IND: Railway Sector Investment Program

Transcription

1 Social Monitoring Report Semiannual Monitoring Report April September 2017 July 2018 IND: Railway Sector Investment Program Prepared by Ministry of Railways for the Government of India and the Asian Development Bank. This social monitoring report 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. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

2 Indian Government Ministry of Railways Asian Development Bank Multitranche Financing Facility No IND Loans No IND, 3108-IND Railway Sector Investment Program Track Doubling and Electrification on Critical Routes Resettlement and Rehabilitation Implementation Status Semi Annual Report April September 2017

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4 Contents 1. Introduction and Project Background Legal and Policy Frame Work Insitutional arrangement and implementation mechanism Greivance Rederess Committee Progress on Subprojects Global Progress Important events related to R&R from April to September NGO Assistance to RVNL NGO contract for Sambalpur-Titlagarh project NGO contract for Raipur-Titlagarh project Assistance for Hospet-Tinaighat project General Consultant Daund-Gulbarga (Maharashtra Section and Karnataka Sections) Sambalpur Titlagarh project Raipur-Titlagarh project Hospet-Tinaighat project Electrification of Pune-Guntakal project Summary table Annexure I: LA Direct purchase Act Government of Karnataka Annexure II: Notification issued by Odisha Revenue Department Annexure III: R&R photographs of Raipur-Titlagarh and Hospet-Tinaighat projects Table Table 1: Mobilization of GC Social Expert... 8 Table 2: Final summary of subproject impacts Chhattisgarh and Odisha Section Table 3: Status of land acquisition in HT Table 4: Financial status of compensation in HT Table 5: Summary of Land Acquisition in HT Table 6: Status of land compensation in HT Table 7: Status of land Acquisition and Resettlement Table 8: Details regarding Rehabilitation and Resettlement Figure Figure 1: Map of India showing track doubling and electrification projects... 2 ADB Loans No IND / 2793-IND, 3108-IND ii

5 Abbreviation ADB Asian Development Bank BPL BelowPovertyLine CPM Chief Project Manager DG Daund Gulbarga DGPS Differential Global Position System DM District Magistrate DPs Displaced Persons EA Executing Agency FHH Female Headed Household GAD General Arrangement Drawing GC General Consultant GCC General Conditions of Contract GRC Grievance Redressal Cell HT Hospet Tinaighat HHs House Holders IA Implementing Agency India Indian Government INR Indian Rupees IP Indigenous People IPP Indigenous Peoples Plan IPPF Indigenous Peoples Planning Framework IR Inception Report LAO Land Acquisition Officer MOR Ministry of Railways NEFT National Electronic Funds Transfer NGO Non-Governmental Organisation NTH Non-Title Holder OSRC Orissa Space Applications Centre PAP/APs Project Affected Persons PG Pune Guntakal PMC Project Management Consultant PWD Public Works Department RAP Resettlement Action Plan RFCTLARR Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act R&R Resettlement and Rehabilitation RO Resettlement Officer RP Resettlement Plan RT Raipur Titlagarh RTGS Real Time Gross Settlement RVNL Rail Vikas Nigam Limited SC Scheduled Caste ADB Loans No IND / 2793-IND, 3108-IND iii

6 SIA SLAO ST ST TH USD Social Impact Assessment Special Land Acquisition Officer Scheduled Tribe Sambalpur Titlagarh Title Holder United States Dollars ADB Loans No IND / 2793-IND, 3108-IND iv

7 1. Introduction and Project Background 1.1 Introduction A Framework Financing Agreement (FFA) has been signed on 8 July 2011 between the Indian Government (India) and the Asian Development Bank (ADB) for the implementation, through the Ministry of Railways (MOR), of the Railway Sector Investment Program (RSIP) which is an integral part of the investment program of MOR. A Multi Tranche Financing Facility (MFF) has been approved by ADB on 31 August 2011; MFF is intended to finance individual projects of RSIP. Railway improvement component of RSIP consist of doubling of about 840 km rail routes and electrification of 640 km rail route along high density corridors. The scope of projects is to provide a second line along the existing single line by constructing the roadbed and either extending or constructing new bridges, provision of facilities for passenger and staff, providing and laying track, signalling and telecommunications and general electrical works. The scope of the electrification project is to provide overhead Railway electrification in the Pune-Wadi-Guntakal double line section. The purpose of the RSIP is to improve connectivity to the areas covered by the track doubling and electrification project. These areas are located in underdeveloped regions of the country, though rich in minerals and related industries. The projects will add to the capacity on these constrained routes. The lines carry heavy traffic such as ore, coal, and cement, which are best carried by rail instead of road. The modal shift of bulk goods from road to rail would also reduce carbon emissions. The current report is the semiannual Social Safeguard Monitoring Report prepared to comply with the loan covenants covering the period from April to September As usual, this report covers resettlement and social safeguard monitoring results to comply with the spirit of ADB policy. 1.2 Project background The projects which are financed by the present ADB loan, are located in the states of Chhattisgarh, Odisha, Maharashtra, Karnataka and Andhra Pradesh. These projects are shown in red and blue in the map here under: ADB Loans No IND / 2793-IND, 3108-IND 1

