Insights
Projects and land
Notes on Indian law filed under Projects and land. The practice itself is described on its own page.
A generator's change in law claim runs on three weeks' notice, a sixty day check by the Commission and an appeal within forty-five days
A generator that sells power under a power purchase agreement (PPA) and bears a higher cost after a change in law claims compensation under the agreement and, since 22 October 2021, under the Electricity (Timely Recovery of Costs due to Change in Law) Rules, 2021 (the Rules), which restore it to its earlier position.
A mining lease passes to a buyer under section 12A with State approval and no transfer charge, while royalty, District Mineral Foundation, Trust and premium payments continue
A mining lease in India goes to a person selected under section 10(4) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): by auction under section 10B for a notified mineral such as iron ore, or by the routes in sections 10BA, 11, 11A, 11B and 11D, a reservation under section 17A or the Coal Mines (Special Provisions) Act, 2015.
Delay and variation claims under an Indian construction contract turn on section 55, the section 74 ceiling and a narrow challenge under section 34
An engineering, procurement and construction (EPC) contract in India carries its delay and variation claims through the Indian Contract Act, 1872: section 55 decides whether late completion lets the owner end the contract or only claim compensation, and section 74 caps liquidated damages at the sum named, which on the Supreme Court's reading in Kailash Nath Associates v. Delhi Development Authority (9 January 2015) is payable in full only as a genuine pre-estimate of loss.
Under the SHANTI Act, private Indian companies may hold nuclear power licences, with operator liability capped by reactor size, from a date yet to be notified
The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (Act No. 39 of 2025), which received assent on 20 December 2025 and was published in the Gazette of India on 21 December 2025, repeals the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010, and, once in force, makes any company incorporated in India, alone or in a joint venture, eligible for a licence to build, own, operate and decommission a nuclear power plant, with no equity ceiling in the text.
The scheme that replaced FAME pays once a vehicle is sold, and the battery rules charge for it again two years later
PM E-DRIVE, the scheme that followed FAME-II and subsumed EMPS-2024, now runs to 31 March 2028 on an outlay raised to INR 11,900 crore, and the last date for a claim under any component is 31 December 2027.
Semicon 2.0: the gates are revenue, ownership and technology you already hold, not the capital you propose to spend
Semicon 2.0, notified on 31 August 2026, cut fiscal support for a silicon wafer fab to 40 per cent of eligible capital expenditure from the up to 50 per cent the first programme carried.
India's carbon market now sets plant-level targets, and a shortfall left uncovered costs twice what a certificate trades for
From 8 October 2025, the Greenhouse Gases Emission Intensity Target Rules, 2025 have given 282 named plants in aluminium, cement, chlor-alkali and pulp and paper a binding emission intensity target for 2025-26 and 2026-27.
Delay under RERA runs from the date in the agreement for sale, not from the date the project was registered
Section 18(1)(a) of the Real Estate (Regulation and Development) Act, 2016 fixes liability by reference to the terms of the agreement for sale and the date specified in it.
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