Tuesday, August 7, 2018

Inquiry into Mega Land Scam is suppressed by Chief Minister's Office, Odisha


Status of Action Taken on Recommendation of Task Force Report on Land Scam in Odisha

Inquiry into Land Scam  since 3 and half years is still farce and eye-wash  exercise and designed  to delay  and cover up the scam  by GA Department , BDA, CDA, Odisha State Housing Board  and State  Vigilance , exposed  under RTI

White Paper on “Inquiry into Land Scam and Action Taken So far “to be produced in the Coming Assembly session and  inquiry into land scam should be handed over CBI, demanded by Civil Society

1.In view of CAG report about  alleged irregularities in allotment of land/houses/flats by BhubaneswarDevelopment Authority(BDA), Cuttack Development Authority (CDA),Odisha State Housing Board (OSHB) and General Administration (GA) Department and IDCO and subsequent demand by Opposition parties  and Civil Society for CBI inquiry, the State Government constituted a  Task Force  on dated 2.8.2014  to review all the allotment of more than one land/houses/flats to the members of the samefamily and allotment under discretionary quota to ineligible persons from 1995 to 2014 and submit its report within 4 months. 

2.The Task Force led by Dr. Taradatt, Addl. Chief Secretary with the members such as Commissioner-cum-Secretary, H&UD Department and Special Secretary, Dept. of GA produced their report on 3.11.14. The report was placed before state cabinet on 18.12.14 and it was endorsed with   Action Taken Report   which was later on published in official Gazette on 30.1.2015.

3.After considering the recommendations, the cabinet inter alia has directed that the modalities of implementation of the report would be worked out in consultation with the Law department and the Advocate General within 90 days. On 6.5.15, after due consultation, the Govt.  finalized Modalities  for implementation of the recommendation of the Task Force.

4. The Chief Secretary has conducted several times the review meeting regarding progress and implementation of the recommendation of Task Force on multiple allotments of plots/houses/flats at Bhubaneswar and Cuttack.

5.In order to study the progress of Action taken by BDA, CDA, OSHB, Department of GA and Finance, RTI Application was filed to all the offices to get the information. All the PIOs have supplied the information within the month of April to June, 2018.  The details of information provided by them are mentioned below.

5.A. Status of  Inquiry by Bhubaneswar  Development  Authority

i.732 nos. of Show-cause Notices relating to Discretionary Quota Allotments have been served to original allotteee by BDA. Out of it, 36 nos of notices returned unserved and pending for paper publications.  653 no. of Show cause replies received has been kept  for hearing by the officers   to be appointed  by Government. Three writ petition cases have been filed by the allottees after receipt of show-cause notice.
ii. Show cause  notices issued to 148 allottees  under category of multiple allotments. Out of which 15 notices have been returned un-served. 11 no. of allotments  have been cancelled. 108 no. of allottees have responded to Show cause notice and kept for hearing.  2 of them have filed case in High Court.

iii. DSP( Vigilance) , Cuttack  was handed over 332 nos. of Original Allotment files  and all available general files of different schemes.
iv. Name of 11  persons  whose allotment  has been cancelled by BDA  and  status of its cancellation

Name  of persons
 Plot/flat allotted
Status  of cancellation
Renubala Sethi
House  No, MIG-71, Ananta Vihar Housing Scheme
It has been cancelled. Possession  has not yet been handed over/ taken over
Pranab Balabantaray
Flat No. E-09, Netaji Subhas Enclave
Allotment has been cancelled. Possession has been taken over  on 27.10.14
Babita Mishra
Plot No. 149, Prachi Enclave
Allotment  has been cancelled  and the land is in possession of BDA
Anita Patra
House No. MIG-71, Ananta Vihar Ph-III
Allotment has been  cancelled
Kaplana Padhi
HIG-26, 01-02 Housing Scheme
Allotment has been cancelled. Possession has not been handed over / taken over till date
Meera Dutta
House No. HIG -34,
01-02 Housing Scheme
It has been cancelled. But it is under sub-judice before the Hon’ble High Court in W.P.( C) No. 23952/14.
Bipin Bihari Singh
K9-B-352 ,
Kalinga Nagar PDS
It has been cancelled. But  no information supplied  whether possession has been handed over to BDA
Dharitri Dwibedy
K9-B-39,
Kalinga Nagar PDS
It has been cancelled. But  no information supplied  whether possession has been handed over to BDA
Bibekananda Panda
K4-1306,
Kalinga Nagar PDS
It has been cancelled. But  no information supplied  whether possession has been handed over to BDA
Aditya Patnaik
K8-489,
 Kalinga Nagar PDS
It has been cancelled. But  no information supplied  whether possession has been handed over to BDA