8 Figure 1: Map of India showing track doubling and electrification projects The following railway projects with approximate route Kms are part of the Railway Improvement Component: S. No Project Name Length (in Km.) Location (State) Project components 1 Daund-Gulbarga 225 Maharashtra and Karnataka Doubling 2 Sambalpur-Titlagarh 182 Odisha Doubling 3 Raipur-Titlagarh 203 Chhattisgarh and Odisha Doubling 4 Hospet-Tinaighat 229 Karnataka Doubling 5 Pune-Guntakal 641 Maharashtra, Karnataka, and Andhra Pradesh Electrification In general, the resettlement planning documents related to above projects were disclosed in September Out of five projects only two, namely Sambalpur-Titlagarh and Hospet-Tinaighat doubling projects require land acquisition. The other two doubling projects (Daund- GulbargaandRaipur-Titlagarh)involve resettlement of non-titleholders only. In Pune-Guntakal electrification project, there is no land acquisition or resettlement of Title holders (TH) and non Title holders (NTH). ADB Loans No IND / 2793-IND, 3108-IND 2

9 2. Legal and Policy Frame Work The e ill The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill 5, also known as Land Bill 2015 introduced by the new government in March 2015 did not get approval in Parliament and was referred to a Joint Committee in May 2015 comprising Member of Parliament from both houses to make out a bill acceptable to all parties. Meanwhile, after lapse of ordinances over land acquisition on 31 August 2015 the Central Government has not re-promulgated the ordinance and instead allowed the state Governments to formulate their own laws or amend central law in this regard to expedite developments. Now, a nineth extension has been given by parliament to extend the time for presentation of the report of the Joint Committee up to the last day of first week of the winter session, December Since new Land Acquisition Amendment Bill 2015 has not come in force with the act of parliament,, the RFCTLARR Act, 2013 is still having legal validity. Also, Ministry of Railways has streamlined rules through circular for the acquisition of land through any existing law of State/Central Government, direct negotiation with landholders and Railways (Amendment) Act In Sambalpur-Titlagarh project, Odisha Government is acquiring land underact 2013 (RECTLARR) which is effective from 01/01/2014. In this regard, a notification was issued by Odisha Revenue and Disaster Management on 07/02/2014 clarifying award in LA cases initiated prior to 31/12/2013. According to above notification, LA proceedings initiated under the LA act 1894 in which 4(1) notification and 6(1) declaration have been issued but where no award has been passed as on 31/12/2013, the provision of the new act in relation to determination of compensation and award shall apply. A notification issued by Odisha Revenue and Disaster Management Departmet on 7th February 2015 for the new Land Acquisition Amendment Bill also has been inforce for land acquisition for Sambalpur-Titlagarh project by Revenue Authority. (See Annexure-II) In Hospet-Tinaighat project, Karnataka Government has partly acquired land under Land Acquisition Act 1894 for declaration 6(1) issued before enforcement of act RECTLARR, To speed up the progress of land acquisition, State Government has notified new act to go for direct purchase from land owners under section 107/108 of RECTLARR, 2013 by providing higher compensation and rehabilitation than stipulated in act. The new LA act (Karnataka) has come into force from 17/10/2015. Government of Karnataka has issued a order under new LA Direct Purchase Act letter no. 54/2014 under which government has permitted to direct purchase of the land for the following works, i.e for the construction of houses, Grave - yard, multiple village water supply, electrical grid, under drainage, road construction or widening of roads, construction of over bridge/under bridge, construction of Railway tracks, Airport. And for all their needful public-works, the required land is limited to 100 Acres and can be purchased directly from the land owners. (See Annexure-I) ADB Loans No IND / 2793-IND, 3108-IND 3

10 3. Insitutional arrangement and implementation mechanism 3.1 Rail Vikas Nigam Rail Vikas Nigam Limited (RVNL) is acting as Implementing Agency (IA) for execution of various doubling and electrification project including the resettlement and land acquisition activities under RSIP. The RVNL organisation has been fully set up for taking up RSIP programme. Five project implementation units (PIUs) have been established for managing a doubling or electrification work.each PIU is headed by a CPM.The headquarters of CPMs are based in Mumbai, Waltair, Raipur, Bangalore and Pune. Further under CPM there is a project director for each package. Project management consultants(pmcs) have been engaged to support IA for construction supervision as the Engineer. One of the Project Director from each PIU has been entrusted with additional charge RP implementation for all packages of a subproject and is responsible for overseeing the LAR activities on behalf of each PIU. The RVNL is responsible for the overall implementation of the social safeguard measures recommended as per the policy and monitoring of the resettlement plan. In implementing the resettlement plan, the RVNL conducts the following activities: (i) (ii) (ii) (iv) (v) (vi) (vii) (viii) (ix) Ensure that the resettlement plan process, policies and principles are disclosed to the affected communities (i.e. during resettlement plan preparation and periodically during resettlementimplementation) in order to maintain participation and transparency; Ensure that (a) compensation unit rates have been established at the prevailing local market value for all categories of lost assets, and (b) the appropriate rates are developed in full consultation and agreed with affected persons as estimated by the Revenue Department as per the policy in Sambalpur-Titlagarh; Periodically supervise resettlement plan progress and activities; Coordinate and work with the Revenue Department and concerned government authorities; Conduct consultation with affected persons and local communities in case of any doubt; Establish database for affected persons for Land Acquastion by Revenue Department; Have responsibility for internal monitoring, reporting and action in response; Provide assistance to affected persons during compensation and land replacement activities; Prepare reports regularly on progress and outstanding issues; 3.2 Land Commisioner Revenue Deparment The district commissioner is appointed as a administrator by state government for compensation, rehabilation and resettlement of PAPs in respective districts.the district commissioner/collector (who is also head of revenue department ) is responsible for administrating the cash compensation under the law for title-holders. ADB Loans No IND / 2793-IND, 3108-IND 4

