Real Estate, Projects & Infrastructure: Legal Foundations of Growth
India’s skyline and landscape are changing faster than ever—from renewable energy parks and metro corridors to satellite cities, commercial hubs, and next-gen smart grids. But behind the cranes, glass facades, and concrete foundations lies something less visible yet equally critical: the legal frameworks, contracts, regulations, and financing structures that bring these projects to life.
Through my practice, I don’t just witness this transformation; I help shape it. As a legal advisor at the intersection of real estate, projects, and infrastructure, I support transactions and disputes across land acquisition, real estate development, leasing, construction, and large-scale infrastructure projects. Let me share how law becomes the silent yet essential architecture powering India’s growth.
The Legal Backbone of Urban and National Development
India’s rapid urbanization and infrastructure push are governed by a dense web of statutes and sectoral regulations that I navigate daily. Key laws I work with include:
Real Estate (Regulation and Development) Act, 2016 (RERA): Central to ensuring transparency and accountability in the real estate sector—a game-changer I’ve seen transform the industry.
Land Acquisition Act, 2013 (RFCTLARR): Balances public interest, private rights, and fair compensation—often requiring delicate negotiations.
The Indian Contract Act, 1872: Governs project contracts, EPC agreements, and property transactions that form the foundation of every deal.
Arbitration and Conciliation Act, 1996: Powers dispute resolution, especially in time-sensitive infrastructure projects where delays cost millions.
Environment Protection Act, 1986 & Water (Prevention and Control of Pollution) Act, 1974: Essential for environmental compliance—increasingly scrutinized by courts and tribunals.
Electricity Act, 2003 & National Tariff Policy: Form the foundation of energy and renewable power infrastructure I advise on regularly.
Transfer of Property Act, 1882, Registration Act, 1908: Underpin conveyance and title—the bedrock of secure property rights.
Legal disputes and clarifications arising from these laws are adjudicated by courts and tribunals where I regularly appear: the Supreme Court of India, High Courts, National Green Tribunal (NGT), Appellate Tribunal for Electricity (APTEL), and State RERA authorities—each ensuring checks, balances, and evolving interpretations.
Land Acquisition: Beyond Just Buying Land
Acquiring land for highways, metro projects, industrial corridors, and smart cities isn’t merely transactional—it involves complex balancing of public need and private rights. Through my work, I handle:
Title verification and due diligence – Uncovering hidden encumbrances that could derail projects.
Negotiations with local communities and authorities – Balancing legal requirements with ground realities.
Compensation and rehabilitation disputes – Ensuring fair treatment while enabling project progress.
Land pooling in PPP models – Structuring innovative arrangements that benefit multiple stakeholders.
Environmental objections and litigation – Defending projects before the NGT and High Courts.
Increasingly, with GIS tools, satellite mapping, and digital land records, the legal process involves multidisciplinary expertise. I integrate legal, technical, and environmental perspectives to deliver clarity and compliance that withstands scrutiny.
Real Estate Transactions: Drafting Risk Out of the Deal
Whether it’s a large township, commercial lease, joint development, or single-unit sale, every transaction must stand strong against disputes—something I’ve learned through years of practice. My work includes:
Drafting and negotiating sale deeds, lease deeds, joint venture agreements, and builder-buyer contracts with precision.
Comprehensive title due diligence to identify liens and encumbrances before they become problems.
Structuring transactions to comply with RERA and contract law while achieving commercial objectives.
Stamp duty and registration advisory – Optimizing costs within legal frameworks.
Handling issues under the Benami Transactions (Prohibition) Act, 1988 – Protecting legitimate interests.
Setting up escrow mechanisms for risk management that protect both parties.
In case of disputes—delayed possession, title conflicts, or developer defaults—I represent clients before State RERA authorities, Consumer Disputes Redressal Commissions, NCLT, High Courts, and even the Supreme Court. I’ve seen how proper documentation prevents litigation, and when it doesn’t, I ensure my clients are protected.
Projects & Infrastructure: Structuring Complexity into Clarity
Mega-projects—whether ports, airports, or renewable parks—rely on legally sound foundations. Through my practice, I work across:
Public-Private Partnership (PPP) projects: Drafting and vetting Model Concession Agreements, BOT/DBFO contracts, and tripartite agreements that balance public interest with commercial viability.
Project finance: Structuring debt syndication, drafting security documents, ensuring compliance under RBI’s ECB guidelines and FEMA—work that requires both financial and legal expertise.
