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2 CONTENTS REFERENCE CHAPTER-I CHAPTER-II CHAPTER-III CHAPTER-IV CHAPTER-V HEADING BASELINE DATA AND SOCIAL ASSESMENT Introduction Project Highlights Project Scope Objective of the study Land requirement Land acquisition status Social Assessment process Project area profile Profile of PAPs Introduction Background Profile of PAPs Caste Composition Gender Marital Status Average landholding size Loss of Income of PAPs Legal requirement Introduction Legal process of Land Acquisition Policy Entitlement POWERGRID s Social Entitlement Framework Grievance Redressal Procedure Key Definitions Adarsh Punarvas Neeti Public consultation Introduction Consultation during SES Public Consultation Public Consultation Community Development Work Rehabilitation Action Plan Introduction Impact of the project Compensation PAGE NO 5 to to to to to 56 3

3 CHAPTER-Vi Rehabilitation Assistance Developmental work Budget IMPLEMENTATION AND MONITORING OF RAP Introduction Implementation Monitoring Grievance Redressal Committee 57 to 61 4

4 Chapter 1 BASELINE DATA AND SOCIAL ASSESSMENT 1.1 Introduction Power Grid Corporation of India Ltd. (POWERGRID), the Central Transmission Utility of the country and a Navratna Company operating under Ministry of Power, is engaged in power transmission business with the responsibility for planning, co-ordination, construction/strengthening its transmission network to establish interstate and interregional links for enhancing the capacity of National Grid, supervision and control over interstate transmission system and operation of National & Regional Power Grids. POWERGRID, as a nodal agency for grant of Long Term Open Access (LTOA) is also taking proactive steps for timely development of transmission systems for Independent Power Projects (IPPs). POWERGRID is certified with Integrated Management System (IMS) as per Publicly Available Specification, PAS: 2006 integrating requirement of ISO 9001:2008 (Quality), ISO 14001:2004 (Environment) and OHSAS 18001:2007 (Occupational Health & Safety Management System). All the establishments of the company have been audited for Social Accountability System, SA 8000:2008. Construction and improvements in infrastructure projects including power projects is not purely a technical issue but has wider socio economic implications in the overall development of the economy. Acquisition of lands from people necessitated by improvements in power sector such as construction of sub- stations may result in some adverse social impact on the people whose land is acquired. Such a change may lead to economic and cultural disruption to the affected people. Thus, to address these issues a Rehabilitation Action Plan (RAP) is essential for the Project Affected Persons (PAP) to offset the trauma and to develop and implement program which are meaningful and workable such that the affected persons will not become worse off economically than before. POWERGRID in recognition of this has incorporated the preparation of the Rehabilitation Action Plan (RAP) and its implementation as an integral part of the Social Assessment process described in its Environmental and Social Policy & Procedures (ESPP). The need for the RAP had been identified by the initial assessment and the analysis of expected social impacts which require appropriate mitigation measures for all PAPs who, on the basis of an established cut-off-date, will be losing land or other assets or livelihood, as a result of project implementation. In this context POWERGRID had invited and awarded M/S. Mittsoo Solutions (P) Ltd, New Delhi, for undertaking a verification and socio-economic survey to obtain accurate information on the Socio-economic profile of PAPs/PAFs to prepare the Rehabilitation Action Plan (RAP) for the proposed ± 800kV HVDC Terminal and 765/400kV 6x1500MVA Pooling sub-station in Janjgir - Champa district under its Transmission System associated with WR-NR HVDC Interconnector for IPP Projects in Chhattisgarh. On the basis of SES data RAP has been prepared. 5

5 The present report deals with the baseline socio-economic condition of the area and people, who will be affected by land acquisition for the construction of ± 800kV DC Terminal and 765/400 kv Pooling Sub-station at Champa, in Janjgir-Champa District of Chhattisgarh. 1.2 Project Highlights a) Project : WR-NR HVDC interconnector for IPP Projects in Chhattisgarh b) Location of the Project : Western Region c) Beneficiary States : Western/Northern Region Constituents d) Project Cost Rs Crores at 4 th Quarter 2010 Price : Level (including IDC of Rs Crores) Part A: Rs Crores (IDC Rs Crores) Part B: Rs Crores (IDC Rs Crores) e) Monthly Fixed Charges : Part A: Rs Lakhs on Base Cost Rs Lakhs on Projected Completed Cost Part B: Rs Lakhs on Base Cost f) Commissioning schedule Rs Lakhs on Projected Completed Cost : The Transmission System is proposed to be implemented within 48 months from the date of investment approval. 1.3 Project Scope Part A: WR NR HVDC interconnector for IPP Projects in Chhattisgarh Transmission line a) A 800kV, 3000MW HVDC bipole between Champa Pooling Station Kurukshetra(NR) [provision to upgrade HVDC terminal to 6000MW at a later date] 1365km Substation a) 765/400 kv Champa Pooling Station [New] b) +800kV HVDC Station [New] Part B: Transmission System Strengthening in Northern region for IPP Projects in Chhattisgarh Transmission line 6

6 a) Kurukshetra(NR) - Jallandhar 400kV D/c(Quad) one ckt. via 400/220kV Nakodar (PSTCL) S/s 268km b) LILO of Abdullapur Sonepat 400kV D/c(triple) at Kurukshetra 50km Substation a) 400/220kV Kurukshetra Sub Station [New] b) 400/220kV Nakodar (PSTCL) Sub Station [Extn] c) 400/220kV Jallandhar Sub Station [Extn.] The present report deals only 800/765 KV Substation at Champa. 1.4 Target Beneficiaries The target beneficiaries of the generation projects are constituents of the WR and NR. 1.5 Objective of Study 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, 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: 7

7 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 people s 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 Land Requirement Land was required for establishment of 765/400kV Champa Pooling Station and +800kV HVDC Station [New] -HVDC Rectifier module of 3000 MW capacity at Champa Pooling Station In the instant case, total Private land of Acres has been acquired in the two villages namely: Taga (95.20 Acres) & Chorbhatti (9.07 Acres) and 158 Acres of Govt land for Terminal & Pooling S/S of Champa at the villages Taga and Chorbhatti (all adjoining). Total land acquired is Acres Measures to Avoid or minimize Social impacts It has always been the endeavor of the POWERGRID to minimize R & R by using government land wherever possible for its infrastructure development. In the absence/ non-availability of government land, private land may be selected with minimum social impact associated with land loss; POWERGRID has a well-developed process of selection of site for new substation, apart from reducing the extent of land requirement through improvement in design and other parameters. In this project also POWERGRID had explored many alternative sites suggested by district collector and finalized the land, keeping in mind all the principles of policy to minimize the social impact. 8

