Almitra H.Patel & Anr. vs Union Of India & Ors.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Date of decision: 13 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
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W.P.(C) 5236/2010 Page 1 of 6
Signed By:DHARMENDER
SINGH
Signing Date:18.05.2026
14:39:31

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directions of the Hon’ble Supreme Court dated 19 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
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observation made by this Court in its Order dated 1 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.
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3. In the order passed by this Court on 3 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
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W.P.(C) 5236/2010 Page 2 of 6
Signed By:DHARMENDER
SINGH
Signing Date:18.05.2026
14:39:31

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
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latest status report has been filed on behalf respondent-MCD on 22
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:-
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Signed By:DHARMENDER
SINGH
Signing Date:18.05.2026
14:39:31

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Signed By:DHARMENDER
SINGH
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W.P.(C) 5236/2010 Page 5 of 6
Signed By:DHARMENDER
SINGH
Signing Date:18.05.2026
14:39:31

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/-
Signature Not Verified
W.P.(C) 5236/2010 Page 6 of 6
Signed By:DHARMENDER
SINGH
Signing Date:18.05.2026
14:39:31