The Bombay High Court has instructed the Maharashtra Pollution Control Board (MPCB) to determine whether charcoal is a non-polluting fuel suitable for use in bakeries, following a plea challenging civic notices mandating the shift to green fuels. The court’s decision came amid claims by the Bombay Charcoal Merchants Association (BCMA) that local authorities had misinterpreted an earlier directive aimed at reducing pollution from wood and coal in cooking establishments.
During the proceedings, the BCMA, represented by senior counsel Kevic Setalvad, argued that charcoal should not be classified alongside other polluting fuels like wood and coal. “Charcoal is not polluting as it does not contain sulphur content, unlike coal. This differentiation is often misunderstood,” Setalvad emphasized.
Responding on behalf of the MPCB, senior advocate Ashutosh Kumbhakoni acknowledged that the earlier court order specifically targeted establishments using wood and coal, not charcoal. He noted that the notices issued did not explicitly include charcoal, highlighting a potential oversight in the enforcement of the court’s January order.
The division bench, comprising Chief Justice Alok Aradhe and Justice Makarand S Karnik, recommended that the matter be evaluated by MPCB experts. “The MPCB can hear you. They are the expert body. They have to be satisfied whether something is polluting or not. It is a scientific exercise,” the bench stated.
The court directed the BCMA to present their case to the MPCB within two weeks, and the pollution control board has been given four weeks to make a decision following the hearing. “The MPCB shall grant the association a hearing and then decide whether charcoal is in the list of approved fuels and does not cause any pollution,” the judges ordered.
