Allegation of Scams, Illegalities and Defamation Case against Achyut Samant, KIIT

Allegation of Scams and Illegalities, corruption and Defamation Case    against Achyut Samant, founder of KIIT/KISS – A Report

Every time, Mass media carries news about glory and achievement of Achyut Samant receiving awards, degrees from various Universities and Institutions and felicitated by many social organisations in the state. This news is flooded in both electronics and print media.  As image-building exercise, Sri Samant also organises mega events in KIIT Campus inviting high profile dignitaries starting from Chief Minister and Governor to Central ministers, MLAs, academicians, intellectuals, eminent lawyers, journalists etc.  Every Guest visiting Campus is being properly hospitalised. KISS Tribal School which has housed more than 25,000 tribal children (claimed by Sri Samant, but authenticity is doubtful) is highlighted and appreciated by many learned people publicly in the state. Sri Samant is viewed as messiah of tribals by his fans and supporters. Many people have also been engaged and funded to glorify   image of Sri Samant and his Institutions like KIIT, KISS, KIMS and many more. 

On the other hand,   since few years, we have come across a number of allegations of scams, regularities and illegalities against KIIT /KISS and its founder Achyut Samant.   Any news or expose   about real facets of Sri Samant, KIIT and KISS is systematically suppressed and diluted to keep his image clean. The connivance and close proximity of Sri Samant with corrupt bureaucracy and State administration has made Complaint Authorities helpless to take any action against him. As if he has made everybody Ukrainian Dancer in the state. Each political party starting from Right to Left are seen silent spectator to his corrupt practice.   Through RTI, though information is denied under RTI by KIIT/KISS, we have extracted a lot of information from various authorities about magnitude of corruption and illegalities and scams engineered by KIIT/KISS and violation of law by Sri Samant.  A few of these Scams is presented for  reference of the public.

1.       Illegal allotment of land to KIIT by IDCO through fraudlent means

As per Report of Comptroller and Auditor General of India  on General and Social Sector ( volume-3 ) presented to Govt. of Odisha in 2013,

Allotment of IDCO land to KIIT University

Sl.No.	Allotment/Regularisation of IDCO Land to KIIT	Allotment of land (In Acres)
1	Purchase of land mortgaged to Odisha State Finance Corporation	13.483
2	Board for Industrial and Finance Corporation  ( BIFR)	16.200
3	On Mutual Transfer from other allottees	14.515
4	Auction conducted by IDCO	7.492
5	Encroachment of land regularised  by IDCO	16.397
6	Allotment directly made by IDCO	7.083
7	In principle allotment of land  encroached by others	14.000
	Total	89.17-

Audit Scrutiny revealed  that although direct allotment of land to KIIT by IDCO  was meagre (  Ac. 7.083 ),  there were instances of undue benefits extended to KIIT in acquiring remaining land ( 82.087 Ac.) violating procedure of land allotment which resulted in a loss of Rs.252.54 crores ( present market value will be more than Rs. 1000 crores). Enquiry into illegalities in respect of allotment of IDCO land  was not given to Task Force  constituted  under chairmanship of Dr. Taradatt in 2014 to protect  land mafias of Odisha including Achyut Samant by Govt. of Odisha.  Thousands of acres of IDCO land  has been acquired illegally  by Educational Institutions like KIIT, Hotels, Private Companies , corporate house etc.

22.   Land allotted to KIMS ( Kalinga Institute of Medical Sciences)  still illegal.

As per information obtained  under RTI from GA Dept.,  Land measuring Ac. 26.970  for Kalinga Institute of Medical Science ( KIMS), Bhubaneswar  which  was allotted  to KIIT  has not yet been formally leased out by  General Administration Department, Govt. of Odisha, though  the said land was allotted  for 99 years in order to fulfil  criteria of Medical Council of India  required  for establishment of medical college and hospital.  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.  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. 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.  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.  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.

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).

It is interesting to mention here that  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. 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.   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).   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.  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. 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. 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.

