Bombay HC Directs Pollution Control Board To Hear Merchants' Representation On Charcoal Use In Bakeries Before Issuing Show Cause Notices

The Bombay High Court has directed the Maharashtra Pollution Control Board (MPCB) to grant a Charcoal Merchants Association an opportunity to be heard regarding the show cause notice being issued to various bakeries for using charcoal. 

A division bench of Chief Justice Alok Aradhe and Justice M. S. Karnik asked the MPCB to hear the association before issuing any show-cause notices against the use of charcoal in bakeries. 

The Bombay Charcoal Merchants Association filed an Intervention Application in relation to a suo moto PIL on alarming levels of pollution in Mumbai and around Mumbai Metropolitan Region. The Court in 2023 had taken suo motu cognisance of the poor air quality in Mumbai, while hearing a PIL on the same issue.

On 9 January 2025, the High Court had directed the bakeries, bhattis, hotels and restaurants to stop using coal and wood within 6 months of the order. It had directed the bakery units to be converted to  CNG, gas or green fuels and asked concerned authorities such as the MPCB and the MCGM to issue appropriate directions. It was also directed that no new licenses to permissions to open bakeries using coal or wood ought to be granted.

Today during the hearing, the counsel for the Merchants Association submitted that the MPCB has been issuing notice to various bakeries against the use of charcoal. He argued that coal and charcoal are distinct and that charcoal is not a polluting industry. He stated that charcoal does not fall within the red category of industries but within the green category. 

The MPCB counsel said that it has been only issuing notices to bakeries using coal. However, the counsel for the association counsel argued that due to a misconception between coal and charcoal, notices were being issued to bakeries using charcoal as well. 

The Court then remarked that MPCB should hear the matter, noting that such aspects should be decided by an expert body. In response, MPCB said that it would hear the matter, come to a conclusion on the issue and place the decision before the Court. 

The Court thus asked the MPCB to hear the representation of the association/intervenors within 2 weeks and then decide if charcoal is on the list of approved fuels and does not cause any pollution.

Case title: The Bobmbay Charcoal Merchants Association Ltd vs. High Court Of Judicature At Bombay On Its Own Motion And Ors (IA/4114/2025)

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