Task Force Report Gad CA(IV) Misc 0144 2014 33660

REPORT OF THE TASK FORCE

ON

REVIEW OF ALLOTMENT OF LAND/ HOUSE/ FLAT

BY THE

BHUBANESWAR DEVELOPMENT AUTHORITY,

CUTTACK DEVELOPMENT AUTHORIW,

ODISHA STATE HOUSING BOARD, AND

GENERAL ADMINISTRATION DEPARTMENT

Government of OdishaBhubaneswar, 37"t October, 201 4

I rrt)o. \o \\^

Chief Administrator KBK &ACS R&DM Deoartment

REPORT

Government in General Administration Department constituted a Task Forcevide order No. sER-l-lAS-0010-2014(H)-21s4s-Als I, dated 2nd August, 2014 in viewof a. number of reports of alleged irregularities in allotment of laid/houses/flats byBhubaneswar Development Authority (BDA), cuttack Development Authority (cDAiodisha state Housing BoardlosHB) and General Administration (GA) Deiartment.The mandate assigned to the Task Force was to review all the allotmenti of more thanone land/houses/flats to the members of the same family and allotment underdiscretionary quota to ineligible persons. The composition of rask Force stood asfollows:-

(1) Dr. Taradatt, lAS, Chief Administrator, KBK & ACS,Revenue & Disaster Management Department(2) Commissioner-cum-Secretary, H&UD Department(3) Special Secretary to GA Department

2. The Terms of Reference of the Task Force were further specified by order No.22188 dated 1'r.08.2014. The mandate as modified in this .p""in"i ierms ofReference became as follows:-I _ Ih" scope o-f review byTask Forcewiil coverthe period from 01.01.1995to 31.07.20'14 in Bhubaneswar and cuftack urban areas in ,".p".i of (a) arlcases of allotment of land/ house/ flat out of discretion"ry qlota, -an'o' 1oyallotment of more than 1 unit of rand/ house/ frat to members otine iame tamity.2' The Task Force shourd submit its findings and recommendations toGovernment within a period of four months. Siirurtaneousry, in" '.on""rn"oagencies rike BDA, cDA, osHB and GA Department shourd take action onirregular allotments within this period.

3'. .

ln- discharge of its mandate, the Task Force examined the ailotments to theextent information and records made avairabre bythe four bodies ;iis;;;, in ii" uro"nareas of Bhubaneswar "ng_C_1l"9kl during the ["loO t o, 01.01.199S to S,,.'.OZ.ZO,tl,with a view to risting out (a) apparent irregrirarities; (b) drawing out rists comprising of (i)irregular allotment out of discretionary qu-ota; anJ'1il atOtment of more than one unit ofland/house/frat to members of the sanie t"rirv. Ti," Task Force arso examined thescheme brochures and ailotments made with

" ui"* to cr"*ing up findings and makingrecommendations to the Government on the results of the revi6w.'

4. The Task Force interacted with senior officiars of GA Department, BDA, cDAand..osHB and exprained the procedure to oe ioiroweo for scrutiny of ailotments inrelation to the applicable ru.les/regulations and piovisions set out in the schematicbrochures. In order to capture- tie basic oaia,-'Jetaireo formats were devised inconsultation with the senior. officers of the departments/agencies concerned. Thedepartments/agencies agreed -that the required information-arong ,ith r;taieo

"norelatable documents wourd be furnished to ihe Task Force within aierinite iime tramei.e. by 20.09.2014, which was extended to 2s.10.2014 as conte),rtuarized berow.

- Chairman

- Member- Member

l\ n ,r-\g7v-F+r ^..

't4-- LA.-^^J/-^unter Admtntstrator KBK &ACS R&DM Dsperlment

Speciat SecEGry-(GA Department)

Page l2

5. In the meanwhile, on a continuous basis, the information received by the TaskForce was examined. The gaps in information as well as such findings as could bedrawn were shared with the agencies concerned. Additional inputs furnished by themwere looked into. Chairman of the Task Force reminded the departmenUagencies orallyand in writing from time to time for submission of the details after 20.09.2014, as thedesired inputs were not received. Emphasizing the need for comprehensive furnishingof all relatable information, the officers concerned were requested to present suchinformation comprehensively along with the relevant files/documents.

6. Although the reference period for examination of the allotments for drawing outany irregularity including multiple allotments and misuse of discretionary quota wasfrom 01.01.1995 to 31 .07.2014, the Task Force felt it necessary to ascertain theallotments made during the period prior to 01.01.1995 for verification and de-duplication. However, it could not receive the relevant details from all concerned. Thereview by the Task Force was, therefore, carried out on the basis of availableinformation. Findings, analyses, conclusions and recommendations are, thus, made onthe basis of the information on allotments that was made available.

7. In its deliberations, the Task Force kept in perspective the generic policies andrules/ regulations and public notifications laid out for the formulation andimplementation of the schemes/projects, and allotment of land/house/flat in urban areasof Bhubaneswar and Cuttack during the period under review by the four bodies. Someof the judicial rulings germane to the allotments including under the discretionary quotahave been etaborated upon in the cross-cutting findings, conclusions andrecommendations.g. The Task Force has examined each scheme/project floated by the four bodiesunder review during the period under reference with a view to eliciting any lack ofconformance and irregulaiity in the allotments of land/house/flat. Findings in brief areas under:

BHUBANESWAR DEVELOPMENT AUTHORITY

9. The BDA was established in 1983 under section 3 of the odisha DevelopmentAuthorities (oDA) Act, 1982 for promotion of planned urban development in the new

""pii"i ghrb""eswar and in areas around specified from time to time. Government in

CA O"part.ent and Revenue & Disaster Management Department have been leasingout|andtoBDAforthepurposeofdeve|opinghousingandforcommercia|establishments to meet the emerging needs of the State capital'

10. Although it is difficult to visualize the ground reality at the time of form.ulation andimplementation of schemes in past, perusaiof records and interaction with the officialsieios to the inescapable conclusion that despite great-ly contributing to thedevelopment of areas under its jurisdiction,

-BDA had followed an apparently

discretionary and non-transparent procedure in allotment of developed ploUhouse/flatfrom time t6 time. Many scheme

'brochures contain varieties of inconsistencies and

contradictions that enabled BDA to make allotments, which raise questions' lt haduiougnt out 21 new schemes/projects aftgr 01..01.1995, in addition to handling 16;rg;"g

".n"-.. (of earlier period; wherein allotments of ploUhouse/flaUcommercial

unii tta-a been made either partially or substantially after 01.01.1995. The commonlapses noticed in implementing the projects in summary are as under:

N-^-;.,*-Efi;iAdrninistrator

KBK &ACS R&DM DePartment

Commissionerly'um-Secrtary(H&UD Dgparrment) (GA Depadment)

Page l3

Certain provisions in the brochure regarding manner of allofunent areflexibfe/contradictory. The provision "Selection by means of loftery or asmay be decided by the authoitl' negates the principles of transparencyand, by vesting discretionary power with the authority, is used to non-transparently enhance any announced discretionary quota.The provision of the brochure regarding "late entry" in the scheme isflawed. When the brochure clearly states that the applications receivedafter the lasl date of receipt of application will not be entertained, thescope of late entry into the scheme has been unfairly created adding toexercise of discretion in allotment to "late entrants". Typically, formalopen announcement of even the late entry closure date is not specified inthe brochure, which has resulted in keeping many schemes open foryears.Further there has been provision of collection of late entry fee at aprescribed rate (different rates in different schemes announced inoverlapping periods of operation of the schemes) from the late entrants inthe scheme. Moreover, in practice, as evident in most of the schemes, thelate entry fees have been waived putting the late entrants in financiallyadvantageous position.The provision of giving preference to out-right purchasers clearly points tothe inherent bias towards richer sections of the society. In almost allschemes, the provision of preference to 'Out-Right Purchasers' wasfound.The decisions of the 83ro meeting of the Authority (held on 28J0.2002)regarding allotment of all cancelled plots/houses under a number ofschemes at the discretion of Chairman, BDA would be unjust and inviolation of general norms since public call for inviting applications againstcancellations was nol made. Further, in many of the schemes additionalallotments under discretionary quota (above the notified limit) had beendone as per the above decisions of the Authority.General public at large was generally kept in dark in lhe whole matter ofallotment procedure followed. In most cases it has been noticed thatadequate publicity measures had not been taken in various stages ofallotment procedure. The absence of publicity measures, repeated -crossschemes, without justification on file for allotment decisions, lead to theconclusion that this had been done deliberately to give preference toinfluential persons.Absence of eligibility norms for discretionary allotments in particular hasvitiated most allotments made against discretionary quotas. No groundsfor allotment under discretionary quota had ever been stated whilehakingallotments. The allotments under discretionary quota appear to be thepersonal prerogative of the Chairman, rather than observance of adifferent but generalized principle across a small number of slotsannounced in advance. The same appears to have been a source of profitfor some persons as there are evidences of multiple allotments to onefamily under discretionary quota and pre-possession transfer to otherpersons, besides allotments made in favour of ineligible persons.

N-r.,--A"rChief Administrator KBK &ACS R&DM Degartment

14- .

(GA Department)

Page l4

. lnconsistencies have been observed in noting on files concerned acrosssome schemes. There is mismatch in figures of applications received indifferent phases and their consideration for allotment in file noting. Over-writing has also been observed in some instances, without wriftenexplanation or justification.

' In the case of some schemes, either the main file or the original file havebeen reported to be missing or not available, which besides raisingquestions about the actual implementation of the schemes, also castdoubt on the following of Offlce Procedures on important files which mayhave othenrvise been required in judicial proceedings to serve theinterests of the State.

'l'l . Scheme wise findings of the Task Force in relation to the allotments after01.01.1995 under 21 new and 16 old schemes, which indicate lacunae noticed. are inbrief as follows:

A. Schemes launched after 01.01.1995:(1) Name of the Scheme: HIG Core Houses at Kalinga Vihar, PhasellFindinqs:

. Mode of Advertisement: No Proper Advertisement. Only an indication oflaunch of the scheme was published in one dailyOdia newspaper, namely,'Matrubhasa'(havingextremely limited circulation) on 15.08.1997 afterlapse of nine months of opening of the scheme.

. Last date of receipt of applications: Not mentioned in the brochure.

