The Supreme Court on Thursday dismissed a petition seeking to halt the trial incineration of toxic waste from the Bhopal Gas tragedy site, rejecting concerns over potential health risks and environmental contamination in Pithampur, Madhya Pradesh.
A bench headed by Justice Bhushan R. Gavai, along with Justice Augustine George Masih, ruled against the plea filed by Indore-based petitioner Chinmay Mishra. The petition had challenged the Madhya Pradesh High Court’s December 3, 2024, decision to approve trial runs for the disposal of 337 metric tonnes of toxic waste stored at the defunct Union Carbide India Limited (UCIL) site.
The court took into account that an expert committee, comprising officials from the National Environmental Engineering Research Institute (NEERI), National Geophysical Research Institute (NGRI), and the Central Pollution Control Board (CPCB), was overseeing the waste transportation and disposal process.
Trial Runs to Proceed Under Expert Supervision
The first trial run commenced on Thursday (February 27), with additional runs scheduled for March 4 and 10, each incinerating 10 metric tonnes of waste at the Treatment, Storage, and Disposal Facility (TSDF) in Pithampur.
The Supreme Court, while dismissing the petition, stated that reputed environmental institutions like NEERI and NGRI were supervising the process and were well-equipped to ensure safety measures were followed. “NEERI is the most recognised and reputed organisation in the country dealing with environmental aspects,” the bench observed.
Petitioners Raise Safety Concerns
Senior advocates Devadatt Kamat and Sarvam Ritam Khare, representing the petitioner, argued that merely having experts on the committee was insufficient, as their recommendations were not being effectively implemented. They pointed out that the disposal site is located near human settlements, including Tarpura village, just 250 metres away, and other villages within a 1-km radius.
The petition also highlighted that Pithampur’s proximity to Indore, a densely populated city 30 km away, posed a significant risk. The Gambhir River, which runs beside the disposal facility, feeds into the Yashwant Sagar Dam, a key water source for 40% of Indore’s residents. The petitioners argued that the incineration process could contaminate soil and water, threatening public health.
Government Defends Waste Disposal Measures
In response, the Madhya Pradesh government, in an affidavit filed on Wednesday, assured the court that all safety measures recommended by the Task Force Committee—comprising experts from NEERI, NGRI, and CPCB—had been implemented. Senior advocate Nachiketa Joshi, representing the state, also informed the court that the high court was monitoring the issue and that any grievances could be addressed there.
Additionally, several Pithampur residents and NGOs advocating for Bhopal gas victims filed intervention applications, claiming that local consent for incineration had been misrepresented in court.
Alternative Waste Disposal Methods Considered
While the Supreme Court dismissed the petition, it directed the petitioners to submit alternative waste disposal proposals to the state government. “You appear to be following the not-in-my-backyard (NIMB) rule. You seem to suggest dump it elsewhere, but not in Indore,” the bench remarked.
Senior advocate Anand Grover, representing an NGO, clarified that they were not against waste disposal but suggested an alternative method instead of incineration. The court instructed the state to present this proposal to the expert committee for evaluation.
Decades-Old Toxic Waste Crisis
The toxic waste from the 1984 Bhopal Gas tragedy had remained abandoned at the UCIL site for 40 years. The infamous industrial disaster occurred on the night of December 2-3, 1984, when a methyl isocyanate (MIC) gas leak killed 5,295 people, according to official records. Activists estimate the death toll to be around 15,000, with thousands more suffering long-term health complications due to toxic exposure.
The state government began transferring the hazardous waste to Pithampur on February 13 for incineration, 42 days before the Supreme Court’s verdict.
As trial runs proceed, the court’s ruling reinforces the government’s stand on disposing of the decades-old toxic waste under expert supervision, despite ongoing resistance from local communities and activists.
Sources By Agencies
