1.1 Background. 1.2 Objectives

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1 SECTION-I: PROJECT AREA PROFILE 1.1 Background Resettlement and Rehabilitation (R&R) of the affected on account of their displacement is very crucial to the development agency while initiating / implementing a development project. The Power Grid s Policy on Resettlement & Rehabilitation is to provide people displaced/affected by projects to improve or at least restore their former living standards, earning capacity and production levels through a process in which they participate through their own social and cultural institutions. Therefore the process of Resettlement & Rehabilitation of the displaced / affected is development and participatory oriented with emphasis on the need to ensure that the development fosters full respect for their dignity, human rights and cultural uniqueness. It is further essential to ensure that indigenous people (tribal) do not suffer adverse effects during the development process and they receive culturally compatible social and economic benefits. The initiation of such a development oriented R&R needs to be carefully planned from the outset. This is because the acquisition of land for a development project causes social, economic, cultural and environmental problems which affect the productive assets and source of income, the habitat families, and kinship, community structure, social relations, cultural identity, traditional authority and potential for mutual help which come out of these. The proposed RAP is based on Socio-economic survey carried out by M/s Society for Social Foundation, New Delhi. 1.2 Objectives Northern India has progressed a lot in every sphere during the last five decades. However, studies have also indicated that the pace of development of Infrastructure is highly inadequate and needs to be expedited. Infrastructure projects are characterized by large financial out-lays, long gestation periods and involve considerable construction activity. Power projects are one such example. These infrastructure projects mostly require involuntary displacement of people from areas where they live and work. Such a change causes economic and cultural disruption to the affected individuals. The need therefore, is to deal with trauma cased to the affected people. What is more important is to develop and implement programs, which are meaningful and workable in nature such that the affected population will not become worse off economically than before. Thus, a sound Rehabilitation Action Plan (RAP) is warranted for project-affected persons on a productive basis to offset the trauma of losing land/assets. Preparation of the Rehabilitation Action Plan (RAP) is an integral part and one of the major components of the Social Assessment Process described in the Environmental Social Policy and Procedure 09 (ESPP 09) of Power Grid Corporation of India Ltd., if the numbers of affected families are more than 40. The need for the RAP has been identified by the initial assessment and the analysis of expected social impacts which require appropriate mitigative measures for all PAPs/PAFs who, on the basis of and established cut-off date, 1

2 will be losing land or other assets or livelihood, as a result of project implementation. The RAP will incorporate R&R measures necessary to ensure compensation for assets acquired at replacement cost and mitigation of loss of livelihood for all PAPs/PAFs so that their income is sustained and they are not made worse off due to project implementation. The basic objectives of the present study are to carry out a baseline socio-economic survey to generate the necessary data and information, so as to prepare an appropriate Rehabilitation Action Plan for effected people. More, specifically, the objectives are : To make an inventory into the extent and nature of adverse impact to be caused by the project. To identify the villages and urban centres likely to be affected as a result of land acquisition for proposed sub-station. To identify the affected persons residing in the area to be acquired for the construction activities of the Substation. To collect baseline demographic and socio-economic characteristics of the affected people residing in the affected area. To categories the PAPs/PAFs under different categories for various benefits and entitlements as per POWER GRID s Social Entitlement frame work. To understand the peoples reactions towards the project and ascertain their preference for R&R and To prepare an appropriate Rehabilitation Action Plan for improving / restoring the living standards of affected population. 1.3 Project Description The project is located at village Agasand, Post Office Kursi, Tahsil Fatehpur Distt.,Barabanki. It is 23 Km. from Lucknow on Lucknow-Kursi road. The project is a pooling as well as distribution centre. It will pool electricity and distribute to Bareilly, Ballia and Lucknow region of Uttar Pradesh. It will also transfer to old sub-station in Lucknow, which distributes electricity to Bareilly, Sitapur, Sultanpur and other cities of Uttar Pradesh. The availability / supply of power through the project will help provide the needs of all sectors of the economy, promoting socio-economic development of the area. 2

3 1.4 Land acquisition Ha land, (of which Ha, Pvt land and ha. Govt land) has been acquired/ transferred by State Govt. of Uttar Pradesh to POWERGRID for construction of 765/ KV S/S at village Agasand Tehsil Fatehpur, Dist- Barabanki. The details of land are as given in below. Land acquired for the Project : Agasand Table 1.1 Details of land S.No. Name of the Village Area acquired for the project (inha) Pvt. Govt. Total 1 Agasand Hect. The State Govt. of Uttar Pradesh issued Section-IV on 4 February 2009 and Section-VI notification under Land Acqusition Act on 1 May Copy of notification is enclosed as Annexure-I. State Government has given possession to POWERGRID on Location of the Project The project area is 23 Km. away from Lucknow city at Agasand Village 2 Kms interconnecting road to Lucknow-Kursi road. The location map of the project site is enclosed at Annexure-II 1.6 Beneficiary States Northern Region Constituents including U.P,Uttarakhand,.,Delhi,Haryana, Punjab, Chandigarh, Rajasthan etc. 1.7 Social Assessment Process The POWERGRID s policy on Resettlement and Rehabilitation (R&R) is to provide people displaced/affected by projects means to improve or at least restore their former living standards, earning capacity and production levels through a process in which they participate through their own social and cultural institutions. A thorough understanding of issues relating to social economic and cultural factors of effected people is absolutely important for formulating an appropriate rehabilitation plan. Only a detailed socio-economic and cultural study can provide such an understanding. With a view to assess the general socio-economic condition of the area and project affected families / persons, the socio-economic survey work was assigned to Society for Social Foundation, Delhi, by Power Grid Corporation of India Ltd. (TOR is annexed as Annexure- IIIA.) M/s Society for Social Foundation has done Social Assessment and submitted SES report. Interview schedule used for SES is enclosed as Annexure-IIIB. 3

