New Delhi, Feb 17 (UNI) The Supreme Court on Monday issued a notice on a petition challenging the Madhya Pradesh High Court’s directive to transport and dispose of 337 metric tonnes of hazardous chemical waste from the Bhopal Gas Tragedy site to Pithampur, Madhya Pradesh.
A bench comprising Justice BR Gavai and Justice AG Masih passed the order after hearing arguments presented by Senior Advocate Devdatt Kamat, appearing for the petitioner.
The High Court had issued an order in response to a 2004 Public Interest Litigation (PIL) that criticized the inaction of both the Central and State Governments in effectively cleaning up the toxic waste at the now-defunct Union Carbide Factory in Bhopal.
Despite the passage of 40 years since the 1984 disaster, thousands of tonnes of hazardous materials remain at the site.
On December 3, 2024, the Madhya Pradesh High Court (Jabalpur Bench) termed the continued presence of toxic waste as a "sorry state of affairs" and ordered authorities to undertake immediate cleanup efforts.
Later, on January 6, 2025, the High Court directed media houses not to publish fake news or misinformation regarding the disposal of the Union Carbide waste at the Pithampur facility.
The petitioner has approached the Supreme Court, challenging both orders.
Senior Advocate Devdatt Kamat argued that the High Court’s order for waste disposal was issued without any advisory to the public. He contended that residents of Pithampur and surrounding areas were protesting against the move, as no consultation or safety clarifications had been provided by the State Government.
Kamat also highlighted the serious environmental and health risks associated with the disposal plan. He said that the Pithampur facility is surrounded by residential areas, with Tarapura village (105 houses) only 250 meters away, yet no relocation measures have been undertaken.
The disposal site is located near the Gambhir River, raising concerns about potential contamination and long-term ecological damage.
Official affidavits from the State of Madhya Pradesh indicate that prior test runs at Pithampur failed to meet safety standards, yet the authorities proceeded with the plan, Kamath said.
The petitioner further warned that four to five villages within a one-kilometre radius of the disposal site could face severe health hazards due to prolonged exposure to toxic emissions. The disposal process is expected to take eight to nine months, posing continuous risks to the local population.
As an alternative, the petitioner proposed dividing the hazardous waste into smaller quantities and disposing of it at multiple facilities instead of concentrating the risk at a single site. He also criticized the authorities for failing to inform residents of Indore and Dhar districts about the health risks, thereby violating their right to be heard and right to health.
The petition also raised concerns about Pithampur’s suitability for hazardous waste disposal. The industrial area, home to over 1,250 operational industries and a large labour-class population, lacks adequate government healthcare facilities. Moreover, Pithampur is just 30 kilometres from Indore, raising fears that the planned disposal could create another large-scale environmental and public health disaster.
After hearing the submissions, the Supreme Court issued a notice to the concerned authorities and scheduled the matter for hearing next week.
The petition, filed through Advocate-on-Record Dr Sarvam Ritam Khare, argued that the proposed disposal plan could result in a catastrophe akin to the 1984 Bhopal Gas Tragedy and urged a reconsideration of the decision to protect public health and environmental safety.
UNI SNG CS2008