Introduction

The Ministry of Home Affairs (MHA) has issued an office memorandum dated July 3, 2026 (which has been recently published), introducing guidelines for national security clearance of solar, wind and hybrid energy projects in border areas (i.e., areas in proximity to the Line of Control (LOC), Line of Actual Control (LAC) and International Border) (Guidelines). Note that the Guidelines do not apply to the projects that have already received security clearance from MHA or an NOC from the Ministry of Defence (MoD) prior to the issuance of the Guidelines.

Key provisions of the Guidelines are as follows:

Restricted Area: No solar, wind or hybrid renewable-energy project activity will be permitted within 1 km of the International Border, LOC or LAC.

Mandatory Security Clearance: Projects proposed between 1 km and 50 km from International Border, LAC or LOC will require security clearance from MHA on a case-to-case basis.

MoD NOC: Projects proposed between 1 km and 20 km from International Border, LAC or LOC will additionally require a No Objection Certificate (NOC) from MoD on a case-to-case basis.

Centralised Approval Route: Developers and State Governments cannot directly approach the MHA or MoD. Applications must be routed through the Ministry of New and Renewable Energy (MNRE) after obtaining in-principle land-allotment approval from the concerned state government. The MHA is expected, as far as possible, to decide security-clearance applications within 60 days.

Foreign Investment: If the proposed project involves foreign investment, a separate application is required to be submitted to Department for Promotion of Industry and Internal Trade (DPIIT) in accordance with the Foreign Direct Investment Policy.

Restriction on transfer of land to foreign companies: Project implementation applicant cannot transfer land to any foreign company without prior approval from the Central government, including security clearance from the MHA.

Height Restrictions: Civil infrastructure for O&M of the projects in sensitive areas (i.e., within 50 km of the LOC, LAC or International Border) will be subject to the following height restrictions:

1. between 1km to 8 km from LOC/LAC/ International Border – up to 3 metres;
2. between 8 km to 20 km from LOC/LAC/ International Border – up to 5 metres; and
3. between 20 km to 50 km from LOC/LAC/ International Border – up to 15 metres.
4. These height restrictions do not apply to project infrastructure such as wind turbines.

Authors: Akshay Malhotra – Partner and Kopal Bhargava – Associate

Disclaimer: This alert only highlights key issues and is not intended to be comprehensive. The contents of this publication do not constitute any opinion or determination on, or certification in respect of, the application of Indian law by Talwar Thakore & Associates (“TT&A”). No part of this publication should be considered an advertisement or solicitation of TT&A’s professional services.