4 1.8 Area Profile The substation is located at Agasand Village, block-kursi, Tehsil Fatehpur, Dist-Barabanki. Project Area Population Details Population Household District Barabanki 2,67, ,077 Tehsil Fatehpur 478,279 80,969 Village Agasand Source census Population The project is located at Agasand and land belongs to Agasand village. This is predominately Muslim Village with a less population of Hindus also. The villagers are an agricultural community a majority of whom depends on their agricultural land for their livelihood in addition, a few among them are also engaged in Jari work and few other work as wage Labour either in village itself or outside of the village. The literacy rate among men is 23.01% where as among women it is 10.60%. Population of Agasand Details Population (Total) Population (Rural) Population (Urban) Population (SC) Population (ST) Sex Ratio Source: Census 2001 Agasand Total Male Female Per 1000 Men 4

5 1.10 Sex Ratio Sex Ratio 5

6 Details Agasand Total Male Female Population (Total) Population (Rural) Population (Urban) Population (SC) Population (ST) Sex Ratio 927 Per 1000 Men Source: Census survey Literacy of Agasand village The details of literacy of project area are given below:- Table: - Literacy of Agasand Details Agasand Total Male Female Number of Literates Number of Illiterates Source: Census survey

7 1.12 Workers The details of workers of Agasand village are given below:- Details Agasand Total Male Female Total Workers Main Workers Non Workers Source: Census survey Occupation Our survey reveals the Socio-economic conditions existing among the PAFs. A majority of the PAF's are engaged in agricultural. The occupational details of PAFs are given below. Table 2.11 Occupation No. of PAFs Percentage Agr Pvt.Service Govt.Service Business Jari work Agr+Retd

8 Electrician 0.00 Wage labour Lawyer Student Others Total Source: Socio Economic Survey Among the PAFs, 123PAFs are male and 15 PAFs are female. Their respective percentage is 89.21% and 10.79%. Table 2.6 Types of Gender PAFs (No.) PAFs (Percentage) Male Female Total Source: Socio- Economic Survey Source: Census Survey Facilities in project area The project area is near to Lucknow. All facilities are available at Lucknow. Table: - Details facilities in Agasand S.No Facilities Distance (in Km) A. Educational facilities Basic Primary School Agasand 1 Junior School Kumroha 10 High School Kumroha 10 Degree College Lucknow 25 Junior School for Girls Panaula 3 Technical Institution Lucknow 25 B.Ed College Lucknow 25 Post Graduate Colleges Lucknow 25 University Lucknow 25 B. Medical facilities Primary Health Centre - Ganauli 7 District Hospital - Barabanki 26 Private Nursing Houses - Tikaitganj 10. All other modern health service - Lucknow 25 8

9 C. Agricultural related facilities Agriculture service centre Kursi 5 Govt. procurement centre Kursi 5. Agriculture Mandi Gallamandi Lucknow 18 Seed storage Nidura 10 Veterinary Hospital Alipur 7 D. Bank Primary Agriculture Loan Bank-Anwari 9 Land Development Bank Fatehpur 3 Commercial Banks Barabanki & Lucknow 25 Post Office - Kursi 5 E. Others Block Headquarter - Nidua 10 Village Development Office - Nidua 10 Fair Price shop Agasand Within village Water Sources Within village Post office At Kursi---5 Railway Station Lucknow (Charbag )-26 Agasand has only government primary school in the village itself. It is for both boys and girls. Junior school for girls is 3 km. away from Agasand. High school for both boys & girls is at Kumroha, which is 10 km. away from the village. Intermediate onwards to university level institutions are in Lucknow, which is 25 km. away from the village. Agasand does not have even a Primary Health Centre. Primary health center for the villagers is situated at Ganauli, which is 7 km. away from the village. The government hospital is in Barabanki, which is 26 km. away from the village. Private nursing homes are nearer and available at Tikailganj, which is 10 km away from Agasand. All other modern day health facilities are available in Lucknow, which is 25 km. away from Agasand. Being located in the vicinity of Lucknow-Barabanki highway which is 3 km. away from village, Agasand is well connected to road. But its medieval existence comes into being when one enters into the village. Though pucca road has been constructed upto the village but now it badly needs repairing. There is no PCO/STD booth in the village. Though a majority of the residents possess mobile handsets Nearest bus stand to the village is at Darapur, which is 3 km. away from the village. Post Office is 5 km. away at Kursi and nearest Railway Station is at Charbagh, which is 26 km. away from the village. The villagers mainly depend on agriculture for their livelihood. Ironically agriculture related services are not available in the village or nearby areas. There is an agricultural Mandi, which is 18 km. away from the village. Even seed storage and cold storage are available at 10 km. distance from the village. 9

