KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT RESETTLEMENT AND REHABILITATION POLICY DRAFT PRINCIPLES AND POLICY FRAME WORK NOVEMBER 2009

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1 KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT RESETTLEMENT AND REHABILITATION POLICY DRAFT PRINCIPLES AND POLICY FRAME WORK NOVEMBER 2009 PROJECT DIRECTOR PROJECT IMPLEMENTATION UNIT KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT PWD ANNEXE BUILDING 1 ST FLOOR, K.R. CIRCLE BANGALORE

2 AC ADSW APL BP BPL CAO CPO CPR COI DC DPR EIA EWS FGD GOI GOK GRC HPCFRRI HDM ID IPDP IR ITI KHA KSHIP LAA LAO LAP MCA MRR NH NGO NPRRP OP PAF PAG PAP PIU PGB PHC PWD PU PGB RTC R & R ABBREVIATIONS Assistant Commissioner Assistant Director Social Welfare Above Poverty Line Bank Policy Below Poverty Line Chief Administrative Officer Chief Project Officer Common Property Resources Corridor of Impact Deputy Commissioner Detail Project Report Environmental Impact Assessment Economically Weaker Section Focus Group Discussion Government of India Government of Karnataka Grievance Redressal Cell High Power Committee for Redressal of Regional Imbalances Highway Design Module Identity Card Indigenous People Development Plan Income Restoration Industrial Training Institute Karnataka Highways Act Karnataka State Highways Improvement Project Land Acquisition Act Land Acquisition Officer Land Acquisition Plan Multi Criteria Analysis Manager Rehabilitation &Resettlement National Highway Non-Governmental Organization National Policy on Resettlement & Rehabilitation Policy Operational Policy Project Affected Family Project Affected Group Project Affected Person Project Implementation Unit Project Governing Body Primary Health Center Public Works Department Pre University Project Governing Body Record of Rights Rehabilitation and Resettlement 1

3 RAP ROW SIA SDO SDRC SWI SC SR ST SHG SIA ToR UR WAP WEP ZP 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 Social Impact Assessment Terms of Reference Upgradation World Bank Annuity package World Bank Engineering Package Zilla Panchayat 2

4 GOVERNMENT OF KARNATAKA KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT RESETTLEMENT AND REHABILITATION DRAFT PRINCIPLES AND POLICY FRAME WORK GLOSSARY OF RESETTLEMENT & REHABILITATION TERMS a. Agricultural land means lands being used for the purpose of :(i) agriculture or horticulture; (ii) raising of crops, grass or garden produce; and (iii) land used by an agriculturist for the grazing of cattle, but does not include land used for cutting of wood only; b. Assistance refers to the support provided to PAPs in the form of ex-gratia payments, loans, asset services, etc. in order to improve the standard of living and reduce the negative impacts of the project. c. Bagar Hukum land means government land which has been allotted to a landless person/farmer by the Government decided through a Taluka level committee, without any legal title. d. Below poverty line or BPL Family means below poverty line families as defined by the Planning Commission of India, from time to time, and those included in the State BPL list in force; for the purpose of monitoring the impacts of the project on the living standards of the project affected persons BPL cut-off of Rs.26,000 has been used. e. Compensation refers to the amount paid under The Karnataka Highways Act, 1964 and The Karnataka Highways Rules, 1965, for private property, structures and other assets acquired for the project. It refers to the amount as given in the Entitlement Matrix for the project. f. Cut off Date: the date of Notification under Section 15 of Karnataka Highways will be the cut off date where the land acquisition will be required. In case of squatters and encroachers and unauthorized occupants the date of socio-economic survey will be considered as the cut off date for entitlements under the project. g. Encroachers are those persons who have extended their building, business premises or work places into government lands. Assistance will be provided to these persons, based on their loss. h. Family includes a person, his or her spouse, minor sons, unmarried daughters, minor brothers, unmarried sisters, father, mother and other relatives residing with him or her and dependent on him or her for their livelihood; and includes nuclear family consisting of a person, his or her spouse and minor children; i. Government refers to the Government of Karnataka j. Land acquisition or acquisition land means acquisition of land under the Karnataka Highways Act, 1964; k. Marginal farmer means a cultivator with an unirrigated land holding up to one hectare or irrigated land holding up to half hectare; l. Major Impacts: are those persons who loose their total house or livelihood, or those who become marginal farmers 3

