HC refuses more time to bakeries to switch to cleaner fuels

The court noted that despite receiving notices from the civic body in January to comply with the deadline, the applicants had moved the court only in June. “If you had difficulty, you should have moved the court in January itself to modify the order. We cannot entertain your application now. Table a proposal or you have to close down,” the court said

MUMBAI: The Bombay High Court on Thursday refused to allow bakery owners more time to switch from conventional coal-based fuel to cleaner fuels, stating that those who had not met the July 8 deadline set by the court would have to shut.

Executive Chef J p Singh with cooking Tandori chicken, at Bukhara, The Maurya in New Delhi Photograph by Harikrishna Katragadda/ MINT

Observing that individual hardship cannot override the larger public interest to the right to a clean environment, the court ordered the closure of bakeries that fail to comply with the earlier orders.

A division bench of Justice Shree Chandrashekhar and Justice Aarti Sathe delivered the order while dismissing a plea filed by 12 bakery owners, who had sought an extension of the deadline. The application had also sought orders restraining the Brihanmumbai Municipal Corporation (BMC) from taking action against 311 bakeries that had not transitioned to cleaner fuels by July 8.

The court noted that despite receiving notices from the civic body in January to comply with the deadline, the applicants had moved the court only in June. “If you had difficulty, you should have moved the court in January itself to modify the order. We cannot entertain your application now. Table a proposal or you have to close down,” the court said.

Subsequent to a high court order of January 9, the BMC had issued notices to all city bakeries using coal or wood, and ordered them to shift to electric ovens or cleaner fuels such as liquefied petroleum gas (LPG) or piped natural gas (PNG). It set a July 8 deadline. However, around 311 bakeries continue to use conventional fuels.

The Bombay Bakers’ Association (BBA) claimed that the transition was hindered by the BMC itself. It said many bakeries had applied for PNG connections from Mahanagar Gas Limited (MGL). However, the BMC had not given permission to dig up newly laid concrete roads to lay gas pipelines. The civic body had stated that, in any case, digging was difficult during the monsoon.

The BBA application stated that the January 9 order was passed in breach of natural justice and was discriminatory towards small enterprises.

The bakeries contended that the transition to cleaner fuels is a complex process, requiring the existing brick-and-stone oven structure to be demolished before new ovens can be installed. “The process can take two to three months, pre-supposing that MGL agrees to supply the pipeline on time,” they said.

The association informed that court that it had approached MGL for piped gas supply in May. However, with the ongoing monsoon, that may not be possible right now. “If we shut down and MGL fails to provide pipeline supply, we will have to shut down the bakeries and there will be a shortage of bread in the city,” the application stated.

A BMC official had earlier said that 46 of the 573 operational bakeries had made the switch. “Another 28 are in mid-transition,” he said. “One bakery has shut down. Prior to October, 187 bakeries were already running on clean fuel, leaving 311 bakeries – 54% of the total bakeries – yet to make the switch. Just a few days ago, on July 3, we held another meeting with the BBA and health officials, answering all their queries about the switch.”

The civic official pegged the cost of making the switch at between ₹10 and ₹20 lakh, depending on the size of the bakery. “We have briefed the bakeries about a central government scheme that will give them a ₹1-crore loan, along with a ₹10-lakh subsidy,” he said. “MGL has also carried out a survey, showing that PNG connections for another 97 bakeries are possible and has agreed to extend the gas line up to the bakery premises at its own cost. But the bakeries have to pay a security deposit.”

During the hearing on Thursday, amicus curiae Darius Khambata pointed out that before the January 9 was passed, a timeline of six months for the transition had been decided. “The action should have been taken earlier. Constitutional rights should prevail over hardship,” he submitted.

The court was not convinced by the association’s delay in approaching the court, especially since it was aware of the set timeline.

“The affidavit filed by the association reflects their difficulties in transforming the bakeries from conventional to clean fuels. However, in a PIL, the court is concerned with the larger public interest. The right of citizens to have a clean environment is given in the Constitution. The difficulty cannot be a ground to deprive the larger section of the society of a clean environment. It is an admitted position that serious implications of air pollution have been seen by use of conventional fuel,” the court remarked.

Dismissing the plea, the court said the one-year extension hinged on the probability of MGL providing PNG connections to these bakeries. “However, the court does not function on such probabilities. Things have to be decided on the basis of averments made, and we do not find justifiable details to extend the deadline,” it stated.