Bhopal: The Madhya Pradesh High Court has deferred the hearing on a petition challenging the state govt’s decision to incinerate Union Carbide's hazardous waste in Pithampur.
The matter will now be heard after six weeks on February 18. During the hearing, the government filed an affidavit and sought additional time to dispose of the waste, along with permission to unload the toxic material currently stored in containers.
On Monday, a division bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain heard arguments from both sides before scheduling the next hearing.
The petition was originally filed by the MGM Alumni Association, Indore, in the Indore bench of the High Court, but the case has since been transferred to the Jabalpur bench.
According to information, the government argued that storing the waste in containers is not a viable solution and requested directives to ensure the safe disposal of the hazardous material.
The High Court granted the government permission to carefully unload the containers while adhering to prior guidelines and safety protocols.
Advocate Abhinav Dhanotkar, representing the petitioner, argued that the government took this unilateral decision without consulting the residents of Indore and Pithampur.
He highlighted the potential risks posed by the hazardous waste, given that Pithampur is only 30 kilometers away from Indore. The 337 metric tons of toxic waste, if stored in Pithampur, could pose significant health risks to the populations of both cities.
Meanwhile, Madhya Pradesh Chief Minister Mohan Yadav addressed concerns over the transfer of hazardous waste from the Union Carbide factory in Bhopal to Pithampur for disposal.
The Chief Minister clarified that the transfer was carried out as per orders from the Supreme Court, emphasising that Pithampur is the only facility equipped to handle such chemical waste.
The Chief Minister added that the court has given additional time of six weeks, and if anyone has further concerns regarding the government's proposal to dispose waste at the Pithampur plant, they can submit their feedback in writing during this period.
Continuing, CM Yadav said:
"The Supreme Court has accepted that one step of their order has been completed. The court said that it agrees with us that further decisions should be taken after considering all the groups."
CM's response came after the Madhya Pradesh High Court heard a petition challenging the decision to incinerate the hazardous waste in Pithampur. The petitioners argued that the decision was taken unilaterally without consulting residents of Indore and Pithampur, raising concerns about potential health and environmental risks.
During the High Court proceedings, both sides presented their arguments before the division bench, which deferred the next hearing by six weeks. The court has directed all parties to make their submissions during this period.
Meanwhile, Chief Secretary to MP Govt. Anurag Jain has said that the chemical waste of the Union Carbide was shifted from the factory site, but the government will seek time for its disposal.
Jain said that the waste will be burnt only after allaying those doubts and after solving the problems that may come up in the process. Because there are certain misgivings among people about the waste, the government will take any further steps only after dispelling those doubts and it will be done under the court’s guidance, he said.
According to the court directives, the waste cannot be disposed of in an isolated place, he said. The Supreme Court directed the government to do trial-run for burning the waste, which was successful in Pithampur, Jain said.
A scientific study has proved that there is no hazardous substance in the waste which, if needed, may be examined again, he said.
Jain said that the waste had been examined before being shifted to the site and that the institutions, like AIIMS and the Central Pollution Control Board (CPCB), conducted the tests which show any hazardous material.
During the disposal of the waste, the quality of air will also be examined, and the gases emanating from the waste at the time of its burning will also be measured, he said. If there are any problems, the government will act for the public welfare, he said.
Jain said what would happen to the UC factory premises was not yet decided. The chemical waste of the factory was removed after a court order.
"It was previously decided that a memorial would be constructed, but no decision was taken on the issue", he said.
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