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  

Monday, August 6, 2018

First ever successful use of RTI led to arrest of a corrupt IAS officer in Odisha


First ever successful use of RTI led to arrest of a corrupt IAS officer in Odisha

RTI Act mandates not only to enforce transparency and accountability in the administration but also to contain corruption in the administrative system of the country (Preamble of the Right to Information Act). Since 2005, the Act has been used as powerful tool by RTI Activists across the country to fight out corruption and irregularities in the functioning of administration. Successful use of RTI to check corruption and to put the corrupt officer behind the bar that too an IAS officer proved once again the mighty of the RTI Act. On 7.11.14, Debaraj Mishra, IAS former Collector, Bolangir working as addl. Secretary in Home Department, Govt. of Odisha was arrested on charges of corruption and irregularities in the examination conducted in 2012 for the post of Amin, Revenue Inspector ad A.R.I.in Bolagir which was exposed through RTI by few applicants who could not get the job due to this malpractice. It was alleged that Sri Mishra was the mastermind behind the whole corruption and Rs. 5 to 6 crores has been amassed by him and his coterie.

Sequence of the events led to arrest of Debaraj Mishra

A.In 2009, an advertisement was made by the district administration for appointment to the 54 post of Revenue Inspector/Assistant Revenue Inspector and Amin. Around 1400 applicants had applied for these posts. Accordingly written examination was held in June 2011 and candidates selected and got appointed in 2012. But it was alleged that answer-sheet was manipulated and ineligible candidates were selected by taking bribe of Rs. 4 to 6 lakhs for each candidate.

B.The manipulation of answer sheet and corruption in selection procedure   was exposed through RTI by the Information-seekers in 2013.  

C. In 2013, there was allegation of huge scam worth 6 crores of rupees in recruitment in the post of Revenue Inspector/ Assistant Revenue Inspector in Bolangir  by various quarters like Bolangir Citizens’ Committee, Bolangir press, Common people of Bolangir , applicants  for these posts  etc.  They had submitted series of petitions to Sri Surya Narayan Patra, Minister, Revenue and Disaster Management, Dr. Taradatt, Additional Chief Secretary to Govt. seeking an enquiry into the matter and demanded action in this regard.

D. The issue took momentum when  Odisha Soochana Adhikar Abhijan had organised a press meet on 14.3.14 in Bhubaneswar bringing to the limelight about all the information relating to  this scam  obtained through RTI. Mass Media mainly electronics media took up the issue and highlighted the details of corruption exposed through RTI.

E. To pursue this issue,   RTI Application was submitted by Pradip Pradhan on 24.3.14 to the PIO, Dept. of revenue and Disaster Management, Govt. of Odisha and to the PIO, office of RDC, Sambalpur on 16.3.14 seeking information about copy of petitions filed and action taken, if any in respect of allegations made by the people of Bolangir.  On 25.4.14, the PIO has supplied the information that though several directions   have been given to Revenue Divisional Commissioner, Sambalpur since August, 2013,  he has not   made an  enquiry into it rather continues  to ignore it.  The details of information supplied by the PIO, Dept. of R&DM are as follows.

·      On 2.8.13, during visit to Bolangir, Sri Surya Narayan Patra, Minister for Revenue and Disaster management received the complaint of huge corruption from press and Bolangir Citizens Committee in the   appointment of R.I./A.R.I. by the district administration with involvement of one clerck Sri Niranjan Tripathy. After returning from Bolangir, Sri Patra directed to Dr. Taradatt to enquire into the matter by RDC, Sambalpur and submit the report within 30 days.
·      On 6.8.13 ( letter No. 29990/R&DM) , Dr. Taradatt, Additional Chief Secretary issued direction to RDC, Sambalpur  to enquire into the matter  and furnish the report along with suggestions for further action.
·      On 21.9.13, Dr. Taradatt ordered to RDC, Sambalpur for an enquiry into this corruption and take appropriate action. 
·      On 7.10.13,   Dr. Taradatt  ( letter no. 38553) gave order  to RDC, Sambalpur  for  enquiry  into it  followinga petition submitted by Sri Sudhir Kumar Sandh and others on 30.9.13.
·      On 20.4.14, Dr. Taradatt ordered    to RDC, Sambalpur for fifth time to enquiry into allegation of corruption in the recruitment of R.I. in Bolangir. It is presumed that this direction came after press meet organised in Bhubaneswar by OSAA to expose the corruption with fact and figures obtained through RTI.

F. However, after media expose, RDC, Sambalpur submitted his inquiry report to the State Govt. in the month of April or May, 2014. But nothing happened on his report.

G. RTI Application was again submitted to the PIO, office of Revenue and Disaster management on 26.7.14 seeking action taken report on the RDC inquiry report and copy of the report. The PIO refused to provide the information as the investigation was going on.

H. A TV Channel continues broadcasting the news and follow-up news by taking copy of the RTI reply and highlighted how the Govt. conspires to cover up the corruption ad protect Debaraj Mishra.

I.After news expose, the Govt. handed over this case to State Vigilance ad Crime branch to enquire into the matter.

J. Finally after long fight and persuasion, Sri Debaraj Mishra and other officials were arrested by State Vigilance on 7.11.14. The investigation is still going on.

But the moot question is how the deprived applicants will get justice. Whether the exam will be cancelled   and re-exam held or the exam paper  scrutinised again and the eligible candidate will get the post. Another bigger fight is ahead before RTI activist in future.

Pradip Pradhan
RTI Activist
M-9937843482
Date- 9.11.14

Thursday, August 2, 2018

Unbelievable Land Scam of Achyut Samant- Another undisclosed Scam kept secret by Govt.


