Nagpur: The Nagpur Bench of the Bombay High Court has raised a series of crucial questions over the ongoing rollout of smart prepaid electricity meters across Maharashtra, including whether consumers can be compelled to accept the new meters and whether existing functioning meters can be replaced without their consent.
Hearing a Public Interest Litigation (PIL) challenging the smart meter programme, a division bench comprising Justice Anil S. Kilor and Justice Raj D. Wakode sought detailed clarification on the legal and consumer rights aspects of the issue. The court directed the petitioner to submit comprehensive information on the matter by June 22, when the case will be taken up for further hearing.
During the proceedings, the bench observed that if the installation of smart prepaid meters is to be made mandatory, consumers should be given adequate prior notice. The court indicated that a notice period of at least one month may be necessary before any such replacement is carried out. It also hinted that appropriate directions could be issued regarding the implementation of the state-wide meter installation drive.
The PIL has been filed by the Vidarbha Electricity Consumers’ Association, which has sought a stay on the ongoing installation of smart prepaid electricity meters. The petitioner alleged that electricity distribution companies are replacing existing meters without obtaining consumers’ consent, even in cases where the current meters are functioning properly.
According to the petition, replacing operational electricity meters is arbitrary, unnecessary and contrary to law. The association has further argued that provisions of the Electricity Act, 2003, allow consumers to choose their own electricity meters and therefore smart prepaid meters cannot be imposed upon them without consent.
The matter assumes significance as the State Government and power utilities continue to push ahead with large-scale deployment of smart meters as part of efforts to modernise the electricity distribution system.
In an earlier hearing, the Central Government filed an affidavit strongly supporting the smart meter initiative. The Centre maintained that smart prepaid meters would improve transparency, efficiency and accountability in power distribution while helping consumers better monitor and manage their electricity consumption.
The petitioners, however, have questioned both the necessity and legality of replacing existing meters, seeking a complete halt to the installation process until the issues raised are judicially examined.
The High Court is now expected to further scrutinise the legal framework governing smart meter deployment after receiving the additional information sought from the petitioner.
Advocate Pratik Puri appeared on behalf of the petitioner, Advocate Deepak Thakre represented the State Government, while Advocate Sandeep Badana appeared for the intervenor.
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