Orissa Matters

CAG Report on Land Acquisition: Naveen Patnaik’s anti-people administration stripped layer by layer

Subhas Chandra Pattanayak

“Emergency provision was arbitrarily applied, contrary to the provisions of Land Acquisition Act and the land owners were deprived of the rights to contest the land acquisition and protect their property due to inappropriate application of emergency provision,” points out the Comptroller and Auditor General (CAG) in its performance report on ‘Acquisition and allotment of land for industrial purpose by IDCO for the period of 2001-12’, released on June 23.

CAG has stripped Naveen Patnaik’s anti-people administration layer by layer.

The LA Act has given people certain safeguards to people to protect their landed properties by objecting to acquisition. The same is rendered inconsequential by use of ‘emergency’ clause. The mandarins managing administration are so mismanaged by Naveen Patnaik that officers having no jurisdiction to approve land allocation to private industries have done it in blatant contravention of legal stipulations. As for example, it is stipulated that in cases of emergency, IDCO recommendation for allocation of land to private companies may be approved by officers of Deputy Secretary and above rank. But CAG has found allocation of as much as 2845.38 acres of land recommended for only 10 companies approved by lower rank officials, having no jurisdiction at all, like the Under Secretary.

Ever since Naveen Patnaik has started functioning as Chief Minister, many cultivators have been denuded of their land under the design of ‘public purpose’. It seems, the public sector IDCO is acting a comprador for private industries.

The Naveen Patnaik government is forcing people to part with their landed property for ‘public purpose’, but in reality the lands are acquired for private purpose of private companies by using their money for acquisition.

The CAG has noted, “Land for these industries should have been acquired under Part VII of LA Act, but was acquired under ‘public purpose’ to by-pass the legal provisions and procedures prescribed under Part VII of the LA Act sand LA (Companies) Rule 1963”.

Lands are allotted to private companies according to their preference at locations they decide, without care for how it would affect agriculture, irrigation and environment. Even the Revenue and Disaster Management Department (RDMD) has been used as an instrument in service of the private companies. It has approved acquisition of 14,296.56 acres of land for 33 non-government industries during the period from 2002 to 2012 under ‘public purpose’ clause. But, according to the CAG, “the circumstances did not permit the land to be acquired under ‘public purpose’ design”.

The RDMD had tried to justify its action under the cover of Section 31 (1) of OIIDC Act 1980. The CAG has rejected this mischief. “The reply is not acceptable since IDCO was acquiring land for private promoters and the entire cost of acquisition was borne by the promoters concerned” the CAG has observed while pointing out how the ‘public purpose’ clause has been misused to by-pass the law that provides for safeguarding the interest of land owners from the pernicious grip of private industries.

State is set to International Film festival; Orissa fest in outside Metros mooted

International Film Festival is going to be organized in Orissa during the current year. This has been decided in a high level preparatory meeting held today under the Chairmanship of Chief Secretary Sri Jugal Kishore Mohapatra wherein Principal Secretary Information & Public Relations Sri Pradeep Kumar Jena outlined the issues for discussion.

Considering various facets of the Festival, Chief Secretary Sri Mohapatra has advised to organize it during the month of November-December of the current year. It has been decided that the Festival will be organized simultaneously in twin cities of Bhubaneswar and Cuttack. The proposal for organizing the festival in auditoriums of RRL, KITT and Xavier were suggested in the meeting.

The Chief Secretary has directed to plan out the details of the festival with timelines. It is learnt that Orissa Film Development Corporation (OSFDC) , Departments of I & PR and Culture will jointly organize the festival.

The Chief Secretary has also directed OFDC to prepare an archive of Oriya films selecting good and qualitative ones from both the traditional and modern realms.

