Supreme Court rejects plea to halt incineration of Bhopal gas tragedy site waste in Pithampur

Bhopal gas tragedy: Court dismisses health and environmental concerns over waste disposal

The Supreme Court on Thursday dismissed a petition seeking to halt the trial runs for incinerating toxic waste from the Bhopal Gas tragedy site in Pithampur, located in Madhya Pradesh’s Dhar district. The court rejected concerns about potential health risks to local residents and the possibility of soil and water contamination.

Scheduled trial runs for waste incineration

The first trial run is scheduled for February 27, with additional runs planned for March 4 and 10. Each trial will involve the incineration of 10 metric tonnes of toxic waste.

A Supreme Court bench issued the ruling after considering expert oversight from a committee that includes representatives from the National Environmental Engineering Research Institute (NEERI), the National Geophysical Research Institute (NGRI), and the Central Pollution Control Board (CPCB). The committee is supervising the transportation and disposal of 337 metric tonnes of hazardous waste from the Union Carbide India Limited (UCIL) site.

Petition challenges waste disposal process

The petition, filed by Chinmay Mishra, an Indore resident, challenged a December 3, 2024 decision by the Madhya Pradesh High Court, which approved trial runs for waste disposal at the Treatment, Storage, and Disposal Facility (TSDF) in Pithampur.

A bench comprising Justice Augustine George Masih and led by Justice Bhushan R Gavai stated, “NEERI is the most recognized and reputed organization in the country dealing with environmental aspects.” The court further emphasized that NGRI is a reputed institution with expertise in geophysical studies.

Petitioner raises concerns over implementation of safety measures

Senior advocates Devadatt Kamat and Sarvam Ritam Khare, representing the petitioner, argued that expert presence alone was insufficient since the committee’s recommendations were not being effectively implemented.

The Supreme Court had earlier directed the Madhya Pradesh government to clarify the safety measures adopted to protect local residents. In response, the state submitted an affidavit on Wednesday, affirming that all measures recommended by the Task Force Committee, which includes experts from NEERI, NGRI, CPCB, and the state pollution board, have been implemented.

High Court also monitoring the issue

Senior advocate Nachiketa Joshi informed the court that the Madhya Pradesh High Court is actively monitoring the issue. He suggested that if the petitioners had further grievances, they could present them before the High Court.

Several intervention applications were filed by Pithampur residents and NGOs supporting Bhopal gas victims. The applicants alleged that the High Court was misled regarding local residents’ consent for the incineration process. They argued that the state falsely claimed that 11 residents had approved the process.

The Supreme Court, addressing these concerns, remarked, “You appear to be following the not-in-my-backyard (NIMBY) rule. You seem to suggest dumping it elsewhere, but not in Indore.”

Alternative methods proposed for waste disposal

Senior advocate Anand Grover, representing an NGO, clarified that while his clients did not oppose waste disposal, they proposed an alternative method to incineration. The court directed them to submit the proposal to the state government, which will present it to the expert committee overseeing the disposal process.

Toxic waste transfer and local concerns

On February 13, the Madhya Pradesh government began unloading 337 tonnes of toxic waste in Pithampur, following a 42-day transfer process from Bhopal for incineration.

The petitioners argued that the disposal site is dangerously close to several villages, with at least four to five villages within a 1 km radius and Tarpura village just 250 meters away. They claimed that the government failed to relocate or inform residents about potential health risks.

The petition also highlighted that Indore, a densely populated city 30 km from Pithampur, could face environmental hazards due to the disposal process. The Gambhir River, which flows near the facility, supplies water to the Yashwant Sagar Dam, a source of drinking water for 40% of Indore’s population.

Legacy of the Bhopal gas tragedy

The toxic waste has remained abandoned at the defunct UCIL factory for 40 years, following the 1984 Bhopal Gas Tragedy, when Methyl Isocyanate (MIC) gas leaked on the night of December 2-3. Official figures state that 5,295 people died, but activists estimate that the disaster caused at least 15,000 deaths, with many more suffering long-term health complications due to gas exposure.

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