Social Impact Assessment Study Entrusted by District Administration Palakkad Final Report
Land Acquisition for the Construction of Primary Health Centre at Muthuthala Grama panchayath in Pattambi Taluk, Palakkad District
31- 12-2019
SIA Unit Requiring Body RAJAGIRI o u f a i ach Muthuthala Rajagiri outREACH Grama Panchayath Rajagiri College of Social Sciences Rajagiri P.0 Kalamassery, Pin: 683 104 Palakkad Ph: 0484 2911330,332/2550785 [email protected] www.rajagirioutreach.in LAND ACQUISITION FOR THE CONSTRUCTION O f PRIMARY h e a l t h c e n t r e AT MUTHUTHALA GRAMA PANCHAYATH IN P PA LA kkA d Dis t r ic t .
Social Impact Assessment Study Final Report Entrusted by District Administration Palakkad
31 December, 2019
Requiring Body SIA Unit
RAJAGIRI (nrfckach Muthuthala Grama Panchayath RajagiriOutREACH P a la k k a d Rajagiri College of Social Sciences (Autonomous) Rajagiri P.O Kalam assery K o ch i- 68311 04 Ph: 0484 2911330 - 332 [email protected] www.rajagirioutreach.in 1
CONTENTS
Chapter 1- Executive Summary
1.1 Project and public purpose
1.2 Location 1.3 Size and attributes of land acquisition
1.4 Alternatives considered 1.5 Social impacts 1.6 Mitigation measures
Chapter 2- Detailed Project Description
2.1 Background of the project, including developer's background and governance/
management structure 2.2 Rationale for project including how the project fits the public purpose criteria listed in
the act 2.3 Details of project size, location, capacity, outputs, production targets, costs and risks
2.4 Examination of alternatives 2.5 Phases of the project construction 2.6 Core design features and size and type of facilities
2.7 Need for ancillary infrastructural facilities 2.8 Work force requirements (temporary and permanent)
2.9 Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports
2.10 Applicable legislations and policies
Chapter 3- Team Composition Approach, Methodology and Schedule of the Social Impact Assessment
3.1 List of all team members with qualification
3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment
3.3 Sampling methodology used
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3.4 Overview of information/ data sources used 3.5 Schedule of consultations with key stakeholders and brief description of public
hearings conducted
Chapter 4- Land Assessment
4.1 Description with the help of the maps, information from land inventories and primary
sources 4.2 Entire area of impact under the influence of the project (not limited to land area for
acquisition) 4.3 Total land requirement for the project
4.4 Present use of any public, utilized land in the vicinity of the project area 4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project
4.6 Quality and location of land proposed to be acquired for the project 4.7 Nature, present use and classification of land and if agriculture land, irrigation
coverage and cropping patterns 4.8 Size of holdings, ownership patterns, land distributions and number of residential
houses 4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years
Chapter 5- Estimation and Enumeration (Where Required) of Affected Families and Assets
5.1 Estimation of families
5.1.1 Families which are directly affected (own land that is proposed to be acquired) 5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights
5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood
5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition
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5.5 Families which have been residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land
5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition
5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands) 5.6.2 Inventory of productive assets and significant lands.
