REHABILITATION AND RESETTLEMENT PLAN

Transcription

1 REHABILITATION AND RESETTLEMENT PLAN INTRODUCTION This chapter contains the resettlement plan for the potential social impact anticipated due to the proposed project. In this regard, a compatible Rehabilitation and Resettlement Policy has to be developed based on NHAI, Government of India and State Government Policy and accordingly a full resettlement plan (RP) will be prepared for the project in the subsequent stages of project preparation. Special protection measures will be suggested in terms of economic rehabilitation grant and other assistance for affected persons those who belong to Schedule Castes, Schedule Tribes, Other Backward Classes, Women Headed Households and persons living Below Poverty Lines including Physically Handicaps. Widening, realignment and curve straightening of roads results in acquisition of more lands that affects the livelihood of people. Preparation of land acquisition plan is another very important aspect in consultancy services for preparation of Detailed Project Report. Based on the Census survey, Socio- economic survey, individual and group meeting the report is prepared. With meticulous plan and systematic approach the land status, family particulars, socio-economic status, the magnitude of loss and the attitude and perception of the likely to be affected people were studied during the baseline and census survey. NHAI, however, in accordance with National R&R Policy, 2007 has intended to undertake several exercises to quantify magnitude of displacement, profile the potential population to be affected, identify the associated social hardships through consultations. These activities are aimed to facilitate the selection and finalization of road alignment with minimum land acquisition and displacement. MINIMISATION OF SOCIAL IMPACTS Based on the impact on the properties and the land required and the consultations certain measures are proposed to reduce and minimize the impact. While preparing the engineering design, the prime consideration is to minimise the social adverse impacts within the limit of technical requirements and cost effectiveness and to enhance the benefits to the society as well. Despite the best efforts to minimise the adverse social impact, however, land take and resettlement has been, to some extent, unavoidable. According to the broad principle mentioned above, a joint decision among the engineering, environmental and social teams has been taken to avoid land acquisition from fertile lands, 1

2 religious places, such as temples, mosques, graveyard etc, and also congested market areas (which would save both displacement and livelihoods as well as excessive costs) and avoid splitting agricultural fields as far as possible. To minimise the social impacts, some of the basic principles followed in the engineering design of the project road are as follows: Upgrading/widening on one side is preferable- it limits land take and building demolition to one side only and reduce costs. Care will be taken to avoid agricultural wet lands as much as possible. Avoid to the maximum extent splitting fields. While attempting to ease curves, minimise the amount of property and number of homes to be affected. ANALYSIS OF ALTERNATIVES Unlike a new road development project the present road is limited to widening and up gradation of existing alignment to 2 lane to 4-lane road. This limits the scope of examining alternatives in terms of different alignments. The alternatives considered relates to modification in geometric design, horizontal alignment to minimize lan`d acquisition and tree felling. As the town/urban agglomerate have high density of structures and heavy traffic movement resulting in congestion. In this connection, there might be essential of bypasses. REHABILITATION AND RESETTLEMENT ISSUES Road improvement includes widening and realignment of the road at some locations and this involves expropriation of land from the current owners/ users. The expropriation of land necessitates the eviction of squatters and encroachers from within the RoW and acquisition of land from the titleholders. Acquisition of land, eviction of squatters and encroachers may cause social disruption and economic loss for project affected persons and their families. It is therefore important that disturbances and losses of APs due to project are minimised through proper planning. This resettlement plan details the process to be undertaken during the implementation of the project to minimise the adverse social impacts. 2

3 The anticipated loss due to the proposed project is broadly categorized into 2 aspects i.e. loss of land assets and loss of non-land assets(built-up properties). The census survey covers the built up structures in details and to be presented in the RP and the details of landholders are covered in Land schedule prepared as a part of Land Acquisition Plan (LAP). A profile of the project-affected area is also prepared based on the census survey of affected families. The extent of land acquired and the structures to be lost by the project is an indicator of impact on the social environment. However, the project will have an impact on the petty traders, mostly non-title holders, who are dependent on their commercial structures for their livelihood reside inside the RoW. A majority of the affected population likes to settle close to their place of displacement. Hence, development of relocation site is not required. The impact is limited to non-titleholders and all efforts shall be made through various provisions in Resettlement Plan to mitigate negative social impacts on APs by supporting relocation of APs and by restoration of pre-project levels of income. COMMUNITY CONSULTATION AND PARTICIPATION Extensive public consultations have been carried out in the project corridor with the objective of minimising probable adverse impacts of the project through alternate design solutions and to achieve the project goal through awareness among the project corridor community for the benefits of the project. Several meetings were organized at various locations, promoting public understanding of the processes and mechanisms through which developmental problems and needs are investigated. Any development activity can be implemented successfully only by active involvement of the beneficiaries from an early stage of project preparation. In the projects, where there are adverse impacts and loss of assets, the involvements of affected persons assume more significance. In this project, the affected persons to be consulted during the socioeconomic survey. Further, the NHAI would undertake the disseminate information and mitigation measures to the entitled persons affected by the project. NHAI should undertake the preparation of the Social Assessment Management Plan (SAMP), which involves public meetings with the people in the village where the bypass, realignment and geometric correction is planned. These meetings include one-to-one interaction with the concerned leaders and representatives of the Panchayat or Tehsil. The 3

