Bombay HC refuses to grant one-year extension to bakeries to convert to green fuel sources

While hearing PILs, including a suo motu PIL initiated by the court, raising concerns of ‘alarming’ air pollution levels in Mumbai and surrounding areas, a special bench of the high court on January 9 directed the authorities to ensure conversion within six months. Last month, another bench of HC passed an interim order directing the Brihanmumbai Municipal Corporation (BMC) not to act on its notice to the bakeries until the next hearing on July 28.

The applicants—through senior advocate Venkatesh Dhond—submitted that there are nearly 750 such bakeries in the city and they have long and rich cultural history, dating back beyond a century and their business provided dignified employment to thousands of unskilled and semi-skilled labourers. The applicants further argued that the implication of the HC directive of January, this year would have “far reaching effect and would cause hardship to the public at large.”

The owner of one of the bakeries said that transitioning to piped natural gas (PNG) ovens would require complete demolition of wood-fired ovens and the complex and time-consuming process will entail shutdown of the oven till conversion is underway. The owners also said that they were committed to transition as soon as PNG supply became available, for which they are making a bona fide endeavour and would cooperate with the authorities.

Dhond further argued that applicants required to demolish existing structures and invest huge amounts for conversion, which would require incentive to the industry and more time to switch.

However, senior advocate Darius Khambata, appointed as amicus curiae to assist the court in the suo motu PIL, opposed the plea, stating that applicants did not have fundamental the right to carry on business through a polluting establishment and the right to clean environment of citizens recognised in Article 21 of the Constitution must prevail over individual rights of applicants, despite hardship caused to them.

The bench noted that the applicants did not take any step after the high court granted extension of timeline last month. It added that the applicants nowhere stated that use of conventional fuel would not lead to air pollution, instead there are serious implications of such a use.

“The risk of potential harm to human health would definitely tilt the balance in favor of the larger public interest. It would take precedence over unemployment, business prospects and other factors of similar nature,” the HC recorded.

The HC observed that the interim application and attached documents “lacked material facts” and there was “no justifiable reason to extend the timeline.”

Nasir Ansari, president of the Bombay Bakers Association, said bakeries need more time to comply with the high court order. “About 20–30 per cent of bakeries have already transitioned and many more are in the process, but around 300 are yet to get electrical ovens,” he said, pointing to a demand–supply gap. “There are very few vendors who provide electrical ovens for bakeries and the demand is very high right now, which is why we need more time.”

He added that the association will meet BMC officials on Sunday and is also reaching out to MLAs to seek extension for a few months.