Chapter 6- Social Economic and Cultural Profile (Affected Area and Resettlement Site)
6.1 Demographic details of the population in the project area
6.2 Income and poverty levels 6.3 Vulnerable groups 6.4 Land use and livelihood
6.5 Local economic activities 6.6 Factors that contribute to local livelihoods
6.7 Kinship patterns and social and cultural organization 6.8 Administrative organization
6.9 Political organization 6.10 Community based and civil society organizations
6.11 Regional dynamics and historical change processes 6.12 Quality of the living environment
Chapter 7- Social Impact Management
7.1 Approach to mitigation 7.2 Measures to avoid mitigate and compensate impact
7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act 7.4 Measures that the Requiring Body has stated it will introduce in the project proposal
7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified
during SIA
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7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy
7.7 The SIA plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken
by the Requiring Body
Chapter 8- Social Impact Management Plan Institutional Framework
8.1 Description of institutional structures and key person responsible for each mitigation
measures 8.2 Specify role of Non-Governmental Organizations
8.3 Indicate capacities required and capacity building plan, including technical assistance if any 8.4 Timelines for each activity
Chapter 9- Social Impact Management Plan Budget and Financing of Mitigation Plan
9.1 Costs of all resettlement and rehabilitation costs
9.2 Annual budget and plan of action 9.3 Funding sources with break up
Chapter 10- Social Impact Management Plan Monitoring and Evaluation
10.1 Key monitoring and evaluative indicators 10.2 Reporting mechanisms and monitoring roles
10.3 Plan for independent evaluation
Chapter 11- Analysis of Costs and Benefits and Recommendation on Acquisition
11.1 Final conclusions on assessment of public purpose, less displacing alternatives,
minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs
11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not.
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List of Tables and Figures
List of Abbreviations
References
List of Tables
Table No, Contents
1.3.1 Acquisition of land and survey number 3.1.1 SIA Team Members 3.5.1 Schedule of SIA study 3.5.2 Questions raised in the Public Hearing and Reply from Concerned Officials
5.1.1 List of Affected Families 6.1.1 Social Group 7.6.1 Mitigation plan
List of Figures
Figure No, Contents
6.1.1 Edcation
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List of Abbreviations
SIA Social Impact Assessment
GO Government Order
RFCTLARRAct The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
RD Revenue Department
KM Kilo Meters
CM Centimetres
LP Lower Primary
UP Upper Primary
PO Post Office
SC Scheduled Caste
OBC Other Backward Communities
UG Under-Graduation
PG Post-Graduation
GoK Government of Kerala
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Chapter 1 Executive Summary
1.1 Project and public purpose
Muthuthala Grama panchayath is situated in North West of Pattambi town in Palakkad district, in the state of Kerala, India. It belongs to the central part of Kerala and is located on the banks of the river Bharathapuzha.
In India the health care system is categorized into primary, secondary, and tertiary levels. Sub centers and primary health centers (PHC’s)are providing health care services at primary level, at the secondary level there are community health centers (CHC’s) and sub district hospitals.The Primary health centers are providinghealth care services and protection that can be affordable the people those who are from poor socio- economic background. The main objective of primary health care center is to provide better health care services to the rural areas. Primary healthcare centers offer professional medical care for individuals based on a locality or community before shifting them to more advanced hospital- based care like the general specialist and super specialist. Muthuthala Grama panchayath has proposed to build a Primary Health Centre in Muthuthala at Pattambi Taluk. Current Primary Health Centre in Muthuthala is functioning in a rented building with limited facilities. The proposed project aims to improve the health care facilities of the people in the Muthuthala region.
Local Self-Government (R.C) Department, Government of Kerala Via G.O.No. 319/2019/L.S.G.D dated 14/02/2019 has accorded administrative sanctionto acquire 50 cents of land as per RFCTLARR Act 2013 from
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surveyNo.195/3 of Block No.26 of Muthuthala village to construct Primary Health Centre at Muthuthala. The District Planning Committee has sanctioned Rs.15,00,000/- for the project from People’s Planning Fund of 2018-2019 financial year and for which consent was given by the Panchayath Deputy Director with certain conditions.
1.2 Location Panchayath : Muthuthala Village : Muthuthala Taluk : Pattambi District : Palakkad
1.3 Size and attributes of land acquisition Acquisitionof about 50 cents of land from Pattambi Taluk in Muthuthala village is required for the construction of Primary Health Centre at Muthuthala Grama panchayath. These land is owned by two families. Earlier in this land paddy and tapioca were cultivated but presently the entire land remains unused except 5 coconut trees. According to the Revenue records the land comes under ‘wet land’ category. The survey number and approximate extent of land to be acquired is explained below.
