New Delhi: The CBI has alleged that some companies which were allotted coal blocks between 2006 and 2009 had "misrepresented" facts and made "fraudulent" claims to "embellish" their applications to get the allotments.

The agency also accused officials of Coal Ministry of entering into conspiracy and "wilfully" not scrutinising the documents to allow "undue advantage" for the companies in getting the blocks.

The CBI, in its four FIRs filed in a court here, has named private firms -- M/s Jas Infrastructure Capital Pvt Ltd (JICPL), M/s AMR Iron and Steel Pvt Ltd, M/s Vini Iron and Steel Udyog Ltd and M/s Navabharat Power Pvt Ltd-- as accused.

Besides these four firms, their directors along with some unknown public servants of the Ministry of Coal and Jharkhand and others have also been named in the FIRs lodged on September 3 after a preliminary enquiry which was initiated on the reference of the Central Vigilance Commission (CVC).

CBI told the court that a regular case has been registered under sections 120-B (criminal conspiracy) read with 420 (cheating) of the IPC and 13 (2) read with 13 (1) (d) of Prevention of Corruption Act 1988 against AMR Iron and Steel Pvt Ltd, Nagpur, its directors namely Arvind Kumar Jayaswal, Manoj Jayaswal, Ramesh Jayaswal, Devendra Darda, son of Vijay Darda alongwith unknown public servants of Minister of Coal and unknown others.

The agency, in its FIRs against JICPL, Vini Iron and Steel Udyog Ltd and Navabharat Power Pvt Ltd, has said that in order to "embellish its claim for allocation of coal block", these firms "fraudulently" claimed that they were having the required net worth to get the coal mines.

"Enquiry also revealed that officials of the Ministry of Coal in pursuance of criminal conspiracy, wilfully and purposefully, did not scrutinise the aforesaid documents regarding the false claims/concealment of facts by Navabharat Power Pvt Ltd and thus facilitated the company in getting undue advantage in allocation of the Rampia and Dip Side of Rampia Coal Blocks," the CBI said.  

Regarding AMR Iron and Steel Pvt Ltd, the CBI said the firm, in its application form for allocation of coal blocks, had "fraudulently" concealed the fact that its group companies had previously been allocated five coal blocks.

Detailing the allocation of coal blocks to AMR Iron and Steel Pvt Ltd, the agency said the Ministry of Coal had invited applications for allocation of coal blocks, including Bander coal block in Maharashtra having geological reserve of 126.105 million metric tonnes (MMT).

The CBI said that the 36th Screening Committee, which is headed by coal secretary, after concluding its deliberations on July 3, 2008, recommended allocation of Bander Coal Block jointly to J K Cement Ltd, M/s Century Textiles and Industries Ltd and AMR Iron and Steel Pvt Ltd for their proposed plants in Karnataka and Maharashtra respectively.

"The enquiry revealed that AMR Iron and Steel Pvt Ltd had misrepresented/concealed facts in its application form in order to qualify and obtain wrongful gains/undue benefits in connivance with unknown public servants," the FIR said.

It added, "The group companies of AMR Iron and Steel Pvt Ltd had previously been allocated five coal blocks as on the date of application. However, the company fraudulently and wilfully concealed the fact of previous allocations to the group companies with an object to avoid scrutiny on this count which would have weakened its claim."

It further said representatives of AMR Iron and Steel Pvt Ltd had attended a meeting on September 18, 2008 with Minister of State for Coal in his chamber and they claimed that it was not a part of the Jayaswal Group, but its equity was held by the Lokmat Group, M/s Abhijeet Infrastructure Ltd and IL&FS.

The company representatives also admitted in the meeting that it was allocated five coal blocks earlier, the CBI said.

"These facts regarding earlier allocation of coal blocks ...and the equity participation by IL&FS and Lokmat Group were concealed/misrepresented by AMR Iron and Steel Pvt Ltd in its application/feedback form," it said.

The CBI said despite taking note of earlier allocations to the AMR Iron and Steel Pvt Ltd group firms, the Union Coal Ministry officials "wilfully did not take the enquiry to its logical conclusion."

The CBI, in its separate FIR against Jas Infrastructure Capital Pvt Ltd, said the firm had applied for allocation of coal blocks, including Mahuagarhi coal block in Jharkhand having geological reserve of 220 MMT.

It said the Screening Committee recommended allocation of Mahuagarhi coal block jointly to Calcutta Electricity Supply Co Ltd (CESC) and JICPL for their proposed power plants in Jharkhand and West Bengal respectively.

