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The uncertainty over the fate of the toxic waste has been prevailing for more than two decades. The waste is allegedly causing air, soil and water pollution as it is lying at the plant of the Union Carbide India Ltd (now Dow Chemicals) for the last 24 years.
A bench headed by Chief Justice K G Balakrishnan asked the Ministry of Chemicals and Fertilisers to decide the issue with the other two states and inform the court about the final decision on February 20, the next date of hearing.
The Union Carbide plant at Bhopal is the site of one of the largest industrial disasters (Bhopal gas tragedy) in the world. More than 17,000 people had died due to release of 42 tonnes of toxic methyle isocyanate on December 3, 1984.
The issue has reached the apex court in an appeal filed by the Gujarat government challenging the Madhya Pradesh High Court's order that cleared the transportation of several tonnes of toxic waste from Bhopal plant to Ankleshwar in Gujarat by the end of January 2009.
The High Court while setting aside objections raised by the Gujarat government and the Gujarat Pollution Control Board (GPCB) had directed the authorities to carry the toxic waste to Ankleshwar for disposal in the incinerator of Bharuch Eviro Infrastructure Ltd.
The order of the High Court, which had also threatened to initiate contempt proceedings against those who objected to disposal of the toxic waste at Ankleshwar, had come on a petition by a social activist seeking direction for safe disposal of the waste.
The Gujarat government had objected to the disposal of the waste at Ankleshwar citing opposition from local social activists. Gujarat counsel Ashok Desai argued that the transportation of such a huge quantity of toxic waste and its disposal in the incinerator might expose the people to hazardous toxic gases.
Instead of transporting the waste over a long distance up to Ankleshwar in south Gujarat, the toxic waste could be disposed at a newly-developed site in MP itself, he said, adding the incinerator set up near Indore in MP would be operational in February 2009.
Drawing attention to the massive exposure of residents near the Union Carbide plant to toxic dust during the packaging of the waste in June 2005, the activists had expressed apprehension that the Bhopal residents and those on the route of the trucks carrying the waste would once again suffer health hazards.
However, the central government informed the apex court bench that there was no objection from the government or the Central Pollution Control Board for disposing of the toxic waste in Ankaleshwar.
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