GOVERNMENT OF KARNATAKA PUBLIC WORKS DEPARTMENT Karnataka State Highways Improvement Project - II

Transcription

1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized GOVERNMENT OF KARNATAKA PUBLIC WORKS DEPARTMENT Karnataka State Highways Improvement Project - II RESETTLEMENT IMPLEMENTATION PLAN WAP 2 (Mudhol Nippani) RP946 v3 June 2012

2 Contents ABBREVIATIONS... iv EXECUTIVE SUMMARY... 1 I INTRODUCTION... 3 Objectives of RIP... 4 Main activities of RIP... 4 Minimization of Impacts and Corridor of Impact... 5 II. LAND ACQUISITION AND RESETTLEMENT IMPACTS... 6 Land Acquisition Status... 6 Guidance Value... 6 Negotiation Committee... 6 Method of Price Negotiation... 7 Records to be submitted by the Land Owners... 7 Failure of KHA and Appellate Committee... 8 Conclusion of negotiation... Error! Bookmark not defined. Valuation of Assets on land under LA... Error! Bookmark not defined. Valuation of Crops... 8 Valuation of other structures/assets... 8 Site Requirement for Residential and impacts... 8 Loss of Community Assets... 8 III. BASELINE CENSUS SURVEYS AND CONSULTATIONS Characteristics of displaced households Major and Minor Impacts Vulnerable groups Consultations IV. IMPLEMENTATION MECHANISMS i

3 Institutional Arrangements Extending R & R Assistance to PAPs Implementation support by NGOs IR Activities Monitoring and Evaluation support for RAP Grievance Redressal mechanism Resettlement Colonies and Vendor Markets Protection of RoW Impacts on Municipal Towns Data Base Management Co ordination between R&R and Civil works Monitoring and R&R Activities... Error! Bookmark not defined. Additional Impacts Budget Disclosure Annexure 1: Guidance Value as on May Annexure 2: Details of PAFs in link 19A Annexure 3: Details of PAFs in link 19B Annexure 4 : Details of PAFs in Link 19C Annexure 5: Details of PAFS in Link 19D Annexure 6: Details of Community Structure List of Tables Table 1-1: Package Details... 3 Table 1-2: Summary Tables on Impacts... 4 Table 2-2: Summary Table on Community Assets... 9 Table 3-1: Baseline Socio Economic information - for Major impacts (232) Table 3-2: Distribution of PAFs by Major and Minor Impacts for WAP ii

4 Table 3-3: Consultation Summary Table 4-1: R& R Assistance Table 4-2: Time line for Key LA and R & R Activities Table 4-3: Time line for LA and R & R Activities... Error! Bookmark not defined. Table 4-4: Monitoring Indicators for Physical Progress Table 4-5: Budget Table 4-6: Guidance Value for Link 19A Table 4-7: Guidance Value for Link 19B Table 4-8: Guidance Value for Link 19C Table 4-9: Guidance Value for Link 19D Table 4-10: PAFs Structure details of link 19A Table 4-11: PAF Structure details of link 19B Table 4-12: PAF Structure details of link 19C Table 4-13: PAF Structure details of link 19D Table 4-14: Community Asset Details of link 19A (Mudhol - Mahalingapura ) Table 4-15: Community Asset Details of link 19B (Mahalingapura - Kabbur) Table 4-16: Community Asset Details of link 19C (Kabbur - Chikodi) Table 4-17: Community Asset Details of link 19D (Chikodi - Nippani (NH4)) List of Figures Figure 1-1: Distribution of PAFs for Package WAP Figure 1-2: Distribution of PAFS by Major Impact for Package WAP iii

5 ABBREVIATIONS AC ADSW CAO CPO CPR COI DC DPR EWS EPC GOI GOK GRC ID IPDP IR KHA KSHIP LAA LAO LAP NGO PAF PAG PAP PIU PGB PWD PU PGB RTC R & R RAP ROW SIA SDO SDRC SWI SC SR ST SHG Assistant Commissioner Assistant Director Social Welfare Chief Administrative Officer Chief Project Officer Common Property Resources Corridor of Impact Deputy Commissioner Detail Project Report Economically Weaker Section Engineering Procurement Contract Government of India Government of Karnataka Grievance Redressal Cell Identity Card Indigenous People Development Plan Income Restoration Karnataka Highways Act Karnataka State Highways Improvement Project Land Acquisition Act Land Acquisition Officer Land Acquisition Plan Non-Governmental Organization Project Affected Family Project Affected Group Project Affected Person Project Implementation Unit Project Governing Body Public Works Department Pre University Project Governing Body Record of Rights Resettlement and Rehabilitation Resettlement Action Plan Right of Way Social Impact Assessment Social Development Officer Social Development Resettlement Cell Social Welfare Inspector Scheduled Caste Schedule of Rates Scheduled Tribes Self Help Group iv

