
Cause Title: Sudesh Prakash Sabberwal v. Union of India & Ors.
Case No: Original Application No. 250/2024 (IA No. 118/2024)
Coram: Justice Prakash Shrivastava (Chairperson), Dr. A. Senthil Vel (Expert Member)