4 SAMP provides the support for undertaking the socio-economic survey. While undertaking the socio-economic survey and the verification exercise, Focus Group Discussions (FGD), interviews and consultations with the APs on the components of the project, the social safeguards, and preferred entitlements etc., which will form the important inputs for the preparation of the Rehabilitation Action Plan. The NHAI organizes public consultation for the project where information regarding the project is disseminated and suggestion by the people are incorporated into the project design. This activity is also accompany distribution of brochures and pamphlets informing people on project specific details. These brochures and pamphlets contain information on the overall project plan, design and construction standards, potential impacts and mitigation measures planned resettlement and rehabilitation measures, compensations and assistance. MITIGATION METHODS The beneficiary will be the title holder who will be entitled get one or multiple benefits. An alternative land of equivalent productive potential subject to availability preferably within same village/ panchayat but not exceeding one hectare of irrigated or two hectare of un-irrigated land. Registration charges for transfer of this land in the name of affected family shall also be borne by NHAI. Alternate land for allotment to AFs shall be taken from the State Government or from voluntary sellers at existing land prices to avoid further impact. If the alternate land is wasteland/degraded land, all eligible affected families shall be provided one time assistance towards development of land. In case affected families opt for cash compensation for loss of land or not eligible for land for land option, they will be provided cash compensation as per Indian law and following rehabilitation assistance based on the severity of losses: Note: The Present minimum agricultural wages fixed by Department of 4

5 Labour, Govt. of Maharashtra will be taken into consideration. 1. Availability of Land for allotment to APs: Availability of land for persons opting for land for land shall be decided as follows: 2. NHAI will take up the matter with Maharashtra State Government for release of Government land for allotment to the eligible APs. 3. If Government land is not available, NHAI will purchase private land on a willing buyer and seller basis keeping in mind that the purchase of land does not promote any indirect displacement. The land will be purchased from voluntary sellers at existing rates finalised through negotiations. 4. For purchase of private land a Land Purchase Committee shall be constituted comprising of representatives of NHAI, Local Authorities AFs, Gram Panchayat or any well reputed person as mutually agreed with the local authorities and AFs. OTHER REHABILITATION & MITIGATION MEASURES INCOME GENERATION When alternate land is not available as per above procedures or in cases where a PAF is not entitled to land for land i.e. eligible only for cash compensation as determined by Revenue Authorities, the PAP may exercise one of the following options for his rehabilitation. A variety of income generation enterprise will be offered on the basis of: (a) Consultation with APs and local government (b) The socio-economic survey establishing the need for such schemes Jobs I) Jobs with NHAI: NHAI projects do not envisage significant job opportunities to the local residents. However, if there is any requirement of job then APs shall be entitled for preference, subject to their meeting of job requirement and specification. II) Jobs with Contractors: Contractors will be persuaded to give jobs to eligible APs on a preferential basis where feasible. 5

6 TRAINING If the head of the family who is eligible for Resettlement Assistance as per entitlement frame work wants to nominate its dependent for vocational training course in lieu of rehabilitation assistance offered to them, NHAI may arrange for imparting suitable training. Such training will be imparted through the existing and available training institutions like Polytechnic, ITIs. The project authority may meet the cost of training of the persons who are nominated by the head of the eligible PAFs in writing selected from amongst the land looser families. Apart from above NHAI will organise need based short training for development of required skill and entrepreneurship development for the selected IGs in the affected village through state government/institutions. Community Development Works In addition to above measures, NHAI based on outcome of social assessment will also undertake need based developmental work like: 1) Construction of road, 2) Drinking water facility, 3) Community centre etc. for overall up-liftment of surrounding, village and community. These works shall be carried out in association with local authorities. NHAI will ensure that all plans are approved by competent authorities; that public consultation takes place at necessary stages; and, that grievance redressal is a priority. GRIEVANCE REDRESSAL COMMITTEE In majority of the cases by adopting a participatory and transparent consultation process and by providing adequate value to the lost assets and sufficient support mechanisms any development project will be accepted, enhanced and complaints and disputes from the affected people will also reduce. It is only in the case of land acquisition that even after provisions in the LA Act like, APs to object to the proposed acquisition, compensation, rates, receive the compensation under protest and refer to the court for settlement etc. Disputes and complaints from the APs may arise hence to address such issues that arise during the project implementation; dispute redressal mechanism should be in place. Hence to address these grievances the NHAI will set up a committee comprising representatives of the NHAI, representatives of local authorities, APs, Gram Panchayat or any well reputed person as mutually agreed with the local authorities and APs. This 6