5 m. Minor Impact: all other impacts which will be limited to one-time payment of cash or giving advance notice. n. Minimum Wages: The wage of a person for his/her services/labour as fixed by the Labour Bureau, Department of Labour, GOK, the minimum wages as on for agricultural labour is Rs o. Non-Perennial Crop: Any plant species, either grown naturally or through cultivation that lives for a season and perishes with harvesting of its yields has been considered as a nonperennial crop in the project. For example, paddy, sugarcane, groundnut, etc. p. Notification means a notification published in the Gazette of India, or as the case may be, the Gazette of State; q. Perennial Crop: Any plant species that live for years and yields its products after a certain age of maturity is a perennial crop. Generally trees, either grown naturally or by horticultural and yield fruits or timber have been considered as perennial crop in the project. For example, tamarind, coconut, mango, teak, neem etc. are perennial crops. r. Project Affected Family (PAFs) means- (i) a family whose primary place of residence or other property or source of livelihood is adversely affected by the acquisition of land for a project or involuntary displacement due to any other reason; (ii) any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land (including bagar Hukum or other property) in the affected area of otherwise, has been involuntary displaced from such land or other property; (iii) any agricultural of non-agricultural labourer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than five years in the affected area, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area or being involuntarily displaced for any other reason; s. Project-Affected Persons (PAPs), any persons who have economic interests or residence within the project impact corridor and who may be adversely affected directly by the project. Project-affected persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action. t. Replacement Cost of the acquired assets and property is the amount required for the affected house hold to replace/reconstruct the lost assets through purchase in the open market. Replacement cost will be calculated at PWDs current Schedule of Rates without depreciation. Replacement cost will be in line with the provisos of the Entitlement Matrix of the project. u. Severance of Land: Severance of Land can be defined of a land holding divided into two or more pieces due to acquisition of land mainly for laying new project alignment, such as a bypass or a re-alignment. v. Small farmer means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. 4

6 w. Squatter means those persons who have illegally occupied government lands for residential, business and or other purposes. They are not eligible for compensation but will qualify for assistance from the project. x. Tenants are those persons having bonafide tenancy agreements, written or unwritten, with a private property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. They are eligible for certain compensation or assistance as per the existing norms and practice. y. Vulnerable groups: persons such as disabled, widows, or persons above sixty years of age, who are not provided or cannot immediately be provided with alternative livelihood and who are not otherwise covered as part of a family. z. Women Headed Household: A household that is headed by a woman and does not have a male earning member is a Woman Headed Household. This woman may be a widowed, separated or deserted person. EXECUTIVE SUMMARY The Karnataka State Highways Improvement Project (KSHIP) II, initial priority roads cover kms. The aim of the project is to improve the performance of the State s road transport network by improving road conditions and capacity, and to improve the State s capacity to plan, develop and maintain the Karnataka roads network. The roads have been categorised in two for engineering and contracting purpose. The KSHIP II consists of kms of EPC roads consisting of 5 packages and kms of roads under annuity contract consisting of 4 packages. All these road are planned for upgradation with a 7 m carriage way. The 826.6kms of roads will serve 14 districts and 30 taluks. According to the categorization of taluks given in the High Power Committee for Redressal of Regional Imbalances Report of 2002, the KSHIP II Stage I covers (i) 8 most backward taluks (ii) 6 more backward taluk (iii) 8 backward taluks and (iv) 8 relatively developed taluks. The KSHIP II Stage I roads have been selected based on the Feasibility Study conducted by the PWD for proposed KSHIP-II. Census socio- economic surveys were conducted on the upgradation roads, for a Corridor of Impact between 16 m and 22 m keeping in view the design requirements. According to the census survey there are 3361 PAFs and PAPs. There are 266 women headed households. The 180 tribal PAFs identified. Of the total Project Affected Families (PAFs), major impact is on 1805 families, and minor impacts are on 1555 PAFs. The project will impact 1646 community structures. There is no impact on archaeological sites. All community structures will be relocated by the project authorities before demolition. The Land Acquisition Plan has been completed for the EPC packages. Land acquisition for the project is estimated at hectares of private land which needs to be acquired and 6.4 hectares of government land which has to be transferred from other Government Departments. Public consultations were held in all the packages, focusing on areas of impact due to widening, at places congestion with impacts on buildings and where major common property resources are getting affected- such as any religious structures etc. The out come of the consultations were used to prepare the Social Impact Assessment and for analysis of alternatives and minimizing negative impact of the project. Outcome of consultations were incorporated at the Policy level and through designs. 25 meetings have been held covering around 2500 participants. The consultations have helped in not only achieving the social assessment objectives, but also assisted in gathering 5

