Madhya Pradesh High Court: In a public interest litigation filed seeking indulgence in the matter of serious unhygienic conditions prevailing in Gwalior attributable to the accumulation of wet and dry garbage in different localities and the landfill site at Kedarpur, the Division Bench of Anand Pathak and Pushpendra Yadav, JJ., provided a list of suggestions to tackle the waste problem.
Background
The Municipal Corporation, Gwalior (‘MCG’), submitted a compliance report wherein it was stated that the following development had taken place in the said projects:
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Waste to Energy Plant: The Detailed Project Report (‘DPR’) for the Waste to Energy Plant, which had been forwarded to the Mission Director, Swachh Bharat Mission (Urban), Urban Administration and Development Department, Bhopal (‘MD’), for consideration and necessary action, was placed before and approved by the State Level Technical Committee (‘SLTC’). Only the State Government had to approve it.
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Compressed Bio Gas (‘CBG’) Station: The second tender for the CBG Station Projects was opened, and only one bidder participated. Since it was a second call tender, the matter was being processed, and the bidder was being verified and technically evaluated.
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Sanitary Landfill Site: The DPR for the Sanitary Landfill Site, after necessary clarifications, was forwarded to the MD for consideration and thereafter placed before the SLTC. The DPR for the Sanitary Landfill Site was approved by the SLTC and the Mayor-in-Council. Parallelly, for obtaining the environmental clearance, the matter was forwarded to the consultant, i.e., Eco Chem Sales and Services, for necessary action and compliance.
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Meeting with all Stakeholders: To ensure compliance with the Court’s directions and adhere to the timeline fixed vide order dated 06-05-2025, a meeting of all stakeholders was convened. The meeting was fruitful as several procedural issues were clarified, and a consensus was reached to ensure timely progress.
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Disciplinary Action against Erring Employees: Appropriate disciplinary action was taken against the 43 MCG employees who were found negligent in the discharge of their duties relating to sanitation and cleanliness.
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Penalty Action against Erring Citizens: Appropriate actions were initiated against erring citizens who were found dumping waste irresponsibly, and a penalty of approximately Rs 1 lakh was imposed.
The MCG further informed the Court that 35 pumps were available with them to pump out the excess/storm water; therefore, the problem of excess water in sewage/drainage lines and residential areas was attempted to be addressed. It was further informed that presently, the MCG had 239 Door to Door Garbage Collection Vehicles (‘DDGC Vehicles’), whereas the requirement was of around 320 vehicles, i.e., a deficit of around 81 was to be filled.
The amici curiae informed the Court that many industries were in the vicinity of Gwalior city. If under Corporate Social Responsibility (‘CSR’), the industries and well-meaning NGOs work with the MCG, then the deficit of 81 DDGC Vehicles could be covered, and MCG would be able to start door-to-door garbage collection. For this, one account could be created by MCG so that different industries, businessmen, the public at large, and even a fine amount, could be deposited to address the financial crunch faced by the MCG.
Decision
After going through the compliance report filed by the MCG, suggestions given by the amici curiae, and discussions held with the officers present in the Courtroom, the Court provided the following suggestions:
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MCG would undertake this project in mission mode and would create awareness in this regard in Gwalior.
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MCG may explore the possibility of getting DDGC Vehicles under CSR from Industries/NGOs/Private Institutions, and/or the public, who intend to donate, if advised so. If Rules/Regulations permitted, an account could be created where all these donations would be collected and used for addressing the cleanliness issues of the city. The Commissioner, MCG, if required, may place the suggestion of the creation of an account before the Mayor-in-Council for approval.
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The creation of a Corporate Climate Responsibility Fund (‘CCR Fund’), which may be dedicated to addressing the problems relating to environment/cleanliness/public hygiene, shall be contemplated. It ought to be dedicated to the environment and allied purposes only.
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MCG shall undertake an awareness programme to apprise the public about the problems faced by the city of Gwalior and solutions thought of by the Municipal Corporation, Gwalior, and projects undertaken in this regard.
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The Commissioner, MCG, shall take stock of the working of all the MCG officers under him, and if any officer/engineer/authority is found to be in dereliction of duty or was casual or disciplined in their approach, then take suitable action against them immediately.
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Officers of MCG would always keep their mobiles with them, so that problems of the public at large may be addressed 24/7.
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MCG can consider assigning pro bono duties to the auto rickshaw/e-rickshaw drivers and other public-spirited citizens to make them Green Warriors, so that they are felicitated for their good deeds.
The matter was listed for 08-10-2025 for compliance with the next stage of the progress.
[Sartaj Singh Tomar v. Union of India, 2025 SCC OnLine MP 6631, decided on 03-09-2025]
Advocates who appeared in this case :
For the petitioner: Advocate Rinku Shakya
For the respondent: Dy. Solicitor General Praveen Kumar Newaskar, Additional Advocate Generals Vivek Khedkar and Ankur Mody, Senior Advocate Harish Dixit, Advocates Gaurav Mishra, and Nimish Hardeniya
Amici curiae: Advocates Sunil Jain and S.K. Shrivastava