Tuesday, July 26, 2016

corrupt practice followed to allot land to KIMS, Bhubaneswar

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

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  8 years, KIIT has been allotted  more than 140 acres of  land  in Chandaka Industrial 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.

Pradip Pradhan, M-9937843482

Saturday, July 23, 2016

Fact-finding Report on Hunger, Malnutrition, Deprivation among Paudi Bhuyan

Fact-finding Report
on
Hunger, Malnutrition, Deprivation  among Paudi Bhuyan Primitive Tribal Groups, Mal-implementation of Food Security programme and  Denial of services under Paudi Bhuyan   Development Authority  in Lahunipada block of Sudargarh distrit, Odisha

Date of Visit: 22.7.16
Member of Fact-finding Team
1.      Sri Pradip Pradhan
State Convener, Right to Food Campaign, Odisha & Member of Advisory Group of NHRC on Right to Food, M- 9937843482
2.      Sri Sanjay Sahu, RTI Activist and member of Right to Food Campaign, Odisha       M-8658416694
3.      Sri Rajendra Oram, Social Activist and Local Volunteer, Lahunipada Block
4.      Sri Bansidhar Mohanta, Social Activist and Local  Volunteer




Right to Food Campaign, Odisha
Plot No- 393/2035, padmabati Vihar, post-Sailashree Vihar, Chandrasekhar Pur, Bhubaneswar-751021, Odisha, E-mail- foodrightsodisha@gmail.com

Report of Fact-finding Team on Hunger, Malnutrition, Deprivation and Denial of entitlements  under various  food security and welfare programme and Paudi Bhuyan Development Authority  to  Paudi Bhuyan Primitive Tribal Groups  in Lahunipada block of Sudargarh district, Odisha

In the backdrop of malnutrition death of 20   infants of Juang tribes in Sukinda Block of Jajpur district, industrial hub of Odisha   which has generated unexpected reaction from opposition political parties  and Civil Society Groups alleging failure of state machinery , callous and lackadaisical attitude of Govt. officials and subsequent counter reaction given by the Ruling party as a single case and not to be politicised as state issue,  Right to Food Campaign, Odisha decided  to bring to limelight  how most of the Primitive Tribal Groups residing in different parts of the state are suffering due to   sheer negligence, careless attitude   of the administration and huge corruption and loot of development project  and welfare programme meant for them.

As a first step in this direction, a four-member fact-finding Team of Right to Food Campaign, Odisha had visited to Mahulipada Gram Panchayat of Lahunipada Block under Banei sub-division of Sundargarh district on 22.7.16.  The Team  visited four  villages  of  Paudi bhuyan tribes ( most  vulnerable  Primitive Tribal Groups of Odisha )  i.e., Kiri, Keta, Kundula and Kunu etc. located  in Hilltop. The Team reached at Derula village at 9.30 am and started journey to visit these villages and covered 10 kms mountainous track and natural stream and reached in the said villages at 12.30 noon. There is no road connectivity to these villages. This village is around 50 kms from Banei sub-divisional head quarter. The journey to these villages is very pain-staking and life risk. However the team successfully finished visiting these villages and came across disastrous situation of life and livelihood of Paudi Bhuyan tribes, denial of entitlements under food security programme, the tribals suffering from hunger and malnutrition, corruption in NREGA work etc. and returned at 6 pm.   The Team members  interacted  with  both  the  male  and female members  of  Paudi Bhuyan and Munda tribes  about  various issues affected  their  livelihood, Govt. negligence  and their  food  security, accessibility to Govt. programme.
The details of villages and number of paudi Bhuyan  families is as follows  -

 Name  of  village
No. of Paudi Bhuyan families
No. of  Munda Tribes
Kiri
20

Keta
9

Kundula
1
11
Kunu
16
3
Total
46
14


Findings of the Team

1.       Failure of ICDS programme
ICDS programme , one of the most important food security central schemes  implemented to provide nutritious food  to the  children of  vulnerable  section of the  society along with free immunisation and health check up  was found  non-existent  in  these Juang tribe-dominated  villages. There is no Anganwadi centre in the village till today. The centre is located at  Derula village at foot of the Hill  which is 10 kms  from  Juang villages. It was also found that Anganwadi Worker Kuni Palei did not stay in the centre. Her house is 13 kms distance from Anganwadi Centre. Neither Anganwadi Worker nor any ICDS officials even CDPO has ever visited these villages since 20 years. The children are never immunised. They are also deprived of getting cooked food. THR (Take Home Ration) i.e., Chhatua and egg meant for pregnant and lactating woman and children of 3 to 6 years is hardly given to them. Kunu Nayak, mother of four children, a lactating woman said that she uses to get 5 eggs once in a month against 8 eggs allocated per month in their name. Chhatua  was found  tasteless. On query about availability of Rs.5000.00 under Mamata Yojana, the tribal women expressed their ignorance about the said provision. As there is no road communication, they use to go for home delivery. The team came across a number of children suffering from malnutrition and sever disease.