7 suggestions for mitigation of adverse impacts, improvement in designs and facilitating inputs for the resettlement plan preparation and implementation. The GOK will adopt a Resettlement and Rehabilitation (R&R) Policy for KSHIP- II to address the adverse impacts arising out of this project on the line of National Policy of Resettlement and Rehabilitation The policy adopted for the project is consistent with the World Banks Involuntary Resettlement Policy. This RAP is prepared in accordance with the stipulations and guide-lines provided in Public Works Departmental Code Government of Karnataka 1, and the project specific Resettlement and Rehabilitation: - Principles and Policy Framework for the Karnataka State Highways Improvement Project, The National Resettlement and Resettlement Policy 2007 and The World Bank Policy as given in Operational Policy In addition to the above measures, realizing the need of infrastructure development like roads in timely manner, the PWD GOK has decided to acquire the land through the legislation called The Karnataka Highways Act 1964 (KHA,1964). The KHA, 1964 provides the opportunity to acquire the land through consent award. It is expected that land acquisition under this Act will help the PAPs to receive the market price/replacement cost of land as compensation. The GOK has already initiated the process of establishing the Negotiation Committee. The role of the committee will be to negotiate the price of land with the beneficiary. The guidance value of the land will be considered for negotiation. Minimum negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Kolar, Ramnagaram, Mysore, Davangere, Belgaum and Dakshin Kannada will be 1.5 times the Guidance Value. For all the other districts other than those mentioned the minimum price will be 2 times the guidance value Some of the entitlements include payment of compensation through negotiation according to the KHA; additional 25% compensation for those becoming marginal farmers; eligibility of bagar hukum land losers; 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; income generating assets up to Rs.75,000 for those losing commercial structures; Rental allowance for tenants; non titleholders to get alternate house or developed plot + construction cost, for commercial structures alternate shop or income generating asset; employees losing livelihood will be given a one time payment; vulnerable groups including physically challenged and those above 60 years will be given a lump sum amount as assistance; and all community assets will be replaced and reconstructed. This RAP will be implemented by Karnataka PWD-PIU Social Development Resettlement Cell with support from NGOs. The Special DC LA will be responsible for land acquisition activities and the Chief Administrative Officer will be responsible for all Resettlement and rehabilitation works. A grievance redressal cell will be constituted. The grievance redressal process specifies procedures for registering and addressing complaints including appeal mechanisms. The Government of Karnataka has initiated the process of establishing a 3 member Grievance Redressal Committee (GRC) with the Deputy Commissioner as the Chairman in each project district. An independent agency will be hired for Monitoring and Evaluation support. Concurrent Evaluation will be only for mid term evaluation. End evaluation will be carried out at the end of implementation which will be done by a different independent agency. 1 The Code preparation is in progress 6

