Allegation of
Scams and Illegalities, corruption and Defamation Case against Achyut Samant, founder of KIIT/KISS
– A Report
Every time, Mass media carries
news about glory and achievement of Achyut Samant receiving awards, degrees from
various Universities and Institutions and felicitated by many social
organisations in the state. This news is flooded in both electronics and print
media. As image-building exercise, Sri
Samant also organises mega events in KIIT Campus inviting high profile dignitaries
starting from Chief Minister and Governor to Central ministers, MLAs,
academicians, intellectuals, eminent lawyers, journalists etc. Every Guest visiting Campus is being properly
hospitalised. KISS Tribal School which has housed more than 25,000 tribal
children (claimed by Sri Samant, but authenticity is doubtful) is highlighted
and appreciated by many learned people publicly in the state. Sri Samant is viewed
as messiah of tribals by his fans and supporters. Many people have also been engaged
and funded to glorify image of Sri Samant and his Institutions like
KIIT, KISS, KIMS and many more.
On the other hand, since
few years, we have come across a number of allegations of scams, regularities
and illegalities against KIIT /KISS and its founder Achyut Samant. Any news
or expose about real facets of Sri
Samant, KIIT and KISS is systematically suppressed and diluted to keep his
image clean. The connivance and close proximity of Sri Samant with corrupt
bureaucracy and State administration has made Complaint Authorities helpless to
take any action against him. As if he has made everybody Ukrainian Dancer in
the state. Each political party starting from Right to Left are seen silent
spectator to his corrupt practice.
Through RTI, though information is denied under RTI by KIIT/KISS, we
have extracted a lot of information from various authorities about magnitude of
corruption and illegalities and scams engineered by KIIT/KISS and violation of
law by Sri Samant. A few of these Scams
is presented for reference of the
public.
1.
Illegal
allotment of land to KIIT by IDCO through fraudlent means
As per Report of Comptroller
and Auditor General of India on General
and Social Sector ( volume-3 ) presented to Govt. of Odisha in 2013,
Allotment of IDCO land to KIIT University
|
Sl.No.
|
Allotment/Regularisation of IDCO Land to KIIT
|
Allotment of land
(In Acres)
|
|
1
|
Purchase of land mortgaged
to Odisha State Finance Corporation
|
13.483
|
|
2
|
Board for Industrial and
Finance Corporation ( BIFR)
|
16.200
|
|
3
|
On Mutual Transfer from
other allottees
|
14.515
|
|
4
|
Auction conducted by IDCO
|
7.492
|
|
5
|
Encroachment of land
regularised by IDCO
|
16.397
|
|
6
|
Allotment directly made by
IDCO
|
7.083
|
|
7
|
In principle allotment of
land encroached by others
|
14.000
|
|
|
Total
|
89.17-
|
Audit Scrutiny revealed that although direct allotment of land to
KIIT by IDCO was meagre (
Ac. 7.083 ), there were
instances of undue benefits extended to KIIT in acquiring remaining land ( 82.087 Ac.) violating procedure of land
allotment which resulted in a loss of Rs.252.54 crores ( present market value
will be more than Rs. 1000 crores). Enquiry into illegalities in respect of
allotment of IDCO land was not given to
Task Force constituted under chairmanship of Dr. Taradatt in 2014 to
protect land mafias of Odisha including
Achyut Samant by Govt. of Odisha.
Thousands of acres of IDCO land
has been acquired illegally by
Educational Institutions like KIIT, Hotels, Private Companies , corporate house
etc.
22. Land
allotted to KIMS ( Kalinga Institute of Medical Sciences) still illegal.
As per information obtained under RTI from GA Dept., Land measuring Ac. 26.970 for Kalinga Institute of Medical Science (
KIMS), Bhubaneswar which was allotted
to KIIT has not yet been formally
leased out by General Administration
Department, Govt. of Odisha, though the
said land was allotted for 99 years in
order to fulfil criteria of Medical
Council of India required for establishment of medical college and
hospital. 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. 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. 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. 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. 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.
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).
It is interesting to mention
here that 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. 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.
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). 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. 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. 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. 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.
3.
