Supreme Court Issues Notice in EV Charger PIL

In a landmark intervention that could reshape residential access to electric vehicle (EV) infrastructure across India, the Supreme Court of India has issued notices to the Union Government , the State of Uttar Pradesh , and a housing society in Greater Noida. The Public Interest Litigation (PIL) , filed by resident Rachit Katyal, challenges the society's refusal to grant permission for installing a private EV charger in his designated parking space. Relying heavily on the Ministry of Power 's freshly minted Guidelines for Installation and Operation of Electric Vehicle Charging Infrastructure 2024 , the petition argues for mandatory enforcement to bolster India's green mobility ambitions. A bench comprising CJI Surya Kant and Justice Joymalya Bagchi took up the matter, listing it for hearing on April 13, 2026 . This development underscores escalating tensions between individual EV adopters and residential managing committees amid India's aggressive push towards electrification.

The case, titled Rachit Katyal vs. Union of India [W.P.(C) No. 000186 / 2026], highlights a common grievance for EV owners in high-rise societies: bureaucratic hurdles to home charging. With only limited public stations available, private installations are crucial for widespread adoption. The petitioner's counsel, Advocates Sriram Parakkat and Subaash Chaudhary , contend that such refusals not only thwart personal choices but also undermine national policy.

Genesis of the Petition

Rachit Katyal, a resident of Nirala Estate Phase 3 in Greater Noida—a sprawling complex with nearly 4,000 flats—purchased an electric vehicle in early 2025. Eager to charge it conveniently, he approached the housing society on May 26, 2025 , seeking a No Objection Certificate (NOC) for a certified EV charging unit in his allotted parking spot. He assured compliance with all safety and electrical standards under the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2023 , and confirmed it would not burden common utilities or pose risks.

Despite repeated follow-ups through December 2025, the society stonewalled. It cited existing charging points—merely two units of 7 kW and 3 kW capacity—for the complex's estimated 56 EVs, rendering home charging impractical amid long queues. "Despite repeated communications and reminders sent between May and December 2025, the petitioner claims that the society failed to grant permission or provide a definitive response," the petition notes. Katyal's prior representations to the Ministry of Power and Uttar Pradesh government yielded no relief, prompting the PIL.

This isn't an isolated incident. As EV sales surge—India recorded over 2 million units in FY2024-25 , up 14% year-on-year—residential infrastructure lags. Housing societies often prioritize collective interests, fearing fire hazards, electricity pilferage, or metering disputes, even as guidelines explicitly permit private setups.

Judicial Response

On a recent hearing, the Supreme Court bench swiftly issued notices, signaling prima facie cognizance of the issue's public importance. "The Supreme Court today issued notice in a PIL seeking proper and effective implementation of Guidelines for Installation and Operation of Electric Vehicle Charging Infrastructure 2024 issued by the Ministry of Power ," as reported in initial coverage. Respondents include the Union through its ministries, Uttar Pradesh authorities, and the specific society. The April 13 listing allows time for counters, but interim relief—such as directing an NOC—remains a possibility.

The Court's prompt action aligns with its recent environmental jurisprudence, from Delhi air pollution mandates to Ganga cleanup orders, where policy enforcement via writs has been routine.

Decoding the 2024 EV Charging Guidelines

Issued on September 17, 2024 , the guidelines mark a liberalization from the 2018 framework, aiming to accelerate charging infra for India's 30% EV penetration target by 2030 under the National Electric Mobility Mission Plan (NEMMP) and FAME schemes. Key provisions, quoted verbatim, include:

a) Setting up and operation of EV Charging Stations is a de-licensed activity and any entity is free to establish EV Charging Infrastructure by adhering to these guidelines.

This empowers residents as "any entity," bypassing society vetoes for designated spaces.

b) Charge Point Operators may apply for an electricity connection for their EV charging stations. The Distribution Licensee must provide the required connection according to the following timelines specified under the Electricity (Rights of Consumers) Rules, 2020 ...

Up to 150 kW low-tension connections are mandated with pre-specified charges, via existing meters or sub-meters.

Other clauses mandate yearly EV demand assessments by State Nodal Agencies (SNAs) and Municipal Commissioners (clause d), amendments to Model Building Bye-laws 2016 and URDPFI 2014 for space allocation in new builds (clause e), and flexibility for tech like solar-integrated or induction charging (clause f), all compliant with CEA/BIS standards.

The petition lambasts non-implementation: "despite clear guidelines issued by the Ministry of Power on September 17, 2024 , housing societies and State authorities have failed to ensure access to EV charging infrastructure for residents."

Constitutional and Policy Arguments

Katyal invokes Articles 14 (equality) , 15 (non-discrimination) , 16 (equal opportunity in public employment—extended to services) , and 21 (right to life, including clean environment and sustainable living) . Denying chargers discriminates against EV owners, hindering access to eco-friendly transport amid climate commitments under Paris Agreement.

The plea draws parallels with Maharashtra, where circulars compel societies to issue NOCs within seven days, backed by judicial nods. It urges uniform state-level measures, faulting UP for inaction despite obligations on power utilities for "safe, sufficient charging infrastructure within group housing societies."

Prayers for Relief

The petition seeks sweeping directions: - Mandamus for states to implement 2024 guidelines. - Specific NOC to Katyal pending legislation. - Union to notify comprehensive frameworks, including timelines for permissions/electricity. - Injunctions against society office-bearers.

These mirror SC's proactive PIL remedies, potentially birthing a model EV policy.

Legal Ramifications and Precedent Value

This PIL could redefine resident vs. society dynamics under cooperative laws like UP Cooperative Societies Act . Guidelines' de-licensing trumps bye-laws, but societies may counter with safety (e.g., recent Delhi EV fire incidents). Constitutionally, Art 21's expansion to "right to pollution-free environment" (post-M.C. Mehta cases) bolsters claims, linking EV access to sustainable urban living.

For regulators, it enforces Electricity Rules' timelines, curbing discretionary delays. Utilities face liability for non-compliance, spurring upgrades.

Implications for Legal Practitioners and Stakeholders

Legal professionals in constitutional, environmental, energy, and real estate practices stand to gain. RWAs will need counsel on revised bylaws; EV firms on deployment. Litigation may proliferate—imagine class actions by EV clusters. Developers must allocate charger spaces pre-handover, per MoHUA tweaks.

Broader stakes: India's EV infra gap (1 charger per 10 EVs vs. global 1:5) impedes net-zero 2070. SC intervention could catalyze 1 lakh public chargers by 2025, per targets.

Looking Ahead

As the April hearing nears, stakeholders watch if SC mandates interim NOCs or frames national SOPs. For Katyal and millions of EV aspirants, it's a charge towards accessible green mobility. This PIL exemplifies how individual grievances fuel systemic reform, reinforcing SC's PIL vanguard role in India's energy transition.