Displaying items by tag: Legal

India: The Indian high court in Gujarat has ordered that a US$600m deal to sell the Kutch cement plant from Jaypee Cement to UltraTech Cement will be subject of outcome of a public interest litigation (PIL) filed by local villagers.

According to the Times of India, the Kharai panchayat has filed a PIL complaining that the cement company has encroached upon grazing land, water bodies and public roads. The PIL demands that the encroachment should be removed and that the high court should intervene to make the area free from pollution caused by mining and the dumping of dust.

Counsel Mehul Sharad Shah contended that over 5000 hectares of land was given at a cheap rate to Gujarat Anjan Cement to create a cement plant for a lease period of 1997 to 2008 on the condition that the company would put up construction within two years. After not following the condition, it transferred the lease for US$120m to Jayprakash Associates, which merged with the J P Corporation. The PIL alleges that the company encroached on gauchar land, water bodies, public roads and began polluting by dumping alkali dust. Cuts in jobs for local labourers has also added to tension in the area.

The high court has said that the transfer of lease will be subject to final outcome of the PIL.

Gaza/Israel: Israel has allowed a limited quantity of cement and other building materials into the Gaza Strip for the first time since 2007. Nazmi Muhanna, an official in the Palestinian Authority in charge of border checkpoints, said that efforts made by President Mahmoud Abbas to convince Israel to allow entry of construction material into Gaza for private sector usage had succeeded. Israel has promised to increase the quantity gradually.

"I welcome the decision which reflects our ongoing discussions with the Israelis," commented Quartet representative Tony Blair in a statement. "This is an important step in building a more positive environment for the diplomatic negotiations and in preparing the ground for the more comprehensive and transformative economic initiative, which we have been working on for the past few months."

India: The Central Bureau of Investigation (CBI) has filed separate chargesheets against Penna Cement, Raghuram Cements and India Cements for favours they allegedly received from the Andhra Pradesh state government in 2008 and 2009. According to newspaper The Hindu, YS Jaganmohan Reddy has been accused of influencing his father, deceased chief minister of Andhra Pradesh YS Rajasekhara Reddy, to grant government benefits to firms that invested in his own companies.

The CBI allege that Penna Group had invested US$7m in Jagati Publications and US$3.5m in Carmel Asia, both belonging to YSJ Reddy. In return, Penna Cements was allocated mining leases in Anantapur and Kurnool districts and the transfer of limestone mines originally allotted to Walchand Cements. Similar deals with Raghuram Cements (now Bharati Cements) and India Cements are noted in the CBI's charges.

Australia: Australia Cement has been found in breach of Australian competition for a fly ash contract that lessened competition. As reported by The Australian newspaper, Justice Andrew Greenwood of the Federal Court in Brisbane made the verdict in a case against the cement producer by the Australian Competition & Consumer Commission (ACCC).

The ACCC had alleged that Cement Australia had breached the abuse of market power provision though a fly ash contract with Millmerran Power Partners. While finding no breach of section 46 of the Act, Justice Greenwood said Cement Australia had breached section 45 through a contract to buy the fly ash from the power station.

Only interim declarations were publicly released to give the parties the chance to go through the about 500-page judgment in case of any confidentiality issues. Justice Greenwood reserved his decision on costs and no decision was made on any penalties.

Liberia: The Liberian government, through the Independent National Commission on Human Rights (INCHR) is preparing to take legal action against the Liberia Cement Corporation (Cemenco) for allegations of pollution from its operations in Monrovia.

"We have completed all medical examinations on dozens of residents in the Belema Community. Doctors have established that indeed the cement dust being produced by the company is responsible for their disability and lung infections," said INCHR Commissioner, James D Torh. He added that the INCHR was resolved to reap millions of dollars in damages for residents dating as far back as the time CEMENCO was established in 1968.

Australia: Cement Australia and Cement Australia (Kandos) (CA Kandos) have been fined a total of US$172,843 for the death of Colin David Fuller at the Kandos cement plant in 2009. Fuller was fatally injured when he was crushed between two hydraulic rams while working at the factory on 13 September 2009, according to the Mudgee Guardian.

The North South Wales (NSW) Industrial Relations Commission found that CA Kandos and Cement Australia had breached the Occupational Health and Safety Act 2000, by failing to install fixed guarding along the entire length of a feeder and conveyor system as required by Australian safety standards and failing to provide adequate supervision and instruction to Fuller. In the judgement Commissioner J Backman found that the systems in place at the time of Fuller's death were comprehensive but defective in a number of respects.

Nigeria: The Nigerian Army has reported that a fake cement production plant has been discovered in Ewekoro, Ogun State. According to a statement made by Captain Adamu Yahya Ngulde of the 35 Artillery Brigade, eight suspects were arrested at the site on 25 June 2013 and four cement trucks were found.

"Based on our preliminary investigation, the suspects get cement from the Dangote Cement Company and Lafarge and adulterate it with sand dust and package it in Dangote cement bags for distribution," said Ngulde. The suspects and the vehicles have been detained pending an investigation.

Greece: The Labour Inspectors' Corps has fined AGET Heracles cement industry, a subsidiary of Lafarge Group, Euro7500 for violating mass lay-offs legislation after ruling in favour of former employees recently laid off from its cement plant in Halkida and essentially shutting down the plant.

By closing the unit and laying-off 236 employees, the industry was found in violation of article 4 of Presidential Decree 240/2006 according to which, employees have to be notified and consulted in advance. The cement industry had said that it proceeded with the shutdown of its unit in Halkida due to financial reasons and as a result of the plunge in domestic construction activity and after failing to distribute its surplus production to international markets.

India: The Competition Commission of India (CCI) is investigating a complaint against a Chinese company offering waste heat recovery (WHR) solutions for the cement industry. This case is believed to be the first instance where a Chinese company has been affected by Indian competition law.

According to sources quoted by the Financial Express, Transparent Energy Systems (TESPL) filed a complaint against the Indian operations of Nanjing Triumph Kaineng (NTK). The complainant alleged the Chinese firm is severely impacting its business by quoting prices for tenders much below the market rates.

NTK specialises in WHR and accounts for a 30% market share of WHR power generation in the Chinese cement industry. It entered the Indian market in 2011 through a joint-venture with Tecpro Systems.

Uganda: Hima Cement says it has successfully challenged the loss of its limestone mining rights in Kasese, western Uganda.

David Njoroge, the General Manager of the Lafarge subsidiary, stated that the company had challenged the move during an Administrative Review process that was conducted in accordance with the Mining Act. It cited various instances of breach of the requirements of the law in the handover of its mining rights to the third party. Njoroge said the matter went to the High Court and has now progressed to the Court of Appeal.

"A stay of the orders of the High Court has been applied for and the appeal process has been commenced seeking to overturn the ruling of the High Court," said Njoroge. Hima lost the rights in early April 2013 to the East African Gold Sniffing Company following a Ugandan High Court ruling.