Decide if charcoal causes pollution: Bombay High Court tells MPCB on plea against notices to bakeries

Mumbai: The Bombay High Court, hearing a plea against notices issued by civic bodies to bakeries to convert to green fuel, asked the Maharashtra Pollution Control Board (MPCB) to decide if charcoal was an approved fuel that does not cause pollution.

The Bombay Charcoal Merchants Association (BCMA) had filed an application claiming that authorities had misinterpreted the high court's January order asking the MPCB and civic bodies to ensure that bakeries and restaurants that use wood or coal in their cooking convert to green fuel within six months.

Appearing for the BCMA, senior counsel Kevic Setalvad said civic bodies had also issued notices to establishments using charcoal.

"Charcoal is not polluting as it does not have sulphur content. Coal and charcoal are different. This is a common misconception," he said.

Senior advocate Ashutosh Kumbhakoni, representing MPCB, submitted that it had taken steps as per the high court order to convert bakeries using wood and coal.

The notices mention 'coal' and not 'charcoal', he added.

A division bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik said it would be better if experts at the pollution control board heard the issue.

"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," it said.

The bench directed the association to file a representation before the MPCB within two weeks and directed the authority to decide the same within four weeks thereafter.

It said, "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 association, in its intervention plea, claimed that "their livelihood was getting distorted and seriously prejudiced", and their rights guaranteed under Section 21 of the Constitution were being infringed upon.