10 The villagers are either marginal farmers or daily wage earners. They are hardly left with cash, which is worthwhile for a transaction in the banks. There are commercial banks in Lucknow and Barabanki which are 25 & 26 km. away respectively from village. Primary Agricultural loan bank is 9 km. away from village but it is the bank which villagers approach for loan. Land development bank is also 3 km. away at Fatehpur The villagers are being pre-dominantly agriculturalist have been using hand pumps for irrigation purpose. The productivity of the land is good. The same hand pumps are used for drinking water purpose also. Modern techniques for farming are used like tractor and use of chemical fertilizer. Ironically tractor are used on rent and no one from village owns a tractor. The fair price shop is in village itself but village development office and block headquarter is at Nidua, which is 10 km. away from the village. Agasand is one among the typical villages of India, where modern day educational and technology is visible by its presence. A majority of children do not go to school after 5 th standard. In such a scenario, there are 15 graduates in the village along with two Ph.D., one shikshamitra, two teachers and two retired teacher live in the village. A majority of boys leave schooling after 5 th standard. Some even do not reach upto that level. One striking feature of the village is that girls children are allowed to higher studies. A few among then have reached up to graduation level by overcoming all the hardships on their way. This trend is good for the future of the villagers and village itself. Sowing is done by tractors and chemical fertilizers are being used along with manure by villagers. Agriculture remains the main occupation which is hardly sufficient to run a house hold for a year. As a consequence poorer among them work as a wage laborer in nearby areas or work on seasonal basis in tradition occupation like jari making in village itself. Facility for transport and communication are limited. Though mobile handsets are seen with few people. Banking facility for them is meant to use, its services during crisis and has no meaning in day to day activities. For health problems they depend primarily on traditional methods and going to hospital indicates getting involved with a perpetual malady. 10

11 SECTION-II: PROFILE OF PAPs/PAFs 2.1 Profile of PAPs/PAFs The Policy of Power Grid Corporation of India Ltd envisages that the affected families are to be resettled and rehabiliated to minimise adverse impact on their lives. The adverse impact is manifested into disruption of economic activities of PAPs and PAFs. A majority of PAPs are marginal farmers and their average land holding is Ha to Out of 120 PAPs, 12 PAPs are settled outside and 15 PAPs have dispute due to different reasons like family dispute, land dispute etc. Detailed profile of all PAPs are annexed as Annexure-IV Based on the survey conducted, the socio-economic profile has been categorised as follows Table 2.1 Description Nos i) Households 52 ii) PAFs 138 iii) PAPs 93 Source: Socio Economic Survey With a view to analyse the data for better clarity and understanding, it pertains to various aspects like caste, age, gender, literacy, type of houses, income, land holding etc. Data have been given in the Tables below Caste Composition There are 52 House holds which have been affected by this project. Out of 52 house hold 50 house holds belong to higher caste and only 2 are SC's hosue hold. There is no one from ST's and OBC families. Table 2.2 Types of Cast No. Percentage Gen SC ST 0 0 OBC 0 0 Total Source: Socio Economic Survey 11

12 Type of houses The type of house owned by PAPs are given in following Table Table 2.3 Type of Houses No. Percentage Pucca Semi Pucca Kucha Total Source: Socio Economic Survey Our survey finds that 40.86% PAPs have Pucca house,19.35% PAPs have Semi Pucca and balance 39.78% PAPs have Kucha house. Annual income of PAPs Annual Income of PAPs is given in following Table. Table 2.4 S. No Range in Rs. PAPs (Nos.) PAPs (Percentage) 1 0 to 20, ,0001 to 35, ,000 to 50, ,001 to 75, ,001 to 1,00, ,00,0001 to ,50, ,50,001 to above Total Source: Socio Economic Survey Our survey testifies the existing trend in the case of annual income also % PAPs comprise of majority among affected house hold whose income is in between Rs. 50,001 to Rs. 75,000 per annum. They are followed by PAPs whose income is in between Rs

13 100000/-, their percentage is 26.88%. By adding these two categories they constitute more than 50%. Income loss from acquired land for the project Our survey indicates that about 50% PAPs annual income loss due to project is less than Rs.6000/-. The details of income loss is given in following table. Table 2.5 S.No. Range in Rs. PAPs (No.) PAPs (Percentage) 1 1 to 2, ,001 to to ,001 to to to > Total Source: Socio- Economic Survey Gender Among the PAFs, 123PAFs are male and 15 PAFs are female. Their respective percentage is % and 10.79%. Types of Gender Table 2.6 PAFs (No.) PAFs (Percentage) Male Female Total Source: Socio- Economic Survey Marital Status Our Survey indicates that out of the total 138 PAFs 13PAFs are widow whose percentage is 9.42%.112 PAFs (81.16%) are married. and 11 PAFs are unmarried The detail is given in following table. Table 2.7 Types PAFs (No.) PAFs (Percentage) Married Unmarried Widow Widower Total