11 3.3 General Consultant A General Consultant (GC) firm has been mobilized for the overall supervision, monitoring and reporting of the investment program. The Resettlement Expert of the General Consultant has been mobilized since June 2013 and is responsible for: Monitoring the LAR activities verify data through random checking at the field level Identify the strengths and weaknesses and suggest corrective action plans. prepare semi-annual monitoring reports for RVNL and ADB. assess the adequacy of compensation and resettlement benefits given to the affected persons and whether these follow the approved entitlement matrix assess the affe ted perso s o ditio s of li i g post-resettlement 3.4 RP Implementing NGO M/S Sugam International Sansthan (NGO) based in Lucknow was appointed in 2011 to assist RVNL in land acquisition,resettlement and rehabilation activities in doubling projects of Daund- Gulbarga, Hospet-Tinaighat, Sambalpur-Titlagarh and Raipur-Titlagarh project. The services of above NGO awarded with work of implementation of Resettlement Plan (RP) have not been extended after August 2016 in any of the project.there is no work of land acquisition involved in Daund Gulbarga and Raipur-Titlagarh projects and NGO has completed all the required resettlement activities related to NTHs at above projects. Now, RVNL is directly monitoring balance land acquisition and resettlement activities by Revenue Department at Sambalpur-Titlagarh and Hospet-Tinaighat projects and has hired individual Consultants to support the PIU staff dealing with R&R. 3.5 The Asian Development Bank The ADB is monitoring the social and environmental safeguards through its Head quarter mission. One mission including safeguards specialists is usually conducted every year. ADB Loans No IND / 2793-IND, 3108-IND 5

12 4. Greivance Rederess Committee Greivance Redressal Committee (GRC)has been formed under chairmanship of District collector in each district of the sub projects where land acquisition and Resettlement activities are involved.the objective of formation of GRC is to a hie e a d fa ilitate the resolutio of DP s a y o er s, complaints or grievances related to compensation and rehabilation or any issue related to social safeguard. The other functions of the GRC are to (i) record, categorize and prioritize the grievances; (ii) settle the grievances in consultation with complaints and other stakeholders; (iii) informed the aggrieved parties about the solutions; and (iv)forward the unresolved cases to higher authorities. 5. Progress on Subprojects 5.1 Global Progress The calculated global progress of implementation of R&R activities across the various projects at the end of September 2017 is as under: S. No Name of Project Global progress 1. Doubling of Daund-Gulbarga 100% 2. Doubling of Hospet-Tinaighat 65% 3. Doubling of Sambalpur-Titlagarh 25%* 4. Doubling of Raipur-Titlagarh 100% 5. Electrification of Pune-Guntakal N/A *corrected in this report after revision of scope etc. 5.2 Important events related to R&R from April to September The periodical Financing request (PFR-3) was sent to ADB to finance a trenche-3 under an MFF. ADB mission visited Raipur-Titlagarh project and RVNL, Delhi in May 2017 as a part of appraisal of PFR-3. Again ADB short mission was mobilized from 19/07/2017 to 21/07/2017 for processing and reviewing of tranche-3. For Sambalpur-Titlagarh project, 222 nos (17%) of affected households (titled and non-titled) out of an estimated 1327 have received compensation and resettlement assistance for a total of INR 181,532, land acquisition as per old act + R&R = Rs 33,564,752 -land acquisition as per New act + R&R = 106,158, ,808,970 = 147,967,532 Total: 181,532,284. For Hospet-Tinaighat project, total of INR 88,680,248 disbursed to 19 (TH) under 6(1) notification and 25 TH for resettlement allowances. A total of 169 vulnerable households have been identified for all subprojects and 1,690,000 provided with additional vulnerability allowance. ADB Loans No IND / 2793-IND, 3108-IND 6

13 Subproject Name LA payments Resettlement assistance payments (TH/NTH) Total per subproject Sambalpur Titlagarh 233,508,764 2,253,766 (NTH) 235,762,530 Hospet-Tinaighat 88,310, ,000 88,680,248 Raipur-Titlagarh 0 17,697, ,697,983.5 Daund-Gulbarga 0 858, ,037 Total 31,413, ,179, ,53,19,086.5 For Hospet-Tinaighat - Direct purchase amounts released as on September Koppal dt HOSSALLI/Munirabad, Koppal, Kampasagar/Munirabad amount =45,91,000 +4,92,00,348 = Rs 5,37,91,348/- Gadag DT Bettageri/Gadag =Rs 2,33,66,600/- Total: Rs. 77,157,948 Land compensation under 6(1)=1,1152,300/- Grand Total: 88,310, NGO Assistance to RVNL NGO contract for Sambalpur-Titlagarh project Resettlement work for TH is being done directly by state Revenue department after expiry of contract services of NGO in August However, NGO has completed all tasks related to compensation and training for all NTH identified in Sambalpur-Titlagarh during his contract period NGO contract for Raipur-Titlagarh project NGO has completed all the pending task after expiry of their contract in August in NGO has completed the balance compensation for NTH at Parwati Nagar and Chandi Nagar in Chattisgarh part of Raipur-Titlagarh project during September quarter. The completion report from NGO related to R&R for Raipur-Titlagarh has been submitted to RVNL for approval after incorporating additional information suggested by GC expert Assistance for Hospet-Tinaighat project The earlier agreement for LA support staff has expired on 16 th June General Consultants has advised further extension of LA staff for another 6 months to M/s Manjunath Enterprises with same terms and conditions of earlier LOA. Extension of two persons has been approved by CPM upto December General Consultant A General Consultant (GC) firm has been mobilized for the overall supervision, monitoring and reporting of the investment program. The GC social expert has provided the following input man month for monitoring R&R issues on various subprojects. Year Month Input (days) Input (man-month) April May ADB Loans No IND / 2793-IND, 3108-IND 7