The CBI said the Ministry of Power had recommended for allocation of Mahuagarhi coal block to M/s Maithan Power Ltd while it recommended allocation of Patal East block to JICPL.

It said that the Jharkhand government had not recommended JICPL for allocation of any coal block.

The FIR said JICPL fraudulently claimed the requisite net worth to show that it has met the pre-qualification criteria for allocation of coal block and also concealed the fact that its group firms were previously allocated seven coal blocks between 1999 to 2005.

"Therefore,regular case is registered under sections 120-B (criminal conspiracy) read with 420 (cheating) of the IPC and 13(2) read with 13(1)(d) of Prevention of Corruption Act 1988 against JICPL, its directors viz Manoj Kumar Jayaswal ... Abhishek Jayaswal...and Anand Jayaswal...along with unknown public servants of Ministry of Coal and other unknown persons," it said.

In its FIR against Navabharat Power Pvt Ltd, the CBI said the Ministry of Coal had invited applications for allocation of 38 coal blocks, including 15 for the power sector and 23 for non-power sector, through an advertisement in November 2006.

It said the 38 coal blocks included Rampia and 'Dip Side' of Rampia coal blocks in Orissa, having geological reserve of 645.235 MMT, which were to be allocated to the power sector.

The CBI said the Screening Committee recommended the allocation of these coal blocks jointly to six companies -- Sterlite Energy Ltd, GMR Energy Ltd, Lanco Group Ltd, Mittal Steel India Ltd, Reliance Energy Ltd and Navabharat Power Pvt Ltd for their proposed power plants.

It said, "The Ministry of Power had recommended allocation of Rampia block to Sterlite Energy Ltd and Vedanta Alumina Ltd and Dip Side of Rampia block to Monnet Ispat and Energy Ltd, Jindal Photo Ltd and Mittal Steel India Ltd."

"However, Navabharat Power Pvt Ltd had recommendations of Ministry of Power for allocation of Mandakini coal block in the state of Orissa. The government of Orissa had also recommended Navabharat Power Ltd for allocation of a coal block," it said.

The CBI said that after the allocation of coal blocks, the promoters and shareholders of Navabharat Power Pvt Ltd sold off their entire shareholdings in July 2010 to Essar Power Ltd and its subsidiary company at "huge profit of over Rs 200 crores."

"Therefore, a regular case is registered under sections 120-B (criminal conspiracy) read with 420 (cheating) of the IPC and 13(2) read with 13(1)(d) of Prevention of Corruption Act 1988 against Navabharat Power Pvt Ltd, its directors viz P Trivikrama Prasad ... Y Harish Chandra Prasad ... along with unknown public servants under Ministry of Coal and unknown others," the CBI said.

In its FIR against Vini Iron and Steel Udyog Ltd, the CBI said it had applied for allocation of coal blocks, including Rajhara North (central and eastern) coal block in Jharkhand having geological reserve of 17.09 MMT.

It said Vini Iron and Steel Udyog Ltd initially was not having recommendation of either the Ministry of Steel or the Jharkhand government but the then Jharkhand chief secretary, who had attended 36th Screening Committee meeting on July 3, 2008, had signed minutes of the committee which had recommended allocation in favour of Vini Iron and Steel Udyog.

The CBI alleged that Vini Iron and Steel Udyog Ltd had fraudulently claimed an inflated net worth and the ownership of the firm too "changed hands" during the intervening period of the 36th Screening Committee.

"Enquiry also revealed that change of ownership of the company coincided with the change of view of state government which was reflected in Jharkhand chief secretary consenting for allocation of Rajhara North (central and eastern) coal block in favour of Vini Iron and Steel Udyog Ltd," it said.

The CBI has registered the case under sections 120-B (criminal conspiracy) read with 420 (cheating) of the IPC and under various provisions of the Prevention of Corruption Act against Vini Iron and Steel Udyog Ltd, its directors -- Sanjeev Kumar Tulsyan, Prashant Tulsyan, Vaibhav Tulsyan, Nisha Tulsyan, Vimal Kumar Tulsyan, Nirmala Tulsyan and Hemant Kumar Aggarwal.

Besides them, Navin Kumar Tulsyan, a chartered accountant, along with unknown officials of Ministry of Coal and Jharkhand and others have also been arrayed as accused in the FIR.

(Agencies)

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