14 Source: Socio- Economic Survey Age of PAFs The age details of PAFs is given in following table. Age Table 2.8 PAFs (No.) PAFs (Percentage) Below 20 years Between Between Between Between Between Above 70 years Total Source: Socio- Economic Survey Literacy among PAFs Uttar Pradesh is among the states having medium literacy rate. This is reflected in our survey also. The project affected literate among the PAFs consist of 60.87% persons whereas the illiterates are only 39.13%. Table 2. 9 : Literacy of PAFs Types of Literacy PAFs (No.) PAFs (Percentage) Literate Illiterate Total Source: Socio- Economic Survey The details of literacy The survey indicates the level of literacy among PAFs.Nearly 84.2 % PAFs have studied upto 10th class (including primary and middle level). The details are given in following table. 14

15 Table 2.10: Level of Literacy Level of Literacy No. Percentage 5 th th th th th th Graduate LLB Others Total Source: Socio- Economic Survey Occupation of PAFs Our survey reveals the Socio-economic conditions existing among the PAFs. A majority of the PAF's are engaged in agricultural. The occupational details of PAFs are given below. Table 2.11 Occupation No. of PAFs Percentage Agr Pvt.Service Govt.Service Business Jari work Agr+Retd Electrician 0.00 Wage labour Lawyer Student Others Total Source: Socio Economic Survey 15

16 Availability of PAPs/PAFs in villages Our survey finds unique feature among PAPs. Among 120 PAPs settled out side. 12 PAPs (10%) are Table 2.12 PAPs PAPs (Nos.) PAPs (Percentage) Settled Outside Not Settled Outside Dispued Total Source: Socio- Economic Survey Land Holding (Before Acquisition) of PAPs The Land holding is very low in this part of Uttar Pradeh. There are % PAPs having consolidated land in between to Ha. and are marginal farmer. Only two PAFs have more than 2 Ha. land. Table 2.13 S.No. Range in (Ha.) PAPs (Nos.) PAPs (Percentage) to to to to to above Total Source: Socio- Economic Survey The above table indicates that 94.62% PAPs have lost less than 0.5 ha land. Only 5.376% PAPs have lost more than ha. Land. 16

17 Land acquired (in Ha) of PAPs The details of land acquired are given in following table. Table 2.14 S.No. Range (in Ha.) PAPs (Nos.) PAPs (Percentage) to to to to to above 0 0 Total Source: Socio- Economic Survey The above table indicates that 94.62% PAPs have lost less than 0.5 ha. land. Only 5.376% PAPs have lost more than ha. land Land Holding (After Acquisition) Table 2.15 S.No. Range in (Ha.) Nos. Percentage to to to to to above Total Source: Socio- Economic Survey Our survey indicates that fragemented land and joint land holding exists in the project area % PAPs are marginal farmer after land acquisition. Due to land acquisition small farmer have changed in to marginal farmer. 17

18 Section-III: R &R POLICY/ENTITLEMENT 3.1 LEGAL REQUIREMENT: There is only one National law for acquisition of private property namely the Land Acquisition Act, 1894 as amended in 1984 under which all lands and other properties are acquired for public purpose. Acquisition under the law is a comprehensive process and involves issuance of various notifications informing affected persons as well as general public regarding impending acquisition of private land/assets etc. for public purpose. The whole process can be divided in three distinct phases for better understanding. The process is presented below: LAND ACQUISITION PROCESS FOR SUB STATION STAGE- I : SECTION-4(1) Publication of a preliminary notification by the Government that land in a particular locality is needed or may be needed for a public purpose or for a company. SECTION-5 Filing of objections to the acquisition by persons interested and enquiry by Collector. STAGE-II : SECTION-6 (1) Declaration of intended acquisition by Government. SECTION-7 & 8 Collector to take order from the Government for acquisition and land to be marked out, measured and planned. STAGE- III : SECTION-9 Public notice and individual notices to persons interested to file their claims for compensation. SECTION-11 Enquiry into claims & Award by the Collector. SECTION-16 Taking possession of the land by the Collector. 18

19 SECTION- 17 POSSESSION BEFORE AWARD IN CASE OF URGENCY Under S.17 the Government has been given special powers to acquire land without making the award. This power can be used only in cases of urgency. If the Government thinks that it is a case of urgency, it may direct the Collector to take possession of the land even though he has not given his award. The Collector can acquire the land fifteen days after the publication of the notice under Sec.-9 (1), but not before. POWERGRID strictly follows procedures laid down under the Land Acquisition Act (LA Act), 1894, when land is acquired for sub-stations, The LA Act specifies that in all cases of land acquisition, no award of land can be made by the government authorities unless all compensation has been paid. POWERGRID follows an activity schedule for land acquisition. 3.2 POLICY OF ENTITLEMENT: POWERGRID has articulated a social entitlement framework based on National policy on R&R and other progressive trends in its corporate policy- ESPP applicable for the affected families due to acquisition of land/assets for the substation. The detailed Social Entitlement Framework under which the RAP has been so developed is as follows: POWERGRID s SOCIAL ENTITLEMENT FRAMEWORK Transmission projects generally do not require large area because land below tower/line is not acquired as per law and only a small piece of land is only acquired for sub-stations. For that too POWERGRID is following and will continue to follow the practice land management to minimize the land requirement to the barest minimum. Generally 20 to 40 hectare of land is required for constructing a substation depending upon the type and voltage level. Even for this 20 to 40 hectare land, POWERGRID try to locate sub station on Government/waste land as far as possible and in the absence of Government land private land is selected for substation. In all such cases a detailed social assessment will be carried out to ascertain the likely impact of acquisition of land on the affected population. POWERGRID social assessment process is follows: PRELIMINARY ASSESSMENT: It will be carried out at the stage of land selection for Sub Station and will cover following aspects: i. Total land required and its location ii. Current land used pattern iii. Likely persons to be affected (local revenue authorities shall be consulted for such data) 19

