The Bombay High Court has directed the Maharashtra state government to formulate rules for cooperative housing societies (CHS) to allow their members to install charging points for electric vehicles (EVs). A division bench of Justices Girish Kulkarni and Advait Sethna issued the order following a petition filed by a Malabar Hill-based businessman, Amit Dholakia, whose housing society refused to grant him permission to install an EV charging station within its premises.
Background of the Case
Amit Dholakia, a resident of Bhagwati Bhuwan CHS on Carmichael Road, had applied for a no-objection certificate (NOC) to obtain a new electricity connection and meter for setting up an EV charging station in his garage in May 2022. However, the CHS rejected his application, citing the absence of a policy allowing individual members to install such infrastructure.
Following the rejection, Dholakia approached the urban development department, the Registrar of Cooperative Societies, and the Brihanmumbai Municipal Corporation (BMC) in June 2022, seeking guidance on the matter. After receiving no response from these authorities, he decided to approach the Bombay High Court.
Court’s Observations and Order
During the hearing, Dholakia’s legal counsel, Advocate Harsh Seth, highlighted that while the state government is actively promoting electric vehicles, its policies remain silent on the provision of charging infrastructure in housing societies. He stressed the need to incorporate specific provisions in the model by-laws of cooperative housing societies to facilitate the installation of EV charging points.
Additional government pleader Abhay Patki, representing the state, informed the court that the government was taking necessary steps to instruct housing societies to permit EV charging stations, subject to space availability.
The court, however, noted that apart from some preliminary discussions, no substantial steps had been taken by the authorities. Consequently, the bench directed the Registrar of Cooperative Societies to finalize draft rules for the installation of EV charging points in cooperative societies at the earliest. Additionally, the court mandated that housing societies be instructed to amend their by-laws in accordance with these newly formulated rules under the Maharashtra Cooperative Societies Act.
Implications for Housing Societies and EV Owners
The ruling is expected to significantly benefit EV owners residing in cooperative housing societies across Maharashtra. By ensuring clear regulatory guidelines, the decision will remove hurdles faced by residents in installing private EV charging stations.
Moreover, this move aligns with the government’s broader objective of increasing EV adoption in the state. With improved access to home charging infrastructure, more residents may be encouraged to switch to electric vehicles, thereby contributing to reduced carbon emissions and enhanced environmental sustainability.
Housing societies, on the other hand, will now be required to comply with the forthcoming rules and amend their by-laws to accommodate EV charging stations. The decision also reinforces the importance of cooperative societies adapting to new-age infrastructure developments to meet the evolving needs of residents.
Conclusion
The Bombay High Court’s directive marks a crucial step in ensuring the seamless adoption of electric vehicles in Maharashtra. With the state government now required to frame clear rules, cooperative housing societies will have to facilitate the installation of EV charging infrastructure, eliminating unnecessary barriers for residents. The decision is expected to pave the way for other states to follow suit, making EV ownership more practical and convenient for urban dwellers.