Unbelievable Land Scam of Achyut Samant, founder of KIIT and KISS, Crime and criminality of Sri Samant was again exposed under RTI
Dear friends
If you want to learn how to acquire land through fraudlent means in Bhubaneswar , you have to follow  footstep of Achyut Samant, a great  scamster Guru having profound knowledge to exploit public money  and public property  influencing politicians  and bureaucrats in Odisha, a poorest state in the country.  Whenever we  raise  his land scam issue,  suddenly his supporters  reacted and  said  that  Achyut Samant  has not illegally acquired  land  for his personal benefit  but  for  25,000 tribal  children who are provided  free housing clothing and education in KISS Tribal School, patia, Bhubaneswar.

To know how much of land genuinely   required  for  a tribal school i.e.,  KISS Tribal  School, we could not  get  any reply  from State Govt. even not  from  authority of KIIT  and KISS.  Then the question comes, why Achyut Samant decided to run a tribal school in Patia area without any lawful land  ?.  The answer is very simple.  It  was  a design  to use  tribal  children  as safety valve  to  cover up  his mega scams  and scandals  and  build up  his image  as messiah of  tribals  not  as land scamster, a nomenclature given by Activists .

Now the question is for his supporters how much of land is genuinely required for running a KISS tribal School. Is it 100 acres of land required for tribal school in Bhubaneswar? If so much of land was required, why he did not acquire land through legal means following law of land.  Is it essential for a man to adopt all illegalities   to acquire land to run a tribal school? Who did advise Sri Samant to run tribal schools by acquiring land through fraudlent means and use of black money? Is it justified to run a tribal school by acquiring land of others?  We could not get yet any answer from   his mafia-supporters.

What is new latest land scam of Sri Samant    discovered as unbelievable?

Earlier Comptroller and Auditor General of India has exposed that Sri Achyut Samant had acquired land measuring 82 acres through fraudulent means having unholy alliance with corrupt bureaucrats.   As per information obtained under RTI, Sri Samant   has acquired around 30 acres of forest land without obtaining any sanction from the State Government or Ministry of Environment and Forest, Govt. of India. Despite NGT Order,   Govt. of Odisha  has miserably failed  to  return back the land from KIIT due to his  criminal nexus with  Sri Nabin Patnaik, Chief Minister of Odisha ( despite our plethora of complaints, Chief Minister has not   ordered  for any inquiry rather promoted  and protected  him).

Since last 3 years, we the RTI Activists have been filling RTI Applications to   Department of General Administration under Chief Minister to get the information about details of  land leased out to KIIT and KISS.  The Department had been avoiding  to provide the said  information. However after intervention of Odisha Information Commission and our repeated  persuasion,  the GA Department  at last provided  the information  which  exposed  how Sri Samant  has acquired  another 10 acres of valuable GA plot   through fraudulent means  and adopting all illegal means with  the knowledge of state administration. It is such  an  interesting Scam masterminded  by Sri Samant  which has never happened anywhere in history of Odisha.

On 7.7.18, the PIO, Department of General Administration has provided the following information.
1.    As per available records, no land has been leased out in favour of KIIT, KIMS and KISS by the GA department.

2.    Though KIIT has applied for land to GA department for several times, the Govt. has not leased out any land to it.
3.    But  as per  the report of Revenue Inspector of GA Department which was presented  to State Govt. on 23.9.13, it  was  found that KIIT  has  unauthorisedly and illegally acquired  huge land in Patia  mouza, Bhubaneswar.  KIIT has already constructed multistoried building over plot no.-347 ( pt) Ac. 2.500.

4.      An area measuring Ac.1.550 pertaining to revenue plot no. – 412(pt) kisam-Godanda is lying vacant but acquired by Sri Samant and a compound wall around the said land has been constructed.

5.    An area measuring Ac. 0.558 dec Govt. land pertaining revenue plot No.-350(pt) and 407 (pt)  is encroached by  KIIT  constructing  compound wall  and asbest house over the said land.

6.     KIIT also unauthorisedly constructed compound wall over revenue plot No. -319 (pt) Ac. 5.725, plot No. 320(pt) Ac.0.300 of Khata No.491 and revenue plot no. -318 (pt) Ac. 0.905  Khata No. 493 of Mouza Patia.

The details of land illegally acquired without sanction of State Govt.  as per abovementioned information is as follows.
Mouza
Khata No.
Plot No.
Area in Ac.
Patia
493
347
2.500
DO
492
412
1.550
DO

350,407
0.558
DO
491
319
5.725

DO
320
0.300

493
318
0.905
                       Grand Total
11.538

7.        Having seen  Sri Samant  having acquired such huge land,  GA Dept. has filed  OPP Case No. 9/2012 ( L)  against KIIT  and 5(2) order  also passed  against said institute.

Analysis
1.       Though Sri Samant has applied for the said land, the State Government has not responded his application. On the other being pretty aware about Sri Samant acquiring this land, the GA Department has just remained silence at the instruction of Chief Minister’s Office without taking step to recover the land. Filling OPP Case  is just eye-wash exercise .

2.       If the present market value of the land is calculated, the cost of the land will be   Rs. 120 cores  as per DSR rate of the State Govt.  This huge money is great loss to state exchequer.

3.       Nobody  is aware  about  this scam of Achyut Samant . It was  covered up  by the officials of GA Dept. at the instruction of highest  authority of the state.

Pradip Pradhan
M-9937843482
Date- 2.8.18