20 iv. Unit of government, which has jurisdiction for acquisition of such land. If the preliminary assessment indicates that more than 40 families are getting affected a detailed socio economic survey shall be carried out by 3 rd party preferably by professionals having similar experience and if the number of families are less than 40 such survey may be undertaken departmentally. Cut-Off Date: To prevent subsequent influx of encroacher or others who wish to take advantage of R&R benefits an eligibility, cut off date is required to be established. For all such cases cut off date for eligibility shall be Section-IV notification under LA act. Socio Economic Survey: Since available data from census report may be inadequate for assessing and planning the R&R action plan for the affected people, a detailed socio economic base line survey shall be carried out as soon as Section IV notification under LA act is published. Survey will cover the affected village/villages in general and affected population in particular including collection of data from all categories of affected population like land holders, landless, squatters, artisans etc. if any. In brief Socio Economic Survey will carry information on following: Village Profile: It will cover its location, demography features, social structure and institutions, natural resources like water, land, forest, grazing area etc. and cultural anthropological, educational and health status and common resources available in the affected village like roads, buildings, school, college, dispensary, club houses, temples etc. To assess the socio economic condition of the affected village and to plan community development programme for entire community. Family Profile: It will cover the demographic profile, name of head of the family and name of other members of the family, the cast and religion, age, sex, education qualification of the individual member. Property inventory: It should contain information on extent of land i.e. homestead, agriculture whether irrigated or un-irrigated and their classification trees standing on them. Houses with number of rooms and its type, farm equipment and live stock, wells, tube wells as well as government land if used by the local people and their details Productive assets: It will cover cropping pattern and productions, live stock production, artisan activity or details of other occupational. Income profile: It will contain information of occupation of individual member of the family (cultivation, service, artisans, wage earner, agricultural labourer, business etc.) with source and average monthly/annual income to assess the losses due to acquisition of land/assets. 20

21 Socio Economic Survey shall also identify various ongoing governmental developmental/training programmes going on in the area for possible dovetailing them with the IGS offered to PAFs by POWERGRID for restoration of economic level of affected persons. Survey will also identify organisations either government or non government working in the area which can assessed in planning and implementation of R&R activities. Public Consultations / Disclosure: Affected population shall be informed/ consulted on compensation/rehabilitation options through various means like public meeting or displaying such information at key points. Generally, people shall be consulted during the acquisition/survey process and after the draft RAP is prepared to know their opinion and aspirations. All relevant information about the project and details of socio-economic survey, Rehabilitation Action Plan (RAP) etc. shall be available at the designated place (Public information Centre/library) of each substations and will be shared with the public or any interested persons whenever asked/required. Identification Record : Identification record of all PAFs containing name of the head of the family, his age, caste, father s name, village name and name and age of the other family members dependant on him along with attested photo of Head of the family shall be maintained at site. This record shall be used for allotting unskilled/semi skilled job during construction phase through contractors and for allotment of petty contracts during the operational stage as well as for R&R planning and implementation. Budget: The total cost of R&R including cost of compensation, relocation and rehabilitation, social assessment, planning, implementation, supervision monitoring and evaluation shall be included as the integral part of project cost so that provision for sufficient fund is available to take up the R&R activity as planned. Implementation & Monitoring: Implementation of approved rehabilitation action plan shall be a time bound activity and will be implemented during the first 12 to 15 months of the project execution. If required implementation of RAP may be entrusted to a body (Government or non Government) active in that area The primary information collected during socio-economic survey will be the base line for monitoring the impact assessment. For monitoring of RAP implementation a Committee under the Chairmanship of concerned head of the region (POWERGRID) and other members including representative of local authorities, panchayat, PAPs, NGOs etc. shall be constituted who will be responsible for overall implementation of RAP and shall forward its quarterly report to the POWERGRID management. SOCIAL ENTITLEMENT FRAMEWORK 21