14 Year Month Input (days) Input (man-month) June July August September 7.23 Total Table 1: Mobilization of GC Social Expert 5.5 Daund-Gulbarga (Maharashtra Section and Karnataka Sections) No land acquisition and all NTH have been compensated. The NGO had completed the R&R activities as per the approved Micro plan for NTH except for training. All NTHs have given in writing that there was no need of trainings as they are working in some nearby factory. The GC social expert has collected all the relevant papers for final completion of this section. No Grievances have been reported by any PAP. As suggested in our previous quarterly progress reports, the GC social expert recommends closing of this project with respect to R&R. 5.6 Sambalpur Titlagarh project All NTHs identified at Khetajpur, Guhratikra and Balangir in Sambalpur Titlagarh project have been paid full compensation including training programme on income restoration and skill upgradation for affected PAPs during last year. The land is totally free from squatters for laying of new Railway track. Since the resettlement work of TH is being done directly by the Revenue Department so the NGO has been asked to not to work for them in Sambalpur-Titlagarh section by the RVNL. The contract of NGO agreement has been closed without any liability on either side with effect from 31 st August For land acquisition purpose, the Government of Odisha has designated a Special Land Acquisition Officer (SLAO) for this subproject. The SLAO is responsible for payment of compensation and assistance as per the RFCTLAR Act An Additional Collector is acting as Administrator for Rehabilitation and Resettlement who is responsible for formulation of R&R scheme. Total requirement of Land to be acquired is currently estimated as: (1) Private land: acre (2) Government Land: acre (3) Forest Land: acre (4) Revenue Forest LA: The total possession of land taken place so far against private land, Government land and forest land is acres, acres and nill acres respectively. Sambalpur (SBP) District As per the survey details of the private land of Title holders in Sambalpur district, total 4.62 acres is required in 5 villages. Out of 4.62 acres, 4.75 acres has been acquired in 5 villages on 28/2/17. Remaining 0.17 acres at above number of villages is expected to be acquired in next quarter. ADB Loans No IND / 2793-IND, 3108-IND 8

15 Bargarh (BRGA) District According to the survey details,total acres of the private land in Bargarh district consisting of 26 villages is proposed to be acquired. Revenue Department has issued declarationu/s 8(2) under Vide letter no.19343/r&dm Dtd.16/06/2017. After recommendations and suggestion report of expert group/sia received from Collector/BRGA in June 2017, SLAO/SBP has sent 11(1) proposal to State Government HQ in Bhuvneshwar on 16/09/2017 so that notification can be published as specified in LA act. There is total requirement of acres of Government land to be acquired at 26 villages in Bargarhdistrict, only acres of alienation/transfer of government land has been made up to this quarter. Balance transfer of acres of land is pending with Tehsildars (local revenue officers at district level) Bolangir District Total acres of private land at 32 villages is required in Bolangir district as per survey detail submitted.public Hearing on SIA in all 32 villages of Bolangir district has been completed on 03/04/2017. Public hearing report has been prepared and submitted to Collector/BLGR. Collector/BLGR has sendrecommendations and suggestion report of expert group/sia to Govt. for declaration U/s 8(2) and process for notification U/s 11(1) vide memo no.737 Dtd. 01/08/2017 and is pending with state government in Bhuvneshwar. Sonepur District As per the survey details of the Title Holders of Sonepurdistrict, 9.185acres of Private Land acquisition required is required in 8 villages.total acres of private land possession taken on 01/06/2017 and 06/06/2017. Handing over of balance land of acres is pending with Tehsildar. Out of 8 villages, the land owners of Sananuapali and Cherupali did not receivepayment (seeking higher compensation) and since pending with Revenue department. There is total requirement of acres of Government land to be acquired at 08 villages in Bargarhdistrict, only acres of alienation/transfer of government land has been made up to this quarter. Balance transfer of acres of land is pending with Tehsildars (local revenue officers at district level). The status of acquisition of private land,government land and forest land as received from Project Implementation Unit (PIU)is reproduced as under: Name of the District Sambalpur Baragarh Private Land (a) 4.62 acres (1.869Ha) Private Land acquisition required in 5 villages. (b) Full possession taken for acres in 5villages.(4.45 acres on:28/02/2014 and acres on: 30/09/2017) (a) acres (9.247 Ha) Private Land acquisition required in 26 villages. b) Vide letter no /R&DM Dtd.16/06/2017 Government has issued ADB Loans No IND / 2793-IND, 3108-IND 9

