Sashi Bindhani the useless and inefficient Information Commissioner in Odisha

Ms Sashi Prava Bindhani- Most useless and inefficient Information Commissioner in Odisha- Why and How?

·    She lacks expertise and knowledge in writing of proceeding of the case.

·   The copy of the decision of the case disposed by her is sent after 6 to seven months of date of disposal.

·   It is heard from   a staff of the Commission on the condition of anonymity that as she does not have knowledge to write the proceedings, copy of the   decision of the cases could not be sent to the appellant or complainant at the earliest.  

·   She is hardly aware about judicial decorum of the country. 

As I recall, when the State Govt. declared nomination of Ms. Sashi Prava Bindhani for the post of  State  Information Commissioner in June 2015, many so-called NGOs and few  Social Activists got  delighted  and  congratulated Ms. Bindhani  for her elevation to the said post addressing her as Sashi Apa, Lago Raho. At the same time, RTI Activists of Odisha had opposed the selection of both the Information Commissioners questioning the selection procedure devoid of transparency and terming it as arbitrary. RTI Activists have also raised doubt about efficiency of both these Information Commissioners to discharge their duties mostly hearing and disposal of the cases, the primary function of the Information Commission.

Her efficiency or inefficiency was tested and exposed within very short period of time since her joining as Information Commissioner in June 2015. We have come across many cases to prove her inefficiency as Information Commissioner. But now, I herewith present one of the cases for reference of the public to understand her inefficiency, bad performance and poor knowledge about laws. Her substandard and careless writing of the proceeding of the  cases disposed has never happened in any case ever disposed by any Information Commissioner in Odisha.

I am enclosing herewith a copy of complaint of said case addressed  to Governor, Odisha  by Complainant-Information Commissioner Sri Anuj Mohapatra of Balasore seeking immediate enquiry and action against Sashi Prava Bindhani, State Information Commissioner under section 17 of the RTI Act. My write up  has been derived from his complaint petition.  

1.    That, a so-called private Medial Practitioner Sri K.C. Das   (proprietor of Shree Jagannath Ayurvedic Clinic, Darada, Balasore  regd no. 5583), who is virtually a quack and practicing his quackery over the years, without ever bothering over his un-licensed status, used to fraudulently   masquerade him as an M.B.B.S.A. degree holder ( in the style of Dr. K.C.Das ). In continuation of his years long malpractice, he issued a fake Medical Certificate to a patient named Mr. Sarat Ch. Mohapatra on 21.1.2012

2.    Having come across such a concocted certificate, he lodged a complaint to the Collector, Balasore on 6.5.13 with a copy of it duly forwarded to the Chief District Medical Officer, Balasore for enquiry into the matter. 

3.    For about long six months he waited for the results of   enquiry and Action Taken Report, if any, against the alleged culprit who was responsible for issue of a fake Medicate Certificate as mentioned above, but in vain.   Then he took recourse to filing an RTI Application  dated 15.11.13  before  the PIO, office of CDMO, Balasore, requesting for disclosure of the  Action Taken, if any,  in respect of my   complaint filed before the Collector, Balasore. But having got no response from the said PIO, he made the First Appeal before the First Appellate Authority-cum-CDMO, Balasore   to direct the concerned PIO to provide the information. Strangely though, the First Appellate Authority neither heard the case nor disposed of the same.

4.    On 31.3.14, he filed second appeal to Odisha Information Commission to get   the information   with prayer for penalty under section 20 (1) of the RTI Act.

5.    After a long lapse of one year and nine months, Mrs. Shashi Prava Bindhani, State Information Commissioner heard the case registered as SA No.- 885/2014 and disposed it on 21.12. 2015. However, the copy of the decision of the Commission was sent to him after another long lapse of about 6 months i.e., on 18.6.16.