. Total no. of houses advertised: 219 (lnstead of 2'|.9 HIG unitsmentioned in brochure, 223 units were actuallyconstructed. Four more houses were addedconsidering shortfall of Phase-l Housingscheme)

. Details of All.ottment Done:o Allotment under DQ: 20. By other means (First come first serve basis): 2O3Total allotments made: 223

. BDA has reported that only 37 nos. of applications were received within lastdate of advertisement. Due to poor response, all allotments barring thoseallotted under discretionary quota (20 Nos.) were done on 'first come firstserve' basis. The allotment process lacked transparency as advertisementshad not been done for soliciting applications to provide plots on 'first comefirst serve' basis.

. Though the last date of availability of brochure from the BDA counter was16.12.1996, the so-called advertisement was published eight months later on15.08.1997. Further the advertisement was not proper as it lacked vitainformation about the scheme. In addition, the so-called advertisement waspublished in an Odia daily which is not known to have wide circulation.

\--'*-A'fiChief Administrator KBK &ACS R&DM Deoartment

Special Secretary(GA Department)

YL. Cz-^-*-J^-..,-

Page l5

. Provision for accommodation of applicants of a previous scheme (PhaseJ)with preferential treatment is irregular.

. No provision in the Brochure was there to restrict allotment of more than oneunit in favour of a Person.

. In one case (allottee- Baishnab Dash) under DQ, necessary affidavit has notbeen furnished.

. The reservation criteria for different categories as reflected in the brochurehave not been followed in the process of allotment' No plausible explanationhas been received by the Task Force for the above situation.

. lt was provided in the brochure that late entry fee would be collected from thelate enirants in the scheme. lt has been reported by BDA that the Authority inits 59th meeting has resolved to exempt late entrant fee till 31 .12.1997. But nodecision has been taken to exempt late entrant fee for the late entrants after31.12.'lgg7.In absence of any documentary evidence regarding waiving ofsuch late entrant fee by the Authority for the late entrants after 31.12.1997, itis concluded that irregularities have occurred and the late entrants after31.12.1997 have been given undue financial favour.

. As the allotments have been made in phases up to the year 2006, keeping theunit price of the houses intact till last allotment seems uncalled for.

. Three nos. of alloftees in "discretionary quota" category, 18 in allotment by"other means" category had addresses in BMC area. Hence, it is to be verifiedwhether they had any other ploUhouse/flat in the specified area.

. In three cases of DQ category (Alloftees- Smt. Sanjukta Jena, Kamadev Das& Sujit Ranjan Ghose Dastidar (all Pre-possession Transfers), fifteen cases incategory of allotment by 'other means' (allottees- Anuradha Mohapatra,Lokanath Pr. Tripathy, Goura Ch. Parichha, Sarat Ch. Padhy, Ram ChandraHansdah, Bhabani Charan Rath, Binapani Rath, Gobinda ChandraBaghasingh, Dr. Seema Sahoo, Nibedita Tripathy (Pre-possession Transfers),Bijay Chandra Sahoo, Bipin Bihari Sahoo, Dasarathi Mishra, HateeramPaftnaik, Sibasankar Natrajan, Dr. Sushil Kumar Dash (Post-possessionTransfers), allotted properties had been transferred in favour of other persons.

(21 Name of the Scheme: Kalinga Vihar LIG housing SchemeFindinqs:

. Mode of Advertisement:i. Advertisement in Odia daily 'Dharitri' on 27.07.1996, in "Samaj" on01.08.1996.ii. Advertisement in Odia daily 'SAMBAD' on 07.09.1996. Last date ofreceipt of applications (31 .08.1996), was extended upto 30.09.1996.

. Total no. of houses advertised: 20O

. Within first advertised period, 35 applications were received.

. The number of applications was reported to be less than the units notified inthe scheme. Hence no lottery was done. All allotments were made through"first come first serve" basis. But no publicity had been made regardingavailability of houses to be given on 'first come first serve' basis.

I-*"-Chief Administrator KBK &ACS R&DM DeDartment


page l6

. Allotments were not made as per different reservation categories specified inthe brochure.

' Year of allotment ranged from 1996 to 2002 creating space foraccommodation of favoritism. No information has been submitted to knowwhether the unit price of the houses was intact till last allotment and whethersanction of the Authority was obtained in the matter or not.

. Another peculiar condition relating to 'Discretionary Quota' was provided inBrochure, i.e. DQ of Chairman

- 5% and DQ of Vice-Chairman

- 5%. But no

unit has been allotted under Discretionary Quota.. The Authority has also approved a proposal for allotment of houses without

insisting upon submission of affidavit, which is in violation of the principle laiddown in the brochure.

(3) Name of the Scheme: HIG Single Core Housing Scheme, PhaseJ,Pokhariput

Findinos:. Mode of Advertisement: SAMBAD on 02.04.1998. Last date of receipt of application: 30.04.1998. Lottery Date:. No. of Units advertised:. Actual allotments done: 66 (One extra HIG Single Core House

constructed taking into account site condition). Total nos. of applications received during advertised period:. Sctajlg_qfAllotmgnlg.d.enC:

. Houses allotted to out-right purchasers:

. Houses allotted under Discretionary Quota:

. Houses allotted as per reservations specifiedin the brochure: 04o Houses allotted through Lottery:

. Number of units allotted under discretionary quota was 10, against 07 as perthe brochure condition. BDA has reported that the Authority in its 83' meetingheld on 28j0.2002 (surprisingly the office order was made four years later on14.12.2006) had decided that all the cancelled plots and houses would beallotted by the chairman at his discretion. Hence 03 nos. of houses undergeneral citegory lying vacant were allotted by the discretion of Chairman.

. Some allotments have been made without affidavits being filed in theprescribed form.

(4) Name of the Scheme: HIG Duplex Core Housing Scheme, PokhariputFindinos:

. Mode of Advertisement: SAMBAD on 02.04'1998

. The last date of receipt of application (30.04.1998) was extended severaltimes; first upto 31 .05.1998 (by Vice-Chairman), then up to 17.07 1998(evidence not submitted), then up to 31.12.1998 (with approval of Authority)

t^-Jrf

24.06.1998.65

105

3710

15

Chif Adminislrator KBK &ACS R&DM DeDartment


vL u.--a--.-L"*Commissioner-cltrr-Secrelaty

(H&UD DepUriment)

Page l7

and finally up to 28.02.1999 (with the approval of Authority). Newspaperadvertisement inviting applications was not done for extended dates forreceipt of applications.

. Total no. of houses advertised: 30

. Total no. of applications received during the advertised period 13

. Details of Allotments made:o Allotments done under Discretionary Quota: 03. Allotments done by first come first served basis: 27

. One pre-possession transfer was noticed against the allottee Dr. RSN Murtywho was again allofted under DQ in Prachi Enclave Plotted DevelopmentScheme, Phase-ll; a clear case of mis-utilisation of DQ allotment.

. All the allotments were done on 'first come first serve' basis on the groundthat adequate applications were not received. The allotments lackedtransparency as advertisements had not been done for extensions ofdeadlines of receipt of applications.

. Retaining the provision of late entry, the last date of receipt of applicationshas been extended upto 28.02.1999. But no revision of price has been madefor late entry cases though there was explicit provision for imposition of lateentrant fee in the brochure.lPlease specify long peiod of allotments.l

' Allotments have been made without accounting for reservations indicated inthe brochure.

(5) Name of the scheme: MIG Core Housing Scheme, PokhariputFindinqs:

. Mode of Advertisement: Sambad & Samaya on 02.04.1998

. Last date of receipt of application: 30.04.1998

. Date of lottery: 24.06.1998

. Number of houses advertised: 72

. Total applications received during the advertised period: 179

. DetailS of allotments made:o Allotment made to outright purchasers: 06. Allotments made as per reservation criteria: 16o Allotment made under Discretionary Quota: 07r Allotment made through Lottery: 43

. 06 units were put to outright purchase.

. Leaving aside 23 units for reserve category, 43 units were put to lottery forgeneral category. Lottery list showed that there were 52 applicants out olwhich 43 had been allotted and 9 persons were kept in the waiting list.Without explanation, final list of allotments showed that except one, all othersin the waiting list were allotted houses. Allotments made from the wait listedapplicants were with the approval of Vice-Chairman. There was no provisionfor waiting list in the brochure. Hence the methodology adopted for lotterypurpose appears to be faulty.

[----l^id 14 u----J-Chief Administrator KBK &ACS R&DM DeDartment


Page l8

' Out of total 07 DQ allotments, 02 cases each of pre-possession transfers andpost-possession transfer were found.

(6) Name of the scheme: HIG/ MIG/ LIG Finished Housing Scheme, Phase-l,LingarajVihar

Findinqs:. ModeofAdvertisement: Dharition10.01.1999. Last date of receipt of application: 27.0'1.1999 (Later extended

severaltimes and finally upto 13.10.2000). Total No. of units advertised: 53

o HIG-I : 13o HIG-ll : 14r MIG-ll '. 23r LIG-ll : 03

. Details of allotment done:HIG-1 HIGJI Mlcll LIG-|I Total

Under discretionary quota 01 01 03 00 05On first-come-first-served basis 12 13 20 03 48Total t3 14 23 03 53

' Excess allotment of discretionary quota was there. Against 04 specified' 05

units were allotted. BDA has reported that as per the decisions _taken in theg3'd Authority meeting, one cancelled house was added to DQ of chairman.

. Allotments were made on first come first served basis with several extensionsof|astdateofreceiptofapp|ications'butwithoutresortingtopro.perpub|icitythrough n"**p"p"i advertisement. Though the last date of receipt ofapp|ications was extended several times, i.e. from 30'01.1999 to 28.02.1999'troh to.os.tg99 to 09.04.1999, from 18.05.1999 to 10.06.1999 and then14.10.19991o13'lo.2o0o,furthergapsarenoticedbetweendifferentextendeddates.EvidenceofNewspaperadvertisementcou|don|ybefoundfor extension trom tg.os.rggg to 10.06.1999. copy of the Authority.decisionallowing for extension from 14.10.1999 to 13.10.2000 was also available'

.Registermaintainedshowedthatonepersonwhowasa||ottedhouseinanith.r scheme had been allowed to change over to this scheme'

.FurthertheAuthorityhadre|axedtheinterestcomponentto|ateentrycases.(7) Name of the scheme: HIG Core Houee (01-02), Jayadev ViharFindinqs:

. Mode of Advertisement: Odia daily "Dharitri" on 13'01'1999

. Last date of receipt of application: 27'01'1999

. Total No. of houses advertised: 51

. Total number of applications received during the advertised period: 103' Details of allotment macle:

[-*,-"-eJrffi

ACS R&DM Dgpartment

/4.' OA--.-.--J^^@ (GA oepartmen0commissioner-ctln/Secrst8ry(H&UD Dep{/nent)

Page l9

. Allotment made under Discretionary Quota:

. Allotment made on first come first serve basis:. The process of selection was 'first come first serve'. BDA could not submit

any explanation for resorting to the method of allotment by 'first come firstserve' basis when the number of applications received was more than thenumber of units advertised.

