On 15th October, Bharatiya Janata Party (BJP) Lok Sabha MP Nishikant Dubey levelled serious allegations against Trinamool MP Mahua Moitra. Based on the complaint filed by advocate Jai Anant Dehadrai, Dubey alleged that businessman Darshan Hiranandani paid for most of the questions asked by Moitra in the Lok Sabha in cash and gifts.
OpIndia accessed a copy of the complaint filed by adv Dehadrai and cross-checked the questions mentioned in the list that Dehadrai alleged were to benefit Hiranandani. Here is what these questions were and how they could have benefited the Hiranandani Group.
Regarding Paradip Port targeting MoU between Adani, GAIL and IOC-H-Energy
The first question asked by Mahua Moitra was in July 2019 regarding Paradip port. The question targeted the MoU between Adani, GAIL and IOC-H-Energy. It was alleged that a Hiranandani group company was an interested party as it won a bid for the Paradip natural gas pipeline. [PDF of the question]
In the question to the Ministry of Petroleum and Natural Gas, Moitra asked to clarify the circumstances surrounding Gas Authority of India Limited (GAIL) initially signing an MoU with Paradip Port Trust for a gas terminal. It was later abandoned in 2015. Furthermore, she sought information regarding GAIL and Indian Oil Corporation Limited (IOC)’s partnership with a private entity to acquire stakes in Dhamra Port, which was significantly costlier than the Paradip Port project.
The ministry informed GAIL that it conducted a feasibility study in 2012 to establish an FSRU project on the east coast of India. Two potential locations near Dhamra Port and Paradip Port were shortlisted. An MoU was signed with Paradip Port Trust in 2013, but in 2015, it was decided that setting up two competing LNG terminals in such close proximity would not be financially viable. A non-binding MoU was signed in 2016 between Adani Petroleum Terminal, Dhamra LNG Terminal, IOCL, and GAIL. Still, the MoU expired in 2018 and did not involve capital expenditure from GAIL and IOCL.
Regarding service quality of telecom service providers
In November 2019, Moitra asked a question about the service quality of telecom service providers. Notably, a Hiranandani company named Yotta had hired a Jio executive a day after the question was raised. [PDF of the question]
In her question, she asked the ministry to provide the stats on the quality of the service offered by the Telecom Service Providers (TSPs) in India. The information was sought for the past three years, broken down by state, UT and TSP. She also sought historical data on call drop rates along with the percentage of calls with good voice quality classified by TSP and location.
TRAI has been monitoring telecom service providers through Quality of Service regulations. They now assess the performance of Cellular Mobile Services together for a License Service Area. The ministry provided detailed statistics for the last three years.
Regarding the handling capacity of Kolkata Port Trust
In November 2019, Moitra asked a question regarding the handling capacity of Kolkata Port Trust. Notably, the Hiranadani group had entered into a MoU with KPT, and therefore, it was an interested party in the matter. [PDF of the question]
She asked the Ministry of Shipping to provide details on the cargo volume and revenue that KPT earned categorised by cargo type. Furthermore, she sought information regarding the measures that were in place or planned by KPT to promote port development alongside Hooghly waterfront.
The ministry shared revenue details and clarified that the Kolkata Port Trust’s conservancy jurisdiction extends up to 45.7 meters from the high-water mark during Spring Tide. However, not all of this area is owned by the port trust. The port trust has developed facilities in Haldia, Salukkhali, and Howrah and encourages private entities to use their riverfront land for shipbreaking at Kulpi.
Regarding check posts along the India-Bangladesh border
In December 2019, Moitra asked the Ministry of Home Affairs about the check posts alongside the India-Bangladesh border. Notably, the Hiranandani Group has a significant investment in Bangladesh, making the group an alleged beneficiary in the query. [PDF of the question]
The MP asked the ministry to provide information on the expansion of integrated check posts between West Bengal and Bangladesh. She also asked to include information on the progress of each project. Furthermore, she sought information regarding the status of the agreement between India and Bangladesh to enable the free movement of trucks to enhance trade.
