Real Estate, Infrastructure & Energy
Real estate, infrastructure and energy practice concerns the acquisition, development, financing and regulation of immovable property and of projects built upon it, together with the statutory frameworks governing power and infrastructure. Sagar & Sagar Law Offices advises on title due diligence and property documentation, compliance and disputes under the Real Estate (Regulation and Development) Act, 2016, development, construction and concession contracts, and regulatory matters under the Electricity Act, 2003, appearing before regulatory commissions, tribunals and courts. Work spans transactional documentation, regulatory approvals and contentious proceedings.
Overview
Property and project work in India is governed by a combination of central statute, state legislation and administrative practice that varies by location. Title derives from the Transfer of Property Act, 1882 and the Registration Act, 1908, but is evidenced through state revenue records, mutation entries and local practice. Development is regulated under the Real Estate (Regulation and Development) Act, 2016 through state-level authorities. Stamp duty, land ceiling and tenancy provisions differ across states. Two projects with identical commercial terms can carry materially different legal positions depending on where they sit.
The practice at Sagar & Sagar Law Offices addresses the transactional and the contentious sides of this field together. Work includes title investigation and due diligence, drafting and negotiation of development, sale, lease and construction documentation, regulatory registration and compliance, and representation in disputes before real estate authorities, consumer commissions, regulatory commissions, arbitral tribunals and courts. Where a project is financed, the position is coordinated with the firm's Banking, Finance & Debt Recovery practice.
Scope of work
Title investigation and property due diligence
Establishing what is owned, by whom, and subject to what.
- Investigation of title and examination of the chain of ownership
- Search at the office of the Sub-Registrar and examination of registered instruments
- Examination of revenue records, mutation entries and land classification
- Encumbrance verification and identification of prior charges and claims
- Advice on defects in title and on measures to cure them
- Title opinions and certificates for purchasers, developers and lenders
- Due diligence on land parcels proposed for acquisition or development
- Advice on land use, zoning and permissible development
- Verification of statutory approvals, sanctions and completion documentation
Property transactions and documentation
Instruments through which interests in immovable property are created and transferred.
- Drafting and vetting of agreements to sell, sale deeds and conveyance deeds
- Drafting of gift deeds, relinquishment deeds, partition deeds and family settlement documents
- Advice on stamp duty and registration requirements applicable to instruments
- Drafting of mortgage deeds and creation of security over immovable property
- Advice on powers of attorney and their limitations in property transactions
- Advice on part performance and on possession-based arrangements
- Drafting of memoranda of understanding and term sheets in property transactions
Development, joint development and construction
Arrangements between landowners, developers and contractors.
- Drafting and negotiation of joint development agreements and area sharing arrangements
- Advice on revenue sharing and hybrid development structures
- Drafting of development management agreements
- Advice on transferable development rights and floor space index arrangements
- Drafting and negotiation of engineering, procurement and construction contracts
- Advice on turnkey and item rate construction contracts
- Advice on delay, extension of time, liquidated damages and variation claims
- Advice on termination and consequences of termination in construction contracts
- Drafting and review of contractor, consultant and project management appointments
RERA compliance and proceedings
Obligations and remedies under the Real Estate (Regulation and Development) Act, 2016.
- Advice on registration of real estate projects with the state regulatory authority
- Advice on registration of real estate agents
- Preparation and review of the disclosures required at registration
- Advice on promoter obligations, including adherence to sanctioned plans and use of project funds
- Drafting and review of agreements for sale in the form prescribed by the applicable state rules
- Advice on the consequences of alteration of plans and of delay in possession
- Representation of allottees in complaints before the real estate regulatory authority
- Representation of promoters in complaints and in proceedings initiated by the authority
- Proceedings before the adjudicating officer in respect of compensation
- Appeals before the Real Estate Appellate Tribunal and further appeals to the High Court
- Advice on the interaction between RERA remedies, consumer proceedings and insolvency
Leasing and occupancy arrangements
Arrangements short of transfer of ownership.
- Drafting and negotiation of commercial lease deeds
- Drafting of leave and licence agreements
- Advice on retail, office, warehousing and industrial leasing arrangements
- Advice on lock-in, escalation, renewal and exit provisions
- Advice on fit-out, maintenance and common area obligations
- Advice on applicable tenancy and rent legislation in the relevant state
- Disputes concerning possession, eviction, arrears and forfeiture of security deposit
- Advice on registration and stamp duty applicable to leases
Land acquisition and compulsory purchase
Proceedings where land is acquired by the State.
- Advice on acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Advice on the social impact assessment and consent requirements applicable
- Objections and representations during acquisition proceedings
- Proceedings concerning determination and enhancement of compensation
- References and appeals arising from compensation awards
- Advice on rehabilitation and resettlement entitlements
- Writ proceedings challenging acquisition and related notifications
Infrastructure projects and concession arrangements
Project structures involving public authorities and long-term contracts.
- Advice on public private partnership structures and concession models
- Review and negotiation of concession agreements
- Advice on bid documentation, eligibility and tender conditions
- Representation in tender disputes and challenges to award of contract
- Advice on change in law, force majeure and termination payment provisions
- Disputes concerning delay, milestone default and performance obligations
- Advice on project documentation for roads, ports, airports and urban infrastructure
- Coordination with lenders on project finance documentation and security
Energy and power sector regulation
Regulatory work under the framework governing electricity and related sectors.
