IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1580 OF 2024
Amit Dholakia ... Petitioner
Versus
1) The State of Maharashtra
Through the Ministry of Co-operation,
having its address at 2nd Floor, New Central
Building, Dr Babasaheb Ambedkar Road, Pune,
Maharashtra.
2) The State of Maharashtra
Through the Urban Development
Department, having its address at
Mantralaya Building 4th Floor, Madam
Cama Road, Near Hutatma Rajguru Chowk,
Mumbai - 400 032.
3) The Registrar of Co-operative Societies,
having its address at 6th Floor, Malhotra House,
opp. G.P.O, ) Borabazar Precinct, Balllar Estate
Fort, Mumbai - 400 001.
4) The Union of India
Through the Ministry of Housing and
Urban Affairs, having its address at
Nirman Bhawan, Maulana Azad Road,
New Delhi – 110011.
5) Bhagwati Bhuvan Co-operative
Housing Society Ltd.
A co-operative Housing Society registered
under the provisions of the Maharashtra Co operative Societies Act, 1960, having
registration number BOM/HSG/4552/1975,
through its Secretary, having its address at
Carmichael, Pedder Road, Mumbai - ) 400 026.
6) Municipal Corporation for Greater Mumbai.
A planning authority established under the
Mumbai Municipal Corporation Act, 1888,
having its address at 5 Mahapalika, Dhobi
Talao, Chattrapati Shivaji Terminus Area, Fort,
Mumbai 400 001.
7) Brihanmumbai Electric Supply and Transport
having its address at 1st Floor, BEST Bhavan,
BEST Marg Colaba, Mumbai 400 001. … Respondents
Mr. Harsh Sheth i/b MDP Legal, for the Petitioners.
Mr. Abhay L. Patki, Addl. G.P. for the Respondent - State.
Ms. Ahuja Tirmali i/b Komal Punjabi for Respondent No. 6-BMC.
CORAM: G. S. KULKARNI &
ADVAIT M. SETHNA, JJ.
DATE: 14 JANUARY 2025
ORAL JUDGMENT (Per Advait M. Sethna, J.) :
1. This writ petition raises a pressing contemporary issue concerning the need to create an adequate infrastructure for the installation of e-charging stations for electric vehicles, along with the requisite legal framework that would be necessary to facilitate their seamless operation.
2. The petitioner before this court is a businessman and a citizen of India and a resident of Bhagwati Bhuvan Cooperative Housing Society situated in Carmichael, Pedder Road, Mumbai. The petitioner claims that the present petition is
filed on account of the rejection of permission to the petitioner to install charging infrastructure at the petitioner’s garage in the said society. Such permission was rejected by the society which was sought for charging the petitioner’s newly purchased electrical vehicle. The petitioner claims that considering the immense environmental and other advantages of electrical vehicle, coupled with the State Government’s and Central Government’s policy document, it is incumbent upon the State and the Registry of Cooperative Societies, i.e., respondent nos. 2 and 3 to exercise power under the Maharashtra Cooperative Societies Act, 1960 (“MCS” for short) so as to ensure that the petitioner and other similarly placed individuals residing in various housing societies in Mumbai to get the benefit of the charging stations to be installed at the garage and parking places in the premises of their societies. The petitioner is primarily aggrieved by the inaction of the respondents, particularly respondent Nos. 2, 3, 5, and 6, in failing to provide the necessary permissions for the installation of charging stations, which are beneficial to the petitioner and such similarly placed persons. It is under such conspectus that the petitioner has approached this Court invoking Article 226 of the Constitution of India, 1950 (“Constitution of India for short”). The substantive prayers in the petition read thus:
“A. That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the Registrar to exercise power under Section 14 of the MCS Act to amend the Model Bye-Laws so as to provide for the provision of charging infrastructure;
B. That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the State Government to exercise power under Section 79A of the MCS Act so as to provide for the provision of charging infrastructure;
C. That until such time as the power under Section 14 or Section 79A is exercised as aforesaid, this Hon'ble Court be pleased to exercise its extraordinary constitutional powers under Article 226 to frame appropriate guidelines for the provision of charging infrastructure in Co-operative Housing Societies;
D. That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the State Government represented through Respondent No. 1 to 4 and Respondent no.6 to implement the MEV Policy, 2021, including by way of appropriate amendments to the DCPR 2034;
E. That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing Respondent no. 5 to grant permission to the Petitioner to install charging infrastructure in the Petitioner's garage;
F. That this Hon'ble Court be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction directing the
Respondent no. 7 to grant permission to the Petitioner to install charging infrastructure in the Petitioner's garage without an no-objection letter from Bhagwati Bhuvan CHSL;”
3. The petitioner addressed a letter dated 10 May 2022 to respondent no. 5 society requesting for issuance of a no objection certificate for obtainin
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