Almitra H.Patel & ANR. v. Union Of India & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 13th May, 2026 + W.P.(C) 5236/2010 & CM APPL. 8666/2012, CM APPL. 7162/2016 ALMITRA H.PATEL & ANR.

.....Petitioners Through:

Mr.

Vivek Sharma, Ms.

Mamta Gautam and Mr.

Aditya Jain, Advocates for P-1.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr. Vivek Goyal and Mr. Aryan Aggarwal, Advocates for UoI.

Ms. Puja S. Kalra, Advocate for MCD.

Mr. Amit Saxena, Mr. Ravi Krishan Chandna and Mr. Santosh Sharma, Advocates for NDMC.

Mr.

Dhruv Tamta, Advocate for DDA.

Mr. Sanjay Kumar Pathak, Ms. K.

Kaomudi Kirna, Mr. Sunil Kumar Jha and Mr. Kushagra Dixit, Advocates for R-8.

Mr. Santosh Kumar Rout, Advocate for CCI.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1.

The present Writ Petition was registered by this court pursuant to

directions of the Hon'ble Supreme Court dated 19th July, 2010. The operative part of the said order is set out below: - "I.A. No.12 of 2002, along with I.A. No.17 of 2006 as well as unregistered I.A. No.

/2010 are preferred by the Government of NCT, Delhi as well as Municipal Corporation of Delhi respectively, inter-alia, seeking a direction to the Development Commissioner, Government of NCT, Delhi and other Authorities to grant allotment of land at Bhatti Mines for development of landfill site in favour of Municipal Corporation of Delhi for disposal of Municipal Solid Waste at the SLF site.

These interlocutory applications are opposed by NGO Forum for the NCR vide Interlocutory Application No.13 of 2002. Having examined the interlocutory applications, we are of the view that these interlocutory applications could be examined by the Delhi High Court as, in our view, looking to the complexity of the problem, the High Court would be in a better position to decide these matters keeping in mind the local topography and local conditions. Consequently, we hereby direct the Registry to place the interlocutory applications before the Delhi High Court, which, in turn, will decide the question of allotment at the appropriate site for disposal of the Municipal Solid Waste. It is hereby made clear that the High Court will decide the above interlocutory applications uninfluenced by any observation made by this Court in its Order dated 1st March, 1996 in Writ Petition (C) No.286 of 1994, in the case of Dr. B.L.Wadhera vs. Union of India and Ors.

We request the Delhi High Court to expeditiously hear and dispose of the matter, preferably within three months."

(emphasis supplied) 2.

The petitioner herein, Almitra H. Patel, had opposed I.A. 12 of 2005, seeking rejection of the use of Bhatti Mines as a Solid Land Fill (hereinafter 'SLF') site for disposal of Municipal Solid Waste. 3.

In the order passed by this Court on 3rd February, 2012, the stand of DDA and MCD was noted that Bhatti Mines cannot be used for the purposes of Solid Waste Management and accordingly, DDA was required to

undertake a fresh exercise for suggesting alternative sites. The operative portion of the said order are set out below:

"8. As it is the case of the DDA and the MCD that the Bhatti Mines, which were identified as one of the proposed sites for being used for solid waste management, cannot be used for the said purpose in terms of the Solid Waste Management Master Plan of Delhi, the DDA is required to undertake a fresh exercise for suggesting an alternative site, so as to make up for the area deficiency on account of excavation at the Bhatti Mines. For that purpose, DDA shall be at liberty to associate any other agency, including MCD, as it may deem appropriate and file an affidavit as to the action taken by it." 4.

Thereafter, various status reports have been filed in the petition. The latest status report has been filed on behalf respondent-MCD on 22nd September, 2025. Paragraph 13 of the status report details the various lands that were made available by DDA to MCD for the purposes of Solid Waste Management. Para 13 of the status report is set out below:-

5.

As is manifest from the abovesaid status report, much water has flown under the bridge since the time the aforesaid IAs were transferred to this Court in 2010. It is evident that on account of all the aforesaid land parcels allotted to MCD for purposes of Solid Waste Management, the land at Bhatti Mines is not to be used for the said purpose. 6.

Accordingly, the abovementioned I.As which were registered by this Court as the present writ petition have become infructuous. Accordingly, the writ petition, along with pending applications, stands disposed of. AMIT BANSAL, J MAY 13, 2026 Vivek/-