Agricultural to non agricultural land conversion

Strategic Land Conversion: Navigating the Shift from Agricultural to Non-Agricultural Use

The process of land acquisition and laws governing use of land has posed significant challenges for prospective buyers in Maharashtra. The Government of Maharashtra has recently notified the Maharashtra Land Revenue Code (Second Amendment) Act, 2025 bringing in significant reforms to the framework governing land-use and conversion simplifying the process of land transactions. This note aims to provide an overview of the new legal framework and practical considerations involved in obtaining non-agricultural status for land parcels in Maharashtra.


redevelopment project - essential checks

Essential Checks Before Buying a New Flat in a Redevelopment Project

Given the significant rise in redevelopment activity across Mumbai, this note examines the critical legal, regulatory, and commercial checks that buyers, investors, and financial institutions must undertake before committing to a unit in a redevelopment project. It highlights key considerations under applicable laws such as the Real Estate (Regulation and Development) Act, 2016 and the Maharashtra Ownership Flats Act, 1963, along with practical due diligence measures relating to title, statutory approvals, society consent, and development agreements.


Data center investments in India

Data Centers as a Critical Asset Class: Assessing Power, Cooling, Land-Use, Interconnectivity, and Financing Models

Data centers constitute a critical, distinct infrastructure asset class offering stable, long-term returns comparable to regulated utilities. Realizing scalable value requires legal structuring across five interdependent dimensions: reliable, high-capacity power; efficient cooling technologies; complex land-use entitlements; interconnectivity density; and specialized financing frameworks linked to performance and ESG compliance.


RERA: Issue 1 of 2026

RERA: Issue 1 of 2026

We are pleased to present issue 1 of 2026 of S&R’s RERA Roundup for the period April to September 2025. This publication provides a curated overview of significant legal developments under the Real Estate (Regulation and Development) Act, 2016 (“RERA”), as reflected in recent judgments and passed by various Real Estate Regulatory Authorities and appellate forums/courts across India.
As the regulatory framework continues to evolve, these decisions provide valuable insight into emerging interpretative trends influencing the implementation and enforcement of RERA. This edition is intended to serve as a practical reference for stakeholders navigating the dynamic real estate regulatory landscape.


MahaRERA order

MahaRERA Issues Key Circular on Execution of Deeds of Cancellation

Defaults by allottees in making timely payments continue to pose serious challenges for real estate promoters, often resulting in stalled inventory, disrupted cash flows, and project-level financial stress. While the Real Estate (Regulation and Development) Act, 2016 permits cancellation of allotments in accordance with the agreement for sale, the absence of a clear statutory mechanism for giving effect to such cancellation—particularly where allottees refuse to cooperate—has led to prolonged deadlocks. Addressing this long-standing procedural gap, the Maharashtra Real Estate Regulatory Authority (“MahaRERA”) has now issued a significant circular prescribing a standard operating procedure for execution and registration of deeds of cancellation. This note examines the background to the Circular, the judicial developments that prompted it, and its practical implications for promoters, allottees, and registering authorities.


exemptions from Non-Agricultural Tax

Exemptions from Non-Agricultural Use Certificate and Non-Agricultural Tax for Solar and Wind Energy Power Generation Projects in Maharashtra

The Government of Maharashtra (“GoM”) on January 29, 2025 had issued a circular regarding exemptions from non-agricultural use certificates (sanad) for industrial projects. The GoM recently issued another circular on August 7, 2025 introducing important clarifications regarding exemptions from obtaining non-agricultural use certificates (sanad) and payment of non-agricultural tax for solar and wind power projects. This note highlights the similarities, differences, and sectoral focus of the two circulars in order to aid stakeholders in understanding the exemptions in respect of land use for industrial projects and power generation projects in Maharashtra.


sale deed

The Silent Risk in Sale Deed Structuring: Stamp Duty, Under-Valuation Allegations and the Rise of Tax Probes in Land Deals

The process of purchasing property in India is intricate and involves multiple stages, from identifying the property to the signing and registration of a sale deed. While it may appear that once you complete the steps of due diligence, obtain necessary sale permissions, finalize documentation and register the sale deed, the process is complete, real estate transactions may still carry risks that surface later.
This note sheds light on such risks involving stamp duty implications, allegations of under-valuation and covers points to be kept in consideration when structuring sale deeds.


real estate investment trusts regulations

Recent Regulatory Developments in India (2025)

The Securities and Exchange Board of India (SEBI) has introduced certain amendments to the regulatory framework for real estate investment trusts (REITs) in 2025. These amendments primarily focus on ease of doing business and investor protection. This note provides an overview of the 2025 amendments.


clean energy projects in India

Use of Land for Clean Energy Projects in India

India’s ambitious climate and clean energy targets are redefining the investment landscape for renewables and electric vehicles. As international and domestic players intensify their focus on these sectors, one of the most critical determinants of project viability is land.While dedicatedrenewable energy (“RE”)parks and/or designated zones with pre-acquired land and transmission infrastructure may help in streamlining project development, developers must still account for project-specific environmental clearances, construction permissions, and proximity to substations or transmission corridors.
With respect to solar and wind energy projects, as well as green hydrogen, significant land, real estate, and related infrastructural resources may be necessary, with site selection being one of the most critical early-stage considerations. Existing land-related challenges in India’s RE and green hydrogen sector involve availability, cost, and access issues, particularly for large-scale deployments, including on account of land conflicts, user restriction and domestic population density.
In general, securing/ acquiring land in India involves a complex matrix of legal, regulatory, and socioeconomic factors, including on account of varying ownership patterns across states, and issues such as fragmented titles, complicated land revenue systems, complex tenancy rights, litigation, and opposition from local communities.For energy companies, ‘clean tech’ and sovereign wealth funds, as well as infrastructure investors, the challenge lies in balancing legal certainty with commercial agility and social license.


RERA

RERA: Issue 2 of 2025

We are pleased to present the second issue of S&R’s Quarterly RERA Roundup for the period January to March 2025. This publication provides a curated overview of significant legal developments under the Real Estate (Regulation and Development) Act, 2016 (“RERA”), as reflected in recent judgments and passed by various Real Estate Regulatory Authorities and appellate forums/courts across India.
As the regulatory landscape continues to evolve, these decisions offer valuable insight into the interpretative trends shaping the enforcement of RERA. This edition aims to serve as a practical guide for stakeholders seeking to understand the Act’s application in an increasingly dynamic real estate sector.