Resettlement Planning Document

Transcription

1 Resettlement Planning Document June 2012 Pakistan: Sindh Cities Improvement Investment Program (SCIP) Prepared by North Sindh Urban Services Corporation Limited for the Asian Development Bank.

2 PFR-2 Annex-11 Attachement-12 of 16 Resettlement Planning Document Updated Land Acquisition and Resettlement Plan for the Khairpur Sanitary Landfill June-2012 PAK: Sindh Cities Improvement Investment Program PREPARED BY RCC CONSULTANTS The Land Acquisition and Resettlement Plan for the Khairpur Sanitary Landfill is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

3 CONTENTS Page ABBREVIATIONS iii DEFINITION OF TERMS iv EXECUTIVE SUMMARY 1 I. Scope of Land Acquisition and Resettlement 2 II. Objectives, Policy Framework and Entitlements 3 III. Gender Impact and Mitigation Measures 3 IV. Information Dissemination, Consultation and Disclosure Requirements 4 V. Grievance Redress Mechanisms 4 VI. Compensation 5 VII. Institutional Framework 5 VIII. Resettlement Budget and Financing 6 IX. Monitoring and Evaluation 6 X. Implementation Schedule 7

4 iii ABBREVIATIONS ADB Asian Development Bank AP Affected person CAS Compulsory acquisition surcharge DO District Officer EA Executing Agency Facility Multitranche Financing Facility GoS Government of Sindh IA Implementing Agency LAA Land Acquisition Act LAC Land Acquisition Collector LAR Land Acquisition and Resettlement LARF Land Acquisition and Resettlement Framework LARP Land Acquisition and Resettlement Plan NSUSC North Sindh Urban Services Corporation P&DD Planning and Development Department PSU Program Support Unit SCIP Sindh Cities Improvement Investment Program TMA Taluka Municipal Administration CMO Chief Municipal Officer

5 iv DEFINITION OF TERMS Affected Household: All persons residing under one roof and eating from the same kitchen, who are adversely affected by the Investment Program, or any of its components; may consist of a single nuclear family or an extended family group Affected Persons (AP): Any person affected by loss of assets or income due to Investment Program-related changes in the use of land, water or other natural resources Compensation: Cash or in-kind payment of the replacement cost of an asset lost due to Investment Program-related impacts Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to APs, depending on the nature of their losses, to restore their economic and social base Income Restoration: Reestablishment of income sources and livelihoods of APs Involuntary Resettlement: Unavoidable resettlement losses as a consequence of development projects, compelling APs to rebuild their lives, incomes and asset bases elsewhere Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for compensation Rehabilitation: Compensatory measures provided under the ADB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets Relocation: The physical resettlement of an AP from her/his pre-program place of residence Replacement Cost: The value determined to be fair compensation for various types of agricultural and residential land, crops, trees, and other commodities based on current market rates; the cost of rebuilding houses and structures at current market prices of building materials and labor, without depreciation or deductions for salvaged building material Vulnerable Groups: Distinct group of people who may suffer disproportionately from resettlement effects

