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Greasing the Wheels

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during <strong>the</strong> year ended March 31, 2013. 85 The consequence of this is that <strong>the</strong> holdings<br />

remain off <strong>the</strong> books of any publicly listed entity.<br />

Environmental track record - Adani Ports and Special Economic Zone Ltd<br />

Adani has a poor environmental track record in its overseas operations, which has<br />

implications for its suitability to operate in Australia. In Mundra, India, Adani Ports and<br />

Special Economic Zone Ltd operates one of <strong>the</strong> world’s largest coal fired power<br />

stations, toge<strong>the</strong>r with a port and special economic zone. The company has an alleged<br />

history of disregarding environmental regulations, leading to <strong>the</strong> Indian Ministry of<br />

Environment and Forests issuing a notice in 2010 asking it to show cause why its<br />

environmental approval should not be cancelled. 86 The Ministry found violations of <strong>the</strong><br />

company’s environmental approval, coastal zone regulation, and a Coastal Zone<br />

Management Plan (which is in place since 1996) 87 . This resulted in destruction of<br />

mangroves and obstruction of creeks and <strong>the</strong> tidal system due to large-scale coastal<br />

reclamation. 88 This destruction continued until <strong>the</strong> mangrove forests had vanished and<br />

local creeks had disappeared. 89<br />

Pricing overvaluation and fraud allegations<br />

Both <strong>the</strong> company Adani Enterprises and <strong>the</strong> individual Vinod Adani have been<br />

involved in allegations of pricing overvaluation and fraud. 90<br />

Adani Enterprises is one of six Adani subsidiaries named in an investigation over a $4.4<br />

billion pricing overvaluation scandal involving imported coal from Indonesia. The<br />

Directorate of Revenue Intelligence claims that companies were charging higher tariffs<br />

based on <strong>the</strong> artificially inflated costs of <strong>the</strong> imported coal, and siphoning off <strong>the</strong> profit<br />

overseas. 91<br />

85<br />

http://www.adaniports.com/Common/Uploads/AnnualReportTemplate/30_AReport_Annual%20Repo<br />

rt.pdf<br />

86<br />

Ministry of Environment and Forests, Show Cause Notice under Section 5 of Environment (Protection)<br />

Act, 1986 for violation of <strong>the</strong> provisions of <strong>the</strong> Coastal Regulation Zone Notification 1991 by M/s<br />

Mundra Port & SEZ Ltd (15 December 2010), paragraphs 1-19<br />

87 Ibid.<br />

88<br />

Ibid.<br />

89<br />

Report of <strong>the</strong> Committee for Inspection of M/s Adani Port & SEZ Ltd, Mundra, Gujarat (April 2013),<br />

available at http://www.moef.nic.in/sites/default/files/adani-report-290413.pdf (accessed 22 January<br />

2015).<br />

90 See footnote 95 and 97 below<br />

91 The Guardian, 7 th April 2016, ‘Adani being investigated for alleged involvement in US$4.4bn coalpricing<br />

scandal’, http://www.<strong>the</strong>guardian.com/business/2016/apr/07/adani-being-investigated-foralleged-involvement-in-us44bn-coal-pricing-scandal<br />

<strong>Greasing</strong> <strong>the</strong> <strong>Wheels</strong> 28

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