In another development for promotion of tourism and popularization of Orissa art and culture outside the State boarders, Chief Secretary has directed to plan for organization of Orissa Festival in metro cities like Bangalore, Mumbai and Hyderabad. It has been decided that Orissa Festivals in these places will be organized in collaboration with respective Oriya People Associations. A Steering Committee to this effect has been constituted under the Chairmanship of Principal Secretary Sri P.K. Jena with Secretary Culture Dr Arabinda Padhee, Secretary Textiles and Handloom Sri Surendra Kumar and CMD of IDCO Sri Vishal Dev. The steering committee has been advised to prepare the work plan and budget for the Festival. It has been proposed to organize the festival during festive seasons of these places. It has also been decided that the Orissa Festival will showcase good Odia films, Odishi dance, music, tourist treasures, handicrafts and textiles. Chief Secretary Sri Mohapatra has also advised to keep the Ekamra Hat at Bhubaneswar lively in bustle of activities throughout the year. It has been decided that the Cultural Societies of all districts will be given chances to showcase their districts through art and culture performances. The cultural treasures of each district, its folk songs and folk arts will be displayed by the artists of the respective districts. Principal Secretary I & PR Sri Jena and Secretary Culture Dr Padhee and CMD of IDCO Sri Dev , present in the meeting have been advised to plan out the detail and tag the districts in such a manner that the activities go on in each month of the year. It has been proposed to allot at least three days to each district to showcase their art, culture and performances.

The Director I & PR Sri Pradipta Kumar Mohapatra, Dy. Director Sri Pramod Mallik along with senior officers from OFDC and Culture participated in the discussions. (I & PR Pressnote)

Seeking Shankaracharya’s advice was a great conspiracy against Jagannath Culture; Unfortunately the High Court has approved it

Subhas Chandra Pattanayak

SriJagannatha is the creation of Oriya’s social evolution, not of any Hindu dictum. So, seeking and obtaining advice of Shankaracharya, an epitome of Hindu fundamentalism, in matters relating to Rath Yatra, was fundamentally wrong.

Unfortunately, as “correctness” of the “opinion of HH Shankaracharya” was not the issue “before” it, the High Court of Orissa has issued an order on June 20, that has scope to be misused by the caste-supremacists to the total detriment of Jagannath Culture.

History of Sri Jagannath is the history of battle between Shankaracharyan chauvinism and the people of Orissa. History has witnessed how the people of Orissa, in an unprecedented revolution, had forced Gajapati Purusottam Dev to withdraw his nefarious design to transform SriJagannath from Buddha to Vishnu and had thrown into the dust the statues of Adi Shankarachary and his disciple the first Mahanta of Gobarddhan Pitha by pulling them out from the Ratna Singhasana of SriJagannatha, where Purusottam Dev had consecrated those statues, promulgating their worship along with Lord Jagannath. People of Orissa, in their wisdom, had ejected Shankaracharya out of SriMandira; and rightly so, as he represents caste-supremacism and Vedic chauvinism when Jagannath, created by Buddhist Vajrayan, epitomizes casteless solidarity of the people and tenets of Tantra. Till now, since the days of Prataprudra Dev, the people of Orissa have disallowed the Shankaracharya to have any say on management of the system of SriJagannath. Now, he has succeeded to enter into the system through the backdoor by the High Court judgement where why he was not yet having any authority over the Jagannath system was not deliberated upon.

We publish here below the judgement ( Order Dated 20.06.2014 in W.P. ( C ). No. 10457 of 2014) for immediate public perusal.

This petition by way of PIL seeks direction to implement the decision of the Jagannath Temple Managing Committee constituted under the provisions of Shri Jagannath Temple Act, 1955 (‘the Act’) on the issue of climbing the chariots during Car Festival, 2014.

2. The case set out in the petition is that as per the traditions of Lord Jagannath Temple at Puri, Rath Yatra (Car Festival) is held every year when the presiding deities leave the ‘Shrimandir’ premises and journey to the ‘Sri Gundicha’ temple on the ‘Bada Danda’ in chariots or ‘rathas’ specially constructed for the purpose which are pulled by devotees using ropes. The ritual culminates with the return of the deities to Shrimandir known as ‘Bahuda Yatra’.

A question arose as to whether it was permissible for the devotees to climb atop the Rathas (chariots) when the deities are installed thereon for having a darshan of the deities or to touch the deities after the chariots reach Shri Gundicha Temple and before the deities are taken therein.

The said issue was referred by the Managing Committee for opinion of HH Shankaracharya, Puri on the understanding that HH Shankaracharya, Puri was the final advisor on the issue of rituals of the deities as per the statutorily recognized record of rights. HH Shankaracharya, Puri, vide his opinion dated 6.11.2013 opined that “none other than the Sevaks (who perform rituals or seva-puja over the Chariots during Ratha Yatra), the Shankarcharya and the Gajapati Maharaja are authorized to climb on to the Chariots and the devotees should have darshan from the Badadanda without climbing on to the Chariots”.

