Civil court orders HPSEBL to restore electricity connection, says smart meter installation appears voluntary
Photo used for indicative purpose only. Source: Internet
Hamirpur, July 5
Civil Court in Hamirpur has directed the Himachal Pradesh State Electricity Board Limited (HPSEBL) to restore the electricity connection of a commercial establishment within ten days after holding that, at this stage, there is a prima facie case indicating that installation of smart electricity meters is being implemented as a voluntary measure and consumers cannot be compelled by disconnecting power supply.
The order was passed by Civil Judge, Court No. 3, Hamirpur, Tina Malhotra, while deciding an application filed by Jaimal Singh against the SDO, HPSEBL, Lambloo under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure.
According to the court record, the applicant challenged a notice issued by HPSEBL under Section 163(3) of the Electricity Act, 2003, warning that electricity supply to his shop would be disconnected if he refused to replace the existing electricity meter with a smart meter. The petitioner contended that installation of smart meters was voluntary and sought protection against disconnection of electricity.
HPSEBL opposed the application, arguing that installation of smart meters was part of the state government’s policy and that under Section 55 of the Electricity Act, electricity could only be supplied through a “correct meter”, which, according to the Board, meant a smart meter. The Board also informed the court that the applicant had refused to allow replacement of the existing meter.
While examining the matter, the court observed that repeated clarifications issued by the government indicated that installation of smart meters was voluntary and not mandatory.
It further noted that relying solely on Section 55 of the Electricity Act to compel installation of smart meters was not justified when corresponding legal provisions suggested such installation was voluntary.
The court also took note that HPSEBL had disconnected the applicant’s electricity supply during the pendency of the proceedings. Invoking its inherent powers under Section 151 of the Code of Civil Procedure and relying on Supreme Court judgments relating to inherent powers of civil courts and moulding of relief, the court held that the applicant would suffer irreparable loss due to the absence of electricity, whereas the respondent could not resort to coercive measures by disconnecting power to force installation of a smart meter.
Accordingly, the court directed HPSEBL to restore the electricity connection to the applicant’s commercial premises within ten days using the existing meter. The order will remain operative until the final disposal of the civil suit. The court clarified that its observations are only for deciding the interim application and shall not influence the final adjudication of the main suit.
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