Mumbai, Aug 22 (PTI) The Bombay High Court has refused to grant a one-year extension to bakeries to transition from traditional wood and coal-fired ovens to cleaner fuels, saying “hardship for a few is
not a ground to deprive green environment to the larger section of the society”.
A bench of Justices Shree Chandrashekhar and Aarti Sathe on Thursday held that “the right of a citizen to have a clean environment has attained the status of a fundamental right under Article 21 of the Constitution”.
“This is well remembered that hardship to a few is not a ground to deprive the larger section of society to have a clean and green environment,” the bench held.
The court stressed that “the risk of potential harm to human health would definitely tilt the balance in favour of the larger public interest”.
It would take precedence over unemployment, business prospects and other factors of a similar nature, the court said.
Earlier this year, the high court had directed the Brihanmumbai Municipal Corporation (BMC) to ensure that all bakeries using coal, diesel or firewood transition to clean fuel sources.
Following this, 12 bakeries filed an interim application before the high court, seeking an extension for a year to switch to green fuel.
The petitioners stated that there are 750 bakeries in the city and 2,000 in the Mumbai Metropolitan Region, which have a long and rich cultural history dating back more than a century, and these are largely family-run establishments.
The petitioners argued that they were not heard before this order was passed.
They cited significant logistical and financial challenges, including a cost of Rs 15-20 lakh and a shutdown period of at least two months for each bakery to convert its ovens.
Gas supply from Mahanagar Gas Limited (MGL) was not yet available, and electric ovens were not a viable alternative due to high costs, they claimed.
They further contended that the abrupt change would cause hardship to thousands of labourers and would affect the public who depend on bread (pav) as an affordable food item.
The bench noted that the bakeries did not take adequate follow-up steps after an interim order on July 8, which had extended the deadline to July 28.
It dismissed the interim plea, ruling that it lacked “material particulars” and justifiable” reason to extend the timeline indicated in the January 29 order. PTI AVI ARU
