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Sector Focus

Infrastructure & Energy

Infrastructure and energy projects in India — power generation and transmission, road and highway construction, port development, airport expansion, urban metro rail, and the rapidly expanding renewable energy sector — involve the most complex intersection of regulatory approvals, financing structures, land acquisition, contractual disputes, and government interface of any sector in the economy. GP advises project developers, lenders, contractors, and government counterparties on the complete legal and regulatory framework that infrastructure and energy projects require.

Power Generation · Renewables · Highways · Ports · Airports · Urban Metro · Oil & Gas · Mining
The Sector

Infrastructure and energy projects in India — power generation and transmission, road and highway construction, port development, airport expansion, urban metro rail, and the rapidly expanding renewable energy sector — involve the most complex intersection of regulatory approvals, financing structures, land acquisition, contractual disputes, and government interface of any sector in the economy. GP advises project developers, lenders, contractors, and government counterparties on the complete legal and regulatory framework that infrastructure and energy projects require.

Key Regulatory Framework
Electricity Act 2003 · CERC / SERC · NHAI Concession Agreements · Land Acquisition Act 2013 · Mines & Minerals Act · Environment Clearances · IBC — Project Financing
What We Do

Legal services for infrastructure & energy clients

Power Sector — Regulatory & Tariff Disputes

Electricity regulatory proceedings before CERC and SERCs — tariff petitions, change in law claims, must-run status disputes, and power purchase agreement enforcement. GP represents power generators, transmission companies, and distribution licensees in regulatory proceedings and in appeals before the Appellate Tribunal for Electricity (APTEL) and the Supreme Court.

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Renewable Energy — Project Development & Disputes

Solar, wind, and hybrid renewable energy project development — from land acquisition and environmental clearances through financing and EPC contract structuring to grid connectivity and DISCOM payment default. India's renewable energy sector has produced a category of dispute — curtailment claims, grid unavailability, ISTS waiver uncertainty, and PPA renegotiation — that GP handles across CERC, SERC, APTEL, and arbitration.

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Highway & Transport — NHAI Concessions & Arbitration

NHAI concession agreement interpretation, variation claims, termination disputes, and the arbitration proceedings that arise from highway and transport infrastructure projects. GP represents concessionaires and contractors in disputes with NHAI and state highway authorities — on scope variations, force majeure claims, traffic shortfall compensation, and the complex financial rebalancing mechanisms in NHAI's model concession agreements.

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Land Acquisition & Environmental Clearances

Challenging or supporting land acquisition proceedings under the Right to Fair Compensation Act 2013, environmental impact assessment proceedings, forest clearance challenges before the National Green Tribunal, and the management of community objections to infrastructure projects. GP advises project developers on the complete approvals lifecycle and manages the legal challenges from affected communities and environmental groups.

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Mining & Natural Resources

Mining lease applications and renewals, MMDR Act compliance, mining plan approvals, and the disputes between mining concessionaires and state governments over royalty rates, lease renewal refusals, and environmental compliance. GP advises mining companies across the major mining states — Jharkhand, Odisha, Chhattisgarh, Rajasthan, and Karnataka — and handles the High Court proceedings that mining disputes routinely produce.

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Infrastructure Finance — Lender-Side Advisory

Project finance documentation for infrastructure projects — term loan agreements, intercreditor agreements, security creation and enforcement, and the management of project loan defaults under the IBC framework. GP advises project finance lenders on the security structure for infrastructure projects and on the committee of creditors process where infrastructure project companies undergo CIRP.

Sector Issues

The legal issues defining the infrastructure & energy sector right now.

Renewable energy — curtailment and grid availability disputes
India's solar and wind generators are facing an epidemic of curtailment — forced reduction of generation output by state DISCOMs — which reduces generation revenue and creates disputes about deemed generation compensation. Simultaneously, grid connectivity delays, ISTS charge waivers progressively withdrawn, and DISCOM payment defaults have created project-level financial distress producing a wave of arbitration and regulatory proceedings. GP is active across CERC, SERC, APTEL, and arbitration in these matters.
COVID-19 force majeure — infrastructure disputes still being resolved
Force majeure claims from COVID-19 lockdowns — construction delays, traffic shortfalls on toll roads, reduced airport volumes, and government counterparty payment defaults — produced infrastructure disputes still working through arbitration and courts. GP represents both project developers seeking compensation and government counterparties defending against claims — with a practice that has handled multiple concurrent COVID-19 infrastructure arbitrations across highway, power, and airport sectors.
IBC and infrastructure — project company insolvency
The application of the IBC to infrastructure project companies — particularly power and road projects — has produced a distinctive set of challenges: the concession agreement is the primary asset, its continuation through CIRP requires the government counterparty's cooperation, and the resolution plan must include a qualified technical bidder capable of operating the infrastructure asset. GP has represented lenders and resolution applicants in infrastructure CIRP proceedings.
CERC · Renewable Energy Curtailment

Solar developer — 200 MW project — DISCOM curtailment — CERC petition — deemed generation declared — Rs.28 Cr compensation ordered

Represented a Rajasthan-based solar developer in a CERC petition against the state DISCOM for unauthorised curtailment of a 200 MW solar project under a 25-year PPA. The load despatch records showed the grid was available on most curtailment days and curtailment was driven by commercial rather than technical grounds. CERC held the curtailment unjustified and ordered Rs.28 crore deemed generation compensation with carrying costs.

NHAI Arbitration · Force Majeure — COVID-19

Highway concessionaire — NHAI rejecting COVID-19 force majeure claim — arbitration commenced — Rs.85 Cr traffic shortfall compensation awarded

Represented a highway concessionaire in arbitration against NHAI arising from COVID-19 lockdowns during which the project highway was closed for 68 days and operated at significantly reduced traffic volumes for 18 months. The arbitral tribunal held COVID-19 lockdowns constituted force majeure under the NHAI Model Concession Agreement, awarded a concession period extension, and Rs.85 crore traffic shortfall compensation.

NGT · Environmental Challenge — Dismissed

Renewable energy developer — NGT challenge to wind project Environmental Clearance — project siting defended — environmental impact assessment upheld — petition dismissed

Defended a wind project developer before the National Green Tribunal against a challenge to the project's Environmental Clearance by a residents' association alleging inadequate EIA and insufficient community consultation. GP established that the EIA had been conducted by an accredited agency, the public hearing followed prescribed procedure, the project did not fall in any restricted zone, and alleged biodiversity impacts were unsupported by evidence. The NGT dismissed the petition.

Sector Leadership

GP advises infrastructure & energy clients across the complete spectrum of their legal and regulatory needs — from routine compliance through complex transactions to enforcement proceedings and litigation.

The infrastructure & energy practice team operates across Mumbai, Delhi, Bangalore, and Chennai, with specialist capabilities in each of the practice areas listed above. Contact GP to discuss how we can assist your organisation.

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Infrastructure & Energy Sector

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GP advises infrastructure & energy clients across the complete spectrum of legal and regulatory needs. Tell us about your matter and we will put you in contact with the right team.

Power Generation · Renewables · Highways · Ports · Airports · Urban Metro · Oil & Gas · Mining
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