LG tells MCD to frame plastic waste laws, govt dept sidestepped

The January 10 order of the LG office states that these draft by-laws submitted for final approval are “infructuous”, while terming the modifications made by the urban development department to be without any legal authority, according to documents seen by the HT.

Lieutenant governor Vinai Kumar Saxena has asked the Municipal Corporation of Delhi (MCD) to frame and publish by-laws on plastic waste management, and the state’s urban development department has been directed not to take any further action in this regard -- a move that is likely to spark another confrontation between the LG’s office and the Aam Aadmi Party (AAP)-led Delhi government.

According to the order, the LG has also observed that as per rule 6 (sub-rule 4) of the Plastic Waste Management Rules, 2016, local bodies are competent to frame by-laws incorporating the provision of these rules. (HT Photo)

Delhi’s urban development department had in August 2021 published draft by-laws based on the Centre’s Plastic Waste Management Rules, 2016. The Capital is estimated to add 689.8 tonnes of plastic waste per day -- the highest among India’s metropolitan cities -- and while Delhi has been taking penal action over the use of 19 different types of single use plastic (SUP) items since July 2022, it has been waiting for the notification of plastic waste management by-laws.

The January 10 order of the LG office states that these draft by-laws submitted for final approval are “infructuous”, while terming the modifications made by the urban development department to be without any legal authority, according to documents seen by the HT.

The LG’s office and the AAP did not respond to the developments.

However, AAP councilor Prem Chauhan, who was the leader of the opposition in the erstwhile South MCD, said Delhi has three different forms of governments, and all of them will have to work together to deliver for the city. “How can the role of the urban development department be denied when all the budgetary requirements are routed by Delhi government through the department? They are trying to create confusion, and the Delhi government and MCD will have to operate in coordination. If MCD is being asked to frame these bylaws, the AAP will modify them in the House of councilors,” he said.

According to the order, the LG has also observed that as per rule 6 (sub-rule 4) of the Plastic Waste Management Rules, 2016, local bodies are competent to frame by-laws incorporating the provision of these rules.

“The reference to section 483 of Delhi Municipal Corporation (DMC) Act made by the urban development department to claim the competency to modify the by-laws submitted by the MCD is not legally correct. In the absence of any authority to approve these by-laws framed under the statute other than the DMC Act, the changes and modifications made by the urban development department without consulting the MCD are without legal authority,” the order by the LG office states.

“MCD (local bodies) are competent authorities to frame and publish the by-laws under Plastic Waste Management Rules, 2016. UD department may not take any further action in this regard,” it adds.

An MCD official said after the LG’s order, civic body officials held a meeting on Tuesday and the corporation’s law department will be consulted before finalising the rules. “We have the administrator’s approval and no further directions should be required, but the law department will now take a final call on this,” the official said, requesting anonymity.

A senior official from the urban development department confirmed the development, saying that “the by-laws will now probably be made by the MCD now.”