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Table 1.3.1 Land Proposed to be Acquired and Survey Number Sl.no Block no. Survey Type of land Area No./Sub division No. 1 26 195/3 Wet land 50cent (20.234Ares)
1.4 Alternatives considered
The proposed land is easily accessible and having better transportation facility to reach the people at the Primary Health Centreand it is situated near the Pattambi - Muthuthala road. The requiring body stated that there is no other alternatives were considered for this project.
1.5 Social impacts
The loss of ancestral land of the 2 persons is the major impact of the project. The land owners will loss the agricultural land with compound wall. Besides they will lose the income as yield from 5 coconut trees in the land. The proposed land was previously used for farming, but right now it is kept unused without any agricultural activities and structures. So the project will not cause any major impacts like displacement of families and loss of livelihood.
Even though the land owners are losing their land, the proposed project ensures better health care and hospital facility to the people in the region. Hence it is understood that despite the negative impacts,the project is expected to be beneficial for the community as a whole.
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1.6 Mitigation measures
• Compensation should be provided to the affected families as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015. • Resettlement procedures should be provided as per the Polices vide G.O (Ms) NO.485/2015/RD dated 23/09/2015 and G.O. (MS) No. 448/2017/RD dated 29/12/2017 issued by Revenue(B) Department, Government of Kerala for the rehabilitation and resettlement package for acquisition of land in the state in lieu of RFCTLAR&R Act 2013 .
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Chapter 2 Detailed Project Description
2.1 Background of the Project, including developer's background and governance/ management structure
The primary health centre (PHC) is the basic structural and functional unit of the public health services in developing countries, to provide accessible, affordable and available primary health care to people.The major goals or the principles of the Primary Health Centres are to reduce exclusion and social disparities in health, to organize health services around people’s needs and expectations, to integrate health to all sectors, to pursue collaborative modelof policy dialogue, health work force developments and community participation.
The PHCs are established and maintained by the State Governments under the Minimum Needs Programme (MNP) and Basic Minimum Services Programme (BMS). At present 14 paramedical and other staff support the Medical Officer who is the head of the PHC. A PHC acts as a referral unit for 6 Sub Centres. It has 4 - 6 beds for patients. The activities of Primary Health Centres involve curative, preventive and Family Welfare Services. Primary Health Centres (PHC) is the cornerstone of rural healthcare. Primary health centres and their sub-centres are supposed to meet the health care needs of rural population. Each primary health centre service covers a population of 1,00,000 (1 lakh). A Medical Officer, Block Extension Educator, one female Health Assistant, a compounder, a driver and laboratory technician are serving the PHC.
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The main role of primary health centre is to provide continuous and comprehensive care to the patients. It also helps the patients to avail the various social welfare and public health services initiated by the concerned government bodies and other organizations. The other major role of a primary health care centre is to offer quality health and social services to the underprivileged sections of the society.
Primary Health Centres offer the first set of professional care to the patients by incorporating a proactive approach that utilizes several preventive measures, management of chronic disease and promoting self-care. Along with that, primary health care provides increased accessibility to advanced health care system for the community, which results in excellent health outcomes and prevention of delay.
Local Self-Government (R.C) Department, Government of Kerala Via G.O. No. 319/2019/L.S.G.D dated 14/02/2019 has accorded administrative sanction to acquire 50 cents of land as per RFCTLARR Act 2013 from survey No.195/3 of Block No.26 of Muthuthala village to construct Primary Health Centre at Muthuthala. The District Planning Committee has sanctioned Rs.15,00,000/- for the project from People’s Planning Fund of 2018-2019 financial year and for which consent was given by the Panchayath Deputy Director with certain conditions.
2.2 Rationale of the project including how the project fits the public purpose criteria listed in the act
Muthuthala is a village in Pattambi Taluk in Palakkad District of Kerala State, India. It belongs to central part of Kerala. It is located 62 kilometers towards west from district headquarters Palakkad and 3 kilometers from Pattambi.
