KACHCHA CHITTHA STORY 3
Land Disappears in Mod(i)el State
& the Biggest Security Fraud
All DOCUMENTS PERTAINING TO THIS STORY ARE AVAILABLE AT:
Adani Group was given 2008.41 hectare reserve forest land, which falls in Mundra and Dhrub villages in the Kutch east forest division, for Solar Salt Project & Salt Washery Plant on the condition that it would make compensatory afforestation over equivalent non-forest land and to bear the cost of raising and maintaining compensatory afforestation.
The officers of the state of Gujarat in connivance with the Adani Group made false declarations “amounting to fraud” with regards to the compensatory afforestation land in Kutch. Here is the story:
An application was submitted by Adani Chemicals Ltd. for allotment of the land measuring 2800 hector situated at Mundra and Dhrab which were forest lands and were being used by Forest Department.
In lieu of land demanded by Adani Chemicals Ltd., said company was required to acquire private land for transferring to the Forest Department, however, due to his political influence and proximity to the CM, Adani was offered to acquire Government land instead of purchasing private land for transfer to the Forest Department for compensatory afforestation.
In pursuance thereof, it was decided by the Government to allot unsurveyed (without any survey number) land measuring Hector 2008.41 out of coastal area of villages Kaner, Sinapar of Taluka Lakhpata, for the purpose of transferring by them to the Forest Department for compensatory afforestation. Such government lands cannot be allotted or in fact allotted to private firms under the scheme of compensatory afforestation. Private companies have to acquire it at their own cost and required to be handed over to the Government (Forest Department). In this case, contrary to the provision of the Government scheme, it was decided to grant Government land which amounts to illegality which has caused huge loss to the Government.
Further, as per Government scheme, first the land is to be given to the Government by the company and thereafter, Forest Department’s land is transferred to the company. The Forest Department handed over their land to Adani Chemicals Ltd. as per possession receipt dated 22.10.2007 before the company handed land for afforestation to the Government.
Vide his letter dated 19-9-2007, the Collector, Kutch permitted allotment of land of village Kaner, Sinapar to Adani Chemicals for a total value of Rs.1,90,79,895.00 and thereafter, informed Adani Chemicals Ltd. to deposit amount of Rs.2,47,43,611.00 as per value determined by the Valuation Committee. Measurement of this land was undertaken by the DILR and map of land allotted was prepared on site. Copy of this map is attached.
On behalf of the DILR, the surveyors who carried out measurement as per this map are – (1) Mr.D.S.Patel, (2) Mr.C.N. Rathod and Mr.P.L.Parmar, Deputy Conservator of Forest was there on behalf of Forest Department. Further, it appears from the map that the process of measurement of the site was carried out on 3rd, 11th and 15th of October 2007 as per the map and it proves from the map that the land shown in this map is allotted to Adani Chemicals Ltd. i.e. to say, the Government has also accepted this map and process of taking over possession was followed on the basis of this map. Thus, this map is part of Government record.
The area which is measured, is in possession of BSF and access to the site of this land is not possible without boat and permission from BSF. Thus, this land forms part of boarder of the country hence it has significance from safety point of view and is very sensitive and therefore, it has its own importance as such. Access to this place is restricted for common citizens.
As per Government rules, the surveyor of DILR office has to maintain daily diary (field book) in respect of work attended by him as a part of his duty and he has to record in it the daily work attended by him. Field Book of Surveyors Mr.D.S.Patel, Mr.C.N. Rathod and Mr.P.L.Parmar who conducted measurement of this map, entire process of preparation of this map has revealed as a part of criminal conspiracy, facts whereof are as under:-
- As per Field Book of Mr.D.S. Patel, it has been recorded that he had been to the site for initiating process of measurement of Kaner, Sinapar on 3/10/2007, 4/10/07 and 5/10/07, 11/10/07, 15/10/2007 and in the remarks column, he states to have carried out this work along with Mr.C.N.Rathod on 4,11 & 15/10/07. Thus, this entire process was carried out jointly by both of them. Now, if we peruse diary of Mr.C.N.Rathod, it reveals that he undertook work on 4 /10/07 at Angiya Nana. Thus, one thing is very clear that he was not present there. Thus, false book has been created by Mr.D.S.Patel and he has reported his work to the Government on the basis of same.
- According to field book of Mr.P.L. Parmar, he had been there on 3/10/2007 for taking measurements, however, returned back since permission was not granted by the BSF. Thus, it is clear that no measurement was carried out on the site on that date. Thus, the government work of preparation of map of the site of land which is sensitive for security of country, is conducted without any physical inspection and on the basis of false records, which is a serious offence.
- As per daily diary of Mr.C.N. Rathod, he was reportedly accompanying Mr.D.S.Patel in measurement process from 15/10/2007 to 17/10/2007 whereas daily diary of D.S. Patel shows that they were together only on 15/10/07. Thus, both of them have declared false reports before the Government in respect of their work.
Further, when information was sought under the Right to Information Act with respect to the boat used in such work, it has been clearly informed that no such information is available. Further, when information pertaining to application seeking permission from BSF for carrying out this measurement and grant of any such permission was demanded, it has been informed that no evidences in this regard are available. Thus, the fact that the Surveyors did not visit the local site becomes clear. Thus, the map which is prepared is apparently false, however, all the officers and Government have also accepted that this map is true as it is signed by them and stamped.