16 Bolangir Sonepur declaration u/s 8(2). c) SLAO/SBP sent 11(1) proposal to Government on16/09/2017 and pending in BBSR (a) acres (17.340Ha) Private Land acquisition required in 32 villages. b) Collector/BLGR send to Government for declaration U/s 8(2) and process for notification U/s 11(1) vide memo no.737 Dtd. 01/08/2017 and pending in BBSR. (a) acres (3.717 Ha) Private Land acquisition required in 8 villages. (b) U/s 19(1) declaration issued for acres in 8 villages on 03/10/2016 by R & D.M. Department, Government of Odisha. (c) Out of 8 villages, the land owners of Sananuapali and Cherupali did not receive payment seeking higher compensation and since pending with Revenue department. (d) Total acres of private land possession taken on 01/06/2017 and 06/06/2017.Handover of balance land of acres may please be expedited. Sambalpur District Government Land (a) Total Governmentland required: acres (64 villages).sambalpur District (04 villages) (a)total requirement acres (b)sanctioned/alienated acres (c)permissive possession acres (dt. 04/10/2017). However for payment as per latest policy guide lines of Government of Odisha, acres has been reduced to 1.93 acres letter given to Tahasildar/SBP on: 16/10/2017 andin response Tahasildar/SBP has given letter to Collector/SBP on: 27/10/17 for decision. (d) For acres payment under process. (e)sanctioned by Collector/SBP for acres on 06/10/2017 and Demand notice for 9, 55,710/- INR received from Tahasildar/SBP. Under process for payment. (f) Balance acres pending for sanction. (g) JT-25 encroachment acres notice issued bytahasildar/sbp vide alienation case no.82/2014. (h) acres under Sambalpur Municipality. Collector/SBP given letter on06/ for relinquishment in favor of Revenue Department. Bargarh District (26 villages) Total requirement: acres Sanctioned/Alienated: acres Balance: acres pending with Tahasildars Balangir District (32 villages) Total requirement: acres Sanctioned/Alienated: acres Balance: acres pending with Tahasildars. ADB Loans No IND / 2793-IND, 3108-IND 10

17 Sonepur District (08 villages) Total requirement: acres Sanctioned/Alienated: acres Balance: acres pending with Tahasildar/Rampur Forest Land (a) acres (6.208 Ha) of forest land diversion is required in 5 villages for the entire Sambalpur Titlagarh doubling Railway Project. (b) In compliance to observations made by Nodal/Officer of PCCF office, hard copies are submitted with concerned DFOs and District Collectors on 04/05/2016. (c) RCCF/BWPN (DFO/BLGR) and (DFO/Sonepur). (1)All the observations of DFO/BLGR and RCCF/BWPM are compiled since 11/01/ ) As required DFO/Sonepur uploaded part-ii (nil statement) on 2/08/2017. (d)rccf/sbp (DFO/BRGA) and (DFO/SBP) (1) All the observations of DFO/BRGA and DFO/SBP have been complied on: 16/08/2017 and 14/09/2017. (2) DFO/BRGA and DFO/SBP submitted the proposal to RCCF/SBP on: 28/08/2017. (e) Revenue forest land (1)9.977 acres of Revenue Forest Land diversion is required in 8 villages of Balangir District for the entire Sambalpur Titlagarh Doubling Railway Project. (2)DGPS Survey have been completed and submitted to DFO/BLGR. 5.7 Raipur-Titlagarh project During this period, full and final compensation have been paid to 260 PAPs out of 261 PAPs at Parwati Nagar and Chandi Nagar. A total of INR 17,697,984 were paid to 260 households. One household was not found despite several search attempts. Also, the final payments were made to 04 noshouseholders in Chandi Nagar during August RVNL Raipur has approved the micro plan for 17,697,984 INR and the total compensation disbursed till September is 17,697,984 INR to rehabilitate 261 PAPS. For Kantabanji area of Odisha state, the total no of PAPs is 23, 2nd and final disbursement for the 23 PAPs has been completed and the land is totally free from encumbrances. For Mahasamund area of Chhattisgarh state, the total no. of PAPs is 45. 2nd and final disbursement for those 45 PAPs has been completed and land is totally free from encumbrances. ADB Loans No IND / 2793-IND, 3108-IND 11

18 For Parvati Nagar at Raipur of Chhattisgarh state, the total no. of PAPs is 143. First installment for 143 PAPS was completed in the month of February The second installment for 143 PAPs has been transferred in their respective accounts in March and September For Ekta Nagar at Raipur of Chhattisgarh state, all the affected PAPs have vacated their structures in the year 2016, as they have been provided alternative shelter in the nearby area by the District Administration. The land is totally free from any encumbrances. For Chandinagar at Raipur of Chhattisgarh state, the total no. of PAPS is 50. Identity cards have been distributed for 49 PAPs. During previous period the first installment for 49 PAPs has been transferred in their respective accounts. The 2nd installment has been paidto all the pending NTH during this quarter. S. No Impacted project area Total number of affected persons Compensation paid 1 Kantabaji 23 Fully paid 2 Mahasamund 45 Fully paid 3 Parvati Nagar 143 Fully paid 4 Ekta Nagar 0 Vacated by District Administration 5 Chandinagar 50 Fully paid. (1 PAP not traceable) Table 2: Final summary of subproject impacts Chhattisgarh and Odisha Section 5.8 Hospet-Tinaighat project The total scope of land acquisition has been revised to acres aftercompletion of Joint Measurement Survey (JMS) in August 2017 by the Revenue Department. Total18.95 acres was notified under clause 6(1) of old Land Acquisition Act and acres has been proposed to be acquired through direct purchase. Out of acres required for land acquisition under direct purchase at Koppal, Gadag, Belgam and Dharwad district, 6.48 acres has been finalized (in Koppal and Gadag) by Revenue Department. No NTH were found in this project. The Micro plan for resettlement allowance has been approved for 23 out of total 43 PAPsunder clause 6(1) of Land Acquisition Act. An amount of 3,70,000 INR of entitlements has been disbursed in three stages to 23 PAPs/House Holders (HHs). For direct purchase 54 PAPs have been identified for compensation. So the revised total affected PAPs will be 77 PAPs. Further, 19 TH have been paid INR 7,679,712 against resettlement allowances. The project comprised major land acquisition in Koppal district for four Railway Stations. To minimize land acquisition, the scope of yard construction in Munirabad has been restricted to Railway land only. Similarly, in Munirabad-Bhanpur section construction of extension of minor bridges has been restricted to Railway land by constructing retaining walls. ADB Loans No IND / 2793-IND, 3108-IND 12