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According to the census report of 2011, the total population in Muthuthala panchayt is 24,864(11,815 males and 13, 046 females).
As per the Indian Constitution the provision of healthcare in India is the responsibility of the state governments, rather than the central/federal government. It makes every state responsible for "raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties "Muthuthala Panchayat already has a Primary Health Centre but that is working in a rented building. The limited facilities are the major barrier of the existing PHC. Hence Muthuthala village needed a primary health center with good infrastructure. So it is proposed to construct a new primary health center at Muthuthala for which 50 cents of land to be acquired from survey No.195/3 of Block No.26 of Muthuthala village in Pattambi Taluk in Palakkad district.
As per Section 2 b (i) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (RFCTLA& RR Act), the project fits in for public purpose.
2.3 Details of project size, location, capacity, outputs, production targets, costs and risks
The total land required for the construction of PHC at Muthuthala Panchayath in Pattambi block is 50 Cents. The proposed land belongs to the survey No.195/3 of Block No.26 of Muthuthala village. The District Planning Committee has sanctioned Rs.15,00,000/- for the project from People’s Planning Fund of 2018-2019 financial year and for which consent was given by the Panchayath Deputy Director with certain conditions.
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2.4 Examination of alternatives The project intends to construct a Primary Health Centre at Muthuthala. Muthuthala is a highly populated village and a Primary Health Centre is an essential need of the area. The District Medical Officer certified that the proposed land is suitable to construct a Primary Health Centre. Also the proposed land acquisition will not affect any houses or livelihood activities. Hence the requiring body stated that no other alternatives were considered for the project.
2.5 Phases of the project construction The project is planned to implement in two phases. Phase I involves whole process of land acquisition by Land Acquisition Officer appointed by Government of Kerala. Social Impact Assessment, Land Assessment, Mitigation, Compensation/Resettlement procedures etc. are included in this phase. Phase II consists tendering process, appointment of contractor, construction of Primary Health Centre and launching for public use.
2.6 Core design features & size and type of facilities Not Applicable
2.7 Need for ancillary infrastructural facilities Not Applicable
2.8 Workforce requirements (temporary and permanent) The appropriated combination of permanent and contract work force will be deployed along with the right set of machineries and equipment as to be decided by Palakkad District Planning Committee during tendering process.
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2.9 Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports As per the letter dated on 21-01-2019 by Muthuthala Panchayath President, no Social Impact Assessment or related studies were carried out in the past with respect to the project. Further, any technical feasibility reports were not available to refer during this study.
2.10 Applicable legislations and policies The applicable laws on land acquisition, rehabilitation and resettlement for the proposed project land acquisition for construction of Primary Health Centre at Muthuthala village in Pattambi Taluk in Palakkad district are: • The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. • Kerala The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015 • Government of Kerala - Revenue (B) Department -State Policy for Compensation and Transparency in Land Acquisition vide G.O (Ms) NO.485/2015/RD dated 23/09/2015. • Government of Kerala - Revenue (B) Department -State Policy for Rehabilitation and Resettlement Package for Land Acquisition in the State in lieu of RFCTLARR Act 2013 vide GO(MS)No.448/2017/RD dated 29/12/2017. • Right to Information Act, 2005
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Chapter 3 Team Composition, Approach, Methodology and Schedule of the Social Impact Assessment
3.1 List of Team Members with Qualification Vide the notification no: DCPKD/4806/2018-C5 dated 3rd July 2019 published in Kerala Gazette no. 1851 dated 16/08/2019 Rajagiri outREACH, Kalamassery was appointed by Revenue (B) Department to conduct Social Impact Assessment Study of the project and to prepare a Social Impact Management Plan as per section 4 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. Further, a team was constituted by SIA unit with experts who have engaged in similar projects and deployed them into the project with a set of definite roles and responsibilities.