8 The RAP provides the implementation schedule which is linked to the commencement of civil works. The civil works for the first milestone will commence in December The R&R and land acquisition for milestone - 1 is targeted to be completed by November The RAP will be implemented over a period of 3 years starting from 1 st October Implementation activities include land acquisition process, relocation and rehabilitation and monitoring. Various income restoration schemes have been identified during the course of social survey and the public consultations, which have been integrated for income restoration INTRODUCTION Background 1.1. The Karnataka State Highways Improvement Project (KSHIP) II, initial priority roads cover kms. The roads have been categorised in two for engineering and contracting purpose. It consists of kms of EPC roads consisting of 5 packages and kms of roads under annuity contract consisting of 4 packages. All these road are planned for upgradation with a 7 m carriage way. Upgradation will have direct /indirect impact on the population along the project corridor. Common property resources, residential structures, commercial structures are likely to be affected. Non-titleholders within the ROW are likely to be displaced. Description of the project 1.2. The 826.6kms of roads will serve 14 districts and 30 taluks. According to the categorization of taluks given in the High Power Committee for Redressal of Regional Imbalances Report of 2002, the KSHIP II Stage I covers (i) 8 most backward taluks (ii) 6 more backward taluk (iii) 8 backward taluks and (iv) 8 relatively developed taluks. The KSHIP II Stage I roads have been selected based on the Feasibility Study conducted by the PWD for proposed KSHIP-II. The km of roads for upgradation were selected through a detailed economic, social2 (the details of selection process of roads can be seen from Social Impact Assessment report), environmental and technical criteria using the Highway Design Module programme (HDM-IV), covering 4887 kms. The location Map of the packages has been provided in Annex1.1. Table 1.1: Project Roads Contract Length Proposed Link Description of Links Package (KM) Treatment WEP1 67A Hoskote - H Cross (Hindgnala Cross) 23.5 EPC 2 Multi-Criteria Analysis and Corridor selection Selection of road corridors for inclusion in the proposed project has been determined mainly on economic efficiency criteria, using the HDM-4 model. But there are other criteria that are not included in that analysis, or not dealt with adequately. Therefore the economic efficiency ranking was modified by means of multi-criteria analysis (MCA). Two additional criteria addressing social impacts have been introduced: Redressal of regional imbalances. Improved taluk connectivity. These are important objectives of State Government policy, and road construction or improvement is one of the key means of addressing them. These objectives and the approach to accommodating them in the MCA are explained below. A third social criterion was considered: assistance to members of scheduled tribes to access essential services and enter the mainstream economy. But it was concluded that: Along the project roads the ST population is already integrated with the general population, rather than living in distinct and isolated communities. Any disadvantages suffered by the ST population were already taken into account as regional imbalances. 7

