CID, Assam files chargesheet in Landmark Hotel lease case

Former BSA secretary had abused official position to give undue favour to private company

STAFF REPORTER

GUWAHATI: The Criminal Investigation Department (CID), Assam has filed a chargesheet in the Landmark Hotel case.

This Paltan Bazar PS Case No. 146/2022 was registered based on a complaint from the Secretary, Board of Sports of Assam (BSA). It was later transferred to CID Assam on June 16, 2022. The matter pertains to the lease of the Radha Gobinda Barua Guest House (RGBGH) in the sports complex at Ulubari, Guwahati. The Assam Cabinet in the year 2000, through a cabinet decision, decided to lease out the guest house, which is a prime property, to a private entity as the BSA was unable to run the guest house. Accordingly, the Cabinet approved a 20-year lease in the year 2000.

The lease was awarded to M/s Barua & Company Pvt Ltd whose director is Dipankar Barua. The agreement was to be signed between the then Secretary of BSA and the private party. Investigation revealed that instead of signing a lease deed for 20 years, as approved by the Cabinet, the then Secretary of BSA, Nityananda Barkakoty (now retired), had abused his official position and entered into a conspiracy with Dipankar Barua. They signed the lease deed by inserting a clause that after the initial 20 years, the lessee can extend the lease for another 20 years with the same terms and conditions. Clauses were also included that all renovation done by the lessee in the building shall have to be paid by the government whenever it wishes to take back the property at current market rates. These clauses were beyond the approved Cabinet decision.

Nityananda Barkakoty further signed a rectification deed that the lessee can mortgage the land and building for availing loans, but the Cabinet had never given any such approval. By using this rectification deed, Dipankar Barua mortgaged this property and availed loans from various banks to the tune of crores of rupees from time to time, even after the opening of the refurbished RGBGH as Landmark Hotel in 2002, and diverted the funds to run new businesses. There is still an outstanding of Rs 2.5 crore at Axis Bank.

Nityananda Barkakoty did not retain any office records and all the files pertaining to this matter are missing from the BSA office. CID meticulously investigated this 23-year-old matter by tracing the old Cabinet notes and relevant records from the Cabinet Cell, Assembly, Home, Sports and Youth Affairs departments and the banks. Since Nityananda Barkakoty had abused his official position and indulged in criminal misconduct by acting against public interest and giving undue favour to a private party, offences U/s 13(2) rlw 13(1)(d)(i) & (ii) of Prevention of Corruption Act 1988 were added and the FIR was transferred from the CJM Court to the Special Court.

After the completion of the investigation, prosecution sanctions u/s 197 CrPC and u/s 19(1)(b) of PC Act 1988 were obtained from the competent authority to prosecute Nityananda Barkakoty. A chargesheet u/s 120B/409/420/218/201 IPC & sec 13(2) rw 13(1)\d\ii) & 13(1)(d)i) of the Prevention of Corruption Act, 1988 for offences of criminal conspiracy, breach of trust, cheating, destruction of evidence, generating false reports and criminal misconduct was filed against Nityananda Barkakoty, ACS (retired), Dipankar Barua, Director, and also against the company, namely M/S Barua and Company Pvt. Ltd, along with 138 documents and by listing 57 witnesses before the Special Court, Guwahati.

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