(8) Nameof theScheme: Kalinga Vihar,K-6(A), MlG, LIG & EWS HousingScheme

Findinqs:. Mode of Advertisement:. Last date of receipt of applications: 14.01 .2000. Total No. ofhouses advertised: 241

0546

o MIG. LIG. EWS

. Details of allotment made:

SAMBAD on 09.12.1999

many pages of note sheets. Noregard to receipt of applications,

5310781

MIG LIG EWS TotalUnder discretionary quota 04 12 07 23Aflotment by Auction 04 03 09 16On first-come-first-served basis 36 104 65 2OsVacant house 00 01 OO OlTotal 44 120 81 245

' Instead of 53 MIG units reflected in the brochure, 44 houses were actuallyconstructed. Similarly instead of 107 LIG units mentioned in the brochure, 120houses were actually constructed. No ptausible explanation *as

"uailablefrom BDA for the above deviations.' Due to low response after advertisements, the cut-off dates for receipt of

applications were extended several times. But proper publicity methods hadnot been resorted to. BDA courd not submit copies of newspaperadvertisements as evidence although orders had been passed to jo 'fornewspaper advertisement in the file concerned.

' Allotments were made in different phases on "first come -first served', basis.some of the applicants were deprived of allotment for the reason of late

application, even though by that time all houses were not constructed.subsequently fresh applications were received and allotments made. Theprocedure followed appears unjust and discriminatory.

' Inconsistencies have been observed in file noting. High degree of mismatch infigures of applications received in different phas-es ano tneir consideration forallotment and assignment of individual house numbers in file noting of ASo,so, Allotment officer, secretary noticed in the file concerned. Further over-writing in figures has been noticed intransparency has been maintained withdecisions for allotment of houses.

N---J,h ,L. U-.--_.-2....^Chiet Administrator KBK-ACS R&DM DeDartment

SpecialSecretary

-

(GA Department)Commissioner-cur#Secretary

page lt0

' why more houses than advertised in LIG category were constructed, remainsunexplained.

' In LIG category, one more ailotment has been made under De than thatprescribed in brochure. one extra allotment under De made in favour of smt.Bindu Dash Wo Janaki Ballav Dash.

. The categories of allottees have not been mentioned in the informatonprovided making it difficult to infer whether the reservation criteria reflected inthe brochure has been followed in the process or not.

' In LIG category, the dates of allotment of all except one have been before thedate of loftery in lottery method of allotment. similar is the position of 19 casesin EWS category.

' In EWS category, the dates of allotment of four allottees are before the date ofauction in auction method of allotment.

' No information has been provided for the late entrants in the scheme. Thescheme remained open for a long period.

' Dates of allotment span over long and varying periods in loftery allotmentcases (from 06.03.2000 to 16.01.2004 for MIG category, from O9.O3.2OOO to18.07.2005 for LIG category and from 14.03.2000 to 22.03.2005 in EWScategory). The reason remains unexplained.

. In EWS category, three alloftees have not submitted the required affidavitsand in one case the affidavit has not been available.

. Four nos. of allottees in MIG category, three nos. of allottees in LIG categoryand three nos. of allottees in EWS category have permanent addresses ofBMC area. Hence it is to be verified whether they have any other plots/housesfflats in their name/spouse/children in BMC area to find their eligibility.

. In one case of MIG category (alloftee- Nirmala Jena), six cases of LIGcategory (allottees- Arun Kumar Sunderay, Sasmita Tripathy, Bharati KumariMishra, Namrata Pattnaik, Anil Kumar Jena, Bidyadhar Panda), nine cases inEWS category (allottees- Pabitra Sahoo, Dhananjaya Parida, Purna ChandraPattnaik, Manorama Harichandan, Damodar Mishra, Madhu Behera,Nilakantha Mohanty, Bhagyalata Dash, Power of Attorney holder ofPramilabala Dash, Soubhagya Ranjan Behuria), the allotted properties havebeen transferred in favour of other Dersons.

(9) Name of the Scheme: HIG Gore Houses at Kalinga Vihar, K-6, in Mouza'Subudhipur'

Findinqs:. Mode of Advertisement: 'Sambad'on 30.12.1999. Last date of receipt of applications: 10.02.2000 (Extended upto 31 .12.2002). No of houses advertised:. Details of allotment made:. Allotment made under DQ:. Allotment made by auction:

228

2303 (one core house and two plots)

Lt - ct.--'-L-^Special Secretary(GA Department)

^_

Chief Administrator KBK &ACS R&DM Department

Allotment on first come first serve basis: 199f nstead of 228 HIG units mentioned in the brochure, 223 houses were actuallyconstructed and 02 plots were put to auction in 2009.

Due to low response after advertisements, the cut-off dates for receipt ofapplications were extended. As per the file noting, cut-off U{99

-ry95exiended two times, first up to 14.05'2000 and then up to 14'08'2000'Thereafter, there was no indication in file regarding extension of cut-off datefor receipt of applications. But proper publicity methods had not beenresorted io for extending culoff dates as copies of newspaper advertisementswere not found in the file concerned'The allotment was mostly by first come first serve basis on the ground ofinadequate response.Taking total nos. of houses as 223, share of discretionary quota should be 22against which one more allotment has been made.The categories of allottees have not been mentioned making it difficult to inferwhether the reservation criteria reflected in the brochure have been followedin the process or not.The date of allotment of one (allottee- Pravat Ranjan Jena) is before the dateof auction in auction method of allotment.Inconsistencies have been observed in noting. There is mismatch in figures ofapplications received in different phases and their consideration for allotmentin file noting of ASO, SO, Allotment officer, Secretary as noticed in the fileconcerneo.

Six applications of Prachi Enclave Scheme were transferred to the schemeand those were allotted. There was no provision for transfer of applicationsfrom one scheme to other.In one case (allottee- Tushar Ranjan Parida), required affidavit has not beensubmitted. The situation needs to be explained.Two nos. of allottees in 'discretionary quota category', seven nos. of allofteesin allotment 'by other means category' have permanent addresses in BMCarea. lt is to be verified whether they had any other plots/ houses/flats in BMCarea to ascertain their eligibility to get a house under the present scheme asper the brochure condition.In three cases in DQ category [allottees- Sandhya Das, Pradeep Kumar Sahuand Arunodaya Swain (pre-possession transfer), fifteen cases in category ofallotment by other means (allottees- Michhu Rout, Atulya Kumar Das,Mandakini Das, Ashok Kumar Patra (pre-possession transfer), RamchandraPanda (pre-possession hansfer), Sarat Chandra Dash, Pramod KumarSahoo, Lingaraj Pradhan, Dr. Basant Kumar Behera (pre-possessiontransfer), Pallimuttom Joseph (pre-possession transfer), K. Trinath Rao,Ashok Kumar Praharaj, Alok Kumar Mohapatra (pre-possession transfer)Biranchi Narayan Mohapatra (Pre-possession transfer), and Amruta Satpathy(pre-possession transfer)1, the allotted properties had been transferred infavour of other persons. All such transfers are illegal regardless of BDAgranting permission.

{\-"*-f^fChief Administrator KBK &ACS R&DM DeDartment

/.1, -

ttl-. C-l^,.i,-^--zt^-.^@

(GA Department)

(10) Name of the scheme: Ananta Vihar, Phase-lll at Pokhariput.Findinqs:

. Mode of Advertisement: "Sambad" on 01.01.2000

. Last date for receipt of application: 14.02.2000

. Total No. of units advertised: 308o MIG (Core house) - 269o LIG (Finished house) - 39

. Details of allotment made:MIG (Core House) LIG (Finished House) Total

Under discretionary quota 11 04 15Allotment by lottery 79 13 92To outright purchasers 06 17 23As per reservation criteria 02 05 07Vacant house 02 00 02Total 100 39 139

. Instead of advertised 269 units of MIG (Core) houses, record show that only100 units could be constructed out of which two allotments were cancelled(one in each DQ and General category). No information was available onthese two MIG houses i.e. whether re-allotted or kept vacant'

. As far as allotment under discretionary quota in MIG category is concerned,01 more house has been allotted than the prescribed norm.

. Out of total 39 houses distributed under LIG (Finished) houses category, 11(eleven) nos. of houses have been transferred to the names of other persons(permitted by BDA) during 2002-2009. In case of 98 houses under MIG(Core), four houses had been transferred to other names.

(11) Nameof thescheme: Prachi Enclave, Plotted Development Scheme'PhaseJ, ChandrasekharPur.

Findinqs:. Mode of Advertisement: Advertisement on 01.09.2000

in"Samaj","Dharitri", "Sambad" and " IndianExpress"

. Last date for receipt of application:

' Total No. of plots advertised:. Total applicants during the advertisement period: 2'946. Details of allotment done:

o Under Discretionary Quota:o By lottery (in six phases):o Sub-judice:

ltl{-tl--.--{!t'tChief Administ.ator KBK &ACS R&DM Deeartment

04.10.2000148

1513201

VL - U".----(.--^-- Speciat Secretary

(GA Department)

ln the instant case, allotment of 15 plots under discretionary quota appears tobearbitrarybecausea|lotmentsweremadeon0T.09.2000,aboutonemonthbefore thelast date of submission of application (04.10.2000) i.e. much before.ofni'lg up of the scheme. obvious|y, it was done in a hurry to favour 15p"rsoi" of influence as evident from their listing. lt is not apparent as towhether allotment of plot numbers was done in respect of these 15 personsthrough lottery as per para 10(b) ofthe brochure'

. ln one case of allotment under DQ, the original allotment was made in favourof sri Dharmendra Pradhan which was later changed to sri DebendraPradhan (as reported by BDA). Though order of chairman in favour of SriDharmendra Pradhan is available in the file concerned, no order of Chairmanto cancel the same and to re-allot in favour of sri Debendra Pradhan wasavailable. But surprisingly another allotment order has been issued against sriDebendra Pradhan.

. Whereas newspaper advertisement was released one time only, allotmentswere made in seven phases, on 07.09.2000 for allotment on 15 DQ plots inone day, the other.t3i plots through lottery in 6 phases; (i) on 13.07.2001 forA7 ploti, (ii) on 24.08.2001 for 34 plots, (iii) on21'11'2001 for 05 plots, (iv) onOg.O4.2OOzfor04plots(v)on30.05'2002for02plots,and(vi)aslateason11.O5.2O14 for one Plot.