9 Contract Package WEP2 Link Description of Links Length (KM) Proposed Treatment 67B H Cross - Chinatmani Bypass (Corridor 65F Junctn) 29.0 EPC M7D Hangal Tadasa 43.5 EPC T8 Haveri (NH4) Hangal 31.8 EPC WEP3 21B Dharwad Saundatti 38.5 EPC WEP4 Tinthini - Chinchodi - Jalhalli - Karegud EPC 13A Devadurga 13B Devadurga - Masarkal - Gabbur - Kalmala 41.4 EPC WEP5 6C Chowdapur Gulbarga 29.3 EPC Total EPC Contracts WAP1 63A Malavalli Maddur 22.8 ANNUITY WAP2 WAP3 63B Maddur Huliyurdurga 27.5 ANNUITY 63C Huliyurdurga Kunigal 21.1 ANNUITY 63D Kunigal Tumkur 35.2 ANNUITY 63E Tumkur Koratagere 27.9 ANNUITY 64F Koratagere Madhugiri 20.0 ANNUITY 64G Madhugiri Pavagada 35.8 ANNUITY 19A Mudhol Mahalingapura 19.2 ANNUITY 19B Mahalingapura Kabbur 42.4 ANNUITY 19C Kabbur - Chikodi 18.4 ANNUITY 19D Chikodi - (NH-4 cross) Nippani 23.9 ANNUITY T21 Shikaripura - Anandapuram (on NH-206) 32.2 ANNUITY M7A Shimoga - Savalanga Shikaripura 49.8 ANNUITY M7B Shikaripur - Shiralakoppa - Togarsi 45.3 ANNUITY M7C Anvatti - Gondi Hangal 26.2 ANNUITY WAP4 10A Managuli - Basavana Bagewadi - Talikota 61.0 ANNUITY 10B Talikota - Hunasagi Devapur 48.6 ANNUITY Total Annuity Contract Total Project Road (EPC + Annuity) Physical Characteristics of the project area 1.3. The project roads cut across the entire State of Karnataka, with each of the road sections having distinct characteristics. The eighth largest state of India, Karnataka is situated in the south of India. It is ranked eighth both area and population wise. Karnataka is located on the western end of the Deccan plateau, encircled by the state of Maharashtra and Goa on the north, Andhra Pradesh on the east, and Tamil Nadu and Kerala on the south. The Arabian Sea is on the west. Karnataka has representatives of all types of variations in topography high mountains, plateaus, residual hills and coastal plains. The State is enclosed by chains of mountains to its west, east and south. It consists mainly of plateau which has higher elevation of 600 to 900 meters above mean sea level. The entire landscape is undulating broken up by mountains and deep ravines. Plain land of elevation less than 300 meters above mean sea level is to be found only in the narrow coastal belt, facing the Arabian Sea. There are quite a few high peaks both in Western and Eastern Ghat systems with altitudes more than 1,500 meters. A series of cross-sections drawn from west to east across the Western Ghat generally exhibit, a narrow coastal plain followed to the east by small and short plateaus at different altitudes, then suddenly rising upto great heights. Then follows the gentle east and east-north-west sloping plateau. Among the tallest peaks of Karnataka are the Mullayyana Giri (1,925m), Bababudanagiri (Chandradrona Parvata, 1,894 m) and the Kudremukh (1,895 m) all in Chikkamagalur district and the Pushpagiri (1,908 m) in Kodagu district. There are a dozen peaks which rise above the 8

10 height of 1,500 meters. The percentage of area coming under different elevations is as follows: less than 150 metres-5.16; 150 to 300 metres-1.95; 300 to 600 metres-43.51; 600 to 1,350 metres and more than 1,350 metres The State has four physiographic regions. The roads selected for KSHIP II passes through the regions mentioned below: 1.4. Northern Karnataka Plateau: Northern Karnataka Plateau comprises of the districts of Belgaum, Bidar, Bijapur, Bagalkot and Gulbarga. 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 this region is largely covered with rich black cotton soils (Expansive Soil). The roads covered in this region are: Package WEP5, Chowdapur Gulbarga, WAP2, Mudhol Mahalingapur, Mahalingpur Kabbur, Kabbur Chikodi, Chikodi Nippani and WAP4, Managuli Talikota and Talikota Devapur. In this region, major crops grown are Tobacco, Sugar cane, Jawar, Sunflower, Toor, Groundnut, Soya bean and maize Central Karnataka Plateau: Central Karnataka Plateau covers the districts of Bellary, Chikkamagalur, Chitradurga, Davanagere, Dharwad, Gadag, Haveri, Raichur, Koppal and Shimoga. The region represents the transitional surface between the Northern Karnataka Plateau with relatively higher surface. By and large, this region represents the area of Tungabhadra basin. The general elevation varies between 450 and 700 meters. However, this transitional ground is broken by several sets of parallel ridges mainly made up of Dharwar system of rocks. The height of such residual hills is about 900 meters above mean sea level. The general slope of this region is towards the east. The roads covered in this region are: WEP2, Hanagal Tadasa, Haveri Hanagal, WEP3, Dharwad Saundatti, WEP4, Tinthini Devadurga and Devadurga Kalmala. The major crops growing in these places are Sunflower, Paddy, Maize, Groundnut, Cotton, Flowers, Wheat, Ragi, Bajra, Chillies, Coconut and Arecanut Southern Karnataka Plateau: Southern Karnataka Plateau covers the districts of Bangalore, Bangalore Rural, Hassan, Kodagu, Kolar, Mandya, Mysore, Chamarajanagar and Tumkur. This region largely covers the area of the Cauvery basin lying in Karnataka. It is bounded by 600 meters contour and is characterized by a higher degree of slope. In the west and south it is enclosed by the ranges of Western Ghats and the northern part is an interrupted but clearly identifiable high plateau. In the east the valleys of the Cauvery and its tributaries open out to form undulating plains. The general elevation of the region varies from 600 to 900 meters. However residual heights of 1,500 to 1,750 meters are found in the Biligirirangan hills of Mysore district and the Brahmagiri range of Kodagu district. The roads covered in this region are: WEP1, Hoskote H Cross, H Cross Chintamani, WAP1, Malavalli Maddur, Maddur Huliyurdurga, Huliyurdurga Kunigal, Kunigal- Tumkur, Tumkur Koratgere, Koratgere Madhugiri and Madhugiri Pavagada. In this region major crops grown are Sugarcane, Paddy, Ragi, Coconut, Areca nut, Vegetables, Groundnut, Mulbury plants and Maize. Kolar district is famous for sericulture, diary and Gold mining Karnataka Coastal Region: The Karnataka Coastal Region, which extends between the Western Ghats edge of the Karnataka Plateau in the east and the Arabian Sea in the west, covers Dakshina Kannada, Udupi and Uttar Kannada districts. There are no roads under this projects in the coastal region 9

