Solar and wind projects are often described as needing no environmental approvals. That is only partly true. Most solar and wind power plants are not listed in the EIA Notification, 2006, so they do not need prior environmental clearance in the ordinary case, and solar photovoltaic and wind power generation have been placed in the white category, exempt from consent under the November 2024 notifications. But renewable projects use large areas of land, cross forests and wildlife habitats with transmission lines, generate waste in the form of panels and batteries, and depend on state land, revenue and electricity approvals. Getting these wrong can halt a project.
The most prominent example is the Great Indian Bustard case, in which the Supreme Court had to balance the protection of a critically endangered bird with the country's renewable energy goals in Rajasthan and Gujarat, and in March 2024 set up an expert committee and recognised a right against the adverse effects of climate change. This page explains the environmental issues renewable energy developers face, from site selection to end of life, and how to manage them.
हिंदी में सारांश
सोलर और विंड पà¥à¤°à¥‹à¤œà¥‡à¤•à¥à¤Ÿ आम तौर पर EIA अधिसूचना की सूची में नहीं हैं, इसलिठसामानà¥à¤¯à¤¤à¤ƒ परà¥à¤¯à¤¾à¤µà¤°à¤£ मंज़ूरी (EC) नहीं चाहिà¤, और सोलर PV व विंड पावर को वà¥à¤¹à¤¾à¤‡à¤Ÿ कैटेगरी माना गया है, जिनà¥à¤¹à¥‡à¤‚ नवंबर 2024 से कंसेंट की ज़रूरत नहीं। लेकिन ज़मीन, वन à¤à¥‚मि, टà¥à¤°à¤¾à¤‚समिशन लाइन, वनà¥à¤¯à¤œà¥€à¤µ (जैसे गà¥à¤°à¥‡à¤Ÿ इंडियन बसà¥à¤Ÿà¤°à¥à¤¡ पर सà¥à¤ªà¥à¤°à¥€à¤® कोरà¥à¤Ÿ का 2024 का फ़ैसला) और सोलर पैनल व बैटरी कचरे के नियम लागू होते हैं। इनà¥à¤¹à¥‡à¤‚ नज़रअंदाज़ करने पर पà¥à¤°à¥‹à¤œà¥‡à¤•à¥à¤Ÿ रà¥à¤• सकता है।
Is this your situation?
- You are developing a solar park, wind farm or hybrid project
- Your project land includes forest, common land or grazing land
- Your transmission line crosses forest or wildlife habitat
- Your project is in the Great Indian Bustard area of Rajasthan or Gujarat
- You are adding battery energy storage to a project
- You need to plan for solar panel waste and EPR
- You face objections from villagers or conservation groups
Renewable approvals at a glance
EC usually not needed
Solar and wind plants are generally outside the EIA schedule; check associated works and state rules.
Consent exemption
Solar PV and wind power generation have been white category, exempt from consent since November 2024.
Land
Revenue land, lease, conversion, ceiling and common land issues under state law.
Forest and wildlife
Forest clearance for forest land; wildlife and ESZ checks near protected areas.
Transmission lines
Forest clearance and wildlife mitigation, including the Great Indian Bustard orders.
End of life
Solar module and battery waste under the E-Waste and Battery Rules.
Land: the first and biggest issue
Utility-scale solar needs four to five acres per megawatt, and wind farms spread over large areas. Land is usually leased or purchased from farmers, or allotted by state governments in solar parks. Issues include conversion of agricultural land to non-agricultural use, ceiling limits on landholding, restrictions on purchase of tribal land, and the status of common land such as grazing land and village commons, which communities use and which courts have protected in some cases. Some land shown as revenue wasteland may in fact be forest under the broad meaning applied by the Supreme Court, or may be habitat for protected species.
Due diligence on land should check title and revenue records, forest status, proximity to protected areas and ESZs, wetlands and water bodies, and any community use. A project built on land that turns out to be forest, or on grazing land without proper process, faces challenges that can stop it after significant investment. See environmental due diligence.
The Great Indian Bustard case
The Great Indian Bustard is a critically endangered bird found mainly in Rajasthan and Gujarat, and collisions with overhead power lines are a major cause of its deaths. In April 2021, the Supreme Court in M.K. Ranjitsinh v Union of India directed that overhead lines in the bird's priority and potential habitat be placed underground where feasible and bird diverters be installed on existing lines. The order affected a large area of the country's best solar and wind resource. In March 2024, the Court modified the earlier directions, recognising the practical difficulties of undergrounding high-voltage lines, set up an expert committee to identify the area where restrictions should apply and the measures needed, and recognised a right against the adverse effects of climate change as part of the rights to life and equality.
Developers in western Rajasthan and Kutch must follow the current directions and the committee's recommendations as accepted by the Court, including bird diverters and routing of lines. Check the latest orders before finalising transmission routes, because they continue to evolve.
Transmission lines and forest land
Transmission lines connecting projects to the grid often cross forest land. Forest clearance under the Van (Sanrakshan Evam Samvardhan) Adhiniyam is required for forest stretches, with compensatory afforestation and payments, though the procedure for linear projects has specific provisions. Lines near protected areas may need wildlife clearance, and lines through elephant or bird habitats are expected to include mitigation measures. Right of way compensation for land under the towers and corridor is a separate issue under the electricity laws and state policies. See forest clearance and eco-sensitive zones.
How to manage renewable project approvals
Screen the site
Forest, protected areas, ESZ, wetlands, bustard habitat and community land.
Confirm the approval list
EC for associated works, consent exemption status, state approvals.
Secure the land properly
Lease or purchase with conversion and community process as required.
Plan the evacuation route
Transmission route with forest and wildlife approvals and mitigation.