The said opinion was accepted by the Managing Committee and a sub-committee was constituted to suggest the modalities for implementation of the opinion which required co-ordination with various stakeholders and law and order arrangements. It also required bringing about consensus with the sevayat community, some of whom had opposed the said opinion.

The Managing Committee also referred the matter to the State Government to guide the Sri Jagannath Temple Administration (SJTA) for implementation of the above decision of Jagadguru Sri Shankaracharya. The petitioner represented to the State Government seeking implementation of the decision but since no response was received, this petition has been filed.

3. Having regard to the sensitive nature of the issue and taking into consideration the urgency of the situation, as the Car Festival is to commence from 29.06.2014, notice was issued for taking up the matter today itself and learned counsel for the Temple Administration was required to produce the documents about the Record-of-Rights.

4. We have heard Mr. Jayant Das, learned Sr. Advocate appearing for the petitioner, Mr. Ashok Mohanty, learned Advocate General for the State Government and Mr. B.N. Rath, learned counsel for the Temple Administration.
5. Mr. Rath has handed over a compilation of documents in Court today which include letter dated 11th November, 2013 from the chief Administrator of Shree Jagannath Temple, Puri to the Principal Secretary, Law Department, Govt. of Odisha on the subject ‘High Level Meeting to discuss on the implementation of the recommendation of Jagadguru Sri Shankaracharya on the issue of climbing on to the holy Chariots during Rath Yatra’ .

6. Learned Advocate General has produced the stand of the Government in the form of the letter dated 19.6.2014 of the Principal Secretary to the Government, in the Law Department, addressed to the learned Government Advocate.

7. The stand of the Government indicated in the said letter is that in the meeting held on 11.06.2014 presided over by Hon’ble Minister of Law, Govt. of Odisha, which was also attended by the Principal Secretary to Government in the Home Department; Principal Secretary to Government in the Law Department; Chief Administrator, Shree Jagannath Temple, Puri; Special D.G. of Police, Odisha; Collector, Puri; and Superintendent of Police, Puri; and representatives of Daitapati Nijogs, it was decided that no one except the Sevaks and others connected only with the Seva Puja will be allowed to climb the holy chariots on three days i.e. on the day of Ratha Yatra, Bahuda and Suna Besha.

However, on the other days the existing practice may continue. The decision was taken keeping in view the security, safety and convenience of the pilgrims /devotees and the administration of police arrangements.

 8. The question for consideration is whether the State Government is justified in practically reversing the decision of the Managing Committee of the Temple to go by the opinion of HH Shankarcharya while considering the issue of its implementation.

9. Learned counsel for the petitioner referring to the averments in the petition and provisions of the Act submitted that issue of religious rituals is the statutory duty of the Managing Committee as per Section 15 of the Act and the State Government cannot substitute its views on the subject of religious rituals.

Power of the State extends only to secular functions and not to religious rituals. It was submitted that the rituals are recorded in the record of rights which have been notified in the Official Gazette dated 14.10.1955 and 3.9.1956 vide Law Department’s Notifications No. 5660-JTA-3/55-JTA dated 12.10.1955 and No. 5039-JTA-3/55-JTA dated 23.08.1956 respectively.

Prior to the said Act, the management of the Temple was vested in Gajapati Kings. Thereafter, the management of the temple affairs vested in the Managing Committee of which Raja of Puri was designated as Chairman and an Administrator was appointed by the State Government to function as the Secretary of the Managing Committee.
The constitutional validity of the Act was dealt in a judgment of this Court in Ram Chandra Deb Vs. The State of Orissa, AIR 1959 ORI 5, which was upheld by the Hon’ble Supreme Court in Raja Bira Kishore Deb, hereditary Superintendent Jagannath Temple, P. O. and District Puri Vs. The State of Orissa, reported in AIR 1964 SC -5- 1501.

The Hon’ble Court observed that the Act provided only for the management of the Temple’s secular affairs and did not interfere with its religious affairs which had to be performed as per the Record-of-Rights. The Record-of-Rights covers the rituals associated with the Rath Yatra, which is an annual affair.