7 committee will address the grievances of the APs. A Senior official will represent NHAI from Region/ Corporate Centre. The well-reputed person will not be same as the one in the LPC. LAND PURCHASE COMMITTEE Land Purchase Committee (LPC) shall be formed by nomination in the following steps: 1. NHAI representative shall be nominated. 2. Representative of Local Authorities to be decided by District Administration. 3. Representative of APs to be identified and selected by themselves. 4. Representative of Gram Panchayat or any other person of repute as mutually agreed with local authorities and APs. LEGAL AND POLICY FRAMEWORK In India, compensation for land acquisition (LA) and resettlement assistance for projectaffected people are generally governed by the Land Acquisition Act (1894). However, in case of NHAI projects, the National Highways Act, 1956 (hereafter NHA) is used to carry out land acquisition for national highway projects. The Act gives NHAI power to acquire land through a competent authority (i.e.), the district collector and/or NHAI staff) through notification in the official gazette by the Central Government. INSTITUTIONAL ARRANGEMENT AND MECHANISMS The RAP has proposed institutional arrangement as per the NHAI Guidelines. The Administrator or Project Director is at the helm of affairs and his staff at the PIU has been proposed to carry out the activities. The ground level R&R activities will be carried out by temporarily hired NGOs. The implementation of the RAP consists of five major stages: 5. Deployment and training of identified NHAI staff and NGO 6. Issuing of legal notification for land acquisition and the cut-off date 7. Verification of entitled persons (EP) and estimating their type and level of losses 8. Preparing a list of EPs for relocation 7

8 9. Relocation and rehabilitation of EPs. In addition, monitoring and evaluation will also form a part of the R&R implementation strategy. The NHAI officials at the PIU and district levels will function in supervisory roles for the R&R activities. At the project road level the NGO selected and recruited for the purpose will carry out the actual implementation. MONITORING & EVALUATION The monitoring and evaluation of the under the present project is needed to ensure that the affected families will receive the Rehabilitation assistance (RA) to be devised for the temporary loss of livelihood incur to them. Under the present project, there are no major social impacts as none of the title holder loose land or any permanent structures or assets in existing alignment( RoW) barring proposed bypass and realignment area. However, the NHAI has a well-developed organizational support structure for effective monitoring of the Rehabilitation Action Plan (RAP) prepared for each project. The internal monitoring of the R&R activities will be carried by the PIU of the NHAI on regular basis. The external exercise will include a mid-term and end-term evaluation of the activities. The range of activities that will need to be monitored include: a) Land acquisition and transfer procedures b) Disbursement of compensation and assistance c) Construction of replacement buildings by the displaced families d) Rehabilitation of displaced families and business enterprises e) Rehabilitation of income levels. IMPLEMENTATION SCHEDULE All the proposed activities related to the implementation of RAP would be completed based on a specific time frame devised after the consultations with the NHAI. The implementation of the RAP will be completed after the approval of the design. However all the R&R activities will be completed before the construction work of the road begins. DISBURSEMENT MECHANISM To avoid the delays in the execution of RAP, a one-time sanction of the total RAP budget should be made instead of item wise. The total amount of RAP budget should be made available to the concerned officer and these amounts will be released and distributed to 8

9 the affected families with the help of the concerned field staff in the site office. While allotting income generation schemes, the authorities should be in touch with Bank Officer of the respective area who will select appropriate schemes for the individual PAFs. DISCLOSURE OF RESETTLEMENT ACTION PLAN As per requirements of the NHAI and the Asian Development Bank Policy on Disclosure of Information, after approval from the competent authority, the draft RAP will be disclosed to the public in the affected zone (project corridor of impact). For the purpose of the disclosure, the Executive Summary of the draft RAP will be translated into the local language and displayed in the affected zone. To ensure effective disclosure, the executive summary will be prominently displayed at the following places in the affected zone. Panchayat level offices Taluk level offices Other public places at the district level Market Place PRELIMINARY COSTS AND BUDGET The preliminary costs estimated mainly include land cost, structure cost and R&R assistance costs. The land price will be calculated based on prevailing market price in the road side across different villages falling under various section of the project road. The average price across the roads will be considered for the estimates. The structure cost is estimated based upon the rates of the Roads and Buildings Department, Government of Maharashtra. This estimate will be prepared on the analysis of the actual no. of structures affected and acquisition of the land for the project. 9