Build in waste planning
Solar module and battery storage and recycling arrangements.
Engage locally
Address community concerns early to avoid litigation.
Battery storage and hybrid projects
Battery energy storage systems are increasingly paired with solar and wind. They raise questions of fire safety, siting near habitation, handling of hazardous substances, and end-of-life obligations under the Battery Waste Management Rules, 2022. Developers importing battery systems may have producer obligations as importers. Large battery installations may also need fire and safety approvals, and some states and boards may impose conditions. Planning for these at the design stage avoids delays at commissioning. See battery EPR.
Solar panel waste
Solar photovoltaic modules and cells are dealt with under a separate chapter of the E-Waste (Management) Rules, 2022, which requires manufacturers and producers to register, store waste solar modules and cells as specified, and hand them over to registered recyclers, with reporting. Developers replacing damaged or degraded panels should ensure that removed panels go only to registered recyclers, and should keep records. With large solar capacity reaching the end of its life in coming decades, this obligation will grow. Purchase contracts for modules should address take-back and recycling responsibilities. See e-waste EPR.
Hydro, biomass and waste-to-energy
Not all renewable energy is exempt. Hydroelectric projects above specified capacity need environmental clearance and often forest clearance, and small hydro may be regulated by state rules. Biomass power plants and waste-to-energy plants generate emissions and ash, need consent under the Air and Water Acts, and some need EC. Compressed biogas plants need consent and must manage digestate and effluent. Developers moving into these technologies should not assume the solar and wind exemptions apply.
Time and typical cost
Our fees are agreed in writing at the start, stage by stage. They are not linked to the outcome.
| Stage | Usual time | What it involves |
|---|---|---|
| Site screening | 1 to 3 weeks | Our fee; GIS and records review |
| Land due diligence | 2 to 6 weeks | Our fee; title searches |
| Forest clearance for lines | Months | Proposal, inspection, payments |
| Wildlife mitigation design | Weeks | Consultant's fee |
| Waste planning | With procurement | Contract terms |
Renewable technologies and typical approvals
| Technology | Typical environmental approvals |
|---|---|
| Solar PV | Generally no EC or consent; land, forest and wildlife checks |
| Wind | Generally no EC or consent; forest for land and lines; bird and bat concerns |
| Battery storage | Battery Rules obligations; fire and safety; siting conditions |
| Hydro | EC above thresholds; forest clearance; state rules |
| Biomass and waste-to-energy | Consent; EC for some; ash and waste management |
| Compressed biogas | Consent; effluent and digestate management |
Documents usually needed
Site
- Land records and lease or purchase documents
- Forest and protected area maps
Project
- Layout and capacity
- Transmission route
- Equipment specifications
Approvals
- State nodal agency approvals
- Forest and wildlife proposals
- Waste and EPR registrations
Laws that apply
Projects needing EC, generally not solar or wind plants.
White category exemption from consent.
Forest and wildlife approvals for land and lines.
End-of-life obligations for panels and batteries.
How we work
We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad). This is what you can expect:
- Site screening first: forest, wildlife and community land.
- Approval list confirmed: no assumptions.
- Transmission routes checked: against forest and bustard orders.
- End-of-life planned: panels and batteries.
- Written fee terms: agreed stage by stage, never linked to the outcome.
Mistakes we see with renewables
- Assuming no environmental approval of any kind is needed
- Leasing grazing land without community process
- Finalising transmission routes before checking bustard orders
- Ignoring battery and panel waste obligations
- Treating hydro and biomass like solar
A solar park on mixed land
Here's a made-up example. A developer leased 900 acres in Rajasthan for a solar project. Our review found that 60 acres were recorded as grazing land used by nearby villages and 20 acres had been notified as forest decades earlier.
The developer redesigned the layout to exclude the forest land and engaged with the gram panchayat on the grazing land, ultimately excluding it as well and leasing replacement land. The project proceeded without challenge.
A wind farm's transmission route
Here's a second made-up example. A wind developer in Kutch planned an overhead line through an area identified as potential Great Indian Bustard habitat.
We reviewed the Supreme Court's orders and the expert committee's recommendations, and advised a revised route with bird diverters on the stretch that remained in the area. The developer obtained the required approvals and avoided a likely challenge.
Frequently Asked Questions
Do solar plants need environmental clearance?
Generally no, as they are not in the EIA schedule, but check associated works and state rules.
Do solar plants need consent to operate?
Solar PV has been white category, exempt from consent since November 2024.
What about wind farms?
Similar to solar, but forest and wildlife issues are common.
What is the Great Indian Bustard case?
A Supreme Court case on power lines in the bird's habitat in Rajasthan and Gujarat, with orders in 2021 and 2024.
Do transmission lines need forest clearance?
Yes, for stretches over forest land.
Can grazing land be used for solar?
Only with proper process under state law; community land raises risks.
Do battery storage systems have obligations?
Yes, under the Battery Waste Management Rules and safety rules.
What happens to old solar panels?
They must go to registered recyclers under the E-Waste Rules.
Do hydro projects need EC?
Above specified thresholds, yes.
Do biomass plants need consent?
Yes, under the Air and Water Acts.
Can villagers challenge a renewable project?
Yes, on land, forest or environmental grounds, which is why early engagement matters.
Do you handle land due diligence?
Yes, from the environmental and land-use perspective.
Developing a Renewable Project?
Send us the site and route details. We will screen them and set out the approvals.
This page gives general information about environmental law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Environmental rules, EPR targets, GRAP measures and board procedures change often, so check the current position for your unit or project before acting.
Need help with Environmental Approvals for Solar, Wind and Storage Projects?
Send us the notice, the order or a few photos. We'll tell you where you stand, which authority or NGT bench deals with it and when the next step is due, in plain words.
