W.P.(C) 12262/2023 Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 18^th September, 2023

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W.P.(C) 12262/2023

NEERAJ KUMAR DUBEY

..... Petitioner

Through:

Mr. Sanjeev Anand, Senior Advocate

with Mr. Raghav Alok and Ms.

Vasudha Trivedi, Advocates.

versus

UNION OF INDIA & ANR.

..... Respondents

Through:

Mr. Chetan Sharma, ASG with Mr.

Apoorv Kurup, CGSC with Mr. Amit

Gupta, Mr. Ghansyam Jha and Mr.

Vikramaditya, Advocates.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral):

1. The Petitioner, Mr. Neeraj Kumar Dubey, through this Public Interest

Litigation, raises his concerns regarding the National Policy on Biofuels,

2018 [“NBP 2018”], promulgated by Respondent No. 2 – Ministry of

Petroleum and Natural Gas, Government of India on 04^th June, 2018, and

subsequently amended on 15^th June, 2022. This policy permits use of food

grains – including damaged grains like wheat and broken rice – as feedstock

for ethanol production. While the NBP 2018 aims to meet burgeoning

energy needs and targets a 20% ethanol blend with petrol by the year 2025-

26, the Petitioner argues that such a shift might precipitate unforeseen

consequences for the masses, particularly a potential food grain shortage,

Digitally Signed

By:NITIN KAIN

Signing Date:23.10.2023

18:41:38

Signature Not Verified

W.P.(C) 12262/2023 Page 2 of 12

that could leave many citizens starving.

FACTS AND GROUNDS OF CHALLENGE PRESENTED BY PETITIONER

2. Respondent No. 2 notified the NBP 2018 on 04^th June 2018, thereby

paving the way for production of bioethanol from agriculture residues,

biomass, food grains, starch containing material etc. Until the notification of

NBP 2018, bioethanol was sanctioned to be produced from non-food

sources, such as molasses, cellulose, and lignocellulose material, including

the petrochemical route. However, with the ambition of achieving a 20%

ethanol blend in petrol, the NBP 2018 now facilitates production of ethanol

using food grains and further permits diversion of such grains from the Food

Corporation of India [“FCI”] to distilleries.

3. In keeping with the goals of EBP 2018, through their decisions taken

in meetings held on 20^th April, 2020 and 09^th November, 2020, the National

Biofuel Coordination Committee [“NBCC”] has approved the diversion of

surplus rice and maize held by the FCI, towards production of bioethanol.

Later, in December, 2020, an interest subvention scheme aimed at boosting

and expanding ethanol production capacity was floated to attract distilleries

that utilize grains and other feedstocks like sorghum and sugar beet, in

addition to the previously included molasses-based distilleries.

4. In June, 2021, the NITI Aayog released a report curated by an Expert

Committee, outlining a “Roadmap for Ethanol Blending in India from 2020-

25”. This comprehensive report specifies that in order to meet the targeted

ethanol production from food grains, India will need 165 lakh metric tonnes

of food grains. Currently, only 40 lakh tonnes of damaged food grains and

20 lakh tonnes of maize in surplus, are available. The report further notes

Digitally Signed

By:NITIN KAIN

Signing Date:23.10.2023

18:41:38

Signature Not Verified

W.P.(C) 12262/2023 Page 3 of 12

that sufficient rice is in stock with the FCI and that the country is producing

adequate food grains and sugar to cope with the ethanol demand. However,

these projected calculations of the Expert Committee have been scrutinized

and challenged in an article featured in the popular digital media platform