The ministry informed that India established an Integrated Check Post (ICP) at Petrapole in West Bengal in Feb 2016. The government approved five more ICPs in Dec 2018. The ICPs are to be established at Ghojadanga, Changrabandha, Fulbari, Mahadipur, and Hili. The West Bengal government assessed land availability. In June 2015, Bhutan, Bangladesh, India, and Nepal signed a Motor Vehicle Agreement to facilitate vehicle movement.
Regarding the agreement between a private entity, Paradip Post and GAIL
In December 2019, she raised a question regarding the agreement between a private entity, Paradip Port and GAIL. She questioned if the CVC guidelines were followed for the tendering process. Notably, the allegations were repeated in the Hindenburg report. Furthermore, the Hirandani Group has been trying to connect ports on the east coast with Bangladesh. The presence of Adani Group, the private entity, in the area hinders Hiranandani’s plans. [PDF of the question]
Her inquiry aimed to gather information on whether any agreements worth Rs. 46,500 crore were made with a private entity after long techno-commercial negotiations. If such agreements exist, she asked for the name of the entity and the procurement guidelines of the Central Vigilance Commission (CVC) that were followed. Furthermore, she sought details on an agreement between GAIL and the government-owned Paradip Port for a Rs. 2,500 crore project, including the reasons behind the agreement.
The Ministry informed that Central Public Sector Enterprises (CPSEs) needed to follow the government, Department of Public Enterprises, and Central Vigilance Commission (CVC) guidelines while awarding contracts or making agreements. However, in the case of GAIL, there was no binding agreement signed with the Board of Trustees of the Paradeep Port Trust (PPT) for the project. Instead, a non-binding Memorandum of Understanding (MoU) was signed on 26th October 2013, which later expired on 26th January 2017.
Regarding KPT’s jurisdiction on waterway
In March 2020, Moitra asked another question regarding Kolkata Port Trust. Hiranandani Group has an agreement with the KPT. [PDF of the question]
In her question, she sought information regarding the jurisdiction of KPT over a substantial waterway. She questioned if the policies and procedures of KPT hindered the development of ports alongside the Hooghly River Waterfront. She also asked if KPT had limited land for the future development of the ports and what steps the Ministry of Shipping was taking to ensure KPT and the Inland Waterways Authority of India were aligned to promote development in the area.
The ministry informed that Kolkata Port Trust has enough land for further port activities, and it’s strategically located on National Waterway-1. Over three years, they awarded 14 projects worth Rs 1,902.95 crores, increasing its capacity to 82.57 MTPA. It generated a net surplus of Rs 65 crores after a 10-year gap.
Regarding 5G readiness in the country
In February 2021, she asked a question about the 5G readiness of the country. Notably, Hiranandani Group’s company Yotta had applied for a Global Mobile Personal Communications by Satellite license, making it an alleged direct beneficiary of the question. [PDF of the question]
In her question, she asked the Ministry of Communication to provide information on India’s 5G readiness and the expected timeline for the nationwide rollout of the services. Furthermore, she asked for the details of the availability of the necessary fibre network and steps taken by the government to establish a nationwide fibre optics network for the rollout of 5G services, including in rural areas.
The ministry informed that the 5G services rollout was planned gradually, utilizing the existing optical fibre cable network. Telecom Service Providers and Infrastructure Providers Category-I were responsible for laying optical fibre cables and acquiring spectrum through auctions based on their business strategies. The government simultaneously implemented the BharatNet Project for high-speed broadband connectivity in rural areas.
Regarding details of the proposed energy codes
In February 2021, she asked the Ministry of Environment, Forest, and Climate Change about the proposed energy codes that directly impacted the construction business of Hiranandani Group. [PDF of the question]
In her question, she asked the ministry about the objectives of the India Cooling Action Plan, including implementing building energy codes. Details on the costs, impacts, and timeline for new standards were sought.
The ministry informed that the India Cooling Action Plan (ICAP) aimed to reduce cooling demand through better technology, refrigerant transition, and energy efficiency over 20 years. ICAP recommended integrating relevant ECBC provisions in commercial buildings and promoting ECBC-R in housing projects for thermal comfort. As of Dec 2020, 17 States/Union Territories incorporated ECBC into bylaws and were expected to save 150 bn units by 2037-38.
