Supreme Court Expresses Shock Over Bandhwari Landfill Fires In Gurugram, Asks CAQM To Issue Preventive Directions

The Supreme Court on Friday expressed shock at the recent fire at the Bandhwari landfill site in Gurugram and observed that the lingering smoke, even after the fire was extinguished, posed a major health hazard to citizens.

A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan noted that the fire had taken four days to be doused and emphasised the serious pollution caused by such incidents.

“In April 2025 there were at least two fires and the last fire took four days for fire brigade to douse the fire. We have seen the video. We are shocked to see the video. One can imagine what is the extent of pollution created by such fires. And even if the fire has been extinguished, smoke still exists. This will cause major health hazard to the citizens”, the Court said.

The Court was informed that the Bandhwari landfill site, which is within the limits of the Municipal Corporation of Gurugram (MCG), currently holds 13 lakh metric tons of waste, of which approximately 9 lakh metric tons is legacy waste — waste that has accumulated over time and remains untreated.

The Court directed the Municipal Commissioner of Gurugram to file an affidavit by May 15 stating the outer limit by which the 9 lakh metric tons of legacy waste at the Bandhwari landfill will be removed.

It also said that since the site is used by both Gurugram and Faridabad municipal bodies and similar incidents are occurring across NCR, the CAQM should issue binding directions under Section 12 of the CAQM Act to prevent such fires.

“There are large scale similar instances in NCR region. Therefore it will be appropriate if CAQM issues direction under section 12 of CAQM Act dealing with this issue particularly the preventive measures. We direct the Municipal Commissioner of the Municipal Commission of Gurugram to file an affidavit setting out the outer limit by which the legacy waste of 9 lakh metric tons will be removed. Affidavit to be filed by 15th of May”, the Court stated.

During the hearing, Justice Oka questioned the Municipal Commissioner of Gurugram, who appeared virtually, whether the Solid Waste Management Rules, 2016 had been implemented. He observed that all deadlines under the rules had already expired. When asked about the extent of the landfill, the Commissioner said the total area is 30 acres.

The amicus curiae pointed out that the Commission for Air Quality Management (CAQM) should now intervene, as similar issues are present across various local bodies in the NCR region. She noted that such fire incidents are happening repeatedly, not just in Gurugram but also in areas like Noida.

The Commissioner informed the Court that a seven-year action plan for clearing the waste has been submitted and is under process. He said the plan is expected to be completed by the end of June.

Justice Oka said that CAQM should consider issuing directions under Section 12 of the CAQM Act, as once such an order is passed, Section 14 of the Act provides penalties for non-compliance, ensuring the effectiveness of any directions issued.

The Court referred to the obligations of municipal authorities under the Solid Waste Management Rules, 2016. It highlighted clause (zj) of Rule 15, which makes it mandatory for local bodies to clear legacy waste at old and abandoned landfill sites. The rule requires these sites to be either cleared using bio-remediation or closed through capping within one year of the rules coming into force. Since the rules were notified in 2016, the deadline expired in 2017.

“Our attention is invited to various obligations of local authorities under Solid Waste Management Rules 2016 and in particular clause (zj) of Rule 15. It is the obligation of the Municipal Corporation of Gurugram to take immediate measures in terms of clause zj”, the Court held.

The Court also noted that the Bandhwari landfill is used by both the Gurugram and Faridabad municipal corporations.

Section 12 of the CAQM Act, 2021 empowers the CAQM to issue directions to any authority, officer, or person for managing air quality, and such directions are mandatory.

Further, Section 14 stipulates that any non-compliance or contravention of CAQM directions constitutes an offence punishable with imprisonment for a term of up to five years, or with a fine up to one crore rupees, or with both.

Since similar landfill fires are occurring across the NCR, the Court said that it would be appropriate for CAQM to issue binding directions to prevent such incidents.

Case no. –WP (C) 13029/1985

Case Title – MC Mehta v. Union of India

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