Legal Analysis of Build Operate and Transfer (BOT) Projects in Indian Public Infrastructure

These days Public-Private-Partnership (PPP) and Build Operate and Transfer (BOT) model is attracting the interest of growing thrust towards privatization and private sector participation in the development of public infrastructure projects in India. Since, 1990’s economic liberalization the Government of India (GOI) has adopted the BOT project contractual arrangement for developing infrastructure projects like sewage, highways, ports, and railways. For successful implementation of PPP and BOT schemes, the process amidst many variables and unknown complex issues arises in the long term. This paper discusses the past and undergoing BOT projects with their legal practices in Indian infrastructure development. In addition, the United Nations Industrial Development Organization (UNIDO), BOT guidelines are tried to be examined. The purpose of this paper is to understand the legal policy framework in Indian public infrastructure development through the BOT model. This paper explores questions related to the BOT guidelines of UNIDO in the implication of the BOT technical way of infrastructure development. It concludes that the BOT model could be used as a mechanism to provide an opportunity to finance in Indian infrastructure projects. It also suggests some necessary preparatory measures firstly, on BOT legal and regulatory framework and policies. Further, it discusses the complexity and the risks in the way of successful implementation of the BOT model in Indian infrastructure projects