Delhi HC Disposes Metro Waste Handling’s Plea; NIT for Non-Conforming Waste Not in Breach of Concession Agreement with MCD

The Delhi High Court disposed of a writ petition filed by Metrro Waste Handling Pvt. Ltd. challenging the NIT dated 17 October 2025 issued by the Municipal Corporation of Delhi (MCD) for lifting and transportation of mixed waste. The petitioner alleged that the NIT violated its existing Concession Agreement. The Court noted that the impugned NIT pertained to “non-conforming mixed waste” outside the petitioner’s contractual scope and thus did not infringe the rights granted under the existing agreement. Based on MCD’s clarification, the Court disposed of the petition, holding that the NIT did not interfere with the petitioner’s existing concession rights.

• The petitioner, Metrro Waste Handling Pvt. Ltd., held a Concession Agreement dated 11 November 2019 with MCD for collection and transportation of municipal solid waste (MSW), street sweeping waste, and drain silt in Shahdara (South Zone).

• On 17 October 2025, MCD issued a Notice Inviting Tender (NIT) for “lifting and transportation of mixed waste (under foul condition)” from the same zone.

• The petitioner filed the present writ seeking to quash the NIT, contending that it breached Clause 10.7 of its Concession Agreement, which granted it exclusive rights over waste collection and transportation.

• The petitioner also sought disposal of pending representations and processing of its outstanding concessionaire bills.

• The NIT contravenes Clause 10.7 of the Concession Agreement, which entrusts the petitioner with the exclusive right to collect and transport waste from Shahdara (South Zone) to the Ghazipur landfill site.

• The issuance of the new tender amounts to a parallel grant of identical rights already conferred under the subsisting agreement.

• The NIT should therefore be stayed and set aside as arbitrary, illegal, and violative of contractual terms.

• The impugned NIT pertains to a different category of waste, i.e., “non-conforming mixed waste”, which includes foul, decomposed, and unsegregated waste not covered under the petitioner’s agreement.

• The Concession Agreement covers only “conforming waste”, defined as Municipal Solid Waste, Street Sweeping Waste, and Drain Silt.

• The new NIT is issued for urgent removal of waste under Sections 42–44 of the DMC Act, 1957, to prevent public health hazards.

• The scope, duration (150 days), and purpose of the NIT are distinct from the petitioner’s long-term concession.

Scope of Concession Agreement:

The Court recorded MCD’s statement that the petitioner’s contractual obligations are limited to conforming waste — (a) MSW, (b) Street Sweeping Waste, and (c) Drain Silt — and do not extend to “non-conforming mixed waste.”

Distinct Nature of NIT Work:

The Court noted that the impugned NIT addresses a separate category of mixed waste and involves temporary, complaint-driven collection requiring heavy machinery, unlike the petitioner’s scheduled, door-to-door collection system.

No Overlap or Conflict:

MCD clarified that waste under the new NIT will be dumped only at six specified collection points distinct from those used by the petitioner. Hence, the petitioner’s contractual rights remain unaffected.

Petitioner’s Statement:

Upon recording MCD’s clarification, the petitioner agreed that the writ may be disposed of as the NIT does not impact its concession rights

.

• The Court recorded MCD’s submissions that the NIT concerns non-conforming waste and does not interfere with the petitioner’s rights under the Concession Agreement.

• In view of these clarifications, the petition and pending applications were disposed of.

• No costs were awarded.

Case: Metrro Waste Handling Pvt. Ltd. v. Municipal Corporation of Delhi

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice V. Kameswar Rao & Hon’ble Mr. Justice Tushar Rao Gedela

W.P.(C): 16226/2025 & CM Appl. 66387-88/2025