6. While going through the copy of the decision, he found it   a horribly mindless write-up in terms of both language and content. It can be spoken of complete ignorance of the Commissioner about the art of drafting a decision.   The following sentence extracted from the decision on the case ( Para-2) shall amply bear out   apprehension of  anybody about it. (copy of the Commissioner attached here with for your ready reference)-

“ the Appellant  has filed  the Second Appeal memorandum  on 9.4.2014  alleging that  the  information sought  from the  PIO, O/0  the Chief District Medical Officer, Balasore through his RTI Application  dated 15.11.2013 in spite of  filling  of first appeal  petition  dated 16.12.2013”.   Does this sentence carry any meaning at all?

7.In Para 3 of the said decision  ,  she has further mentioned, “  the  Chief District  Medical  Officer, Balasore  in his written memorandum  has submitted  that  the  appellant  had sought information  regarding  allotment  received and expenditure incurred  about  Dengu at Baliapal CHC”.    This is a typical case of superb mindlessness, since the information he  had  sought  for was about the Action Taken  on his  above mentioned complaint  filed before  the Collector and CDMO, Balasore,  which was denied  to him.  

8. The above decision signed by her   proves her rank inefficiency and ignorance not only about how to adjudge a case but how to put a decision in black and white.

9. So many months has elapsed since she delivered the above mentioned decision which was absurd par excellence. Were she able to diagnose her errors as typographical ones, having nothing to do her intent or volition, she could have brought out a corrigendum to rectify the same and intimated the appellant accordingly. But, nothing of the sort has come out in the long aftermath of the mindless decision.  By issuing such a meaningless decision she has not only proved herself as a pitiable creature affected with chronic imbecility, but also caused an infamous disgrace to a quasi-judicial, statutory authority such as Odisha Information Commission.

How the inefficiency and inaction of the Commission affects the RTI Act and the Citizen at large?

 The Mandate of the RTI Act is to empower the   people to access the information held   under the control of the Public Authorities. As the  information is power,  the citizens  file so many  RTI Applications to  different  Govt. offices  to get the  information  so that they  will use it  for their benefit. As per the findings of National Study conducted by RAAG, 80% of the RTI Applicants had filed application to address their grievances.  RTI Act has helped a lot to citizens to solve their problems.  RTI Act has been extensively used by Activists to expose corruption and irregularities in implementation of Govt. programme.  The Information Commission has been constituted to hear    complaints/ appeals  of the  Information  seekers.  If any  delay is occurred  in terms  of hearing  or disposal of the cases,  the  relevant  information, if supplied  with direction of the Commission  will loose its importance  and  may be irrelevant.    The complaint/ second appeal cases are heard   by the Commission after around two years of the  date of filling  of the case.  The Commission took another 5 to 8 months for disposal of the case.  After disposal, the Commission takes another 6 months for sending the copy of the decision to the complainant/ appellant.  The lingering  of the hearing of the case and delay  in sending the copy of the order  has  brought  standstill  in the  implementation of RTI Act  and made the  complainant  hopeless.  The people like Sashi Bindhani is dangerous not only for RTI Act but for the nation as a whole.

Pradip Pradhan

M-9937843482

Date- 26.07.2016

State Food Commission is still defunct in Odisha

State Food Commission is still defunct in Odisha

(A Case of Maladministration of Nabin Patnaik Govt. in Odisha )

It may be recalled that in the month of January, 2016, the state Govt.  disclosed to public about   State Information Commission designated as State Food Commission  by showing  an outdated  Gazette Notification of October,15.  During that time, the opposition political parties and Civil Society Groups criticised the Govt.  for keeping  the  people  in dark  about  functioning  of State Food Commission. RTI Activists   opposed   decision of the State Govt. for designating State Information Commission to function as State Food Commission on the ground that the Information Commission is already overburdened with pendency of 6000 cases.

However, after long fight, the State Govt. was compelled to   issue advertisement seeking application for the post of Chairman and members of State Food Commission in Feb. 2016.  Finally a full-fledged State Food Commission was constituted   with appointment of Chairman and two members on 9.5.16.    