10 STAKEHOLDER'S CONSULATATION INTRODUCTION Consultative procedures has been a critical but important front in the entire social assessment process. Public consultations in social impact assessment facilitates to make a rapport with the villagers in the project villages and provide basic inputs. In this regard, the social assessment ensures the involvement of local communities through participatory planning through structured consultations would endorse and integrate important resettlement issues in the project cycle. For the purpose of stakeholder's consultation a team of social experts visited all sections of MSH-3. In the process of information dissemination, collecting relevant data and to acquaint with social requirements of the project, the government officials, key informants & knowledgeable person and other stakeholders were consulted. The consultation meetings were conducted in 24 villages. As the magnitude of impact is high, the bypass village locations were considered with prime importance. The consultations were undertaken with various stakeholders at village levels for sharing the information about the alignments, widening of existing two lane into two lane with paved shoulder and bypasses. Prior intimation was given to the villagers and the local public representatives e.g Sarpanch of the villages to participate in the consultations. The village wise issues and concern were discussed and suggestions made by the participants were recorded. The range of discussion includes perception, attitude, benefit, problem, suggestions recommendation and solution on social, economic, engineering viability of the project. In addition to bypass village level consultations, fifteen information and consultation meetings with primary stakeholders, road users, shopkeepers, dwellers and other knowledgeable persons were conducted along the road sided village. The location for these meetings were selected in such a way that a large section of the nearby habitations could participate in these meetings. METHODOLOGY The consultation process adopted mainly qualitative method. The techniques were mainly community and individual interview, focus group discussion and observation. Need for Consultation 10

11 These consultation and discussion would help in assessing the skills of likely to be affected persons under the project, developing training modules, formulating income generation and livelihood action plans, planning for relocation activities etc. Scope of Consultation and discussion a) Counseling the people During the village level meeting, primary counseling activities were carried out to explain to the people the need for land acquisition, the provisions of the policy and the entitlements under the R&R policy. b) Dissemination of Information Specific project information was disseminated to the people like the possible consequences of the project on the community s livelihood system and the options available. c) Focus on Women and Tribal Special focus was given to the issues pertaining to women and Tribal in this project and their impact on them, as they are vulnerable people of the society. Social evils like child labour, condition in construction sites and camps etc were discussed in detail. d) Socio-economic situation For the awareness of people, a wide range of socio-economic topics were discussed which included land holdings, cropping pattern, land price, labour, wage rate, migration, transportation as well as gender issues. 6.5 Issues Discussed The social team explained the need and technical details of the MSH-3 project to the participants in terms of its length, characteristics of the paved shoulder and need of bypass/ realignment, the proposed improvements in terms of safety improvements and road side amenities etc. For a better understanding about the road the social team also explained in detail the proposed cross sections of the paved shoulder and need of geometric correction. The land requirements for the improvements and the probable impacts to the road side people was also discussed. 11

12 The project s efforts at minimizing land acquisition and promoting safety measures were also discussed. Special attention for the weaker section of the society in general and women in particular were also discussed. The broad principles and R & R mechanisms as per new LARR Act and NPRR was also presented in detail. The main objectives of undertaking these consultations were: To make affected persons aware of the project impacts and broad provisions of the R&R policy. Dissemination of information to build awareness among likely to be affected people and inform them about the objective of the project. Discuss about the training requirements to enhance their skills & restore the livelihood. The team presented and explained in detail about the road improvement project and responded to the queries of the people. Detail notes were taken including village maps and photographs. The discussion during public consultation was centered on to understand the opinion and preferences of people for bypass in general and likely to be affected person in particular. These consultations have helped in providing inputs for methodologies for arriving replacement value, grievance redress mechanism and implementation arrangement for the finalization of Resettlement Plan (RP). Almost all stakeholders' meeting were conducted in respective Panchayat Office. The Sarpanch of the village, presided the meeting with Aarvee Associate representatives. Mr. Sobhan Patnaik, Mr. Ratan Kumar and Mr. Prafulla Garoda participated in the meeting. The other participants were revenue officials, village elders, road side residents and probable impacted families. KEY FINDINGS OF PUBLIC CONSULTATION It was noticed that people were quite optimistic about the service and economic benefit by the proposed project. They are hopeful that betterment of the road with smooth traffic flow and good accessibility will be great advantage for the local population. 12

13 In some places people were agreed that there would be minimal impact on their life and livelihood, as NHAI has already possesses enough land. The squatters and petty shop owners raised concern over the eviction from the RoW. Some people those who have already constructed new buildings on the road side were hesitant to give any opinion but suggested that the government must take this issues with much importance. Majority of participants demanded that widening of the project road should be finalised in such a way that impact of structures will be minimum. The participants explained they would get benefit economically from saving vehicle operating costs due to enhanced speed and better geometric. The businesses community is optimistic for the better prospect in enhancing business and also wants early completion of the project from road safety point of view. Some people wanted to know how the disputed issues relating to removal of unauthorized encroachments and shifting of other properties would be resolved. The participants collectively expressed that a comprehensive and detail discussion is needed before implementing the road work. Majority of people opined that the interaction with people would help in smooth running of the project. Some participants vociferously demanded construction of VUP in some places that can save large scale demolition of commercial structures. Squatters said that now the cost of house construction is a day dream. If we are evicted on account of the road widening then alternative housing must be provided. Some untitled occupant narrated the degree of adverse impact and thereby consequences were Most of the road sided villagers demanded as the corridor accommodates many encroachers and squatters, keeping in view government should take concrete measure to protect their live and livelihood. 13