10. Learned counsel for the Temple Administration submitted that the stand of the Managing Committee is reflected in the letter dated 11.11.2013 which is reproduced below:

“The Managing Committee of Shri Jagannath Temple, Puri was seized of the issue of devotees climbing on to the holy Chariots during the renowned Rath Yatra and this being a religious matter had elicited opinion of Sri Shankaracharya of Puri as to who is authorized and who is not to climb the Chariots and have darshan and touch the Lords in the Chariots. There were some unfortunate incidents of complaints of misbehaviour meted out to few devotees during the celebrations in 2011 and 2012. Morevoer, with ever increasing number of devotees year after year, security risk persists while allowing devotees on to the Chariots.

“Jagadguru Sri Shankaracharya of Gobardhan Pitha, Puri has finally communicated his decision in the matter and has opined that “none other than the Sevaks (who perform rituals or seva-puja over the Chariots during Ratha Yatra), the Shankarcharya and the Gajapati Maharaja are only authorized to climb on to the Chariots and the devotees should have darshan from the Badadanda without climbing on to the Chariots”.

“The concluding part of the opinion of the Shankarcharya is enclosed for your ready reference. The Managing Committee in its meeting held on 7th November, 2013 in principle accepted the recommendations of Jagadguru Sri Shankarcharya and constituted a sub-Committee under the Chairmanship of Chief Administrator, SJTA with Collector, Puri, Superintendent of Police, Puri; Endowment Commissioner, Odisha; Additional Secretary, Law Department, Government of Odisha and the Administration (Niti), SJTA as its convener to suggest modalities for implementation of such recommendations by Sri Shankaracharya.

“Implementation of the above suggestion of Sri Sankaracharya, no doubt, needs coordination of various stakeholders and demands various administrative and Law & order arrangements.

“Bringing consensus from the Sevayat community will also be a daunting challenge before the SJTA as few Sevayat groups namely, Daitapati Nijog has openly opposed the move. We in the SJTA are ready to whatever best is possible to ensure a smooth Chariot Festival with maintenance of law & order. With the above backdrop, I request you to kindly place the matter before Government, convene a High Level Meeting to discuss on the issue and guide the SJTA for implementation of the above decision of Jagadguru Sri Shankaracharya.”

11. It is submitted that the help of the State Government has been sought only for implementation of the decision based on the opinion of the HH Shankaracharya, Puri and not the issue of religious rituals.

12. Learned Advocate General fairly stated that the State Government did not intend to interfere on the issue of religious rituals but was only concerned with law and order situation and smooth handling of the event without interfering with the decision of the Managing Committee on the issue of rituals in any manner. He pointed out that the Managing Committee had the duty not only to arrange for performance of rituals but also to provide facilities for proper performance of worship by the pilgrims.

13. In view of the above submission by the learned counsel, nothing remains to be decided by this Court, notwithstanding the stand of the State Government which is in conflict with the opinion of the HH Shankaracharya, Puri and the decision of the Managing Committee as reflected in the letter dated 11.11.2013.
The stand of the learned Advocate General is that the concern of the State Government is only to maintain law and order and not to interfere with the religious rituals. Once it is so, the stand of the Managing Committee to go by the opinion of the HH Shankaracharya, Puri has to prevail as far as rituals during the car festival are concerned.

Any contrary opinion of the State Government will obviously be in-operative. The State Government may however perform its duty of maintaining law and order and providing all necessary assistance for smooth conduct of the Car festival in accordance with the decision of the Managing Committee on the issue of rituals which is based on opinion of HH Shankaracharya, Puri and correctness of which is neither subject matter for consideration of State Government nor before this Court.

14. The petition is disposed of accordingly.
A.K.Goel, Chief .Justice, Odisha High Court  Dr A.K.Rath, Judge, Odisha High Court

As we support the idea of keeping away the deity from being touched by anybody on the chariot, we strongly oppose to the Shankaracharya riding on the chariot, as thereby Hindu hegemony would completely engulf SriJagannatha, who was created by Indrabhuti with the sole purpose to save the people from Hindu hegemony which divides the people on caste basis and aims at keeping people bound to the belief in fate so that the system of exploitation goes on unhindered, to the advantage of upper-caste Hindus and their patrons.