(121 Name of the scheme: HlcrMlc/LlcrFinished Housing Scheme'LingaraiVihar, Phase-ll, PokhariPut

Findinqs:. Mode of Advertisement: Published in Odia daily "Samaya" on 26.01.2001 .

' Last date of receipt of application: 16.02.2001. Total No. of houses advertised:

r HIG:o MIG-ll:. MIG-I:r LIG:

. Details of allotment made:

55

06132412

HIG MIG-II MIG-IUnder discretionary quota 01 02 02To outright purchasers 01 09 21Allotment through lottery 04 00 00Allotment by other means 00 02 01

LIG Total01 0608 3900 0403 06

Total 06 13 24 12 55. Two allotments were made out of 'discretionary quota' in MIG-ll category to

one couple namely Mrs. Arundhati Mohanty and Sri Niranjan Behuria. LaterSri Niranjan Behuria sold the house allotted under DQ. A clear case of mis-utilisation of discretionary quota.

. Allotment under discretionary quota in respect of MIG-Il was more than theprescribed limit of 01 (one).

[t--'*-+..nchief Administrator KBK &ACS R&DM D6Dartment

/4- o/-^^-4.-^(GA Department)

' Pre-possession transfer has been noticed in 01 case of LIG category and postpossession transfer in 01 case of HIG category of allotment.

(13) Name of the Scheme: Udayagiri Vihar Housing Scheme.Findinqs:

' ModeofAdvertisement: Though the brochure was available on BDAwebsitey444rv.,lbclabbg1.qqm, no information hasbeensubmitted regarding advertisement inlocalNewspaper

. Last date of receipt of application:

. Total No. ofhouses advertised:o MIG Core house:. LIG Finished house:

. Total applications received during the advertised period 274

. Details of allotment done:

30.09.200217014030

LIG Total03 1919 11501 0307 3200 0130 270

. In case of MIG core houses, the number of Units advertised was 140 againstwhich 139 allotments were done leaving behind 01 vacant house which isSub-judice.

. Lottery Date: 26j2.2002

. ln case of MIG core houses, number of houses allofted under discretionaryquota was 16 against prescribed norm of 14 units. Hence two allotmentsmade last, in favour of Mohan Mishra and Smt. Krushnapriya Nayak amountto a case of undue favour.

. In MIG core house category only 25 units were allotted through lotterywhereas 98 units were allotted through other means i.e. first come first servebasis. Even out of these 98 units, the last unit was allotted after a gap of fiveyears raising questions on the whole allotment procedure.

. Category-wise reservation was not followed in the allotment process.

. Allotment under discretionary quota continued for six years i.e. from 2002-2008 without plausible explanation.

('l4l Name of the Scheme: HIG Duplex Core Housing Scheme, Lumbini Vihar.Findinqs:

. Mode of Advertisement:

Under discretionary quotaTo outright purchasersAllotment as per reservation criteriaAllotment by LotteryVacant (Sub-judice)Total

MIG1696022501

140

Dhaiti on 15.12.2001rll+l\-4A--i-&rt

Chiet Administrator KBK &ACS R&DM Deoartment

)L. c4,^.*--0,.^SpecialSecretary(GA Department)

Last date of receipt of application: 15.O1.2002 (extended to 30'09'2002)

. Total No. of houses advertised:

. Total applications received during the advertised period:

. Details of Allotment done:o Allotment made under DQ: 16. Allotment made on first come first serve basis: 109o Allotment bY Lottery: 02

. Total 127 houses were in place as against 140 in the brochure. 13 HIGDuplex core houses were not constructed.

. Three more allotments were made under DQ than the prescribed norm'

. Except 16 units allofted under discretionary quota, rest 1_09 units have beenallotted on first come first serve basis. No evidence of publicity being made forallotment of houses on 'first come first serve' basis'

(15) Name of the scheme: Arya Vihar' Residential Apartments'Findinqs:

. Mode of Advertisement: Samal and Dharitri on03.12.2002

. Last date of receipt of application: 31.12.2002. Due to poor response, lastdate was extended as many as 12 times andfinally up to 30.11.2006

. Total No. of units advertised: 264

14088

LIG Total15 2701 01

128 23500 01

144 264

. MIG

. LIG. Details of allotment made:

Under discretionary quotaAllotment by AuctionOn first come first serve basisVacant HouseTotal

120144

MIG1200

10701

120. Apartments were allotted on 'first come first serve' basis due to poor

response. Total 30 nos. of applications were received within firstadvertisement period. Later, 168 applications for MIG and 193 applications forLIG were received in different phases. The last dates of receipt of applicationshave been extended as many as 11 times. Out of total 11 times of extensionof cut-off dates, on 06 occasions the advertisement has been made in theBDA Notice Board only. In remaining 05 cases though it has been reportedthat steps had been taken for newspaper advertisement, but no copy ofnewspaper advertisement could be supplied by BDA except in one case.

. Out of total 27 houses allotted under DQ, 03 nos. of applicants had appliedduring the advertisement period.

rll.l-\L-t*r_'|\l'l

ffiACS R&DM Department

7L U-^--J*(GA Depadment)

' Allotment to BDA staff chandana Pattnaik was not cancelled, but anotherallotment in favour of Puspa Sahoo flat No.F-3fl although cancelled,possession was not taken over.

. In MIG category, 07 persons having address within Bhubaneswar Municipalarea had been allotted flats under the scheme. The figure is 03 for LIGcategory flats. The eligibility may be verified in each of these cases'

. As against limit of 14 under discretionary quota, 15 nos. LIG houses wereallotted. The last allotment to Kalyani Das would amount to undue favour.

(161 Name of the Scheme: Prachi EnclavePlotted Development Scheme,Phase-ll, ChandrasekharPur

Findinqs:. Mode of Advertisement: Samaj on 01.09.2002' and BDA website-

www.bdabbsr.com. Last date of receipt of application:

' Total No. of Units advertised:. Details of allotment done:

o Allotmentthrough DQ:o Allotment through Lottery:

' Mode of Advertisement:. Last date of receipt of application:. Total No. of Units advertised :

30.09.200277

Samaya on28.10.200430.11.2004160

0869

. Though the scheme was launched on 02.09.2002 with last date of receipt ofafpti&tions as dt.30.09.2002, one allotment to Smt' Anusuya Mishra' Wooliuipir."o Mishra has been made on 07.09.2000 from the discretionaryquota, i.e. two years before launching of the Scheme'

.Twoa|lotteesunderDQhadpreviouslybeena||ottedpropertiesunderDQinearlier schemes. Dr. RSN Murthy wai allotted under HIG Duplex Housingscheme, pnase-t' pot

Page l17

(r8)Nameofthescheme:NetajisubhasEnclaveResidenceApartmentComplex, Gadakana

Findinqs:. Mode of Advertisement: First advertised as Demand survey. The copy of

advertisement issued inviting applications underDemand Survey could not be supplied by BDA'However, subsequent advertisement indicatingrevised cut-off dates of the Demand Survey wasmade in several Newspapers. Advertisementsinviting applications were made in severalNewsPaPers in JulY 2007.

.Lastdateofreceiptofapp|ication:15.09'2007(Afterextension)

. Total No. of Units advertised: 304o HIG (Deluxe). HIG

' Details of allotment done:o Allotment through DQ:. Allotment through Lottery :o Allotment by Auction:o Houses (Sub-iudice):o Vacant Houses:

. lt appears from the records that there is pima facle manipulation in thenumber of houses specified in HIG (D) & HIG categories by keeping the totalnumber of houses intact. For example, when the DQ for HIG (D) should be 13(1Oo/o ol 128), the BDA allotted 18 i.e. 05 extra in HIG (D) category DQ.Similarly when the DQ for HIG should be 18, the BDA allofted only 12 suchhouses under this category.

. As far as the lottery quota is concerned, 80 persons were selected under HIG(D) category as per the proceedings of the Authori$'s Meeting dated15.11.2007 out of which 08 selected persons were not found in the allottedlist. Similarly in the HIG category, out of 137 selected persons, 06 personswere not found to be allotted under this category.

' From the analysis of data and proceedings, it is revealed that 31 extraallotments in HIG (D) category and 29 extra in HIG category have been madeover and above the select list of 80 and 137 respectively.

(19) Name of the scheme: HIG Duplex (Finished) Housing Scheme of AnantaVihar, Pokhariput, PhaseJl.

Findinqs:. Mode of Advertisement: Dharitri, Samai, The Indian Express, Iimes of

lndia, on 13.02.2009

' Last date of receipt of application: 10.04.2009

l.-^*-l,fi n-Special secretary(GA Depadment)

128176

30265030204

Chief Administratot KBK &ACS R&DM Department

Commissioner-cunf Fecretary(H&UD Departlhent)

. No. of units advertised: 45

. Total applications received during the advertised period: 79

. Details of allotment done:o Under discretionary quota:o Allotmentthrough Loftery:o Allotment through auction:


. Total No. of Units advertised:

. Allotment done bY auction:

. Total sealed quotations received:

. One plot (Plot No.249) has beenHigh Court in case No. 17474108

. Last date of receipt of applications:

. Dates of Auction:

. Allotment bY auction:

. Sub-judice:

. Total sealed quotations received for auction:

Page 118

024101

11.12.20132323 plots236

reserved as per the direction of the Hon'ble

24.O3.200928.04.2009 & 29.04.200909 plots01

499

[*--*un It Cg--^*.t^-^

. Only 44 Duplex Houses were shown to have been allotted as against theadvertisement for 45. One house could not be constructed.

. Three Duplex Houses were allotted under discretionary quota. Later onehouse allotted under discretionary quota (Sri Bikram Keshari Arukh) has beencancelled and allotted through auction.

