Non-collection of Water Tax causing colossal loss of Rs.3400 crores to State Exchequer

Non-collection of Water Tax causing colossal  loss of Rs.3400 crores to State Exchequer due to unholy alliance of Chief Minister with Companies, Exposed under RTI

Dear friends

Water Tax is the major source of revenue of the state.  A number of companies have been allocated water from various   rivers like Mahandi and its tributaries. From 2010 to 2017, a total quantity of 1229.857 cusecs of water has been allocated to 113 companies from various rivers more particularly from Mahanadi. But Water Resources Department which has been under control of Chief Minister since last 15 years  has miserably failed to collect water tax from these  Companies due to nexus of Chief Minister with these Companies.   Many of the Companies have brought stay order  on imposition of water tax  from High Court  since 2000 , year of Nabin Patnaik being elected as Chief Minister of Odisha.  The Minister, Officers and Engineers are so inefficient  that  they could not be able to vacate  State Order in High Court within period of 18 years.  Non-payment of water tax  by the Companies  has caused  a colossal loss of 3400 crore rupees  to state exchequer. If interest against pending amount is charged, it will be more than Rs. 5000 crore revenue loss to state exchequer. It is learn that Ministers, officers and Engineers are hand in gloves with these defaulting Companies and have been bribed heavily for not getting stay order vacated.   Steps taken by the Dept. to collect  water tax from the Companies  has remained  just eye wash exercise since 18 years.  

RTI Application was filed to the PIO, Dept. of Water Resources seeking information about water tax pending against companies in the State and steps taken to recover them. On 21.2.18, the PIO , office of EIC, Water Resources has supplied the following information.

1.       Total no. of 287 Companies have not paid water tax  to State Govt.

2.       Total outstanding of water tax against these Companies is Rs. 3411 crore.

3.       Major  companies  which  have deliberately not paid water tax for years together is as follows.

Sl.No.	Name of Company	Amount pending ( In crores)  as on 31.12.17	Arrear pending
1	Ballarpur Industries, Choudwar	255.21	30.5.2000
2	Arati Steel	40.07	March, 2013
3	Maheswary Ispat Limited	23.66	Nov. 20111
4	S.E.Railway, Jharsuguda	211.32	1.4.2000
5	Orient Paper Mills, Brajaraj Nagar	129.15	1.4.1999
6	M/s Bhusan Ltd.	50.26	Dec. 2004
7	Tata Refactories Ltd., Belapahad	39.08	1.4.1999
8	M/s  Shyam DRI  Pvt. Ltd.	62.24	Sept.2006
9	Rathi Steel & Power Ltd.	20.74
10	M/s ESPL Ltd.	13.68	Oct.2006
11	Sree Mahavir Ferro Alloys , Jiabahal	34.15	March, 2012
12	Adhunik Metaliks	29.72	Sept.2013
13	Vedanta Allumini Ltd.	10.86
14	Jindal Steel and Power Ltd.	39.50
15	NALCO, Angul	655.46	1.4.1999
16	Reliance Industries, Dhenkanal	26.52	1.4.1993
17	Bhusan Steel Limited	33.02
18	BRG Iron &Steel Co. Khuntuni	11.63	Oct.2010
19	Tata Steels, Joda	93.61	Jan., 1996
20	J.K.Corporation Limited, J.K.Pur	16.24	26.9.1994
21	Esar Steels India, Pvt. Ltd., Keonjhar	10.59
22	Sewa Paper Mill, Jeypore	443.83	2000
23	NALCO, Damanjodi	147.35	1.10.1999

2. Though many of the Companies  have brought stay order  from High Court against arbitrary imposition of Water Tax , the State Govt. have miserably failed to vacate stay order  and collect water tax  from the Companies  since 20 years.   It has been possible because of nexus of Chief Minister, top bureaucrats and Engineers of the Department.  Total No. of 23 Companies  have obtained stay order from High Court  and not paying water Tax. The details of Stary order obtained by the Companies from the High Court is as follows.

