Delhi HC refuses to stay order removing airport zone from MCD waste management tender

The single judge had ruled that Delhi International Airport Limited (DIAL) is the only authorised agency to provide all services at the airport site, including solid waste management.

A division bench of the Delhi High Court on Monday declined to immediately stay its earlier ruling that directed the Municipal Corporation of Delhi (MCD) to exclude the airport zone from its tender for setting up a dry waste material recovery facility (MRF) in Najafgarh.

The airport zone covers the Indira Gandhi International Airport terminals, air traffic control area, in-flight catering facilities, and Aerocity.

The airport zone covers the Indira Gandhi International Airport terminals, air traffic control area, in-flight catering facilities, and Aerocity.

The MCD had sought an interim stay on a single judge’s September 11 order that quashed its November 2024 tender, which had included the airport zone in the project area. The single judge had ruled that Delhi International Airport Limited (DIAL) is the only authorised agency to provide all services at the airport site, including solid waste management. The court also noted that DIAL is the “exclusive custodian” of the airport and that Aerocity, being part of IGI Airport’s commercial zone, also falls within its jurisdiction.

During Monday’s hearing, MCD’s counsel argued that the Airports Authority of India (AAI), which leased the 4,799-acre airport zone to DIAL under the Operation, Management and Development Agreement (OMDA), does not have the capacity to manage waste. The lawyer also said that poor waste handling at the airport has led to several bird-strike incidents.

The counsel further warned that the ruling could set a precedent for other large waste generators, such as malls in Vasant Kunj, to avoid participating in MCD’s waste management tenders. He said the corporation had been unable to issue fresh tenders since the September order.

The division bench, comprising Chief Justice DK Upadhyay and Justice Tushar Rao Gedela, issued a notice on MCD’s appeal and asked DIAL to file its response. It listed the matter for hearing on November 28.

The bench also suggested that MCD proceed with tenders for other areas, clarifying that the order did not restrict its authority elsewhere. “We’re issuing notice. You may go ahead with the rest of the areas excluding this. In the meantime, they (DIAL) are handling this. You can’t equate the airport area with a mall. This judgment does not affect your right to manage solid waste elsewhere. We’ll decide the appeal,” the bench said.

In its appeal, the MCD argued that solid waste management is one of its core statutory duties under the Delhi Municipal Corporation Act and Article 243W of the Constitution. It said the single judge’s order wrongly implied that the MCD has no authority over waste management within its own jurisdiction.