Crime Branch Inquiry into Ghangapatna Land scam of Odisha at Crossroad !
Innocent Tribals (seller) were arrested, the officials involved in land transaction were arrested but the high-profile Buyers (politicians) were protected by Crime Branch.
1. Background of Ghangapatna Land Scam
In August, 2014, the locals of Ghangapatna, a village located outskirt of Bhubaneswar about 15 kms away from state secretariat of Odisha alleged that huge acres of tribal land had been illegally acquired by late Kalpataru Das and his MLA Son Pranab Balabantaray and Sri K.V.Singhdeo, BJP MLA in name of her daughter and many powerful people connected with Ruling party Biju Janata Dal in Ghangapatana area under jurisdiction of Tahasildar, Bhubaneswar. After this expose and subsequent media coverage, all the opposition political parties and Civil Society Groups organised protest dharana demanding CBI inquiry into this scam. It is popularly known as infamous Ghangapatna land Scam in Odisha. In the midst of protest, to pacify the rising public anger against the Govt. Chief Minister declared that Crime Branch would conduct inquiry into it in the month of August, 2014. Just after few days, the Govt. declared that 70 acres of land of Ghangapatna returned back to Govt. fold.
2. Use of RTI – A Tool to verify authenticity of information disseminated by Govt.
On 9.9.2014., the Crime Branch lodged complaint (Case No. 22 dated 9.9.2014) , registered under section 120(B)/420/467/468/471 IPC and started inquiry into it. After few days , it was reported in media that Crime Branch had returned back all land to Govt. khata. To verify the authenticity of information, two RTI Applications dt. 19.9.14 and 31.12.14 were submitted to the PIO, Office of Revenue and Disaster Management, Govt. of Odisha, Bhubaneswar seeking information about details of Ghangapatana land returned back to Govt. khata.
The PIO forwarded both the RTI Applications to the PIO, office of Collector, Khurda which was eventually forwarded to the PIO, office of Tahasildar , Bhubaneswar to supply the information. On denial of information by the PIO, office of Tahasildar, Bhubaneswar , Second Appeal cases were filed in the office of Odisha Information Commission which were registered as SA Case No. 284/15 and SA Case No. 1655/2015.
3. Hearing of SA petitions by Sashi Prava Bindhani, SIC and Mockery of Odisha bureaucracy with tacit support from the Commissioner - An Interesting story
After two years, the hearing of both the Second Appeal petitions SA No. 284/15 and SA No. 1655/2015 was started by Mrs. Sashi Prava Bindhani, Odisha Information Commissioner from 9.2.17. The Commission heard the case twelve times ( within period of one and half year ) on 9.2.2017, 14.7.2017, 16.8.2017, 8.9.2017, 3.10.2017, 29.1.2018, 9.2.2018, 16.4.2018, 15.5.18, 26.7.18, 6.9.2018 ( date of disposal). The reason behind fixing so many dates for hearing of the cases is that though the Commission repeatedly issued notice to the PIO, office of Tahasildar , Bhubaneswar, he /she neither responded the Commission nor filed any submission in respect of compliance to RTI Application nor cared to the Commission to appear in the hearing. Then, Mrs. Bindhani issued notice five times to ADM, Khurda under Odisha Information Commission ( appeal procedure) Rules, 2006 to conduct an inquiry into it and sought information from the PIO, Tahasildar. Astonishingly, ADM did not respond the Commission. Mrs. Bindhani could not do anything, though the Commission has ample power to take legal action against them. It is also very interesting to note here that the PIO, office of Collector, Khurda submitted to the Commission that though office of Collector issued direction 13 times within period of one year from 5.5.2017 to 5.4.2018 to Tahasildar, Bhubaneswar to provide information along with copy marked to Commission, the office of Tahasildar simply continued to ignore the order of the Collector, Khurda. The Collector did not take any action against him but continued to send reminder time and again to provide information.