. Out of 44 allottees, 09 persons (01 in DQ and 08 in Loftery) belong toBhubaneswar. The eligibility may be verified in each of these cases

(20) Name of the scheme: Auction sale of 23 nos. of plots in Prachi Enclave,CandrasekharPur

Findinqs:

. Mode of Advertisement: Samaj, Dharitri, The Indian Express on19.02.2009: in The Economic Timeson25.02.2009. Brochure also on BDA website.

|21|Nameofthescheme:Auctionsaleofl0nos.ofplotsinPokhariput'PhaseJl, Anant Vihar SchemeFindinqs:

. Mode of Advertisement: The tndian Express'on 19.02.2009; and also onBDA website.

ffiACS R&DM Depadment (GA Department)

B,

(1) Name of the Scheme: Kalinga Nagar Plotted Development Scheme(HtG, MIG & LIG)

1011662441811

Allotment made after 01.01.1995:HIG Plots

o Allotment made under DQ of Chairman:o Allotment made through lottery:o Allotment made by other means (not specified):. Pr.-pot"""sion trinsfer allowed out of allotmentunder DQ:.

p6s1'-possession transfer allowed out of allotment under DQ:

MIG Plotso Allotment made under DQ of Chairman: 166o Allotment made through lottery: Nilo Allotment made by other means: 1'198o Pre-possession transfer allowed out of allotment under DQ: 20. Post possession transfer allowed out of allotment under DQ: 27

LIG Plotso Allotment made under DQ of Chairman: 146r Allotment made through lottery: Nilo Allotment made bY other means: 431. Pre-possession transfer allowed out of allotment under DQ: 21. Post possession transfer allowed out of allotment under DQ: 24

Findinqs:. BDA has intimated that the original file of the scheme is missing. so the

findings have been arrived at basing on the verbal information andreconstructed file and other documents provided by them.As per the provision of the brochure 17o of the total plots were kept reservedfor ihe discretionary quota of Chairman. But it was enhanced to 10% by the51"t Authority Meeting held on 22.01.'1994. 08 nos. of plots under HIGcategory and 04 nos. of plots under MIG category have been allotted inexcess under the discretionary quota.

In the brochure, there is a provision that those who applied for plotselsewhere under BDA scheme, but to whom plots were not allotted and refundof deposit had not been taken by them, will be given preference in allotment ofplots under this scheme. lt is seen from the records submitted by BDA thatb29 nos. of applicants have been allotted plots instantly using this provision.As per the brochure condition, the building must be constructed within 5 yearsfrom the date of handing over possession failing which lease would bedetermined and possession of plot would be taken over by Authority. But BDAhas allowed pre-possession transfer in 59 cases and post-possession transferin 56 cases out of allotments done under discretionary quota.

[t-*---+'n lL ca-^^.-/-^chief Administrator KBK &ACS R&DM DePartment

Commissioner-cqi-Secretary(H&UD Depdttment)

Special Secretary(GA Departrnent)

Page l2O

. out of the total 1540 nos. of LIG Plots,200 nos. of plots have been divertedfor construction of housing scheme for lower income group in the samescheme as per decision taken in 53'd Authority Meeting held on 08.07.1995.

. BDA has allotted land measuring Ac.19.714 in three phases in favour ofsikshya ,o' Anusandhan university as detailed belnw by other means. Thisamounts to misuse of power to grant undue favour.o Ac.8.953 on 30.07.1999 for establishment of Engineering College'o Ac.3.557 on 31.03.2005 for establishment of Engineering College'c AcJ.204 on 18.07.2007 for establishment of Medical College'

. BDA allotted land measuring Ac.1.859 in favour of Secretary, LoyolaEducation society on 16.12.1997 by other means, which amounts to unduefavour.

l2l Name of the Scheme I Kalinga Vihar MIG housing Scheme, K-9 (A)Year of Launch: 1994

Findinqs:. Mode of Advertisement: No Information submitted regarding date

ofadvertisement and names of Newspapers'

. Last date of receipt of application: 15j2j994 (cut-off date -reported as

extended to 31.12.1996, but no information onadvertisement done submitted)

. Total No. of houses advertised: 200 (MlG Core houses)

. Tota| No' of app|ications received during advertisement period: Not submitted

. Details of allotment done:

r Under Discretionary Quota - 18. By other means - 177

. The main file is reported to be missing'

. The other means of allotment method have not been specified'

.Noinformationprovidedasregardsa||otmentdonepriorto0,|.01.1995.

.UnderDQ,oneal|ottee(Smt.JayantiPadfriWoDr.SashiBhusanPadhi)hadbeen allofted additional land of 1,920 sq' ft'

.OutoflSDQal|ottees,04hadnotsubmittedaffidavitintheprescribedform.

. Out of 18 cases allotted under DQ,02 cases had been allowed pre-oossession transfer. Simitarty 02 cases had been allowed post-possessioniransfer. Eligibitity would need to be determined'

.|nthebrochure,therewasprovisiontogivepreferencetothoseapp|icants*n" *"* unsuccessful'in foGw in the Slmanta Vihar scheme giving oplionior1n" Kalinga Vitrar MtG

"ot" ho'"" scheme within the stipulated time'

Hence some applicants of one previous scheme were brought under thescheme for allotment.

N*'-.-*-A^h K.ffi@

ACS R&DM Depsrtment (GA Department)

(3)

Page 121

Name of the Scheme: Kalinga Vihar HIG housing Scheme, K-5 (Phase-l)Yearof launch: 1993

Findinqs:. Mode of Advertisement: Not submitted' Lastdateof receiptofapplication: 15.01.1994' Total no. of houses advertised: 225 (224 houses actually constructed). Total No. of applications received during advertisement period: 76. Details of allotment done before 01.01.1995:

. On first come first serve basis - 45t

a

o

Under discretionary quotaOn first come first serve basis

27152

. Due to poor response, allotment had reportedly been made on first come firstserve basis but no publicity with regard to availability of houses in the schemehad been resorted to.

. Against the prescribed limit of 22 number of houses, 27 houses were allottedunder discretionary quota; five more than the limit.It is reported that though 76 no. of applications were received within theadvertised period, order was passed on 31.03.1994 for allotment of 77houses. But final allotment letters were issued to 75 applicants. BDA could notsubmit any explanation for the mis-match pointed out.Out of 25 cases allofted under DQ, 03 cases were allowed for pre-possessiontransfer. Similarly in 01 case, post-possession transfer was permitted.

(4) Name of the Scheme:Year of launch:

Pallashpalli HIG duplex housing Scheme1984-85

Findinqs:. Mode of Advertisement: No information regarding date ofadvertisement

and names of Newspapers.. Total no. of houses advertised: 150 (195 allotments actually made). Details of allotment done after 01 .01 .1995

o Under Discretionary Quota - 01. Out of total 04 DQ allotments, 03 were made before 01.01.1995 and one on

06.04.2005. The said house was allotted under DQ after cancellation of aprevious allotment.

' Out of 04 cases of allotment under DQ, 01 person was allowed pre-possession transfer before 01.01.1995. In another case, post-possessiontransfer was allowed after 01.01.1 995. Eligibility would need to be verified.

t\--^--a^fi l(. u-^.*-L.^Chief Administrator KBK &ACS R&DM DeDartment

Spgcial Secretary(GA Department)

(5) Name ofthe Scheme: Gadagopinathprasad housing Scheme, Phase{lFindinqs:

. Brochure has not been submifted.

. Mode of Advertisement: No advertisement was published.

. Total No. of houses in the scheme: 16It has been reported that in the 44th meeting of BDA held on 04.07.1992, itwas decided that six houses earmarked for general public should be includedin the DQ and eight houses meant for BDA staff be allotted through lottery.

. Details of allotment made after 01.01.1995:a

a

Under discretionary quota: 01By Loftery: 01

public was diverted to be allotted by. One house earmarked for generaldiscretion of Chairman.

. One extra allotment under DQ than the prescribed limit has been done.

(6) Name of the Scheme:Year of launch :

Duplex HIG Housing Scheme, Baramunda1992

Findinqs:. Mode of Advertisement: No lnformation submitted regarding date

ofadvertisement and names of Newspapers.. Total no. of houses advertised: 229 (approximately). Details of allotrnent made after 0'1.0'1.1995:

. Under Discretionary Quotao On first come first serve basis. Allotted from the waiting list of 1"' phase -o By Auction

(after cancellation of 02 unitsallottedbefore 01 . 01. 1 995)o By Lottery

Total. For 09 allotments made on 'Tirst come first serve" basis adequate publicity

had not been made. lt is reported by BDA that the advertisement was affixedon BDA notice board onlY.

. Further, no eligibility criteria had been mentioned in the brochure. Perhaps forthis reason allotment was made in favour of Akhila Bharatiya BidyarthiParishad (under discretionary quota) and Rotary Club, Bhubaneswar (throughlottery).

, Totaf 38 DQ allotments had been done under the scheme, which is 12 morethan the total prescribed limit. Therefore the last 12 allotments under DQmade after 01.01.1995 would be ineligible.

\L"--lfi ?L u^---A^Chi6f Administ.alor KBK &ACS R&DM DePartment

15090502

0738

(GA Department)

(71 Name of tlre Scheme:Year of launch:

(8) Name of the Scheme:Year of launch :

Findinqs:


Chandrasekharpur Housing Scheme, phase_ll1989

Samant Vihar MIG Housing Scheme1994

25.06.1994Sun llmes;

Page 123

Chandrasekharpur Apartment HousingScheme, PhaseJ1983

Findinos:

' Mode of Advertisement: No Information submitted regarding the dateofadvertisement and names of newspipers.

. Details of allotment made after 01 .01 . 1995:. Under Discretionary euota _ 02(MlG_l:01, MIG_Il:01). By other means (not specified)_ 2S(MlG_ll:07, LIG_Il:08, EWS:10)

' The method of ailotment made by other means has not been exprained.' 04 cases of post-possession transfers after 01.01.19gs had been ailowed byBDA,

. Mode of Advertisement: No Information submifted regarding the dateofadvertisement and names of newspipers.

' Against the advertised.l32 Mrc-il houses, 1gg houses were constructedSimilarly, in case of LlG,.against the advertiseJ t++ units, 229 houses wereconstructed. No information on approvar of Authority to increase the No. ofhouses has been made avairabre. rut constiuctJ hor""" had been arotted.' Detairs of atotment made after 01.01.1gg5: (Fuil information not submitted)o Under Discretionary euota: 02 (One each from MIG-ll and LIG)' Though it has been reDorted that 1gb units had been ailotted, the detairs ofattottees in prescribed proforma h"6;oi ;;;;iJrnnn"o.' From the detairs furnished of 02 artottees under DQ after 01.01..1gg5, it isseen that though in the b.rochure ttre cnaiiman, ion n"o oi"ti"ii."Jrv q,ili"2! zv". of totar units, vice chairman,-a';;"nro

"ttott"o one unit underdiscretionary quota in favour of sri Kiushna iGnora Mahapatra, who hacllater been allowed pre_possession transfer "tln"."iO allotGd;ro;;

Findinqs:. Mode of Advertisement: Reportedly advertised on

Samaj,pragatibadi, Dhaiti andcopy furnished.