6 SIA ToR UR ZP Social Impact Assessment Terms of Reference Upgradation Zilla Panchayat v

7 EXECUTIVE SUMMARY The Karnataka State Highways Improvement Project (KSHIP) II covers a length of kms. The roads have been categorised into two types of contracts EPC and Annuity. It consists of kms of EPC roads consisting of 5 packages and kms of roads under annuity contract consisting of 4 packages. Contract package WAP 2, is an Annuity package which covers 108 kms consisting of 4 links. The details are given in Table 1.1This Resettlement Implementation Plan covers the implementation requirements for Package WAP 2. In this package about 77 acres 17 ¾ guntas land has to be acquired, of this about 76 acre 06 ¾ guntas is dry land and 02 guntas plantation and 1 acre 09 guntas is kharab land. As a result of land acquisition and related impacts 681 PAFs will lose part of their land; and another 298 PAFs lose their house hold/commercial/ assets /livelihood. In addition, 156 community assets will also be affected. Out of these impacts, 232 PAFs are in the major impact category losing their houses/shop and livelihood and 753 PAFs in the minor category who loses only part of their land or assets and the remaining land and assets is sufficient to continue their shelter and livelihoods. A baseline survey was conducted amongst the affected people which indicated that a large majority of them are Hindus(77.72 percent), followed by Jains at 6.35 percent and Muslims at 3.81 percent. Distribution of PAPs by occupation indicates that percent are in agriculture; agricultural labourers account for 5.58 percent; commerce and trade supports percent. In this package percent of population has income less than Rs.26, percent of the population falls within the age group of 18-60, which happens to be the working age group. In this package illiterate population accounts for percent; those with primary education account for percent and those with secondary education account for percent. Public consultations were held at 4 important locations in this package in November 2008 and November 2007 and 256 persons participated in these consultations. The consultations focused on mainly in explaining the entitlements under the R&R Policy and measures taken to minimize the impacts and receive the suggestions from participants. The consultations have helped in not only in disseminating the policy provisions to deal with land acquisition related impacts, but also assisted in gathering suggestions for mitigation of adverse impacts, improvements in designs and facilitating inputs for resettlements plan preparation and implementation. During Consultations, a number of issues have been raised. One of the main issues is the shifting of water pipelines in this package. This issue is under the process of being resolved by the PIU; in another instance people have asked for over-bridges in all sensitive areas, however such requests would have been considered if technically feasible; another issue of temples being affected has been addressed by relocation if it is not possible to retain the temple; other cases where people said that the affected house/land is under litigation and wanted to know how the project would deal with it, such cases will be dealt on a case to case basis during implementation; other issues raised were people wanted to know about the entitlements. Besides this, safety concerns have been addressed by building footpaths in built up area, providing footpath barricades, school/village signages, rumble strips and road humps. The key potential issue is the shifting of the pipelines, which is being resolved by the PIU. Besides there are realignments proposed to minimize impact, such as in Belagalli village. There are 6 1

8 cross section options adopted in this package to minimize impacts, the COI width varies from 11 m to 26 m. The GOK has adopted the Resettlement and Rehabilitation (R&R) Policy for KSHIP- II consistent with NRRP, 2007 and World Bank Policy on Involuntary Resettlement to address adverse impacts arising out of this project. Land Acquisition will be done through the Karnataka Highways Act Land acquisition under this Act will help the PAPs to receive the market price/replacement cost of land as compensation is negotiated through negotiations. Negotiation Committee has been constituted to negotiate the price of land with the landlord. The minimum negotiated price will be twice the current guidance value for Bagalkot and Belgaum districts. Some of the entitlements include payment of compensation through negotiation according to the Karnataka Highways Act, 1964; additional compensation for those becoming marginal farmers; grant for replacement of cattle shed; alternative house or developed plot +construction cost for those losing house; additional 25% compensation for partially affected structures towards reconstruction; support for purchase of income generating assets; rental allowance for affected tenants; and support for non-title holders to provide alternative houses or developed plot; construction cost; support for providing alternate shop or income generating asset to those who are losing commercial structures; employees losing livelihood will be given a onetime payment; vulnerable groups including physically challenged and those above 60 years will be assisted to get Government pension, if they are eligible or given a lump sum amount as assistance; and all community assets will be replaced and reconstructed. This RIP will be implemented by Karnataka PWD-PIU Social Development Resettlement Cell with support from the NGO - BIRDS (Bijapur Integrated Rural Development Society). The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. The Special Deputy Commissioner, Land Acquisition, will be responsible for land acquisition activities while the Chief Administrative Officer will be responsible for all Resettlement and Rehabilitation works. A Grievance Redressal Cell with 3 members is constituted with Deputy Commissioner of the District as the Chairman. An independent agency viz., Samaj Vikas has been hired for Monitoring and Evaluation support. The SDRC, PIU will facilitate land acquisition and compensation, relocation and resettlement, distribution of assistance for the PAPs. WAP 2 will be implemented by KHSIP Division, Belgaum. The SDO and SWIs appointed for the Belgaum division will take care of R&R activities of this package. The civil works for this package is likely to commence in December The R&R and land acquisition is targeted to be completed by August Implementation activities include land acquisition process, relocation and rehabilitation and monitoring. The budget estimated for land acquisition and R&R activities for this package is Rs Crores which forms a part of the overall budget approved by the GoK. All cash allowances to be paid to the PAPs is adjusted for inflation for and those who receive the assistance beyond April 2013 will further be adjusted by 10% as needed. This RIP will be disclosed through public consultations, Government of Karnataka/PWD Website. In addition, copies will be kept in: (i) State Government Library at Bangalore; (ii) - District library of Belgaum and Bagalkot districts; and (iii) in the Panchayat offices along the project roads. 2