8 Initially, 5 alternatives were identified in consultation with Dist. Authority out of which one was selected by Land selection committee for finalization but could not be taken up for Land acquisition process as some portion of the land was earmarked for mining purpose by Govt. of Chhattisgarh. During review meeting taken by Chief Secy. Chhattisgarh it was intimated to POWERGRID to identify other alternatives of lands for selection. Accordingly, POWERGRID later on identified another 5 alternatives at villages:1) Mahuda 2) Kurda 3) Saragaon 4) Taga & 5) Pauna, all in Janjgir-Champa dist. of Chhattisgarh. Alternative-1 (Vill.-Mahuda): This site is at Mahuda village in Champa Tehsil, Dist.- Janjgir-Champa and located at a distance of 6 Km from Champa on Champa Korba Road and 2 Km off of the road. It is observed that major portion of the land is highly undulated with a level difference of 20 to 25 meter, presence of one 400kV D/C transmission line, with hutments/ dwelling units, earmarked as grassland (grazing)/jhadd or jungle land and in some portion plantations for sericulture activities. Mining activities of limestone are also noticed in adjoining area. Hasdeo River is also flowing in the vicinity of the land. Alternative-2 (Vill.-Kurda): This site is at Kurda village in Champa Tehsil, Dist.- Janjgir- Champa and located at a distance of 5-6 Km from Champa on Champa Korba Road and 4 Km off of the road. It is observed that major portion of the land is highly undulated with a level difference of 10 to 15 meter. Hasdeo River is also flowing near the land and there is a possibility of flooding because of mining activity in some portion. Land area is about 150 acres which is inadequate as per requirement. Alternative-3 (Vill.-Saragaon): The site is near Saragaon/Deori-Sontri village at a distance of about 15Km from Champa on Champa-Raigarh Road (NH-200) and 3-4Km off the road. Govt. land about 135 Acres is available but to accommodate HVDC & Pooling stn 135 Acres more land of private in nature is required and available adjacent. Most of the Govt. land is barren with uneven ground of level difference 5 to 6meter and with a water body of size about 150mx150m whereas Pvt. land is plain and entirely cultivated/ agricultural. Alternative-4 (Vill.-Taga): The site is near Taga village at a distance of about 13-14Km from Champa on Champa- Raigarh Road (NH-200) and 2-3Km off the road. Govt. land about Acres is available and private land about is available. Most of the Govt. land is barren with uneven ground with a gradient of 4 to 6 meter and in private land some irregular cultivation is observed in patches. Corridors for incoming & outgoing lines are available. Alternative-5 (Vill.-Pauna): 9

9 The site is near Pauma village at a distance about 14/15 Km from Janjgir and 3 to 4 Km of the Road NH-200. On eastern side of the land limited corridor is available due to presence of Pauna village. Certain areas of the land are identified as mining purpose. The committee also observed that limestone activities are going on. An approach tar road to Pauna village and an irrigation canal is passing through the land. A 400kV D/C Madwa- Raipur Transmission line of M/s CSPTCL is passing through western side of the land. Considering all the options/alternatives as briefly explained above, the committee opined that Land in Taga Village as listed in Sl. No. 4 above would be best suitable for the Terminal and pooling sub-station techno-economically including environmentally & socially, hence the committee recommended the same for acquisition of land Land acquisition status The selected land comprises of Acres of private land and 158 Acres of Govt land for Terminal & Pooling S/S of Champa at the villages Taga and Chorbhatti (all adjoining). The details of main activities of land acquisition are as follows: S. Name of Village Land area Main activities under Land No. acquired Acquisition 1. Taga Acres Section-IV notification (Annexure-I) Section-VI notification (Annexure-II) Section-XI Notification (Annexure-III) 2. Additional land Acres Section-IV notification (Annexure-IV) village Taga Section-VI notification (Annexure-V) Section-XI Notification (Annexure-VI) 4. Chorbatti Acres Section-IV notification (Annexure-VII) Section-VI notification (Annexure-VIII) Section-XI Notification (Annexure-IX) 5. Total Acres Possession of Private land started from (Annexure-X) and progressively they have given possession. For additional land possession has been given in April Govt land 158 Acres Possession of Govt land (Annexure-XI) 6. Total Acres (Pvt Land +Govt Land) Date % possession on and balance 23 % on Social Assessment process In order to assess the basic socio-economic condition of the area and the resultant impact of land acquisition for ±800kV HVDC Terminal and 765/400kV pooling Substation at Champa on the local population, a socio-economic survey was conducted by M/s. 10

10 Mittsoo Solutions (P) Ltd, New Delhi. The objectives of these socio-economic investigations were two folds. The first one was to indentify, assess and evaluate the broad socio-economic resources base and socio-economic profile of the immediate region (i.e. village) with an implicit purpose of assessing the absorption capacity of the immediate local region. This was mainly carried out through published census data. The second objective was to know and understand the socio-economic characteristics features of the affected households, as also their aptitude and preferences for rehabilitation. Methodology The following steps were taken to meet the objectives of the study. Steps 1: Enumeration of Project affected Structure This task aimed at identifying the various-structures that were likely to be affected as a result of demarcation of land to be acquired for the construction activities. This included information such as type of building (formal structure or hut) ownership, use and type of construction. Further, it was also necessary to record the names of persons practicing cultivation or any other activities in the subject land required for construction activities. The identification of project affected land is supplemented by photo documentation. Steps 2: Baseline Socio-economic Survey This survey aimed at collecting information at household as well as family level wherever possible in order to ascertain the present socio-economic status of PAPs. The given information covers demographic profile, occupation, income and expenditure levels, housing conditions present use of land (type of crops grown), socio-cultural aspects, and details of other relevant information. Steps 3: Survey of commercial establishment As per the POWERGRID guidelines, this task constitutes an integral part of the study. But since there is no structure of this nature in the project area, the present report is silent on this issue. Steps 4: Community participation / Focus group meetings Further, focus group meeting were organized with women and other target groups in order to elicit the information on various issues for drawing an effective action plan. Steps 5: Preparation of Action Plans Based on the findings of above described tasks, an action plan has been drawn. The basic idea of the research team, which went into the area of the proposed project, was to gauge the quantum and quality of effect of the proposed land acquisition on land looser on other inhabitants of the village. The first step of the survey team was to create an atmosphere wherein meaningful work could be pursued. Gradually they were made to understand the fact of inevitability of acquisition and were asked to cooperate in the socio-economic survey to derive the benefits of the projects as well as the POWERGRID s R&R policy. 11