Sl.No.	Name of Industry	Court Case No.	Stay order /Decision, if any
1	Tata Steel	WP( C) No. 4602/2006	Stay is in force which is issued by High Court  on 4.9.2006
2	Bellarpur Industries , Choudwar	OJC No. 2120/1996 OJC No. 3885/1997 OJC No. 2554/2000	Stay order issued by High Court on 30.5.2000 and still in force
3	Bellarpur Industries, jeypore	OJC No. 1899/1996 & ojc No. 6503/2000	Court directed  on dated 9.8.2000 not to take  any coercive action  and stay in force
4	Tata Refractory Ltd.	OJC No. 1903/1995	Stay order issued by High Court  on 14.2.1995 and still in force
5	NALCO, Damanjodi	OJC No. 2083/1995	Stay On 23.8.2006, still in force
6	J.K.Corporation	OJC No. 6348/1995 & a new case WP (C ) No. 4199/2016	Stay since 26.9.94 and is still in force
7	NALCO, Angul	OJC No. 3783/1994 & OJC  No. 1149/1995	Stay granted on 23.6.1994 and still in force
8	Jindal Steel and Power Limited	WP( C) 18971/2015
9	Sri Arati Steels	WP (C ) No. 11955/2013 & 18581 of 2013
10	M/S Ganesh Sponge Pvt. Ltd.	WP( C ) 18907/2014
11	Orient Paper Mill, Brajaraj Nagar	OJC No. 4861/1994 OJC No. 2597/1995 OJC No.- 2078/1999
12	Odisha Synthetic, Baulapur( Reliance Industries Ltd.)	OJC No. 4075/1994	Stay from 12.8.1996 and further on 6.3.2003, still in force

Pradip Pradhan

M-9937843482

Date-3.3.18

Information about allotment of land /plot by GA during 1990-1995 is kept secret

Information about allotment of land /plot by GA during 1990-1995 is kept secret and denied under RTI by officials of GA Dept.

• ·         A good number of officers, political heavy weights, political leaders and powerful people  have taken multiple plots  by twisting the plotted  schemes-1989   in their favour.
• ·         GA Dept.  is maintaining top most secrecy  in the matter of disclosure of said information.
• ·         This corrupt coterie prevented these land records from accessibility by Task Force in 2014.
• ·         Despite order of Information Commission and First Appellate Authority, the information is not provided. Magnitude of irregularities and illegalities  in allotment of plot is  quite thinkable. 
• ·         If it will be disclosed, the Pandora Box of illegal plot grabbing of GA Dept during  chief ministership of Biju Patnaik in 1990-95 will be opened up.

Dear friends

After CAG expose about huge irregularities and illegalities in respect of allotment of land by GA, BDA, CDA and Odisha State Housing Board in 2014, the State Govt. constituted a Task Force under chairmanship of Dr. Taradatt,the then Secretary, Dept. of Revenue and Disaster Management, Govt. of Odisha  to  review allotment of land   since 1995 and recommend  for taking further action by Govt.  The assignment of review of land since 1995 was questioned by the opposition parties and Civil Society Groups. Why the Govt. did not include land /plot allotted during Chief Minister ship of Biju Patnaik from 1990 to 1995 within purview of investigation by Task Force.

While submitting the Report in Nov.2014, the Task Force has mentioned that the Committee was not provided the information by the officials about the land/plot allotted to 3000 allottees during pre-1995 period. For which the Task Force could not reach  at the conclusion  whether the  allottees allotted plot  by GA Dept.  have taken multiple plot. Keeping it in view, the Task Force Committee recommended for  review and audit of land/plot allotted in pre-1995 period.

After disclosure of the Report, RTI Application dated 7.3.15  was submitted to GA Dept. seeking the following information.

1. copy of  the Principles and Applications for allotment of  Lands at Bhubaeswar  issued by then Services and Political Dept.  in 1970 following which the land was allotted.  ( please follow Taradatt  Task Force Report , page No- 60)

2. copy of the plotted Scheme declared in 1987 for allotment of Govt. land  in new capital Bhubaneswar for residential purpose.

3. copy of the plotted  scheme declared by Govt. in  1989 for residential colonies at Bharatpur, Ghatikia, Shampur, Aiginia.

4. list of  plots allotted to different persons with their name and address  in 1990 and 1991  in Bharatpur, Ghatikia, Aiginia and nearby villages  through lottery which held on dated 24.6.1991, 25.6.1991 and 26.6.1991  . ( please follow Taradatt Task Force  Report, page-62)

v. Provide copy of Resolution No. A/L(rnst.) 70/96-15568/CA dated 9.11.2000.

As the PIO  and the First Appellate Authority did not respond my RTI Application, Second Appeal dated 1.7.15 was filed to Odisha Information Commission. After span of 3 years, Odisha Information Commission started hearing  of the Case ( Second Appeal No. 1647/15)  and directed the  First Appellate Authority to hear  and dispose the case.  On 2.2.18,   The First Appellate Authority heard the case  and opined that  “  the information sought for  by the applicant  does not come  under any exempted  category  hence there should not be  impediment  in supplying the information. He  directed  the PIO to supply the information within 15 days.  But though the time limit  has passed, the PIO  has not provided the information.

