Mumbai: The Bombay High Court on Monday directed the Maharashtra Pollution Control Board (MPCB) to hear bakeries and decide whether “charcoal” was an “approved fuel that does not cause pollution”.
The court passed the order while hearing an intervention application filed by Bombay Charcoal Merchants Association (BCMA). The plea contends that the Brihanmumbai Municipal Corporation (BMC) has failed to distinguish between coal and charcoal and is issuing notices to its members asking them to switch to greener fuel.
The BMC has issued notices to several bakeries and hotels pursuant to HC order of January 9 asking the civic body to ensure bakeries running on wood or coal convert to green fuel within six months, or face closure.
Their counsel Kevic Setalvad submitted that charcoal was on the list of approved fuels and was not the same as coal. He added there is a general misconception that coal and charcoal are the same. “Charcoal is not a polluting fuel and instead falls under green category fuel, is carbon neutral and no fly ash comes out of charcoal burning,” Setalvad submitted. Because of the notices by the BMC, several people are changing fuel, thereby reducing the customer base of charcoal suppliers.
He further submitted that charcoal is included in the standard list of approved fuels by the Delhi Pollution Control Committee (DPCC), which has conducted studies showing that it does not contribute significantly to pollution.
MPCB lawyers — senior advocate Ashutosh Kumbhakoni and Jyoti Chavan — said they the board was taking steps in compliance with the HC orders directing conversions of bakeries using wood and coal. He emphasised that the notices specified “coal” and not “charcoal”.
A bench of Chief Justice Alok Aradhe and Justice MS Karnik said they these aspects can be decided by an expert body. “MPCB has to clarify and the association has to satisfy it that the charcoal is not polluting,” the bench remarked.
It added: “In view of directions passed in January 9 order, we deem it appropriate to direct MPCB to give opportunity of hearing to the association, a proposed intervener, before proceeding further with show cause notices issued to its members.”
The court has asked BCMA to file a representation to MPCB within two weeks. “MPCB shall give a hearing and take a decision whether charcoal is in the list of approved fuels and does not cause any pollution,” the bench said in its order.
The bench had also allowed an intervention application by NGO Vanashakti to participate in the hearings. MPCB has been directed to submit its report on the hearing and decision within six weeks. The court has also asked State and MPCB to file compliance report by the next date of hearing on April 21, when it will hear the suo motu Public Interest Litigation (PIL) on the issue.
The Association in its intervention plea claimed that “their livelihood was getting distorted and seriously prejudiced,” and their rights guaranteed under Section 21 of the Constitution were being infringed upon.
It said while directions were intended to be issued by authorities only in respect of bakeries using ‘Bhatti’ without obtaining valid licenses, the restaurants having valid licenses were getting affected due to authorities’ actions.
