Bombay High Court seeks response from State on plea for mandatory electric vehicle charging points in housing societies

The Bombay High Court on Friday issued notice in a public interest litigation (PIL) petition seeking directions to the Maharashtra government and Registrar of Co-operative Societies to issue guidelines to residential societies for installation of Electric Vehicle charging points (EV charging stations) within housing society precincts [Amit Dholakia & Anr. v. State of Maharashtra & Ors.]

The PIL said that given the immense environmental and financial advantages of electric vehicles coupled with the State and Central government policies in this regard, it is necessary to ensure EV charging infrastructure is installed in every co-operative housing society.

A bench of Justices SV Gangapurwala and SG Dige issued notice in the matter on Friday and posted the case for further consideration on January 6, 2023.

The plea filed by two Mumbai residents, Amit Dholakia and Sohel Kapadia, claimed to have sought no objection certificates from their respective societies for obtaining a new electric power connection for charging EVs at the garage. 

However, the societies responded stating there is no policy in place for permitting individual members to install their electric meters for EV charging and, hence, permission cannot be granted. 

After making inquiries, the petitioners also realised that there were other similarly aggrieved individuals in Maharashtra.

The petitioners stated that there was a Model Building Bye-Laws and Urban Regional Development Plans Formulation and Implementation Guidelines in place by the Central government which urged for facilitation of EV charging infrastructure in residential buildings. 

Similarly, the Maharashtra government also promulgated a Maharashtra electric vehicle policy of 2021 which promoted EVs. 

Despite these, there was no provision in the Maharashtra Regional and Town Planning Act for EV charging. 

According to the plea, no steps had been taken to implement the MEV policy either. 

The petitioner submitted that it is necessary for the State and the Registrar of Co-operative Societies to ensure that the MEV policy is implemented through the Maharashtra Co-operative Societies Act.

They contended that the amendment of Building Code and Town Planning Rules providing EV charging stations for private and commercial buildings had been introduced and appropriate amendment had been made to the model building bye-laws.

However, similar amendment was not made to the bye-laws for residential societies.

By failing to take steps towards such implementation, the State government and Registrar are acting arbitrarily and failing to fulfil their legal duties, the plea stated. 

The petitioners, therefore, sought directions to the State government and Registrar to exercise their powers and amend the model bye-laws for societies so as to provide for provision of charging infrastructure.

[Read order]