मंगलवार, 26 जुलाई 2016

corrupt practice followed to allot land to KIMS, Bhubaneswar

Undue haste and favour, illegalities and corrupt  practice followed  in respect of land allotted for establishment of Kalinga Institute of Medical Science ( KIMS) in Bhubaneswar, capital of Odisha

RTI Application was submitted to the PIO, Department of General Administration, Govt. of Odisha   and IDCO, Bhubaneswar to get the  information  about  details of  land leased out to KIIT  for establishment  of Kalinga Institute of Medical Science, procedure followed  to lease out land to KIIT  for 99 years and decision  taken in this regard including copy of the file noting. Both the PIOs have supplied the following information.  It deserves to be mentioned here that   within  a period  of  8 years, KIIT has been allotted  more than 140 acres of  land  in Chandaka Industrial area by State Govt. through due  procedure,   fraudlent  and illegal means  as cited by CAG report. Besides  that, KIIT  has  illegally  encroached  more than  20 acres of forest land in Chandaka area  in connivance with corrupt  Revenue and Forest Dept. officials. A lot of complaints has been filed by  the  villagers of Patia, Civil Society Groups  to the Prime Minister, Govt. of India, President, Governor, Odisha, Chief Minister, Odisha, State Vigilance seeking an honest  enquiry  into the matter. Two PIL case is also pending in Odisha High Court.   

Background of the Case
1. Dr. Achyut Samant, founder of KIIT (Kalinga Institute of Industrial Technology) had applied in 2004 to General Administration Department, Govt. of Odisha for lease of land (allotted by IDCO) in favour of KIIT for setting up of a 700 bedded hospital at Chandaka Industrial Estate, Bhubaneswar.  

2. Earlier, IDCO, a Public Sector Company of the State Govt.  had leased out  an area measuring  Ac. 26. 970 to KIIT in 2004 at Mouza Patia  bearing lease Plot No. 14/A, 14/B, 25, 44,24, 12/A, 65 and 20/B  in favour of KIIT  for establishment of professional institute, Medical College for a maximum period of  73 years.  The details of land leased out to KIIT constantly in different phases   are as follows. ( the  leasing out  of land to KIIT  one after another plot within short span of time by IDCO  has never happened  in any other case  in  history of Odisha. It is just like an emperor occupying one country after another with marching army. It  has been possible  because of unholy alliance of  corrupt  and unscrupulous bureaucracy  and Sri Achyut Samant)   
Sl.No
Lease Deed No./Dt.
Premium paid @ per acre ( in lakh)
Purpose
IDCO Plot No
Area (in Ac.)
Period of lease
1
4046/31.5.03
O.67
Establishment of Professional Institute
14/A
14/B
6.000
73 years
2
1956/28.2.04
18
Establishment  of KIMS
25
6.883
68 years
3
4487/18.5.04
22
Setting up  a Professional / Management Institute
44
4.278
72 years
4
6434/8.6.04
25
Establishment of 700 bedded  hospital
24
12/A
3.896
72 years
5
8325/29.07.05
25
Establishment of Professional  Institution  in the filed of education, research and training
65
4.852
71 years
6
8327/29.07.05
25
-DO-
20/B
1.061
71 years



Total
26.970


 3. While  producing the letter of MCI, New Delhi, Dr. Samant wrote the letter to  State Govt. that  MCI  was not allowing  for opening  of a Medical College  on the ground that  the lease period  may be extended  for a period of 99 years instead of 73 years.
4. As IDCO cannot grant lease  of land for 99 years,  the Industry Department  suggested  that IDCO is required  to surrender the land to G.A. Dept. G.A. Dept will initiate action  for leasing  out the said land to KIIT  for a period of 99 years.
5. G.A. Dept. in its file noting on 20.4.2005 pointed out that G.A. Dept.  is leasing out land for  a period of 90 years. In case it will be considered for leasing out the land to KIIT for 99 years, the approval of the cabinet is necessary.  Before the proposal is placed in the Cabinet for enhancement of lease period from 90 years to 99 years, the following formalities need to be observed.
a. KIIT will surrender the above land to IDCO through a registered agreement.
b. On execution of surrender deed, IDCO will surrender the same to G.A. Department through a registered agreement for eventual leasing out of  the said land  along with the structures  standing  thereon  to KIIT for a period of 99 years.  
c. IDCO has charged concessional rate @ Rs. 18.00 lakhs  per acre to KIIT  considering hospital project  as a “Social Infrastructure”.
d. The rate of premium notified  by G.A. Dept.  in respect of  Mouza-Patia  is Rs. 25.00 lakhs  per acre  for Industrial/ Institutional purpose.
e. So before execution of the lease deed with KIIT for 99 years, KIIT is required to pay differential amount to G.A. Department.  
f. It was also pointed out that after observance of above formalities by IDCO/KIIT, necessary draft  cabinet note/ Memorandum will be placed  after obtaining Govt. order.

6. After getting concurrence of Dept. of  Revenue, Finance  and Industry,  a Draft  Memorandum  was  prepared  by  Department  of General Administration  to be placed  in  Cabinet  for  approval  to lease  out   an area measuring 6.883 acres  in favour of KIIT  for establishment  of Medical College and Hospital.  Accordingly,  the  Cabinet  in their meeting  held  on 19.11.2005  approved  the proposal  regarding  allotment  of land  in favour of KIIT , Bhubaneswar for establishment of Kalinga Institute of Medical Science ( KIMS) with  the CONDITION  that 

·  KIIT will surrender the above land to IDCO through a registered deed, as they have signed lease agreement with IDCO.
·  IDCO will surrender the same to GA Department through a registered deed for eventful leasing out the said land by GA Department for a period of 99 years.
The decision of the Cabinet   was communicated to KIIT and land allotment order was issued  on 6.12.2005 ( GA Department letter No. 15287/CA dated 6.12.2005).