- Advice on licensing and approvals under the Electricity Act, 2003
- Advice on and representation in tariff determination proceedings
- Advice on power purchase agreements and their regulatory approval
- Advice on open access, wheeling, banking and cross-subsidy surcharge
- Advice on renewable purchase obligations and compliance with them
- Advice on solar, wind and hybrid project documentation
- Change in law claims and disputes arising from tariff and policy changes
- Representation before State and Central Electricity Regulatory Commissions
- Appeals before the Appellate Tribunal for Electricity and further appeals
- Advice on captive generation and group captive arrangements
- Advice on petroleum and natural gas sector regulation and on mining approvals
Environmental clearances and green tribunal proceedings
Approvals and proceedings concerning the environmental dimension of projects.
- Advice on environmental clearance requirements applicable to projects
- Advice on consent to establish and consent to operate under pollution control legislation
- Advice on forest and wildlife clearance requirements
- Representation before the National Green Tribunal
- Defence of projects in proceedings alleging environmental non-compliance
- Advice on conditions attached to clearances and on compliance reporting
Real estate investment vehicles
Structures through which real estate and infrastructure assets are held and monetised.
- Advice on real estate investment trusts and their regulatory framework
- Advice on infrastructure investment trusts
- Legal due diligence on assets proposed for inclusion in such vehicles
- Advice on structuring of real estate funds and investment platforms
Forums and authorities
- State Real Estate Regulatory Authorities and adjudicating officers
- Real Estate Appellate Tribunals
- National, State and District Consumer Disputes Redressal Commissions
- State and Central Electricity Regulatory Commissions
- Appellate Tribunal for Electricity
- National Green Tribunal
- National Company Law Tribunal and National Company Law Appellate Tribunal, in real estate insolvency
- Civil Courts and Commercial Courts
- Revenue authorities, Sub-Registrars and land acquisition authorities
- Arbitral tribunals, in construction and concession disputes
- High Courts and the Supreme Court of India
Who we act for
- Developers and promoters of real estate projects
- Landowners entering development arrangements
- Purchasers, allottees and homebuyer groups
- Commercial tenants and landlords
- Contractors, employers and consultants in construction projects
- Infrastructure concessionaires and project companies
- Power generators, distribution licensees and open access consumers
- Renewable energy developers
- Banks and financial institutions financing projects
- Investors in real estate and infrastructure assets
How we approach this work
Title examined at source.
Title opinions rest on examination of the registered instruments and revenue record rather than on documentation furnished by the counterparty alone.
State variation treated as a primary factor.
Stamp duty, tenancy law, land ceiling provisions and RERA rules differ by state. Advice identifies the applicable state framework before addressing the transaction.
Documentation drafted against the dispute it may generate.
Delay, variation, termination and force majeure provisions in development and construction contracts are drafted with the arbitration that may follow in view.
Regulatory and contractual positions kept aligned.
In energy and infrastructure work, a contractual entitlement that is not supported by the applicable regulatory position is of limited value, and the two are advised on together.
Frequently asked questions
- What does title due diligence involve?
- Title due diligence examines the chain of ownership of a property over the period considered appropriate for the transaction, through registered instruments, revenue records and mutation entries, together with a search for encumbrances, prior charges, litigation and statutory restrictions. It identifies defects that would affect transfer, development or enforcement of security, and forms the basis of a title opinion.
- Which real estate projects require registration under RERA?
- The Real Estate (Regulation and Development) Act, 2016 requires registration of real estate projects with the state regulatory authority before advertising, marketing or sale, subject to the exemptions in the Act relating to project size, area and the nature of the work. The applicable thresholds and procedural requirements are set out in the Act and in the rules framed by each state. Real estate agents are separately required to register.
- What remedies does an allottee have for delay in possession?
- The Act provides that where a promoter fails to complete or is unable to give possession in accordance with the terms of the agreement for sale, the allottee may withdraw from the project and claim return of the amount paid with interest, or, if the allottee does not intend to withdraw, claim interest for every month of delay until possession. Complaints are filed before the state regulatory authority, with compensation claims before the adjudicating officer.
- Can a homebuyer proceed under both RERA and consumer law?
- Allottees have pursued remedies under the Real Estate (Regulation and Development) Act, 2016 and under consumer protection legislation, and in certain circumstances proceedings under the Insolvency and Bankruptcy Code, 2016 have also been available to allottees as a class. The remedies are not identical in scope or outcome, and the appropriate course depends on the relief sought and on the stage of the project.
- How is compensation determined in land acquisition?
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides a method for determining compensation based on the factors set out in the Act, together with entitlements relating to rehabilitation and resettlement. A person dissatisfied with the award may seek a reference for determination by the authority provided under the Act, with appeal thereafter.
- What is open access in the electricity sector?
- Open access refers to the use of transmission or distribution systems by persons other than the licensee owning them, on payment of the charges determined by the appropriate commission, as provided under the Electricity Act, 2003. It permits eligible consumers to procure power from sources other than the local distribution licensee, subject to the conditions, charges and regulations applicable in the relevant state.
- What is a change in law claim in a power project?
- Power purchase agreements typically provide that where a change in law after a specified date alters the cost or revenue position of the generator, the affected party is to be restored to the same economic position. Claims arise from changes in duties, levies, statutory charges or regulatory requirements. Such claims are ordinarily determined by the appropriate electricity regulatory commission, with appeal to the Appellate Tribunal for Electricity.
- Where does an appeal from an electricity regulatory commission lie?
- An appeal from an order of an adjudicating officer or of a State or Central Electricity Regulatory Commission lies to the Appellate Tribunal for Electricity under the Electricity Act, 2003, within the period prescribed. A further appeal lies to the Supreme Court of India on the grounds specified in the Act.
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