Bhopal gas tragedy: SC refuses to interfere with HC order on toxic waste disposal

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A Bench of Justices BR Gavai and AG Masih dismissed a petition challenging the HC’s December 3, 2024, order directing the Madhya Pradesh government to clear hazardous waste from the defunct Union Carbide India Ltd (UCIL) plant.

The 1984 disaster — one of the world’s worst industrial catastrophes — occurred when highly toxic methyl isocyanate (MIC) gas leaked from the Union Carbide factory on the night of December 2-3, killing 5,479 people and leaving over five lakh injured.

The top court noted that the High Court’s decision was based on recommendations from an expert committee comprising directors of the National Environmental Engineering Institute (NEERI), the National Geophysical Research Institute (NGRI), and the chairman of the Central Pollution Control Board (CPCB).

The MP government had submitted an affidavit detailing a June 19, 2023, meeting where experts from NEERI, NGRI and CPCB approved the plan to transfer approximately 377 tonnes of hazardous waste from Bhopal to Pithampur, about 250 km away.

“The High Court took a serious view of the lethargic manner in which the state government was handling the disposal of toxic waste. Only after its intervention did the matter progress. Since the HC is actively monitoring the case, we see no reason to interfere,” the Bench observed.

The SC further ruled that it could not override expert opinions, which had endorsed the waste disposal plan. It advised intervenors, including civil society members, to present their concerns before the HC.

In December 2024, the HC had reprimanded authorities for delaying the cleanup, setting a four-week deadline and warning of contempt proceedings if its orders were ignored. Following this, on January 1, toxic waste was transported in 12 sealed container trucks to the disposal facility.

The HC’s February 18 order mandated a trial run for disposal, directing authorities to process 30 metric tonnes of waste in three phases — 10 metric tonnes per batch — starting February 27 while ensuring all safety protocols were followed.