14 Majority of untitled occupants suggested that irrespective of the ownership, government should construct houses and give the project affected people those who reside within the existing RoW. Some attendees said that there is no open space available near the village. As non title holders, if they were driven out from the RoW there would no option except to migrate from the village. In this regard, government should take measures for the restoration of the livelihoods. A large number of villagers said that they were skeptical about the government's method of calculation which, according to them always less than the market value. The likely project-affected people were concerned about compensation to be paid to those who are encroachers and squatters living and doing business on the government land. Majority of participants in almost all location are optimistic that the proposed expansion of the road will make commuter friendly by providing an efficient, reliable, safe, comfortable and affordable services. PHOTOGRAPHS TAKEN DURING CONSULTATION MEETING Meeting was held at Panchayat Office 14

15 LEGAL POLICY FRAMEWORK AND ENTITLEMENT MATRIX POLICY FRAMEWORK The policy framework and entitlement for the Program are based on national laws: The Land Acquisition and R & R Act, 2013 (LARR) and The National Rehabilitation and Resettlement Policy, 2007 (NRRP); The Maharashtra Project Affected Persons Rehabilitation Act, 1999' as modified in 2006; Asian Development Bank Policy on Involuntary Resettlement, OP The following section deals with these policies with a comparison and subsequently deals with the entitlements and eligibility for compensation and other resettlement entitlements. Through the proposed R&R entitlement policy and framework is committed to ensure that the livelihoods of project-affected persons are at least restored to pre-project levels, with the opportunity to improve on living standards where possible. The policy addresses the following adverse impacts associated with road construction and upgrading activities: Loss of land and other privately-owned assets Adverse impacts on subsistence/livelihood or income-earning capacity Collective adverse impacts on groups (e.g., through the loss of business resources and assets) To mitigate unforeseen effects on roadside communities and promote general upliftment, rehabilitation and support measures will be extended to include households of the defined vulnerable social categories who may be adversely affected by road construction. Entitlements have been developed according to the NHAI guidelines on implementation of the NPRR. Entitlements for land losses are in the form of cash compensation. Every effort needs to be made to provide land-based options to households whose production levels are severely affected by land acquisition. This will primarily be achieved through local consultative forums to assist with the identification of suitable privately owned cultivated land in the vicinity for purchasing by the affected households. All strategic interventions on human development, spread across all social issues, need directives of policies and legal support to operationalise the appropriate actions. These policies and legislations help to overcome the constraints and support administrator, implementer, community and individual in delivery of justice. This chapter includes the 15

16 World Bank as well as National policies and Acts applicable to the proposed Project are detailed under: OBJECTIVES OF RESETTLEMENT POLICY This (RAP) is based on the general findings of the census and socio economic survey, field visits, and meetings with various project affected persons in the project area. The primary objective of the RAP is to identify impacts and to plan measures to mitigate various losses of the Project Road. The specific objectives are as follows: To minimize displacement and to promote least displacing alternatives To ensure adequate rehabilitation package and expeditious implementation of rehabilitation process with the active participation To provide better living conditions and making concerted effort for providing sustainable income to affected families Develop harmonious relationship between requiring body and affected families The RAP outlines the details of the project, description of the project location, the magnitude of impacts based on the census, and spells out the necessary implementation procedures for resettlement and rehabilitation of the entire project affected families including the entitlement matrix as well as the legal framework and policies. NATIONAL HIGHWAYS ACT The act is applicable to the whole of India except the state of Jammu and Kashmir. The policy provides a broad guideline of procedure of land acquisition. The National Highways Act 1956 (NH Act) is commonly used for acquisition of land for public purpose. It is used at the State level made to suit local requirements. Expropriation of and compensation for land, houses and other immovable assets are carried out under the National Highways Act The Act deals with compulsory acquisition of private land for public purpose. The LA Act does not contain any provision specifically dealing with resettlement including income restoration aspects. The procedure of NH Act under this act is summarized below: 16

