Updating KIIT Land Scam in Bhubaneswar

 

Land Scam of Achyut Samant, founder of KIIT and KISS, Crime and criminality of Sri Samant was  exposed under RTI

 

 In 2013, the  Comptroller and Auditor General of India presented  its report  ( General and Social Sector Volume- 3 ) exposing  how  Sri Achyut Samant had acquired land measuring 82 acres through fraudulent means having unholy alliance with corrupt bureaucrats.   As per information obtained under RTI, Sri Samant   has acquired around 30 acres of forest land without obtaining any sanction from the State Government or Ministry of Environment and Forest, Govt. of India. Despite NGT Order,   Govt. of Odisha  has miserably failed  to  return back the land from KIIT due to his  criminal nexus with   State administration ( despite our plethora of complaints, Chief Minister has not   ordered  for any inquiry rather promoted  and protected  him).

 

1.       Since last 3 years,  several RTI Applications have been filed in the    Department of General Administration under Chief Minister to get the information about details of  land leased out to KIIT and KISS.  The Department had been avoiding  to provide the said  information. However after intervention of Odisha Information Commission and our repeated  persuasion,  the GA Department  at last provided  the information  which  exposed  how Sri Samant  has acquired  another  11.438 acres of valuable GA plot   through fraudulent means  and adopting all illegal means with  the knowledge of state administration. It is such  an  interesting Scam masterminded  by Sri Samant  which has never happened anywhere in history of Odisha.

 

On 7.7.18, the PIO, Department of General Administration has provided the following information.

·         As per available records, no land has been leased out in favour of KIIT, KIMS and KISS by the GA department.

 

·         Though KIIT has applied for land to GA department for several times, the Govt. has not leased out any land to it.

·         But  as per  the report of Revenue Inspector of GA Department which was presented  to State Govt. on 23.9.13, it  was  found that KIIT  has  unauthorisedly and illegally acquired  huge land in Patia  mouza, Bhubaneswar.  KIIT has already constructed multistoried building over plot no.-347 ( pt) Ac. 2.500.

 

·           An area measuring Ac.1.550 pertaining to revenue plot no. – 412(pt) kisam-Godanda is lying vacant but acquired by Sri Samant and a compound wall around the said land has been constructed.

 

·         An area measuring Ac. 0.558 dec Govt. land pertaining revenue plot No.-350(pt) and 407 (pt)  is encroached by  KIIT  constructing  compound wall  and asbest house over the said land.

 

·          KIIT also unauthorisedly constructed compound wall over revenue plot No. -319 (pt) Ac. 5.725, plot No. 320(pt) Ac.0.300 of Khata No.491 and revenue plot no. -318 (pt) Ac. 0.905  Khata No. 493 of Mouza Patia.

 

The details of land illegally acquired without sanction of State Govt.  as per abovementioned information is as follows.

Mouza	Khata No.	Plot No.	Area in Ac.
Patia	493	347	2.500
DO	492	412	1.550
DO		350,407	0.558
DO	491	319	5.725
	DO	320	0.300
	493	318	0.905
Grand Total			11.538

 

2.       KISS has also encroached 10 acres of   revenue forest land  having plot no. 541(p) , khata no. 420   in Pathargadia  Mouza. Though KISS has submitted diversion proposal, it  has not  been accepted  by Govt. The Govt. has directed  the Tahasildar, Bhubaneswar  vide letter No. 4971 dt. 22.10.14  for appropriate legal action. Though 6 years passed,  this  order is gathering dust  in Tahasil office.

 

3.       On 16.1.2019, RTI application was submitted to the PIO, office  of BDA, Bhubaneswar seeking  details of building plan approval made  to KIIT for  construction  of  building  on the  above-mentioned plots. On 5.2.2019, the PIO has  intimated  that no application has been receied for approval of building plan over the Plot No. 347,412,350,407,319,320,318.

 

4.       Similarly, KISS  has encroached  another 4.032 hect  forest land in Mouza-Pathargadia  under Bhuaneswar Tahasil. After  this  issue  was raised, KISS  submitted  diversion proposal to DFO, Chandaka Wildlife Division on 1..1.17 which has not yet approved.

