F.I.R – A True Story (Land Scam)

F.I.R – A True Story (Land Scam)
I remember that day of September 2009’, when Arsad Bhai telephoned me saying some Mumbai-kers wanted to meet me in some legal issue. I thought why they be at here. They took seat in my office half an hour later. They were in distressed condition. Niraj Singh along with his brother Anil Singh actually heard from somewhere that a small district namely Dhenkanal in the state of Odisa has more than 100 farmhouses of different kinds, all continuing from the foothill of Kapilas to Suagi (the emersion ground of Hindu) and around the foothill of Saptasajya as well. The person revealed before me that his father-in-law and his wife are having 300 acres-farmhouse at South Africa. But, after surveying the downtown and the countryside of Dhenkanal he admitted that he had never seen such a peaceful punched with beauty, a city like Dhenkanal. He opted to settle here and had thought of starting vegetable farming here.
He had his agro-based export business at Mumbai. He uses to come to Bhubaneswar in connection with his business and stay for sometime since his mother is serving there.
During the end of July 2007’ Niraj made a visit to Dhenkanal alongwith his brother Mr. Anil Singh. One Ashok, a grocery shopkeeper near Mahisapat Chhack informed us that one Sri Suresh Chandra Biswal, R.I, Agricultural Training Centre, Mahisapat was having wide acquaintance with different persons and that he had better knowledge and experience regarding availability of patches of land in Dhenkanal. Coincidentally Niraj & his brother came across with Sri Biswal, who after knowing the purpose of their visit assured them to arrange good patches of land in the nearby area. Suresh took them to village Gajamara and showed them a patched of land admeasuring around 26 acres lying adjacent to the agricultural farm of Mr. Priyabratta Pattanaik, IAS. Suresh told them that he along with his some other friends namely one Sri Muna Pattanaik, son of an Ex-A.D.M, Kunjakanta, Dhenkanal, Chittan Rout of bypass Chhack and Pintu Panda of Dakhinakali, who deal with land matters very well know the land owners and they can persuade them for selling the patch of land to Niraj. Suresh being an Agricultural Department, R.I, in good faith Niraj believed his version and requested him to contact the landowners for discussion and get the Encumbrance Certificate (a search at District Sub-Registrar Office regarding previous history of the land) and other documents relating to title etc for verification. He needed some time and asked for advancing Rs.5,000/- for doing the initial work. Niraj paid him Rs.5,000/- for the same.
Niraj & his brother came to Dhenkanal on 29.08.2007 and when mate Suresh, he asked for a sum of Rs.20,000/- for ensuring the deal on the plea that the landowners though related to each other were staying then in different places such as Dasarajpur, Chandikhol and Sonpur respectively. Being new to the place, Niraj & his brother didn’t have any idea about the men and the matter. Believing his version Niraj paid him Rs.20,000/- through A/c payee cheque and asked him to expedite the matter.
During September 2007’ when Niraj contacted Suresh Biswal, he told him (Niraj) that he and his friends had already talked to the landowners and that they were ready to sell the land. While informing Niraj that he has finalized the rate of land cost at around Rs.35,000/- per acre through negotiation he asked Niraj an extra amount of Rs.2,000/- per acre in the minimum as commission from out of which he would give to his friends, who were helping him in negotiation. He requested Niraj to release the entire amount before hand in cash as per the choice of the landowners. When however Niraj bluntly refused to release any amount without seeing the landowners and verifying the title deeds and identities etc, he assured Niraj to bring the landowners and furnish all related original documents during Puja Holidays positively. After contacting him both the Singh Brothers came to Dhenkanal just before Laxmi Puja. Suresh brought two persons, one lady, namely, Hemalata Sahoo, and a gent, namely, Debendra Kumar Sahoo, and introduced them as the land owners to Niraj. On Niraj’s query they expressed their desire to sell the land to him as per negotiation made with Suresh and his friends. When Niraj asked for their Voter Identity Card, Suresh replied that all those documents were with Muna Pattanaik and that they would produce all the documents including Identity Cards by 26th October 2007’.
Niraj along with his brother Anil reached Dhenkanal on 24th October and stayed in Panthanivas. On 25th October Suresh along with three gentlemen came to them. Suresh gave their identity to Niraj. They were Muna Pattanaik, Chittan Rout and Mantu Panda. Muna Pattanaik introduced himself as the key man to convince the landowners for the deal and at their behest only they agreed to sell the land. Chittan Rout said to be the co-villager of the landowners belonging to Dasarajpur, Chandikhol. All of them assured to complete the registration on the next day. On 26th October morning Suresh, Muna and Chittan came to Niraj along with the landowners and two other persons. Muna & Suresh showed the Voter Identity Cards, Title Deeds, E.C etc to Niraj. After verifying the Voter Identity Cards, the original R.O.Rs and E.C etc there was nothing for Singh Brothers to disbelieve the same. But, since Niraj had heard from Suresh that two persons of Saptasajya were looking after the land on behalf of the landowners, to avoid eventual future trouble, he insisted those two persons should witness the execution of the sale deeds by the landowners. Suresh and Muna readily agreed to bring them and accordingly, they brought one Pankaj@Kabir Swain, and Abani Sahoo of Saptyasajya, Dhenkanal, who disclosed that they were looking after the land on behalf of the landowners Debendra and Hemalata.