Regarding FPI Investment
In July 2021, she asked the Ministry of Finance about the Foreign Portfolio Investors (FPIs) holding stakes in Adani Group companies. Notably, it led to the SEBI investigation against the Adani Group. It has been alleged that the instructions for the question came directly from Hiranandani to the MP. [PDF of the question]
The Minister of Finance was asked to disclose the ultimate beneficial ownership of FPIs holding stakes in Adani Group companies. The inquiry also asked for information on the ongoing investigations, if any, of FPIs or Adani entities by regulatory authorities such as SEBI, IT, ED, DRI, or MCA for potentially suspicious transactions. The request also sought clarification on the status of three frozen funds: ALBULA INVESTMENT FUND LTD, CRESTA FUND LTD, and APMS INVESTMENT FUND LTD, with specific reference to their status in the case of Adani companies.
The Ministry informed that as of 30th June 2021, six Adani Group companies were traded on Indian stock exchanges. The holdings of FPIs in these companies were subject to daily fluctuations. SEBI was investigating certain Adani Group companies for compliance with regulations, while the DRI was investigating specific entities associated with the group. No investigations were reported under the Income Tax Act, and the ED was not conducting any investigations. SEBI issued an order in June 2016 directing depositories to freeze specific beneficiary accounts of certain FPIs, including Albula Investment Fund Ltd., Cresta Fund Ltd., and APMS Investment Fund Ltd., concerning issuances of GDRs. No such order had been issued for other beneficiary accounts of these three FPIs.
Regarding Solar Energy Corporation of India’s tenders
In July 2021, she asked the Minister of New and Renewable Energy about the tenders of the Solar Energy Corporation. It has been alleged that the question aimed to benefit Hiranandani Group’s company, Yotta, to power data centres through renewable energy in 2020. [PDF of the question]
In her question, she asked for information about the Solar Energy Corporation of India (SECI) issuing tenders for Round-the-Clock (RTC) green power, related explicitly to coal-combined renewable energy as opposed to natural gas-combined renewable energy. Furthermore, she asked for the details and reasons for this preference. Additionally, she asked about the government’s plans for a comprehensive green transition strategy with a specific focus on green power and asked to provide related details.
The Ministry informed that SECI issued a tender for Round-The-Clock power, combining renewable and non-renewable power. The government aims to achieve 175 GW of renewable power by 2022 with a year-wise trajectory for Renewable Purchase Obligation to support the green power transition.
Regarding steps taken by the government to control the prices of steel
In July 2021, Moitra asked the Ministry of Steel about the steps taken by the government to control the prices of steel in the country. Notably, Hiranandani’s real estate business was a direct beneficiary of a lower steel price. [PDF of the question]
She asked the ministry to outline the government’s actions to reduce steel prices and make it more affordable. They also asked about measures to lower the prices of raw materials, discourage exports, and encourage domestic use. Finally, they inquired about potential tariff reductions on steel imports if price increases persist.
The ministry informed that the steel sector was deregulated, allowing companies to make commercial decisions regarding production and trade. The government had taken steps to improve the availability of iron and steel, including mining reforms and increasing steel production. In the 2021-22 Union Budget, customs duties on steel products were reduced, and anti-dumping and countervailing duties on specific steel products were revoked or temporarily revoked.
Regarding city-wise gas distribution coverage
In August 2021, Moitra asked the Ministry of Petroleum and Natural Gas about the city-wise gas distribution coverage. Notably, Hiranandani Group has a direct interest in the sector. [PDF of the question]
She asked the ministry for information regarding the demand for natural gas. Specifically, details about the City Gas Distribution-Bid-5, 6, 7, 8, and 9 of PNG home connections and CNG stations, as well as penalty system for deficiencies, and expected dates for a unified tariff nationwide and removal of price caps on gas marketing.
The ministry provided details on the GA and entity-specific details of CGD networks authorized in rounds 5-9. Non-compliance can result in penalties under regulations detailed were also provided. The ministry said that the Board can determine expansion exclusivity transparently and protect consumer interests. Furthermore, Unified tariff regulations were notified on 23rd November 2020, and the ministry said the price ceiling would remain as they were.
