Bombay High Court

Bombay High Court: MERC's Review Order Overturned Due to Lack of Consultation

Updated
Nov 12, 2025 2:42 PM
News Image

Hey folks! Big news from the Bombay High Court that’s got everyone talking. Let’s break it down.

What’s the Case About?

The Maharashtra Electricity Regulatory Commission (MERC) passed a review order on June 25, 2025, that made big changes to the Multi Year Tariff (MYT) order from March 28, 2025. This decision didn’t sit well with many, including UltraTech Cement Limited and others, who felt it was made without proper consultation.

The Players

  • MERC: The group in charge of setting electricity prices in Maharashtra.
  • MSEDCL: Maharashtra State Electricity Distribution Company Limited, which asked for the review.
  • Petitioners: Various companies and associations, including UltraTech Cement, who opposed the review.

Why the Fuss?

Changes in Energy Banking

The original MYT order allowed solar energy saved during busy hours to be used anytime. The review changed this, limiting usage to specific times, which affected solar companies and their customers.

Hotel Tariff Categorization

Hotels were initially placed under a lower price rate. The review moved them to a higher rate without asking those affected, leading to increased costs.

Capital Expenditure Increase

The review approved a large increase in MSEDCL’s spending on infrastructure, significantly impacting consumer prices.

Court’s Take

Lack of Consultation

The court found that MERC didn’t follow the necessary procedures. They didn’t ask for input from those affected, which is important for openness and fairness.

“The impugned review order is not passed to correct any clerical or arithmetical mistake…” – Justice B. P. Colabawalla

Regulations Ignored

The court noted that MERC didn’t follow its own rules that require input from those affected before making such big changes.

The Verdict

The court canceled the review order, highlighting the need for consultation with those affected. MERC must now revisit the review process, ensuring all voices are heard.

What’s Next?

MERC has to redo the review process, inviting suggestions and objections from those affected. Until then, the original MYT order from March 28, 2025, remains in effect.

Time Given

MERC and MSEDCL have four weeks to challenge this decision in the Supreme Court if they choose.

Summary of the Verdict

The court decided that MERC's review order was invalid because it didn't include input from those affected. MERC must start over and listen to everyone involved before making changes.