9 I INTRODUCTION 1. The Karnataka State Highways Improvement Project (KSHIP) II Phase-I covers a length of kms. In this connection a detailed Resettlement Action plan has been prepared in consultation with the affected persons, PIU and other stakeholders. This document includes, among other things, legal frame work and Resettlement Policy Provisions, Land acquisition and compensation payment, Social impact assessment and base line Socio-Economic characteristic and the implementation arrangement. The Government approved the Resettlement Action plan vide its order dated 28 th July This has been published in the PWD web sites in the month of August This Resettlement Implementation Plan outlines the steps for resettlement and rehabilitation of PAFs/PAPs losing their land and structures and relocation of community assets for WAP Contract package WAP 2 covers 108 kms consisting of 4 links. The details about the package are given in Table 1.1. In the Annexure, the lists of those losing structures are provided, which are enumerated in and verified by NGO in Details of those losing land are given in the Notifications issued under Section 15 of the KHA. The list of vulnerable people will be subsequently prepared and assistance extended as needed. Any additional people moved into the ROW after the cut-off date and are not served notices subsequently will be identified through additional verification by 31 st July The question of extending assistance to them will be examined on case to case basis. In case of those who are mobile type of shop will not be provided any assistance since, they keep on changing on regular basis and they can easily find another alternative place to continue their petty business provided after verification. Table 1-1: Package Details Link Description Length Districts Taluks Cutoff date 19A Mudhol Mahalingapura B Mahalingapura Kabbur Bagalakot Mudhol Bagalkot, Belgaum Mudhol, Raibagh, Chikkodi C Kabbur - Chikodi D Chikodi - (NH-4 cross) Nippani Belgaum Chikkodi Belgaum Chikkodi WAP 2 falls within the Northern Karnataka Plateau. Northern Karnataka Plateau comprises of the districts of Belgaum and Bagalkot. It is largely composed of Deccan Trap. It represents & monotonous treeless extensive plateau landscape with a general elevation of 300 to 600 meters from the mean sea level. However the river plains of the Krishna, the Bhima, the Ghataprabha and the Malaprabha with the intervening watersheds, the step like landscapes, lateritic scarpments, residual hills and ridges break the monotony of this extensive plateau. The general slope is towards east and 3

10 this region is largely covered with rich black cotton soils (Expansive Soil). In this region, major crops grown are Tobacco, Sugar cane, Jawar, Sunflower, Toor, Groundnut, Soya bean and maize 4. The entire package is regarded as a single milestone. All the R&R and land acquisition has to be completed at the time of handing over of package to the contractor. 5. In this package 77 acres 17 ¼ guntas land has to be acquired, of this 76 acre 6 ¾ guntas is dry land and 02 guntas is plantation land and 1 acre 09 guntas is kharab land; there are 298 PAFs whose house hold/commercial structures/ assets/ livelihood is getting affected and 681 PAFs losing land;. There are 165 community assets getting affected. The PAPs listed in this RIP is as recorded during the cut-off date and further verified by the NGOs. 6. There are no major issues related to land acquisition and resettlement identified in this package. Objectives of RIP 7. The objective of this RIP is to provide a package specific guideline for implementation for R&R activities. The implementation plan identifies the persons affected, the type of entitlements to be provided for specific losses, what are the steps that will be adopted in getting compensation, details of members of the Negotiation Committee and the GRC members in the package, time table and steps to be taken by the PIU for protecting right ROW. Overall it provides how the RAP will be implemented in this particular package. Main activities of RIP 8. The main activities to be carried out in finalizing the RIP includes, Joint verification, distribution of ID cards, identification of sites for relocation, identification of income generating options, identification of vulnerable people who are not getting any assistance from Government, identification of resettlement centers and vendor markets, negotiations for land acquisition, payment of compensation, relocation and shifting of community assets. The members of the GRC and Negotiation committees have to be identified and informed, as mentioned in the RIP. The RIP after finalization will be disclosed Link 19A 19B 19C 19D Description Mudhol Mahalingapura Mahalingapura Kabbur Kabbur - Chikodi Chikodi - (NH-4 cross) Nippani Table 1-2: Summary Tables on Impacts Land Major Impact Minor Community LA Pvt Transfer Impact Assets / / / /

11 Minimization of Impacts and Corridor of Impact 9. There are 6 cross section options adopted in this package to minimize impacts. The COI width varies from 11 m to 26m. Besides this, safety concerns have been addressed by building footpaths in built up area, providing footpath barricades, school/village signages, rumble strips and road humps. The different cross sections used are: 1. UR1A Rural Cross section with paved shoulders varying from m 2. UR2 Rural Cross section through village width varying from 11m to 22m. 3. UR3 Urban Cross Section in built up area with covered drain with a maximum width of 22m 4. UR4 Urban Dual lane Cross section in built up area with covered drain with a maximum width of 24 m. 5. UR6 Rural Cross section in hilly terrain 6. UR7 Rural cross section cutting 5