6 1 EXECUTIVE SUMMARY Site Ownership and Affected Persons: Land acquisition and resettlement (LAR) impacts in terms of fair compensation to the APs of this solid waste management investment are minimized by market value of the land and fair compensation to the APs. However this land U/S-11 (Award) has been declared as cultivated and found valuable because of near to the Road.This land has been acquired from 41 owners under the provisions of the Land Acquisition Act (LAA) of Site Location and Land Status: The Acres instead of 28.8 acres notified U/S-04 site acquired for the sanitary landfill is located in the Deh Chhar Jagir, Tapa Shadi Shaheed, and Taluka/Circle/District of Khairpur,Location Map along with Given coordinates is given in as Annexure- 1 (GIS Map/Location Plan). As per the Land Valuation Certificate (Annexure-iii) and Award U/S-11 (Annexure-ii) the land has been found as cultivated by its owners and is situated near road therefore land owners demanded that Market rate should be considered as demanded. There are no built structures; no livelihood activities are undertaken. Expected Gender Impact: An adverse differential impact by the landfill development on either the men or the women of the household is not expected. Any gender impact, if at all, would be insignificant. Consultation and Information Dissemination: The majority of Affected Persons (AP) household heads participated in a consultation meetings on Since 12 July 2008 till to date. The contents of the Land Acquisition and Resettlement Plan (LARP), Rate of the land per acre was also discussed. The APs are being briefed about this LARP in Sindhi. This will be available at the office of Taluka Municipal Administration (TMA)/Regional & Head office of NSUSC for public inspection. A Grievance Redress Mechanism has been stipulated in the LARP and was explained to the APs during the consultation meeting. Land Acquisition Process: The TMA Khairpur and NSUSC through the GoS has acquired acres of the land with compensation at the market rate and of PRs 500,000 per acre plus 15% compulsory acquisition surcharge (CAS), free of taxes, registration and transfer costs, amounting to PRs 575,000 per acre. The Collector of Khairpur District has notified Section 4 of the LAA on 12 July 2008, revised Notification U/S -4 Dated & Section-6 (Annexure-IV & V) and has passed Award under Section-11 on after full consultation with APS. Compensation to the APs has been fully paid, possession has been granted and land and has been transfered in the name of TMA Khairpur/NSUSC. Details of List of APs and Status of Payment are given as (Annexure-VII). A resettlement budget totaling PRs 1,63,80,000 including contingencies is provided. Monitoring requires the provision of documents demonstrating the conclusion of negotiations with the AP and payment of compensation. An implementation schedule indicates milestones within an approximate timeframe.

7 2 I. Scope of Land Acquisition and Resettlement 1. The objective of the Sindh Cities Improvement Investment Program (SCIP or the Investment Program) is to improve the quality, reliability and coverage of water supply, waste water and solid waste management (SWM) services by incentivizing and supporting effective management and sustainable financing of urban service providers. The Investment Program consists of four parts: (i) urban planning, institutional development and program management support, including implementation support through technical assistance for a Program Support Unit (PSU), an Urban Policy and Strategic Planning Unit, and urban services corporations (USCs); (ii) urban water supply and waste water management improvement with the construction and rehabilitation or extension of various related infrastructure facilities; (iii) SWM improvement with the provision of related infrastructure facilities, including four sanitary landfills under Tranche 1; and (iv) transition and operational support funding to USCs. SCIP is financed by the Asian Development Bank (ADB) through a Multitranche Financing Facility (the Facility), which includes several subprojects in each tranche. The first tranche provides investments in urban planning, institutional reforms and program implementation support, as well as water supply, wastewater and solid waste infrastructure in the urban areas of Sukkur, New Sukkur, Rohri, Khairpur, Larkana and Shikarpur. The first tranche supports operationalization of the North Sindh Urban Services Corporation (NSUSC). This short land acquisition and resettlement plan (LARP) has been prepared for the Khairpur Sanitary Landfill under the first tranche. 2. Land acquisition and resettlement (LAR) impacts in this SWM development are minimized by providing market rate and Fair Compensation to the APs. A total of 41 persons will be affected. 3. To assess the permanent impact of land acquisition for the construction of a sanitary landfill on 25.8 acres of private land, two site visits and walks at the affected land were undertaken and the related certified land revenue documents and Prepared GIS Map.The 25.8 acres site required for the sanitary landfill is located in the Deh Chhar Jagir, Tapa Shadi Shaheed, and Taluka/Circle/District of Khairpur. Details are given as Annexure- 1 (GIS Map/Location Plan). and registered with the Khairpur Revenue Department office as plots 303, 304, 305, 310, 617 and 619. The land belongs to 41 owners and has been declared as cultivated as per Award U/S-11. It has no built structures; no livelihood activities of any form are undertaken. Further detail is given in Award U/S-11 (Annexure-ii) and (Annexure- III).

