The Supreme Court has been informed of the Delhi Government’s intent to withdraw its appeal against a National Green Tribunal (NGT) order appointing the Lieutenant Governor (LG) as Chairperson of a high-level committee monitoring solid waste management in the capital.

Further, the Court scheduled a hearing for several connected matters, observing that the issues raised may no longer require judicial intervention.

The dispute stems from a February 16, 2023, directive issued by the NGT’s Principal Bench, which tasked the LG with heading the committee responsible for tackling Delhi’s persistent solid waste management crisis. Despite nearly two decades of monitoring by the Supreme Court and the NGT, the capital's waste issues remained unresolved, prompting the tribunal to call for strong administrative oversight at the highest level.

The committee, as constituted by the NGT, includes key government officials: the Delhi Chief Secretary (as Convener), Secretaries of Urban Development, Environment and Forests, Finance, Agriculture, the Vice Chairman of the DDA, senior officers from central ministries, the Chairman of the Central Pollution Control Board, and local municipal and district-level authorities.

The previous AAP-led Delhi Government had challenged the NGT order under Section 22 of the NGT Act, contending that appointing the LG as the committee’s head infringed on the elected government’s executive powers.

The appeal argued that, under Article 239AA of the Constitution, the LG has limited authority confined to specific domains like police, land, and public order.

Functions such as public health, sanitation, and waste management fall under municipal jurisdiction, as outlined in Schedule XII of the Constitution, the appeal emphasized.

Additionally, the petition pointed out that implementing long-term waste solutions—such as establishing processing units and managing legacy waste—requires significant financial inputs, which must come through the Delhi Government’s budgetary framework. As such, the exclusion of the elected government from leadership in this domain was portrayed as a violation of federal principles applicable to Delhi's governance structure.

Representing the present Delhi Government, Additional Solicitor General Aishwarya Bhati appeared before a bench comprising Justices Surya Kant and N. Kotiswar Singh. She conveyed that the government no longer intended to pursue not just this particular appeal, but also six other related matters, including challenges involving legislative and administrative issues connected to the LG’s role.

Following this, the Court scheduled all seven connected cases for hearing on the next working day. Although it refrained from examining the merits at this stage, the bench acknowledged the broader federal concerns highlighted in the original appeal. It also took note of the NGT’s observation that the prolonged failure to address Delhi’s waste problem necessitated assigning responsibility to the highest administrative authority.

The NGT had stated:

“In the given situation, when the emergent crisis remains unresolved despite continuous monitoring by the Hon’ble Supreme Court for 18 years and this Tribunal for the last nine years, the responsibility must now rest at the highest level of administration in Delhi.”

With the government expressing its intention to withdraw the appeals, the Supreme Court is expected to formally record the withdrawal plea, potentially bringing an end to the legal challenge initiated by the previous administration.