. Last date of receipt of application: 31 .07.1994l\ lL-lL_r*FtvrA

-

unEr Admtnistrator KBK &ACS R&DM Departmenl

tnno

h- ca---*A.^


Findinqs:. Mode of Advertisement:

Findinqs:. Mode of Advertisement:

District Centre Self financing CommercialComplex, ChandrasekharPur1992

No Information submitted regarding the dateofadvertisement and names of newspapers'

Page 124

?L.@ (GA Depariment)

. Details of allotment made after 01'01'1995:

. Under Discretionary Quotao From previously held lottery waiting list -o As per order of High Court

070105

It is reported that additional six houses were constructed taking the total

"ttotrn"ntto75.Noexp|anationforraisingthenumberofhousesthanthatwas advertised has been furnished by BDA'Against the stipulated limit of 15 number of houses (20o/o as mentioned in theUilcnure), 20 irouses have been allotted under discretionary quota; five morelf1"n tn""pr""cribed limit. The last 05 allotments against DQ made after01.01.1995 are notas per brochure condition'

Noinformationsubmittedonpre-possessionandpost-possessiontransfers.

. Details of allotment made before 01'01'1995:

. Details of allotment made after 01 '01 1995:

r Under Discretionary Quotar By Lotteryo By Auction. On first come first serve basiso On recommendation of Allotment Committee. By order of High Court (Copy not furnished). Number of Vacant Plots

Out of 33 allotments made under DQ' BDA has allowed third party transfer in

16 cases. From the availaot!'i#rmaiion it couto not be inferred whether they

*Lt pr"-po""ession or post-possession'Aqainst the stipulated limit of 37 number of houses (10olo of total units

allotted)fi;;it';";Jueen-arrotteu under discretionaryquota; one more than theii"*riO"Jli|11it. The tasiOO-atiotment made after 01.01.1995 is not as perbrochure condition.

(11) Name of the Scheme: Composite growing Housing Scheme'Baragarh' yearof launch: 1978

t\'-'--+,itffiACS R&DM Department

' Total No. of houses advertised:379 (369 houses were actually allotted)

5 under DQ

332890210240610

No Information submitted regarding the dateofadvertisement and names of newspapers'

' Details of allotment made after 01 .01.1995:

. Under Discretionary Quota 01 (LlG House)

l12l Name of the Scheme:Year of launch:

Findinqs:.ModeofAdvertisement:No|nformationsubmittedregardingthedate

ofadvertisement and names of newspapers'

. Details of allotment made after 01 .01 .1995:

o Under Discretionary Quotao On first come first serve basiso By order of High Court(order copy not furnished)o Number of Vacant Plots

. lt is reported that some vacant plots were encroachedallotted.


Findinqs:. No brochure has been submitted, Mode of Advertisement: No Information submitted regarding the date

ofadvertisement and names of newspapers.. Details of allotment made after 01.01.1995:

. By auction (after cancellation)o By other means (not specified)

. The other means of allotment have not been specified.

(14) NameoftheScheme:

Year of launch:Findinqs:

. Mode of Advertisement: No Information submitted regarding the dateofadvertisement and names of newspapers.

. Details of allotment made after 01.01.1995:0114

. In 01 case allotted under DQ, pre-possession transfer had been allowedsimilarly 01 case had been allowed for post-possession transfer in allotmentby other means.

/L. U.-^^-J-.^

Page 125

o Under Discretionary Quota. By other means

Baragarh Plotted Development Scheme1985

-03-01-01-32

and hence could not be

Ramchandrapur, Jatni Housing (MlG) Scheme1993

Jajarsingh, Khordha and Ramachandrapur,JatniHousing Scheme

1984

-

Speciat secretary(GA Department)

0106

l\Iff-\\-'''-A' \Chief Administrator KBK &Acs R&DM Department

(f5) Name ofthe Scheme:Year of launch:

Findinqs:' . Mode of Advertisement: No Information submitted regarding the date

ofadvertisement and names of newspapers.. Details of allotment made after 01.01.1995:

HIG- I:r By other other means (not specified). Under Discretionary quota

HrG- ll:o By other means (not sPecified)

. As far as allotment in DQ is concerned, in HlGl category, two more DQallotmenls had been made than the limit prescribed (5% of total unit as perbrochure).

(16) Name of the Scheme:

Year of launch:Findinos:

. Mode of Advertisement:

Kapilprasad Housing Scheme

1989

Chandraeekharpur Plotted DevelopmentScheme, Phasell

1987

No Information submifted regarding the dateofadvertisement and names of newspapers'

-02-01

05

. Details of allotment made aft9r 9.1.9J.1995: (category wise break-up notsubmitted)

. Under Discretionary quotar By other other means (not specified)o Vacant Plots

Asfarasa||otmentinDQisconcerned,post-possessiontransfershavebeen"iio*.J in 05

cases of MtG category, 03 in LIG category, 02 in EWS categoryafter 01.01.1995.ln allotment under DQ,44 more allotments have been done than the;;";;ril;J ii'"it (4o/, ol ih" tot"l units as per the brochure)' lt would thus;pp;;; that all 26 allotments made under DQ after 01'01'1995 are not as perbrochure condition.

t\---+Jtr 24-.

-26-08-03

CUTTACK DEVELOPMENT AUTHORITY

12.LiketheBDA,theCDAtoowascreatedunderSection3oftheoDAAct'1982*itt oop"tiu." similar to those for BDA. The paftern of allotment followed by the cDA isalso similar to that of tne ebA. However, brokers/intermediaries appear to- have played;;igt;r role in allotment and transfer of tand in CDA. Large scale transfer of allottedLniiritn the permission of the CDA in violation of the lease brochure conditions

"annot ue without unholy nexus and considerations. Further, any exercise of discretion

ffiACS R&DM DePatunent

SDacial secretary(GA Department)

p age 127

without authorization for it by those at the helm of affairs would suggest the need foran overhaul of the system itself. on the basis of the information avfiaute, luestionscannot be raised about the inclusion of some of the Judges of supreme Courtlno Higncourt in the discretionary allotment in the context of iny coveiing up oilhere rargescale irregularity. This would need an express investigition, wniin is noi *itnin tt"competence of this Task Force..Allotment of bigger size plots ior commercial purposesby recourse to unauthorized. discretionary pdiers wourd appear to sritJ.i tno.eresponsible for protecting public interest may have actually *oired against ii."--1? ^ _ rnj: anarysis of schemes under which ailotments have been made after01.01.1995 do not ab initio rule out the above. scrutiny of documents i.e. brochureconditions, allotment procedure, decisions taken by ihe authority ieveat- seriousanomalies some of which are as under:

* cDA appears to have diluted the provisions laid down in the brochures againstmost of the schemes, thereby disregarding the principres of objectivity,transparency and fair pray virtuaily across the whore processes of ailoiment otresidential and commercial plots

.

* The advertisements .for ailotment of prots had been published in rocalnewspapers 3 times.in respect of sector-6,9 & 13 atone'wnereas cbn naotaken up protted devetopment schemes for ailotment of residentiat anocommercial plots in 0g Sectors i.e. Sector_1 , 6, 7, g, g,10, 1 1 & 1 3.

* The advertisements, pubrished-in ne.wspapers wgrg ngt sector-specific. Theywere mostly general .in nature for allotment of residential I corrJr"iai pfot" inAbhinaba Bidanasi Kataka. The advertisements as wet as the brochures aresilent about the number of prots avairabre-in each sector. This wourd haveconfused potentiar appricants. The reason for not specifoing the number of protsin each sector is not explained in the files concerned.

t( The essentiar conditions for ailotment of prots are that the appricant or any of hisfamily members should..not pg:ses: ""V

pf"i iesidential / commercial or flats inthe jurisdiction of cuttack Municipar '"i""' l,. coa area. wrrire-sitmittingapplications, an affidavit has to be iuumitteo by the appricantin supp'Ji'or *,edeclaration' There is arso clear-cut pr;;iri;; Jn the Brochures that in case ofsubmission of false- information oi "rppi"."ion of any material fact, theapplication wiil be rejecled summariry anJ-irotment of the prot wil be riabre to becanceted without making anv reference to ine'appticanr ih;;;6i;Jio-"it *irralso be forfeited partty or tutty.

But conhary t9.!he.a.b9ye conditions, applicants having residential andcommerciar prots in cuttack in their name/in the'name ot ttreir rimiiy mlmiers incuttack town had been. arofted prot"ltror"". in the review period and in somecases more than one.atotment had arso been made. The permanent addressessubmitted by the appricants do not "pp""ilo t'"u" been properry verified by theAuthority.

* ln the brochures there is a condition that the buirding must be constructed within5 years from the date of.handing ou"r. to;r"rJln; failing so, possession of plotwourd be taken over by theAut60ritv. in"i"l"Lr.o a condition that the vacantplots wourd not be atowed to be trJnsfer-J'!ven after fut payment has beeniil311il"* buirdins has been "onstru"ieJoulr it coverins'at'reast es.ig% or

f-.,-,-*^tr 4-

-

\,nter AomtnFlrator KBK &ACS R&DM Department

bpectat Secretarv(cA Departmenti

14. But the Authority in its 51st Meeting held on 24.12.1991 resolved to givepermission for third party transfer to the allottees who have failed to construct theirhouses within 5 years from the date of taking of possession on the condition that thetransferee will construct house within one year of such transfer. This has resulted inlarge numbers of unwarranted third party transfier cases violating the lease principles.cDA had also not intimated the date of transfer of possession to the third parties.

{< In the brochures published for sector-6, 8, 9 and 11, there was no mentionregarding discretionary quota of chairman. But in all these sectors, 10% of thetotal plots/ houses or more than that had been allotted under discretionary quotaof Chairman. In the absence of information to the contrary furnished to this TaskForce, it may be concluded that power had been exercisei without authority.

* The Authority in its meeting held on 29.11.9s decided to enhance thediscretionary quota of chairman, cDA in respect of allotment of plots [andincidentally also shop roomsl from 5o/o toloo/o. Besides all cancelled plots wereadded to the discretionary quota of chairman. But in the brochures ior sector-10 & 13 published in 1999 and 2001 respectively, it was mentioned that bolo ofthe plots/ houses of each category will be reserved for allotment underdiscretionary quota of the chairman. No plausible explanation has been givenfor dilution of the provisions mentioned in the brochure.

{. The common principle of allotment includes proper and wide publicity regardingthe scheme with number of units available, fair and nondiscriminatory selectionmethod with transparency, and due regard to all procedural matters. When moreapplications were received for any category, selection should logically have beenthrough lottery. In the allotment procedure followed by CDA, unsuccessfulapplicants of one sector were found to have been adjusted through exercise ofdiscretion in other sectors. Thus, the process of allotment adopted over thenearly two decades at issue may have given ample scope for suspicion andmistrust among the general public towards government agencies concerned.