19 There are some savings in land acquisition but also some additional requirements in station yards due to design changes. ADB Loans No IND / 2793-IND, 3108-IND 13

20 Land acquisition - progress The present status of land acquisition in Hospet-Tinaighat project after Joint Measurement Survey (JMS) is as follows: Table 3: Status of land acquisition in HT ADB Loans No IND / 2793-IND, 3108-IND 14

21 Table 4: Financial status of compensation in HT ADB Loans No IND / 2793-IND, 3108-IND 15

22 Table 5: Summary of Land Acquisition in HT ADB Loans No IND / 2793-IND, 3108-IND 16

23 Table 6: Status of land compensation in HT 5.9 Electrification of Pune-Guntakal project No land acquisition and no TH and NTH in this project. ADB Loans No IND / 2793-IND, 3108-IND 17

24 6. Summary table Status of Land Acquisition with resettlement plan implementation of different projects is as follows: Item No Indicators Appointment of the RP implementation NGO No. of displaced households No. of displaced persons Raipur-Titlagarh project (Odisha Sugam International Sansthan: Start of Contract:23/1/2012 End of contract on 31/08/2016. Raipur-Titlagarh project (Chhattisgarh Sugam International Sansthan: Start of Contract:23/1/2012 End of contract on 31/08/2016. Sambalpur Titlagarh project* Sugam International Sansthan: Start of Contract:23/1/2012 End of contract on 31/08/2016 Sections Hospet Tinaighat project * Sugam International Sansthan: Start of Contract:15/12/2011 End of contract on 4/1/2016. Contract of Manjula Enterprises for supply of R&R expert extended for further six months from 17/12/2016 to 16/06/2017. Extension has been granted another for 6 months.(31/12/17) Daund Gulbarga project (Karnataka Sugam International Sansthan end of contract on 4/1/2016. Daund Gulbarga project (Maharashtra Sugam International Sansthan: Start of Contract:15/12/2011 End of contract on 4/1/ (14 NTH) 77 NIL (14 NTH) (number of TH Displaced Persons under verification) 77 (under process) NIL 20 ADB Loans No IND / 2793-IND, 3108-IND 18 18

25 Item No Indicators Raipur-Titlagarh project (Odisha Raipur-Titlagarh project (Chhattisgarh Sambalpur Titlagarh project* Sections Hospet Tinaighat project * Daund Gulbarga project (Karnataka Daund Gulbarga project (Maharashtra 4 No. of physically displaced households NTH (TH under process) Under process NIL NIL 5 No. of physically displaced persons NTH (TH under process) Under process NIL NIL 6 No. of economically displaced households TH 77 (Under process) NIL NIL No. of economically displaced persons Total number of titleholders being displaced Total number of non titleholders being displaced Under process Under process NIL NIL NIL NIL Under process 77 (Under process) NIL NIL NIL NIL 5 10 Entitlement matrix disclosed Yes Yes Yes Yes Yes Yes ADB Loans No IND / 2793-IND, 3108-IND 19 19

26 Item No Indicators Raipur-Titlagarh project (Odisha Raipur-Titlagarh project (Chhattisgarh Sambalpur Titlagarh project* Sections Hospet Tinaighat project * Daund Gulbarga project (Karnataka Daund Gulbarga project (Maharashtra 11 Number of identity cards issued to the displaced persons Identity cards released to 23 PAPs in Kantabanji area Identity cards distributed to all PAPs 238 Identity cards distributed to all NTH PAPs Identity cards distributed to PAPs of 5 villages (25 PAPs) NA 5 12 Micro plans prepared for titleholders Not required Not required After award by Deputy Land Acquisition Officer (DLAO). Not yet Revised corrected micro plan has been approved in May Not required Not required 13 Micro plans prepared for nontitleholders Completed and submitted (23 NTH) Completed and submitted (238 NTH) Completed and submitted (14 NTH) NA NA Yes Micro plans prepared for CPRs Micro plans approved for TH Micro plans approved for NTH Micro plans approved for CPRs NA NA NA NA NA NA NA NA Not yet Approved NA NA Approved Approved Approved NA Approved Approved NA NA NA NA NA NA ADB Loans No IND / 2793-IND, 3108-IND 20 20

27 Item No Indicators Raipur-Titlagarh project (Odisha Raipur-Titlagarh project (Chhattisgarh Sambalpur Titlagarh project* Sections Hospet Tinaighat project * Daund Gulbarga project (Karnataka Daund Gulbarga project (Maharashtra 18 Quantum of private land to be acquired NIL NIL acres now revised from to acres NIL NIL 19 Progress on LA NA NA Requisition for LA submitted and completed for Government, forest and private land for Sambalpur, Sonepur, Baragarh and Balangir districts. Total scope of land= to acres, Total18.95 acres notified under clause 6(1) of old LA act and acres proposed to be acquired through direct purchase. Out of acres, 6.48 acres has been finalized (in Koppal and Gadag) for direct purchase) NIL NIL 20 Whether compensation distributed to DPs Full and final installment of compensation has been distributed to all 23 nos DPs of Kantabaji area Full and final installment has been distributed to all 238 DPs of Mahasumund, Parvati Nagar, Chandi Nagar & Ekta Nagar area. Full and final instalment of compensation paid to 14 nos NTHs in April/August Distributed to 12 PAPs under Phase-I in December Distributed to 8 PAPs under Phase II in April Distributed to 5 PAPs under Phase-III in NA 1st installment of assistance has been distributed on 24/12/12. 2nd/final installment has been distributed on 24/08/2013. Total 5 PAPs identified as Squatters has been compensated in two ADB Loans No IND / 2793-IND, 3108-IND 21 21

