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 4 (Managuli Talikota - Tadasa) RP946 v5 June 2012

2 Table of 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... 4 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... 8 Valuation of Assets on land under LA... 8 Valuation of Crops... 8 Valuation of other structures/assets... 8 Site Requirement for and impacts... 8 Loss of Community Assets... 8 III. BASELINE CENSUS SURVEYS AND CONSULTATIONS...10 Characteristics of displaced households Major and Minor Impacts Vulnerable groups Consultations IV. IMPLEMENTATION MECHANISMS...14 Institutional Arrangements i

3 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 Additional Impacts Budget Disclosure Annexure 1: Guidance Value of land as on May Annexure 2: PAF DETAILS 10 A...25 Annexure 3: PAF DETAILS 10 B...29 Annexure 4: Community Asset Details...36 LIST OF TABLES Table 1-1: Summary Tables on Impacts... 3 Table 2-2: Summary Table on Community Assets... 9 Table 3-1: Baseline Socio Economic information - for Major impacts Table 3-2: Distribution of PAFs by Major and Minor Impacts for WAP 4 (10 A&B) Table 3-3: Consultation Summary Table 4-1: R& R Assistance Table 4-2: Time line for Key LA and R & R Activities... Error! Bookmark not defined. Table 4-3: Time line for LA and R & R Activities... Error! Bookmark not defined. ii

4 Table 4-4: Monitoring Indicators for Physical Progress Table 4-5: Budget Table 4-6: Guidance Value of land Table 4-7: PAF Structure details of link 10A (Managuli - Talikota) Table 4-8: PAF Structure details of link 10B (Talikota - Devapur) Table 4-9: Community Asset Details of link 10A (Managuli - Talikota) Table 4-10: Community Asset Details of link 10B (Talikota - Devapur) LIST OF FIGURES Figure 1-1: Distribution of PAFs for WAP Figure 1-2: Distribution of PAFs for link 10B 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 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 iv

6 SHG SIA ToR UR ZP Self Help Group 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 categorized 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 4, is an Annuity package which covers kms consisting of 2 links, passing through the districts of Bijapur and Gulbarga. This Resettlement Implementation Plan covers the implementation requirements for Package WAP 4. In this package about 4 acres 18 guntas land has to be acquired, of this 3 acre 39 guntas is dry land, there are no wet land, 08 guntas is plantation and 0.11 guntas is kharab land. As a result of land acquisition and related impacts, 36 PAFs will lose part of their land; and another 226 PAFs lose their house hold/commercial/ assets /livelihood are getting affected. In addition, 106 community assets will also be affected. Out of these impacts, 183 PAFs are in the major impact category losing their houses/shop and livelihood and 79 PAFs in the minor impact category who loses only part of their land or assets and the remaining land and asset is sufficient to continue their shelter and livelihoods. A baseline survey was conducted amongst affected people who indicate that a large majority of them are Hindus which dominate with percent followed by Muslims at percent. Distribution of PAPs by occupation indicates that percent are in agriculture; agricultural labourers account for 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 secondary education account for percent and professionals account for 0.35 percent. Average land holding size is acres. A look at the ownership of household assets indicate percent own televisions; 9.16 percent own 2/4 wheelers while only 6.22 percent own refrigerators. Public consultations were held at two important locations along this corridor in November, 2008 and 110 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 the 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, improvement in designs and facilitating inputs for the resettlement plan preparation and implementation During the consultations people asked for equal widening from the center line; it was explained that this will done as per wherever it is technically feasible, taking into consideration the likely impacts. People wanted to know about what the project would provide in terms of entitlements, which was explained to them. It was explained that what the livelihood options are likely to be made available from the project such as income generation grant. On the issue of safety, it was explained that safety was a part of the design and all precautions will be taken such as signages, barriers etc. Safety concerns have been addressed by building foot paths in built up area, providing foot path barricades, school/village signages, rumble strips and road humps. People also asked for relocation of community assets, it was explained that community assets if affected will be replaced and relocated by the project authorities. 1

