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