Comments

1.       Task Force  was denied   the said information for which  the Committee could not complete the investigation.

2.      Despite recommendation of Taradatt Committee Report, the  comprehensive  list of allotment of plot/land  by GA in pre-1995  has not yet prepared .  

3.      Similarly, the information under RTI is also denied  by GA Dept. officials since four years.

4.      It is proved that there is huge scam and manipulation and irregularities in allotment of land/ plot by GA dept from 1990 to 1995  for which  utmost secret is maintained in respect of disclosure of information about allotment of plot  by GA .

5.      During this period  many IAS officers like Tarun Kanti Mishra, Sri Upendra Behera , Sri Bijay Sharma, IPS  and many others have taken  multiple plots   and filling false affidavit  by manipulating   and redesigning the plotted schemes, 1989  in order to suit  their interest of  grabbing number of plots  in Bhubaneswar. Many IAS, IPS officers, Ministers, MLAs   have taken multiple plots  from BDA, CDA, Housing Board and GA.  These officers are nurtured and protected  by  Nabin Patnaik Govt.

6.      In order to protect these officers  and political people,  GA Dept. is trying hard  not to disclose the  said information.

However, my fight for disclosure of said information and bringing the land –grabbers to limelight  will continue for greater interest of the State.

Pradip Pradhan

M-9937843482

Date- 28.2.18

Ombudsman- A System of NREGA-Grievance Redressal Mechanism is disaster in Odisha

In 2010, using its power under section 27 of MGNREGA ( Mahatma Gandhi National Rural Employment Guarantee Act), the Central Govt. issued Instruction along with Guideline for constitution of Ombudsman for redressal of  grievances and disposal of  complaints relating to implementation of NREGA to all states including Odisha. This instruction was issued  in the backdrop of  reported alleged  corruption and irregularities  in implementation of NREGS work, denial of wages to labourers,  preparation and submission of false bills by Govt. officials, manipulation of Muster Roll etc. Following the direction of Central Govt., Govt. of Odisha issued circular  dt.17.2.2010 seeking application from interested persons  for post of Ambudsman. In 2011 and 2012, the State Govt. appointed Ombudsman in all districts for two years. After their tenure is over in 2013 and 2014, almost all districts were left with no Ombudsman till  yet.  

RTI Application was filed to the Dept. of Panchayat Raj  seeking information about details of appointment and functioning  of Ombudsman  in Odisha. The information provided by the PIO dated 17.2.18 is as follows.

1.              Ombudsman has been appointed in 11 districts i.e., Bolangir, Baragarh, Bhadrak, Jharsuguda, Khorda, Koraput, Mayurbhanj, Malkangiri, Nuapara, Rayagada and Sundargarh.

Sl.No.	Name of District	Name of Ombudsperson	Date of joining
1	Bolangir	Rabindra Kumar Tripathy	20.6.16
2	Baragarh	Mohit Kumar Mohapatra	29.7.2016
3	Bhadrak	Lalita Sahu	20.9.2017
4	Jharsuguda	Jayarayan Patel	17.6.2016
5	Khorda	Satyananda Jena	9.10.2017
6	Koraput	Uma Charan Choudhury	30.10.2017
7	Mayurbhanj	Swarupananda Kar	19.7.2016
8	Malkangiri	Durga Prasad Tripathy	1.8.2016
9	Nuapara	R. Bijay Raj	14.9.2017
10	Rayagada	Bidulata Huika	26.7.2016
11	Sundargarh	Jemes Ekka	21.9.2017

2.              No Ombudsman has been appointed in 19 districts i.e., Dhenkanal, Gajapati, Sonepur, Nawarang Pur, Nayagarh, Angul, Balasore, Boudh, Cuttack, Ganjam, Jagatsingh Pur, jajpur, Kandhamal, Kalahandi, Puri , Kendrapara, Deogarh, Keonjhar and Sambalpur.