Further, a Panchnama has been drawn in respect of possession of the place on 22.10.2007; according to that possession receipt, possession appears to have been taken over at the site wherein there is mention about presence of Circle Officer, Dayapar; representative of Forest department and representative of Adani SEZ whereas, on perusal of diary of Mr.P.L. Parmar, he declares that this process was completed while sitting in office of the Mamlatdar and looking at the diary of other Forest department employees who took over possession, they also reveal that the procedure was completed while sitting at their office at Dhaduli. No possession of land has been handed over at the site to Forest Department, still, however, it has been accepted by the Government and the Forest Department that the land is received by them. The transfer order clearly says that they looked at the land from a distance.
Adani Chemicals Ltd. and officers of DILR and Forest Department, acted in connivance with each other and beyond the law and committed fraudulent process contrary to the record and have declared such an act to be true and got them entered to the Government records and have thereby committed grave criminal offence and offence of treachery by playing with safety of India as a country and have thereby, exposed the nation to a threat.
After high court’s order in April 2011, Union Ministry of Environment and Forests constituted a committee of experts headed by J C Kala to undertake physical verification of the site in question and to furnish an expert opinion on the issue pertaining to the forest and wildlife. Kala is a former director general of forests and special secretary in the UMEF. Kamal Naydu and A S Dogra were the other members of the team.
The committee visited the site in August 2011 but could not carry out verification due to rough sea weather.
On February 2, 2012, the committee again visited the location; the government officials fraudulently showed them another chunk of land. The committee stated in its report that after crossing 10 nautical miles from Koteshwar towards North, the committee landed on a vast stretch of land with sparse growth of mangrove trees.
The officers of the state government showed a land situated 10 nautical miles from Koteshwar towards North (Land C on the Map pasted below) instead of a land admeasuring 2008.41 hectares (land B) to the expert committee. This amounted to making false declaration and committing forgery in the government records.
It is important to note that before this wrong site was shown to the expert committee the Gujarat Govt Revenue Minister Anandiben Patel visited and inspected this land to be shown to the expert team.
There is a distance of 20-25 km from land B to land C. The land shown to the committee is in the form of an island named Basta Island. The officer of the state transferred land B to the forest department as a compensatory afforestation land situated on the North of Kaner and Shinapar villages.
Land B is reflected in the government records but the said land is a sea area (there is no land) entirely covered by the sea water. Therefore, there was no question of doing any plantation activity on the said land but the officers showed land C which is an island at a different location than land B to the expert panel. The whole process of making the false map and handing over the land in lieu of the forest land for was done for Land B
It is also important to note that the forest land had a fairly big area which had dense vegetation and also animals but it was underplayed so that land could be given away. Documents enclosed.
The Security Fraud & Threat
As has already been established the area given to Adani for compensatory afforestation is actually sea water and no land but what is most shocking that this sea area is the most sensitive area from the country’ security point of view and it is under the control of the Border Security Force.
Collector Kutch on 12.6.2000 wide Ref no No.JMN-4-Vashi-1877/1878/1879/
Adani Port Ltd. demanded about 28—hectors of Forest Land of Eastern Region for various use by Adani Group of companies which land is of Lakhpat taluka. The land on coastal belt between Lakhpat village to Dhunay village which are suitable for plantation of mangroves was demanded for transferring same to Forest Department for compensatory afforestation. In this regard, official proposal was prepared and forwarded to the collector’s office by the Deputy Collector.
This land was also under BSF but on land along the coast (map enclosed) and BSF issued a NOC for transferring of this land of 57.75 hectares wide letter No.OPS-163/BN/NOC/01/98-99 dated 16-8-98 from the Commandant, 166 BSF Battalion, Gandhidham-Kutch.
Now the most interesting and shocking part – when the whole deal was being done to transfer the sea area 2008.1 hectare to Adani for compensatory afforestation the questions arose about the NOC from BSF as it is a highly sensitive area.
In a letter No. Land/5/Udyog/Vashi/60-61/2006 dated 13/01/2006 to Deputy Secretary, Revenue Dept, A_1 Branch Gandhinagar the Kucth collector is replying to queries about the NOC from BSF. He has been asked to clarify if an NOC was issued dated 16/8/1998 he replies that the NOC was obtained on 26/12/2012.
Very cleverly both dates are mention- the 1998 NOC is for the 57.75 Hectare land and not this land of 2008.1 hectare, and 26/12/2012 NOC is for plantation of mangrove and not for transfer of land.
We have enclosed other letters from Forest Dept in the documents where constant questions are being asked by a few upright officers but all this is overlooked and without a NOC from BSF the order to transfer the land is passed by the collector.
Can there be a bigger fraud or threat to the security of the country? Will the CM answer? What are the reasons of favoring Adani even at the cost of India’s security?
Is it only money or other nefarious designs that the BJP PM candidate has undermining the security of the country?
|S NO||DOCUMENT||PAGE NO|
|copy of full agreement with Adani on lease of Forest Land I||1-50|
|2.||DAILY DIARY RECORDS OF|
|3.||2007 ORDER GIVING|
AS LAND TO ADANI
|4||2007 ORDER GIVING|
AS LAND TO ADANI IN GUJARATI
|5||2000 ORDER FOR 57.75 HECTARE|
FOREST LAND TO ADANI
|6||2000 ORDER FOR 57.75 HECTARE|
FOREST LAND TO ADANI IN GUJARATI
|7||OLD NOC FROM BSF WHICH WERE USED TO GIVE NEW SEA AREA TO ADANI||89-92|
|8||LETTER USING OLD NOC IN GUJARATI||93|
|9||IMPORTANT QUESTIONED ASKED BUT IGNORED||94-98|
|10||FOREST LAND GIVEN HAD|
RICH FAUNA AND FLORA
|11||PROMISES GIVEN NEVER FULFILLED||105-106|
LIST OF DOCUMENTS
KACHCHA CHITTHA 3