8 The GOK has adopted the Resettlement and Rehabilitation (R&R) Policy for KSHIP- II consistent with the NRRP, 2007 and the World Bank policy on involuntary resettlement to address the 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 through negotiation. Negotiation Committee has been to negotiate the price of land with the landlord. The minimum negotiated price will be twice the current guidance value for Bijapur and Gulbarga district. Key issue related to resettlement and land acquisition identified as of now is the site requirement. Based on the joint verification report of the NGO, 38 sites will be required for non- titleholders. The titleholder verification is under progress. 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; support for non-titleholders to provide alternate house or developed plot + construction cost for those losing residential structures; support for providing alternate shop or income generating asset to those who lose 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 4 will be implemented by KSHIP 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.3.33 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 Bijapur and Gulbarga 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 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, amongst 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 4 covers kms consisting of 2 links. The details about the package are given in Table 1. In the annexure the lists of those loosing structures are provided which are enumerated in and verified by NGOs in Details of those loosing land are given in the notifications issued u/s 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 data 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, the keep on changing on regular basis and they can easily find another alternative place to continue their petty business. Table 1-1: Package Details Link Description Length Districts Taluks Cutoff date 10A Managuli - Basavana Bijapur Basavana Bagewadi, Bagewadi - Talikota Muddebihal 10B Talikota - Hunasagi Gulbarga, Shorapur Devapur 3. WAP 4 falls within the Northern Karnataka Plateau, with mixed land use. 4. The entire package is regarded as a single milestone. Link 10 A is from chainage 0+00 to and link 10B is from 0.00 to In this package 4 acres 22 ½ guntas land has to be acquired, of this 4 acre 9 ½ guntas is dry land, there are no wet land, 8 guntas is plantation and 5 guntas is kharab land; there are 226 PAFs whose house hold/commercial structures/ assets/ livelihood is getting affected. There are 106 of community assets getting affected. In this Package there are 36 PAFs losing land. The PAPs listed in this RIP is as recorded during the cut-off date and further verified by the NGOs. 6. Key issue related to resettlement and land acquisition identified as of now is the site requirement. Based on the joint verification report of the NGO 38 sites will be required for non- titleholders. The titleholder verification is under progress. 3

10 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 finalising the RIP includes, Joint verification, distribution of ID cards, identification for sites for relocation, identification of income generating options, identification of vulnerable people who are getting any assistance from the State 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. Minimization of Impacts and Corridor of Impact 9.. There are 8 cross section options adopted in this package to minimize impacts, the COI width varies from 11 m to 26m. In Basavana Bagewadi town specific cross sections have been designed ( UR4A and UR4B). Besides this, safety concerns have been addressed by building foot paths in built up area, providing foot path barricades, school/village signages, rumble strips and road humps have also been provided. The different cross sections used are: 1. UR1A Rural Cross section with paved shoulders varying from m 2. UR1B Rural Cross section without paved shoulders varying from m 3. UR1C Rural Cross section with paved shoulder to maximum width of 20 mt. 4. UR2 Rural Cross section through village width varying from 11m to 22 m. 5. UR3 Urban Cross Section in built up area with covered drain with a maximum width of 22 m 6. UR4 Urban Dual lane Cross section in built up area with covered drain with a maximum width of 24 m. 7. UR4A Urban Dual Lane Cross- Section in built up area with covered drain in link 10 A from chainage to at Basavana Bagewadi 8. UR4B Urban Dual Lane Cross- Section in built up area in link 10 A from chainage to at Basavana Bagewadi 4

11 Table 1-2: Summary Tables on Impacts Link 10 A 10 B Description TOTAL LA Pvt ( in acres) 2Ac 23 guntas 1Ac 34 ¼ guntas 4 Ac 22 ½ guntas Land Transfer ( in acres) Major Impact Minor Impact Community Assets 2 guntas gunta guntas

