The Supreme Court of India has declined to stay the incineration of toxic chemical waste from the Bhopal Gas Tragedy at the Pithampur facility in Madhya Pradesh. A bench comprising Justices Sanjay Karol and Satish Chandra Sharma turned down a request by an intervenor who sought urgent listing of the matter during the court’s vacation period.
The plea cited that the 72-day deadline for the waste disposal process would expire before the court's full reopening. However, the bench refused both urgent hearing and any stay on the Madhya Pradesh High Court’s prior orders regarding the waste management process.
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“You have made this attempt before the Madhya Pradesh High Court and it was rejected. Now during vacation, you want us to stay all this?” – Justice Satish Chandra Sharma
Justice Sharma, hailing from Madhya Pradesh, expressed strong disapproval of repeated attempts by various parties to halt the disposal process. He emphasized that the High Court was already supervising the operation.
“For how many years we are fighting with that waste? It’s from my state... no, no, rejected! This particular case, list after vacations. Very sorry.” – Justice Sharma
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Despite concerns raised about the urgency of the issue, the bench remained firm. The judge noted that expert agencies are monitoring the incineration and that the process is being carried out responsibly.
Earlier in February 2025, the Supreme Court had also refused to interfere with the Madhya Pradesh High Court’s directions for waste disposal. However, it had granted liberty to the concerned parties to approach the High Court for further concerns.
Following this, the High Court instructed the state to begin the first trial run to dispose of 10 metric tonnes of toxic waste at the Pithampur site on February 27. In March, the state government submitted in court that the waste from the now-defunct Union Carbide Factory could be safely incinerated at a rate of 270 kg/hour under the supervision of the Central and State Pollution Control Boards.
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Background of the Case:
The issue dates back to 2004, when a Public Interest Litigation (PIL) was filed in the MP High Court over the government's inaction in clearing the hazardous waste at the Union Carbide site.
On December 3, 2024, the High Court described the continued presence of toxic waste as a “sorry state of affairs” and ordered immediate clean-up and safe disposal.
Subsequently, on January 6, 2025, the High Court also instructed media outlets not to spread fake news regarding the disposal at Pithampur.
Later, a petition was filed in the Supreme Court challenging the High Court’s order directing the transportation and disposal of 337 metric tonnes of chemical waste at the Pithampur facility.
Senior Advocate Devdatt Kamat highlighted the risks associated with the facility’s location, stating it is near Tarapura village, which has 105 houses located only 250 meters from the incineration site. He also noted the proximity of the Gambhir River and the potential environmental and health impacts in case of contamination.
Despite these concerns, the Supreme Court issued a notice but ultimately disposed of the petition, allowing the disposal process to proceed.