. 4. Supply of information by PIO, office of Tahasildar, Bhubaneswar
After one year of long silence not even ignoring repeated notice of the Commission, PIO , office of Tahasildar, Bhubaneswar supplied the information on 8.2.18 and 9.5.18 which is presented below.
a. The original case records have been seized by the economic Office wing of the Odisha crime Branch in connection with EOW Case No. 22 dated 9.9.2014. The PIO provided complete seizure list prepared on 10.9.14 and 3.1.15. This list does not contain any information about name of the lease holder against whom cancellation of Land lease case was filed.
b. The PIO supplied copy of the Khata No. 614 relating to Mouza : Ghangapatna indicating details of land reverted back to the Government Khata .
c. The PIO mentioned that Since the matter is under investigation by the EOW, Odisha Crime Branch, difficulties have been experienced to provide other information sought for.
d. It means investigation of Crime branch is going on since 5 years. In the name of investigation, Crime Branch has suppressed the scam in order to protect land grabbers.
5. Complaint filed in Lokayukta, Odisha
With availability of information, I filed complaint petition dt. 29.8.19 in the office of Lokayukta , Odisha seeking investigation into Ghangapatna LAND Scam and find out the reasons for pending of inquiry in the office of Crime Branch for five years . Taking cognizance of the case LY Case No. 289/19 the Lokayukta, Odisha issued notice to Addl. DG, Crime Branch to submit detailed report about inquiry into huge Corruption, Irregularities in sale and Purchase of lease land in Ghangapatna area of Bhubaneswar, Dist -Khurda by 17.10.19 .
a. On 4.11.20., the Additional DG, Crime Branch produced the report in the Lokayukta, Odisha about status of investigation. The report in toto is presented for the reference of the readers. However the gist of the submission is presented.
As per the submission of the Crime Branch , Gokarneswar Charitable Trust, represented by Pranab Balabantaray , BJD MLA had purchased an area of Ac 5. 240 dcml in Moua-Ghangapatna during the period of 21.2.2009 to 14.7.2010. Out of the above-mentioned land, Ac. 3.00 dec. land have been purchased from first-line purchasers ( purchase of land from the lessees) and Ac.2.00 from second line purchasers. And remaining Ac.0.240 dec. land is stitiban land purchased from different people which does not within the purview of investigation. At the time of purchase of the land by trust, the land records were in the name of original lessees/ purchasers because of non-correction of revenue records despite such orders passed by ADM during the period 1984-86. Thus the allegation against Gorkaneswar trust and its trustee Pranab Balaantaray is yet to be fully substantiated. However, investigation in the matter is continuing.
M/S Nivritti Export Private Limited, Director Nivritti Kumari Singhdeo , D/O- Kanak Bardhan Singhdeo had purchased the land to the extent of Ac. 7.00 . Ac.5.00 was purchased under sale deed from original lessees during the period of 2007-08. The company had also purchased Ac.2.00 land from first line purchasers in two different sale deeds. The allegation against M/S Nivritti Export Private Limited , its Director Nivritti Kumari Singhdeo is yet to be fully substantiated . However, investigation is continuing for collection of documents and examination of few more witnesses and final view will be taken after completion of all aspects of investigations.
The Crime Branch further submitted referring letter of Tahasildar , Bhubaneswar dt. 17.10.2019 that out of 18 acres lease land which is under investigation, 16 acres lease land has been restored to Govt. Khata . This 16 acres of land includes land purchased by M/S Nivritti Export Private Limited and Gokarneswar Charitable Trust. The rest two acres of land is under the process of restoration to Govt. Khata
b. Following the submission of the Crime Branch report , I ( the petitioner ) raised before the Lokayukta the issue of Non-completion of the investigation by the Crime Branch even after completion of 6 years and submitted that Crime Branch had masterminded suppression of investigation to protect the main accused. On 16.12.19, the learned counsel of the Crime ranch submitted and prayed for another six months time to complete the investigation. The Lokayukta allowed. Then the Crime Branch took another 3 months to finish the investigation.
c. On 16.9.20, the Crime Branch made submission that charge-sheet has been submitted to the court of SDJM, Bhubaneswar vide chargesheet No. 6 dt. 16.9.20 u/s 167/409/420/467/468/120-B IPC against twenty accused persons including officials to face their trail in the court of law. However, further investigation as envisaged U/S 173(8) CrPC has been undertaken to collect other documentary as well as oral evidence and to examine the complicity of other persons in the alleged crime.
Presented in the Press Meet on Land Scam in Odisha held in Bhuaneswar on 4.11.20 by Pradip Pradhan, Srikant Pakal, Debesh Dash, Sudhir Mohanty, Sanjukta Panigrahi, Sarbeswar Behura, on behalf of Odisha Soochana Adhikar Abhijan ) Contact No. -9937843482