It is worth  to mention here  that   more than 4000 complaint  cases  on denial of  entitlements  under NFSA ( National Food Security Act)  have been filed  in State Food Commission  since January 2016.

RTI Application was  filed  to the PIO, Dept. of Food Supply and Consumer Welfare , Govt. of Odisha  seeking  information  about  details of  functioning  of  State Food omission and details of   cases disposed by them within two months of their functioning.  On 22.7.16, the PIO has supplied the following information.

1.      The State Food Commission is located at Toshali Plaza, Satya Nagar, Bhubaneswar. The space provided to state Food Commission   is under renovation.  At present,  the following supporting staff  has been provided  to run  the Commission:

a.      Member Secretary-1

b.      Administrative Officer-1

c.       Section Officer-1

d.      Assistant  Section Officer-2

2.      Within period of two  months of  their  functioning,  a conference  of RDC, Southern Division, concerned  Collectors, Project Directors , DRDA was held  on 23.6.2016 at Conference  Hall of RDC, Berhampur  to review  the progress  of implementation of  NFSA.

Comments

1. Though State Food Commission was constituted since October.2015, not a single case has been heard or disposed by Commission till yet.

2. More than 4000 complaint cases are pending in Commission for disposal.

3.  If   Salary and allowances of  Chairman and two members  for  two months is calculated, it  will be around  6 lakhs  which is a big loss to state exchequer.

4. It must be remembered that the primary work of the Commission is hear complaint and render justice to deprived one.

5.  Though corruption and irregularities in respect of distribution of Ration card and deprivation of genuine families from list of Priority Households    in the state has become order of the day, State Food Commission is sitting idle without doing anything.    

6. It is needless to mention here that the selection Committee has not given any justification about their competency and efficiency while selecting these persons for the post of Chairman and Members of Commission and why other applicants are less competent to them which has been exposed through RTI.

Pradip Pradhan

M-9937843482

Date- 28.7.16

Fact-finding Report on Hunger and Malnutrition among Kutia Kondh tribes of Kalahandi District, Odisha

Fact-finding Report

 on

 Hunger, Destitution, Deprivation and Malnutrition among Kutia Kondh Primitive Tribal Groups residing on Hilltop of Niyamagiri in Lanjigarh Block of Kalahandi district, Odisha

Date of Visit of the Team: 25.7.16

Members of Fact-Finding Team:

1.     Pradip Pradhan

State, Convener, Right to Food Campaign, Odisha

M-9937843482, Email- foodrightsodisha@gmail.com

2.     Prof. Jantrana Parikhit

President, Odisha Nagarik Samaj, Bhubaneswar

M- 9937234088

3.     Sanjeev Satapathy

RTI Activist & Local volunteer, Bhawanipatna, Kalahandi

4.     Rabi Narayan  Singh

RTI Activist and Local Volunteer, Bhawanipatna, Kalahandi

Right to Food Campaign, Odisha

Address- Plot No:- 393/2035, Padmabati Vihar, Post-Sailashree Vihar, Chandrasekhar Pur, Bhubaneswar-751021

Fact-finding Report on

 Hunger, Destitution, Deprivation and Malnutrition among Kutia Kondh Primitive Tribal Groups residing on Hilltop of Niyamagiri in Lanjigarh Block of Kalahandi district, Odisha