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 4 acres 22 ½ guntas land has to be acquired, of this 4 acre 9 ½ guntas is dry land, there are no wet land, 8 guntas is plantation and 5 guntas is kharab land In this package, total land required is 4 acres 17 ½ guntas. 5 guntas of government land has to be transferred. 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 10 PAFs who are losing 5 guntas and more of agricultural land as per preliminary notification. Land Acquisition Status 1. The Notifications under section 15 under the KHA for WAP 4 (links 10 A and 10 B) has been published in September 2010 vide GO No: PWD 107 EAP 2010, dated for 10A; and vide GO No: PWD 137 EAP 2011, dated for 10B. The last date for filing of claims along with relevant documents for 10 A was and for 10B it was Guidance Value 12. The Guidance Value of land for different categories of land, for the villages along the project road is given in Annexure 1. This guidance value will be referred to by the Negotiation Committee. 13. 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. 32,000 per acre in Kalladevanahalli village to Rs 1,00,000 per acre in Basavana Bagewadi village. Negotiation Committee 14. 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 No. 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. 15. For Link 10 A Assistant Commissioner Bijapur will be the Chairman. The Assistant Commissioner of KSHIP, Belgaum will be Member Secretary; Executive Engineer Belgaum Division will be Member. Zilla Panchyat members will be nominated by 30 th June,

13 For Link 10B Assistant Commissioner, Yadgir will be Chairman. AC (LAQ) KSHIP will be Member Secretary and Executive Engineer, Belgaum will be Member. Zilla Panchyat members will be nominated by 30 th June 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 Raichur and Gulbarga district. 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 16. 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 offering of compensation, the NGO shall collect the remaining documents such as 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. 7

14 Failure of KHA and Appellate Committee 17. 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 18. 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 only for those who agree for consent award. Based on the valuation another 30% will be given as top up. Crops / Trees will be valued by the Agriculture / Horticulture / Forest department. Valuation of Crops 19. Crop loss will be compensated based on the valuation done by the Agriculture/Horticulture Department. Valuation of other structures/assets 20. 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 and impacts 21. Actual requirement of sites in each package, has been indicated in the Joint Verification report of NGO. In this package 38 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 22. In the contract package WAP 4, 106 community Assets getting affected. 8

15 Sl. No. Type of Community Asset Table 2-1: Summary Table on Community Assets 1. Temple/Shrines Aralikatte Bus Shelters Hand s MWS/Water supply tanks 4 6. Borewells Others 20 Total All community assets on Government land will be shifted by PIU. All assets on private land will be shifted with assistance of NGO. There are two community assets belonging to private trust and another two CPRs on private land. In case these assets are affected, compensation has to be paid according to the entitlement matrix. 24. For Temple/shrine, Aralikatte, new site has to be identified by NGO in coordination with SDO/SWI at the Divisional level. This site should be a Grama thana 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 at least 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/SWI and NGO will jointly convince the concerned village people to demolish the existing structure, and shift the activities to the new place. 25. 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/SWI. The chainage wise community assets details are given in Annexure 4. No 9

16 III. BASELINE CENSUS SURVEYS AND CONSULTATIONS Characteristics of displaced households 26. 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 October 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. 27. Among religious groups, Hindus dominate with percent followed by Muslims at percent. Distribution of PAPs by occupation indicates that percent are in agriculture; agricultural labourers account for 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 33.76; those with secondary education account for percent and professionals account for 0.35 percent. Average land holding size is acres. A look at the ownership of household assets indicate percent own televisions; 9.16 percent own 2/4 wheelers while only 6.22 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. Table 3-1: Baseline Socio Economic information - for Major impacts 1. Losing total house Average area sq.m 3. % of houses electrified % of houses having water supply Nil 5. Average earning Rs. 28, % of earners 30.17% 7. % of PAPs earning less than Rs.26,000* 13.56% 8. Average land holding (out of 36 PAFs) Acres 9. % of Farmers having less than 2.20 acres of holding (out 11% of 36 PAFs) 10. % of PAPs in agriculture 1.69% 11. % of PAPs working as agriculture labour 6.10% 12. % of PAPs in the service sector 0.17% 13. % of PAPs in Commerce and Trade 24.24% 14. Loss of commercial structures Type of commercial structure 1 Pucca 0.00% 2. Semi pucca 9.09% 3. Kutcha 90.91% 16. Average area of commercial structure 7.27 sqm 17. Type of shops affected (majority) 1. Pan/cigarette 25.14% 2. Tea shop/hotel % 10