2.       Mal-implementation of NREGA work
The mandate of NREGA to provide hundred days guaranteed employment to the rural poor was found suffered due to huge corruption and irregularities by Govt. officials. While interacting with the villagers Saila Dehuri, Nandu Nayak, Kamanu Giri, it was found a single road construction work under NREGA was sanctioned and undertaken in their village in 2014. They were not informed about the amount sanctioned for the said work. The 21 tribals of   Kundula and Kunu village had worked as wage labourer. But they were not provided their due payment.  Sri Shuvan  Gond, Sarapanch and Panchayat Executive Officer misappropriated  the money and did  not pay their wage, alleged by them. The work has remained incomplete till yet. Nobody could show their job card in the village. As the villagers were cheated by Sarapanch and denied payment, they did not show their interest to do the NREGA work further. There is no labour employment programme implemented in these villages.   

3.       Non-Implementation of IAY and Biju Pucca Gruha Yojana
The State Govt. is implementing both the rural housing schemes to provide financial support to the poor people for construction of house. But while enquiring about any allotment to any house to any family, it was found that 4 families of Munda tribe of Kundula village i.e., Markas Munda, Daud Munda, Santosh Munda, Junika Nag was allotted IAY house in 2010.  Since then nobody has been allotted house by the administration. Similarly, no Paudi Bhuyan tribe of all these four villages has been allotted house under IAY or Biju Pucca Gruha Yojana.

4.       Non-Implementation of Forest Rights Act
During interaction with both Munda and Paudi Bhuyan tribes, it was found that not a single family has been allotted forest land under Forest Rights Act, though they reside in vicinity of forest areas.  No community forest right has been conferred to any village. 

5.       Food Security
Food insecurity is very high among Paudi Bhuyan tribes. Rice and fried leaves is their staple food. Vegetable is hardly found in their food menu. Consumption of only rice and leaves left them suffering from malnutrition.

6.                   Others issues
a.       There is no primary school in the village. A very few children have been admitted in Ashram School, Darula.
b.      No Agriculture or horticulture scheme is implemented in these villages. The tribals are hardly aware about modern cultivation. Whatever small agricultural activities are done by them is very traditional.
c.       No land patta has been allotted to any family in these four villages.
d.      No Govt. official has ever visited these villages since last ten years.
e.      There is no drinking water facility in these villages. The  villagers are  using  stream water  for  drinking water purposes.

Analysis of the Problems and Recommendations
1.       Paudi Bhuyan tribe is most vulnerable and neglected tribe in Odisha.  They generally reside in Hill top in Keonjhar, Angul, Sundargarh and Deogarh district and  remain isolated from external world.  To bring them to mainstream of development, the   State Govt. is implementing Paudi Bhyan Development Agency (PBDA) with fully funded by Central Govt. But the Team observed that these villagers are not covered under PBDA. No development project under PBDA has ever been implemented in these villages.  No Govt. officials have ever visited to this village.
2.       All the Govt. plan and programme meant for socio-economic development of tribals in the state are found dysfunctional due to negligence, callous and lackadaisical attitude of state bureaucracy and insensitivity of Ruling political party. 
3.       ICDS which is considered  as most important food security programme to provide six types of service i.e.,  immunisation, free health check up, Supplementary Nutrition Programme, referral service is denied to the children, lactating and pregnant woman  due to non-functional of Anganwadi centre  till today. They have remained deprived to get nutritious food and other benefits for years together.  The denial food and free health treatment has made their children suffering from malnutrition and hunger. The negligence of ICDS staff, lack of monitoring and corruption and irregularities in distribution of food in ICDS project has endangered   the life of their children.
4.       Absence of road connectivity and 10 kms mountainous track did not allow them to avail medical facility at the time of need.  Lahunipada Primary Health Centre is 40 kms from their area.  Lack of Medical facility at their door step is another biggest problem for them.
5.       Illiteracy is very high among Paudi Bhuyan tribes. There is no school in the village.  Few children have been admitted in Ashram School run by Dept of SC and ST welfare, Govt. of Odisha.  To provide free and compulsory education to the children under Right to Education Act proved farce in this village. 
6.        Lack of Employment has also posed serious threat to their life and livelihood.  Finding no employment and income, they do not take required nutritious food.  Rice and fried leaves is only option to consume for survival by compulsion not by choice.  NREGA which has mandate to provide 100 days guaranteed employment to the people has suffered due to corruption and irregularities   and misappropriation by Govt. officials.  Though the tribals worked hard   in road construction work under NREGA, they were denied wage payment   which has frustrated them not to do the work.
7.       The absence of Govt. programme and lack of monitoring of Govt. officials has kept the tribals isolated from concept of Modern Development. Their deprivation from Govt. scheme and programme has kept them suffering from hunger and malnutrition.

