40 Yrs Since Bhopal Gas Tragedy But Authorities Still Indolent: High Court Orders Swift Disposal Of Toxic Waste From Union Carbide Factory

Terming the non-removal of toxic waste from the now-defunct Union Carbide Factory site at Bhopal a "sorry state of affairs", the Jabalpur Bench of Madhya Pradesh High Court directed the authorities to immediately clean-up the site and take all remedial measures for safe disposal of the waste/material from the area.

In doing so, the court underscored that if waste is not sent to the assigned place within four weeks, the state's Chief Secretary and the Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department shall be personally present to explain why to various court orders have not been complied with. The high court, which passed the order on December 3 noted that incidentally the MIC gas disaster at Bhopal took place 40 years ago on the same date.

A division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “Though some steps have been taken but they are minimal and cannot be appreciated for the reasons that the present petition is of the year 2004 and almost 20 years have elapsed but the respondents are at first stage...This is a really sorry state of affairs because the removal of toxic waste from plant site, decommissioning the MIC and Sevin plants and removal of contaminants that have spread in the surrounding soil and ground water, are of paramount requirement for safety of general public of Bhopal city. Incidentally, the MIC gas disaster at Bhopal took place this very date, exactly 40 years ago.”

“We fail to understand that in spite of issuance of various directions from time to time by the Hon'ble Supreme Court as well as by this Court, pursuant to the plan dated 23.03.2024, till date no steps seem to have been taken to remove to the toxic waste/material. They are still in state of inertia despite 40 years from the date of gas tragedy. Though plan has been sanctioned, contract has been awarded, but still the authorities are in inertia that may lead to another tragedy to take shape before acting further,” the court added.

It thereafter directed the State Government and the concerned authorities to sit together and if any permission or any formality is required, the same was directed to be granted within one week.

The court said that if any of the departments fails to comply with its order, the "Principal Secretary of the Department shall be prosecuted under the Contempt of Courts Act".

"Further, the steps for removal of toxic waste/material shall be taken and sent to the place assigned within four weeks from today failing which the Chief Secretary of the State Government of M.P. and the Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department shall be personally present before this Court to explain as to why various orders passed by this court have not been complied with. If any of the authorities creates any hurdle or impediment regarding compliance of the orders of this Court, the Chief Secretary of the State Government of M.P. shall indicate on the next date of hearing so that this Court may take strict action against the said authority," the court directed.

It also made it clear that "all the safety measures" shall be taken during transportation and disposal of the toxic waste/material.

The court was hearing a 2004 Public Litigation Interest plea filed to bring to the notice of the court about the inaction of the Central Government as well as State Government in taking effective steps to clean up the area around the Union Carbide Factory wherein thousands of tons of toxic waste and chemicals is still lying dumped.

When the matter was heard on March 30, 2005, after considering the seriousness of the matter, a Task Force for implementation of Toxic Waste removal/destruction was constituted. The Court had directed the 'Task Force Committee' to monitor the execution of the work by the Contractor and submit report once every three weeks.

In its September 11 order (passed this year) the parties had jointly submitted that the work had not commenced by the Contractor. In the said order, the court had directed Chairman, of M.P. Pollution Control Board to personally look into the matter and submit report about the progress of work on the next date of hearing. Further, it was directed that a Superior Officer authorized by the Chairman of the State Pollution Control Board shall remain present before the Court on the next hearing to explain as to why there is delay in commencing the work, when the fund had been made available by the Central Government.

Thereafter, on December 3, the court observed that even though some steps have been taken yet they are minimal.

The court thereby, directed the Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department to perform its statutory obligations and duties under the Environmental Laws of this country.

"We further direct immediate clean up of the Union Carbide Factory site at Bhopal and to take all remedial measures for removal and safe disposal of the entire toxic waste/material from the area concerned. The cost if any, to implement the directions, shall be borne by the State Government and Central Government as already directed by this Court," it directed.

The counsel for Central Government submitted that they have already paid their share to the State Government, however, the State Government has not spent that amount. Whereas the Additional Advocate General appearing for State submitted that they have already received Rs.126 crores and contract awarded and the contractor has already been paid 20% of the aforesaid amount, however, till date the contractor concerned has not taken any steps. It was further submitted that they will start the process within three weeks.

The Regional Officer, M.P. Pollution Board, Dhar submitted that they were ready to dispose of material and they have 12 trucks available with them and the State Government can utilize the same for the purpose of transportation of the toxic waste/material.

The court also directed that the compliance report shall be supported with personal affidavit of Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department, Government of Madhya Pradesh and the said report shall contain each day's progress starting from the next day onwards.

It thereafter listed the matter on January 6, 2025.

Case Title: Alok Pratap Singh (Deceased) In Rem Vs The Union Of India And Others

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