The Ministry of New & Renewable Energy (MNRE) has issued a major order providing relief to renewable energy developers who faced delays due to legal proceedings related to the Great Indian Bustard (GIB). The order, dated January 12, 2026, directs implementing agencies such as SECI, NTPC, NHPC, and SJVN to grant time extensions for the Scheduled Commissioning Date (SCD) of projects affected by delays caused by the Supreme Court case. This move is aimed at reducing the impact of unavoidable delays on the renewable energy sector.
The issue arises from a long-standing legal case, W.P.(C) 838/2019, which involved the overhead laying of power transmission lines in GIB habitats across Rajasthan and Gujarat. While expert committees were formed by the Supreme Court to examine the matter, a final judgment was delivered only on December 19, 2025. During the period from March 21, 2024, to the judgment date, many developers were unable to secure approvals under Section 68 of the Electricity Act, 2003, which is necessary for project commissioning. Recognizing this delay as beyond the developers’ control, the Ministry has classified it as a “Force Majeure” event.
Under the new guidelines, the extension period will be calculated from either the date a developer applied for Section 68 approval or March 21, 2024, whichever is later, up to December 19, 2025. This relief applies to renewable energy projects where the implementing agency acts as an intermediary procurer. To avail the benefit, developers must submit a formal application with supporting documents to their respective implementing agency. They are also required to provide an undertaking to comply with all Supreme Court directions and expert committee recommendations regarding GIB protection, especially if their transmission lines pass through GIB habitats.
The order outlines several specific conditions. Implementing agencies must extend timelines for intermediate project milestones in line with the overall extension. Developers are encouraged to pass these benefits to EPC contractors, equipment suppliers, and original equipment manufacturers. Projects with SCDs before March 21, 2024, are not eligible for this relief. Additionally, developers who did not apply for Section 68 approval before the final judgment date are ineligible. Any overlap with extensions granted under other arrangements will be adjusted in the total extension period.
Beyond project timelines, MNRE has requested the Ministry of Power and the Central Transmission Utility (CTUIL) to offer additional support. This includes extending connectivity and General Network Access (GNA) without penalties and continuing Inter-State Transmission System (ISTS) waivers for the extended period. The directive is intended to help developers manage financial and operational risks arising from these unavoidable legal delays while ensuring compliance with environmental protections for the Great Indian Bustard.
This order is seen as a critical step to support renewable energy developers in India, helping them maintain project timelines and investor confidence despite challenges caused by legal and environmental complexities.
Discover more from SolarQuarter
Subscribe to get the latest posts sent to your email.