12 II. LAND ACQUISITION AND RESETTLEMENT IMPACTS 10. This chapter provides an overview of the extent of land acquisition and the process of land price negotiations and details of documents to be submitted. It also provides the impacts of the project on community assets. 11. In this package 77 acres 17 ¼ guntas land has to be acquired, of this 76 acre 6 ¾ guntas is dry land, 2 guntas is plantation and 15 acres 1 acre 9 guntas is kharab land.. The details of the PAFs losing land is given in Notification issued under section 15 of the KHA 1964 in connection with land acquisition. There are 199 PAFs who are losing 5 guntas and more of agricultural land. Land Acquisition Status 12. The Notifications under Section 15 under the KHA for WAP 2 is as follows: A: PWD :139: EAP : 2011, Bangalore, dated ; B: PWD :140: EAP : 2011, Bangalore, dated ; C : PWD :141: EAP : 2011, Bangalore, dated ; D: PWD :142: EAP : 2011, Bangalore, dated Guidance Value 13. The Guidance Value of land for different categories of land, for the villages along the project road is given in Annexure 1 are as of July This guidance value will be referred to by the Negotiation Committee. 14. The rates will be revised annually by 10% on the 1st of April every year, in case Government has not revised it. The guidance value varies from a minimum of Rs. 40,000 per acre in Kothalli village in Chikkodi Taluk to Rs 3,03,000 per acre in Nippani village in Nippani Taluk.. Negotiation Committee 15. The Replacement Cost of land for consent award will be determined by the Negotiation Committee. In this package the Negotiation Committee has been constituted vide GO PWD 215 EAP 2007 dated This Committee consists the following members: 1. Assistant Commissioner of the concerned Sub Division : Chairman 2. Assistant Commissioner of KSHIP : Member Secretary 3. Executive Engineer KSHIP Division, : Member 4. Zilla Panchayat Member of the concerned jurisdiction : Member. 16. The details about the committee members will be updated by 30 th June

13 Method of Price Negotiation 1. The concerned Land Acquisition officer who is the member secretary of the Negotiation Committee will call for a meeting; 2. Dates for price negotiation will be given village wise. Negotiation will be conducted village wise calling all the land losers together for negotiation. This is to ensure transparency. 3. The PIU will provide information on the guidance value of the land to land losers before Negotiations. 4. The minimum negotiated price will be twice the current guidance value for Bagalkot and Belgaum districts. 5. The Negotiation Committee will negotiate the price with the landlord; 6. Based on the decision of the Negotiation Committee the Special Land Acquisition Officer will initiate action to collect documents after obtaining the approval of competent authority in the PIU. 7. Compensation will be given within 30 days of receiving all the necessary documents by the Special LA officer. In case of delay, 9% interest will be given to the beneficiary upto a period of one year and after which, it will be increased to15%. (This is as per the provisions of the LA Act). 8. On approval of the award by the Special DC or PD, the Special Land Acquisition Officer will make the payments accordingly. 9. Possession of Land will be taken vide Section 19, which will be only after the payment of compensation. Records to be submitted by the Land Owners 17. As soon as Notification u/s 19 is issued, the NGO shall collect the following documents in respect of lands to be acquired, before inviting for negotiations. 1. Original copy of RTC for current year; 2. Original or attested copy of mutation in respect of land and Khatha Certificate in respect of site / building; 3. Encumbrance Certificate for 13 years; 4. No Tenancy Certificate and Certificate regarding 79A, 79B and 66; 5. Bank Account details; 6. Land holding / small / marginal farmers Certificate whenever necessary; and 7. G. Tree. After negotiations, the NGO shall collect the remaining documents such as 7

14 1. Attested copy of Sale Deed/Partition Deed/Saguvali Chit/Regrant Order etc., to prove title of land; 2. Indemnity Bond; 3. Agreement and Affidavit and submit them to the Assistant Commissioner for processing for compensation. Any fees incurred by the NGO in obtaining the documents shall be reimbursed by the Executive Engineer of the Division Failure of KHA and Appellate Committee 18. Even after the minimum negotiation price as per the RAP is offered and the land owner does not agree for it, then the negotiation will be treated as failed and award will be passed as per the general LA Act. The price offered and the price demanded by the land owner in such cases will be recorded in the proceedings. The provisions of the LA amendment bill will be followed when they come into force. Valuation of assets on land under LA 19. The valuation of structures and other assets will be carried out by Government approved Valuators appointed by the Executive Engineer in consultation with PIU. Valuation will be done on the basis of current PWD Schedule of Rates, without depreciation. Based on the valuation, another 30% will be given as top up to those who come forward for consent award. Trees will be valued by the Agriculture/Horticulture/Forest Department. Valuation of Crops 20. Crop loss will be compensated based on the valuation done by the Agriculture/Horticulture Department. Valuation of other structures/assets 21. The valuation of structures and other assets will be carried out as mentioned above. However, this will be verified and approved by the concerned Executive Engineer. Site Requirement for Residential and impacts 22. Actual requirement of sites in each package, has been indicated in the Joint Verification report of NGO. In this package 13 sites are required for non - titleholders. Verification for titleholders is under progress. As for as possible, Government land will be identified for formation of sites and allotted to the eligible PAFs/PAPs. Where Government land is not available then the PIU, KSHIP shall examine alternatives such as - cash in lieu of sites or purchase of private land - on case to case basis, based on local factors. Loss of Community Assets 23. In the contract package WAP 2, 165 community Assets getting affected. 8