11 The second step was to identify the affected households and physically verify the land proposed to be acquired through an on the spot survey and observation. This was followed by a long period of convincing the house holder to part with information. The Project Affected Persons (PAPs) were largely appreciative of the research teams initiative in bringing them down to the discussion level which provided them with an opportunity to elaborate on the degree of harm being caused to them in the socio-cultural and economic terms. The womenfolk were catered to by the female researchers in view of the social taboos while the community opinion was gauged through the Focus Group Discussions (FGD). Thus, the hallmark of the approach adopted was aimed at pacifying the resentment. This changed the PAPs from being reluctant and passive to vibrant and cooperative. Further it also ensures a means for an objective socio-economic assessment of the impact of the proposed project on the people of the area. The application of this methodology gained quick success, the culmination of which was in the form of this report. Diagram 1.1 details out the land acquisition and socio economic survey process in the succeeding page: 12

12 Land Acquisition Process R&R Framework Selection of Substation Site Preliminary assessment Socio-economic survey (in house if PAFs < 40 or 3 rd party if PAF> 40) Application for LA to state govt. through DM/DC Preparation for survey (Finalisation of Consultant for survey, if required) SEC-4 Notification Commencement of survey SEC-6 Notification SEC-9 Notification 3 months Survey Completion SEC-11 Award Disbursement of Compensation Public consultation on Draft RAP Draft RAP/SAMP based on survey findings Finalisation of RAP/ SAMP SEC-16 possession of land Implementation of RAP/ SAMP at site Commencement of construction activity Monitoring by RHQ / ESMD Periodic review by Management Completion of RAP / SAMP implementation MIS (Monthly Progress Report) Diagram 1.1 Land Acquisition and socio-economic survey Project area profile The sub-station is located at village Taga and Chorbhatti, district. Janjgir- Champa. The details of district Janjgir-Champa are given below: Profile of district Janjgir-Champa: 13

13 The proposed HVDC & HVAC Pooling substation shall be a new one located at Janjgir- Champa district in Chhattisgarh State to be constructed and owned by POWERGRID. The District Janjgir-Champa was established on 25 May This district is situated in the center of Chhattisgarh and so it is considered as Heart of Chhattisgarh. The District Head Quarter Janjgir of the district Janjgir-Champa is the city of Maharaja Jajawalya Dev of Kulchury dynasty. The Janjgir-Champa district is a major producer of Food Grains in the state Chhattisgarh. The Hasdeobango project has been considered as life supporting canal which is connected with rivers Hasdeo and Ahiran for the district Janjgir-Champa. Under this project 3/4th area of the district is covered for irrigation. Janjgir-Champa district total area being Hectares is bounded by Raigarh district in the east, Bilaspur district in the west, Korba and Bilaspur district in the North, and Raipur and Raigarh district in the south. It lies between 21.6 degree to 22.4 degree towards North and 82.3 degree to 83.2 degree towards East. Height of the district from sea level is Meter. The details are given as under: Household The household details of district Janjgir-Champa and are given in table No.1.1 Table-1.1 S.No. Details District Janjgir-Champa 1. Number of Households Household size 4.4 Source: Census survey 2011 Population Population details of district Janjgir-Champa are given in table No.1.2 Table-1.2 S.No. District. Janjgir-Champa Details Total Male Female 1. Population - Total Population - Rural Population - Urban Population (0-6 years) SC Population ST Population Source: Census survey 2011 Sex Ratio The sex ratio details of district Janjgir-Champa are given in table No

14 Table-1.3 S.No. Details District Janjgir-Champa 1. Sex Ratio (females per 1000 males) Sex Ratio (0-6 Years) Sex Ratio (SC) Sex Ratio (ST) 1008 Source: Census survey 2011 Literacy The details of literacy district Janjgir-Champa are given below: Table-1.4 S.No. Details District Janjgir-Champa Total Male Female 1. Number of literates Number of illiterates Source: Census survey 2011 Literacy Rate Literacy rate of district Janjgir-Champa are given below in table No.1.5. Table-1.5 S.No. Details District Janjgir-Champa Total Male Female 1. Literacy Rate (%) Source: Census survey 2011 Workers The details of workers district Janjgir-Champa are given below in table No.1.6 Table-1.6 S.No. Details District. Janjgir-Champa Total Male Female 1. Total workers Main workers Marginal workers Non workers Cultivators Agricultural labourers Source: Census survey

15 Profile of Village Taga Household The household details of village Taga is given in table No.1.7 Table-1.7 S. No. Details Nos. 1. Number of Households Household size 4.7 Source: Census survey 2011 Population Population details of village Taga is given in table No.1.8 Table-1.8 S.No. Details Total Male Female 1. Population - Total Population (0-6) SC Population ST Population Source: Census survey 2011 Sex Ratio The sex ratio details of village Taga is given in table No.1. 9 Table-1.9 S.No. Details Nos. 1. Sex Ratio (females per 1000 males) Sex Ratio (0-6 Years) Sex Ratio (SC) Sex Ratio (ST) 940 Source: Census survey 2011 Literacy The details of literacy of village Taga is given in table No.1.10 Table-1.10 S.No. Details Total Male Female 1. Number of literates Number of illiterates Source: Census survey

16 Literacy Rate Literacy rate of village Taga is given in table No.1.11 Table-1.11 S.No. Details Total Male Female 1. Literacy Rate (%) Source: Census survey2011 Infrastructure Related Information: Infrastructure provisions Availab ility in Village (Yes / No) If available in village No. of facilities available If not available in village (Distance of the facilities where it is available) in KM Remarks Education facilities: Primary schools Yes 3 Middle schools Yes 1 Secondary schools Yes 1 Senior secondary schools Yes 1 Colleges No 17 Akaltara Medical facilities: Allopathic hospitals available 1 within range Yes Ayurvedic dispensary No 17 Akaltara Primary health sub centre Yes 1 Maternity and child welfare 17 centre No Akaltara Primary health centre available 17 within range No Akaltara Registered private medical 17 practitioners No Akaltara Number of community health 5 workers Yes Drinking water facilities: Well water Yes 4 All defunct Tank water No 17 Akaltara 40 Potable Hand pump Yes Water Canals Yes 1 17

