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.
At Duke & Baron, we don’t just witness this transformation; we help shape it. As legal advisors at the intersection of real estate, projects, and infrastructure, we support transactions and disputes across land acquisition, real estate development, leasing, construction, and large-scale infrastructure projects. Here’s how law becomes the silent yet essential architecture powering India’s growth.
The Legal Backbone of Urban and National Development
India’s rapid urbanisation and infrastructure push are governed by a dense web of statutes and sectoral regulations. Key laws include:
- Real Estate (Regulation and Development) Act, 2016 (RERA): Central to ensuring transparency and accountability in the real estate sector.
- Land Acquisition Act, 2013 (RFCTLARR): Balances public interest, private rights, and fair compensation.
- The Indian Contract Act, 1872: Governs project contracts, EPC agreements, and property transactions.
- Arbitration and Conciliation Act, 1996: Powers dispute resolution, especially in time-sensitive infrastructure projects.
- Environment Protection Act, 1986 & Water (Prevention and Control of Pollution) Act, 1974: Essential for environmental compliance.
- Electricity Act, 2003 & National Tariff Policy: Form the foundation of energy and renewable power infrastructure.
- Transfer of Property Act, 1882, Registration Act, 1908, Urban Land (Ceiling and Regulation) Act (historically significant): Underpin conveyance and title.
Legal disputes and clarifications arising from these laws are adjudicated by courts such as the Supreme Court of India, High Courts, National Green Tribunal (NGT), Appellate Tribunal for Electricity (APTEL), and State RERA authorities, 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. Our land acquisition attorneys handle:
- Title verification and due diligence
- Negotiations with local communities and authorities
- Compensation and rehabilitation disputes
- Land pooling in PPP models
- Environmental objections and litigation
Increasingly, with GIS tools, satellite mapping, and digital land records, the legal process involves multidisciplinary expertise. At Duke & Baron, we integrate legal, technical, and environmental perspectives to deliver clarity and compliance.
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. Our practice includes:
- Drafting and negotiating sale deeds, lease deeds, joint venture agreements, and builder-buyer contracts
- Comprehensive title due diligence to identify liens and encumbrances
- Structuring transactions to comply with RERA and contract law
- Stamp duty and registration advisory
- Handling issues under the Benami Transactions (Prohibition) Act, 1988
- Setting up escrow mechanisms for risk management
In case of disputes—delayed possession, title conflicts, or developer defaults—matters may reach State RERA authorities, Consumer Disputes Redressal Commissions, NCLT, High Courts, or even the Supreme Court.
Projects & Infrastructure: Structuring Complexity into Clarity
Mega-projects—whether ports, airports, or renewable parks—rely on legally sound foundations. At Duke & Baron, we work across:
- Public-Private Partnership (PPP) projects: Drafting and vetting Model Concession Agreements, BOT/DBFO contracts, and tripartite agreements.
- Project finance: Structuring debt syndication, drafting security documents, ensuring compliance under RBI’s ECB guidelines and FEMA.
- Construction contracts: Addressing delay penalties, EOT claims, cost escalation, and performance guarantees under EPC, DBOM, and FIDIC frameworks.
- Energy sector: Drafting PPAs, advising on open access and group captive structures, securing approvals from SERCs and CERC, and handling tariff disputes before APTEL.
As India’s infrastructure financing shifts toward non-recourse lending, renewable energy investments, and international funding, legal strategy must evolve to protect stakeholders while enabling project execution.
Regulatory Compliance: Beyond Filing Forms
Compliance isn’t a checkbox; it’s a strategic shield. Beyond RERA, real estate and infrastructure projects often require:
- Layout plan approvals and zoning compliance
- Construction permits and occupancy certificates
- Environmental clearances and heritage zone permissions
- Labour law compliance and fire safety norms
- Tax and GST planning
- Regulatory risk audits
We help clients proactively identify regulatory blind spots—avoiding costly delays and litigation.
Dispute Resolution: Arbitration as the Forum of Choice
Given the capital-intensive, multi-stakeholder nature of these sectors, disputes are inevitable. The Arbitration and Conciliation Act, 1996, with amendments encouraging institutional arbitration, governs most proceedings.
At Duke & Baron, we represent clients in:
- Domestic arbitrations under Indian law
- International Commercial Arbitration under ICC, LCIA, SIAC, UNCITRAL
- Enforcement of foreign arbitral awards under the New York Convention
Notably, Delhi and Mumbai High Courts are key venues for arbitration-related matters, from interim relief to appointment of arbitrators.
How Duke & Baron Helps You Build, Develop & Operate
As a full-service firm deeply immersed in real estate, projects & infrastructure, we support clients from blueprint to execution:
✅ Real estate development, conveyance & title due diligence
✅ Infrastructure/PPP project financing & concession agreements
✅ Renewable energy and power sector transactions, including PPAs
✅ Construction and EPC contract negotiation and dispute resolution
We 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.
Final Thought: Law as a 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 in contracts honoured, disputes resolved, and risks mitigated.
At Duke & Baron, we view law not as a bottleneck, but as a strategic asset—ensuring your projects are compliant, your investments protected, and your vision realised.
To learn more about our practice or to speak to our experts, visit dukeandbaron.com or write to us at contact@dukeandbaron.com.