Events very often speak for themselves. This makes any later attempts at whitewashing look more like motivated damage control.
Reliable sources indicate that the lists of unauthorised constructions, especially by builders, etc, and of the multiple allotments of houses/plots from “discretionary quota” are available with the Government, though the same may not be exhaustive ones. Both these maladies have been pointed out from 2011 by different authorities, including this CAG. Some Ministers surrendered some of their multiple allotments as early as July 2011. Around the same time, the “discretionary quota” in the Government and several instrumentalities of the State stood abolished without assigning any reason.
Matters relating to unauthorised constructions and unauthorised allotments of plots/houses continued to simmer, but no tangible remedial steps were taken. In May/June 2013 two years later, the CAG started disclosing authenticated details in his reports to the legislature. It is common knowledge that the CAG report to the legislature is the final outcome of a protracted process of interaction between the Government and the CAG. It is, therefore, reasonable to infer that at least from the middle of June 2011, the authorities in the State were aware of the existence and identification of these arbitrary and illegal cases. Around the middle of 2013, the Housing & Urban Development Department decided to review all “discretionary quota” allotments. The BDA issued show-cause notices to some of the families having multiple allotments of properties. The list of unauthorised constructions, which are liable for demolition, has been available with the BDA and other authorities. There has been directions from superior courts to ensure that law takes its own course, indicating that there should be no subversion of the inevitable legal consequences, viz., demolition and cancellation in the respective cases. But nothing improved in any tangible manner.
The BDA cancelled around two allotments and did not proceed further for demolition of the unauthorised constructions.
Now in July 2014, the CAG report and media disclosures brought forth stunning figures of allotment and acquisition by specific political leaders.
On August 2, 2014, the Government notified formation of a “Taskforce” to examine the “discretionary quota” allotments. Demolition of the unauthorised constructions by the mighty and the rich, including builders, remained conveniently ignored.
These factual details would indicate the extent of the Government’s sincerity and concern to take appropriate remedial measures and set things right without any avoidable delay! The average citizens are, therefore, entitled to look upon the entire exercise with reasonable suspicion. What has been neglected and avoided over three years is now sought to be further deferred out of public gaze while the “task” will remain hanging in the hands of the “force”. Notwithstanding all these, the deprived citizen expects a lot from the capable officers, who have been entrusted with a matter involving improper use of public power for subserving the cause of private enrichment and gains. Demolition of unauthorised constructions still stares at the citizens from greater heights and remains unattended to protect the wealthy and mighty, whose resources provide the foundation of these illegal structures.
Alongside, the politico-ponzi nexus in the chit fund scam is being gradually unfolded by the CBI in a systematic manner pursuant to the directions of the Supreme Court.
The latest raids, etc., relate to a company which was not subjected to investigations in the hands of the Crime Branch of the State police reportedly on the plea that there was no complaint against the particular company. But the revelations pursuant to the actions of the CBI indicate “new horizons” (Nabadiganta) relating to the particular company, which had known links with political leaders, including those from the ruling party.
It may be embarrassing for the Government if superior courts intervene, appoint investigating court commissioners and monitor the actions that are to follow in accordance with law.
An alert, sincere, prompt and effective Government would rather continue to take care of its own affairs indicating sufficient transparency and firmness than be subjected to the power of judicial review taking matters out of their jurisdiction, control and powers. The citizens are no more ignorant of the usual diversionary techniques and they expect quick, effective and purposive action in the hands of the Government, even if it involves some remedial surgeries in the ruling political structure. Any lethargy in this direction is bound to encourage the propensities of the conscious citizens to knock at the doors of the temple of justice for remedying public wrongs. This would not speak well of a stable and strong Government. Procrastination would be counterproductive and damaging to the image of the Government.
The days ahead will reveal the true characters of individuals and institutions. And this certainly concerns us.
(The writer, a Senior Advocate, is a former All India Service officer, a former diplomat, a former editor and a former Advocate General of Odisha. jayantdas@hotmail.com)