15. Lacunae detected in course of examination of each scheme on the basis of thedocuments and other information provided by CDA to this Task Force are given in briefas follows:

(1) Name of the Schemel Allotment of Commercial / lnstitutional PlotsinAbhinaba Bidanasi Kataka, Sector-l

Findinqs:. No copy of advertisement has been submifted (not available). Year of the scheme:. Total nos. of units in the scheme:. Details of allotments done:

o Under Discretionary Quota:o By Auction:. By other means (not specified):

. Out of 25 commercial plots, 11 nos. of plots have been allotted for institutionalpurpose and 01 plot for medical purpose by using discretion (by other means)The CDA has submitted that these allotments have been made on the

$n+ttL.F/s r-t1rtChiet Admlnistrator KBK &ACS R&DM DeDartmont

199625 commercial units

021112

14. U^^-eA-(GA Department)

recommendation of the Allotment committee and with due approval inAuthority Meetings.' 9D.l su.bmitted a copy of the advertisement for auction of plots pubrished in

99yg-q1ry 'The gamaf -dated 19.02.09. The proceedings'of auction daied11.08.2009 and 26.0s.2o12 in support of ailoiment of ti3 prots nave oeenfurnished by cDA. But.information regarding rest of the

"rrbtr"ni, ttr"rJr,auction has not been submitted.' Two pfots- measuring 2'r7,812.s sq. ft. each had been ailotted in favour of

firgctg1 ABIT Group of lnstitutions, Cuttack, by other means. CDA in its SSAAuthority Meeting held on 13.0g.99 approved-the proposal for allotment ofland measuring Ac.5.00 in favour of ABiT.' The span of alrotments ranged from 1996 to 2012. A[otment underdiscretionary quota was made first on 05.12.2e02 and then n""rrv ." v..L

fatgr 91 21.01.2008 (ailottee: Nivedita pradhan, Ex-Mayor, crr,rcl. ftre rcjasonfor holding on to any allotment for so long is not explained.(21 Name of the Scheme:

. Year of the scheme:Sector-6, Abhinaba Bidanasi, Kataka

1986-87

1 ,697 residential plots + 34houses

Findinos:. Mode of Advertisement: Samay on 10.04.19g7

,

. Lastdateofreceiptofapplication: 20.06.19g8

. Total nos. of plots:

. Details of allotment made prior to 01 .01.1995:(a) 1,589 residential plots and 29houses.(b) 26 plots allotted under De.

duplex. Details of allotment done after 01 .01 . 1995 :

. By other means (not specified):

. CDA has not submiftedreceived in response to02.06.1988.

. Allotment as per brochure condition: 05 houses

. No. of vacant plots: 02' The advertisement was not sector specific, that is, sector 6 was not specified.Ilrgrr .*": a generar advertisement ioi

"rrotrlnt of residentiar prots inAbhinaba Bidanasi Kataka.information regarding the number of applicationsthe advertisements made on tO.O+.i'ggZ anJ

Even though there was no provision in the brochure for allotment of plotsunder discretionary quota, l2i ryq of ptots h";;#;" ailotted under De, wirhas many as 95 under De after 01.01.1995.lJl:_1lp*[v^M9"!ls of CDA hetd on 2e.11.1ee5, it was decided roenhance the De of Chairman CDA in respect of allotment

"f pl;G-A;It-"--un

unter AomtnFlrator KBK &ACS R&DM Department

95 (94 residential plots+O1 commercial unit)03 commercial plots08 commercial plots

Under discretionary quota:

incidenta.lly. also shops rooms) from 5o/o to 10%. Besides, all cancelled plotswere added to the discretionary quota of Chairman, CDA. - --"-- F,v.

' Tlalsfer of possession_to third party ailowed in 2g cases out of totar 9sallotments made under De after dt.oi.rsgs.Gies ot transfer have not beenindicated in the information provrueJ Oy C-DA. --*' All the 0g commerciar units have been ailotted for institutionar and grouphgyging purpose contrary to the brochure

"onoition" on the recommendationof Allotment Committee and subsequent

"ppiou"J OV Chairman, CDA.

' A plot had been ailotted under De in favour of Sri prabhat Ranjan Biswar ofKendrapara. Another prottrad oeen attotted inrauou,. of Laxmi Birashini Biswar,w/o s' Prabhat Ranian Biswar or urananaoi'vnar, cuttacr ffi;;o:-il;ailottees might have inten-tionaily suomitteJiitr"r"it "oor".ses

to get murtipreplots. lt is germane that CDA OiA not exercise Or. Oitig"n""to ;,fi;;i" J;;multiple allotment to the same family.(3) Name of the Scheme:Findinos:

. Year of the scheme:

Sector-7, Abhinaba Bidanasi, Kataka.

1989Not submitted1 5.01 .'t989

153 (02 commercial plots)1,370 (Lottery proceeding notsubmifted; but,copies of lottery lists were)

05 (Auction proceeding notsubmifted)03 (for institutional purpose)

. Date and mode of advertisement:


. Total number of units under the scheme: 2jgs. Allotment under De:. Allotment by Lottery:

. Allotment by Auction:

. Allotment by other means:

I

t

. No. of vacant plots: 12Total units allotted after 01 .01 .1995: 1 ,53.1

No fresh advertisement was made and no fresh applications were invited forthis sector.The spillover applications of Sector-6 were adjusted in Sector_7.CDA has not submifted loftery proceedings. However, copy of theadvertiseme_nt relating to drawl of 'lots and -selection of plots' -has beensubmitted. similarry cDA has not submitted the auction proceeding, bui ih;comparative statement for selection of the highest bidder has been s-ubmitted-In case of 62 numbers of units (including 01 commercial unit), out of allotmentmade through discretionary quota and 490 prots under rotGry and 19 rvlrGhouses, third party transfers were allowed after 01.01 .1gg5. -But there is acondition in the brochure that vacant plots would not be transferred even afterfull payment has been made unless building has been constructed over itcovering at least 33.33% of the area. The Authority in its 51sr meeting treiJ on24.12.1997 resolved to give permission for third party transfer to thiallottees

\\-..'-.---ArI[Chief Administrator KBK &ACS R&DM Departmnt

-v\' C-t^-,-^-J.-(GA Department)

page l3twho have failed to co:slryci, their houses within 5 years from the date oftaking over possession.on tne conortiJn'in"i'ii,. tr"n.r"ree.wi, constructnouse within one vear of.such tr"n.r"i.'it"'i"ti,.on

28.03. 1 9e8 auihorized vice cnaiiman; ;il'ijtjY]i jts 53rd.meetins herdtransfer cases. ,.__ y,,u,,,,,c,r,, \,|J ro otspose of third parly land.

.Yljl" the brochure speaks about allotment bv ,,firthere was no provisioilor ailotment of plots ,;d.r".'t,-":T9 first serve" basispractice, tne ittotmenis.through loftery alonq *,,disgretionarY quota. But hwere made All allotments mao-e unceiii#ii"#|l otscretionary allotments.

I::1_13 prots were ailotted under discretion", ol quota are thus arbitrary.

lgY:_"" were attofted arter or.oi.rgd;ilJ#1t""_."1d 19 plots ror MtG;:*:',T;",jxr;"H*:i,: j:";ru;;[il#:fl .fl :'i"'':ffi i:::)

(4'l Name of the Scheme:Findinqs:

Sector-8, Abhinaba BidanasiKataka

86 (80 residential and 06 commercial plots)6212504 (for institutional purposel07

. Yearofthescheme: 1995

. Date and mode of advertisement: No advertisement published.' Last date of receipt of ag_n-llgatjo]: No fresh apptications invited for sector_8' The spi'over apprications ot sector-g ive;"lff:,* rn sectors-8 & 1 1 .. Total number of units under the scheme: Z3g plots & 21 Houses. No allotments have been done priorto 01.01.199S.. Details of Allotment done after 01 .0,1 .1995:

. Allotment under De:

. Allotment by Loftery:

. Allotment by Auction:

. Allotment by other means:

. No. of vacant plots:Totat unite attotted after 0i.01.1995: 736

' whire prot sizes are mentioned in the brochure, no information regarding thenumber of plots is available in u""n ""t"g-o;."'"'

'

' n:X|. i''.:::ifffffi ffi "$[:3f *1; jr:"' ma d e bevo nd 1 0 % or tota I p rots

. In respect of lottery, CO_f n31.noJ given information in detail. They have onlysnown rhat 616 prots are atotted ihr-ouil'i;ii;';r""ess arong with another05 duprex houses. Loftery proceedi"g;l;;;;Leen submitted by cDA.. CDA had allowed third party transfers in 24 nos. ceu n d e r d iscretio"

"'v q, &" (oo )

"tJ i cj i .ij . ii:s r:fi : ::lJJ :?",t#""J1:", T:l:not been indicated in the information submitted.

. Regarding ailotment ot lo.,r"_ lo 9gt]B !V ,,other means,,, CDA has submittedinformation that oSHB had apptied f;r;,0 ;;;,pilts for institutionat purpose.