Table 3.1.1 SIA Team Members
Sl.N o N a m e Qualification and E xperience
Designation
1 Dr.Binoy Joseph MA(HRM), LLB, Ph.D. 23 years in C onsultant teaching, (Principal, Rajagiri research and College of Social training Sciences) 2 MeenaKuruvilla MSW 30 years in Chairperson development sector 3 Biju C.P A.BPhilosophy 24 years in Development Officer development SIA sector
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4 Maria Tency V.S. M.A., D.S.S 27 years in Research Associate development sector 5 T ony Babu MSW 2 year in Research Associate development sector 6 G igin P S MSW 2 year in Research Associate development sector
3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment Before preparing the SIA study report, the study team acquired maximum information about the project with the support of Muthuthala Grama Panchayath, the Requiring Body. The team visited the project sites and studied about the affected land and the assets attached to it.They also visited the houses of the affected families and collected details through a census model Socio Economic Survey with a specific questionnaire. The demographic details of affected families, possession of legal documents (if any, towards the claim of property), occupation of the members, income, source of income, etc were collected through the survey. A draft report was prepared on analysing the primary data received through the field visits and survey. Secondary data received from the requiring body also were included in the report. The draft report was presented in the Public Hearing held on 13.11.2019 at Muthuthala Panchayath Hall and it was a venue for the affected families to express their views on land acquisition.
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3.3 Sampling Methodology Used The project will affect 2 families. To understand the various impacts of land acquisition to these families it is indeed to study both these families. Hence sampling methodology seems to be not appropriate for this study.
3.4 Overview of Information/Data Sources Used The primary data were collected through the face to face interview by visiting the affected families. A pretested questionnaire was used for the face to face interview with the affected people. The questionnaire included both the closed and the open ended questions. Their basic demographic details, present use of the land to be acquired, the after effects of land acquisition, etc. were collected through the house visit. The response and data points were analysed through statistical software and findings have reported along with recommendations.
The secondary information was collected from the Requiring Body and the Revenue department. RFCTLAR&R Act and the Policies and Rule framed by the State Government in lieu of the Act also were referred.
3.5 Schedule of consultations with key stakeholders and brief description of public hearings conducted
As part of the study, meetings/interviews/discussions were held with important with the affected families, its details are noted in the table 3.5.1.
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Table 3.5.1
Schedule of Meetings Date Activity/Event/Meeting Venue 19-08-2019 Pilot visit Project area 19-08-2019 Meeting with Panchayat President Panchayath office, Muthuthala 31-08-2019 Socio-Economic Survey, and Key Muthuthalaand 27-11-2019 Informant Interviews Palakkad 15-10-2019 Meeting withLand acquisition Civil Station, Officer in Charge Palakkad 04.11.2019 Distribution of Notice about Muthuthala Public Hearing 13-11-2019 Public Hearing Panchayat Hall , Muthuthala 03.01.2020 Final Report submission
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Public Hearing
Date : 13.11.2019
Venue: Muthuthala Grama panchayath Hall
As part of the Social Impact Assessment study a public hearing was held at Muthuthala Grama Panchayath Hall on 13.11.2019. Representing Mrs. Anitha, one of the affected land owner, her husband Mr. Ravindran was participated in the Public Hearing and shared their views on land acquisition. Mr. Neelakandan. C.M., President of Muthuthala Panchayath and Ms. Suprabha.K.P, Panchayath Secretary, Mr. Priyadarshan.K.P, Junior Health Inspector, PHC Muthuthala, Mr. Anandakumar. M.P, Junior Superintendent, L.A. General, Palakkad were present in the public Hearing. Mrs. Meena Kuruvilla, Chairperson, SIA unit were presided over the meeting. Besides Mr. T.Gopalakrishnan and Mrs. Omana.T. (Standing Committee Chairpersons), the members of the wards No. II, III, IV, VIII and XV were also present during the public hearing. The affected family raised some questions about the land acquisition and that was answered by the concerned officials. The public Hearing was video recorded. The question raised the affected family and the answer from the officials are given in Table 3.5.2.
