MNRE extends timelines for RE projects delayed by GIB case

The Ministry of New and Renewable Energy (MNRE) has issued an order granting time extensions to renewable energy projects delayed due to the Supreme Court case related to the Great Indian Bustard (GIB). The relief applies to projects located in Rajasthan and Gujarat that were affected by delays in securing statutory approvals for overhead power lines.

The order, dated January 12, 2026, has been addressed to key Renewable Energy Implementing Agencies. These include Solar Energy Corporation of India Limited (SECI), NTPC Limited, NHPC Limited, and SJVN Limited. MNRE has directed these agencies to treat delays in obtaining approvals under Section 68 of the Electricity Act, 2003 as a force majeure event.

The delay is linked to Writ Petition (C) No. 838 of 2019 before the Supreme Court, which concerns measures for the protection of the endangered Great Indian Bustard. Between March 21, 2024 and December 19, 2025, the date of the final judgment, developers were unable to obtain Section 68 approvals for overhead transmission lines in designated GIB habitats.

MNRE has instructed the Renewable Energy Implementing Agencies (REIAs) to grant extensions to the Scheduled Commissioning Date or Scheduled Commencement of Supply Date, as applicable. The extension period will be equal to the actual delay, calculated from the later of the date of application for Section 68 approval or March 21, 2024, up to December 19, 2025.

To qualify for the extension, developers are required to submit documentary evidence demonstrating the delay. They must also provide a formal undertaking to the concerned REIA confirming full compliance with all Supreme Court orders and expert committee directions related to the GIB case for any project infrastructure located within the bird’s habitat.

The order also provides for extensions of intermediate project milestones. Developers have been encouraged to pass on the benefit of the extended timelines to their engineering, procurement and construction contractors and equipment suppliers. MNRE has clarified that the relief does not apply to projects whose original commissioning date was prior to March 21, 2024. Any extension granted will also be adjusted to avoid overlap with extensions already approved for other reasons. Projects that did not apply for Section 68 approval before December 19, 2025 will not be eligible.

In addition, MNRE has requested the Ministry of Power to issue corresponding orders to ensure that no penalties are imposed for extended Grant of Connectivity or Network Access periods and that Inter State Transmission System charge waivers continue for the extended duration. Similar coordination has been sought with the Central Transmission Utility of India Limited (CTUIL).

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