17 Power supply facilities: Electricity for domestic use Electricity of agricultural use Electricity of other purposes Electricity for all purposes Yes Yes Yes Yes Communication Facilities: Road Yes Telephone No 17 Akaltara Internet No 17 Akaltara Post office(postal Services) Yes 1 Courier Services Pvt No 17 Akaltara Bank Facility: Gramin Bank No 17 Akaltara Cooperative Bank No Other Banks No 17 Akaltara Cooperative Society Yes 1 Self Help Group No Irrigation Tue well/dug well No Canal Yes 1 canal Pond Yes 2 Other Important 15 Infrastructures like industries ( No Akaltara Source : SES 2015 Profile of Village Chorbhatti Household The household details of village Chorbhatti is given in table No.1.12 Table-1.12 S. No. Details Nos. 1. Number of Households Household size 5.55 Source: Census survey 2011 Population Population details of village Chorbhatti is given in table No

18 Table-1.13 S.No. Details Total Male Female 1. Population - Total Population (0-6) SC Population ST Population Source: Census survey 2011 Sex Ratio The sex ratio details of village Chorbhatti is given in table No Table-1.14 S.No. Details Nos. 1. Sex Ratio (females per 1000 males) Sex Ratio (0-6 Years) Sex Ratio (SC) Sex Ratio (ST) NA Source: Census survey 2011 Literacy The details of literacy of village Chorbhatti is given in table No.1.15 Table-1.15 S.No. Details Total Male Female 1. Number of literates Number of illiterates Source: Census survey 2011 Literacy Rate Literacy rate of village Chorbhatti is given in table No.1.16 Table-1.16 S.No. Details Total Male Female 1. Literacy Rate (%) Source: Census survey2011 Infrastructure Related Information Infrastructure provisions Availabilit y in Village (Yes / No) If available in village No. of facilities available If not available in village (Distance of the facilities where it is available) in KM Remarks 19

19 Education facilities: Primary schools Yes 2 Middle schools Yes 1 Secondary schools Yes 1 Senior secondary 12 schools No Akaltara Colleges No 14 Pamgarh Medical facilities: Allopathic hospitals 14 available within range No Pamgarh Ayurvedic dispensary No Primary health sub 14 centre No Pamgarh Maternity and child 3 welfare centre Yes Primary health 14 centre available within range No Pamgarh Registered private 3 medical practitioners No Pawana Number of 6 community health workers Yes Drinking water facilities: 4 Only one Well water Yes in use Tank water No 14 Pamgarh Hand pump Yes 20 Water quality is good Canals Yes 3 Water supply is not proper Power supply facilities: Electricity for domestic use Yes Electricity of agricultural use Yes 20

20 Electricity of other Yes purposes Electricity for all Yes purposes Communication Facilities: Road Yes Mud built road Telephone No 10 Akaltara Internet No 10 Akaltara Post office(postal 2 Services) No Kirari Courier Services Pvt No 10 Akaltara Bank Facility: Gramin Bank No 14 Pamgarh Cooperative Bank No 14 Pamgarh Other Banks No 14 Pamgarh Cooperative Society Yes 1 Self Help Group No Irrigation Tube well/dug well No Canal Yes 3 canal Pond Yes 3 Other Important Infrastructures like industries 1 (large/small scale) Yes Rice Mill Source : SES

21 CHAPTER 2 - SOCIO-ECONOMIC PROFILE OF THE PAPs 2.0 Introduction: Socio-economic survey and verification of the affected persons were undertaken to address any such impacts that may emerge during the course of the project implementation. The socio-economic survey is carried and acts as baseline information and provides a cut-off point for eligibility to compensation or assistance for loss of assets. CHAMPA S/S - BACKGROUND The total land requirement for Champa Substation is acres, land comprising of 158 acre govt and acre private land was secured. Private land of acres has been acquired from two villages namely village Taga acres and village Chorbatti 9.07 acres. Champa substation comprises of 800 kv HVDC portion (114.7 acres), 20 nos. of 765 kv bays (83.2 acres), 47 nos. of 400 kv bays including future bays (64.35 acres) and also colony area. After issuance of Section 4 and Section 6 notifications under LAA 1894, Socio-economic survey was carried out. As per the POWERGRID s Environmental and Social Policy & Procedures (ESPP) benchmarks, the social assessment of economic effects of the said land acquisition for Champa S/S (Taga & Chorbatti villages) was undertaken by M/s Mittsoo in 2011 and survey stages expanded due to the public resistance. State Govt implemented Adarsh Punarvas Neeti 2007 of Chhattisgarh. Adarsh Punarvas Neeti 2007 Govt. of Chhattisgarh, has provided that land compensation is decided according to type/pattern of land in three categories which is 6 lakhs per acre for barren land, 8 lakhs per acre for un-irrigated land and 10 lakhs per acre for irrigated land. In accordance to that POWERGRID was asked to pay land compensation at 10 lakhs per acre vide Award of land published under Sec.11 of Land acquisition Act As per the guidelines to calculate market value under LA act, 1894 the land compensation rate including 30% solatium and interest were ranging from Rs. 3,90,515/- to Rs. 4,86,081/- per acre depending on pattern of land. On the basis of this total land compensation was Rs.3,64,73,649/- for village Taga and Rs. 35,41,978/- for Village Chorbatti. However, POWERGRID has paid the land compensation in line with Adarsh Punarvas Neeti 2007 and paid the land rate at 10 lakhs per acre amounting total compensation Rs. 8,23,60,000/- for village Taga and Rs. 90,70,000/- for village Chorbatti. Over and above during negotiation meetings POWERGRID agreed to pay Rs 4 lakhs per acre as additional land compensation, 3 lakhs per acre in lieu of employment and in second phase of negotiation again 3 lakhs per acre in form of Rehabilitation Assistance has been given to all landowners. Total of 20 lakhs per acre including land compensation, compensation towards employment and R&R has been paid to 22

22 landowners as per the final settlement. Therefore it was decided in the matter, to carry out the survey for the land owners only as the RA amount paid through negotiation with landowners directly. However, comparative study in line with ESPP provisions and RA provided to landowners with negotiated terms in lieu of employment and enhancement of land compensation is calculated. As per the negotiations with landowners majority of them are getting the more benefits than the ESPP provision based RA, and found to be better in view of majority. Hence their demand has been approved from the management in two phases and approval copies are attached as Annexure XII and Annexure-XIII. The comparative calculation is attached for ready reference as Appendix-I. Brief regarding Champa SES Survey: During the survey process, an important fact to be recognized is that the local people (PAPs) apparently under the influence of external bodies & opinion formulating locals have been resistant, non cooperative, obstructive to the structured Rehabilitation oriented discussions/interviews. Thus the process to carry out further social survey was arduous due to the hostile & threatening environment. The Socio Economic Survey has been organized in a professional manner. Keeping the sensitivities in view, the survey activity has been conducted taking all care about several factors relating to the land acquisition process and future relationships of community Special care was taken, for not getting carried away by the local politics prevailing and spreading in the villages, during all the times of conducting the Socio Economic Survey based interviews and public consultation, in alignment with PGCIL site. Thus all the activities have been conducted by taking all necessary diligence. 2.1 Extent of impact on the affected village: In the two affected villages the number of project affected Persons PAPS by the land acquisition is 258. Out of which 218 including second phase additional land acquisition were belongs to village Taga and 40 PAPs from village Chorbatti. 23