Introduction

In view of repeated coverage of the news in media about poverty and malnutrition among various Primitive Tribal Groups  in different parts of the state  due to callous and indifferent attitude of   state administration and subsequent  steps  taken by the State Govt. to dilute the attention  of public from these issues, it  was decided by Right to Food Campaign, Odisha  to keep  alive  the  issues affecting life and livelihood of the tribals by brining  to limelight  their problem  in public domain  through fact-finding visits. It  is an effort  to establish facts  about  the problems  encountered  by the tribals  and their suffering, untimely death of their  children, mal-administration in tribal areas, mal-implementation of  welfare programme coupled  with  corruption  and misappropriation of fund etc. and generate  debate  among all concerned in order to  bring them  to  mainstream  of development. Accordingly, the Fact-finding Team of Right to Food Campaign, Odisha had visited three areas i.e, Juang area of Nagada village under Sukinda block, Kolha habitation of Biripur under Dharmashala block of Jajpur district, Paudi Bhuyan area of Lahunipada Block of Sundargarh district. Then, the Team visited Kutia Kondh PTG area of Lanjigarh block of Kalahandi district.

Visit of Fact-finding Team to Lanjigarh block   

On 25.7.16, a four-member Fact-finding Team consisting of  Pradip Pradhan, State, Convener, Right to Food Campaign, Odisha, Prof. Jantrana Parikhit, President, Odisha Nagarik Samaj, Bhubaneswar, Sanjeev Satapathy, RTI Activist & Local volunteer, Bhawanipatna, Kalahandi and Rabi Narayan  Singh, RTI Activist  had visited  to  Lanjigarh  block  of Kalahandi  district  to monitor the status of Juang tribes, their livelihood, education, health, food habit  and accessibility  to various welfare programme including  food security programme. The Team visited Trilochan Pur Gram Panchayat , habitation of   Kutia Kondh Tribal Groups  which is 10 kms  from Lanjigarh block head quarter. This Panchayat is located on Hilltop of Niyamagiri, a mountain with deposit of tons of Bauxites   worth thousands of crores of rupees. It is needless to mention here that during interaction with    Kutia Kondh tribes, the Team realised their anger against proposed mining operation by Vedant Company and their determination to protect Niyamagiri Hill.

The Team visited a number of   scattered villages dominated by Kutia Kondh tribes like Trilochanpur, Khumndipadar, Phuldumber, Palberi, Kunakadu, Tadijhula etc.  Each   village is consisting of 8 to 10 Kutia Kondh families residing in Hill Top.   The Team reached at 11 am in the Panchayat and found none in the village except few older women, lactating woman found in the house. The members were appraised that they had gone to forest and would return back at 1 o’clock. There is pucca or concrete road connected to the villages. A small mountainous track leads to the villages visited by the team. After the tribals returned to the villages, the team interacted with them about  their  food menu, health  condition and status of  food security programme and came across malnourished children and their wretched condition.  Sri Chandru Majhi, a tribal boy active in Nimayagiri movement guided us and helped communicating us with the Tribals.  As Sarapanch is tribal woman, she feared to talk to team and did not come out for interaction.

Findings of the Team

1.                   Mismanagement of  ICDS programme

At first, the Team  visited Anganwadi Centre  of   Khemundipadar  village of Trilochanpur  Gram  Panchayat and found  only 5  children eating  rice and watery  dal without any vegetables. The Anganwadi worker was found absent and the Helper managing the centre. While inspecting the food, the team found that less quantity of rice is provided to the children.  Though there are 20 number of children enrolled in the centre, only 5 children had come to   take meal. No register and document was found in the centre to understand about exact status of management of the centre.

In other villages like Phuldumber, the Anganwadi centre was found closed. Neither Anganwadi Worker nor the children had come to the centre. The villagers said that the Anganwadi Worker never comes   the centre.  Telati Majhi  and Rupali Majhi holding 2 year baby   of Phuldumber village ,  Pregnant  and Lactating woman  said that  they were provided  one packet  Chhatua  and 5 eggs  per month  against two pocket and eight eggs.  The tribal women are not aware about Mamata yojana.  Nobody has received Rs. 5000/- under Mamata Yojana. Most of the children were found malnourished, necked and suffering from disease.   When the Team met and asked Jayant Bathli, Anganwadi Worker, she could not give any satisfactory answer about management of centre and did not show updated register like attendance register, Chhatua distribution Register etc. 

