Infrastructure in India - General

The regulatory framework in the infrastructure sectors has developed autonomously within each infrastructure sector with very little co-ordination or cross fertilisation of ideas across sectors. The independent regulator is positioned between the legislature, executive and judiciary on the one hand and the market on the other. Even this skeletal description alerts us to the novel institutional framework in which regulation takes place and the attention it requires for ensuring that constitutionally and legally viable institutions are put in place.

Another significant area of the firm’s regulatory practice is in Project clearances and in helping clients with Environment Impact Assessment. Environmental concerns are associated with all forms of energy and infrastructure projects throughout the chain from exploration, mining and drilling, transportation, generation and end use. Vide a Notification on EIA in 1994 under Environment Protection Act, 1986 - 30 categories of development projects with detailed guidelines for each category of projects has been set out. However, the time taken for such clearances is 5-7 years. The Ministry of Environment and Forests' 2005 draft notification to simplify the procedure of EIA has been challenged before the Supreme Court. However, simplified procedure for environmental clearance has been notified in September 2006 superseding 1994 notification. Further, in pursuance of the Supreme Court’s order, the Ministry of Environment and Forests constituted the Central Empowered Committee (CEC) in September 2002 for a period of five years through a gazette notification. The broad tasks of the CEC from then on were to monitor and ensure the compliance with the orders of the Supreme Court on forests and wildlife conservation. CLG lawyers have represented oil and gas companies, mining companies, power projects, Greenfield airport projects before the State Pollution Boards, the CEC and the Supreme Court.    

One of CLG’s focused areas of practice is the infrastructure sector. Being a full service Law Firm, CLG has been rendering its professional services for different infrastructure sectors. Our Infrastructure practice focuses on the following services:-

• Strategizing legal landscape for infrastructure projects
• Legal scrutiny of Infrastructure projects/transactions
• Consultancy services for preparing Tender documents, bid documents and connected legal requirements
• Negotiating, drafting and vetting agreements and other legal documents for initiating and executing infrastructure projects
• ‘Infrastructure’ legal audit for the purpose of participation in Joint Ventures, Mergers or Acquisitions
• Legal risks and liabilities scrutiny
• Identification of feasible projects for private sector entities and risk analysis
• Advice on bidding alternatives including consortia formation
• Bidding strategies and documentation
• Drafting, Vetting bidding documents and related Agreements
• Legal Opinion/consultancy on Project Finance related issues
• Deal Closure and post Closure documentation
• Professional assistance for any dispute resolution issue arising out of infrastructure projects

• Engineering and Construction
• Airports
• Roads
• Telecommunications