Madhya Pradesh High Court: In a writ petition pertaining to the clean-up and removal of toxic waste from the Union Carbide Factory site in Bhopal, following the catastrophic gas leak disaster that occurred 40 years ago on this date, a Division Bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., expressed its dissatisfaction with the pace of progress in the case, highlighted the serious risks to public health and safety that persist due to the authorities’ inaction and issued directions for immediate action.
The instant matter concerns the aftermath of the Bhopal Gas Tragedy, a catastrophic gas leak disaster which occurred on 03-12-1984, 40 years ago. The Bhopal Gas Tragedy continues to have lasting environmental consequences, with toxic waste and contaminants still present at the site and in the surrounding soil and groundwater. The Court has previously issued numerous orders regarding the removal of toxic waste and the decommissioning of dangerous plants at the Union Carbide Factory site in Bhopal, where hazardous materials, such as MIC (Methyl Isocyanate) and Sevin, continue to pose significant environmental and public health risks. Despite repeated orders, including those on 30.03.2005, 13.05.2005, and 23.06.2005, minimal progress has been made by the authorities concerned in fulfilling their obligations under environmental laws. The recent order was passed on 11.09.2024, marking the ongoing failure to take substantial action despite earlier directions.
The Court expressed dissatisfaction with the minimal progress made over the years, despite the clear directions given in earlier orders. The Court noted that the case has been pending for almost 20 years, and although some steps have been taken, they are insufficient.
The Court noted that the toxic waste removal, decommissioning of the MIC and Sevin plants, and the remediation of contaminated soil and groundwater have not been carried out in a timely manner, putting public safety at risk. It was noted that the State Government has received a sum of Rs. 126 crores for the cleanup but has not utilized it adequately. A contract for cleanup was awarded in September 2021, but the contractor has not taken significant action despite being paid 20% of the amount.
The Court noted that the Central Government has paid its share, but the State Government has failed to spend the funds or initiate the cleanup process effectively. The Court highlighted the urgent need for action to prevent further harm to public safety, particularly with the anniversary of the gas tragedy. The Court issued the following directions —
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The Principal Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department to take immediate steps for the removal and safe disposal of toxic waste from the Union Carbide Factory site.
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Directed the State Government to commence the process within three weeks from the date of the order.
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Instructed that a detailed progress report, supported by personal affidavits from the Principal Secretary, be submitted daily, starting from the following day. The report should reflect the progress made in the cleanup.
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If the authorities failed to comply, the Principal Secretary would be liable for prosecution under the Contempt of Courts Act. Furthermore, the Chief Secretary of Madhya Pradesh and the Principal Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department must appear before the Court if compliance is not achieved within four weeks.
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Mandated that all safety measures be observed during the transportation and disposal of toxic waste.
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If any department obstructs the process, the Chief Secretary of Madhya Pradesh is required to inform the Court so that strict action can be taken.
The Court demanded immediate action, with a clear timeline for compliance, and stated that the failure to act could lead to serious consequences for public safety and further legal action against the authorities involved. The Court directed the Chief Secretary and Principal Secretary to appear before the Court on the next date of the hearing, if the orders are not complied with.
[Alok Pratap Singh In Rem v. Union of India, WP No. 2802 of 2004, Decided on 03-12-2024]
Advocates who appeared in this case :
Shri Naman Nagrath, Senior Advocate with Shri K.N. Fakhruddin, Counsel for the Petitioners
Shri Pushpendra Yadav, Deputy Solicitor General and Shri S.K. Shukla, Counsel for the Respondent No. 1/Union of India
Shri H.S. Ruprah, Additional Advocate General with Dr. S.S. Chouhan, Government Advocate, Counsel for the State
Shri Ashish Shroti, Counsel for the MP Pollution Control
Shri Ravindra Shrivastava, Senior Advocate and Shri Kishore Shrivasava, Senior Advocate with Ms. Shiraz Patodia, Shri Ashish Singh, Ms. Divya Shrma, Ms. Juhi Chawla and Shri Kunal Thakre, Counsel for the Respondent No. 4
Shri Rajeev Mishra, Shri S.K. Verma and Ms. Shakshi Pawar, Counsel for the Respondent No. 7
Shri Shreyas Dharmadhikari, Counsel for the intervenor International Campaign for justice Sambhavana Trust, Bhopal
Shri N. D. Jayprakash, Counsel for the Intervenor/Bhopal Gas Peedith Sangharsh Sahyog Samiti
Shri Avininder Singh, Senior Advocate, Shri Teerthesh Bharilya and Shri Akshay Pawa, Counsel for the intervenor/B.G.I.A.