17 Intention & Declaration 10. When a National Highways require a land, an application is required to be made by it to the revenue authority; 11. The application should be accompanied with a copy of the plan showing survey nos., purpose of acquisition and the reason for the particular site to be chosen and the provision made for the cost of the acquisition; 12. After the government has been fully satisfied about the purpose, the least area needed, and other relevant facts as provided under land acquisition rules, it will issue a notification under Section 3A of the act that the particular land is required for public purpose; 13. The Competent Authority will hold an inquiry under Section 3-B of the Act; 14. After notification the owner is prohibited from selling his property or disposing it off and prevented from carrying out any works of improvements for which no compensation will be paid if executed without prior permission from the collector. Objection and Confirmation i) Objections are invited from all persons interested in the land within 21 days from the date of notification under Section 3-A. ii) The objections will be valid on one or more of the following grounds: iii) That the purpose for which the land is proposed for acquisition is not a public purpose. iv) That the land is not or less suitable than another piece of land for the said purpose. v) That the area under acquisition is excessive. vi) That the acquisition will destroy or impair historical or artistic monuments or will desecrate religious buildings, graveyards and the like. 17

18 The CA after hearing the objections will submit his report to the Central government, who will finally declare the land for acquisition under Section 3-D of the Act. After notification the collector proceeds with the claim. He has the site marked out, measured and a plan of the same made vide Section 3-E. Claim and Award 5. The collector will issue notices under Section 3-G to all persons interested in the acquisition to file their claim reports; 6. The collector is not to be a party to the proceedings, is to possess an expert knowledge on valuation, and offers a fair price to an owner and checks that the public funds are not wasted; 7. The claim filed should contain the names of the claimants and co-shares, if any rents or profits for last three years and a valuation report of the land from an architect or an engineer; 8. In determining the compensation the market value of the land is determined at the date of notification. The rise and fall in the value during the period of transaction and notification is taken into consideration; Compensation is also payable when: 9. Part of the property is proposed for acquisition in such a manner that the remainder depreciates in value. 10. When the land notified for acquisition has standing crops or trees. 11. If the person interested has to change his place of residence or business then the excess rent payable for the new premises is also considered for compensation. Matters which are not taken into consideration for the purpose of land acquisition are: i.) The degree of urgency which has led to the acquisition. ii.) Any disinclination of the person interested to part with the land. 18

19 iii.) Any increase in the land value likely to accrue from the use to which it will be put when acquired. iv.) After necessary inquiries the collector declares his award showing true area of the land, total amount of compensation payable and apportionment of compensation if there are more than one owners or claimants. v.) The collector has to make the award under section 11 within a period of two years from the date of notification. Reference to Arbitrator 12. Any person interested, to whom the award is not satisfactory, can submit a written application to the Arbitrator. 13. This application should be made within six weeks from the date of declaration of the award. Apportionment In apparent of the compensation each of the claimants are entitled to the value of his interest, which he has lost, by compulsory acquisition. Thus it is required to value a variety of interest, rights and claims in the land in terms of money. THE MAHARASHTRA PROJECT AFFECTED PERSONS REHABILITATING ACT, 1999 MODIFIED IN 2006 The government of Maharashtra has adopted a policy on resettlement and rehabilitation through the MPAPRA. It applies to all irrigation projects which exceed 50 ha., or the area of the benefited zone exceed 200 ha. It also applies to industrial projects such as industrial estate, atomic park, sanctuary, mines, etc. The responsibility to execute MPARPA and rehabilitate project affected persons rests with the concerned department of the government of Maharashtra through entering an agreement with the concerned project authority or body. Where, in the opinion of the State Government, it is necessary and expedient in the public interest to apply it to any other project, the state government may be notification in the official Gazette, declare that it applies in relation to such project as specified in the notification; and thereupon the provisions of this Act applies to such project. It does not apply to projects falling under the jurisdiction of inter- state projects; and rehabilitation work financed by the external agencies and countries. 19

20 The eligible persons under the policy are legal titleholders, and tenants who are in actual possession of land under the tenancy law. Eligible agricultural laborers under the act are those who do not possess any land but have been cultivating the land and earning livelihood through manual labor not less than 5 years from the date of notification. The major entitlement provided under the Act are:(i) land for land compensation subject to the availability of sufficient land, (ii) civic amenities where in the state government will provide civic amenities in the prescribed scale and manner in the new area, (iii) restoration of cultural and religious property or proper compensation and (iv) employment schemes. However, there are certain limitations of this Act in comparison with the NRRP and world Bank policy including: (i) this act does not have principle on minimizing resettlement, (ii) it does not recognize non-titleholders other than agricultural laborers who have worked on the land for 5 years, (iii) it does not require household surveys and social impact assessment,(iv) it does not specify assistance and restoration programs for APs, (v) it does not specify eligibility and cut-off-date, (vi) it does not recognize the loss of business, incomes and employment; and other losses without displacement and (vii) while it describes market values, it may not always be equivalent to replacement value. THE RIGHT TO FAIR COMPENSATION & TRANSPARENCY IN LARR ACT,2013 The salient features of the Act include: The Act seeks to amend the Land Acquisition Act, The 1894 Act was repealed and a new comprehensive legislation was brought in Parliament. It states that the legislation should be enacted expeditiously. This said act under section 105, requires that all the acts mentioned under schedule IV (including NH Act 1956) shall be amended within one year from the date of commencement of this act. The bill notes that the use of the word may dilutes specific provisions and provides undue discretion to the implementing agency. It recommends that may should be replaced by shall in all clauses except ones where the intent is to provide flexibility. In order to protect agricultural land from getting acquired, it states that the Bill should include a provision that makes it mandatory for the Collector to submit a report stating that wasteland or barren land 20

