Public health over business: Court junks Mumbai bakeries' plea on coal, wood ovens

The Bombay High Court has dismissed a plea filed by 12 bakeries in Mumbai seeking a one-year extension to shift from wood-and coal-fired ovens to cleaner fuel systems, holding that public health must take precedence over business concerns.

Holding 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 bench of Justices Shree Chandrashekhar and Aarti Sathe rejected the application.

The plea was filed in connection with a suo motu PIL on air pollution. The bakeries argued that the January 9, 2025 order mandating conversion within six months was passed without hearing them, violating principles of natural justice.

They contended that transitioning to piped natural gas (PNG) ovens required demolition of existing structures, installation of new equipment, and a financial investment of Rs 15–20 lakh per unit. They also highlighted logistical issues, including pending PNG connections with Mahanagar Gas Limited, delays in pipeline laying due to monsoon, and the need for enhanced electricity load. The applicants maintained that an abrupt shutdown would disrupt the supply of affordable food such as pav and affect thousands of workers.

Senior counsel Venkatesh Dhond submitted that the bakeries had been corresponding with Mahanagar Gas Limited for PNG connections even before the order but could not proceed without assured supply. He urged the court to grant an extension to enable compliance.

Amicus curiae Darius Khambata opposed the plea, arguing that the right to a clean environment under Article 21 must prevail over commercial hardships.

The bench observed that the bakeries had failed to show concrete steps taken after the January 2025 order. Stating that hardship to a few cannot override public health concerns, it added that courts cannot pass orders based on “mere probabilities.”

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