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
Dear friends
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 12
years, KIIT has been allotted around 100
acres of
land in Chandaka Industrial area and
Pathargadia 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.
21. Since last three years, GA Dept. is not
sharing any information about situation
of lease agreement with KIIT for land
allotted to KIMS. The case is pending in Odisha Information Commission.
22. KIIT never discloses any information suo
moto about details of land leased out by
Govt.
Pradip Pradhan
M-9937843482
Date- 6.7.18
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