8 3 Table 1: Affected Persons and Assets in the Khairpur Sanitary Landfill Development Item No. Households 13 a Persons 41 Male 41 Female 0 Vulnerable households 0 Acres 25.8 Agricultural land No. of owners 41 >10% productive income Acres 0 generating assets lost No. of owners/lessees 0 Residential land Acres 0 Structures No. 0 No. of persons 0 APs to be displaced No. of households 0 a Data for one household is missing due to the absence of the owner from the proposed sanitary landfill area. 4. According to the AP census and socio-economic sample survey carried out, the 13 AP households consist of 109 persons, 58 of which are males and 51 females; there are 26 male and 20 female children. The majority of the male owners sampled have some education (4 primary, 2 F.A., 1 B.A. and 1 none), while only one woman has primary education and the others none. All 13 heads of household and titled land owners are male. The households belong to the Lakho, Katohar and Shambani sub-castes of the Baluch caste. The main occupation of all APs is farming, while three of them are also in government service. The per capita per month incomes of the households range from PRs1,190 to PRs13,333 and there are no vulnerable households with monthly per capita incomes below the poverty line. All of the APs reported to own other productive farm land and, while losing in most cases more than 10 percent of their total agricultural land, none are losing productive farm land due to the long-term non-cultivation of the affected land. II. Objectives, Policy Framework and Entitlements 5. The objective of this LARP is to stipulate all relevant procedures and compensation entitlements for the acquisition of land under the Khairpur Sanitary Landfill, while safeguarding the livelihoods of APs. The Land Acquisition and Resettlement Framework (LARF) for SCIP determines all provisions of this LARP. The policy framework and entitlements for the Investment Program are based on the Land Acquisition Act (LAA) of 1894 and successive amendments as applicable to the Province of Sindh, the Sindh Katchi Abadi Act of 1987 and the ADB's Safeguard Policy 2009, as indicated in Section F of the LARF. This LARP has been prepared by the Government of Sindh (GoS). The compensation and rehabilitation entitlements of APs are set out in Section G of the LARF. III. Gender Impact and Mitigation Measures 6. The 41 owner households of the affected land (Annexure-VII) do not currently and for the past 6 years derive any income or other benefits supporting their livelihoods from the uncultivated land. Therefore, an adverse differential impact by the landfill development on either the men

9 4 or the women of the household is not to be expected and any gender impact, if at all, would be insignificant. IV. Information Dissemination, Consultation and Disclosure Requirements 7. This LARP was prepared/updated after consultation with stakeholders. APs were consulted by the LAR consultants to the Investment Program in a public consultation meeting in their Villages, Khairpur and in the office of District Commissioner and LAC Office. All the APs were invited in the office of LAC and LAC discussed with them the market price of the land and gets them in confidence. After all, All the APs are agreed as per the Market rate decided by the LAC on the basis of Mukhtiarkar Land valuation Report and full consultation with APs in the presence of representatives of acquiring agency i.e NSUSC/TMA. APs are agreed on this price and have signed Affidavits in the presence of LAC about their willingness to sell the land to the Acquiring Agency i.e. TMA/NSUSC. The details are given as Annexure-IV. All the relevant Stakeholders were present. They were informed about the proposed landfill development and intent to acquire their land by involuntary acquisition under the LAA. The owners stated their intention to sell the land at a market price and negotiated with LACTMA/NSUSC and GoS. The Collector of Khairpur District has notified Section 4 of the LAA on 12 July 2008 and revised Notification U/S -4 Dated (Annexure-III) and thus set the cut-off date for the proposed sanitary landfill site for The ownership records at the Revenue Department office in Khairpur were cross-checked and verified. 8. The Sindhi summary of this LARP is being sent to the APs, and is available at the NSUSC head office for inspection. The English version of the full LARP is on the ADB website. V. Grievance Redress Mechanisms 9. To address AP grievances about LARP implementation, a Grievance Committee has been established now. However, with careful observance of the provisions of the LARF and LARP by all stakeholders involved, grievances can be avoided. The APs were informed of the Grievance Redress Mechanism in various meetings and also letter showing nomination of members of this committee have has dispatched at their Correspondence Addresses. Table 2 sets out the successive steps of the grievance redress mechanism. Table 2: Grievance Redress Mechanism Step Responsible Actors to be addressed by Affected Persons (AP) Provisions 1 North Sindh Urban Services Corporation (NSUSC) Safeguards Cell Informal settlement within 10 days of lodging of complaint 2.a Grievance Committee Discussion, referral and resolution of complaint within 30 days 2.b Land Acquisition Collector (LAC) / District Officers (DO) Revenue at Khairpur Land and crop compensation related grievances 2.c NSUSC Safeguards Cell Grievances pertaining to all other types of assets 3.a Grievance Committee AP re-lodges complaint within 1 month of decision under step 2 with supporting documents; to be referred to NSUSC Management 3.b NSUSC Management Rules on re-lodged complaint within 21 days in accordance with LARF 4 Appropriate Court of Law In accordance with sections 18 to 22 of LAA (1894) 10. If necessary, the aggrieved AP will first address the Safeguards Cell of the NSUSC, whose officers will strive for an informal settlement within 10 days of lodging of the complaint. If the complaint cannot be settled, it will be referred to the Grievance Committee. Within 30 days the Committee will discuss the matter and refer land and crop compensation related grievances to the Land Acquisition Collector (LAC)/District Officers (DO) Revenue at Khairpur, or grievances pertaining to other types of assets and incomes to the NSUSC

