The Supreme Court on Thursday (February 27, 2025) declined to interfere with the Madhya Pradesh High Court’s decision to proceed with the transportation and disposal of 337 metric tons of hazardous waste from the Bhopal gas tragedy site to a Pithampur facility. The ruling has sparked concerns among local residents and civil rights organizations, who argue that the incineration process may not fully eliminate the toxic elements.
Supreme Court Dismisses Opposition, Labels It ‘NIMBY’ Mindset
A Bench led by Justice B.R. Gavai rejected pleas from the people of Pithampur and activist groups, stating that their opposition was driven by the “NIMBY” (Not In My Backyard) principle. Justice Gavai remarked:
“You are saying if they want to pollute, they may do it somewhere else, but not in my backyard. Not in Indore.”
The court noted that the disposal plan was formulated based on expert recommendations, including reports from:
- National Environmental Engineering Research Institute (NEERI)
- National Geophysical Research Institute (NGRI)
- Central Pollution Control Board (CPCB)
These bodies had approved the Pithampur incineration plan, ensuring its feasibility.
Concerns Raised Over Process and Transparency
Despite the expert approvals, civil society groups and local representatives voiced concerns about the process:
- Senior Advocate Anand Grover argued that incineration might not completely eliminate the toxic elements.
- Advocate Jayasree Narasimhan pointed out that local bodies were not consulted before the decision was made.
- Petitioner Chinmay Mishra’s counsel, Senior Advocate Devadatt Kamat, alleged that the State government was not fully adhering to safety protocols during transit and disposal.
Supreme Court’s Response: Take Grievances to High Court
The apex court directed the petitioners to approach the Madhya Pradesh High Court, which continues to monitor the case. It also suggested that they submit their concerns to the State government for consideration by the expert committee.
Meanwhile, the Madhya Pradesh government sought clearance for its trial run—the transport and disposal of 10 metric tons of waste in Pithampur on February 27.
Justice Gavai responded:
“Our order is in effect from the moment it is pronounced in open court.”
With the Supreme Court stepping back, the fate of the hazardous waste disposal now rests with the Madhya Pradesh government and the High Court’s ongoing supervision.