3.              Appointment of Ombudsman in Kendrapara  has been challenged in the court. The matter is under subjudice.

Comments

Though Ombudsman has been appointed in few districts, it is not functioning properly due to lack of secretarial support and non-cooperation of district administration.  Sri Durga  Tripathy  who was appointed  as Ombudsman since 1.8.2016 could  not  conduct any hearing or inspection of work  due to lack of  transport facilities and other official support. He is seen sitting idle without discharging any duties. Similarly, A. Sadanand Rao , a retired ADM who  was appointed  as Ombudsman  of Ganjam district  in 2013 was not allowed to function independently. He was harassed by District officials and denied secretarial support and transport facilities. He was also denied remuneration. Being humiliated and tortured by officials and deprived of his right, he filed complaint to National Human Rights Commission seeking justice. NHRC heard the case and issued notice dt. 27.11.15 to  Chief Secretary to submit the Action Taken Report within six weeks.  As I recall, this man was struggling and fighting the case  with NHRC for justice. It was learnt that  the District administration of Ganjam  has  deliberately  hatched  conspiracy  not to allow Ombudsman  function properly   in order to give credit to Chief Minister   that  there  can never be  corruption in NREGA   in the district  which is  represented by by Nabin Patnaik. Suppressing corruption in NREGA, the district administration succeeded in getting  award  for best performing district in the field of NREGA.  Since A. Sadanand Rao, there is no appointment of Omdudsman  in Ganjam district. But there is widespread corruption and irregularities  in implementation of NREGA through out  Ganjam district.

Pradip Pradhan

M-9937843482

Date- 25.2.18

Special Audit Report on cases of Multiple allotment of land gathering dust in Office of CM since two years.

Special Audit Report on cases of    Multiple allotment of land/house /Flat  gathering dust in Chief Minister Office since two years.

This is sorry state of affairs of Best Administrator Awardee of India

Dear friends

After  expose  by  CAG( Comptroller and Auditor General of India) about huge irregularities  in allotment of land/plot/flat by BDA/CDA/GA/Odisha State Housing Board and followed  by mass demonstration  by opposition political parties  and Civil Society Groups demanding CBI inquiry into it, the Chief Minister constituted  Task Force   headed  by Dr. Taradatt, IAS on 2.8.14 to review all allotments of more than one land/plot/flat to the members of same family and allotment under discretionary quota  to ineligible persons. The Task Force Committee produced the report on 31.10.14.

Following Recommendations of Task Force, the State Govt.  came out with Action Taken Report  which was passed by State Cabinet meeting held on 18.12.14.  On Point No. 7 of ATR , it is mentioned  that “ List of multiple allotments pointed out  by Task Force  has been made on limited information supplied by BDA.CDA and OSHB. Finance Dept. therefore will conduct a special audit of all left out cases of multiple allotments as recommended  by Task Force in para 48(2). Action should be taken by the concerned authorities against such allottees.

Keeping it in view, RTI Application was submitted to the PIO, Dept. of Finance, Govt. of Odisha seeking information about  details of steps taken  by Finance Dept.  for conducting  special audit  of all left out  cases of multiple allotments  as recommended by Task force. Name of the officers involved in conducting special audit.

On 24.1.18, the PIO has  supplied the following information.

1.       As per letter No. 29987/F dtd.21.11.15, special audit on cases of  multiple allotments of land/House/Flat by BDA/CDA/OSHB /GA  Deptt.  In connection with recommendation of Task Force  during period  from 1.1.1995 to 31.3.15  was conducted  by  the audit personnel  of Finance Dept.

2.       The Members of the Audit Team were  as follows. The Audit  was supervised by Sri G.C. Sahoo, consultant.

Name of the organisation	Name of Audit Personnel
BDA, Bhubaneswar	Sri S.K.Ray, AAO, Sri P.K.Chakra, Auditor Sri B.K.Das, Auditor. Sri A.K.Swain, Auditor Sri Akshaya Kumar Bhoi, Auditor
CDA, Cuttack	Sri N. Mohapatra, AAO, Sri J.Dhal, Auditor Sri B.S.Behera, Auditor, Sri D.K.Kahali, Auditor Sri Brundaban Baisakh, Auditor
Odisha State Housing Board	Sri S.C.Behera, AAO, Smt. S.L.Mishra, Auditor Sri H.S.Swain, Auditor, Sri Dillip Kumar Das, Auditor
GA Department , Bhubaneswar	Sri B. Samantaray, AAO, Smt. M. Nayak, Auditor Sri S.K.Pradhan, Auditor

3.       The Audit started  their work from 23.11.15 and to report on 30.11.16. The Audit Teams were given 30 working days to complete the work.

4.       The Audit team produced the report to GA Department  in 2016.

Comments

1.      Though two years passed, the Audit report is gathering dust  in GA Dept. headed  by Chief Minister.

2.      In the meantime,  the present Chief Secretary  has conducted two review meeting  of  progress of ATR in respect of  recommendation of Task Force.

3.      In both the review meetings, the Chief Secretary has not  discussed  about special audit report and nor taken any action.

4.      Inquiry into irregularities in allotment of land/plot is just eye wash exercise  and designed  to cheat the people.

5.      Though 3 years have passed, not a single plot or land has been recovered from the people who have taken multiple plots and illegally land by filling false affidavit or plots under DQ.

Pradip Pradhan

M-9937843482

Date-22.2.18