15 Table 2-1: Summary Table on Community Assets Sl. Type of Community Asset No 1. Temple/Shrines Aralikatte 2 3. Bus Shelters Hand Pumps MWS/Water supply tanks Borewells Others 46 Total All community assets on Government land will be shifted by PIU. All assets on private land will be shifted with assistance of NGO. 25. For Temple/shrine, Aralikatte, new site has to be identified by NGO in coordination with SDO/SWIs at the Divisional level. This site should be a Gramathana land or land given as donation. For land that is donated the concerned Engineer has to take a site consent letter from the donor of the site in prescribed format which will be prepared by NGO. The format will have Donor name and address, Site details(survey nos, place, boundary) with measurement, the signatures of atleast 3 persons from the village is necessary on the letter for evidence. The donor has to also sign on the consent letter. The letter will be submitted to the Executive Engineer of the division. The EE will then have to construct the new community structure/temple/shrine/ Aralikatte etc. After the construction of the new structure the SDO/SWIs and NGO will jointly convince the concerned village people to demolish the existing structure, and shift the activities to the new place. 26. Bus shelters, Hand pump, MWS tanks, Bore wells and other community assets will be relocated and reconstructed. The KSHIP divisional staff will be taking necessary action with assistance of SDO/SWIs. The chainage wise community assets details are given in Annexure 6. 9

16 III. BASELINE CENSUS SURVEYS AND CONSULTATIONS Characteristics of displaced households 27. This chapter outlines the characteristics of displaced households. As a part of the project, a census survey of Project Affected Families / Persons (PAFs and PAPs) was carried out in the month of Dec.2007-Nov The findings of the census survey provided the magnitude of social impacts on the PAFs and PAPs. In this chapter, baseline socio-economic analysis has been done separately for the major impacted families. 28. Among religious groups, Hindus dominate with percent followed by Jains at 6.35 percent and Muslims at 3.81 percent. Distribution of PAPs by occupation indicates that percent are in agriculture; agricultural labourers account for 5.58 percent; commerce and trade supports percent. In this package percent of population has income less than Rs.26, percent of the population falls within the age group of 18-60, which happens to be the working age group. In this package illiterate population accounts for 24.07; those with primary education account for percent; those with secondary education account for percent. Average land holding size is 5.36 acres. A look at the ownership of household assets indicate percent own televisions; percent own 2/4 wheelers; percent own cooking gas; while only 8.48 percent own refrigerators. Some of the baseline parameters identified for those with major impacts are given in the table below. The details of the PAPs losing structures are given in Annexure 2,3.4.and 5. Table 3-1: Baseline Socio Economic information - for Major impacts (232) 1. Losing total house Average area sq.m 3. % of houses electrified 2.15% 4. % of houses having water supply 0.11% 5. Average earning Rs. 39,811/- 6. % of earners 26.78% 7. % of PAPs earning less than Rs.26,000* 14.58% 8. Average land holding (A-G) 5.36 Acres 9. % of Farmers having less than 2.20 acres of holding 28.30% 10. % of PAPs in agriculture 2.03% 11. % of PAPs working as agriculture labour 1.24% 12. % of PAPs in the service sector 0.34% 13. % of PAPs in Commerce and Trade 25.31% 14. Loss of commercial structures Type of commercial structure 1 Pucca 3.20% 2. Semi pucca 12.79% 3. Kutcha 84.02% 16. Average area of commercial structure 6.73 sqm 17. Type of shops affected (majority) 1. Pan/cigarette 34.25% 2. Tea shop/hotel % 3. Barber % 18. Average monthly turnover of shops 1. Rs.13, Ownership of Household assets 1. Television % 2. Refrigerator 5.17% 10

17 3. Telephone 16.38% 4. Cooking Gas 20.26% 5. 2/4 wheeler % Note : * Rs.26,000 has been taken as the cut off for BPL Major and Minor Impacts 29. The list of major and minor impacts for this package is given below. Table 3-2: Distribution of PAFs by Major and Minor Impacts for WAP 2 Sl. Extent of Loss Owner Tenant Encroacher Total Major Impact 1 Losing Total House Losing Total Com. Struc Losing Total House and Com. Struc Tenants Losing Total Livelihood Total Major Impact Minor Impact 1 Losing only Part of House Losing Part of Com. Struc Losing Part of House and Com Struc. 1 4 Partial Plot Total Boundary Wall Partial Boundary Wall Total Cattle shed Farmers Others Total Minor Impact Total (Major & Minor Impacts)

18 Figure 1-1: Distribution of PAFs for Package WAP2 Figure 1-2: Distribution of PAFS by Major Impact for Package WAP 2 Vulnerable groups 30. Based on the Census survey, there are 1115 PAPs who come within the purview of vulnerable group. The categories include 185 widows; 828 persons above the age of 60 and 102 persons with disabilities. However this is only an enlistment of all persons coming under the vulnerable category. Only after verification by the NGO it will be confirmed whether these people are vulnerable. If so it 12