28 Item No Indicators Raipur-Titlagarh project (Odisha Raipur-Titlagarh project (Chhattisgarh Sambalpur Titlagarh project* Sections Hospet Tinaighat project * Daund Gulbarga project (Karnataka Daund Gulbarga project (Maharashtra Sep installment for 858,037 INR Whether assistance distributed to DPs Whether GRC formed Yes Yes Yes Not yet GRC formed at 1 district (Balangir) GRC formed at 2 district (Mahasumund and Raipur) GRC formed in all 4 districts Special Land acquisition Officer cum Assistant Commissioner has been nominated as a Chairman of GRC and DGM/RVNL as member of GRC from PIU NA NA All the PAPs are working in nearby Cement factory-hotgi and are getting 10,000 INR to 15,000 INR per month, and they have given in writing that they do t eed a y training as they are already employed. Yes 23 Complaints to GRC received/ resolved NIL NIL NIL NIL NIL NIL ADB Loans No IND / 2793-IND, 3108-IND 22 22

29 Item No Indicators Raipur-Titlagarh project (Odisha Raipur-Titlagarh project (Chhattisgarh Sambalpur Titlagarh project* Sections Hospet Tinaighat project * Daund Gulbarga project (Karnataka Daund Gulbarga project (Maharashtra 24 Consultations held with DPs 3 places 4 places 5 places 13 places NA Yes 25 Relocation Kantabaji completed Completed at Mahasamund, Ekta Nagar, Parwati Nagar and Chandi Nagar Completed NA NA Completed 26 Inventory of losses of Displaced Persons (DPs) Completed Completed Completed Completed Completed Completed 27 Impact on Indigenous People/STs with kind of impact Completed (STs not found) Completed (STs not found) Completed (STs not found) Completed (STs not found) Completed (STs not found) Completed (STs not found) Table 7: Status of land Acquisition and Resettlement *Impact reported by NGO/RVNL after verification may change after conducting social impact assessment study by Revenue Department or Joint Measurement Survey findings ADB Loans No IND / 2793-IND, 3108-IND 23 23

30 Details regarding status of R&R implementation as on 30 September 2017 S. No Name of Project Raipur-Titlagarh doubling project (Odisha section) Raipur-Titlagarh doubling project (Chhattisgarh section) Sambalpur Titlagarh doubling project Length of line (in kms) Length of section free from R&R Area of land to be acquired No. of HHs/PAPs kms Nil 261/ kms Nil 261/ kms acres TH 1313/5252 NTH 14/14 Status of R&R implementation Identification and verification of PAPs has been revised and completed and submitted. Joint Measure Survey (JMS) has also been completed. GRC formed. Valuation of structures have also been completed and micro plan has been prepared and has been submitted on 09/09/2013 by NGO at total rehabilitation cost of 87,386,088 INR for 681 HHs. However, R&R expert of GC advised to minimize the Right of Way (ROW) and was agreed by PMC and RVNL. Actual COI (Corridor of Impact) was work out by NGO, RVNL and Revenue Officer. Micro plan has been revised and completed on 12/11/2013 at total R&R cost of 17,697,983.5 INR for 261 HHs based on actual COI. Micro plan approved and Identity cards distribution was started in Odisha section. Revised micro plans was approved in August 2015 for Mahasamund and Kantabanji areas bringing the new total to 261 HHs. Identity card distributed to 260 PAPs in Mahasamund District in Chhattisgarh section, Parvati Nagar, Chandi Nagar and Ekta Nagar section. Bond paper of PAPs completed. Assistance distributed through RTGS. Paid in December 2015 to September Full and final installment have been paid up to September TH: Requisition for LA submitted for government and private land for Sambaplur, Sonepur Bargargh and Balangir Districts NTH: Identification and verification and Joint measurement report completed on 02/07/2013. Micro Plan prepared on 27/09/2013 at total rehabilitation cost of 6,657,962 INR for 65 HHs. However, Revenue officer (RO) provided actual corridor of Impact (COI) and track plan ADB Loans No IND / 2793-IND, 3108-IND 24

31 S. No Name of Project Length of line (in kms) Length of section free from R&R Area of land to be acquired No. of HHs/PAPs Status of R&R implementation 4. Hospet Tinaighat doubling project kms acres revised from acres 77/308 which was reviewed by RVNL representative and NGO with GC. Micro plan was revised accordingly and completed and submitted on 28/10/2013 for a total R&R cost of 4,419,511 INR for 38 NTHs. Micro plan was reviewed on behalf of PIU Sambalpur. Rehabilitation cost of 4,419,511 INR for 38 NTHs reduced to 33,40,643 INR for 14 NTHs 1 st instalment of compensation has been released to all 14 NTHs in April nd and final installment has been paid in August Identification and verification of PAPs has been completed and data updation work has also been completed and submitted Micro plan is finalized and Identity cards have been issued to PAPs of Koppal, Hosalli, Sompur and Annigeri villages Disbursement of allowances to PAPs (12 Nos.) under phase - I was conducted during 3rd week of December 2013 and (08 Nos) under Phase II during the first week of April acres of land notified 6(1) for acquisition acres of land to be acquired through direct purchase. 5. Daund Gulbarga doubling project (Karnataka section) kms 0 0 NA 6. Daund Gulbarga doubling project (Maharashtra section) kms 0 5/20 ADB Loans No IND / 2793-IND, 3108-IND Total 5 PAPs identified as Squatters has been compensated in two installment of 858,037 INR. All the PAPs are found working in a nearby Cement factory-hotgi and are getting INR 10,000 to 15,000 per month a d they ha e gi e i riti g that they do t eed a y trai i g. The GC social has collected all the relevant papers for final completion of 25

