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.


society development in Maharashtra

Legal Frameworks Guiding Society Redevelopment in Maharashtra: A Comprehensive Overview

This note provides a comprehensive overview of the legal framework and processes guiding the redevelopment of cooperative housing societies in Maharashtra, with particular focus on Mumbai. It covers essential compliances under the Maharashtra Co-operative Societies Act, 1960, special focus on recent judicial orders on aspects of inter alia documentation, stamp duty, and the position of dissenting members, as well as the interplay of regulations like DCPR 2034 and MahaRERA. Offering practical insights for societies, developers, and legal professionals, the note aims to demystify the procedural, contractual, and fiscal challenges in society redevelopment projects.


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.


Real Estate Investment Trusts in India

Regulatory Landscape for SM REITs in India

In March 2024, the Securities and Exchange Board of India (“SEBI”) amended the SEBI (Real Estate Investment Trusts) Regulations, 2014, to introduce Small and Medium Real Estate Investment Trusts (“SM REITs”), aiming to regulate fractional ownership platforms (“FOPs”) that offer retail investors access to real estate. This move addresses concerns related to investor protection, regulatory gaps, and operational transparency in FOPs. SM REITs are structured as SEBI-registered trusts and are required to comply with specific eligibility, investment, and governance criteria. This note outlines procedures for registration, scheme launches, and investor safeguards intended to enhance investor confidence, market liquidity, and standardized practices in India’s evolving real estate sector.


public private partnerships in india

Public Private Partnership in Redevelopment Efforts

Public-Private Partnerships (“PPPs”) play a crucial role in India’s urban redevelopment by leveraging government support and private sector efficiency. Maharashtra, especially Mumbai, leads with initiatives like the Slum Rehabilitation Scheme (“SRS”), while CIDCO in Navi Mumbai streamlines approvals for faster execution. Despite challenges like resident consent and financing, PPPs drive sustainable development through strategic risk-sharing, community engagement, and efficient project management. This note explores how PPPs play a vital role in India’s urban redevelopment, particularly in Mumbai, while examining the current challenges and opportunities in PPP-driven redevelopment.


RERA

RERA: Issue 1 of 2025

This Quarterly Roundup pertains to cases related to Real Estate Regulation Act, 2016 (“Act/RERA”) for the period between October and December 2024. Issue 1 sets out a compilation of selected judgements, orders and circulars for the covered period, highlighting recent legal developments influenced by the continuous changes in the real estate sector. These decisions reflect the perspective of the Real Estate Regulatory Authorities, essential for the interpretation of the Act and shaping the legal framework. This compilation of judgments and orders serves as an essential guide to understanding the implications of RERA’s evolving framework.