19 will be verified further whether they are already receiving pension / assistance from the Government. If the person is already receiving pension / assistance, then this offer will not be extended. Only after such verification will the person be entitled to assistance under this category. li Consultations 31. Four consultations were carried out in this package. The outcome of the consultation are summarized below Table 3-3: Consultation Summary Section Details Issued Raised Response of project Authority 19A Date: People wanted to know the road formation It was informed that outside the village limit 11 mt. from the existing center line and within width in village limit and outside. Place: Ranna village limit 8 mt. from the existing center line, and also informed that the proposed road People wanted to know whether equal widening design have prepared on the basis of field of is possible within village limits condition. Participants: 53 People asked to construct over bridge in It was explained that if existing road was school, hospital and religious sensitive places. straight it will take both side equally from the It was also informed that about meters of panchayat water supply pipeline will get center, in the curve situation as per availability of width will considered. affected. The people wanted to know who will take responsibility to shift the pipeline People losing their commercial structure wanted to know what assistance will be given by the project A likely affected Tenant wanted know what is the provisions making in the project for tenants BPL squatter losing their house asked for alternative site and construction cost of the house from the project. People wanted to know what provisions are there for community assets getting affected. There were two temples which the people did not want the project to affect. The Mahalingeshwara temple and Mallikarjuna temple Mahadwara in belagali village It was informed that all type of public utilities including water supply pipeline will be shifting by project authority before execution of civil work It was informed that the project will provide 10x15 commercial site for each BPL commercial squatter PAF accordingly project policy. If more than 20 BPL commercial squatter PAF s are going to affect within 2 km project authority will construct commercial complex and allotted the rooms for them. It was informed that if any legal tenant is going to be affected in this project those who will be getting three month rental allowance which is determined by project policy. It was explained that all the residential BPL squatters will be getting EWS houses and shifting and subsistence allowance from the project As for as possible we try to retain the temple and other community assets as it is, in case it is not able to save that assets panchayat people would identify the alternative land/site outside of COI in your village limit, after that project authority will construct better Temple and all the community assets. 19 B Date: Place: He wanted to know the PWD road boundary and new road formation width in village limit and outside It was informed that according to Karnataka State highway Gazette PWD boundary is in village limit is total 30 mt. and outside the 13

20 Section Details Issued Raised Response of project Authority Kankanawadi village limit total 45 mt. The new road of Participants: 58 He was asked if owner structure is getting affected how to fix the compensation rate. He is losing his commercial shop. He asked after getting the assistance from the project, whether he can shift to remaining PWD land or out ROW He asked if any private trees will getting affected weather project will compensate or not. She is losing her residential house and she asked alternative site and house as compensation. He is a Tenant PAP, he wanted know what the provisions in the project are for tenants. formation width is outside the village limit 11 mt. from the existing center line (Total 22mtr)and within village limit 8 mt. from the existing center line(total 16 mt.), and also informed that the proposed road design have prepared on the basis of field condition It was explained that if any owner structure will getting affected in this project authority will make valuation as per current PWD SR rate for structure, and site cost valued by project price fixation committee negotiation on basis of local sub-registrar guidance value It was informed that if he receives assistance then he should shift out of ROW. It was informed that any type private trees will affecting by project compensation would be given accordingly agriculture department valuation. It was informed that project authority will give EWS house for BPL residential squatters It was informed that if any legal tenant is going to be affected in this project those who will be getting three month rental allowance which is determined by project policy. 19 C Date: Place: Nagaramunnoli of Participants: 32 What to do when the Temple, Community assets are affected in the village? And he asked to people to give cooperation to project implement officials. He asked if panchayat water supply pipeline will getting affected, who will take responsible to shift the pipeline He is losing his commercial shop. He asked what type compensation will be paid by project. He is losing his commercial shop. He asked more compensation because no site will not available for Rs in their village He asked if any private trees will getting affected weather project will compensate or not? As for as possible we try to retain the temple and other community assets as it is, in case it is not able to save the assets panchayat people would identify the alternative land/site outside of COI within village limit, after that project authority will construct the affected Temple and any other affected community assets. It was informed that all type of public utilities including water supply pipeline will be shifting by project authority before execution of civil work. The project will provide alternate IGA or a shop It was informed that this matter will bring to notice to higher authority after that they will take decision It was informed that any type private trees will affecting by project compensation would be given accordingly agriculture department valuation It was informed that if any legal tenant is 14

