High Court Raps Madhya Pradesh For "Inertia" Over Union Carbide Toxic Waste

The Madhya Pradesh High Court has directed the state government to dispose of the toxic waste lying at the now-defunct Union Carbide factory in Bhopal, and said even 40 years after the gas disaster, the authorities are in a "state of inertia" that may cause "another tragedy".

Describing it as a "sorry state of affairs", the high court asked the government to remove and transport the hazardous waste from the site within four weeks, failing which it will have to face contempt proceedings.

Highly toxic gas methyl isocyanate (MIC) leaked from the Union Carbide factory during the intervening night of December 2-3, 1984, eventually killing 5,479 people and maiming more than five lakh others.

In a strongly-worded order passed on Tuesday, a division bench comprising HC Chief Justice SK Kait and Justice Vivek Jain said, "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 and material."

"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 groundwater, are of paramount requirement for safety of general public of Bhopal city," it said.

Incidentally, the MIC gas disaster at Bhopal took place on this very date (December 2), exactly 40 years ago, it said.

"They are still in a state of inertia despite 40 years from the date of the gas tragedy. Though the plan has been sanctioned, a contract has been awarded, but still the authorities are in inertia that may lead to another tragedy to take shape before acting further," the division bench observed.

The court asked the authorities to undertake all safety measures during the transportation and disposal of the toxic waste/material.

The toxic waste/material should be sent to the place assigned within four weeks, failing which the Madhya Pradesh chief secretary and the principal secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department should personally remain present (before the court) to explain as to why various orders passed by this court have not been complied with, it added.

It asked the principal secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department to perform the 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 bench said.

"It is not in dispute that the contract for this purpose is dated 23rd September, 2021. The money has already been paid on 04.03.2024. The plan produced by the Counsel for State Government is dated 20.03.2024. As per the said plan, the minimum period has been shown as 185 days and maximum 377 days," the bench said.

The cost to implement the directions shall be borne by the state and the central government as already directed by this court, it said in the order.

"The learned counsel appearing for the Central Government submits that they have already paid their share to the State Government, however, the State Government has not spent that amount. Whereas the learned Additional Advocate General appearing for State submits that they have already received Rs 126 crore 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," the bench said.

The high court then directed the respondents, the state government and the authorities concerned to sit together, and said if any permission or any formality is required, the same is to be granted within one week.

If any of the departments fails to comply with the order passed by the court, the principal secretary of the department shall be prosecuted under the Contempt of Courts Act, the order read.

"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 MP shall indicate on the next date of hearing so that this Court may take strict action against the said authority", the court said.

The high court bench then ordered that the compliance report be supported with the personal affidavit of the principal secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department.

"The said report shall contain each day's progress starting from tomorrow onwards", the bench observed.

The court then listed the matter for hearing on January 6, 2025.