HC steps in to decide who will manage Airport Zone waste — MCD or DIAL

The DIAL is challenging a November 2024 tender issued by the MCD, wherever the civic assemblage had notified that it is looking to prime an bureau for mounting up of a 50 tonne per time (TPD) Material Recovery Facility (MRF) for absorption of adust coagulated discarded successful Najafgarh portion — connected a nationalist backstage concern (PPP) ground — on with managing an existing MRF works of 5 TPD.

Opposing the move, DIAL has said that the tender “unauthorisedly and unlawfully includes the Airport Zone, which is undisputedly wrong the exclusive domain of DIAL”.

While the tribunal is yet to determine connected who holds jurisdiction implicit the area, connected December 24, 2024, it had directed MCD to not process the tender to the grade it concerns the area, which falls wrong the Airport Zone nether the Delhi Master Plan.

The MCD, meanwhile, has highlighted the hazard of persistent vertebrate strikes and maintained that existing discarded absorption facilities being maintained by DIAL are insufficient. According to MCD, it generates coagulated discarded of astir 11,000 TPD astatine present.

The DIAL has highlighted that the Airport Zone — which includes terminals, facilities similar in-flight catering/kitchens and Air Traffic Control, authorities and information bureau offices, arsenic good arsenic Aerocity — astatine the Indira Gandhi International Airport was leased to it by the Airports Authority of India (AAI).

It has added that it was granted exclusive rights for Operation, Maintenance, and Development Agreement (OMDA), which includes aeronautical services specified arsenic disposal of bulk waste.

The DIAL is relying connected a 2021 HC bid successful its favour to reiterate that it is the “custodian” of the Airport Zone to dispose of bulk discarded generated successful the area.

In 2022, DIAL had relegated absorption and disposal of bulk discarded astatine the portion done adept bureau JK Contractors, signing an statement for a play of 10 years.

As per DIAL’s plea, if MCD is ceded power for discarded absorption successful the area, it would pb to an “absurdity” wherever DIAL is legally obliged to negociate the discarded successful the portion and is yet incapable to, acknowledgment to MCD awarding the declaration of discarded absorption to a 3rd party.

Part of DIAL’s statement with JK Contractors requires the second to acceptable up an MRF for discarded generated from the Airport Zone, with an nonsubjective of “zero discarded to landfills”, and according to DIAl, JK Contractors has already invested implicit Rs 10 crore connected the aforesaid truthful far.

The MCD, connected the different hand, has contended that it unsocial is the section assemblage entrusted with each aspects of coagulated discarded absorption nether the Solid Waste Management Rules, 2016 and bylaws of 2017.

The MCD, connected December 24, 2024, done its lasting counsel Tushar Sannu Dahiya, told HC that portion the airdrome itself whitethorn beryllium near extracurricular the scope of the tender, commercialized areas, adjacent if they autumn wrong the Airport Zone, are not liable to beryllium near out.

It added that the commercialized areas extracurricular the main airport, “including hotels successful Aerocity, are bulk discarded generators… and are liable to the aforesaid rules applicable to different bulk waste generators”.

The civic assemblage has besides told HC that JK Contractors is “not being capable to negociate the coagulated discarded being produced successful this portion of Najafgarh zone”, and its “undercapacity” is resulting successful “incessant amerciable dumping of discarded having root from airdrome and Aerocity…”, which successful crook is “attracting birds, which could crook fatal arsenic the aforesaid would pb to vertebrate deed successful craft flying successful and retired of the airport”.

It besides said that JK Contractors’ MRF tin negociate lone astir 2 MT of discarded connected a regular ground against the full discarded procreation of astir 50 metric TPD, making it “apparent that the remaining discarded was being dumped illegally”.

According to documents submitted by the MCD earlier HC, it had fined DIAL Rs 6.32 lakh successful January unsocial for usurpation of discarded absorption laws.