Regarding details of the gas pipeline by IOC, GAIL and H-Energy from West Bengal to Bangladesh
In August 2021, she asked the Ministry of External Affairs for information on IOC, GAIL and H-Energy gas pipelines from West Bengal to Bangladesh. A Hiranandani Group company, H-Energy, was an interested party in the pipeline. [PDF of the question]
She asked the ministry to provide information on the latest status of the proposed Shikarpur Integrated Check Post (ICP) in Karimpur, West Bengal. Furthermore, she questioned whether any other ICP was under development in West Bengal and if IOC, GAIL, and H-Energy were granted approvals by the PNGRB to construct a natural gas pipeline to the Bangladesh border, with the approval details in each case.
The ministry replied that seven locations in West Bengal – Phulbari, Panitanki, Jaigaon, Ghojadanga, Mahadipur, Hili, and Changrabandha – were selected as potential Integrated Check Post (ICP) sites instead of Shikarpur in Nadia District. However, land acquisition is still pending for construction by the Land Ports Authority of India. In July 2019, Hoogly Pipelines Private Limited was authorized by the Petroleum and Natural Gas Regulatory Board (PNGRB) to build a natural gas pipeline from Kanai Chhata to the Bangladesh border at Shrirampur. Additionally, PNGRB accepted the Central Government Authorization issued to GAIL for the Jagdishpur-Haldia-Bokaro-Dhamra Pipeline (JHBDPL) covering parts of West Bengal.
Regarding the allocation of airports to the Adani Group
In August 2021, Moitra asked the Ministry of Civil Aviation about allocating airports to the Adani Group. The question was not only a direct attack on the Adani Group, but the Hiranandani Group was also an interested party in the matter. [PDF of the question]
She sought information on the transfer of six airports from AAI to Adani Group under a PPP model, including Adani’s request to invoke COVID-19 force majeure, losses incurred by AAI, security clearance from the Ministry of Home Affairs, and if steps were taken to protect personal data.
The ministry replied that AAI awarded Adani Enterprises Limited a 50-year lease to manage six airports in India under a PPP model. Due to COVID-19, AEL requested extensions for the first set of airports, but AAI had no financial loss. AEL received security clearance to operate all airports with no plans for blacklisting.
Regarding KPT concerning RoRo boats and vessels getting stuck
In February 2022, Moitra asked the Minister of Ports, Shipping, and Waterways about RoRo boats and vessels getting stuck in WB and other areas of the country. Hiranandani group is an interested party as it has an agreement with Kolkata Port Trust. [PDF of the question]
In her question, she asked the ministry about RoRo barges and boats getting stuck in West Bengal and other parts of India, seeking details on the problem, corrective measures taken by Kolkata Port Trust and the Inland Waterways Authority of India, and reports of siltation in waterways.
The ministry informed that The Shyama Prasad Mookerjee Port and the Inland Waterways Authority of India (IWAI) have not reported any incidents of RoRo barges or vessels getting stuck. They maintain an adequate draft for vessels through regular maintenance dredging, computerized hydrographic surveys and river conservation works. The ministry added that this has resulted in an increase in the annual average draft while reducing the cost and quantity of dredged materials.
Regarding the development of e-sport
In February 2022, Moitra asked the Minister of Youth Affairs and Sports about developing E-Sports in India. Hiranandani Group was allegedly a direct beneficiary as its Tez Platforms is into E-Sports. [PDF of the question]
She asked the ministry about the government’s response to reports showing India as the 16th largest E-sports market in the world. She inquired about the inclusion of E-Sports in the 2022 Asian Games, the government’s stance on E-Sports plans for national regulations, support for participants in the Asian Games, and details on promoting E-Sports in India.
The ministry replied that NSFs are primarily responsible for promoting and developing any sport, and the Ministry provides financial support to recognized NSFs for international sporting events. Furthermore, the ministry said that E-Sports is a recognized competitive sport and is regulated under the National Sports Development Code of India, 2011.
Regarding the roadmap to phase out diesel vehicles to be replaced by electric, LNG
In February 2022, Moitra asked the Ministry of Road Transport and Highways to provide the roadmap to phase out diesel vehicles to be replaced by electric LNG. Notably, it allegedly favoured Darshan as he wanted to expand his LNG business. [PDF of the question]
She asked the ministry about the government’s plans to create a roadmap to shift diesel vehicles in the National Capital Region (NCR) to alternative modes like electric, LNG, biogas, hydrogen, etc. They also requested for more information about this plan.