22 POWERGRID s prime concern is to rehabilitate and resettle people affected by its operations. Its endeavour is always to avoid/minimise hardship to PAPs and their families through options like Land for Land as far as possible, Rehabilitation Assistance and adoption of Income Generating Scheme and training instead of cash because it has been experienced that extending cash compensation does not fully achieve the objective of rehabilitation. POWERGRID while implementing the social entitlement framework gives special attention to this fact and exhaust all options before arriving at cash compensation. 3.4 POWERGRID S SOCIAL ENTITLEMENT FRAMEWORK 1 SN TYPE OF ISSUE/IMPACT BENEFICIARY ENTITLEMENT OPTIONS 1. Loss of land a) Homestead land with valid title, or customary or usufruct rights b) Agricultural Land (i) With valid title, or customary or usufruct rights (ii) iii tenants, sharecroppers, leaseholder Nontitled (Encroacher) Titleholders Titleholders Individual Individual (i) Cash compensation as fixed by authorities + Equivalent area of land for alternate home not exceeding 150 sq.m. in rural areas and 75 sq.m. in urban areas free of cost preferably in same village/ panchayat/ area + Registration Charges Alternative land of equivalent production potential but not more than 1 hectare of irrigated land or 2 hectare of un-irrigated land subject to agriculture based PAPs (rendered landless) availability (State Govt./ Voluntary sellers at existing rate) within same panchayat/ block Registration Charges + Cash compensation for the extent of land against which replacement land is not provided or Cash compensation at replacement cost 2 (Compensation as fixed by authorities under LA act + Rehabilitation Assistance 3 as follows: a) 750 days of minimum agricultural wages for families losing entire land/rendered landless. OR option for opting IGS of equivalent amount for regular income; b) 500 days of minimum agricultural wages for families losing part land and becoming marginal farmer; c) 375 days of minimum agricultural wages for families losing part land and after loss of land may be categorised as small farmers. d) Minimum agricultural wages ranging between days (depending upon the impact) for families (big farmers) losing part/negligible land and left with sufficient land to sustain them. Reimbursement for unexpired lease + Rehabilitation Assistance equivalent to 200 days of minimum agricultural wages Rehabilitation Assistance equivalent to 375 days of minimum agricultural wages if cultivating the acquired land continuously for last 3 years from section-4 notification (1) 1 The proposed entitlement framework will be applicable only in the case of land acquisition for substation. (2) 2 Replacement cost will include compensation as fixed by competent authorities under LA act including solatium and interest + Rehabilitation Assistance (3) 3 Rehabilitation assistance amount shall not exceed the value of compensation 22

23 SN TYPE OF ISSUE/IMPACT BENEFICIARY ENTITLEMENT OPTIONS 2. Loss of structure a) House (i) with valid title, or customary or usufruct rights (ii) (iii) Tenant, leaseholder Squatters Titleholders Individual Household / Family (iv) Cattle shed Owner/ Family b) Shop/ Institutions (i) with valid title, or customary or usufruct rights (ii) (iii) tenants, leaseholder squatters 3. Loss of livelihood/ Wage / Occupation Agriculture/ commercial Individual Individual Individual Individual Cash compensation at replacement cost (without deduction for salvaged material) plus Rs. 25,000/- assistance (based on prevailing GOI norms for weaker section housing) for construction of house plus transition benefits as per category-6 Lump sum payment equivalent to 6 month rent (on production of proof) or Rs. 5000/- which ever is higher to re-establish residence Cash compensation for structure + Lump sum payment ranging between Rs to Rs /- (depending on type of structure and family size) as one time payment towards disturbance + Transition benefits as per category-6. Cash compensation as fixed by authorities plus Rs. 3000/- for reconstruction of cattle shed. Cash compensation plus Rs /- for construction of working shed/shop plus rehabilitation assistance equivalent to 1 year income plus transition benefits as per category-6 Transition allowance equivalent to 1 year income + transition benefits as per category-6 Cash compensation for structure plus transition allowance equivalent to 1 year income plus transition benefits as per category-6 Rehabilitation Assistance equivalent to 625 days of minimum agricultural wages preferably in shape of Income Generating Scheme (IGS) or in shape of Units in joint name of spouse under Monthly Income Scheme for sustainable/ regular income + Provision for need based short training on development of entrepreneurship skills/ facilities on selected IGS 4. Loss of access to Common Property Resources (CPR) and facilities a) Rural common property resources Replacement/ augmentation of CPRs/ amenities or provisions of Community functional equivalence b) Urban Civic amenities Community Replacement/ access to equivalent amenities/ services 5. Loss of standing crops/ trees a) With valid title b) Tenant/ lessee 6. Losses during transition of displaced persons/ establishments/ Shifting / Transport 7. Losses to Host Communities/ Amenities/ Services 8. Additional benefits for Tribals Family Family/unit Community Tribals For either category, only the cultivator will get compensation at market rate for crops and 8 years income for fruit bearing trees Provision of transport or equivalent cash for shifting of material/ cattle from existing place to alternate place Augmentation of resources of host community to sustain pressure of PAPs Land for land option shall be preferred Additional relocation allowance of 500 days minimum agricultural wages if land for land option is not feasible Resettlement if involved, close to their natural habitat Note: Vulnerable group like women headed/sc/physically handicap/ disabled families under categories 1-3 shall be considered for additional need based benefits. 23

24 ADDITIONAL BENEFITS FOR TRIBAL PEOPLE As far as possible, the practice in siting a substation is to avoid land of tribals. However, if tribal land acquisition becomes inevitable, the following benefits, in addition to those mentioned above, shall be provided to the affected tribal families: land for land option wherever possible, shall be preferred for rehabilitation of affected families; tribal PAFs shall be entitled to additional Rehabilitation Assistance (RA) of 500 days minimum agricultural wages if land for land option is not feasible or not opted and PAF willing to adopt mainstream; if resettlement is involved they will be re-settled as close to their natural habitat as possible so that they can retain their ethnic, linguistic and cultural identity; and all tribal PAFs shall be consulted through their representative or group engaged in their welfare activities for all their rehabilitation measures. POWERGRID s social entitlements within its Resettlement and Rehabilitation framework will include the following categories and compensation packages (1) LOSS OF LAND This impact primarily affects families access to space for housing (homestead) and, agricultural land. (a) (b) Loss of homestead land may impact owners with valid titles, or customary and usufruct rights. The entitlement options offered to owner will include compensation finalised by revenue authorities on prevailing market rate. In addition to that, all PAFs of this category shall be provided with equivalent area of land subject to maximum 150 sq. m. in rural areas and 75 sq. m. in urban areas free of cost. The charges towards registration of such land shall also be borne by POWERGRID. Loss of agricultural land is the most prevalent impact and may affect wide range of people ranging from big farmers to marginal farmers. It can be classified into following two categories: Persons with valid titles or customary or usufruct rights: The beneficiary will be the title holder who will be entitled to choose between an alternative land of equivalent productive potential subject to availability preferably within same village/panchayat but not exceeding 1 24