3.       No  approval of Building plan by Bhubaneswar Development Authority ( BDA) 

Since last one year, several RTI Applications have been filed to Bhubaneswar Development Authority, Bhubaneswar seeking information about approval of Building plan of number of building of KIIT, KISS, KIMS. But BDA has been constantly ignoring RTI Applications. It is learnt from sources close to  Planning Division of BDA that most of the buildings of KIIT has no Building plan approval. These are all illegal buildings constructed by Sri Achyut Samant. However, Second Appeal petitions are pending   for disposal by Odisha Information Commission.  

4.       Land of KISS tribal school on encroached forest land without approval of Govt.

Without approval of the State Govt.  and Central Govt., Achyut Samant has illegally acquired 18 acres of forest land in Pathargadia mouza on which  building of KISS Tribal school  has been constructed. Tahasildar, Bhubaneswar has filed encroach case  against KIIT ( Case No. 640/11) under Odisha Prevention of Land Encroachment Act.  on 10.7.2012, Tahasildar, Bhubaneswar had issued eviction order to acquire the land. But astonishingly, due to pressure from ruling class and top bureaucrats with whom Achyut Samant enjoys close relation,  that order  was not carried  out.     But no action has been taken to recover the land by Tahasildar till yet.   However,  when it  was exposed  under RTI, Sri Subas Mohapatra, Human Rights Activist filed a case in National Green Tribunal, Kalkatta for recovery of the land and taking action against Sri Samant. on 21st March 2017, while  hearing the case    No. 92/2016/EZ & M.A. 157/2017/EZ   SUBHAS MOHAPATRA Vs  STATE OF ODISHA  & ORS  , National Green Tribunal,Kalkatta  has given direction  to both Forest and Environment Department  and Revenue and Disaster Management and Chief Secretary, Govt. of Odisha  to  demarcate  and acquire the land and undertake  fencing around the land which  has been illegally acquired  by Achyut Samant of KIIT.    Though 10 months passed, the State Govt. has not taken any steps to execute the order of NGT. 

5.       Forest land illegally used for construction of Building of KIMS.

 The Audit Report of CAG has pointed out that 10  Ac. Of land out of 26.970 acres allotted to KIIT for Kalinga Institute of Medical Science (KIMS)  is forest land which has been illegally transferred to KIIT by IDCO.  Obtaining the said information, Sri Subas Mohapatra  filed case in NGT seeking direction for restoration of the land. On 20.9.17, National Green Tribunal heard the Case No.  65/2017/EZ  & M.A. 211/2017/EZ  filed  by Subash Mohapatra vs Govt. of Odisha  challenging  illegal and unauthorised  use  of forest  land  by Achyut Samant-led-KIIT  for  construction of  building  for  KIMS ( Kalinga Institute of Medical Science). NGT has asked all the opposite parties i.e., Secretary, Revenue and Disaster Management, Govt. of Odisha, District Collector, Khurdha, Divisonal Forest Officer, Chandaka Wildlife Division, Bhubaneswar to file affidavit by 1.11.2017.  KIIT was also allowed  to file affidavit. The case is going on.

6.       KISS Tribal School is illegal, says Child Welfare Committee Report.

Following the  complaint on  allegation of torture  of children living in KISS  tribal school by Subas Mohapatra, Human Rights Activist on 17.4.17,  a joint Inquiry  Committee  comprising the members of  Child Welfare Committee, Khurda and District Child Protection Officer enquired into the matter on 19.6.2017.  on the basis of the enquiry report, Child Welfare Committee, Khurda has issued the following  direction dated 8.8.2017  to the authority of KISS Tribal school, Patia, Bhubaneswar to comply  within month.

·      First of all it is necessary for the institution to get recognition from the Dept. of Tribal Welfare. So that the government people can inspect the institution and give proper advise  to improve standard of care.  They will be responsible for any deficiency of standard of care. Hence, the KISS Authority is to apply to the Dept. of Tribal welfare , Govt. of Odisha  in a month  time to obtain necessary  recognition. At least a set of guidelines may be  issued  to the institution  to maintain standard of care  of the children  and to address grievances  of the children.

