State Still In State Of Inertia Despite 40 Years Of Bhopal Gas Tragedy: Madhya Pradesh HC Orders Swift Removal Of Toxic Waste Material From Site

The Madhya Pradesh High Court has called out the "sorry state of affairs" of Government in failure to clean up toxic waste from the Union Carbide Factory despite forty years of the tragic incident.

The Court was considering a Writ Petition in this regard.

The division-bench of Justice Suresh Kumar Kait and Justice Vivek Jain observed, "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/material. They are still in state of inertia despite 40 years from the date of gas tragedy. Though plan has been sanctioned, contract has been awarded, but still the authorities are in inertia that may lead to another tragedy to take shape before acting further."

The Petitioner was represented by Senior Advocate Naman Nagrath while the Respondent was represented by Deputy Solicitor General Pushpendra Yadav.

The Court at the outset took note of the fact that some steps have been taken but it pointed out that they are minimal and cannot be appreciated for the reasons that the present petition is of the year 2004 and almost 20 years have elapsed but the respondents are at first stage.

"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 ground water, are of paramount requirement for safety of general public of Bhopal city. Incidentally, the MIC gas disaster at Bhopal took place this very date, exactly 40 years ago," the Court remarked.

The Court thus directed the Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department to perform its statutory obligations and duties under the Environmental Laws of this country and further directed 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.

It also direcetd the concerned parties to sit together and make a plan accordingly and warned of contempt proceedings on delay.

"...we hereby direct the respondents/State Government and the concerned authorities to sit together and 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 this Court, the Principal Secretary of the Department shall be prosecuted under the Contempt of Courts Act. Further, the steps for removal of toxic waste/material shall be taken and sent to the place assigned within four weeks from today failing which the Chief Secretary of the State Government of M.P. and the Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department shall be personally present before this Court to explain as to why various orders passed by this court have not been complied with. 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 M.P. shall indicate on the next date of hearing so that this Court may take strict action against the said authority," the Court observed.

The Petition was accordingly disposed off.

Cause Title: Alok Pratap Singh (Deceased) in Rem vs. Union of India and Others

Appearances:

Petitioner- Senior Advocate Naman Nagrath 

Respondent- Deputy Solicitor General Pushpendra Yadav, Advocate S.K. Shukla, Additional Advocate General H.S. Ruprah, Government Advocate of State Dr. S.S.

Chouhan, Advocate Ashish Shroti, Senior Advocate Ravindra Shrivastava and Senior Advocate Kishore Shrivasava with Advocate Shiraz Patodia, Advocate Ashish Singh, Advocate Divya Shrma, Advocate Juhi Chawla, Advocate Kunal Thakre, Advocate S.K. Verma, Advocate Shakshi Pawar, Advocate Shreyas Dharmadhikar, Advocate Shreyas Dharmadhikari, Senior Advocate Shri Avininder Singh with Advocate Teerthesh Bharilya, Advocate Akshay Pawar, Advocate N. D. Jayprakash

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