First Party Legal Land Due Diligence Report
Delay in land acquisition leads to delay in the commissioning of solar projects which
then adds to the overall project cost. In case of a fresh Land acquisition, all
parameters have to be checked before moving forward with the transaction to buy a
Land for Solar project. The First Party Due Diligence Report of TILA seeks to
address all the issue such as identification of the type of land (Agricultural or Non-
Agricultural), Ownership /Title of Land (Free hold or Leasehold or Govt. land) and
other parameters varying from state to state.
TILA has assisted Solar Companies in selecting the right land through First Party
Legal Land Due Diligence Report for acquisition of Land for Green field Solar
Project or Expansion of existing Solar Project.
Third Party Legal Due Diligence Report
To make the project land, bankable for mortgage, it is required that latest Legal Due
Diligence must be available i.e.,, search must have been conducted within 6 months
of the approval of Loan by the lender.
Secondly if a Solar Company desires to offer the Solar Project for sale to an investor,
it is important to ascertain if the title of the owner is clear and marketable.
TILA has assisted the Solar Companies in Third party Legal Due Diligence
Report so that the Solar Project can secure Funding from International and National
Institutions and also educate the investors before the transaction of M&A.
Procurement & Collation of Land Records for Solar Projects
Unavailability of Land records with the Landowners /target Solar Project is a major issue. These records are valuable for Due Diligence of the land before acquisition (M&A etc) or funding. Secondly, sometimes the Land documents are untraceable, dim, and illegible. Also, documents in vernacular/local languages can be incomprehensible, by the interested parties, thus, authentic due diligence becomes a challenge. One of the solutions is to reconstruct the Land records. TILA has assisted the Solar Companies on Procurement & Collation of Land Records for Solar Projects available in revenue departments, Sub Registrar Offices and other Government Authorities.
Legal Opinion on applicability of State Land Laws read with National Solar Policy / State Solar Policy
Power is a concurrent subject in Constitution of India, that means the Solar developer has to comply and deal with Government of India as well as the State Governments, where the Solar Project is proposed. On the other hand, land is a state subject, hence for every State different Laws are applicable for land acquisition. To simplify the complexity TILA renders Legal Opinion on applicability of State Land Laws read with National Solar Policy / State Solar Policy to guide and safeguard the interest of the Solar Company.
Legal Opinion on Right of Way
Solar Industry faces issues with Land owners with respect to Right of Way for
evacuation Lines, especially with respect to the list of compliances/approvals from
State Government / Central Government and also the amount of compensation
payable in rural and urban areas with respect to ROW corridor and tower base of the
overhead transmission line. Recently, the Supreme Court asked for transmission
lines evacuating solar energy in Rajasthan to be laid underground to reduce the
threat to the already threatened bird species, the Great Indian Bustard.
To safeguard the investment of the solar company TILA renders Legal Opinion on
Right of Way - Land compliance & Land compensation with respect of Land,
used for evacuation /transmission lines.
Land-Litigation Support Services for Solar Projects
Solar Companies are facing multiple litigations before Revenue Courts (tehsildar/Dy.
Collector/collector/commissioner/Board of Revenue)/ District Courts due to disruption
of the traditional grazing routes of agro-pastoralist shepherd communities or
traditional easement rights on the project land or inadequate compensation for the
ROW or payment for Agriculture land acquired. Further, it has been observed that
the Solar Company in case of family disputes between original land owners.
To safeguard the Solar Project for its life cycle (25 years Plus) and to protect the
Directors & Promoters of the company from any challenges/surprises at the local
level TILA is providing Land Litigation Support Services, for Solar Project on
retainership basis.
Annual Land Audit of Solar Project Land
Multiple sale or lease transactions executed for the same parcel of land and related fraud may reduce the value of the Solar Project and challenge the title of the client. The Annual Audit will keep the Due Diligence of the project up to date for quick transaction, if needed. TILA has provided solutions to the Solar Generating Companies with Annual Land Audit of Solar Project Land by monitoring any changes in Land records from the Due Diligence through Annual Land Audit of Solar Project Land.