7. without executing formalities to fulfil the condition of Cabinet to get the lease of 6. 883 Ac. from GA Dept, Sri Ahyut Samant   again applied to the State Govt. in January 2006  for leasing out  of  another 20  Ac of land  already leased out by IDCO  for the same purpose.

8. Without examining the genuineness of requirement of quantity of  land  by KIIT  for establishment  of KIMS, the GA Dept. again moved the  file  for cabinet approval to lease  out another 20 Ac  of land  to KIIT .

9.  On 22.4.2006, the State Cabinet in their meeting approved the leasing out of 20 acres of land to KIIT for  99 years  with the same CONDITION  as imposed earlier by Cabinet on 19.11.15.  Accordingly allotment order dated 28.4.2006 was issued to KIIT (GA Dept. letter No.5575/CA dated 28.4.2005).  

10.  Without taking any steps for execution of Condition imposed by Cabinet for lease Agreement with GA, Sri Achyut Samant, Secretary, KIIT   again requested Govt. dated 27.4.2006 to issue a land use certificate  in respect of above land on or before 30.4.2006 which is required to be produced  before Medical Council of India for establishment of Medical College and Hospital during the current academic session 2006-07.

11. On 16.5.2006,  Sri Achyut Samant, Secretary, KIIT  paid differential amount of Rs. 2,06, 99,500.00  through  pay order of Allahabad Bank vide Bank Draft No. 028637 against an area Ac 26.970 ( the differential amount  was calculated  as Rs. 7 lakh per acre. As KIIT  has already paid Rs. 18 lakh per acre while taking land from IDCO and   premium amount of Rs. 25 lakh per Acre has been fixed by GA Dept.) . While depositing the said amount, Sri Samant requested to Govt. to issue final land allotment order without execution of the lease deed. He also intimated that the allotment order is to be produced by him before the M.C.I.  Inspection Team on 17th May’2006.

12. From the File noting, it  was found that  the Director of Estates has pointed out that allotment order  can be issued after surrender of said land by IDCO and  re-allotment order  to be issued by GA in favour of KIIT.   He suggested that  an interim order  may be issued to KIIT  in order to meet  the inspection by Medical Council of India ( MCI). KIIT may be asked to sign lease agreement with GA for 26.970 Acres of land.

13. From the file noting and the correspondence made with KIIT, it is not ascertained whether interim or final order was issued to KIIT  for leasing out of 26.970 Acres of land.

14. However, without signing lease agreement with GA Dept., Sri Achyut Samant manipulated the Govt. procedure and eventually succeeded in getting permission from MCI to open kalinga Institute of medical Science ( KIMS) in 2006.

15. The Story does not end here. From the file noting dated 28.10.12, it  was found that  Revenue Office of the GA Dept. intimated  that  out of the total land of Ac 26,970 allotted in favour of KIIT, an area of Ac 10.191   is “forest” kisam land. Without getting  prior approval of Ministry of Environment of Forest, Govt. of India as per provision of Forest Conservation Act, 1980, IDCO arbitrarily leased out the said land to KIIT. Astonishingly, the GA Dept. did not verify  the  land kisam  while seeking cabinet approval for 99 years lease of the said land. The Cabinet  was misled  by corrupt officials.

16.  This issue of forest Kisam land leased out to KIIT  was raised  by Audit Team of CAG in 2012.  The State Govt. could not give any satisfactory response to CAG. However, the Director of Estates cunningly  sent the  copy of audit objection  to the Secretary, KIIT for necessary compliances in order to send the  compliance to A.G., Odisha. KIIT has not yet  complied it nor obtained  any approval  for diversion of forest land.      

17. Since 2006 till today, the State Govt. has been writing series of letters  to Sri Achyut Samant, founder of KIIT  to sign lease agreement  with GA Dept. Sri Samant is simply turning his deaf year to Govt. and behaving very carelessly. The Lease Agreement for 26.970 Acres of land  has not been executed till yet.

18.  CAG in its report submitted to State Govt. that undue haste and favour has been shown to KIIT for establishment of private hospital. The State Govt. has bypassed all legal procedure and adopted all illegalities to grant land in favour of KIIT. Even the State Cabinet was swayed away to approve the lease of  such a valuable land to KIIT for 99 years. Though  one decade has passed, KIIT  has not cared to  State Govt. to enter into lease  agreement with GA for the said land.

19. RTI Application was also submitted to the PIO, office of IDCO, Bhubaneswar  seeking information whether KIIT has made registered surrender deed  with IDCO for surrendering the land to IDCO which will be surrendered to GA for signing lease agreement with KIIT as per  cabinet decision. The PIO has replied  that no such information is available. It means KIIT has not surrendered the land to IDCO till yet.   

20. Sri Achyut Samant stands as biggest land grabber in Odisha. Since his rise as one of the giant education  entrepreneurs, he has adopted all fraudlent means  to acquire Govt. land in connivance with corrupt politicians and bureaucrats. This is his great achievement.

Pradip Pradhan, M-9937843482

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