2.                   Inedible food as staple food for tribals

As per guideline of Antodaya Ana Yojana and provision of National Food Security Act, each Kutia Kondh Tribe is entitled to get 35 kg rice   per month.  But the team came across many families have been deprived of it and enlisted as priority Household with allocation of 5 kg rice per head per month. During interaction with tribal women,  Maja Majhi , Majameni Majhi  said that they were allotted  15 kg rice each per month under NFSA. They manage with this rice for 10 days only. On query about food consumed in other days, they say that if they have money, they purchase rice at the rate of Rs. 25/- to Rs. 30/- per kg from local market. Otherwise they consume mango kernel and trunk of Salap tree after making it flour and  mixing it with hot water. The Team came across women preparing mango kernel for food. As reported, it causes huge indigestion and stomach problem of the children.  During investigation, rice was not found in any house except PDS rice. PDS which has the mandate to ensure food security of the poor has failed to check hunger in the area. Due to food crisis and unavailability of rice, vegetables and other food items, they are forced to consume inedible food.

3.                   No employment for Kutia Kondh      

During interaction with the villagers, they have not got any employment under NREGA for years together. Work under NREGA has not been undertaken by the Gram Panchayat. The tribals are not aware about job card.

4.       No implementation of RTE Act.

There is no primary school in these villages.  No child goes to the school.

5.       Non-Implementation of IAY and Biju Pucca Gruha Yojana

The State Govt. is implementing   Rural Housing schemes to provide financial support to the poor people for construction of house. But while enquiring about any allotment to any house to any family, it was found that only two houses in all three villages are covered under these schemes. Most of the houses are in dilapidated condition.

6.       Failure of Kutia Kondh Development Agency (KKDA)

This is a special agency functioning since 1986 with central assistance to carry out welfare programme for Kutia Kondh tribes.  When the team visited KKDA office, the team found absence of Rama ch. Behera, Project Officer and interacted with Durga Madhab Rath, senior clerk to know about details of programme undertaken by KKDA for socio-economic development of tribals. He said that only 16 villagers are covered under KKDA. There are three types of programme with cent percent central assistance undertaken for development of Kutia Kondh.  These are Conservation-cum- Development Plan, Special Central Assistance and fund allocated under article 275 of Indian constitution.   Activities undertaken for tribals are health programme, promotion of agriculture and Horticulture, irrigation, soil conservation, drinking water, road connectivity, infrastructure development, Girls’ Education etc. The fund allocated under KKDA in the last three years is as follows.

                                                                                                                                                                ( Rs in lakhs)

Programme	Year-2013-14	Year-2014-15	Year-2016-16
Special Central Assistance	11.55	8.40	10.60
Conservation-cum- Development Plan	76.50	95.21	133.00
Fund allocated under article 275	20.00	13.98	14.45

It was also observed that though this   Agency is functioning since last 30 years, most of Kutia Kondh villages are not covered under KKDA. Total number of Kutia Kondh dominated 21 villages of Trilochan Pur (17), Lanjigarh (2)   and Chhatra Pur (2)  Panchayats are not covered  under Kutia Kondh Development Agency.  In 2004, Sri Saswat Mishra, then Collector of Kalahandi had sent a letter No. 652/ITDA dated 7.8.2004 to State Govt.   recommending for reorganisation of the area of Kutia Kondha Development Agency, Lanjigarh and inclusion of 21 villages of Kutia Kondh tribe to be covered under the programme.  On 5.5.2005, the Commissioner-um-Secretary, Department of SC and ST development had sent a letter to Director, SCSTRTI to produce the feasibility report about the proposal.  In 2010, Sri R.S. Gopalan, Collector, Kalahandi had sent a letter to State Govt. for extension of geographical coverage of area of Kutia Kondh to 21 villages. But till yet, the State Govt. has not taken any steps to include Kutia Kondh villages under KKDA. Most of the villages have been left out from development programme. 

