The State of Maharashtra has filed an intervention application in the ongoing dispute pending before the High Court of Madhya Pradesh, on the issue of transportation and disposal of radioactive Bhopal gas tragedy waste. The radioactive waste was to be transported from Bhopal to Nagpur for disposal at the DRDO facility.
The Madhya Pradesh High Court had on July 12 directed the state government to initiate the process of disposal of 350 metric tons of toxic waste lying at the Union Carbide factory at Bhopal.
A division bench of the Madhya Pradesh High Court comprising of Justice Sushil Harkauli and Justice UC Maheshwari directed the state government to initiate and complete the process for packaging of the toxic waste and transporting the same to the DRDO facility. The bench passed its interim order in a PIL filed by one Alok Pratap Singh.
Later a division bench of Justice Bhushan Dharmadhikari and Justice Pramod Kode, at the Nagpur Bench of the Bombay High Court directed the state government and other authorities not to allow transportation of the waste without valid documentation. The court however disposed of the PIL with the liberty to petitioners in the case to pursue remedy before the Madhya Pradesh High Court hearing the same issue.
The Nagpur bench direction would subsist till July 28 when the matter is scheduled to be heard by a division bench of the Madhya Pradesh High Court at its principal bench at Jabalpur. The Bombay High Court had asked parties in the case to approach the Madhya Pradesh High Court within July 28 when the matter is listed for next hearing.
In an earlier instance too the Madhya Pradesh High Court had issued such direction for shifting 350 M.T. toxic waste from Bhopal to Ankaleshwar at Gujarat for burning of the waste. The Gujarat government had then moved the Supreme Court. On 28 January 2010, the then Chief Justice KG Balakrishnan, Justice JM Panchal and Justice Dr. BS Chauhan had directed that a monitoring mechanism for the said purpose be implemented after consultation amongst all the concerned parties.
The two grounds that have been highlighted by the State of Maharashtra is that the “No objection certificate” required for transportation of hazardous material has not been obtained and that incinerator facility is already available in the state of Madhya Pradesh at Pitahampur and thus, the waste need not be transported outside the state.
The application of the State of Maharashtra will come up with the main petition on July 28.
Read coverage from Jabalpur on the issue at http://www.lawetalnews.com/NewsDetail.asp?newsid=4316
Read coverage from Nagpur on the issue at http://www.lawetalnews.com/NewsDetail.asp?newsid=4377
Source: Law et al News