Recommendations

1.       Full-fledged Anganwadi Centre should be opened in these villages to provide all the facilities including SNP to the children of paudi Bhuyan tribes.
2.       Road connectivity to be ensured to the village through effective implementation of work under NREGA. Payment pending with Gram Panchayat or misappropriated them must be investigated and the tribals who had worked and not paid in NREGS work must be paid immediately.  The Govt. should continue labour intensive work under NREGA and other development project in order to provide employment to the tribals.
3.       There should be mobile team to be entrusted to visit the village periodically to provide free medical service to the tribals and to be made available at the time of need getting   emergency   call from the people.
4.       Agriculture and horticulture scheme should start in the village on war footing way.
5.       The malnourished children should be provided medical treatment and other fooding support as early as possible.
6.       The tribals should be allotted homestead land and house under Biju Pucca Gruha Yojana.
7.       They should be allotted 4 acres of  patta land under Forest Rights Act.
8.       A Primary School should be opened in these villages to comply Right to Education Act.
9.       Drinking water  should be ensured to the villages  at the earliest to save them from any epidemic. 


10.   Various welfare programme should e undertaken  under Paudi Bhuyan Develoment Authority  in these  villagers  in order to develop socio-economic condition of the tribe. 

Wednesday, July 20, 2016

High Profile lunch in state capital vrs malnutrition death of Tribal Kids

Appropriation Lunch arranged in State Guest House by Finance Minister for Ministers, MLAs, Senior officers of all Departments and Journalists on 13.5.2016.


On 9.6.16, RTI Application was submitted to the PIO, Department of Finance, Govt. of Odisha seeking information about details of decision taken at Govt. level for appropriation lunch arranged by Finance Minister on day of passage of appropriation Bill including copy of file noting and details of guests invited and food menu arranged  for guests etc. As the money has been spent  for appropriation lunch from state exchequer in name of tradition,  every citizen of the state has right to know how the rich Ministers, MLAs and officers are enjoying high profile lunch along with costly food menu paid not from their pockets.

When People’s representatives ( BJD, BJP and Congress ) and officers are enjoying high profile lunch from state exchequer,  at the same time,  the children of  Primitive Tribal groups thorough the state are being  died of malnutrition and hunger. The question comes who is responsible for it.   

On 14. 7.16, the PIO has supplied the following information.

1.      As per previous practice, Minister, Finance hosts a lunch on the appropriation Day in which all Hon’ble Ministers, Hon’ble MLAs, Senior Officers of all Departments and Journalists are  invited.  This year also  Hon’ble  Minister, Finance has desired  to host a lunch  on the appropriation  day i.e., 13.5.2016. Number of invitees for the lunch  is around 800.

2.      All Ministers, MLAs, senior officers of all Department, officers  of Chief Minister’s office, senior officers of Governor’s house, senior officers of Odisha Legislative Assembly, Member, Board of Revenue, D.G., Police, Director of Vigilance, Commissioner of Commissionerate , Police,  photo journalists and  senior journalist of all news paper and electronics media were invited for lunch.  Lunch was arranged for 800 people.  Total amount was spent for lunch was Rs. 3, 15, 364.00.

3.        20 types of costly Food Menu arranged  for lunch

i.       Jeera Fried Rice
ii.      Cream Mushroom Soup
iii.     Plain rice
iv.     Dal Makhani
v.      Veg Malai Kofta
vi.     Parwal Masalla
vii.    Sagabhaji
viii.   Chana Tarkari
ix.     Chapati
x.      Panner Butter Masala
xi.     Chilly Mushroom
xii.    Muttan Kassa
xiii.   Chilly Chicken
xiv.   Prawan Malai ( 400 )
xv.    Fish fry
xvi.   Papad
xvii.  Salad, Curd
xviii. Dahibara
xix.   Chhena Pais
xx.    Ice Cream ( V/S/B/S)

Pradip Pradhan, M-9937843482
Date- 20.07.2016