17 3. Barber % 18. Average monthly turnover of shops 1. Rs.13, Ownership of Household assets 1. Television % 2. Telephone 18.58% 4. 2/4 wheeler % Note : * Rs.26,000 has been taken as the cut off for BPL Major and Minor Impacts 28. The list of major and minor impacts for this package is given below. Sl. No. Table 3-2: Distribution of PAFs by Major and Minor Impacts for WAP 4 (10 A&B) Extent of Loss Owner Tenant Major Impact 1 Losing Total House Losing Total Com. Struc Losing Total House and Com. Struc Tenants Losing Total Livelihood Marginal Farmers Total Major Impact Minor Impact 1 Losing only Part of House Losing Part of Com. Struc Losing Part of House and Com. Struc Partial Plot Total Boundary Wall Partial Boundary Wall Cattle shed Non Marginal Farmers Others (Toilet, Steps etc.) Total Minor Impact Total Major & Minor Impacts

18 Figure 1-1: Distribution of PAFs for WAP4 Figure 1-2: Distribution of PAFs by Major Impact for Package WAP4 12

19 Vulnerable groups 29. Based on the Census survey there are 103 PAPs who come within the purview of vulnerable group. The categories include 34 widows; 61 persons above the age of 60 and 8 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 will be verified further whether are getting pension/ or other 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. Consultations 30. Two consultations were carried out in this package. The outcome of the consultation are summarized below Date: ; Place: : No. of Participants: 25, covering 6 villages. Table 3-3: Consultation Summary Section Details Issued Raised Response of project Authority 1 10A Alternative site for relocation of BPL squatters will be provided as per policy People wanted to widen the road equally from the centerline. They wanted know what compensation will be paid to title holder and non title holders Those losing house wanted to know what alternative would be provided by the project. Most of the people asked for alternative house/site. The people asked for safety measures in hospital and school zones. Asked for relocation of community assets and public utilities. s asked for alternative livelihood option and for commercial sites. The people wanted equal widening of road. This would be done if it is technically feasible. Assistance for squatters will be according to the Project Policy. II 13B Date: ; Place: Hunasagi ; No. of Participants: 85, covering 10 villages. The people asked for equal widening of the road from the existing centerline. This will save a number of structures from getting affected by road widening. Those losing houses wanted to know what alternatives would be provided by the project. There are some important community assets, such as the near Temple and aralikatte are getting affected. The people asked for the relocation of the same. The people wanted to know about the The people wanted equal widening of road. This would be done if it is technically feasible. Community assets being affected by the project will be replaced by the project, on gram thana land provided by the panchayat. 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. compensation to be given by the project. 13

20 Institutional Arrangements IV. IMPLEMENTATION MECHANISMS 31. 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. 32. The SDRC, PIU will facilitate land acquisition and compensation, relocation and resettlement, distribution of assistance to the PAPs. The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. WAP 4 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 SDRC will be supported by the NGO for implementation of RAP. Extending R& R Assistance to PAPs 33. 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 issued 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. Table 4-1: R& R Assistance Entitlement Category of loss Entitlement Category 1a 36 PAF losing land 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 1 Narrow stretch of land is defined as persons losing upto 5 guntas of land. ** This will be verified after Section

