Madhya Pradesh HC directs govt to relocate toxic ash from Union Carbide

BHOPAL: Unsatisfied with steps taken by the state government for containment of the residual ash generated from incineration of toxic waste of Union Carbide factory site, the Madhya Pradesh government has directed the government to relocate the ash to a place which is far away from human habitation, vegetation and water sources. A division bench of the HC, comprising Justices Atul Sreedharan and Pradeep Mittal directed the state government to file a report citing alternate sites for containment of the ash (instead of presently planned containment site which is just 500 meters from human habitation in Dhar district). The HC further asked the government to inform the court, whether a global tender has been floated to get the best technical expertise of companies/agencies, executing a work of this nature and having dealt with similar cases of containment of toxic chemical waste. Importantly, this is the second time in over two months that the MP HC has directed the state government to relocate the 899 tonnes of ash (generated from the 55-day incineration of the 358 tonnes of toxic waste at the treatment-storage-disposal facility in Pithampur-Dhar) to a site without human habitation. Before its Wednesday order, the HC had also issued similar directions on July 31 . Earlier also, this Court had voiced its apprehension of containing the residual waste proximate to human habitation, as the residual waste is still toxic in nature and if not contained properly, and God forbid, if the containment structure itself is breached collapses on account of a natural disaster like an earthquake, then it would be another disaster in the waiting. This Court had directed the state to examine alternate sites for containment of the toxic ash. In this regard, the State may examine the alternate sites given in one of the intervention applications and consider the feasibility of moving the toxic ash to such places which are far away from human habitation, vegetation and water source, so that even in the event of the containment collapsing, its ill effects are nil to minimal. While mentioning about another intervention application filed in the matter, the HC stated in its Wednesday order, The concerned application discloses that the tests that have been conducted on the toxic ash, still reveal the presence of mercury, which is higher than the permissible limits as disclosed in the Madhya Pradesh Pollution Control Boards Report of August 12, 2025. In support of the structure envisaged for the containment of the toxic ash, the state has made an animated video presentation to contend that the containment structure (barely 500 meters from human habitation) is a state-of-the-art structure employing most modern safety measures. However, it doesnt satisfy the court. In times when new roads are washed away in rains and bridges collapse and worse still, when railway overbridges are constructed with a right-angle turn, reducing this state to a laughingstock nationwide, reposing unflinching faith in the engineering prowess of the state may be an invitation to disaster. The anxiety of this court should not be misconstrued as mocking the state but far from it, the caution being exercised by the court is the result of being once bitten, twice shy. The Union Carbide India Limited factory at Bhopal was safe, till disaster struck in December 1984. Thus, when it comes to the issue of containing the toxic ash, perhaps till Kingdom Come, no amount of caution is in excess. The HC will next hear the matter on November 20. Importantly, the entire 358 tonnes of toxic waste lying at the worst industrial tragedy-struck defunct Union Carbide plant in Bhopal was relocate safely after 40 years on the HCs order on January 1-2, 2025 to the TSDF in Pithampur industrial town of western MPs Dhar district. Based on the HCs directions, the waste was incinerated at the same TSDF in 55 days in May-June, consequently generating 899 tonnes ash, which is planned to be safely disposed in secured landfill/containment structure, close to the TSDF where the waste was burnt.