10 Safeguards Cell, and obtain a resolution. If the complaint still remains unresolved, it can be re-lodged by the AP within one month of the LAC or Safeguards Cell decision with the Grievance Committee which refers it to the Management of NSUSC. The AP must produce all relevant documents supporting his claim. The Management of NSUSC will rule on the issue(s) within 21 days of its re-lodging with the Grievance Committee. The NSUSC decision must be in compliance with the provisions of the LARF. If the grievance redress mechanism fails to satisfy the aggrieved AP, he can submit the case to the appropriate court of law as set out in sections 18 to 22 of the LAA (1894) The Grievance Committee will comprise the Chief Muncipal officer/tma, Regional Specialist of PSU, LAR Specialist of NSUSC, Mukhtiarkar and Tapadar of the Khairpur Taluka and Shadi Shaheed Tapa, and an APs representative Respectively. VI. Compensation 12. Upon request by the Nazim of TMA Khairpur the LAC/DO Revenue invoked section -4 of the LAA and determined 12 July 2008 The Collector of Khairpur District has notified Section 4 of the LAA on 12 July 2008 and revised Notification U/S -4 Dated as the cut-off date (Annexure-IV) TMA will acquire 25.8 acres of land of the plots with the survey numbers 303, 304, 305, 310, 617 and 619. Compensation at the current market rate (replacement cost) of PRs 500,000 per acre plus 15% CAS, free of taxes, registration and transfer costs, amounting to PRs 5,75,000 per acre, has been provided to the APs. Compensation to the AP has been paid in full and land has been transfered in the name of TMA Khairpur/NSUSC. VII. Institutional Framework 13. Roles and responsibilities for the design, implementation and supervision of LAR functions within SCIP are vested with a number of different institutional actors. Planning and Development Department (P&DD) of the GoS as the Investment Program Executing Agency (EA) and through its Program Support Unit (PSU) will provide counterpart finances including the LAR budget, supervise the preparation of this LARP, and oversee the compliance of the Investment Program and its subprojects with the LARF and this LARP. NSUSC has the Responsibility for LARP implementation functions, as well as any update of the LARF and this LARP, will be bye the Safeguards Cell of the NSUSC. 14. The NSUSC Safeguards Cell will closely liaise with the Khairpur District Revenue Office and its pertinent Taluka and Tapa offices. Under the Provincial Board of Revenue, the Khairpur District Revenue Office, with the DO Revenue, who is also the Land Acquisition Collector (LAC), and its officers at the Khairpur Taluka level, Mukhtiarkar, and Shadi Shaheed Tapa level, Tapadar, is responsible for land administration, valuation and acquisition. These officers verify and validate LARPs and compensation rates, and deliver compensation for land, crop and tree compensation to the AP. The GoS will acquire the land under the LAA and transfer ownership to the Khairpur TMA. The TMA will transfer long-term use rights for the establishment and operation of the sanitary landfill to the NSUSC through Services and Asset Management Agreement (SAMA) entered into between the TMA and the NSUSC.