·       Since the institution has accommodated some children in need of care  and protection, it needs to be recognised  by the Deptt. Of W and CD under JJ Act.  This would help the government officials of JJ system to verify standard of care  and to see whether  all rights  to the children  are ensured. Hence  the KISS Authority  is to apply  in specific form  to Khurda district  administration  within a month  time  to issue  certificate  of recognition  u/s 41 of Juvenile Justice  ( care  and protection  of children) Act 2015. 

·       All  the children  who come  under the purview of  “ child in need  and protection”  under section 2 (14)  of the JJ Act  are to be identified  and be produced  before CEC, Khurda  as per  section 31 of the Act  with proper background report in one month time. 

·      The inquiry committee  realised that  within the existing  infrastructure, it is not proper to accommodate such a huge  number of children . Hence either  the number of children  should be reduced  or necessary  infrastructure  should  be developed  to meet the needs of the  children  as per ICPS norms.  The institution  shall submit  an action plan report in the matter to this committee within one month time.

·      The guidelines for ensuring a child safe environment  in institutions where children are housed  and /or  study  issued  by the Dept. of Women and Child Development , Govt. of Odisha  vide notification  No. 13626 dated 23.8.2014  is to be mandatorily  followed  by the Institution and be monitored  by the District Administration / education authority. All the provisions  laid down  under this guidelines  shall be  complied  by the institution  within one month  tome so that  safety of the children  can be ensured.

·      The inmate should be provided  with necessary toilets  and bathroom services for their  comfortable  living as it is their right.  An action plan report in this regard  shall be submitted  to this  committee  within a month time.

·      In view of accommodation of huge number of children, this committee feels that  there shall be at least a proper  Child Protection Policy  in the institution  as a safety mechanism  for the children.  Hence,  the KISS  authority  shall publish  a clear Child  Protection Policy  document  in the institution  which shall be  read and signed  by all the people  working in the institution  within a month period.

Though six months have passed, KISS Authority has not complied the direction of CWC, Khurda.

7.       Defamation case filed against Achyut Samant by Sanjukta Panigrahi, eminent Woman Activist of Odisha

01.09.2017 at about 7P.M, Kalinga TV of Achyut Samant telecast a news item making several false, baseless, imaginary and defamatory allegations against Smt. Sanjukta Panigrahi and other Activists with an intention to blackmail her and tarnish her public image . Smt. Panigrahi filed a Defamation case in the court of Civil Judge (Senior Division), Bhubaneswar seeking a decree of permanent injunction restraining Kalinga TV from telecasting any defamatory news against her and decree of damage for Rs. 50000000.00 against Sri Achyut Samant.  The Court has taken cognizance of the case and issued notice to Achyut Samant and others.

8.       RTI not complied by   KIIT of Achyut Samant  

 As per section 2 (h) (d) of the  RTI Act, KIIT, KISS and KIIT Deemed University qualifies  to be Public Authority and is required to appoint PIO and Appellate Authority. But astonishingly, this Institution is ignoring RTI Act  and not responding RTI Applications. The cases of denial of information by KIIT and KISS has been pending in Odisha Information Commission and Central Information Commission.

9.       Criminal Cases against Achyut Samant

A criminal case is pending against Achyut Samant under 120B, 109, 39 and 34 of IPC R/w 15 and 19(b) of the Environment Protection Act 1986 in SDJM, Bhubaneswar on the complaint of Subash Mohapatra, Human Rights Activist. Achyuta Samant  and others are accused of illegal construction of their project without obtaining any prior approval from the Ministry of Environment and Forests as per the procedure laid down in the Notification and are violating the directions given under the notifications and being part of criminal conspiracy and for their private gain with ulterior motive, the accused persons are voluntarily harming the local environment which is right to life of the people, and the project functionaries are abetting the crimes. Similarly, another criminal case is pending in SDJM police station having FIR 114/2017 in Gadisagda police station under section 120B, 323/341/294/506/452/34 of IPC and 25 and 27 Arms Act.

 10 .   High Court Case  on illegal  Foreign Funding by Achyut Samant

A case is pending in Odisha High Court against Achyut Samant and Dana Majhi for illegal foreign funding. Achyut is accused of aiding illegal foreign contribution transaction and liable to be imprisoned for 7 years. 

Pradip Pradhan

M-9937843482

Date-3.1.18