Environment (Construction and Demolition) Waste Management Rules

Implementation of the Environment (Construction and Demolition) Waste Management Rules, 2025 by Project Developers

The Environment (Construction and Demolition) Waste Management Rules, 2025 (“Construction Waste Rules”) have been recently notified as a response to growing concerns about construction dust pollution from projects across India. The Construction Waste Rules set out an integrated framework for waste management as well as utilization by imposing extended producer responsibility aided by a central interface based online monitoring and compliance assessment. This note analyzes certain key provisions in the Construction Waste Rules, especially from the perspective of infrastructure and real estate developers and contractors, including considerations for risk allocation.


clean energy

Clean Energy: Issue 1 of 2025

Issue 1 of 2025 of our Quarterly Roundup Series on Clean Energy covers the period between October 2024 and January 2025. This Issue tracks key regulatory developments in the covered period involving solar and wind generation, green hydrogen/ammonia production, EVs, tariff, and connectivity, and includes miscellaneous updates and key announcements from the Union Budget of February 2025.


nuclear energy in india

The Legal Framework for Nuclear Energy in India: The Way Ahead

Despite significant progress made by India with respect to renewable energy, its nuclear power capacity remains relatively small. Recognizing the necessity of nuclear energy deployment to achieve net-zero targets, including the advantages that such deployment offers over renewable sources of power, the Indian government has renewed its focus on the nuclear sector in the budget announced on February 1, 2025, including through permitting private and foreign investment in the sector.
However, India’s plans to promote private/foreign investment in the nuclear sector require certain changes to the existing legal regime, including with respect to civil nuclear liability. In that regard, the government appears keen to introduce necessary legislative amendments soon. This note aims to discuss current challenges and potential modifications with respect to such laws.


data centers in Maharashtra

Incentives and Laws for Data Centers in Maharashtra

The state of Maharashtra has taken initiatives in establishing policies to promote the expansion of data center industry. The Maharashtra Government last year approved the establishment of green integrated data center parks with an expected investment of INR 1,600 billion in order to strengthen the states’ digital infrastructure. As the state rolls out the carpet for multinational companies and conglomerates to set up data centers, it is vital for the prospective investors to be aware of (i) steps/local laws and regulations involved in acquisition of land for setting up data centers and (ii) various incentives introduced by the Maharashtra Government as regards acquiring land for data centers. This note analyzes the policies introduced by the Maharashtra Government with a particular focus on acquisition of land for data centers.


Carbon Border Adjustment Mechanism

Implementation of the EU’s Carbon Border Adjustment Mechanism and its Implications

The European Union’s Carbon Border Adjustment Mechanism (“CBAM”), applicable to imports from ‘third countries’ (i.e., non-EU countries), endeavors to impose a price on emissions in respect of the production and supply of carbon-intensive goods. By ensuring that a price is paid for such embedded emissions, the CBAM aims to make the carbon price of imports equivalent to that of domestic production, especially when third countries do not appropriately impose such price.
Although the CBAM has been mainly presented as a climate measure, it may also end up operating as a unilateral trade restriction designed to protect EU manufacturing. Several countries, including India, have labeled the CBAM as protectionist. While the global implications of the CBAM appear to be diverse, certain countries, including developing and newly industrialized nations, have claimed to be the worst hit, while developed countries are likely to have less carbon-intensive production processes.
The CBAM’s compliance requirements are expected to reduce the profits of Indian exporters in key sectors. Indian manufacturers from key trade-exposed industries (including those that are energy-intensive) are further poised to incur an increase in fuel costs, leading to a decrease in export earnings.
While India has discussed retaliatory measures, it is also pursuing the option of getting its Carbon Credit Trading Scheme, 2023 recognized by the EU and aligning it with the CBAM. Separately, the EU and India are engaged in talks on a proposed Free Trade Agreement, where India has raised concerns about the CBAM being similar to non-tariff barriers.
However, consistent with India’s own goals, the CBAM could also offer potential synergies, including in terms of green hydrogen partnerships and increased renewable energy deployment. Indian producers and exporters could view the CBAM as an opportunity to scale up sustainability-driven practices, including to enhance their positioning in a globally competitive market. Going forward, while carbon reporting and emissions monitoring will be essential, Indian companies should also consider investing in appropriate R&D, including with respect to emerging technologies.


sustainable finance

SEBI’s New Framework for Sustainable Finance: A Review Beyond Environmental Sustainability

In order to expand the asset class for which Indian entities can issue and list debt securities with a purpose of using the proceeds for developing sustainable projects, the Securities and Exchange Board of India recently amended the Securities and Exchange Board of India (Issue and Listing of Non-Convertible Recently Securities) Regulations of 2021 (“NCS Regulations”) on December 11, 2024. Previously, the framework under the NCS Regulation only covered issuances of green debt securities. The amendment has introduced the concept of ESG debt securities, which now includes a framework for issuances of social bonds, sustainability bonds, sustainability linked bonds and green debt securities under its ambit.
This note discusses the amendment in light of India’s commitment towards reducing its intended nationally determined contributions together with the implications for listed issuances of the ESG debt securities by Indian corporates to potential domestic and foreign investors as well as highlights the gaps in the current form of the NCS Regulations.


ports sector in India

M&A in the Ports Sector in India: Key Regulatory and Contractual Considerations

The Indian ports sector is witnessing increased private sector participation, particularly by way of Public-Private Partnerships (“PPP”). The government has facilitated private sector participation by adopting investor friendly PPP models and streamlining tender processes and concession agreements for major ports. Due to multiple regulatory authorities and differing practices of port authorities, mergers and acquisitions in the ports sector in India are associated with unique considerations that potential acquirers should bear in mind. This note discusses the key regulatory and contractual considerations relevant to mergers and acquisitions in the ports sector in India.


clean energy

Clean Energy: Issue 3 of 2024

Issue 3 of 2024 of our Quarterly Roundup Series on Clean Energy covers the period between July and September 2024 and tracks key regulatory developments at both central and state levels in solar and wind generation, green hydrogen/ ammonia production, EVs, tariffs, connectivity and other miscellaneous updates.


commencement certificate and completion certificate

Clarification on Exemption from Project Registration and Interpretation of Commencement and Completion Certificate

Maharashtra Real Estate Regulatory Authority (“MahaRERA”) earlier had already issued clarification regarding projects which are exempted from getting registered under the Real Estate (Regulation and Development) Act, 2016 and what denotes a commencement certificate and completion certificate in plotted real estate projects vide circulars and orders. However, there was still some ambiguity regarding interpretation of these issues. Therefore, in order to ensure ease of reference and harmonious construction as well as to cure the anomaly, MahaRERA decided that these issues covered under various circulars/orders be merged and incorporated in a consolidated order and hence issued the present order i.e. Order No.62/2024.


concession agreements

Stamp Duty on Concession Agreements

A recent decision by the Supreme Court has clarified the chargeability of stamp duty on concession agreements in India. Concession in Rewa Tollway P. Limited v. the State of Madhya Pradesh, the Supreme Court has decisively laid down that a concession agreement permitting tolling in favor of the concessionaire should be stamped as if it were a lease. This would have significant cost implications for infrastructure project delivery in India through the public private partnership mode.
This note analyzes the law regarding stamp duty payable on concession agreements in India including the aforementioned decisions and the impact this decision could have on past and present concessions.