5.B. Status of Inquiry by Cuttack Development Authority,Cuttack  
i. As per information supplied  under RTI dated 18.6.18, CDA provided   a list of 1091 allottees  who have  been issued  show-cause  notice in August 2016 on the ground of false affidavit, multiple allotments and land allotted  under Discretionary quota.
ii. CDA has provided list of   12 nos of plots cancelled on ground of multiple allotment. But   possession of plots have not been taken over.
iii. CDA has not yet started hearing of the response of Show-cause notice issued to allottees.
5.C.  Status of Inquiry by Odisha State Housing Board, Bhubaneswar 

i.  Out of 67 Discretionary Quota allotment, OSHB issued show cause notice to 66 persons except one whose allotment was cancelled for other reasons.  Not a single plot has been cancelled by OSHB till yet.
ii.Out of 37 multiple allotment cases,  25 persons  have been issued  show-cause  notice and  12 allottees  were not issued  show cause  as allotment was made made as per schematic provision.

iii. 15 cases have been referred to State Vigilance for inquiry.
iv. Three allottees have applied to OSHB for return of their land. They  are Sajjal Kumar Moulick, Pranab Balabantaray and Snigdharani Sahu.  It is very  interesting to note that  though  they have applied to return the land,  OSHB  has not taken any steps  to recover  land  from them.  

5.D. Inquiry  by General Administration Department
i. The  modalities  issued by GA Dept.  for implementing recommendation of Task Force ( Para-IV)  stipulates that GA Department which is under Chief Minister  should take immediate  steps  for review and update  the list of allottees  who availed  the irregular  benefit of more  than one allotment of land /flat/ house  against specific schematic provision  on the basis of allotment  made prior to 1.1.1995. This  process should be completed within a period of 3 months.  But GA Department has  not  yet  prepared this list of allotment prior to 1.1.1995.  it deserves  to be mentioned here that allotment of 3000 plots was made in 1991 and 1992 under plotted  Scheme “ Allotment of Residential Plots in new colonies within Bhubaneswar  Municipality Area, 1989”.  The list of 3000 allottees was not handed over to Task Force  Committee despite their several requests.  Even this  information is  also not provided  under RTI Act.  As because  there is huge corruption and irregularities in allotment of the plots under the said   scheme, the GA Department is not deliberately  disclosing the list of  3000 allottees in public domain.

5.E. Status of   Inquiry  by Director, Vigilance, Cuttack
As  the  office of Director, Vigilance has been kept from the purview of  RTI Act,  we  could not  gather  any information from the  Vigilance Department.  But  as per  the information supplied   by BDA on 17.5.2018, it was  found that Vigilance had been handed over 332 no. of allotment  files for  inquiry and so far 4 no. of cases  have been instituted  by Vigilance  Cell, Cuttack. Similarly,  as per information obtained from OSHB on 26.5.2016,  15 no. of allotment cases  have been referred  to State vigilance for inquiry. But  no progress  has been  developed by State  Vigilance  in respect  of inquiry  into allotment of plots/land/flats.

5.F.  Status of Special Audit  by Finance Department
 The Modalities prepared  by Govt. for implementation of the recommendations of  the Task Force  stipulates ( Para – vii)  that  the Finance Department  should conduct  special audit  in respect of  the left out  cases of multiple allotments  as recommended  by  Task Force  in Para 48(2) and to find out  the actual number  of discretionary allotment made  after 1.1.1995 as recommended  in Para  48 (5)  of the Task Force  and also of  allotment  made  after 1.1.1995 as has been recommended  in para 48 ( c)  and only after the special audit is completed  on all respected , the modalities  for taking action against  them  has to be prepared  as per  law.   As per  information  supplied  under RTI on 24.1.18,  Special audit  Team  was constituted   as per  the letter  No. 29987/F dt. 21.11.2015. The Finance Deptt. have  completed  this special audit  and the same report  has been submitted  to the GA Dept.  for necessary  action  at their  end.  It is disheartening  to note  that  though  special audit Report  has been  submitted , Chief Minister  has not taken any steps  for years  together.

  Our demand

In view of  above-mentioned   information and analysis, we are of the view  that    the State Government  and State Vigilance  has no interest  to    conduct inquiry  into land scam   but   trying hard  to cover it up by making delay of inquiry  and in the name of inquiry.  We do not  see  any tangible  achievement  in respect  of inquiry  by any authority including  State  Vigilance and  General Administration Department  which comes under control of Chief Minister.  The   Special audit Report of Finance Department which  is gathering dust  in the office of Chief Minister  must  be put in public domain.

So, we  demand  that  as the  Govt. precariously failed  to conduct the inquiry  successfully,  it should be handed over to CBI  for investigation.  We also demand that    a White Paper on  Inquiry into Land Scam   must be presented  in the  coming assembly session.


 Pradip Pradhan
State  Convener
Odisha Soochana Adhikar Abhijan
M-9937843482
Date- 6.8.18  

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