The Supreme Court advised those opposing the waste disposal, including civil society members, to take their concerns to the Madhya Pradesh High Court, which is already handling the matter.
New Delhi, Feb 27: The Supreme Court has decided not to interfere with the Madhya Pradesh High Court’s order on moving toxic waste from the 1984 Bhopal gas tragedy site to Pithampur in Dhar district for disposal.
The apex court also refused to stop the trial run scheduled for Thursday to dispose of the hazardous material.
A bench of Justices B R Gavai and A G Masih observed that expert agencies such as NEERI (National Environmental Engineering Research Institute), NGRI (National Geophysical Research Institute), and CPCB (Central Pollution Control Board) have already examined the issue. Their findings were considered by both the High Court and an expert panel before the decision was made.
The court advised those opposing the waste disposal, including civil society members, to take their concerns to the Madhya Pradesh High Court, which is already handling the matter.
On February 25, the Supreme Court had directed authorities to inform it about the safety measures taken for the waste disposal process.
A total of 377 tonnes of hazardous waste from the abandoned Union Carbide India Ltd (UCIL) plant has been transported to Pithampur industrial area, located about 250 km from Bhopal and 30 km from Indore, for disposal in a designated facility.
As the state’s counsel requested time to file a reply affidavit, Justice B R Gavai stated that the trial run, scheduled for February 27, should not proceed until safety assurances were provided. He cautioned that any irreversible consequences must be avoided and emphasized that if authorities could prove sufficient precautions were in place, the court would not intervene.
The Madhya Pradesh High Court, in response to a Public Interest Litigation (PIL), had on December 3, 2024, ordered authorities to dispose of 337 MT of toxic waste within four weeks. The HC criticized the government’s inaction, stating that despite 40 years, officials remained in a “state of inertia.”
An appeal against the HC order highlighted strong opposition from citizens in Pithampur and Indore, citing a lack of consultation and safety assurances. The plea pointed out that Pithampur, home to over 1,250 industries and a large working-class population, lacked adequate healthcare facilities.
It argued that the proposed disposal at the Pithampur plant, operated by Ramky Enviro Engineers Limited, could endanger residents of both Pithampur and Indore. The petition warned of a potential repeat of the 1984 disaster if toxic gases were released during incineration.
Senior Advocate Devdatt Kamat, representing the appellants, referenced the state’s affidavit before the HC, noting that residential settlements existed near the Pithampur facility. He stressed that Tarapura village, located just 250 meters from the site, had 105 houses, and its residents should be relocated before waste disposal commenced.
Despite persistent protests from activists and residents, officials maintained that the disposal would not harm the environment and that stringent precautions were in place. However, concerns remain over the safety of local communities and the potential risks associated with the incineration process.
The Bhopal Gas Tragedy
The Bhopal gas tragedy is considered among the worst industrial disasters globally. It occurred on the intervening night of December 2-3, 1984, when a highly toxic gas, methyl isocyanate (MIC), leaked from the Union Carbide factory. The disaster led to the tragic death of 5,479 people and caused serious health issues for more than five lakh individuals.
Case Title: CHINMAY MISHRA Versus UNION OF INDIA AND ORS., Diary No. 3661-2025
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