Law of Infrastructure
Hidayatullah National Law University · LL.B. Semester 7 · --
Unit I — INFRASTRUCTURE SECTOR: CONCEPT, EVOLUTION AND CONSTITUTIONAL
FRAMEWORK · Definition of infrastructure, its role in economic growth and the shift from public monopolies to privatization. · Legislative competence under the seventh schedule (entries regarding Railways; ports, Highways, telecom and electricity) · Eminent Domain, doctrine of public trust and land acquisitions laws specifically the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement. · Social Impact Assessment. · Requirement of consent in the case of certain acquisitions, compensation, rehabilitation and resettlement.
Unit II — Public – Private Partnerships (PPP)
BOT (Build-operate-Transfer), BOO (Build-Own-Operate), BOLT and DBFO (Design-Build- Finance-operate). · Concession agreements: Legal nature, risk allocation, concession periods, and force Majeure or change-in-law clauses. · Procurement and Bidding: Tendering process, transparency in public procurement and judicial review of administrative tender allocation.
Unit III — The Electricity Act, 2003: De-Licensing of generation, transmission,
Electricity and distribution, and open access principles. Energy Sector • Legal framework. Regulation nit I • Licensing framework. · Regulatory Mechanism: Structure, power and Jurisdictions of the central electricity regulatory commission and state electricity regulatory commissions. · Appellate Forum: Appeals to the Appellate Tribunal for Electricity · Oil, Petroleum and Natural Gas: Reforms, policies and legal framework- New Exploration Licensing Policy (NELP). · Production sharing contracts- the petroleum regulatory and natural gas Board Act- the emerging regulatory reforms.
Unit IV — Telecommunications and Information Technology
Statutory Framework: Regulatory Transformation and telecommunications. · The role of the telecom regulatory Authority of India · The National telecom policies- the legal framework- regulatory agencies- functioning, power and functions of TRAI and TDSAT · Spectrum Management: National policies on spectrum allocation, licensing and pricing. · Dispute Settlement: Jurisdictions of the telecom dispute settlement and appellate tribunal.
Unit V — Transport & Real Estate Sector with Environmental Law Interfaces (Highways,
ports and Airports) · Law, policy and reforms relating to Airports-Railways-Road -Port · National Highways Act, National Highways Authority of India (NHAI) and toll collection mechanics. · Major ports Authority Act, Airports privatization and the role of the Airports Economic Regulatory Authority (AERA) · Infrastructure Projects vs. Environmental protections. · Environment Impact Assessment (EIA) notifications, forest conservation, and coastal Regulation Zone (CRZ) rules. · Special Statutory tribunals, the National Green Tribunal and Fast-tracked arbitration in commercial construction dispute. · Real Estate: The Real Estate (Regulation and Development) Act, 2016