Solid waste management: SC seeks rules for compensation

The Supreme Court has ordered the central government to establish clear, structured guidelines for imposing compensation related to violations of the Solid Waste Management Rules. A bench comprising justices PS Narasimha and Alok Aradhe stated that the discretion for determining and imposing such compensation should not rest solely with regulatory bodies, tribunals, or courts.

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We direct the ministry of environment forests and climate change (MoEFCC) to take into account the above-referred principles for determination and imposition of environmental compensation, as also the Rules that operate in the field, to formulate the necessary guidelines to be issued under Rule 17(2) of the Solid Waste Management Rules, 2026.

The court formulated eight guiding principles, drawing from judicial precedents, for the Ministry of Environment, Forests, and Climate Change (MoEFCC) to consider. These principles are intended to create a framework ensuring clarity and certainty for individuals regarding the consequences of environmental violations.

The directive came during the examination of a petition filed by the Amravati Municipal Corporation against an order from the National Green Tribunal (NGT) concerning solid waste management. The court believes that a structured regime will serve as a deterrent and clearly communicate the repercussions of non-compliance.

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It is high time that the determination and imposition of environmental compensation is not left to the discretion of regulatory bodies, tribunals, or courts. There must be a structured regime through which people will know with clarity and certainty, as to, for which type of environmental violation, what consequential punitive action will follow.

While Rule 17 of the 2026 Rules provides for compensation, its ineffectiveness stems from the absence of a defined framework for levying it. The court aims to institutionalize the solid waste management process, emphasizing that the mission extends beyond rule-making to ensuring effective implementation.

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Our endeavour is to institutionalise the process of solid waste management for our country.

The Center informed the court about the formation of a Committee for Effective Implementation at the Central Level in March 2026, chaired by the Central Pollution Control Board chairperson. The court's role is now to assist this committee in preparing and issuing the necessary guidelines for the imposition and collection of environmental compensation.

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Our task is now to help the Central Implementation Committee to prepare and issue the necessary guidelines for imposition and collection of environmental compensation.