23 Profile of PAPs Table 2.1 S.No. Village Name (No) PAPs Percentage 1. Taga Chorbatti Total % Percentage distribution of PAPs Taga Chorbatti 16% 84% Fig.2.1 Caste of PAPs The majority of PAPs (72.09%) belong to OBC caste. Caste wise details of PAPs are given below Table 2.2 S.No. Types of Caste Village Name Total PAPs Taga Chorbatti No. Percentage PAPs (No.) PAPs (No.) 1. Gen OBC

24 3. SC ST Total ETHNIC COMPOSITION OF PAPs SC 7% ST 3% Gen 18% OBC 72% Gender Fig.2.2 The majority of PAPs are male. Out of 258 PAPs,190 PAPs (73.64%) are male and 68 PAPs (26.36%) are female. Gender wise distribution of members of the affected families is presented in Table 2.3 Table 2.3 S.No. Types of Gender Taga (PAPs No) Village Name Chorbatti(PAPs No) No. Total PAPs Percentage 1. Male Female Total

25 GENDER OF PAPs Female 26% Male 74% Fig.2.3 Average Landholding Size: Before and After Land Acquisition The impact of land acquisition on the size of landholding of the PAPs needs careful examination. The average land holding size, before and after the acquisition of land is presented in Table 2.4 Average Landholding Size: Before and After* Table 2.4 Sl. No. Item In (Acres.) 1 Average Landholding per PAP: Before Average Loss of Land per PAP Average Landholding per PAP: After Average Landholding per PAP: After, Average Landholding Size Average Loss of Land per PAP, Average Landholding per PAP: Before, Fig

26 Farmer category before Land Acquisition Table 2.5 S.No. Farmer category Village Name Total PAPs Taga Chorbatti No. Percentage 1. Marginal Small Total Farmer category before Land Acqusition Small 7% Marginal 93% Farmer category after Land Acquisition: Fig 2.5 Table 2.6 S.No. Farmer category Village Name Taga Chorbatti Total Percentage 1. Marginal Landless Total

27 Farmer category after Land Acqusition Landless 71% Marginal 29% Fig 2.6 Income loss of PAPs: On the basis of the annualized crop output & associated income for the acquired land area, the compensation the major crop yield cost for the PAPs is computed. As per Govt references, for Champa location, Paddy is majorly produced crop. From the overall response and secondary data productivity is quintal per acre. For the Income Loss computations in a fair manner, the factoring of Rabi, Kharif specific two crop cycles of paddy crop have been considered. Chattisgarh Govt's MSP (Minimum Support price) for Rice crop during the FY 2015's has been taken at Rs 1450 per Quintal. Hence with two crops in year total income for PAPs would be 22.50x1450x2= 65250/- per acre. Based on sharing from farmers 60% of the production amount is the capital investment with labor charges, which would be (60%)= 26100/- per acre income. Hence to derive at income loss for PAPs Rs.26100/- per acre has been considered as income loss of the farmer. Summary of the Income loss accountable for the PAPs from acquired land is given in following table. Table 2.7 S. No Agri Crop based Income Range via the acquired land (in Rs.) Village Name Taga Chorbatti Total Percentage 1 1 to to to

28 to to Above Total to % to % Annual Income loss of PAPs to % Above % 5001 to % 1 to % Fig

29 Chapter 3 LEGAL REQUIREMENT AND REHABILITATION & RESETTLEMENT POLICY/ENTITLEMENTS 3.0 Introduction Transmission projects generally do not require large area because land below tower/line is not acquired as per law however; land may be acquired for sub-stations where the land requirement is minimal. Generally acres of land is required for constructing the substation depending the type and voltage level. Even for this requirement of land for the construction of sub-stations, POWERGRID as a policy imperative tries to locate the substation on a government/waste land as far as possible and in the absence of such land private land is selected. This section presents the legal requirements for the land acquisition process, Rehabilitation and Resettlement Policy entitlements for affected families. 3.1 Legal Process of Land Acquisition POWERGRID strictly follows the procedures laid down under the National Law for acquisition of private properties i.e. Land Acquisition Act (LA Act, 1894), when land is acquired for sub-stations. Acquisition under this law is a comprehensive process and involves issuance of various notification informing affected persons as well as general public regarding impending acquisition of private land/assets etc. for public purpose. 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. The whole process can be divided in three different phases for better understanding. The process is presented below. 30

30 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 land 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 SECTION-17: POSSESSION BEFORE AWARD IN CASE OF EMERGENCY 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 and 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. 3.2 Policy of Entitlement POWERGRID has developed its corporate Environmental and Social Policy and Procedures (ESPP) to address the environment and socio-economic issues arising from its activities based on the basic principles of Avoidance, Minimization and Mitigation. The ESPP outlines POWERGRID's approach and commitment to deal with environmental and social issues relating to its transmission projects, lays down the management procedures and protocols for the purpose that includes the framework for identification, assessment, and management of environmental and social concerns at both organizational and project levels. POWERGRID has articulated a Social Entitlement Framework based on National Resettlement and Rehabilitation Policy, 2007 and other progressive trends in its 31

31 corporate policy Environment and Social Policy & Procedures (ESPP) applicable for the affected families. 3.3 POWERGRID s Social Entitlement Framework 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. POWERGRID s social entitlements within its framework will include the following categories and compensation packages LOSS OF LAND This impact primarily affects families access to space for housing (homestead) and, agricultural land. (a) 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. (b) 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 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 to 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 solarium and applicable interest plus following Rehabilitation Assistance based on the severity of losses: 32

32 750 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 Non-titled: 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, non-titled (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. 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. 33

33 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 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/- whichever 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 onetime 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. Cattle shed: It has been noticed in past that some people have erected a temporarily shed for keeping cattle in their fields which sometimes are not considered by authorities for any compensation if it is not properly build. Therefore to offset the loss owner of cattle shed shall be entitled to onetime payment of Rs. 15,000/- in addition to compensation fixed by revenue authorities. 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 lump sum payment equivalent to 6months rent (on production of proof) or Rs.5000/- whichever is higher to re-establish residence. 34

