Land Conflicts on The Horizon as India Pursues a Clean Energy Future

Land disputes are a major stumbling block for any infrastructure project, but they are rarely discussed openly in the public sphere, and they are becoming a concern for large-scale renewable energy projects in India. Renewable energy projects frequently necessitate a large number of land parcels. India’s objective for 2022 is to install 175 GW of renewable energy, primarily solar and wind. However, this target has subsequently been increased to 450 GW by 2030. To achieve this goal, renewable energy facilities must be installed quickly, but resolving land-related problems is also crucial for the timely completion of renewable projects. Land disputes can be reduced to some extent if we start establishing renewable energy projects on lands that have been thoroughly examined based on the following criteria: Environment (Laws and Notifications by State and Center), WildLife/Forest, Geo-Political Demography, and Revenue record clearances over the last 40 years.

Some of the major land conflicts on the horizon as India pursues a clean energy future are as follows:
 

Demarcation of Land
The process of defining a territory’s borders is known as demarcation of land. The most important factor for a landowner is to have a clear understanding of property’s borders. Government offices can only issue an order for official land demarcation when there is no crop or harvest on the area in question. It is critical to place applications at appropriate periods in relation to project timeframes and deliverables.The situation becomes complicated when nearby plot owners begin to create a disturbance that necessitates the presence of SDM, Police, and Revenue authorities, while the process of encroachment and possession is underway. Since there is a large amount of barren land available with low density, true ownership is easily available on record, but determining actual land on the ground continues to be a tough challenge.
 

Image 1. Depicting small encroachments that people make to claim possession of land.

Land Allotment by the Government
The land is spread throughout hundreds of acres, and it includes small and large government land that comes in the midst disrupting the project’s continuity. Land classified as baraani or banjar owned by the government, may be leased out for agricultural, horticultural, or solar and other purposes. Obtaining government land on lease is difficult, making it highly challenging for projects that desire to construct on outright ownership. State renewable energy departments and revenue departments are involved in the leasing land assignment process. In other circumstances, state cabinet decisions are also involved. Preliminary preparation, Proposals for allotments, Orders of sub-divisional officers on allotment proposals, and Post-allotment action are the four distinct steps of this procedure, making it long and arduous.

Conversion of land from SC to industrial
If a landowner intends to use his land for a purpose other than what is legally permitted, he is legally required to change the land use. For example, Running a company from a property intended for residential use is prohibited. If several warnings are ignored, the authority in your area has the right to even demolish the property despite issuing a penalty.

Therefore, to avoid any stumbling blocks, the owner should apply for and get a conversion certificate before beginning to use his property. Many states have prohibited the direct sale or leasing of SC-owned land, necessitating an upfront conversion process. Previously, district collectors had the authority to convert large tracts of property, but their authority has been curtailed now with multiple NOC requirements being in place. This process is naturally time-consuming as it needs people to shuttle between district offices and state offices, making the entire exercise difficult.

Image 2. Depicting the relocation of existing transmission line which was earlier coming in the middle of solar park.
 

Ancestral Property Law
If an ancestral property is undivided, four generations of the male bloodline might claim it. A local lawsuit is filed when an ancestral property is sold by the owner without the approval of future successors. This implies that an investor pays for the land and then the seller’s son registers a case against the seller, questioning how he/she could sell the land. This is frequently exploited by sellers as a detriment to the execution process. Few states have abrogated this right, although a few states still recognise it.

Infrastructure project
As per Supreme Court’s latest case laws and amendments in the parliament, Courts are advised not to put stay orders on infrastructure projects with an intent of faster development of infrastructure projects across India. Local courts at SDM level are still levying ex-party stay orders hence prolonging the project delays.

The aforementioned factors bring us to the undeniable premise that land conflicts remain a serious impediment to India’s pursuit of a clean energy future. Though the renewable energy sector is poised for development as the government pursues clean energy targets, experts suggest it is critical that the government does not dismiss rising land conflicts. Reusing agricultural land has the potential to assist India in increasing its number of renewable energy projects, and it is time the government announced policies that are congenial for this. Supreme court in its latest judgment has made it crystal clear that lower courts must refrain from issuing stay orders on infrastructure projects since it not only delays the development of infrastructure but also impacts taxpayers money.

- Varchasvi Gagal, Chief Executive Officer & Managing Director, Datta Infra