11 6 VIII. Resettlement Budget and Financing 15. The affected land is valued at the replacement cost of land of approximately equal type and quality (irrigated & adjacent to minor road,12 km to Khairpur town) determined by a local land sales survey for the period of one year preceding the cut-off date for the landfill development. The problem of chronic underreporting of land values for tax evasion purposes is overcome by applying the reported market rates for the preceding 12 months known to local land administration officers and confirmed by some of the APs. The unit rates for involuntary land acquisition include 15% CAS. The LAC of Khairpur District according to LAA Section 23 has indicated a replacement cost for the land to be acquired at the current market value of PRs 500,000 per acre, to which a 15% CAS of PR 75,000 per acre is added. The concerned Muktiarkhar has certified this rate in the land record appended to this LARP. Table 3 indicates the proposed cost of land acquisition for the Khairpur sanitary landfill under the LAA and ADB Policy. 2 Table 3: Budget for Land Acquisition and Resettlement Plan of Khairpur Sanitary Landfill Asset type Unit Unit cost (PRs) No. of units Cost (PRs) Land Agricultural, and irrigated (Award U/S-11) Acre 500, ,26,00,000 Involuntary acquisition (incl. 15% CAS) 15% 75, ,90,000 Sub-Total Contingencies 15% 18,90,000 Total 1,63,80, The total amount assessed has been deposited by the Executing Agency (EA) in the treasury accounts of the Khairpur District, who must make payment of compensation money to the entitled APs within 60 days after the notice of award under Section 6 of the LAA. Payment of compensation will be made no later than 60 days (2 months) prior to the actual possession of the acquired land. No land will be possessed by the LAC or handed over to the IA for commencement of construction works without full payment of due compensation to the affected landowner. However, in case of a dispute, the assessed/allocated amount of compensation will be pledged in the name of the concerned AP, pending a decision by the court in accordance with the LAA. In this case, the IA may possess the land before payment of compensation, but will hold all construction works until the final settlement of all compensation cases. IX. Monitoring and Evaluation 17. As only a payment of cash compensation is required, monitoring will be confined to the provision of documents which demonstrate the conclusion of negotiations with the AP and evidence of payment of compensation, to be submitted to ADB prior to the award of civil works contract. 2 In the case of an open market purchase the final unit rate will be determined by the negotiations between the TMA and the land owner.

12 7 X. Implementation Schedule 18. The LARP implementation schedule is in Table 4. Table 4: Land Acquisition and Resettlement Plan Implementation Schedule-2012 Month of subproject Implementation No. Activity June July August 3. Land Acquisition and Resettlement Plan (LARP) Update 3.1 Detailed measurement survey update 3.2 Public consultations and negotiations on update 3.3 Updated resettlement plan and budget 3.4 Submission of updated LARP to NSUSC 3.5 Dissemination & agreement on update with APs 3.6 Submission of updated LARP to Executing Agency/PSU; TMA 3.7 Submission of updated LARP to ADB 3.8 Approval of Final LARP with budget 3.9 Public Disclosure of Final LARP 4. LARP Implementation 4.2 Disbursement of compensation and finalization of land transfer 4.3 Submission of payment receipts to NSUSC and ADB 5 Documentation of LAR process 5.1 Award of civil works contracts 6 Review of LARP implementation (Monitoring) ADB = Asian Development Bank; NSUSC = North Sindh Urban Services Corporation; PSU = Program Support Unit; TMA = Taluka Municipal Administration.

13 8 (ANNEXURE-I)-GIS MAP/LOCATION PLAN OF THE PROPOSED LANFILL SITE KHAIRPUR

14 ANNEXURE-II- AWARD U/S-11 OF PAK LAA 1894 FOR KHAIRPUR SITE 9

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17 ANNEXURE-III- LAND VALUATION CERTIFICATE ISSUED BY MUKHTIARKAR 1

18 (ANNEXURE-IV)-NEGOTIATIONS AND AFFIDAVIT SIGNED BY THE LAND OWNERS

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21 (ANNEXURE-V)-REVISED NOTIFICATION U/S -4 DATED

22 (ANNEXURE-VI)-NOTIFICATION U/S -6 DATED JANUARY 8, 2011

23 10 (ANNEXURE-VII)- UPDATED LIST OF APS AND STATUS OF PAYMENT.

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