The Bombay High Court has recently addressed the issue of air pollution in Mumbai, focusing on the use of charcoal in bakeries and eateries. In January 2025, the court directed that establishments such as bakeries, bhattis, hotels, and restaurants cease using coal and wood as fuel within six months, advocating a transition to cleaner alternatives like CNG, gas, or other green fuels. The Maharashtra Pollution Control Board (MPCB) and the Brihanmumbai Municipal Corporation (BMC) were tasked with implementing these directives, including halting the issuance of new licenses for bakeries intending to use coal or wood as fuel.
In response to these developments, the Bombay Charcoal Merchants Association (BCMA) filed an intervention application, highlighting a critical distinction between coal and charcoal. They contended that charcoal, unlike coal, is categorized under the 'green' category of industries, implying a lesser environmental impact. The BCMA emphasized that charcoal is not a significant pollutant and should not be subjected to the same restrictions as coal. They also pointed out that in Delhi, despite severe pollution levels, the use of charcoal in tandoors and grills remains permitted, referencing an April 2023 notification by the Delhi Pollution Control Committee that lists charcoal as an approved fuel for such purposes.
The BCMA raised concerns about the economic ramifications of the ban on charcoal usage, arguing that such a prohibition would adversely affect the entire value chain of the charcoal industry, impacting the livelihoods of numerous traders in Mumbai. They appealed to the Indian Hotel and Restaurant Association (AHAR), which represents approximately 8,000 members in Mumbai, urging them to delay converting their charcoal-based cooking equipment to electric alternatives. The BCMA cautioned that premature conversions could undermine their ongoing case and diminish the demand for charcoal, further harming traders' interests.
During a recent hearing, the BCMA's counsel argued that due to misconceptions between coal and charcoal, the MPCB had been issuing notices to bakeries using charcoal, despite the court's directives primarily targeting coal usage. The MPCB clarified that their notices were intended for coal users; however, the court acknowledged the need for expert evaluation on this matter. Consequently, the court directed the MPCB to hear the BCMA's representation within two weeks and determine whether charcoal usage contributes significantly to pollution.
This judicial intervention underscores the broader challenges Mumbai faces concerning air quality. Surveys have identified various sources contributing to the city's pollution, including the burning of wood in bakeries and crematoria. For instance, a survey by the MPCB revealed that a significant percentage of bakeries rely on firewood for their ovens, operating extensively and consuming substantial quantities of wood daily. Such practices have been identified as major contributors to pollutants like carbon monoxide and particulate matter.
The Bombay High Court has expressed concern over the recurring issue of air pollution, especially post-Diwali, and has emphasized the necessity for proactive measures. The court has suggested prohibiting the use of wood and charcoal in bakeries and promoting the adoption of CNG and electric vehicles to mitigate pollution levels. It has criticized the lack of proactive measures by authorities and called for immediate solutions to address the city's deteriorating air quality.
In summary, the Bombay High Court's recent directives aim to tackle Mumbai's air pollution by scrutinizing fuel usage in bakeries and promoting cleaner alternatives. The distinction between coal and charcoal has become a focal point in this discourse, with stakeholders like the BCMA advocating for nuanced policies that consider both environmental impact and economic livelihoods. The court's insistence on expert evaluations and stakeholder consultations reflects a comprehensive approach to formulating effective and equitable environmental policies.
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