Kiran Raj

The Bombay High Court has issued directives to state authorities to finalize and implement guidelines regarding the installation of electric vehicle (EV) charging stations within cooperative housing societies. The court disposed of a writ petition seeking amendments to cooperative society bye-laws to facilitate EV charging infrastructure, ruling that state authorities must frame and circulate appropriate conditions under the Maharashtra Cooperative Societies Act, 1960.

The court considered whether housing societies could refuse permission for the installation of EV charging stations despite government policies promoting electric mobility. It further examined the role of the state government and municipal bodies in facilitating charging infrastructure. After examining submissions from the petitioner and the state, the court directed the authorities to finalize the regulatory framework and ensure its implementation.

The petition was filed by Amit Dholakia, a resident of Bhagwati Bhuvan Cooperative Housing Society in Mumbai, after his request to install an EV charging station in his garage was denied by the society. The petitioner contended that the refusal violated his rights and sought intervention from the court, citing state and central government policies promoting electric mobility.

The petitioner sought a writ of mandamus directing the Registrar of Cooperative Societies and the State Government to amend the Model Bye-Laws under Section 14 and Section 79A of the Maharashtra Cooperative Societies Act, 1960, to include provisions for EV charging infrastructure. He also sought court intervention under Article 226 of the Constitution of India to frame guidelines for housing societies to facilitate such installations.

It was submitted that Maharashtra's Electric Vehicle Policy, 2021 (MEV Policy, 2021) failed to adequately address the need for private EV charging infrastructure within housing societies. The petitioner claimed that the refusal to grant permission without justifiable reasons deprived him of his property rights under Article 300A of the Constitution. He further argued that the denial amounted to an arbitrary restriction that was inconsistent with the government’s push for clean energy solutions.

The petition also sought directives for municipal authorities to modify the Development Control and Promotion Regulations, 2034 (DCPR 2034) to ensure the provision of EV charging infrastructure in housing societies. The petitioner argued that without such amendments, cooperative societies could continue to deny permission, hindering the adoption of electric vehicles.

The respondents, including the State of Maharashtra, the Registrar of Cooperative Societies, and the Municipal Corporation for Greater Mumbai, opposed the petition. They contended that adequate mechanisms were already in place to allow EV charging installations and that the petitioner had not exhausted the available remedies under the Maharashtra Cooperative Societies Act. The state also submitted that draft conditions had already been prepared to regulate EV charging installations, and that these would soon be implemented.

The division bench of Justice G. S. Kulkarni and Justice Advait M. Sethna observed that the issues raised in the petition were significant in light of technological advancements and environmental concerns. The court referenced the principle of sustainable development, citing Bombay Dyeing & Mfg. Co. Ltd. v. Bombay Environmental Action Group & Ors., stating that "the harmonization of environmental protection and development is central to sustainable progress."

The court recorded that the State of Maharashtra had already initiated steps to regulate EV charging installations in cooperative societies. The Additional Registrar (Housing), in a communication dated July 14, 2022, had issued draft conditions governing the approval process for installing EV charging stations. The state’s affidavit-in-reply outlined several requirements, including:

• A No-Objection Certificate (NOC) from the housing society must be granted if technical requirements are met.

• The installation must comply with Central Electricity Authority safety standards.

• The existing sanctioned electricity load of the premises must be sufficient for the installation.

The state government contended that these draft conditions addressed the concerns raised by the petitioner and that societies should follow established procedures for granting permissions in compliance with the guidelines. The government also argued that the petition was premature, as the regulatory framework was still under development and that the petitioner had not exhausted alternative remedies under Section 91 of the Maharashtra Cooperative Societies Act.

The court also referred to its own ruling in High Court of Judicature at Bombay on its Own Motion v. The State of Maharashtra & Ors., noting that vehicular pollution was a pressing issue requiring policy-level interventions. The court stated that "a thorough study must be conducted to assess the feasibility of restricting petrol and diesel vehicles in Mumbai while facilitating the use of electric vehicles through adequate infrastructure."

Additionally, the court cited M.C. Mehta v. Union of India and Ors., where the Supreme Court held that "public health concerns must take precedence over commercial considerations in the adoption of clean energy solutions." The court observed that the state had a duty to ensure that EV users had access to proper infrastructure and that bureaucratic delays did not impede sustainable development.

The Bombay High Court issued the following directives:

1. State authorities must finalize the draft conditions for the installation of EV charging stations in cooperative housing societies and ensure their implementation on a priority basis.

2. The Registrar of Cooperative Societies is to circulate the finalized conditions to all housing societies across Maharashtra.

3. The Registrar may consider issuing directions under Section 79A of the Maharashtra Cooperative Societies Act to amend cooperative society bye-laws in line with the finalized guidelines.

4. The writ petition was disposed of with no costs.

The court observed that cooperative societies should align with the state’s electric mobility policies and ensure that their internal rules did not contradict regulatory frameworks promoting clean energy. It also noted that once the finalized guidelines were circulated, societies would be expected to provide permissions in accordance with the prescribed standards.

Case Title: Amit Dholakia v. The State of Maharashtra & Others
Case Number: Writ Petition No. 1580 of 2024
Bench: Justice G. S. Kulkarni and Justice Advait M. Sethna

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