No approval of
Building plan by Bhubaneswar Development Authority ( BDA)
Since last one year, several
RTI Applications have been filed to Bhubaneswar Development Authority,
Bhubaneswar seeking information about approval of Building plan of number of
building of KIIT, KISS, KIMS. But BDA has been constantly ignoring RTI
Applications. It is learnt from sources close to Planning Division of BDA that most of the
buildings of KIIT has no Building plan approval. These are all illegal
buildings constructed by Sri Achyut Samant. However, Second Appeal petitions
are pending for disposal by Odisha
Information Commission.
4.
Land of KISS tribal school on encroached forest land without
approval of Govt.
Without approval of the State
Govt. and Central Govt., Achyut Samant
has illegally acquired 18 acres of forest land in Pathargadia mouza on
which building of KISS Tribal
school has been constructed. Tahasildar,
Bhubaneswar has filed encroach case
against KIIT ( Case No. 640/11) under Odisha Prevention of Land
Encroachment Act. on 10.7.2012,
Tahasildar, Bhubaneswar had issued eviction order to acquire the land. But
astonishingly, due to pressure from ruling class and top bureaucrats with whom
Achyut Samant enjoys close relation,
that order was not carried out. But no action has been taken to recover the
land by Tahasildar till yet. However,
when it was exposed under RTI, Sri Subas Mohapatra, Human Rights
Activist filed a case in National Green Tribunal, Kalkatta for recovery of the
land and taking action against Sri Samant. on 21st March 2017, while hearing the case No. 92/2016/EZ & M.A. 157/2017/EZ SUBHAS
MOHAPATRA Vs STATE OF ODISHA & ORS
, National Green Tribunal,Kalkatta
has given direction to both
Forest and Environment Department and
Revenue and Disaster Management and Chief Secretary, Govt. of Odisha to
demarcate and acquire the land
and undertake fencing around the land
which has been illegally acquired by Achyut Samant of KIIT. Though
10 months passed, the State Govt. has not taken any steps to execute the order
of NGT.
5.
Forest land illegally used for construction of Building of
KIMS.
The Audit Report of CAG has pointed out that
10 Ac. Of land out of 26.970 acres
allotted to KIIT for Kalinga Institute of Medical Science (KIMS) is forest land which has been illegally
transferred to KIIT by IDCO. Obtaining
the said information, Sri Subas Mohapatra
filed case in NGT seeking direction for restoration of the land. On 20.9.17,
National Green Tribunal heard the Case No.
65/2017/EZ & M.A.
211/2017/EZ filed by Subash Mohapatra vs Govt. of Odisha challenging
illegal and unauthorised use of forest
land by Achyut
Samant-led-KIIT for construction of building
for KIMS ( Kalinga Institute of
Medical Science). NGT has asked all the opposite parties i.e., Secretary,
Revenue and Disaster Management, Govt. of Odisha, District Collector, Khurdha, Divisonal
Forest Officer, Chandaka Wildlife Division, Bhubaneswar to file affidavit by 1.11.2017. KIIT was also allowed to file affidavit. The case is going on.
6.
KISS Tribal School is illegal, says Child Welfare Committee
Report.
Following the complaint on
allegation of torture of children
living in KISS tribal school by Subas
Mohapatra, Human Rights Activist on 17.4.17,
a joint Inquiry Committee comprising the members of Child Welfare Committee, Khurda and District
Child Protection Officer enquired into the matter on 19.6.2017. on the basis of the enquiry report, Child
Welfare Committee, Khurda has issued the following direction dated 8.8.2017 to the authority of KISS Tribal school,
Patia, Bhubaneswar to comply within
month.
·
First of all it is necessary for the institution
to get recognition from the Dept. of Tribal Welfare. So that the government
people can inspect the institution and give proper advise to improve standard of care. They will be responsible for any deficiency
of standard of care. Hence, the KISS Authority is to apply to the Dept. of
Tribal welfare , Govt. of Odisha in a
month time to obtain necessary recognition. At least a set of guidelines may
be issued to the institution to maintain standard of care of the children and to address grievances of the children.