[t.--{"tr@

ACS R&DM Department

U_, CJ'"_-^-l^--k (GA Departmenti

page l32Accordingly, the CDA ailotred^two^big lloF uli:43,560 sq.ft. & 40,381 sq.ft. forinstitutionar purposes. This arso goes against the rease conditions.(5) Name of the Scheme:

Findinqs;. Year of the scheme:

Sector-9, Abhinaba Bidanasi Kataka

1991. Date and mode of advertisement: Samaj on 24.02.1991. Last date of receipt of application: 31 .OS. 1991. Total No. of units under the scheme: 1,714 plots and

.1g Houses(No. of plotsnotmentioned in the Brochure). Details of Allotment done after 01.01.19gS:

a

I

nilormenr unoer DQ: 204 plots and 02 commercial plots (206 Nos.)Allotment by Lottery: 936 plots and 05 houses (941 Nos.)Allotment by Auction: 31 commercial plots

' Allotment bv other t""ti"11,l3uoil;tit:inal' 02 commercial' 01 sroup. No. ofvacant plots: 06Total units allotted after 0i.01.i995: i,lg6The advertisement pubrished on 24.03.1gg1 was not sector specific. rt was agenerar advertisement for atotment oi r""i*i"r'iiits in Abhinaba BidanasiKaftaka without anv mention aoout tne nJir#ft"k;L avairabre in the sector.Number of applications o"",,y"9 in.response to the advertisement publishedon 24.03.91 has not been indicated btdDA:- * "*i:['i'[liJffi|;l;'ii;1'.fl,U cDA, s2r nos. or prots and 13 nos. or houses

' cDA had atowed third party transfers in case of ^5-6

numbers of units out ofatotments made under-d,isc-retionary qrot"rio"ioo prots under rottery, after,oh: Til,H:i,Jff ,.ff ,5:.TJ$*:ru iiil;;ii".o h"ue not ue" n r noi"liJ'in

. In the brochure, there w

::b:;#r';ffi :;ifi -ff J"#"::H,#;H,iT:i:"tr;i:I:i,ffi ,,g":3

' There is an expricit condition in the brochure that the buirding must beconstructed within five 1e-a,rg rroqr.tne i"i.'ii-'""",ng over of possessionFailing so, possession of ptot would b; t"k;; ;"; by Authority There is atsoa condition in the Brochlre

th_"i y;;i,i';ioi'uio'o not be a'owed to be$,lu1t"*lij. T:, TlJ;l _l1me nt ha s b; J;;;l;.,,., ress b u i rd in g ha s bee n3 1.*',"s ir, i,u pJ,{ i#:iJ[:";'.fi::il3';3iffi"'H. ,;:1"T?*iTiJlEnave been adhered to or not needs io il;;;. ,,.

li--.---un@ACS R&DM Department

Allotment under De:

(6) Name of the Scheme:Findinqs:


Page 133

Sector-l0, Abhinaba Bidanasi Kataka

1999

126 residential ptots plus 04 commercial plots1,580 (lottery proceeding not submitted)

16

1,753

. Date and mode of advertisement: Not submittecl

. Lastdateforreceiptofapplication: 31.12.1g99' Total number of units under the scheme: 1,769 prots (rncruding surprus

plots available in Sectors-8 & 11). Details of Allotment done:


. Allotment by Lottery:

. No. of vacant plots:Total units allotted:

. Allotment by Auction: 39 (Auction proceedings nof submitted)

. Allotment by other means: 04 (for Group Housing purpose)

' Nowhere in the brochure information regarding totar number of ptots avairabrehas been mentioned.' In case of 34 numbers of units (incruding 01 commerciar unit) out of DQallotment third party transfer were ailowed,-which raises question!

"uori' ,.or"of brokers / intermediaries possibry in connivance with cDA officiars.' l!. th." CDA^meeting held on 29.11.1995, it was decided to enhance the De ofChairman CDA-in respect of allotment of ptots (and incidentally atso sfroos

rooms) from 50/o to 100/o. Besides, alr canceiled prots were ioo"J to it.discretionary quota of chairman, cDA. But in the brochure pubrished inl dsgfor sector-10 it has been mentioned that 57o of the total plots of each categoryshall be reserved for discretionary quota by the Authority. rnis wouiJ o"-rit"i,and unjust to legitimate applicants, especially since freih aavertisement ooesnot appear to have been done.

' cDA allowed a number_oJ,'third party transfers' of prots immediately after thelottery i.e. within 2000-2001, when the stipulation required that the buildinosmust be constructed within 3 years and under no circumstances, this coub 5etransferred.

' In the brochure there is provision that if it is found that any applicant has givenfalse information or suppressed any materiar fact, the apprication wiir berejgcted summarily and the allotment of the plot will be liable to be cancelleowithout making any refeglce to the appricant. But out of 130 De ailotments,33 persons exclusively belonging to cuttack town were allotted plots. Thisappears to be contrary to the letter and spirit of the scheme

' Three plots had been allotted in favour of All odisha Judicial officers Housing& Welfare Services Co-operative Ltd. and one plot in iauori-oi c;t;;lCollectorate Employees Group Housing Co-operative Societies.' Allotment of one prot has been made under discretionary quota in favour ofBhabani shankar Mishra with other famiry member, namety, Bhanja Kishor

N".--{^l^Chief Administrator KBK &ACS R&DM DeDertment (GA Department)

Mishra. Another plot has been allotted in favour of Bharati Mishra with otherfamily members namely Bhanja Kishore Mishra and bnabani shankar Mishra.Misuse of discretionary quota is evident.

f9 gyo.ryitteo by cDA, apprications received in response to the advertisemenr on24.03.199'l were accommodated in Sector_g & 11.Findinqs:

(71 Name of the Scheme: Sector-l1, Abhinaba Bidanasi Kataka

. Year of the scheme: 1995

. Date and mode of advertisement: No advertisement was made.

. Last date of receipt of application: No fresh application invited.' Total number of units under the scheme: 1,652 plots' Details of Allotment done after 01.01.1995:

. Allotment by Auction: 14 Commercial plots


. Allotment by Lottery:117 residential plots and 03 commercial plots1.510

plots with measurementplots available in different

. No. of vacant plots: OgTotaf units allotted after 01.0i.199S: l,6U. The

.-brochure projected 07 categories ofspecifications but was silent about ihe no. ofcategories in Sector 1 1.

' In case of 29 numbers of units out of ailotments made under discretionaryquota and 380 numbers out of rottery ailotment, con naa aioweJ;il;;ytransfers. The dates of transfer to third parties have not been indicated in theinformation submifted by cDA. These need io be verifieo ror erigibirity. - ' "'' In the brochure, there was no provision for ailotments under discretionaryquota. In the CDA meeting hetd on 29.1 1 .1 995, it was OectOeO 6 ;;;;;'til.DQ of chairman cDA in-respect ot arroimeni'oi prots (and incidentaty arsoshops rooms) from 5% to 10%. Besides, ail cancerred prots were added to thediscretionary quota of Chairman, CDA.. Within each category, a separate serial list was prepared by CDA for excessapplications on the "rast registered, first exctuoli'basis". T'hese

"ppruii"."had higher seriar oriority.over the apprications seriarizeu for the next sectorAfter attottees of 'a partic-urar sd;';;;;"iii'"ir choice, the remainingavai tabte ptots earmarked for thi s 6rt;;;;;tor"ti""irv .il;"Jilil"'i:It- n"o.. group along with ploti "irr"ri.O- ior them. Such conditionsnecessariry opened frood gates of confusion and controversies.

' Allotments had been made by rottery conducted once. After prots had beenexhausted in a sector, the remaining'partiCipants Jerialised i. th;l;d;;;iadjy.steg against the prots avairabr6'in "nbin"i.""tor. However, no freshapplications had been invited; no rr"sn lotterv nad been conducted forsubsequent sectors. Thus, the whole process 'of ailotment r"J"-ov bolviolated the principles of transparency

",iO t"ir. pf"V.

I r+l-| \--+--

-'f\e,Ytun|el AomrnFtrator KBK &ACS R&DM Dpa.tment

1'L- C-r^4^^-(^.--(GA Department)

' The Authority in its 68th Meeting held on 01.02.2002 decided to realizecharges for time extension for construction of building on the plots of cbn inBidanasi Project area for.1.0 years after expiry of stipirated p"rioo ot s yor..The. Authority further decided to take steps for cancellation'ot attotmeni atterexpiry of 15 years from taking over possession. The ultimat"

""tion i" not

reported to this Task Force.' lne cof had manipurated the provisions contained in the brochure anddisregarded the

.principres of objectivity and transparency in the pro".". ofallotment of residential and commercial plots under this scheme.

(8) Name of the Scheme:Findinqs;


Sector-l3, Abhinaba Bidanasi Kataka

Phase-f : 2001Phasell: 2004

' Date and mode of advertisement: Advertisement made in 2001 is nottraceable. CDA has submitted Xerox copies ofthe

-

Ner,vspaper advertisement in Samayadated14.02.2004.

. Last date of receipt of application: phase-l: 24.0g.2001Phase-ll: 91.OZ.2OO4

' Total number of units under the scheme: 1,596 prots (Both phase-r & il). Details of Allotment done (Both phaseJ & ll):

. Allotment under DQ:

. Allotment by Lottery:

. No. of vacant plots:Total unib allotted:

' Allotment by Auction: 08 Commercial plots

125 residential plots and 04 commercial plots1,332 (Lottery proceeding not submitted)

1271,469

tu-*-A^fi A*. Ct-..^.^-*..-

'' Information has been provided for both phase-l and phase-ll. lt should havebeen submitted separately as separate schemes.

' As per the information submitted by cDA, due to less number of applicationreceived in 2001, fresh applications were invited during 2004. Due toescalation of prices and addition of extra category of plots a new brochurewas published in2OO4.

' citing the decision of cDA meeting held on 29.11.199s to enhance the De ofchairman in respect of allotment of plots (and incidentally also shops rooms)from 5% lo 1oo/o, and also adding all cancelled plots to tire Da of bhairman'CDA, the CDA clearly the brochures published subsequenily in 2001 and in2004 under which the reservation under De had been mentioned as 5ol0.

. Out of total 129 allotments made under discretionary quota, 22 belonged toapplicants having addresses in Cuttack. Similarly 1g2 non-De plotJ wereallotted to persons belonging to cuttack. Eligibility of such applicants shouldbe verified.

Chif Administrator KBK &ACS R&DM DeDartment

SDecial Secretarv(GA Department)

' Three prots had been ailotted under discretionary quota in favour of BhimsenApat, Naba Apat and Kusa Apat on 22.01.2008, zb.os.zooS "; 1B.OZ.ZOOArespectivery. Ail 03 ailottees under the same scheme are sons of LateGobardhan Apat of vilrage Guari, Keonjhar. This shows bratant misuse ofdiscretionary power, without even the covlr of a fig leaf.

ODISHA STATE HOUS]NG BOARD16. The odisha state H.ousing Board (osHB) was constituted under section_3 of theodisha Housing Board Act, 196g with powers and drti.s to unoertiie J"nr".

"" r"iodown in Chapter-lll thereto.

17 ' The arrotment of houses/prots made during the period under revrew i.e.01.01 .1995 onwards shows that the Board has not fo-ilowed I"v p"ri.v oii"en-objectivenorms for identification of their beneficiaries. Most of the schemes did not containdetailed brochures and adequate pubricity does not appear to have been ensured. Inreality, the schemes appear open-ended and a large number of alrotments made arebased on undue discretion, despite attempts t6 disguise tnem triouln use ofexpressions such as 'normar ailotments' 'or as ail6tment by ,ott

"i",.tnoo.,.considering the haphazard record keeping, deriberatery ot ii-o"riu"otety, it isilpo:.iq9lg_quantifu the rapses and corrupt fractices in ailotment or proir,'norr."

"noflats by OSHB without a comprehensive thiid party/ CAG audit.

19 The reservation pattern foilowed by osHB varied from time to time. Theinformation furnished by. the .

Board does not, however, establish one_on_onecorrespondence betwe

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