21 was not available for a particular project. Also, the government should make a list of unutilised land. The Committee also makes several suggestions for development of wasteland. It also recommends that the government should do long term planning regarding the total area of agricultural land required to meet food grain requirements. Also, a strong law is required to protect prime agricultural land in similar manner as forest land. There should also be measures to guard against excessive acquisition of land which is at time more than the land required for the project. The Committee recommends that in cases where award of compensation is pending, solatium and the rehabilitation and resettlement package should be provided retrospectively. The Committee recommends that all the benefits provided under the Land Acquisition and Rehabilitation and Resettlement legislation should be doubled at every stage in case of second and subsequent displacement of a family/person. As per the Act, 30 days time period from the date of publication of the notification has been provided for the affected person to object to the acquisition of land. The Committee feels that the period is not sufficient and recommends that it be increased to 60 days. The Committee is of the opinion that fixing some percentage of the land to be acquired by the appropriate government and private body for a particular project of public purpose is very contradictory and impractical. Also, the definition of public purpose as per the 1894 Act should be retained. There should be discretion in deciding whether a Social Impact Study is necessary if the number of families is below the threshold level. The Committee recommends that the highest price of sale deed as indicated in the sale deeds of the last three years plus 50 per cent of the highest price should be the criteria for assessing and determining the market value of the land. For tribal areas, the Committee 21

22 recommends that the highest price of a sale deed of the adjoining non-tribal blocks/village for the last three years plus 50 per cent should be the criteria. The Committee is against the provision that allows the Collector, before determining the market value of the land, to ascertain the intended land use category. The Committee states that issue of shares and debentures as part of the compensation is not practical. Therefore, issue of shares and debentures should be over and above the admissible compensation. Further, it should be left to the acquiring body to issue shares and debentures over and above the admissible compensation to the affected person/family whose land is acquired. The Committee pointed out certain contradictions in the Land Acquisition Bill and the Rehabilitation and Resettlement Bill with regard to compensation with shares and debentures. The Committee recommends that emergency powers of the government may be restricted to acquisition of minimum area of land for the purpose of defence or national security or in case of natural calamities. The Committee suggests that the Acquisition Compensation Disputes Settlement Authority should consist of at least three members, including the Chairperson. Also, the retirement age should be reduced to 65 years from 67 years. The Committee proposes that the rate of interest should be increased from nine per cent to 15 per cent per annum and compound interest should be paid wherever applicable. The date of commencement of this Act is 1 st January SCHEDULED CASTE AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT,2002 The Act provides for the inclusion in the lists of Scheduled Tribes (ST), of certain tribes or 22

23 tribal communities or parts of or groups within tribes or tribal communities, equivalent names or synonyms of such tribes or communities, removal of area restrictions and bifurcation and clubbing of entries; imposition of area restriction in respect of certain castes in the lists of Scheduled Castes (SC) and the exclusion of certain castes and tribes from the lists of SCs and STs. RESETTLEMENT POLICY AND LAND ACQUISITION FRAMEWORK The guidelines are prepared for addressing the issues limited to this project for resettlement and rehabilitation of the PAPs. This policy has been developed based on the National Highways Act 1956 and The Right to Fair Compensation and Transparency in LA RR Act, R&R BENEFITS FOR PROJECT AFFECTED FAMILIES The resettlement and rehabilitation (R&R) benefits shall be extended to all the Project Affected Families (PAF) whether belonging to below poverty line (BPL) or non-bpl. The details are provided in the entitlement matrix. For tribal the following provisions will be adhered. Each Project Affected Family of ST category shall be given preference in allotment of land. Tribal PAFs will be re-settled close to their natural habitat in a compact block so that they can retain their ethnic/linguistic and cultural identity The Tribal Land Alienated in violation of the laws and regulations in force on the subject would be treated as null and void and the R&R benefits would be available only to the original tribal land owner. PRINCIPLES AND POLICIES ADOPTED FOR THE PROJECT The core involuntary resettlement principles for this project are: (I) land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative sub-project designs; (ii) where unavoidable, time-bound resettlement plan (RP) will be prepared and PAPs will be assisted in improving or at least regaining their preproject standard of living;(iii) Consultation with PAPs on compensation, disclosure of resettlement information to PAPs, and participation of in planning and implementing subprojects will be ensured; (iv) vulnerable groups will be provided special assistance (v) payment of compensation to PAPs for acquired assets at replacement rates; (vi) payment of compensation and resettlement assistance prior to the construction contractor taking 23