Analysis of problem and Recommendations

1.    Kutia Kondh is the most vulnerable primitive tribal groups residing in Niyamagiri Hill in Kalahandi district. They are very traditional and practising podu cultivation for survival. They have their own culture, religious belief, tradition and food habit. They have remained neglected by successive Govt. and isolated from development process. Though a number of development projects have been undertaken for them, it has no way helped in socio-economic development of tribals due to corruption, misappropriation of fund meant for them, lack of proper planning etc.

2.    It was observed that not a single welfare or food security programme is successfully implemented in these villages. Though they are entitled to get Antodaya Card ad 35 kg of rice per month, many Kutia Kondh tribal families have been denied it.  Even the rice allotted them are not sufficient to satisfy their food requirements in a month. Lack of resources, they neither go for cultivation nor purchase vegetable from market for household consumption. They use to take rice and leaves only as household consumption. Besides that they use to take mango kernel and trunk of  Salap tree as food at the time of acute food crisis.    

3.    NREGA has completely failed to provide employment to the tribals.  During visit, the team observed that nobody has got work under NREGA. No labour intensive work is undertaken under NREGA in these villages for years together.

4.    ICDS which is the most important food security programme  with mandate  to provide nutritious food to the children  has  disastrously  failed to check malnutrition  among Kutia Kondh Tribals  due to huge corruption, irregularities in distribution of food, negligence of  ICDS officials, lack of monitoring etc.  The Team got astonished that Anganwadi centre gets closed for months together. No child has been immunised. 

5.    There are no medical facilities available for the Kutia Kondh tribe.  Primary Health centre is located 20 kms away from Kutia Kondh villages.

6.    There is no agriculture and horticulture development in the area. The tribals are following traditional method of podu cultivation and growing some minor millet.

7.    Kutia Kondh Development Authority has failed miserably to bring any changes in life ad livelihood of the tribals.   Though this agency is functioning since last 30 years, it has not been able to cover all Kutia Kondh villages due to callous attitude of state administration and lack of administrative seriousness. Though   District administration has recommended inclusion of 21 Kutia Kondh dominated villages under KKDA since 2004, the state administration is sitting on files till yet.

Recommendations

1.       All the Kutia Kondh families should be allocated 35 kg rice under Antodaya Anna Yojana.

2.       The state Govt. should carry out special survey to find out requirement of food-grains of each tribal family and accordingly allocate rice and other items   to them in order to save them from hunger.

3.       ICDS project should be streamlined with functional of Angawadi centre and providing all services under the project. There must be close monitoring of these activities by independent monitoring body at district level.

4.       Stern action must be taken against the officials responsible for non-function of Anganwadi centre and non-distribution of food-grains to the beneficiaries and misappropriation of fund.

5.       Each pregnant and lactating woman should be paid Rs. 5000.00 timely under Mamata Yojana. The women who have not received  Rs. 5000.00 for  years together should be provided   at the earliest.

6.       The State Govt. should provide 200 days of work under NREGA at the earliest. Action must be  taken against  Sarapanch and Block officials for having failed to carry out NREGA work in these villages

7.       As per proposal of district administration Kalahandi, all the villages of Kutia Kondh should come under KKDA and extensive welfare programme like agriculture and horticulture development work should be undertaken on war-footing way. 

8.       The Team came across a number of children suffering from minor ailments which requires urgent treatment. Due to    absence of road connectivity, they  could not come to hospital. So  there must be mobile health team  to visit to these villages in every two to three days  to render medical services.

9.       As road connectivity is the biggest problem, the district administration should take steps to ensure construction of road as quick as possible.

10.   The District administration must take special care to provide primary education  to  their  children  on line of Right to Education Act. 

corrupt practice followed to allot land to KIMS, Bhubaneswar

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 17^th 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