·
Since the
institution has accommodated some children in need of care and protection, it needs to be recognised by the Deptt. Of W and CD under JJ Act. This would help the government officials of
JJ system to verify standard of care and
to see whether all rights to the children are ensured. Hence the KISS Authority is to apply
in specific form to Khurda
district administration within a month time
to issue certificate of recognition u/s 41 of Juvenile Justice ( care
and protection of children) Act
2015.
·
All the children
who come under the purview
of “ child in need and protection” under section 2 (14) of the JJ Act
are to be identified and be
produced before CEC, Khurda as per
section 31 of the Act with proper
background report in one month time.
·
The inquiry committee realised that
within the existing
infrastructure, it is not proper to accommodate such a huge number of children . Hence either the number of children should be reduced or necessary
infrastructure should be developed
to meet the needs of the
children as per ICPS norms. The institution shall submit
an action plan report in the matter to this committee within one month
time.
·
The guidelines for ensuring a child safe
environment in institutions where
children are housed and /or study
issued by the Dept. of Women and
Child Development , Govt. of Odisha vide
notification No. 13626 dated
23.8.2014 is to be mandatorily followed
by the Institution and be monitored
by the District Administration / education authority. All the
provisions laid down under this guidelines shall be
complied by the institution within one month tome so that
safety of the children can be ensured.
·
The inmate should be provided with necessary toilets and bathroom services for their comfortable
living as it is their right. An
action plan report in this regard shall
be submitted to this committee
within a month time.
·
In view of accommodation of huge number of
children, this committee feels that
there shall be at least a proper
Child Protection Policy in the
institution as a safety mechanism for the children. Hence,
the KISS authority shall publish
a clear Child Protection Policy document
in the institution which shall
be read and signed by all the people working in the institution within a month period.
Though six months have passed, KISS Authority
has not complied the direction of CWC, Khurda.
7.
Defamation case filed against Achyut Samant by Sanjukta
Panigrahi, eminent Woman Activist of Odisha
01.09.2017 at about 7P.M,
Kalinga TV of Achyut Samant telecast a news item making several false,
baseless, imaginary and defamatory allegations against Smt. Sanjukta Panigrahi and
other Activists with an intention to blackmail her and tarnish her public image
. Smt. Panigrahi filed a Defamation case in the court of Civil Judge (Senior
Division), Bhubaneswar seeking a decree of permanent injunction restraining
Kalinga TV from telecasting any defamatory news against her and decree of
damage for Rs. 50000000.00 against Sri Achyut Samant. The Court has taken cognizance of the case
and issued notice to Achyut Samant and others.
8.
RTI not complied by KIIT of Achyut Samant
As per section 2 (h) (d) of the RTI Act, KIIT, KISS and KIIT Deemed
University qualifies to be Public
Authority and is required to appoint PIO and Appellate Authority. But astonishingly,
this Institution is ignoring RTI Act and
not responding RTI Applications. The cases of denial of information by KIIT and
KISS has been pending in Odisha Information Commission and Central Information
Commission.
9.
Criminal Cases against Achyut Samant
A criminal case is pending against Achyut Samant under 120B, 109, 39 and
34 of IPC R/w 15 and 19(b) of the Environment Protection Act 1986 in SDJM,
Bhubaneswar on the complaint of Subash Mohapatra, Human Rights Activist.
Achyuta Samant and others are
accused of illegal construction of their project without obtaining any
prior approval from the Ministry of Environment and Forests as per the
procedure laid down in the Notification and are violating the directions given
under the notifications and being part of criminal conspiracy and for their private
gain with ulterior motive, the accused persons are voluntarily harming the
local environment which is right to life of the people, and the project
functionaries are abetting the crimes. Similarly, another criminal case is
pending in SDJM police station having FIR 114/2017 in Gadisagda police station
under section 120B, 323/341/294/506/452/34 of IPC and 25 and 27 Arms Act.
10 . High Court
Case on illegal Foreign
Funding by Achyut Samant
A case is pending in Odisha High Court against Achyut Samant and Dana
Majhi for illegal foreign funding. Achyut is accused of aiding illegal foreign
contribution transaction and liable to be imprisoned for 7 years.
Pradip Pradhan
M-9937843482
Date-3.1.18