21 Section Details Issued Raised Response of project Authority He is a Tenant PAP, he wanted know what the going to be affected in this project those who provisions in the project for tenants. will be getting three month rental allowance which is determined by project policy What to do when the Temple, Community assets are affected in the village? He demanded upto Rs for commercial site purchase for commercial squatters.and he asked to people to give cooperation to project implement officials As for as possible we try to retain the temple and other community assets as it is, in case it is not able to save that assets panchayat people would identify the alternative land/site outside of COI in your village limit, after that project authority will construct better Temple and all the community assets. More assistance for commercial squatters matter will be reported to higher authority for consideration. 19D Date: Place: Pattankudi of Participants: 113 People asked for proper compensation and also wanted to know the mode of compensation. People wanted to know the road cross sections and how compensation would be paid. A Handicapped person losing her shop wanted to know what additional assistance would be provided to her. In Nippani Town the people requested the COI to be reduced to 9 mts on either side of the centre line. An affected person had just taken a loan to build his house, which is likely to get affected. He wanted to know how he would be compensated. Another point raised was a person losing his agriculture land; his land is under dispute and the matter is pending in court; he wanted to know how the project would compensate him. Another affected person losing open land wanted to know whether the project would give another site as compensation. The project will pay compensation for agricultural land according to KHA. Structure compensation will be according to the current PWD SR. Assistance for squatters will be according to the Project Policy. Handicapped persons will be provided assistance according to Project Policy and RAP. The cross section at Nippani will be looked into. If a person s house has been affected by the project he will get compensation according to the project policy. For cases pending with the court, the matter will be looked onto on case to case basis during implementation and will be taken up with the DCs office. It was explained the project did not have an option of land for land. But compensation will be paid for any land acquired by the project. 15

22 Institutional Arrangements IV. IMPLEMENTATION MECHANISMS 32. This chapter outlines the implementation mechanism specifically for this package, including the tasks of the NGO and the GRC. It also outlines the assistance to be paid to affected persons and provides the tasks to be completed before the start of civil works. 33. The SDRC, PIU will facilitate land acquisition and compensation, relocation and resettlement, distribution of assistance for the PAPs. The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. WAP 2 will be implemented by KSHIP Division, Belgaum. The SDO and SWI appointed for the Belgaum division will take care of R&R activities of this package. The SDRC will be supported by the NGO for implementation of RAP. Extending R & R Assistance to PAPs. 34. R& R assistance will be disbursed according to the R&R Policy. The NGO will verify the PAPs and ensure that they get the assistance in accordance with their entitlements. The entitlements given here are accurate as far as possible, however, because only preliminary notification for land losers has been given at this stage, the exact details about entitlements need to be updated at the time of paying R&R assistance. The cash allowances are updated for and will be further adjusted as needed for and beyond. The exact number of disbursements made for each year will be computed after all assistance is given. The annually revised amounts are mentioned in the Implementation Manual. Entitlement Category 1a Category of loss 681 PAF losing land 35. Table 4-1: R& R Assistance Entitlement Negotiation as per Karnataka State Highway Act, 1964; Amount equivalent to current stamp duty and registration charges on compensation amount; **Additional 25% compensation in case remaining land is severed; Crop/tree damage compensation as assessed by concerned Departments; *In case land owners becomes landless or marginal families, the following additional entitlements will be offered: (a) subsistence allowance of Rs.36,300 for land less and marginal; and, (b) assistance for creating Income generation asset valued upto Rs.90,750 for those becoming marginal farmers and landless only; Additional amount of Rs.24,200 1 will be restricted to those who loose narrow stretch of land as additional compensation in lieu of all other benefits. Additional amount of Rs 24,200 to those who 1 Narrow stretch of land is defined as persons losing upto 5 guntas of land. *These entitlements will be applicable only when the farmers submit the landholding/ marginal farmer document, and if found applicable. ** This will be verified after Section

23 Entitlement Category Ib 1b Ic 1c Category of loss 3owners losing total residential structure 1owner1 losing partial residential structures 2 owners losing commercial structure 1owner PAFs losing partial commercial Entitlement lose more than a narrow stretch and are not eligible for any other additional benefits. *For those becoming landless and all marginal farmers training assistance will be provided for income generating vocational training and skill upgradation options as per affected persons choice ; Employment opportunity for affected persons as per his skills and availability of suitable work in road construction work. Compensation at current PWD scheduled rates without depreciation and 30% solatium Alternative houses in resettlement colony or developed plot 2 and construction cost of Rs. 60,000 linked to construction progress. Shifting assistance of Rs. 12,100 Subsistence allowance of Rs. 36,300 Compensation at current PWD scheduled rates without depreciation and 30% solatium Additional 25% compensation for partially affected structures towards reconstruction Compensation at current PWD scheduled rates without depreciation and 30% solatium Alternative shop or assistance for income generation asset valuated upto Rs. 90,750 Shifting assistance of Rs. 12,100 Subsistence allowance of Rs. 36,300 Compensation at current PWD scheduled rates without depreciation and 30% solatium Additional 25% compensation for partially affected structures towards reconstruction 1a IIIa IIIb 4 owners losing cattle shed 7 s losing residential structure 213 losing commercial structures A grant of Rs. 15,000 for replacement of Cattle shed; House in resettlement colony or developed plot and construction cost of Rs. 60,000 linked to construction progress. Subsistence allowance of Rs.15,000; Shifting Allowance of Rs Alternative shop of 100 sq.ft or assistance for income generation asset value upto Rs. 36,300; Subsistence allowance of Rs.18,150 Shifting Allowance of Rs. 6,050 A grant of Rs. 15,000 for replacement of Cattle shed; 1encroacher losing cattle shed 16 losing This needs to be further verified partial assets IIIc 57 encroachers Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation 2 Developed plot will be restricted to those who do not have any homestead land. 17