34 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 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. Vulnerable group like women headed/sc/st families etc. under above mentioned categories shall be considered for additional need based benefits 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 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 35

35 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 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 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. Other Rehabilitation Measures: Income Generation: 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 Table 3.1 shows list of some of the income generating schemes as an illustrative examples of schemes where affected people earn their living through taking up some activity as per their capacity. Allied agriculture Vegetable farming Fruit orchards Social forestry Livestock rearing Dairying Poultry Piggery Goat rearing Sericulture Pisciculture Processing of cereals & pulses Dal processing TABLE 3.1 LIST OF INCOME GENERATING SCHEME 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 36

36 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 Agarbatti Handloom Manufacture of Laundry soap Bee Keeping - wax and honey Fiber products Rope making Ban making Bamboo and cane products Manufacture of cane Gur & sari Bullock driven Power driven Shops - also are one of the viable rehabilitation options. A limited number of shops in Substation area if available will be earmarked for allotment to PAFs after appropriate consultation regarding the PAFs capability and aptitude. Any Assistance needed by PAFs in formulation of schemes for procuring loans from banks and stabilising the same will be rendered by POWERGRID if so desired. Award of Petty Contracts: All possible efforts shall be made by project authorities to award petty contracts like cleaning, horticulture, etc. on a preferential basis to eligible PAFs. Jobs: The following options are provided under this category of rehabilitation. a) Jobs with POWERGRID: POWERGRID projects do not envisage significant job opportunities to the local residents. However, if there is any requirement of job then PAPs shall be entitled for preference, subject to their meeting of job requirement and specification. b) Jobs with Contractors: Contractors will be persuaded to give jobs to eligible PAPs on a preferential basis where feasible. Training - If the head of the family who is eligible for RA as per entitlement frame work wants to nominate its dependant for vocational training course in lieu of Rehabilitation Assistance offered to them, POWERGRID may arrange for imparting suitable training. Such training will be imparted through the existing and available training institutions in the vicinity of affected villagers like Polytechnic, ITIs of the State and Central Government. The project authority may meet the cost of training of the persons who are nominated by the head of the eligible PAFs in writing selected from amongst the land oustee families. Apart from above POWERGRID will organise need based short training for development of required skill and entrepreneurship development for the selected IGs in the affected village through state government/institutions. 37

37 Community Development works: In addition to above measures, POWERGRID based on outcome of social assessment will also undertake need based developmental work like construction of road, drinking water facility, community centre etc. for overall up-liftment of surrounding, village and community. These works shall be carried out in association with local authorities. POWERGRID will ensure that all plans are approved by competent authorities; that public consultation takes place at necessary stages; and, that grievance redressal is a priority KEY DEFINITIONS Definitions of some of the key words used in the Social Entitlement Framework of the POWERGRID are as follows. a) Household: A household is a group of persons who commonly live together and would take their meals from a common kitchen. b) PAPs: People who lose land, livelihood, homesteads, structures and access to resources as a result of project activities. c) Family: In relation to a affected person, means, such person and his or her spouse, minor sons, unmarried daughters, minor brothers or sisters, father and mother and other members residing with him and dependent on him for their livelihood. All adult married sons in respect of title holder shall be considered as separate family for consideration/eligibility for Rehabilitation Assistance ( Need based assistance to widow daughter separated from her family and living with parents and unmarried sons over the age of 40 may also be considered as special case) having share in the acquired property. However this will not apply to the category of big farmers who are left with sufficient land holding. d) Nomination by PAP: The head of the family, if so desired, shall be asked to nominate in writing from among the family members whom he/she will like to get the Rehabilitation Assistance from the company. The nomination made by the head of the family generally will not be allowed to change except in special circumstances. But in no case, he/she will be allowed to change the nomination more than once. e) Holding: means the total land held by a person as an occupant or tenant or as both. f) Marginal farmer: means a cultivator with an un-irrigated land holding up to one hectare or irrigated holding up to 1/2 hectare. g) Small farmers: means a cultivator with an irrigated land holding of 1 ha. or unirrigated land holding of 2 ha. h) Big farmers: means a cultivator with an irrigated land holding of more than 5 ha. i) Agricultural family; means a family whose primary mode of livelihood is agriculture and includes family of owners as well as sub-tenants of agricultural land, agricultural labourers. 38

38 j) Agricultural labourer: means a person, normally resident of the affected area for a period of not less than three years immediately before the declaration under Section-IV who does not hold any land in the affected zone but who earns his livelihood principally by manual labour on agricultural land therein immediately before such declaration and who has been deprived of his livelihood. k) Displaced family: means any tenure holder, tenant, Government lessee or owner of other property, who on account of acquisition of his complete holding including land and house or other property in the affected village for the purpose of the project is displaced from such land/property. l) Existing Land Price: Due to regional and state specific variations on productivity of land, land prices vary in different states and even in the same location, depending upon various parameters. The land purchase committee shall finalize the existing land price based on negotiations keeping in mind revenue records and other land market information. m) Customary or Usufruct Rights: Several communities in India, including tribal, have traditionally enjoyed the benefit of using, without impairing, items like land, trees etc., which they do not own. These customary and usufruct rights vary across the country and are well documented by State Governments. However, its determination is in built in Land Acquisition Process, In case, they are not covered under the records for want of updation of records or even due to ignorance, POWERGRID through its process of Land Acquisition Assessment and Social Assessment may be able to recognize these lapses so that interest of all these person are taken care off through Gram Panchyat / local authorities during assessment and subsequent compensation. POWERGRID will adopt norms of the respective State Governments as per the provisions of LA Process. n) Non-titled (Encroacher): Persons who have illegally extended/occupy land to which they do not have recognizable legal right or claim they are occupying/ using. o) Squatter: A person who settles on public land without title or a person who takes unauthorized possession of unoccupied premises or person who gets right of pasturage from government on easy terms. p) Non Government Organizations (NGOs): means any organization outside the Government machinery duly registered under Society Registration Act and devoted to performing socio-economic voluntary activities. q) Land Purchase Committee (LPC) shall be formed by nomination in the following steps: POWERGRID representative from site to be nominated by the Regional head. Representative of Local Authorities to be decided by District Administration. Representative of PAPs to be identified and selected by themselves. Representative of Gram Panchayat or any other person of repute as mutually agreed with the local authorities and PAPs. r) Grievance/Redressal Mechanism: A committee will be set up comprising of POWERGRID, representatives of local authorities, PAPs, Gram Panchayat or any 39