21 Entitlement Category Ib IIIa IIIb Category of loss 1owner losing total residential structure 27 s losing residential structure 146 losing commercial structures 3 losing residential cum commercial structure Entitlement all other benefits. Additional amount of Rs 24,200 to those who 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 House in resettlement colony or developed plot and construction cost of Rs. 60,000 linked to construction progress. Subsistence allowance of Rs.18,150; Shifting Allowance of Rs Alternative shop of 100 sq.ft or assistance for income generation asset valuated upto Rs. 36,300; Subsistence allowance of Rs.18150; Shifting Allowance of Rs House in resettlement colony or developed plot and construction cost of Rs. 60,000 linked to construction progress OR. Alternative shop of 100 sq.ft or assistance for income generation asset valuated upto Rs. 36,300 Subsistence allowance of Rs Shifting Allowance of Rs.6050 IIIc 38 encroachers Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation Va 103 Vulnerable Assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) Lump-sum amount of Rs. 25,000 Implementation support by NGOs 34. 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. *These entitlements will be applicable only when the farmers submit the landholding/ marginal farmer document, and if found applicable. 2 Developed plot will be restricted to those who do not have any homestead land. 15

22 35. 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. 36. In order to carry out the above tasks, NGO staff will be stationed in the site office at Basavana Bagewadi. 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. IR Activities 37. There are two types of IR activities, i.e. short term and long term. Income generating activities will have to be identified for 146 commercial squatters and 3squatter losing residential cum commercial 16

23 structure. Process of identifying income generating options for commercial squatters is under progress. 38. 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. 39. 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. 40. 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 41. 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 to verify as to how the R&R activities are realized and the 17

24 changes in the living conditions of the PAPs which will be compared with the baseline data on key impact indicators related to income, occupation, assets, housing conditions, landownership pattern, etc. Grievance Redressal mechanism 42. The project will establish a Grievance Redressal process with district-level committees. The following persons constitute the District Level Grievance Redressal Cell : 1. Deputy Commissioner of the District Chairman 2. Academician (to be selected by the DC) Member 3. Representative from PAPs (to be selected by the DC) Member 4. Divisional EE Convener The members of the GRC to be selected by the DC and representatives from the PAPs are under progress and will be completed by 30 th June, The main functions of the GRC will be: a. to provide support to PAPs on problems arising out of eligibility for RAP-provided entitlements and assistance provided; b. to record the grievances of the PAPs, and categorize, prioritize and solve them within one month; c. to inform PIU of serious cases within one week; and d. to report to the aggrieved parties about the developments regarding their grievance and decisions of the PIU, within one month. 44. The Grievance Committees will meet regularly during implementation of the RAP, at least once a month. The committees will suggest corrective measures at the field level itself and fix responsibilities for implementation of its decisions. However the NGOs will form the first level of intervention in resolving PAP related grievances and attempt to motivate the PAP to facilitate implementation of the R&R program. Details regarding registering complaints, response times, communication modes, and mechanisms for appeal or approaching civil courts if other provisions fail are: 1. At the first level intervention the NGO will attempt to resolve the grievance; 2. Next the CAO will attempt to address land related grievance and the ADSW will address the nonland related grievances; 3. The third step will be to approach the Grievance Redressal Committee; 4. Next the PAP can approach the Regional Commissioner who is the Appellate Authority. 5. If all the above fails, the PAPs can approach the court. It is the responsibility of the SDRC/NGO to inform the affected person s decisions of the GRC to make it effective. 18