24 physical acquisition of the land and prior to the commencement of any construction activities; (vii) Provision of income restoration and rehabilitation; and (VIII) establishment of appropriate grievance redress mechanisms. ENTITLEMENT MATRIX The broad entitlement matrix comprising the R & R compensation and assistance is presented below. The titleholder PAPs will receive compensation for land and assets, as decided by the competent authority. The titleholders are entitled to receive compensation for land/assets at replacement cost, R & R assistance and allowances for fees or other charges. They should be given advance notice to harvest non-perennial crops, or compensation for lost standing crops. They will have the right to salvage material from existing structures. The LARR-2013, represents a significant milestone in the development of a systematic approach to address resettlement issues in India and closes significantly the gap between Indian national policies and operational policy of the World Bank/ADB. The National Highways Act, 1956 gives directives for the acquisition of land in the public interest and provides benefits only to titleholders. Based on these, the following core involuntary resettlement principles are applicable: Avoid or minimize land acquisition and involuntary resettlement impacts by exploring all viable alternative designs; Where displacement is unavoidable, prepare time-bound RAP for PAPs so that they are not worse off than the present socio-economic condition after the implementation of the project. In other words, assist affected persons in improving their former living standards and income earning capacity with additional assistance to vulnerable groups; Ensure wide range of meaningful consultations with stakeholders including likely PAPs on compensation, disclosure of resettlement information, participation of PAPs in planning and implementation of the resettlement program in order to suitably accommodate their inputs and make rehabilitation and resettlement plan more participatory and broad based; 24

25 Facilitate harmonious relationship between the Executing Authority and PAPs through mutual co-operation and interaction; Ensure payment of compensation and resettlement assistance prior to taking over the possession of land and commencement of any construction activities; Provision of rehabilitation assistance for loss of livelihood/income; Sl. No. Establishment of institutional arrangements such as grievance redress mechanism, NGO. Eligibility of different categories of PAFs will be as per the Entitlement Matrix shown in the section below. Table: 7.1 ELIGIBILITY FOR COMPENSATION OR/AND ASSISTANCE 1 The unit of entitlement will be the family. Eligibility 2 Titleholder PAFs will be eligible for compensation as well as assistance In case a PAF could not be enumerated during census, but has reliable evidence to prove his/her presence before the cut-off date in the affected zone shall be included in the list of PAPs after proper verification by the grievance redress committee. PAFs from vulnerable group will be entitled for additional assistance as specified in the Entitlement Matrix. PAFs belonging to BPL category will be identified at the time of disbursal of Compensation. They will get benefits as detailed in Entitlement Matrix. PAFs will be entitled to take away or salvage the dismantled materials free of cost without delaying the project activities. If a notice for eviction has been served on a person/family before the cut-off date and the case is pending in a court of law, then the eligibility of PAP will be considered in accordance with the legal status determined by the court and the PAP will be eligible for compensation/assistance in accordance with the RAP provisions. Sl. No. Category Type of Loss Unit of Entitleme nt 1 Private Property Total loss of Land&Structur e- Non Agricultural Table 7.2: ENTITLEMENT MATRIX Entitlemen t Titleholder Compensati on at replacemen t cost or actual market 25 Details Entitlement as per Policy 1.Compensation for land as per LA Act. The entitled person will be provided replacement cost of the residential structure (part or full), which will be calculated as per the

26 value or as decided by the Competent Authority prevailing basic schedule of rates without depreciation, subject to relevant quality standards of BSR as maintained by Government/Local Bodies Authorities of Maharashtra Government. 2.Compensation for the loss of residential land will be paid at replacement value 3. If replacement cost is more than the compensation (as determined by the Competent Authority), then the difference is to be paid by the project in the form of assistance. 4.Transitional assistance (Rs.2000 per month) up to maximum 9 months in nine months, shall be given. 5. For losers of residential houses those who do not have any other residential unit, shall be given preference to allot a house under the available scheme at concessional cost 6.For losers of business units, those who do not have any other business/commercial unit shall be given preference in allotment of a shop/land in nearby area 2 Private Property Partial loss of Land &Structure- Non Agricultural Titleholder Compensati on at replacemen t cost or actual market value or as Stamp duty and other fees payable for registration shall be borne by NHAI as applicable for the purchase of alternate land 8. Each eligible household shall get free transportation by NHAI/PWD or 3000 as financial assistance for transportation/ shifting of building materials, belongings etc. 7. Four Months notice shall be given for the removal of structures 8. Right to salvage the material from the structure 1. Compensation for land as per LA Act. 2. Compensation for loss of affected structural area estimated as per latest CSR of PWD without deducting the depreciation value to the legally