We have been, and we will discuss why Shankaracharya has no real affinity with what SriJagannath stands for.

People should not be fleeced for the chit fund depositors

Subhas Chandra Pattanayak

When a government creates a corpus fund for a specific purpose, the money deposited in the said fund does not come from the pocket of the head of that government. It comes from the State Exchequer.

Chit Fund operators in Orissa have allegedly cheated several lakhs of people, touted to be of 40 lakhs families whose monetary loss is claimed to be of the tune of Rs. 60,000 crores, though in this “scam”, the exact number of duped depositors and the money involved has not yet been authentically determined.

There is reason to suspect that many high-positioned persons including politicians, bureaucrats and judges were operating the chit funds through their frontmen, which, otherwise, could not have become so monstrous.

As the so-called duped depositors started filing FIRs against the cheating and the police smelled the enormity of the offense, Chief Minister Naveen Patnaik attempted to lessen the wrath of the depositors by pronouncing a corpus fund for payment of their dues, just in order to keep the climate congenial to his interest in election.

The declaration of the Chief Minister, basically a stunt as it was to keep the so-called duped depositors somewhat assuaged before election-2014, the proposed corpus fund has not yet materialized. The budget placed before the Assembly is entirely silent on this score.

As a sentinel of Orissa’s interest, we strongly oppose the proposal to create a corpus fund to refund the money deposited in the chit funds by the so-called duped depositors.

There are branches of nationalized banks and official organs all over Orissa that offer many saving schemes with assured interest. The so-called duped depositors could not have been duped had they preferred their deposits in such saving schemes. Their avarice led them into the trap of chit funds and deposit of their money in chit funds was an offense against the State inasmuch as the deposit in chit funds denied flow of funds to the State coffers.

Notwithstanding the size of deposits in chit funds, every such deposit was contributive to black money. And the same cannot be encouraged by the State with assured refund of their money avariciously stashed in black money coffers.

Depositing in chit funds was not made with State approval and hence, State should have no financial liability in misappropriation of the said deposits by the chit fund operators.

The State has only one role to play in this matter. That is, investigation into allegation of cheating and prosecution against the chit fund operators if the allegations are prima facie convincing. Beyond this, the State must not take any step.

The chit fund depositors must be held as willful allies of black money syndicate and for their benefit, the people of Orissa must not be fleeced by the Chief Minister through his proposed corpus fund as every pie to be used in that fund would come from the money of the tax-payers.

Orissa Budget offers more than half to Non-Plan Programs

Out of Rs. 80,139.58 crores proposed in Budget 2014-15, more than half, estimated at Rs. 40,711.01 crores would be non-plan expenditure.

The Budget presented on June 17 to Orissa Assembly by Finance Minister P.K.Amat is higher than the last year’s by 33%, though projected as a revenue surplus budget. Compared to Rs.Rs.1951.49 crore in 2013-14, the present budget is pregnant with a surplus of Rs.4265.55 crores, according to Sri Amat.

Yet, the budget projects a fiscal deficit of Rs. 9696.83 crores, which is claimed to be within the limit laid down under the Fiscal Responsibility & Budget Management Act. It is of an estimated deficit of 2.98% of the GSDP as against 3% set as the highest limit under the Act, he said.

Consumers of liquor and users of vehicles will be taxed to fetch revenue to meet the expenditure. The rate of tax would be hiked to 25% from 20% whereas the tax for petrol and diesel would increase from 18% to 20%. Total revenue receipt estimated is Rs. 67,146.96 crores whereas recovery of loans and advances may assure Rs. 240.29 crores and receipt from other sources including burrowing would be Rs. 12,752.32 crores making a surplus of Rs. 4265.55 crores, the minister told the House.

Plan outlay for 2014-15 is spelt out to be Rs. 40,810 crores including Rs. 38,810 crore for government sector and Rs.2000 crores for Public Sector Undertakings.

However, after squandering away State’s assets for industries – more exploitive than beneficial – Naveen Patnaik’s fourth term launches a separate budget for agriculture shaped up with Rs.2727.99 crores in its plan and non-plan areas, though the scheme of ‘one rupee per kg rice’ that has precipitated ruin of agriculture by negatively encouraging lethargy in agricultural working class all over the State, has a budgetary provision of Rs.1327.16 crores.