SC Orders CBI Probe Into Orissa Olympic Association Encroaching Upon Govt Land [Read Judgment]
There is something rotten in the management of the affairs in fiscal aspects, the bench said.
The Supreme Court has found that the Orissa Olympic Association (OOA) has encroached upon the property of the state government.
The court observed that a piece of land, on which 23 shops were constructed and rented out by the OOA, belonged to the state government and a ‘Kalyan Mandap’ was built on government land and a portion of it on the leasehold area of the association.
A bench comprising Justice Dipak Misra and Justice Praffula C Pant directed the District Collector, Cuttack, to take over possession of the 23 shops and the ‘Kalyan Mandap’ so built, encroaching the government land. “No tenant or anyone shall be entitled to institute any litigation in any manner in respect of the said property involved in this appeal that has arisen from T.S. No. 312 of 1991 instituted in the Court of Additional Civil Judge, Senior Division, Cuttack,” the bench said.
The court refused to direct demolition of Kalyan Mandap, observing that it has been functional for over two decades and there is no justification to direct its demolition.
It also directed the Central Bureau of Investigation to investigate into the matter, keeping in view the report of the Accountant General and other aspects that pertain to the shops and the Kalyan Mandap.
With respect to allegation of conflict of interest about the induction of the son-in-law of the OOA secretary as a partner in firm M/s Incon Associates that has entered into agreement with the association, the Court said: “It does not require Solomon’s wisdom or, for that matter, the wisdom of an adjudicator as described in “Tripitak” to understand that there is conflict of interest.”
“As the conflict of interest is obvious and the Secretary, who is accountable to the public, has failed to conduct himself as required under the law, he is debarred from contesting for any post in the association,” the court said.
Read the Judgment here.