The Supreme Court on Thursday in its order refused to entertain the plea challenging the Madhya Pradesh High Court's order of transportation, planned disposal of the 358 metric tons toxic waste of Bhopal's defunct Union Carbide plant at a treatment-storage-disposal-facility (TSDF) in western Madhya Pradesh's industrial town Pithampur.
The apex court's division judge refused to stay the MP HC order, after hearing the plea filed by Indore-based Gandhian activist, Chinmay Mishra.
A two-judge bench of the apex court, led by Justice B R Gavai and Justice Augustine George Masih also refused to stay Thursday's trial run of disposal of the waste from the Union Carbide India Ltd plant.
Earlier the HC had directed for a trial run of disposing 30 metric tons of the Union Carbide's toxic waste was slated for Thursday.
While terming the petitioner's move to the SC -- in challenging the HC order -- as indulging in the ‘NIMBY’ (Not in my backyard) principle, the apex court said, “You (Chinmay Mishra) seem to be following the NIMBY principle, that is, not in my backyard. You are saying if they want to pollute, they may do it somewhere else, but not in my backyard. Not in Indore."
The top court refused to stay the MP HC order, after noting the report of experts from NEERI, NGRI and CPCB, as these independent bodies have given their views on the issues, which were considered by the high court as well as the expert panel.
The petitioners have moved the Supreme Court opposing the HC's order of transportation and disposal of 337 metric tons of Bhopal gas tragedy toxic waste at a Pithampur facility in Madhya Pradesh.
The bench, while granting some liberty, asked the aggrieved parties, including civil society members, to approach the high court which is seized of the matter. It said the petitioner and intervenors could also give their suggestions to the State government, which would place them before the expert committee for further consideration.
Senior lawyer Devadatt Kamat, appearing for Mishra, opposed the HC order and said, as per certain reports, the safe transit and destruction were not being followed by the State government.
Senior advocate Anand Grover, echoing on similar voices, while appearing for intervenors who represented civil society working with Bhopal gas tragedy victims, said there were better ways of disposal of the toxic waste than incineration.
Earlier on February 18, the Supreme Court had asked the authorities -- Madhya Pradesh government and State Pollution Control Board -- to inform it about the precautions taken for disposal of hazardous waste of the 1984 Bhopal gas tragedy in the Pithampur area of state's Dhar district.
As per HC order, the hazardous waste of around 337 tonnes of the now defunct Union Carbide factory was to be shifted to Pithampur which is 250 km away from Bhopal and around 30 km from Indore.
It is significant to note that the Madhya Pradesh HC in December last year reprimanded authorities for not clearing the Union Carbide site and thereby directing them to shift the waste within a four-week deadline to do so.
The infamous Bhopal gas tragedy -- touted to be world's worst industrial disaster --had claimed more than 3,000 people. It also affected five lakh people directly or indirectly. A deadly gas leaked from the Union Carbide India Limited pesticide plant on the intervening night of December 2 and 3 on 1984, leading to this disaster.
