The Madhya Pradesh High Court has ordered the state government to take immediate action to dispose of the toxic waste at the abandoned Union Carbide factory in Bhopal.

The court expressed concern that, even 40 years after the gas disaster, authorities remain in a "state of inertia," which could lead to "another tragedy."

Terming the situation a "sorry state of affairs," the high court directed the government to remove and transport the hazardous waste within four weeks. If this deadline is not met, the government could face contempt proceedings.

The 1984 disaster, caused by a leak of highly toxic methyl isocyanate (MIC) gas from the factory, resulted in the deaths of 5,479 people and left over five lakh others injured.

Yesterday, a division bench comprising HC Chief Justice SK Kait and Justice Vivek Jain said, "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 and material."

"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 groundwater, are of paramount requirement for safety of general public of Bhopal city," it said.

Incidentally, the MIC gas disaster at Bhopal took place on this very date (December 2), exactly 40 years ago, it said.

"They are still in a state of inertia despite 40 years from the date of the gas tragedy. Though the plan has been sanctioned, a contract has been awarded, but still the authorities are in inertia that may lead to another tragedy to take shape before acting further," the division bench observed.

The court instructed the authorities to ensure all necessary safety measures are followed during the transportation and disposal of the toxic waste/material. It emphasized that the waste must be transported to the designated location within four weeks. If this deadline is not met, the Madhya Pradesh Chief Secretary and the Principal Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department will be required to personally appear before the court to explain why the court's orders have not been implemented.

Furthermore, the court directed the Principal Secretary of the Bhopal Gas Tragedy Relief and Rehabilitation Department to fulfill their statutory duties and obligations under the country’s environmental laws.

"We further direct 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," the bench said.

"It is not in dispute that the contract for this purpose is dated 23rd September, 2021. The money has already been paid on 04.03.2024. The plan produced by the Counsel for State Government is dated 20.03.2024. As per the said plan, the minimum period has been shown as 185 days and maximum 377 days," the bench said.

"The learned counsel appearing for the Central Government submits that they have already paid their share to the State Government, however, the State Government has not spent that amount. Whereas the learned Additional Advocate General appearing for State submits that they have already received ₹ 126 crore and contract awarded and the contractor has already been paid 20% of the aforesaid amount. However, till date the contractor concerned has not taken any steps," the bench said.

The high court then directed the respondents, including the state government and relevant authorities, to collaborate and ensure that any necessary permissions or formalities are completed within one week. The court further stated that if any department fails to comply with its order, the Principal Secretary of that department will be prosecuted under the Contempt of Courts Act.

"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 MP shall indicate on the next date of hearing so that this Court may take strict action against the said authority", the court said.

The court then listed the matter for hearing on January 6, 2025.