39 well reputed person as mutually agreed with the local authorities and PAPs. This committee will address the grievances of the PAPs. A senior official will represent POWERGRID from Region/Corporate Centre. The well-reputed person will not be same as the one in the LPC. The POWERGRID S Social Entitlement Framework is presented below - 40

40 SN TYPE OF ISSUE/IMPACT 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) tenants, sharecroppers, leaseholder BENEFICIARY Titleholders Titleholders Individual ENTITLEMENT OPTIONS (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 1 (Compensation as fixed by authorities under LA act + Rehabilitation Assistance 2 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 (1) 1 Replacement cost will include compensation as fixed by competent authorities under LA act including solatium and interest + Rehabilitation Assistance (2) 2 Rehabilitation assistance amount shall not exceed the value of compensation 41

41 SN TYPE OF ISSUE/IMPACT iii Nontitled (Encroacher) 2. Loss of structure a) House (i) with valid title, or customary or usufruct rights (ii) Tenant, leaseholder (iii) Squatters (iv) Cattle shed b) Shop/ Institutions (i) with valid title, or customary or usufruct rights (ii) tenants, leaseholder (iii) squatters 3. Loss of livelihood/ Wage / Occupation Agriculture/ commercial BENEFICIARY Individual Titleholders Individual Household / Family Owner/ Family Individual Individual Individual Individual ENTITLEMENT OPTIONS 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 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/- whichever 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 onetime payment towards disturbance + Transition benefits as per category-6. Cash compensation as fixed by authorities plus Rs. 15,000/- for re-construction of cattle shed. Cash compensation plus Rs. 25,000/- 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 Community Replacement/ augmentation of CPRs/ amenities or provisions of functional equivalence b) Urban Civic amenities Community Replacement/ access to equivalent 42

42 SN TYPE OF ISSUE/IMPACT BENEFICIARY 5. Loss of standing crops/ trees a) With valid title b) Tenant/ lessee Family 6. Losses during transition of displaced persons/ establishments/ Shifting / Transport 7. Losses to Host Communities / Amenities/ Services 8. Additional benefits for Tribal Family/unit Community Tribal ENTITLEMENT OPTIONS amenities/ services 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 (Rs. 10,000/- minimum) 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. 43

43 Brief on Chhattisgarh Adarsh Punarvas Neeti Sec. 2.1(b) Affected individual Individual residing/farming or doing business in project area continuously for last three years prior to section IV notification. Encroachers on both forest as well as revenue land shall be eligible for rehabilitation benefits provided that affected families are residing in the project area prior to section IV notification Sec. 2.1(c) Family Self + husband/wife + minor children + dependant mother/ father + widow mother/ sister + unmarried daughter. Sec. 2.1 (c), (d) Displaced Individual/Family Individual / family displaced from ownership of his/her land because of the project. Sec. 2.1 (d) Policy Directives Regarding Adult Son An adult child shall be considered separate family. Sec. 2.1(g)Small Farmer Land less then ½ ha. Irrigated land and 1 ha. non irrigated land. Sec.3.4 Policy Directives Regarding Forest Land As far as possible forest land shall not be acquired. Sec. 4 Compensation for Land Land or compensation Sec Compensation in form of Land Land for land option preferred (only in case of availability of govt. land). In case of absence of such lands, compensation shall be awarded. Sec Compensation -Compensation equivalent to the irrigated land of the region Sec Provision for areas without proper Land Records For lands where proper records of transaction are not available, compensation for the private land should be so decided that it is not less than given Diagrams Non agricultural land Rs. 6 lakhs/acre One crop land Rs. 8 lakhs/acre fertile land Rs.10 lakh/acre Sec Compensation for Fruit Bearing Trees: Compensation to be decided by tree s annual income + price of wood. Sec 5.3 Land Development Measures Land Development Assistance shall be Rs. 10,000/- per acre. Additionally project implementing authority shall arrange for irrigation facilities, coordinating closely with available government welfare project. ii) Sec. 7. Employment Sec. 7.1 Eligibility: 3 years before section IV notification. i) Commercial projects Job for one member of PAF if 75% or more land acquired. Industrial/mining projects one member from each PAFs. Preference for job 44

44 Home + land (fully acquired) 100% agr. Land acquired PAF whose more than 75% land acquired More the 50% land acquired PAFs whose 25% land acquired Other displaced families Sec. 7.1 (a) Job preference to PAPs if opportunity available in project. (b) Training for PAPs in accordance to their educational qualification. (c) Two years relaxation for category 3 job for eligible PAPs in Govt. / PSU jobs. Sec. 7.1 (g) Alternatives in case of non availability of job 1. Shops for PAPs whose expenses shall be borne by the project authority. 2. Project related contracts and secondary works shall be given to PAPs on priority basis. Sec. 7.4 Self Employment Programmes of state govt. to be taken up. i) Loans from financial inst. shall be arranged if possible. Sec. 7.5 PAPs displaced due to Govt. projects need not be employed but lawful arrangements shall be made to give them priority for employment in Govt. Semi Govt. institutions. Besides the above, it appears Chhattisgarh Policy does not have any provisions of i) Compensation for Transition Loss & ii) Compensation to the host community like POWERGRID s ESPP Social Entitlement Framework. 45

45 Chapter 4 PUBLIC CONSULTATION 4.1 Introduction It is a well-known fact that all development activity can be implemented successfully only by active involvement of the beneficiaries from an early stage of project preparation. Particularly, in the projects, where there are adverse impacts and loss of assets, the involvement of affected persons assumes even more significance. In the case of Champa s project land acquisition, in order to inform public about the land acquisition, many small group meetings and public meetings were being organized from time to time (2011 to 2014). This project (Champa Pooling Stn. & HVDC Terminal) is specifically unique, due to stiff resistance from PAPs, for acquisition of their lands and their demands for higher compensation. So POWERGRID under compulsions could not follow the process of the ESPP procedures set & laid down for the rehabilitation of PAPs. Since Local people / PAPs did not cooperate and let the SES get completed though the engaged consultant M/s Mittsoo Solutions (P) Ltd despite the level best efforts to complete socio economic survey for the affected people/village. The locals threatened the project related staff, social surveyors and created nuisance/unrest/disturbances while social survey process was being followed. This continued for a long time, and even the District Administration was helpless during the time frames. On POWERGRID s insistence only, the Dist. Administration, with the help of political influence cracked down the situation of non-cooperation of locals/ PAPs and they came forward for discussions and consultation process in groups and masses. 4.2 Consultation during Socio-Economic Survey (SES) It is pertinent to mention that the local people including Affected persons probably under the influence of land mafia (Mining activities are intensely observed in the district), have been resistant /non cooperative to the process & structured Rehabilitation oriented discussions/ interviews and did not allow the completion of the social survey at impacted villages (Taga & Chorbhatti). Though social surveys were partially done on ( to , to ) to collect primary data and to have focus group meetings for about 66 Households initially, despite severe disturbances and threatening scenario. Thereafter, number of attempts were made to carry out the balance survey, but the process was not allowed due to severe unrest. As a result, it was advised, not to have any consultation during SES, for avoiding further complications as far as possible. POWERGRID employees also faced problems even after LA process was completed by State. Govt. and final Award letters for both the villages were issued and possession of land was handed over to POWERGRID. Since compensation was the main issue which remained unresolved, it was gathered through network channels that the Revenue Dept. was unable to disburse the entire amount deposited by POWERGRID towards the cost 46

