Charging Stations For E-Vehicles In Housing Societies Will Help Reduce Air Pollution: Bombay High Court Asks State To Finalise Legal Framework

Observing that charging stations for electric vehicles within society premises will help reduce the menace of air pollution, the Bombay High Court recently ordered the Maharashtra government to finalise its policy with regard to installation of charging points/stations with the housing societies, at the earliest.

A division bench of Justices Girish Kulkarni and Advait Sethna while dealing with a petition filed by a businessman living in Mumbai's plush Pedder Road area, noted that despite multiple communications and representations made by him, his society was not permitting him to install a charging station in his society premises, for his electric car. 

"At the very outset, to our mind, issues raised in the petition are significant not only from the perspective of advancing technology in the automobile sector, but would equally touch upon the positive impact of such electric vehicles in reducing vehicular pollution. In our opinion the requirement of charging stations for electric vehicles in societies today which would help reduce the menace of air, vehicular pollution and the necessary legal framework in this regard, cannot be overlooked," the judges observed in the order passed on January 14 but made available on Friday. 

Notably, the bench was informed that the State's concerned department has come up with Draft Conditions for installing charging stations in societies for electric vehicles, which provide for certain Do's and Don'ts for individuals seeking permission for installing such charging points in the society. 

Taking note of the communications within various departments of the State and authorities like the Brihanmumbai Municipal Corporation (BMC), the judges observed, "The authorities are conscious of the modern daily needs to have such charging stations installed in societies for electric vehicles, the demand of which is on the rise. We are conscious of our jurisdiction conferred under Article 226 of the Constitution of India, 1950, which does not permit us to enter into the legislative domain of policymaking. However, the aspect of having a clean, non-polluted environment is an integral part of fundamental rights guaranteed under Article 21 of the Constitution of India, which too is vital and ought to weigh on the mind of the authorities in taking prospective measures in the mass adoption of the technological advancements."

The judges, therefore emphasised that these draft conditions need to be finalised in view of the Maharastra Cooperative Societies (MCS) Act which deals with issues concerning the proper management of affairs/business of a cooperative society.

"This would include finalising such terms & condition for installing charging stations in cooperative societies for electric vehicles. Once such mechanism is in place, the societies would be better equipped to grant permission to install charging stations, meant for electrical vehicles," the bench opined. 

The bench therefore, directed the competent/concerned authorities to finalise the draft conditions/rules for installation of charging stations to be installed in cooperative societies for charging electric vehicles, expeditiously and on priority for implementation. A further directive is issued to the concerned authorities under the MCS Act to take all necessary steps to circulate/communicate the finalised conditions/rules to all the concerned societies etc for amending their bye-laws. 

With these observations, the bench disposed of the petition. 

Appearance:

Advocate Harsh Sheth instructed by MDP Legal appeared for the Petitioner.

Additional Government Pleader Abhay Patki represented the State.

Advocates Ahuja Tirmali and Komal Punjabi represented the BMC.

Case Title: Amit Dholakia vs State of Maharashtra (Writ Petition 1580 of 2024)

Citation: 2025 LiveLaw (Bom) 42

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