The Bombay High Court has issued a directive to the Maharashtra government, instructing it to establish clear regulations that would permit members of cooperative housing societies (CHS) to install electric vehicle (EV) charging points. The ruling was made by a division bench comprising Justices Girish Kulkarni and Advait Sethna, and the order was released on Friday. The decision was prompted by a legal petition filed by businessman Amit Dholakia, a resident of Malabar Hill, whose request to install a charging station for his EV had been denied by his housing society.
The case had originated when Dholakia, who resides in Bhagwati Bhuwan CHS on Carmichael Road, had applied in May 2022 for a no-objection certificate to set up an independent electricity meter for an EV charging point in his garage. His application had been rejected by the housing society on the grounds that no policy allowing such installations for individual members was in place. Following this refusal, attempts had been made by him to seek intervention from various government departments, including the urban development department, the Registrar of Cooperative Societies, and the Brihanmumbai Municipal Corporation (BMC), in June 2022. However, no response had been received, which had compelled him to approach the court.
During the hearing, the contradiction between the state’s push for EV adoption and the lack of policies facilitating EV charging infrastructure in residential complexes had been pointed out by Advocate Harsh Seth, who had represented Dholakia. The need for a structured policy that ensured the inclusion of charging infrastructure within the model by-laws of cooperative societies had been emphasized by him. It had been argued that despite government efforts to encourage sustainable transportation, individual EV owners were still facing obstacles due to regulatory gaps at the housing society level. In response to the petition, it had been conveyed by Additional Government Pleader Abhay Patki that steps were being taken by the state to direct housing societies to allow EV charging point installations, provided that adequate space was available. However, it had been observed by the bench that beyond preliminary communications, no concrete measures had been implemented by the authorities to address the issue.
As a result, instructions had been issued by the court to the Registrar of Cooperative Societies to expedite the finalization of rules governing the installation of EV charging stations within cooperative housing societies. Further, it had been mandated that housing societies be required to amend their by-laws under the Maharashtra Cooperative Societies Act in accordance with the upcoming regulations. With this ruling, greater clarity regarding EV infrastructure in residential buildings is expected to be introduced. A significant step toward addressing the challenges faced by EV owners in housing societies has been taken by the High Court, ensuring that access to charging infrastructure is facilitated at the community level. The move is seen as crucial in supporting the state’s broader initiatives for electric vehicle adoption and sustainable urban development.
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