 

5.       The encroachment  of 18 acres  of  forest land  ACQUIRED by KIIT  which has been challenged  in National Green Tribunal  in 2016. The NGT order in Case No. 92/2016/EZ for  returning back  this encroached land and fencing around it  has not yet been carried out by the Govt.

   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  

 

updating Huge Irregularities in allotment of plot/land in Bhubaneswar and Cuttack

 

Huge Corruption, Irregularities and Illegalities in allotment of land/plot by GA, CDA, BDA, Odisha State Housing Board in Twin City Bhubaneswar  and Cuttack

 

1. In view of CAG report  ( Report  of CAG on General and Social Sector , Volume-2 and 3presented in 2013 and laid in assembly in 2014 ) about  alleged irregularities in allotment of land/houses/ flats by Bhubaneswar Development Authority (BDA), Cuttack Development Authority  (CDA),Odisha State Housing Board (OSHB) and General Administration (GA) Department and IDCO and subsequent demand by Opposition parties  and Civil Society Groups for CBI inquiry in form of street protest, the State Government constituted a  Task Force  on dated 2.8.2014  to review all the allotment of more than one land/houses/flats to the members of the samefamily and allotment under discretionary quota to ineligible persons from 1995 to 2014 and submit its report within 4 months. 

 

2. The Task Force led by Dr. Taradatt, Addl. Chief Secretary with the members such as Commissioner-cum-Secretary, H&UD Department and Special Secretary, Dept. of GA produced their report on 3.11.14. The  Task Force Report   came  out  with  details  of huge  illegal allotment  of plot by BDA, CDA, Odisha state  Housing Board, pre and post-possession transfers  of land by  some  people and multiple plots  taken by the  people  by filling  false affidavits. The Task force  also made  series  of recommendations  along with cancellation  of all  discretionary  plots  allotted by Minister  for  Housing and Urban development  terming  it  as illegal.  

 

3.  The report was placed before state cabinet on 18.12.14 and it was endorsed with   Action Taken Report   which was later on published in official Gazette on 30.1.2015.    

 

4.  After considering the recommendations, the cabinet inter alia has directed that the modalities of implementation of the report would be worked out in consultation with the Law department and the Advocate General within 90 days. On 6.5.15, after due consultation, the Govt.  finalized Modalities  for implementation of the recommendation of the Task Force.  

 

5.  The Chief Secretary also conducted several times the review meeting regarding progress and implementation of the recommendation of Task Force on multiple allotments of plots/houses/flats at Bhubaneswar and Cuttack.

 

6.In order to study the progress of Action taken by BDA, CDA, OSHB, Department of GA and Finance, RTI Application was filed several times   to all the offices to get the information. All the PIOs have supplied the information within the month of April to June, 2018.  The details of information provided by them are mentioned below.

 

7.       Status of  Inquiry by Bhubaneswar  Development  Authority

As per  information supplied  by BDA, Bhubaneswar , it  is found that

i.732 nos. of Show-cause Notices relating to Discretionary Quota Allotments have been served to original allotteee by BDA. Out of it, 36 nos of notices returned unserved and pending for paper publications.  653 no. of Show cause replies received has been kept  for hearing by the officers   to be appointed  by Government. Three writ petition cases have been filed by the allottees after receipt of show-cause notice.

ii. Show cause  notices issued to 148 allottees  under category of multiple allotments. Out of which 15 notices have been returned un-served. 11 no. of allotments  have been cancelled. 108 no. of allottees have responded to Show cause notice and kept for hearing.  2 of them have filed case in High Court. Though allotment  has been cancelled, but BDA  has not brought it  to its possession. These plots are still enjoyed  by the people in possession.  

 

iii. DSP( Vigilance) , Cuttack  was handed over 332 nos. of Original Allotment files  and all available general files of different schemes.