46 of Land as per LAA to PAPs as the PAPs declined to accept the payment en-mass. Instead, Land Owners / PAPs demanded exorbitant & irrational increase towards the cost of the land. The matter was in stalemate for a long period. POWERGRID time and again raised the issue with the local administration, as they were unable to proceed with the project activities and later on appealed to the highest authority of State Govt. for resolving the matter in an admistrative manner. 4.3 Public Consultation (Intervention by higher level of State Administration): Based on the above precedence, the state govt. bodies & officials intervened and gradually multi stakeholder alignment for the land compensation amount was arrived amongst PGCIL, PAPs, PAFs, District & state Govt bodies. Accordingly on , & , village level public consultation meetings were organized in Taluka-Pamgarh and Akaltara, Janjgir-Champa Dist. and the higher level officials of State Administration such as Collector, Commissioner of Police ( Dist. Janjgir-Champa) & Member, State Legislation Assembly, Akaltara Area, Land owners/ affected persons, representatives of the Gram Panchayat etc. attended the meetings. The initial meeting started with brief introduction about the project and its benefits to the people by the POWERGRID officials. In this regard, the participants were also informed about the site selection process and the alternatives considered. But unfortunately land owners/paps who attended were not at all interested to hear anything but only cost of the land. The Revenue Authority explained that they derived the cost of land at Rs.10.0 Lakhs per Acre based on the R/R Policy, 2007 (amended in 2010) of Chhattisgarh State including solatium and interest charges which is equivalent to the market price, and accordingly Sec.-11 was notified (Pl. ref. Award letter i.e. under Sec.-11 of LAA attached for both the villages). Besides the above, a lenient view was taken by Rev. Authority in consultation with POWERGRID / PAPs to also give crop compensation to the PAPs. However, cost compensation towards any temporary structure/house/huts/trees/assets etc. if any, was assessed and evaluated in final award letter. Even then, PAPs did not agree and demanded double the rate of compensation towards cost of land as fixed by Rev. dept. and employment of one member from each PAP s family. The stalemate again continued but then POWERGRID, in consultation with Dist. Authority, came forward with a proposal to compensate Addl. Amount of Rs. 7 Lakhs/Acre towards Rehabilitation assistance (On one time basis). Moreover, POWERGRID also agreed for payment of Rs.3 Lakhs/Acre in lieu of employment (one time only) through a series of meetings (MOM attached at Annexure-XIV). Finally, there was no other option but to settle the issue keeping in mind that project activity is to be given a shape for the larger interest of the people of India and POWERGRID has to bear the cost of RA as per its Social Entitlement Frame Work described in ESPP. However it was being finally agreed that the affected land owners will be given 7 Lakh / acre & 3 Lakh / acre amounts as an additional comenstation rather than the standard RA amount defined under social entitlement framework of ESPP 47

47 policy. Thus, In this respect an attempt has been made to compare POWERGRID entitled RA amount vis-à-vis amount actually paid to the PAPs as per the adopted Chhattisgarh R/R policy. It is to be noted that the worked out RA amount as per Chhattisgarh R/R policy is more than what they would have received as per POWERGRID ESPP policy. Hence the better RA case has been considered i.e. as per Chhattisgarh R/R policy In nutshell, the cost of land has been assessed by the Revenue Authority at the rate of Rs.10 Lakhs/Acre and further based on POWERGRID s consultation with District. Authorities, POWERGRID agreed for payment proposal: Rs. 7 Lakhs / Acre: To compensate Additional amount towards Rehabilitation assistance (On one time basis). Rs.3 Lakhs / Acre: In lieu of employment (one time only) towards the Rehabilitation & Resettlement for the acquired land. Public consultations Community Development Work (CDW) As a part of the Socio-economic survey as per ESPP, consultations were again conducted in District HQs of Taga and Chorbhatti between to wherein respective SDM chaired consultation process. These were done basically to gauze/ obtain suggestion from PAPs/villagers regarding the Community Development Work (CDW) in the villages which POWERGRID wishes to undertake under the project as per ESPP or under CSR activity. PAPs/people of the villages and POWERGRID Officials along with Mittsoo team participated in the consultations. The people/paps have given their consent for CDW after due deliberations and discussions (ref. the proceedings as brought out in (Annexure- XV). It was also conveyed by SDMs to the villagers during the consultations that POWERGRID will do such kind of CDW/CSR activity to improve the condition of affected villages in future, progressively. The participants were very enthusiastic to here the policy provisions for the village development activity. The following works for CDW were identified /suggested by Panchayat/villagers/PAPs during consultations as 1 st installment: Vill:- Taga (Tehsil-Alkatara) The photographs below capture the Public Consultation for Community Developmental Works at the Dist. Hall of are Taga village. 48

48 1. Community Centre 2. Construction of Bridge over Nallah/drain 3. Elevated Resting places for Buffaloes (Gothan) 4. Retaining wall for drain Vill.- Chorbhatti (Tehsil-Pamgarh) Chorbha tti vill. Dist. Hall PC for CDW 1. Boundary fencing/wall of High School (all 4 sides) 2. Development of play ground and children park near 3. Bus stand with shed 4. Lighting mast/pole 12 meter height, preferably solar power or flood light in 4 places around the village After this consultation, the opinion of people about this project has changed and they are happy about their villages that contribute to one of the major ongoing developmental projects of India. On the whole people of the villages are now cooperative and enthusiastic as POWERGRID involves them not only for the project work & welfare of their employees but also for the upliftment of the villages Welfare & Development in the form of CDW or CSR. Villagers expect POWERGRID s association in their welfare or uplift of their villages in future. 49