In a significant development in the ongoing legal battle surrounding the disposal of toxic ash from the Union Carbide plant in Bhopal, a division bench of the Madhya Pradesh High Court has put an October 8 order in abeyance and instructed the state government to proceed with the disposal of the ash within two months. The October 8 order, issued by a separate two-judge bench, had previously stayed the disposal of approximately 800 metric tons of toxic ash, a byproduct of incinerating 337 metric tons of waste from the Union Carbide plant, at a landfill site in Pithampur, Dhar district.
The recent hearing, presided over by Justices Vivek Kumar Singh and Ajay Kumar Nirankari, addressed a plea from the state government seeking the recall of the October 8 order. The government argued against the order, which directed them to identify an alternative disposal site, as the initially designated location was situated a mere 500 meters from a residential area.
The bench of Justices Singh and Nirankari, while setting aside the October 8 order, instructed the government to adhere to a prior directive issued by the High Court on December 3, 2024. This earlier order had criticized the government for "inordinate delay" in disposing of the waste and mandated immediate action for its disposal. The court had then come down heavily on the government over the "inordinate delay.". The current directive requires the government to complete the ash disposal within the next two months, in consultation with an expert committee appointed by the court.
The disposal of waste from the Union Carbide plant has been a contentious issue for decades, fraught with protests and legal challenges. The 337 metric tons of packaged waste were incinerated at the Pithampur TSDF facility, a move that faced opposition from local residents and groups representing victims of the Bhopal gas tragedy. These groups raised concerns about the potential health hazards associated with burying the ash at the Pithampur site.
The initial plan to bury the ashes in a landfill cell within the Pithampur facility was stalled by the High Court's October 8 order, which cited an intervener application highlighting excessive mercury levels in the ash, based on an August 12 Pollution Control Board report. The court, at that time, directed the state government to explore alternative disposal sites and clarify whether a global tender had been issued to solicit expertise from agencies specializing in toxic chemical waste disposal.
The Union Carbide gas leak in 1984 remains one of the world's worst industrial disasters. The incident resulted in at least 5,479 fatalities and caused lasting health complications for thousands more. The struggle to dispose of the toxic waste and its byproducts has been ongoing for over four decades, marked by repeated setbacks due to public opposition and legal disputes.
While the State Pollution Control Board has asserted that emissions during the incineration process remained within permissible limits and that no adverse health effects were reported, local residents have voiced concerns. Prakash Sarkate, a resident of Tarpura village, located near the Pithampur plant, stated that his home is a mere 500 meters from the facility and demanded the government address public concerns and relocate the ash. Nirmala Panwar, another Tarpura resident, claimed that villagers frequently suffer from colds, fevers, and eye irritation.
The High Court's recent order provides a new impetus to resolve this long-standing issue. The state government is now tasked with completing the disposal of the Carbide ash within the stipulated timeframe, while also addressing the concerns of local communities and ensuring adherence to environmental safety standards.
