Madhya Pradesh High Court directs State to consider relocating toxic waste containment site from habitable zone

On July 31, the Madhya Pradesh High Court directed the State Government to urgently examine the feasibility of shifting the containment site for toxic residue—originating from the Union Carbide India Ltd. (UCIL) premises—to a location in the least seismic zone and away from populated areas. The Court emphasized that such a move is essential to prevent potential environmental and health hazards in the event of accidental leakage or leaching of toxic materials.

The Division Bench comprising Justice Atul Sreedharan and Justice Anuradha Shukla issued the directive while hearing a long-standing public interest litigation (PIL) originally filed in 2004. The PIL pertains to the government’s inaction in cleaning up the area surrounding the Union Carbide site, the epicenter of the 1984 Bhopal Gas Tragedy.

The Court noted:

“As it is undisputed that the residue from the incineration process is also toxic and needs to be contained for almost 30-40 years, this Court directs the State to expeditiously examine the issue of shifting the containment site from habitation to a place, anywhere in the State, which is in least seismic zone and far away from habitation so that even if there is an accidental leaking/leaching of the residue into the groundwater sources, human, animal life and the environment are not affected adversely.”

During earlier hearings, the Court had constituted an Expert Committee and summoned officials from the Central Pollution Control Board (CPCB), CSIR–National Environmental Engineering Research Institute (NEERI), and the Madhya Pradesh Pollution Control Board (MPPCB). These experts confirmed that the ash—resulting from the incineration of hazardous waste—is itself toxic and cannot be left exposed to the environment. They further informed the Court of plans to develop an underground, state-of-the-art containment facility for long-term storage.

However, the Bench raised concerns over the current location of the containment site, citing contradictory reports regarding its proximity to human settlements—500 meters according to experts, and just 50 meters as claimed by the petitioners.

In a previous hearing on March 27, the State Government submitted that the toxic waste could be completely incinerated at the Pithampur facility within 72 days, operating at a disposal rate of 270 kilograms per hour. An affidavit had also been filed highlighting the successful trial runs for incinerating 30 metric tons of waste, under the joint supervision of the CPCB and MPPCB.

The Court has scheduled the next hearing for August 14, 2025, and directed the State to act promptly in evaluating alternative sites for containment to ensure long-term environmental and public safety.