11 Magnitude of impacts 1.8. The project will impact 14735PAPs and 3361 PAFs. Of the total affected families major impact of the project is on 1739 families and minor impacts on 1547 families. Major impacts are where the PAF is either displaced due to the loss of house or has lost his means of livelihood, either agricultural or commercial; this category also includes those like to become marginal farmers due to the impact of the project. The total private land acquisition for the project is ha, and Govt. land to be transferred is Table 1.2: Summary Tables on Impacts Contract Package Land Acquisition- Private(ha) Land Transfer Government ( ha) Major Impact -PAFs Minor impact -PAFs Community Assets (Nos) PAFs PAPs WEP WEP WEP WEP WEP WAP * WAP * WAP * WAP * TOTAL * *This is estimated to help assess the likely PAFs losing land for Annuity contracts only. Also used for budget estimates. For the EPC all information is inclusive of structure and land losers/ Resettlement Implementation Plan and updation of survey information 1.9. Package wise Resettlement Implementation Plan will be prepared on the completion of the Land Acquisition Plans. These plans will cover all information concerned with land acquisition and R&R issues for the particular package; baseline census surveys and consultations and implementation mechanisms. After the completion of Land Acquisition Plans and issue of section 17 notification, the NGO will conduct the census survey of the land losers, and update the same in the database. Objectives This Resettlement Action Plan (RAP) is a project specific RAP, which outlines the extent of impacts due to road improvements on communities and the mitigation of the potential impacts. It details necessary implementation procedures for resettlement and rehabilitation. This RAP is prepared in accordance with the stipulations and guide-lines provided in Public Works Departmental Code Government of Karnataka,3, and the project specific Resettlement and Rehabilitation: - Principles and Policy Framework for the Karnataka State Highways Improvement Project II funded by the World Bank, The National Resettlement and Resettlement Policy and Bill 2007 and The World Banks Operational Policy 4.12 and As the village wise land acquisition plans are yet to be complete for all the Packages (2 packages have been completed), the total number of Title holder PAPs in this report are based on broad estimations. With in this given background the objective of RAP is: a. To Identify adverse impacts and determine how they could be overcome or substantially mitigated with the implementation of Karnataka State Highways Improvement Project-II; b. To present the entitlements for the affected persons for payment of compensation and assistance for establishing the livelihoods and ; 3 PWD Departmental Code is in the process of being finalized. 10

