HC questions fresh objections to charcoal phase-out, backs MPCB’s clean fuel push

MUMBAI: Observing that efforts to curb air pollution would fail without the cooperation of all stakeholders, the Bombay High Court on Monday declined to consider fresh objections raised by the Bombay Charcoal Merchants Association (BCMA) against the Maharashtra Pollution Control Board’s (MPCB) decision to phase out the use of charcoal in bhattis, bakeries and restaurants across Mumbai

MUMBAI: Observing that efforts to curb air pollution would fail without the cooperation of all stakeholders, the Bombay High Court on Monday declined to consider fresh objections raised by the Bombay Charcoal Merchants Association (BCMA) against the Maharashtra Pollution Control Board’s (MPCB) decision to phase out the use of charcoal in bhattis, bakeries and restaurants across Mumbai.

A division bench of justices AS Gadkari and Kamal Khata was not inclined to entertain the fresh objections after senior advocate Ashutosh Kumbhakoni, appearing for the MPCB, submitted that the issue had already been examined. He pointed out that charcoal combustion emits carbon monoxide and black carbon and, therefore, cannot continue to be treated as a cleaner fuel source.

The dispute stems from an interim application filed by the BCMA seeking clarification of the high court’s January 2025 order directing bakeries, hotels and restaurants using wood-, coal- and charcoal-fired bhattis and tandoors to switch to cleaner fuels within a stipulated period. The association argued that charcoal is not a polluting fuel and added that it figures in the list of approved fuels maintained by the Delhi Pollution Control Committee.

Pursuant to the court’s directions, the MPCB held a public hearing on May 13, 2025, with hotel associations, environmental groups and regulatory officials before deciding to phase out charcoal-fired tandoors in restaurants, bakeries and hotels. It subsequently issued notices to several establishments directing them to comply with the transition.

During the public hearing, the MPCB’s member secretary said charcoal continues to be widely used by restaurants, dhabas and other establishments in the unorganised sector. The Board also noted the possibility of unknown fuels being mixed with charcoal, with no mechanism currently in place to monitor or verify such practices. It further stated that it does not have empirical data or a dedicated study on the pollution load caused by charcoal.

After considering the submissions, the MPCB decided to phase out charcoal as a fuel for furnaces, bhattis and tandoors used by restaurants in a time-bound manner.

The BCMA had challenged notices issued by the Brihanmumbai Municipal Corporation (BMC) in January 2025 directing bakeries, hotels and similar commercial establishments to immediately begin shifting to cleaner fuels and discontinue the use of wood, coal and other conventional fuels by July 8, 2025. The association maintained that “charcoal does not contribute significantly to pollution” and argued that the restrictions would cause irreparable loss to merchants supplying charcoal to the hotel industry for several years.

During Monday’s hearing, advocates Prerak Choudhary and Anisha Balse, appearing for the BCMA, argued that while restaurant owners were given an opportunity to make representations before the MPCB, charcoal merchants were not. They sought the court’s permission to file an affidavit placing their report on record.

The bench, however, observed that once the state had concluded that charcoal contributes to pollution, those findings deserved consideration. “Why burden the court with unnecessary affidavits,” it remarked, noting that despite the MPCB’s directions, the association continued to raise objections.

When the BCMA sought interim protection against coercive action until the next hearing, arguing that it only wished to distinguish between the chemical composition of coal and charcoal, the bench directed that the reports prepared by the High-Powered Committee be furnished to all parties for their perusal. The matter remains pending.