32 S. No Name of Project Length of line (in kms) Length of section free from R&R Area of land to be acquired No. of HHs/PAPs Status of R&R implementation this section. GC Social Expert recommends to close this project. Table 8: Details regarding Rehabilitation and Resettlement ADB Loans No IND / 2793-IND, 3108-IND 26

33 Annexure I: LA Direct purchase Act Government of Karnataka Preamble: Government of Karnataka Orders (L.A.Direct Purchase Act. Letter.No.54/2014) Previously for the public/govt/projects the the required land was use to acquire vide LA act 1894 and payment was use to make to the land owners according to the agreement made between both the parties. But since from new Act i.e. through the direct purchase of land process. In this Act 2013 the transparency and appropriate value for the required land will be followed and there is no necessary for Re-habilitation and Re construction. In this act, there is no provision to purchase the land as per the rates of the agreement made. For the construction of public works like buildings, grave-yard, water supply for multiple-village water supply construction Electrical Grids, Under drainage, construction of Roads, and widening of Roads, construction of Railway Line, Railway under Bridge/over bridge, harbour, Airport and all other constructions of basic needs etc. the lands are required very very urgent. By this process the delay in land acquisition is avoided. There will be no delay in completing of the LA process. Because of this there will not be increase in the expenditure (Estimated Cost). So to avoid the delay in land acquisition, this Direct Land Purchase will be the good solution. In continuation with this new Direct Land purchase Act, 2013, the provision are made to purchase of land directly from the Land-Owner keeping transperencey and legestimatic rights for Re-habilitation, and Reconstruction (Karnataka) Act This new LA Act (Karnataka) has come into force from According to this Act, for industrial purchase 500 Acre, for for other purpose 100 Acre, is the maximum limit for direct purchase, rehabilitation and re-construction are exempted. Hence for the Government Projects the land can be purchased Directly from the land owners which will result not only the land availability for the projects but also the land comphensation will reach the land owner immediately and directly. Consedering all these above considerations, the land required for the Projects can be purchased directly from the land owners. The following order is passed: Government of Karnataka Orders Letter No. 54/LAQ/2014/BNG dtd: Accoding to the subject discussed in the preamble, the Government has permitted to direct purchase of the land for the following works, i.e for the construction of houses, Grave - yard, multiple village water supply, electrical grid, under drainage, road construction or widening of roads, construction of over bridge/under bridge, construction of Railway tracks, Airport. And for all their needful public-works, the required land is limited to 100 Acres and can be purchased directly from the land owners. Under the Chairmanship of the District Collector, for fixing the Rate Price Advisory Committee can decide the Rates/Value for Lands. According to this rate / value will be fixed both to the purchaser and land seller(owner). Also the same rate/value of the Land can be accepted or denied to the both purchasing or selling party. At the time of direct purchase of land, the beneficiary or the land buyer must submit yhe following details: ADB Loans No IND / 2793-IND, 3108-IND 27

34 a) For which purpose the land is required direct purchase b) Required area of the land c) Survey No. and details of the land proposed d) The R.T.C and map of the land required e) Agreement letter from the land owners f) Grant for Land Acquisition allowed by the purchasing body If a y o je tio for the rates or the de isio of the ates appraisal Co ittee s, the o je tio s ay be raised /submit to the DC within the 30 days from the date of Advertisement. For the proposed project only once the required limited land can be purchased. At the time of fixing of Rates/Value for the land direct purchase the Rate appraisal Committee must consider all the considerations such as Transparency, Re- habilitation, Re-construction Act Also the limitation of land limit etc. As per order and in the Name of Governor of Karnataka H.S.UdayKumar (Addl.Depty.Secretary) Revenue Dept(LandAcquitation) Government of Karnataka VidhanaSudha Bangalore Copy to Gazett Notification Copy to : 1) Chief Accounts Officer Karnataka Banglore 2) Chief Secretary, Government of Karnataka VidhanaSoudha Bangalore 3) Addl.Chief Secretary, Government of Karnataka VidhanaSoudha Bangalore 4) Addl.Chief Secretary,Basic need and Development Secretary VidhanaSoudha Bangalore 5) Pinciple Secretary for Chief Minister VidhanaSoudha Bangalore 6) To all Principle Secretary, Government of Karnataka 7) Regional Commissioner Belgaum/Bangalore/Mysore 8) State Commissioner for Re-habilitation, Re-construction, Bangalore 9) To all DC and Land Acquisition Officers, Assistant Commssioner ADB Loans No IND / 2793-IND, 3108-IND 28

35 Annexure II: Notification issued by Odisha Revenue Department ADB Loans No IND / 2793-IND, 3108-IND 29

36 Annexure III: R&R photographs of Raipur-Titlagarh and Hospet-Tinaighat projects Meeting with NGO at Raipur-Titlagarh 3rd party Audit by ADB consultant at Hospet-Tinaighat Meeting with landowners of Ginigera village Meeting with landowners at DC Koppal office ADB Loans No IND / 2793-IND, 3108-IND 30