12 c. To present an action plan for the delivery of compensation and assistance in accordance with the policy adopted for the project. d. To prepare an action plan for the project affected people for improving or at least retaining the living standards in the post resettlement period. Approach to Resettlement Planning During the census survey it was seen that road widening and improvement will have some impact on residences, businesses, shrines, places of worship, agricultural land, community assets. Most of the infrastructure work planned for the project as far as possible will take place within the established ROW. In most cases, the land required for the project is immediately adjacent to the current carriageway. The additional land required by the project falls under several classifications: (i)public land owned by the State Government and administered by other Departments such as Revenue; (ii) Public land owned by villages or other local governments; and (iii) Private land. The RAP is prepared to ensure that: a. The displaced persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project; b. Displaced persons are: (i) provided assistance (such as shifting allowance, transition allowance, economic rehabilitation grant etc.) during relocation; and (ii) provided with residential housing, or housing sites, or, as required compensated for agricultural sites; c. To ensure that displaced persons are : i) offered support after displacement, for a transition period, to restore their livelihood and standards of living; (ii) provide with development assistance in addition to compensation measures, such as credit facilities, training, or job opportunities; and (iii) at least improving or retaining the living standards in the post resettlement period. Right of Way and Corridor of Impact The Right of Way is the lawfully acquired corridor of public land owned by the State Government and administered by the PWD for the transit of the existing road. Using available records with the PWD and the Revenue Department, the social team verified the boundaries of private properties within and in the vicinity of likely corridor of impact. The preparation of the Land Acquisition Plan is being facilitated through the verification of land records, updated records for the ownership of land For this project, preparation of RAP associated with displacement is limited to the corridor of impact. The corridor of impact is the width required for the actual construction of the road, including carriageway, shoulder, embankments and longitudinal drainage. Within this corridor there should be no structures or hindrances. The objective of social input to project design is to ensure that the corridor of impact is reduced, within acceptable design principles and standards, to minimise displacement and other project impacts. Those affected between the Corridor of Impact and Right of Way during the lifetime of the project will be assisted in line with this project Entitlement Policy, if they are required to be affected for any additional work required for this project. 11

13 Entitlement Matrix 2.1 The entitlement matrix will guide to offer compensation and assistance to those persons affected by the project. The detailed entitlement matrix for the project is given below. Proposed Entitlement Matrix Impact No Entitlements Remarks category I. Title Holders (a) Loss of land 1. Compensation through negotiation as per Karnataka State Highway Act, 1964; 2. Amount equivalent to current stamp duty and registration charges on compensation amount for replacement of lost assets; 3. Additional 25% compensation in case remaining land is severed; 4. Loss of perennial crops and non-perennial crops will be compensated in accordance with Horticulture department valuation process; 5. A grant of Rs. 15,000 for replacement of Cattle shed; 6. Water yielding bores will be replaced in the remaining land holding subject to availability of water; 7. In case land owners becomes landless or marginal families, the following additional entitlements will be offered: (a) subsistence allowance of Rs.30,000 for land less and marginal; and, (b) assistance for creating Income generation asset valued upto Rs.75,000 for those becoming marginal farmers and landless only; 8. Additional amount of Rs.20,000 will be restricted to those who loose narrow stretch of land as additional compensation in lieu of all other benefits. 9. In case of Bagar hukum lands - 50% of compensation and other benefits as available for land owners. Marginal farmer is defined as those left with 1 hectare of non-irrigated or 0.50 hectare of irrigation or combination of both The entitlement in Sl. No2, will available to those consent awards only Bagar Hukum land losers are those whose application is pending for disposal with Competent Authority (Tahsildar) and are cultivating the affected lands at the time of acquisition. A certification from Tahsildar is required for such applicants to receive applicable entitlements 12

