Supreme Court refuses to halt disposal of waste from Bhopal’s Union Carbide plant at Pithampur
The bench allowed the petitioners to approach the Madhya Pradesh HC, which has permitted the state government to conduct trials to incinerate the waste.
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The Supreme Court on Thursday refused to interfere with the Madhya Pradesh High Court’s order allowing the disposal of 40-year-old chemical waste from Bhopal’s defunct Union Carbide factory in Pithampur, reported Live Law.
The High Court on February 18 permitted the state government to conduct trials to incinerate the waste in three phases, with the first scheduled to begin on Thursday.
A bench of Justices BR Gavai and AG Masih allowed the petitioners to approach the High Court once again.
In December 1984, methyl isocyanate and other toxic gases leaked from the pesticide plant of Union Carbide India Limited in Bhopal.
Over five lakh persons were exposed to the toxic gases and at least 4,000 were killed as a result in the ensuing days. Government data suggests that there have been 15,000 deaths as a result of the disaster over the years.
On December 3, the High Court had set a four-week deadline to shift the waste from Bhopal to Pithampur, criticising the authorities for not clearing up the accident site despite directions from the Supreme Court.
The petitioners challenged this order, stating that the matter was not discussed with Pithampur residents, reported The Indian Express. They also told the Supreme Court that the state government had not clarified the matter of residents’ safety and security.
Senior Advocate Devdatt Kamat stated that the High Court had constituted a 15-member task force to look into the matter of waste disposal. It was claimed that 11 of the members had agreed to the disposal measures, Kamat told the court.
“Now those eight out of 11 come before this court and say we never gave this consent!” he claimed. “This is very serious.”
Kamat also claimed that reports of preliminary waste disposal tests presented in court seemed to be from some other private plant and not the Union Carbide factory, reported Live Law.
On Thursday, the top court noted that the committee constituted by the High Court consists of expert bodies like the National Environmental Engineering Research Institute, the National Geophysical Research Institute and the Central Pollution Control Board.
“The minutes of the committee reveal that the experts have taken a decision for the transportation and disposal of toxic waste…Views of directors of NEERI, NGRI and the Chairman of CPCB have been recorded,” said the bench.
It added: “The High Court is monitoring the matter, in that view, we do not find any reason to interfere in the said impugned order.”
On January 2, about 337 tons of hazardous waste from the Union Carbide factory were delivered to the Pithampur industrial area in Dhar district, in 12 leak-proof and fire-resistant containers.
The arrival of the waste in Pithampur was with met with outrage by residents and activists. On January 3, two men sustained injuries after immolating themselves in protest.
On January 6, the court gave the state government six weeks to dispose of the waste in accordance with safety protocols.
Also read: Why a town in MP is resisting the plan to treat toxic waste from Bhopal’s Union Carbide plant