SC refuses to interfere with Bhopal gas waste incineration
The Supreme Court on Wednesday refused to grant an urgent hearing against an order passed by the Madhya Pradesh high court directing incineration of the toxic chemical waste from the Bhopal gas tragedy site at Pithampur in Madhya Pradesh's Dhar district, observing that a long time has already elapsed 'fighting' to dispose the waste and the same is being done under supervision of experts.
The court was dealing with an urgent plea mentioning made by a MP-based social activist challenging a March 27 order passed by the MP high court giving 72 days for the state government to incinerate the chemical waste from the erstwhile Union Carbide factory at the incineration plant in Dhar district.
The activist told the court that since the 72-day period will expire by June 8, the lawyer for the activist sought urgent listing of the matter.
Also Read: MP HC approves trial run before final disposal of Union Carbide waste at Pithampur
A bench of justices Sanjay Karol and Satish Chandra Sharma, sitting during the partial court working days, said, 'For how many years, we are fighting to get this waste removed but for all these years, these so-called NGOs and social activists... The high court is monitoring the matter, and under the supervision of experts, it (incineration) is being done.'
As the activist insisted that the issue concerns public health and needs urgent intervention apprehension adverse consequences, the court said, 'You made this prayer before the MP high court. It was not entertained. Then you approached this court, it was not entertained. Now you want a stay in the vacation. Very sorry. We will not entertain this.'
The toxic waste has been lying abandoned in the defunct Union Carbide India Limited (UCIL) factory for the past 40 years, following the leakage of Methyl Isocyanate (MIC) on the night of December 2-3, 1984, which killed 5,295 people, according to official figures. Activists, however, later estimated that at least 15,000 lives were lost, with many more suffering from long-term health issues due to exposure to toxic gas.
The HC order came on a petition filed by one late Alok Pratap Singh seeking disposal of waste from UCIL factory. The HC was informed by state that the waste will be incinerated in small quantities under supervision of experts in three phases. The HC had recorded the submission of the state government that the incineration will commence within a week and be completed in 72 days.
It was in December 2024 that the MP high court approved trial runs for incineration of UCIL waste at Treatment, Storage and Disposal Facility (TSDF), Pithampur and the state had started unloading the 337 tonnes of toxic waste in Pithampur on February 13.
Since then, objections have been raised by local NGOs and individuals apprehending that the disposal will affect people's health and the environment. Some activists approached the high court.
Deciding one such objection on February 27, the top court bench headed by justice Bhushan R Gavai (as he then was) had brushed aside public safety concerns over the incineration of waste at Pithampur and noted that a committee of experts, including the director of the National Environmental Engineering Research Institute (NEERI), the director of the National Geophysical Research Institute (NGRI), and representatives from the Central Pollution Control Board (CPCB), was overseeing the transportation and disposal of 337 metric tonnes of toxic waste from the UCIL site.
The top court had additionally instructed the Madhya Pradesh government to outline the safety measures being implemented to prevent harm to the local population.
The top court was dealing with a petition filed by Chinmay Mishra, one Indore resident who claimed that the life and health of residents of nearby villages to Pithampur were at extreme risk. The city of Indore is 30 kms away from Pithampur and the Gambhir River flows besides the facility and caters waters to Yashwant Sagar Dam, which supplies drinking water of 40 % of the Indore population, the petition by Mishra had pointed out.
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