14 (b) (c) (d) Loss of Residential structures Loss of commercial structures Loss of residential cum commercial structures 1. Compensation at current PWD scheduled rates without depreciation and 30% solatium 2. Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress. 3. Additional 25% compensation for partially affected structures towards reconstruction 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30, Compensation at current PWD scheduled rates without depreciation and 30% solatium 2. Alternative shop or assistance for income generation asset valuated upto Rs. 75, Additional 25% compensation for partially affected structures 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30, Compensation at current PWD scheduled rates without depreciation and 30% solatium. 2. Alternative shop or assisance for income generation asset valuated upto Rs. 75,000 or Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress Additional 25% compensation for partially affected structures 3. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30, Additional amount of Rs. 25,000 as grant. In case more than 25% of house is affected and unviable for retaining, full compensation will be paid Resettlement colonies will be developed if more than 20 families are displaced in 2 Kms continuous stretch Plot size will be equivalent to size lost subject to a maximum of 369 sqmt/1200sqft in rural area and 184 sqmts /600 sqft in urban areas. People have right to salvage the affected materials. Shopping units with sq.ft will be constructed if more than 20 shops are affected in a continuous stretch of 2 kms and opt for shop. People have right to salvage the affected materials Training for self employment will be provided to one adult per family as needed In case more than 25% of house is affected and unviable for retaining, full compensation will be paid. Resettlement colonies will be developed if more than 20 families are displaced in 2 Kms continuous stretch. Plot size will be equivalent to size lost subject to a maximum of 369 sqmt/200sqft in rural area and 184 sqmts/ 600 sqft in urban areas. Shopping units with sq.ft will be constructed if more than 20 shops are affected in a continuous stretch of 2kms and opt for shop. People have right to salvage the affected materials Training for self employment will be provided to one adult per family as needed. 13

15 II. Tenants (a) Residential 1. Rental allowance for 6 Rs. 500 per month in rural and Rs in urban areas 2. Shifting assistance of Rs. 10,000 (b) Commercial 1. Rental allowance for 6 Rs per month in rural and Rs in urban areas 2. Shifting assistance of Rs. 10, Assistance for income generation asst upto Rs. 75,000 (c) Loss of residential cum commercial structures. III. Non-Title holders (a) Residential Squatters (b) Commercial Squatters 1. Rental allowance for 6 Rs per month in rural and Rs in urban area. 2. Shifting assistance of Rs.10, Assistance for income generation asset upto Rs. 75, House in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress. 2. Subsistence allowance of Rs.15, Shifting Allowance of Rs Alternative shop of 100 sq.ft or assistance for income generation asset valuated upto Rs. 30,000; 2. Subsistence allowance of Rs.15,000; 3. Shifting Allowance of Rs (c) Encroachers 1. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation 2. Compensation of Crop loss or advance notice for harvesting crops IV. Loss of livelihood (a) Employees in shops, agricultural labourers, etc 1. Subsistence allowance of Rs. 15,000. House size in resettlement colony to be minimum of 25 sqm/270 sqft. Resettlement colony will be constructed if more than 20 residential squatters are getting affected in a continuous stretch of 2 kms and opted for same. Developed plot size will be allotted of 25 sqms/ 270 sqft in urban area and 33 sqms /350 sqft in rural area. Shopping units will be constructed if more than 20 shops are affected in a continuous stretch of 2 kms and opted for shop. Training for self employment will be provided as needed 14

16 V. Vulnerable People (a) Widows Physically challenged and those aged above 60 years VI. Community Assets (a) Community Assets VII. Unidentified Impacts (a) Unidentified Impacts 1. Assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) 2. Lump-sum amount of Rs. 25, Reconstruction of affected assets 2. Transfer to Local authorities for maintenance 1. Unforeseen impacts shall be documented and mitigated based on the principles provided in this policy This will be restricted to those who have no or cannot be provided with alterative livelihood sources. Note: All amounts in this entitlement matrix are fixed as of April 01, These will increased 10% annually on first day of April every year. The same will hold good for guidance value also if not revised by the GoK. 15