As per the request of Muna, Suresh and the said landowners the total amount of Rs.9,64,080/- negotiated as above was paid i.e Rs.5,40,700/- for the lands of Hemalata Sahoo and Rs.3,65,760/- for the lands of Debendra Sahoo. In the Registration Office, Dhenkanal. Suresh, Muna along with the landowners asked Niraj to pay Rs.77,000/- to one Mr. Antaryami Roul for purchasing of stamps. Two sale deeds were accordingly executed. Land admeasuring A10.16dec under Hal Khata No.8/173 was sold by Debendra Kumar Sahoo through Regd. Deed of Sale bearing No.4421 dtd.26.10.2007 for a consideration of Rs.2,54,000/- and A15.02dec of land under Hal Khata No.8/171 & 8/170 were sold by Hemalata Sahoo through valid Regd. Sale Deed on 26.10.2007 for a consideration of Rs.3,75,500/-. Since it was interalia agreed that apart from the land costs the commission and other incidental expenditures were huge, the two landowners were to give separate money receipts through agreements, which they had actually received other than the land costs as reflected in the sale deeds. The said landowners accordingly executed two agreements showing receipt of actual amount of Rs.9,64,080/- from Niraj.
Roul and Suresh Biswal assured Niraj to help for obtaining Patta after getting the Sale Deed. Roul took Rs.2,500/- on 18.02.2008 for applying for Mutation of those land before the Tahasildar, Dhenkanal. Though Roul and Suresh assured Niraj to get the Patta within 2 ½ months, it lingered upto June. Roul finally had told to hand over the Patta on 09.06.2008, but again on 11.06.2008 he said that since somebody has made objection in the Mutation Cases the mutation could not be done.
Niraj got shocked and personally went to Tahasil Office to enquire the matter and learnt that an objection has been filed challenging the authenticity of such sale, for which mutation could not have been effected. When Niraj asked Suresh he tried to avoid him saying that it was none of his business. Muna, Chittan, Pintu and all others who were also present similarly avoided. Pankaj and Abani, who witnessed the execution of the sale deeds when asked maintained that the landowners, namely Debendra Kumar Sahoo & Hemalata Sahoo were present on the date of execution of the sale deeds at Sub-Registrar Office.
But surprisingly, a person claiming himself to be Debendra Sahoo was giving Niraj different types of threatening and asserting that he and his sister-in-law are the real landowners and that they have not sold the lands.
After making all bonafide enquiry, verifying all the original documents and believing the versions of all the persons involved in the matter of execution of sale deeds Niraj in all good faith had purchased the lands and after taking delivery of possession of the purchased lands from the landowners in presence of the persons those who were looking after the lands, Niraj was peacefully owning and possessing the same without any obstructions from any quarter and in all good faith Niraj had invested a further sum of Rs.8,00,000/- for developing the lands. In the meantime also Niraj has purchased another piece of adjacent land from Mr. Sanjay Mohanty, a reputed advocate of Dhenkanal. But because of the anonymous phone calls and the objections as made in the mutation proceedings and from the modus operandi of the persons, who brought the landowners for execution of sale deeds and all those who participated in the matter, Niraj apprehend that he has been cheated and made victim of a deliberate conspiracy.
Niraj also strongly doubt that Suresh, Muna, Chittan, Pintu and the landowners, Debendra Sahoo & Hemalata Sahoo and all others those who participated in the execution of the sale deeds actively connived with each other to prepare false documents like Voter Identity Cards of two fictitious persons intending to be believed that the documents were of the actual persons, have made forgery to deceive him for their illegal gain. The stamp vendor alongwith other fellowmen have also committed forgery of valuable security like Regd. Sale deeds by giving authority to fictitious persons to transfer the property to receive huge money from Niraj. They have all made forgery of all those documents intending therein that the same shall be used for the purpose of cheating and defrauding Niraj.
From the anonymous phone calls, Niraj apprehends the culprits have become united to kill him and they have targeted him and his brother to blow up along with their vehicle. Their lives and properties are at stake.
Niraj therefore, lodged an F.I.R requesting the concerned police to make thorough probe to find out the real culprits and to proceed them as per law and extend kind protection to their lives and properties. (The matter is pending with registration of a Criminal Case at the local court. The offences committed attributable under Sec.420, 467, 468, 471, 506, 120-B of I.P.C)
What a shame; we the Dhenkanal-ites still believed to be carrying & spreading innocence wherever we go. A person leaving Mumbai, South Africa etc came to us. Gave golden opportunity of employment and self-employment at Gajamara, Saptasajya, Dhenkanal. Spent Rs.18,00,000/- there for farming. Assured the local people guaranteed earning and was ultimately found to have been deceived by us. We must recall the sense of Baji Rout and hospitality & affection of Bhima Bhoi. Anyway, it is high time, we must insert rectifying thoughts to our mind. I believe, we shall overcome. We are really very sorry Niraj !!!!!!!!