Construction contracts: Addressing delay penalties, EOT claims, cost escalation, and performance guarantees under EPC, DBOM, and FIDIC frameworks that I’ve negotiated countless times.
Energy sector: Drafting PPAs, advising on open access and group captive structures, securing approvals from SERCs and CERC, and handling tariff disputes before APTEL—a specialized area I’ve developed deep expertise in.
As India’s infrastructure financing shifts toward non-recourse lending, renewable energy investments, and international funding, I continuously evolve my legal strategy to protect stakeholders while enabling project execution.
Regulatory Compliance: Beyond Filing Forms
Compliance isn’t a checkbox—it’s a strategic shield. Through experience, I’ve learned that beyond RERA, real estate and infrastructure projects often require:
Layout plan approvals and zoning compliance – Navigating complex municipal regulations.
Construction permits and occupancy certificates – Ensuring projects can actually operate legally.
Environmental clearances and heritage zone permissions – Particularly challenging in urban areas.
Labour law compliance and fire safety norms – Often overlooked until inspections reveal gaps.
Tax and GST planning – Structuring transactions to optimize liability.
Regulatory risk audits – Proactive identification of potential issues.
I help clients proactively identify regulatory blind spots—avoiding costly delays and litigation that can derail even well-planned projects.
Dispute Resolution: Arbitration as the Forum of Choice
Given the capital-intensive, multi-stakeholder nature of these sectors, disputes are inevitable—I’ve litigated and arbitrated dozens of them. The Arbitration and Conciliation Act, 1996, with amendments encouraging institutional arbitration, governs most proceedings I handle.
I represent clients in:
Domestic arbitrations under Indian law with focus on efficient resolution.
International Commercial Arbitration under ICC, LCIA, SIAC, UNCITRAL rules—bringing global expertise to complex disputes.
Enforcement of foreign arbitral awards under the New York Convention—ensuring clients can actually recover what they’re owed.
Notably, Delhi and Mumbai High Courts are key venues for arbitration-related matters, from interim relief to appointment of arbitrators—courts where I regularly appear.
My Approach: From Blueprint to Execution
As someone deeply immersed in real estate, projects, and infrastructure, I support clients from blueprint to execution with comprehensive services:
✅ Real estate development, conveyance & title due diligence – Building on solid legal foundations.
✅ Infrastructure/PPP project financing & concession agreements – Structuring bankable transactions.
✅ Renewable energy and power sector transactions, including PPAs – Enabling India’s energy transition.
✅ Construction and EPC contract negotiation and dispute resolution – Protecting interests throughout project lifecycles.
I bridge legal frameworks and commercial objectives—so that whether you’re acquiring land, raising finance, building, or operating, your project stands on solid legal ground that supports, rather than hinders, your vision.
My Philosophy: Law as Strategic Enabler
India’s urban and infrastructure growth isn’t just measured in kilometers of roads or square feet of built-up area—it’s also measured in contracts honored, disputes resolved, and risks mitigated. Through my work, I’ve contributed to projects that are reshaping India’s physical landscape.
I view law not as a bottleneck, but as a strategic asset—ensuring your projects are compliant, your investments protected, and your vision realized. The best legal work is invisible to end users but essential to making projects happen.
What distinguishes my practice:
- Multi-disciplinary approach – Integrating legal, technical, and financial perspectives
- Proactive compliance – Preventing problems rather than just solving them
- Commercial understanding – Legal solutions that align with business realities
- Dispute resolution expertise – When litigation or arbitration becomes necessary
Final Reflections: Building India’s Tomorrow
Real estate and infrastructure represent some of the most dynamic and impactful areas of legal practice. Every project I work on contributes to India’s development—from housing that shelters families to renewable energy that powers industries to transportation infrastructure that connects communities.
Through my practice, I’ve learned that successful projects require more than good engineering and adequate financing—they require sophisticated legal frameworks that anticipate challenges, allocate risks fairly, and provide mechanisms for resolving disputes efficiently.
Whether you’re a developer navigating RERA compliance, an infrastructure company structuring a PPP project, a renewable energy investor negotiating a PPA, or a construction contractor managing EPC disputes, I bring the specialized expertise these complex transactions demand.
Let’s Build on Solid Legal Foundations
To discuss your real estate transaction, infrastructure project, or construction dispute, reach out for a consultation.
Connect with me at officeofdukeandbaron@gmail.com or visit dukeandbaron.com.
– Advocate Siddharth Nair
Duke & Baron