Charging Stations For EVs In All Housing Societies: High Court
Over the last few years, we have heard numerous cases where housing societies have not allowed electric vehicle owners to install personal EV chargers. Now, finally, we have a verdict from the Bombay High Court, which has not only ordered housing societies to facilitate the installation of charging stations but has also directed the state government to finalize rules allowing EV charging stations in cooperative housing societies. The court stated that societies cannot deny members the right to install charging points.
Bombay High Court: Allow EV Owners to Install Charging Stations
What happened was that a businessman from Mumbai, Amit Dholakia, who stays in Bhagwati Bhuvan CHS, Carmichael Road, purchased an electric vehicle in May 2022. Due to this, he requested a No-Objection Certificate (NOC) from his cooperative housing society to install a charging point in his garage. Unfortunately, his request was rejected by the society, stating, “There is no policy allowing members to install individual EV charging points.”
Following this, in June 2022, Dholakia wrote a letter to the Urban Development Department, the Registrar of Cooperative Societies, and the BMC for intervention. However, he received no response. After being frustrated by the situation, Dholakia filed a writ petition under Article 226 in the Bombay High Court. In his petition, he asked for clear rules for EV charging in cooperative housing societies.
After this, a hearing in the court took place, where advocate Harsh Sheth, the representative of Dholakia, argued. He stated that the central and state governments are actively promoting EV adoption. However, there is no specific provision in the Model Bye-Laws of Cooperative Societies that mandates housing societies to permit EV charging stations.
He concluded by adding that the Registrar of Cooperative Societies should be directed to amend the bye-laws and ensure that charging infrastructure is included in cooperative housing societies.
During this argument, Additional Government Pleader Abhay L. Patki, representing the state government of Maharashtra, also put forward his points. He stated that the government is taking all the necessary steps to direct housing societies to allow EV charging stations, subject to the availability of space. However, the court found that no concrete action had been taken.
What Did the Court Rule?
Following these arguments, the Bombay High Court stated that there is a need for clear statutory guidelines. It highlighted that the draft conditions for EV charging stations in housing societies have been formulated but need to be finalized and implemented.
Additionally, Section 79A of the Maharashtra Cooperative Societies Act, 1960, empowers the state to issue binding directions on the proper management of cooperative societies. The Bombay High Court, in its ruling, also issued a number of directives.
It stated that the Registrar of Cooperative Societies must issue necessary directions to amend the bye-laws of all cooperative housing societies to include provisions for EV charging stations. It added that once the rules are finalized, cooperative societies will be better equipped to grant permission for EV charging stations.
What Does This Mean for EV Owners?
Most likely, this new directive from the Bombay High Court will help EV owners living in other states obtain personal EV chargers and EV charging stations in their societies as well. This directive will also help EV owners reduce range anxiety, as they will now be able to charge their electric vehicles at home without worrying about reaching public charging stations on time.
Additionally, this new ruling will promote EV adoption, as buyers were previously hesitant due to charging issues. Lastly, this ruling could also provide a small boost to real estate values, as new buyers will be attracted by the prospect of having proper EV charging stations installed in their societies.