A loss of Rs. 27.71 crore to State Exchequer due to irregular regularisation of land in favour of KIIT

Irregular regularisation of encroached land in favour of KIIT resulted in a loss of Rs. 27.71 crores of State Govt.

Dear friends

The nexus between State Govt. and Sri Ahyut Samant of KIIT in respect of looting land in broad-day light in Bhubaneswar city has been established  and exposed  in every page of CAG report. It has also been found that Sri Samant has gone to  the extent of adopting coercive technique  and  showing goondaism  to grab the land which is not expected from any sensible person in modern world. In his pursuit to grab the land by hook  and crook, he has been reduced to  a mere land mafia who has masqueraded the cloack  of honesty and integrity. The IDCO, the protector of land  has not only flouted  all the laws but adopted all illegal and unethical means to show   undue benefit to KIIT while allotting the land  and remained silent spectator to all his illegal acts.

As per Odisha Prevention of Land Encroachment Act 1972 ( Rule 7), land under encroachment  can not be regularised unless encroacher is a landless person. In this connection, the Revenue and Disaster Management  has ordered ( November 2010) that the land occupied without approval of the Competent authority should be treated as encroachment  and was liable for eviction. Besides, as per Section 29 of OIIDC Act, 1980,  encroachers of IDCO land were to be evicted through application of Odisha Public Premises ( eviction ) Act,1972.

But, KIIT encroached   huge land measuring 16.397 acres in Bhubaneswar  at different times and interestingly, astonishingly  and subsequently regularised by  IDCO which did not have that authority. The details of land encroached  by KIIT   is  as follows.

Sl.No	Plot No.	Area ( in Acre )	Date of regularisation
1	65 and 2B	5.913	29.4.2005
2	24 & 12 A	3.896	29.4.2005
3	23B, 23/D, 45,92, 68/A, 68/B, 91, 91/A, 91/B, 22/A/2, &41/E	4.683	17.7.2009
4	Excess land	1.905	17.7.2009
	Total	16.397

Procedure followed by IDCO to regularise encroached land of KIIT

A.                The Divisional Head, Bhubaneswar Construction Division-1 notified  ( March 2003) the Secretary, KIIT about unauthorised encroachment over IDCO  plot No. 88 in  Chandaka Industrial Estate  and requested him to stop birbed wire fencing work. Without refraining  from encroachment action, KIIT requested ( May 2003 ) IDCO that since the plots were very adjacent to its premises and no industrial unit was present the said land, these plots be adopted in its favour. But the BCD-1 issued show-cause notice ( June 2004 )  to KIIT for illegal  construction  of  boundary wall with a gate  which was causing hindrances to other allottees and requested KIIT to demolish the un-authorised structures raised. In response to show-cause notice, KIIT admitted ( July, 5, 2004 ) the encroachment, stated that it had spent Rs. 20 lakh on the construction of boundary wall and pressurised IDCO to resolve the issue quickly, as 5000 students were said to be present on the said encroached land. BCD-1 succumbed  to the pressure  and agreed on the same date ( July 5, 2004 ) to resolve the issue even without approval of MD, IDCO on the condition  that (1)  KIIT would pay the cost of land at the rate of Rs. 25 lakh  ( i.e., premium of land Rs. 2.25 lakh  and development fee Rs. 22.75 lakh ) per acre, (2) furnish an undertaking not to encroach upon IDCO land in future, and  (3 ) in case of breach of condition, the cost of the land will be forfeited and IDCO would resume the ownership of the land. The in-house  Land Allotment committee  agreed ( August 2004 ) to the proposal of BCD-1 and the same was approved by MD, IDCO ( Sept. 2004 ). The Board  chaired by CMD, IDCO in its 65^th meeting ( April 2005 )  approved the regularisation of encroachment by KIIT. Accordingly, 9.809 acres of land was allotted in favour of KIIT ( April 2005 ). KIIT was accorded undue favour by charging less premium at the rate of 2.25 lakh rupees per acre against Rs. 25 lakh per acre  as per revised land  cost fixed by GA Dept. ( May 1998 ). The undertaking by KIIT against non-encroachment in future  was furnished  ( June 2005 ) on a stamp paper  without being registered under any  act  of law.

B. In 2008, S.M. Consultant  conducted a survey  of IDCO  land and reported  that 23.547 acre of land in Chandaka Industrial Estate  under  unauthorised occupation of KIIT. Besides above, KIIT was also in occupation of excess land measuring 1. 905 acres inside its premises by illegally constructing  a boundary wall. When pointed out, KIIT again admitted ( March 2008 ) that they had encroached upon about five acres of land  and requested IDCO for further allotment. Interestingly, IDCO,  without forfeiting the cost of the land realised previously and resuming its ownership as per the previous terms of agreement  signed between KIIT and IDCO, illegally  regularised ( July 2009 ) 6.588 acres o receipt of Rs. 4.17 crores from the institution. In the assessment of the cost, due to non-adoption of the benchmark valuation of land ( Rs. 4.50 crore per acre ) fixed by Revenue Dept. with effect from 2008, the IDCO sustained a loss of revenue to the extent of Rs. 25.48 crore.

Due to frequent changes in Board decisions and non-adherence to its own principles, IDCO sustained  loss of Rs. 27.71 crores. This amounted to IDCO and  the entire state machinery succumbing to the pressure tactics of a private educational institution like KIIT.

Pradip Pradhan

M-9937843482

Date- 13.3.18