24 Implementation support by NGOs 36. The work of the NGO will include consultations and counseling of PAPs, encouraging PAPs for productive utilization of compensation and rehabilitation grants, facilitating PAP access to income generating assets, increasing the social acceptability, ensuring effectiveness of training programs organized for PAPs electing participation in self employment schemes etc. 37. The NGO will work as a link between the PIU - SDR Cell and the affected community. For this section the NGO is: BIRDS (Bijapur Integrated Rural Development Society). The division office of this NGO is located in Dharwad. They will educate the PAPs on the need to implement the Project, on aspects relating to LA and R&R measures and ensure proper utilization of various compensations extended to the PAPs under the R&R entitlement package. The tasks of the NGO will be to facilitate the resettlement process. The responsibilities of the NGOs include 1. Identification, verification and updating of PAP Census, includes verification of properties of PAPs and estimation of their type and level of losses; 2. Educate PAPs on their rights, entitlements, and obligations under the RAP; Assist the PAPs to identify suitable alternate land for resettlement purposes; 3. Preparation and Distribution of Entitlement cum Identity Card. All eligible project affected families will be issued Identity Cards, giving details of the type of losses and type of entitlements. 4. Ensure that PAPs receive their full entitlements; Where options are available, the NGO will provide advice to PAPs on benefits of each option; Ensure proper utilization by the PAPs of various compensations available under the R&R package; Assist the PAPs in getting benefits from various government development programs; 5. Rehabilitation of Affected Families and restoration of Income and Livelihood. The NGO will help the communities derive maximum benefits out of the project without losing their livelihoods and the least impact on socio-cultural aspects of their lives. 6. Assist PAPs on grievance redressal through the established system; and 7. Will relocate PAPs. Assist PIU in making arrangements for the smooth relocation of the PAPs; No Physical relocation from agriculture land, residential units, commercial establishments or other immovable properties will begin before alternate arrangements are made. 8. Any other responsibility that may be assigned by the PIU for the welfare of the affected communities. 38. In order to carry out the above tasks, NGO staff will be stationed in the site office at Nippani. Besides contacting the PAPs on an individual basis to regularly update the baseline information, group meetings and village-level meetings will be conducted by the support agency on a regular basis. The frequencies of such meetings will depend on the requirements of the PAPs but should occur at least once a month. The support agency will have to encourage participation of individual APs in such meeting by discussing their problems regarding LA, R&R and other aspects relating to their socio-economic lives. Such participation will make it easier to find a solution acceptable to all involved. 18

25 IR Activities 39. There are two types of IR activities, i.e. short term and long term. Process of identifying income generating options for those losing commercial structures is under progress. 40. Short Term IR activities: Short-term IR activities mean restoring APs income during periods immediately before and after relocation. For this, the NGO shall ensure that: compensation and R&R assistance as provided in the entitlement matrix such as subsistence allowance and shifting allowance are provided to the PAPs. Other works of the NGO include facilitating employment to the PAPs in the project construction activities, depending on their skill and other allied activities. 41. Long Term IR Activities: This includes provision of shops for those losing their total livelihood to re-establish their commercial activities. It also includes providing of a shop plot in a commercial block or purchase of income generating assets upto Rs.36,300 in case of commercial squatters. 42. The steps to be followed for income restoration include: Step 1: Identification of Target Groups NGOs need to identify the affected persons; Step 2: Identification of IR Activities - Prepare a list of possible and feasible income restoration options. While identifying IR options, the following factors shall also be considered: (i) Education level of APs; (ii) Skill possession;(iii)likely economic activities in the post displacement period; (iii) Extent of land left; (iii) Suitability of economic activity to supplement the income; (iv)market potential and marketing facilities. Based on socio-economic characteristics and options preferred by APs, the NGO may have to re-assign trades to PAPs. Options include (i) petty trade (iii) skill related schemes and loans for pumps, bore wells, bullock carts etc to increase productivity. The NGO will assist PAPs in identifying appropriate alternative economic rehabilitation schemes through counseling and consultation. Step 3: Training: Option for training for skill enhancement for those losing their livelihood has been provided in the Entitlement Matrix for owners losing commercial structure and employees losing their livelihood. Step 4: Identification of Trainers / Training Institutes: Based on trades selected, NGO shall have to identify master trainer and/or training institute for different trades / activities who can provide on the job training. Step 5: Training Arrangement: NGO shall make different groups of PAPs as per trades selected and make all the arrangements such as fixing the venue etc. Step 6: Monitoring of APs: After training the NGO shall monitor the PAPs in order to take mid-term correction measures, if required. Monitoring and Evaluation support for RAP 43. An external monitoring and evaluation agency, Samaj Vikas, has been appointed to concurrently monitor and evaluate R&R activities on periodical basis with NGOs. The role of such an agency will facilitate process of R&R and thus provide support in the proper implementation of rehabilitation programmes. And the M&E Consultant will ensure and certify that the stretch is free from all encumbrances related R&R measures, at every stage prior to issue of bids, prior to signing concession agreement, prior to appointed date and prior to hand over of the second Milestone stretches to the developer. The end evaluation will be carried out through independent consultants not associated with the implementation as to how the R&R objectives are realized and the changes 19