25 Resettlement Colonies and Vendor Markets 45. In this package there is no requirement for resettlement colony, as more than 20 families are not losing their residential structure in this stretch. Protection of RoW 46. Section 5 of the KHA mentions the Highway Authority will exercise power and discharge duties in accordance with provisions of the KHA for restriction of ribbon development along the highways and for prevention and removal of encroachments. The Highway Authority under Section 7 has power to fix boundary of building and control lines of highways. Section 21 mentions prevention of unauthorized occupation of highway. Thus the onus of protecting the COI/RoW lies with the Project Authority. Once the COI/Row has been identified and frozen, the COI/RoW has to be clearly marked with boundary stones. 47. Any new encroachment into the area will be monitored by the concerned KSHIP Division; The Divisional Engineers shall visit the project roads periodically, at least once in three months, in order to ensure that no new encroachments take place and submit quarterly reports in this regard. Any additional encroachments noticed through periodical visits will be issued notices immediately and their shifting will be done immediately to avoid implications R&R assistance to those additional movers. To avoid future encroachments, it is proposed to construct drains at the edge of ROW and ROW stones will also be laid. 48. The NGOs shall take photographs of the affected structures at the time of joint verification and also after their shifting / demolition of the affected portion and prepare documentation of structures. 49. Those Non-titleholders already identified by the project will be issued Identity Cards by the PIU. All new encroachers / squatters not present during the time of survey, will have to be verified by the NGO/PIU. All squatter and encroachers have to be shifted from out of the COI and RoW. Those who remain in the Row will not be eligible to entitlements Impacts on Municipal Towns 50. Verification for non- titleholders has already been completed on this package. All the persons identified at the time of survey and verified by the NGOs at the time of Joint Verification but subsequently shifted by the Municipalities will be extended assistance as per the RAP. 51. KSHIP shall address all the Municipalities in the Project Roads informing them of the Rehabilitation and Resettlement Policy of the Government under KSHIP-II and the details of persons identified as Project Affected Persons in their jurisdiction. If the Municipality wants to shift any of them for their development works, they may do so after providing them assistance as per the R&R Policy of the Government or inform the details of such persons to KSHIP for extending assistance under the project. 19

26 52. In this package the project road passes through the Municipality areas of Basavana Bagewadi. The Municipality will be addressed informing them of the Rehabilitation and Resettlement policy of Government under KSHIP-II project and the details of the persons identified as Project Affected Persons in their respective jurisdiction. In case the Municipalities / Corporation desire to shift any of the Project Affected Person on account of development work, they may do so after providing assistance to them as per the R&R Policy of Government or inform the details of such displaced persons to KSHIP for extending assistance to them under the project Data Base Management 53. The database generated will be used for tracking progress of this package by PIU. The data in the HQ will be updated based on the information sent by the division office. PIU will be responsible for tracking payments, generation of ID cards etc through the Data Base Management Consultants. The socio-economic data for all PAPs are recorded in the data base and will be used for monitoring and impact evolution and other purposes. Compensation and R&R assistance payment: 54. All the compensation and R&R assistance will be directly credited to the individual Bank A/cs. The deduction of income tax is not applicable for receipt of compensation. The NGOs will assist in opening of the Bank A/cs and the details of payments will be recorded in the individual Identification Cards and Pass Books. In case where the house/shop plots are allotted, the titles to those will be provided in the joint name of wife and husband. Co ordination between R&R and Civil works 55. The resettlement program will be co-coordinated with the timing of civil works. The Civil works for this package is expected to start in June R&R and land acquisition is estimated to be completed by August Under the Annuity Packages all land has to be handed over at one stage. This will be after issue of Notification under Section 19 of KHA. The timeline for key activities is given below. 56. The implementation of RIP will be performed in coordination with the procurement process and civil works. The key milestone in the process includes: issue of bids, signing of concession agreement, appointed date and handing over of second milestone stretches within three months of appointed date. The various land acquisition and resettlement implementation actions to be completed prior to those milestones which are listed below with respective target dates. The completion of these actions will be certified through certification and confirmation by the M&E Consultant. I Table 4-2: Time line for Key LA and R & R Activities Tasks Target Date Prior to Event Land Acquisition Land Acquisition Plans Section 15 Notification (first Issue of bids notification) 20