25 hectare of irrigated or 2 hectare of un-irrigated land. Registration charges for transfer of this land in the name of affected family shall also be borne by POWERGRID and cash compensation for the extent of land against which replacement land is not provided. Alternate land for allotment to PAFs shall be taken from the State Government or from voluntary sellers at existing land prices top avoid further impact. Since availability of sufficient land in the same area may be a limiting factor therefore the land for land option will be open only to agriculture based PAFs, rendered totally landless by project activities. If the alternate land is wasteland/ degraded land, all eligible PAFs shall be provided one time assistance of Rs. 15,000/- per hectare towards development of land. In case PAFs opt for cash compensation for loss of land or not eligible for land for land option, they will be provided cash compensation at replacement cost which will include compensation as fixed by competent authorities under LA act including solatium and applicable interest plus following rehabilitation assistance based on the severity of losses: 750 days of minimum agricultural wages for families loosing entire land thus rendered landless. Since these families are losing entire land, which may adversely affect their livelihood if no other source, is available. Keeping this in view, these PAFs shall be encouraged to opt for Income Generating Scheme (IGS) of equivalent amount based on aptitude/skills of PAFS for maintaining a regular income. 500 days of minimum agricultural wages for families loosing part land and consequently becoming a marginal farmer (< 1 ha. of un irrigated land). 375 days of minimum agricultural wages for families loosing part land and consequently becoming a small farmer (>1 ha. of un irrigated land) days of minimum agricultural wages for big farmers or families loosing part /negligible amount of land but left with sufficient land to sustain its family. Tenants/sharecroppers/leaseholders or Nontitled: In Indian conditions it has been observed that such persons who do not have title or ownership right on agricultural land do take up cultivation as tenants or sharecropper to sustain their families. Acquisition of such land causes only temporarily impact on their livelihood because they can shift to some other such land in the area. However, to compensate the temporarily loss they will be entitled to reimbursement of un-expired lease amount and assistance of 200 days of minimum agricultural wages. Individual will be the beneficiary in this case. Titleholder/owner of such land shall not be eligible for rehabilitation assistance in case of leaseholder, sharecropper and tenants. However, nontitled (encroachers) will get 375 days of minimum agricultural wages if they are cultivating the acquired land continuously for last three years from date of section-4 notification which shall be established through Govt. records (Voter list, Ration card etc.) or on the basis of socio-economic survey. If affected person with title to the land have encroached from their legitimate landholding onto land that they do not own, they will be compensated only for the legitimately occupied piece and legitimate assets. 25

26 The above mentioned value (amount) of rehabilitation assistance shall not exceed the amount of compensation fixed by competent authorities. Availability of Land for allotment to PAPs: Availability of land for persons opting for land for land shall be decided as follows: i) POWERGRID will take up the matter with concerned State Government for release of Government land for allotment to the eligible PAPs. ii) If Government land is not available, POWERGRID will purchase private land on a willing buyer and seller basis keeping in mind that the purchase of land does not promote any indirect displacement. The land will be purchased from voluntary sellers at existing rates finalised through negotiations. For purchase of private land a Land Purchase Committee shall be constituted by RHQ comprising of representatives of POWERGRID, Local Authorities PAFs, Gram Panchayat or any well reputed person as mutually agreed with the local authorities and PAFs. (2) LOSS OF STRUCTURE This category of impact includes Individuals/families/households losing their houses or shops and other institutional structures. (a) Loss of houses will impact families with valid title, customary or usufruct rights. The beneficiary unit is the individual having ownership right who will be entitled for cash compensation as finalised by revenue authorities and Rs. 25,000/- as one time assistance (based on prevailing Government of India norms for weaker section housing) for construction of house plus transition benefits like provision of transport or equivalent cash for shifting of material. In the case of tenants and leaseholders the beneficiary unit will be the individual who will be entitled to a lump sum payment equivalent to 6 month rent based on production of proof or Rs. 5,000/- which ever is higher as disturbance allowance to re-establish residence. In the case of squatters the beneficiary unit will be the Household/ family who will be entitled to cost of structure and one time payment ranging between Rs. 5000/- to Rs /- depending on type structure and family size because family size has direct bearing on extent of impact plus transition benefits like provision of transport or equivalent cash for shifting of material. However, to become eligible for above benefits squatters have to establish that he/she is living there continuously for last 3 years prior to section 4 notifications. 26