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LAW, a socio-professional field

My father, a socio-professional, started his legal profession at the small town of Dhenkanal under Dhenkanal Judgship Dhenkanal and is continuing thereat since last 40 + years. (The story of his success, I must tell in my next episode) When I was defeated in Medical Entrance Exam of Odisa in the year 1992 scoring less of 7 marks for eligibility, I asked my father to lunch a prosecution against Govt., as there was information of manipulation of marks and leaking of question papers in Cuttack. Some meritorious skipped to get the entrance. It was for me, that I had lost the kite one foot far of reach, which was blocked by an electric pole. Orissa Govt. thought of to start the new way of entrance exam by introducing the E & M Entrance Examination. MY father laughed at me saying “you have to take your chance next year, no case-face”. My sweet dream of being a Nero-surgeon dropped there. I took my father in a negative way. I continued my study in Zoology and passed the +3. My Dadei (eldest brother of my father) advised me to prepare for the entrance of Journalism & Mass Communication. I had something in my mind. I decided to do Law (LL.B). I passed it in semi-odiya style. (This hint is only accessible and be understood by my Odiya friends). Now I have successfully completed 11 + years of practice in the same native station i.e. at my father’s workplace.
I love the laws and it applications. Environmental Law in India and its applications in the country are two separate issues, which are to be watched out. Some days prior to my opening the account in wordpress, I saw an article in the net that my neighbor city Talcher (a Sub-division of Angul District, Orissa) is the 2nd highest Pollution Prone City in Asia. It didn’t surprise me. I have gone Talcher several times. A visionary or a poet can describe better to reach the heart of the people the worst scenario of such a polluting area. Orissa Govt. under the Forest and Environment Department has created the State Pollution Control Board and has declared the area of Talcher and Dhenkanal as Pollution Control Area in the year 1998. The industrialization and the changing scenarios of Dhenkanal and Angul have pushed them in the back of their feet. The lethargic administration and its wings in shape of sluggish Block Level movements have no ideas as to what has developed on the sky of these two districts. A thorough probe must prove that some of the industrial sectors that are posing significant environmental and occupational health risks to populations in those areas. Clearly, disease control measures for people working in or living around a smelter may be quite different from those for people living near a tannery or a brewery. Epidemiological analysis is needed to quantify the health impact in an exposed population. The major pollutants emitted by combustion have all been associated with increased respiratory and cardiovascular morbidity and mortality. The most famous disease outbreak of this type occurred in London in 1952, when 4,000 people died prematurely in a single week because of severe air pollution, followed by another 8,000 deaths during the next few months. (sources-internet study). Dhenkanal, may lose its identity for its bad name for causing the second highest mortality rate due to Malaria. There is another unicellular organism rapidly developing inside this district, known as Crusher, which is the most dangerous parasite found in the most sophisticated brain of human being. Human being is the host and the most dangerous things I must submit here that the host is the creator of this parasite. The dangerous move of industrialization has never any stipulation of ending the things. In comparison to 12 to 15 Crushers during the 80’s now around 500 crushers (legally & illegally) have spread their wings through their respective hosts causing & spreading the deadly n’ dangerous dust to the open air of Dhenkanal. While discussing with Dr. Ajaya Kumar Nanda, a retired Child Specialist, and a doctor of all kind, (his phone No.06762 223393 you can ask) he revealed that around 25 % of the children in this area found suffering from silicosis or its related diseases like RTI etc. The rate, he disclosed, is increasing in geometrical progression. Dr. Nanda, has all his agonies for the downtrodden who have no means to face such types of health hazards. Three days prior to, I came across a news paper that some staffs were caught hold of while selling Govt. Supplied Medicines at Dhenkanal Head Quarter Hospital. One can imagine the worst type scenario at this part of the world. Surprising thing is, the media, who exposed the culprits of misappropriation of medicines is simultaneously clouding the faults of some.
Our District Collector has recently ordered to close all 100 Crushers units, who were not having the Pollution Clearances. The Crushers are now closed. Inspecting Team, Flying Squads and Surprise-Check up Squads have all their greedy eyes on these units. But, the double dealers in the systems (Govt. Agencies) would better say that the units are still alive and wake up at nighttime after the patrolling squad doctoring the area.
I have decided and have already taken step to teach a lesion to such rule-breakers. I have lodged an Appeal before the Appellate Authority, Under Air pollution (Prevention and Control) Act, Parivesh Bhaban, Bhubaneswar against one culprit challenging its consent to operate order, who is carrying Crusher-Virus deviating and violating all rules & siting criterias formulated by the Govt. of Orissa. Such culprit has openly violated the rules of the State for which two villages are facing immense health hazards, inconveniences etc due to its existence in the nearby locality. Friends, lets join hands together to eradicate such virus from the mind of such errant people. We are the doctor of each other, who can apply each motivational skill to drive such virus out from ones mind. If you can do it in one given case in your entire lifetime, you will happy to know that you not being a specialist or a doctor, be able to save thousands of lives at a time.
Sibasai Mohapatra
Advocate. Dhenkanal

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