 

 

8.  Status of Inquiry by Cuttack Development Authority,Cuttack 

i. As per information supplied  under RTI dated 18.6.18, CDA provided   a list of 1091 allottees  who have  been issued  show-cause  notice in August 2016 on the ground of false affidavit, multiple allotments and land allotted  under Discretionary quota.

ii. CDA has provided list of   12 nos of plots cancelled on ground of multiple allotment. But   possession of plots have not been taken over till yet.

iii. Though 3 years have passed, CDA has not yet started hearing of the response of Show-cause notice issued to allottees.

 

9.  Status of Inquiry by Odisha State Housing Board, Bhubaneswar 

i.   Out of 67 Discretionary Quota allotment, OSHB issued show cause notice to 66 persons except

one whose allotment was cancelled for other reasons.  Not a single plot has been cancelled by OSHB till yet.

ii. Out of 37 multiple allotment cases,  25 persons  have been issued  show-cause  notice and  12 allottees  were not issued  show cause  as allotment was made made as per schematic provision.

iii. 15 cases have been referred to State Vigilance for inquiry.

iv. Three allottees have applied to OSHB for return of their land. They  are Sajjal Kumar Moulick, Pranab Balabantaray and Snigdharani Sahu.  It is very  interesting to note that  though  they have applied to return the land,  OSHB  has not taken any steps  to recover  land  from them.  

 

10.  Inquiry  by General Administration Department

i. The  modalities  issued by GA Dept.  for implementing recommendation of Task Force ( Para-IV)  stipulates that GA Department  should take immediate  steps  for review and update  the list of allottees  who availed  the irregular  benefit of more  than one allotment of land /flat/ house  against specific schematic provision  on the basis of allotment  made prior to 1.1.1995. This  process should be completed within a period of 3 months.  But GA Department has  not  yet  prepared this list of allotment prior to 1.1.1995.  it deserves  to be mentioned here that allotment of 3000 plots was made in 1991 and 1992 under plotted  Scheme “ Allotment of Residential Plots in new colonies within Bhubaneswar  Municipality Area, 1989”.  The list of 3000 allottees was not handed over to Task Force  Committee despite their several requests.  Even this  information is  also not provided  under RTI Act.  As because  there is huge corruption and irregularities in allotment of the plots under the said   scheme, the GA Department is not deliberately  disclosing the list of  3000 allottees in public domain.

 

11. Status of   Inquiry  by Director, Vigilance, Cuttack

As  the  office of Director, Vigilance has been kept from the purview of  RTI Act,  we  could not  gather  any information from the  Vigilance Department.  But  as per  the information supplied   by BDA on 17.5.2018, it was  found that Vigilance had been handed over 332 no. of allotment  files for  inquiry and so far 4 no. of cases  have been instituted  by Vigilance  Cell, Cuttack. Similarly,  as per information obtained from OSHB on 26.5.2016,  15 no. of allotment cases  have been referred  to State vigilance for inquiry. But  no progress  has been  developed by State  Vigilance  in respect  of inquiry  into allotment of plots/land/flats.

 

12.   Status of Special Audit  by Finance Department

 The Modalities prepared  by Govt. for implementation of the recommendations of  the Task Force  stipulates ( Para – vii)  that  the Finance Department  should conduct  special audit  in respect of  the left out  cases of multiple allotments  as recommended  by  Task Force  in Para 48(2) and to find out  the actual number  of discretionary allotment made  after 1.1.1995 as recommended  in Para  48 (5)  of the Task Force  and also of  allotment  made  after 1.1.1995 as has been recommended  in para 48 ( c)  and only after the special audit is completed  on all respected , the modalities  for taking action against  them  has to be prepared  as per  law.   As per  information  supplied  under RTI on 24.1.18,  Special audit  Team  was constituted   as per  the letter  No. 29987/F dt. 21.11.2015. The Finance Deptt. have  completed  this special audit  and the same report  has been submitted  to the GA Dept.  for necessary  action  at their  end.  It deserves  to note  that  though  special audit Report  has been  submitted , Chief Minister  has not taken any steps  for years  together.

 

( Presented by Pradip Pradhan  in the Press Meet on Land Scam held in Bhubaneswar on 4.11.20)