27 Cattle shed: It has been noticed in past that some people have erected a temporarily shed for keeping cattle in their fields which some times are not considered by authorities for any compensation if it is not properly build. Therefore to off set the loss owner of cattle shed shall be entitled to one time payment of Rs. 15,000/- in addition to compensation fixed by revenue authorities. (b) Loss of shop/l dhaba or institutional structures will affect units with valid titles, customary or usufruct rights. The beneficiary will be the individual/owner who will be entitled to cash compensation for structure and Rs. 25,000/- for construction of working shed/shop and rehabilitation assistance equivalent to 1 year income towards disturbance plus transition benefits like provision of transport or equivalent cash for shifting of material.. In case of tenants and leaseholders, the beneficiary will be the individual who will be entitled to a transitional allowance equivalent to 1 year income plus transition benefits like provision of transport or equivalent cash for shifting of material. In case of squatters, the beneficiary will be the individual who will be entitled to a transitional allowance equivalent to 1 year income plus transition benefits like provision of transport or equivalent cash for shifting of material. However, squatters will get these benefits if they are running the acquired shop/establishment for last three years from date of section-4 notification which shall be established through Govt. records (voter list, Ration card etc.) or on the basis of socio-economic survey. (3) LOSS OF LIVELIHOOD/WAGE/OCCUPATION This impact affects individual access to wage/occupation. However, in case of agricultural labour they can shift to other land since land acquired for substation is quite small in comparison to total available land in the area. But if socio-economic survey finding recognizes certain people who have lost its livelihood due to acquisition of land for substation these individuals will be entitled to rehabilitation assistance equivalent to 625 days of minimum agricultural wages preferably in shape of a Income Generating Scheme of equivalent amount depending upon the aptitude/skills posses by them or alternatively they may be offered units of equivalent amount in joint name of his/her spouse under Monthly Income Scheme for regular income. Apart from this short and need based training on development of entrepreneurship skills required for successful implementation of selected IGS shall also be organised for such PAFs by POWERGRID. 27

28 Vulnerable group like women headed/sc/st families etc. under above mentioned categories shall be considered for additional need based benefits. (4) LOSS OF ACCESS TO COMMON PROPERTY RESOURCES (CPR) AND FACILITIES In this category of impacts, the beneficiary is typically community, and the losses include loss of rural common property resources or urban civic communities. POWERGRID shall try all possible measures to avoid such CPRs for setting up of substation and if it becomes completely unavoidable than it will take following measures to negate its impact: (a) (b) In the case of rural common property resources, the beneficiary units will be the community entitled to replacement/ augmentation of common property resources/ amenities or provisions of functional equivalence. In the case of urban civic amenities, the beneficiary units will be the community entitled to access to equivalent amenities or services. (5) LOSS OF STANDING CROPS AND TREES This category of impacts includes standing crops or trees for those with valid title and tenants or lessees In all cases, the family cultivating the land will be the entitlement beneficiary. In all cases again, the beneficiary family will be entitled to cash compensation at market rate for crops. For fruit bearing trees payment equivalent to 8 years income and for other trees, compensation as fixed by concerned authorities to the owner of land. In case of tenant/leaseholder/sharecroppers payment for crop may be made to the landowner only if there is a "no objection" certificate from the actual cultivator. (6) LOSSES DURING TRANSITION OF DISPLACED PERSONS/ESTABLISHMENTS Losses in this category include those during shifting/transport. In all categories, the family or respective individual of commercial or institutional unit will be the beneficiary and will be entitled to provision of transport or equivalent cash (Rs. 10,000/- minimum) for shifting of material/cattle from existing place to alternate place. (7) LOSSES TO HOST COMMUNITIES In this category of impact, the host community, particularly in the resettled area, its access to amenities and services has reduced. The beneficiary host community will be entitled to augmentation of resources to sustain pressure of project affected persons moving from affected site. 28

29 Other Rehabilitation Measures: When alternate land is not available as per above procedures or in cases where a PAF is not entitled to land for land i.e. eligible only for cash compensation as determined by Revenue Authorities, the PAP may exercise one of the following options for his rehabilitation. A variety of income generation enterprise will be offered on the basis of: (a) (b) Consultation with PAPs and local government Socio-economic survey establishing the need for such schemes THE FOLLOWING ARE ILLUSTRATIVE: Dairy, Poultry, Handicrafts, etc. - are one of the most viable rehabilitation options. Such a project offers a good market for dairy and poultry products and this option is expected to prove beneficial. In some areas, people earn their living through handicrafts or other income generating schemes (Table -1). To encourage the PAPs and their families for taking these useful avocations POWERGRID will provide rehabilitation assistance as per the category of entitlements that will preferably be channelized through banks. TABLE -1: LIST OF INCOME GENERATING SCHEME Allied agriculture Vegetable farming Fruit orchards Social forestry Livestock rearing Dairying Poultry Piggery Goat rearing Sericulture Pisciculture Processing of cereals & pulses Dal processing Papad making Bakery products Bharbhuja, chana, dalia, manufacturing Ghani processing of edible oil seeds Bullock ghani Improved power ghani Portable power ghani Village match Industry Manufacture of pottery products Decorative Earthen pipes Pots and pans Fruit processing and preservation Canned fruits Chips and wafers Dry fruits/vegetables Carpentry and blacksmith Bee Keeping - wax and honey Fiber products Rope making Ban making Bamboo and cane products 29

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