INDIA Law and Practice Contributed by: Anupam Varma, Poonam Verma Sengupta, Sakshi Kapoor and Rajesh Jha, JSA
from affected persons and other stakeholders. The outcome of the public consultation forms part of the environmental appraisal undertaken before environ- mental clearance is granted by the MoEFCC or the SEIAA, as applicable. Separate public notice require- ments may also arise under statutory frameworks. 3.3 Approvals to Construct and Operate Generation Facilities The terms and conditions imposed under regulatory approvals vary depending on the nature of the gen- eration facility and the approval concerned. Typical conditions include the following: • Environmental approvals : Compliance with the conditions specified in the Environmental Clear- ance, including requirements relating to emissions, effluents, water use and conservation, waste man- agement, biodiversity and forest conservation, as applicable, together with periodic monitoring and submission of compliance reports. • Project development : Compliance with conditions relating to land use, forest diversion, statutory timelines and other project-specific approvals, where applicable. • Grid connectivity : Compliance with the applicable connectivity regulations, the CEA technical stand- ards, the Indian Electricity Grid Code, the relevant State Grid Code and, where applicable, project implementation milestones prescribed under the GNA framework. • Technical and safety requirements : Compliance with the applicable electrical safety standards, technical specifications and inspection require- ments prescribed under the Electricity Act and the regulations framed thereunder. • Commercial and operational requirements : Compli- ance with the applicable tariff framework, commis- sioning obligations and performance standards, where applicable. Amendment or Relaxation of Approval Conditions The procedure for seeking an amendment or relaxa- tion depends on the nature of the approval and the authority that granted it. Where the request relates to a regulatory approval or requirement, the developer may be required to approach the appropriate Com- mission. For example, developers may seek an exten-
sion of the SCOD under the applicable power pro- curement framework or seek relaxation of connectivity and project implementation timelines under the CERC (Connectivity and General Network Access to the Inter-State Transmission System) Regulations, 2022. Similarly, amendments to environmental approvals are considered by the MoEFCC or the SEIAA, as appli- cable. 3.4 Eminent Domain, Condemnation and Expropriation Rights to Construct and Operate Generation Facilities A developer of a generation facility does not have inherent powers of eminent domain or compulsory acquisition. Land required for generation projects is obtained through private negotiations with landown- ers or through allotment or lease of government land, depending on the nature and location of the project. Privately owned land is acquired through contractual arrangements, including sale deeds, lease deeds or other conveyance instruments. Government land may be allotted or leased by the relevant state authority in accordance with the applicable land allotment poli- cies. In limited circumstances, where the project is undertaken for a public purpose, land may be acquired by the appropriate government under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“LARR Act”), subject to compliance with the prescribed stat- utory procedure. The LARR Act requires payment of compensation to affected landowners and interested persons. Com- pensation is determined in accordance with the statu- tory framework prescribed under the LARR Act. The quantum of compensation is calculated based on: • Base market value : The District Collector deter- mines this based on the average sale price of simi- lar types of land in the vicinity, the registered sale deeds of the preceding three years, or the local minimum guidelines (whichever is higher). • Multipliers : The base market value is multiplied by a factor (which varies by state and whether the land is rural or urban). • Add - ons and solatium : Damages for loss of stand- ing crops or trees along with a mandatory solatium.
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