The ministry replied that the government had issued notifications to promote alternative fuel technologies in transportation. This includes retrofitting hybrid systems to vehicles, emission norms for agricultural and construction equipment, and promoting hydrogen as fuel. Safety standards for hydrogen fuel cells have been addressed, along with a notification for an 18% hydrogen blend with CNG.
Regarding unbundling of GAIL
In March 2022, Moitra asked the Minister of Petroleum and Natural Gas about the unbundling of GAIL. Interestingly, Darshan had said on record that unbundling of GAIL was very important. [PDF of the question]
Whether the government has taken any steps to unbundle Gas Authority of India Limited (GAIL), Independent Transmission Systems Operator and Unified Tariff, she asked for the details on this matter or an explanation for not doing so. Additionally, she questioned whether the government knew that the non-unbundling of GAIL has resulted in the company not paying Central Service Taxes for inter-state sales, which could potentially lead to revenue loss for both the Central and State Governments. The woman also sought information about any actions taken to address this issue or the reasons for not taking any action if none had been initiated.
According to the government, the ministry said that the Gas Authority of India Limited (GAIL) would not be unbundled. They had requested public feedback on draft rules related to the natural gas sector, including the establishment of a Transport System Operator (TSO) in June 2021. Additionally, the PNGRB (Determination of Natural Gas Pipeline Tariff) Second Amendment Regulations, 2020, were implemented on 23rd November 2020 to enforce a Unified Tariff. The ministry added that GAIL follows a specific methodology in its natural gas trade to ensure no income loss to the Central and State Governments.
Regarding misuse of central agencies
In March 2022, Moitra asked the Ministry of Finance to provide information on the alleged misuse of central agencies. Interestingly, the question was asked around the time when the Hiranandani group had witnessed IT raids. [PDF of the question]
She asked the ministry about the Supreme Court’s warning to the ED regarding the PMLA’s usage. She also inquired about changes to the PMLA, rules for ED’s seizure enforcement, and the government’s stance on reparation for innocent individuals whose assets were seized by the ED.
The ministry replied that the Supreme Court did not make any such comments on PMLA. The ED has established guidelines for money laundering investigations. If the property was not involved in money laundering, it must be released to the rightful owner.
Regarding Adani-run Gangavaram port
In March 2023, she asked the Ministry of Petroleum and Natural Gas about the Adani-run Gangavaram port. Interestingly, the Hiranandani Group was an affected party in the matter. [PDF of the question]
She asked the ministry about the MoU between IOCL and APSEZ at Gangavaram Port. The inquiry sought details on the contract, approval by IOCL Board and Government nominees, any related transactions, IOCL’s potential business shift, charges paid to Vizag Port, payment-related commitments, and annual payments and quantities imported by IOCL to Vizag Ports for LPG facilities over the past ten years.
In a reply, the ministry said that Indian Oil Corporation Ltd. (IOCL) had signed a non-binding term sheet with Gangavaram Port Limited (GPL) and Adani Gangavaram Port Pvt. Ltd. under Adani Ports and Special Economic Zone Limited (APSEZ) outlining the terms for LPG import. The term sheet was approved by IOCL’s Chairman, not the Board. No transactions have occurred with GPL as the terminal is yet to be commissioned, and no imports have occurred. The ministry added that no definitive agreement was in place, and the final decision to shift business from Vizag port to Gangavaram Port depended on various factors.
Regarding Adani-run Dhamra Port
In March 2023, Moitra asked the Minister of Petroleum and Natural Gas about Adani-run Dhamra Port. Notably, the Hiranandani Group owns Haldia Port and wants to expand. Adani’s plans are considered a hindrance. [PDF of the question]
She asked the ministry about payment, take-or-pay clauses, planned imports, pipeline status, total capacity, and tariffs for the Dhamra LNG terminal.
The ministry replied that GAIL and IOCL signed Tolling agreements with various LNG terminal operators, including the Dhamra LNG terminal, specifying terms such as ACQ, make-up rights, and use-or-pay charges. Each secured 1.5 and 3.0 MMTPA Annual Contracted Capacity at Dhamra Terminal. The JHBDPL to Dhamra LNG Terminal pipeline was commissioned by the ministry.