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Table 3.5.2 Questions raised in the Public Hearing and Reply from Concerned Officials Sl.No. Name of the Person Suggestion/anxiety Answer from the Requiring Body 1 Raveendran The present land owners (Anitha and As per the Government order Nair Geeetha) and their husbands do not know number (2711/2016/LSGD) dated (Anitha's about the verbal agreement given by their 11/10/2006 an approval has been Husband) father Mr. Gopalan Nair (the then land granted for acquiring 85 cents of owner) to give the land for PHC in 2003. The land with fare compensation based Panchayath did not inform the family during on which further stepswere initiated. the land acquiring process. The Panchayath According to the Government cleared the land and fixed survey stone order number (319/2019/L SGD) without our consent. Six women equally own dated 14/02/2019 the permission the land. Hence if the Panchayath move for the acquisition of land is forward with acquisition, we will approach grantedas per LA act 2013. Based the court. Muthuthala panchayath have acres on that the further procedure for of land with better facility to construct PHC, the acquisition were initiated. A then why do they want to possess our land joint inspection at the sight was for the last 15 years. As per the Land Revenue instructed by Special Tahsildar Commissioner'sorder in 2008-2009, front (L.A), Palakkad via letter dated portion of the land should not be acquired 25/04/2019 and it was instructed to but panchayath has fixed survey stone in the fix alignment stones via letter dated 31/05/2019. In accordance front portion of the land.
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with this alignment stones were fixed there on 19-06-2019 through the Village Officer. Any kind of misdemeanours were not done by Panchayath in this issue and it is decided to move forward with the acquisition process.
The compensation shall be given to the land owners as decided by theDistrict Collector. Since there is no other land suitable for the project, this land is proposed. The alignment stones are fixed along with the approach to the affected land.
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After the public hearing Social Impact Assessment study unit received letters from two affected parties Mrs. Anitha and Mrs. Geetha. Mrs. Anitha mentions in her letter that she is not willing to give the proposed land which comes under ”wet land” category as per revenue records. This land comes under the Conservation of Paddy land and wetland protection act 2008. In lieu of this land the family is willing to give another 50cents of dry land owned by them for free of cost to construct PHC.
Mrs. Geetha mentions in her letter that there are hospitals in the Panchayath around in 4 k.m and majority of the people avail services from there. She requested instead of 50 cents, only the required land for a PHC should be acquired from the land and which should be equally acquired from her and her sister’s property. She also requested realign the proposed 8 meters of entrance way to the PHC into 4 meters. Otherwise there will be difficulty to get separate appropriate approaches to the remaining land owned by the two owners.
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Chapter 4 Land Assessment
4.1 Description with the help of the maps, information from land inventories and primary sources
The project aims to construct a Primary Health Centre at Muthuthala Grama Panchayath in Pattambi Taluk in Palakkad district. The proposed land is situated besides the Pattambi-Muthuthala road and near to Co-operative Bank Pattambi. As per village records the land in survey number 195/3 belongs to block No.26.
4.2 Entire area of impact under the influence of the project (not limited to land area for acquisition) The project intends to construct a Primary Health Centre at Muthuthala Panchayath. Further the Muthuthala panchayath is highly populated a Primary Health Centre with all facilities is a need in the area. The proposed 50 cents of
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wet land to be acquired is owned by two families and so the major impact of this project is loss of ancestral land to these two families. The emotional attachment of the owners to these land, since it is their ancestral property, should be considered as an impact. There were no houses or structures in the proposed land. But there are 5 coconut trees and the families will lose the income from it as its yield. Currently there is no farming in the landbut the families shared that farming had been done there earlier.
The entire impact of the land acquisition for the construction of PHC in Muthuthala Panchayath can be summarised as below:
Number of affected families : 2 families Loss of land : 50 cents of land Characteristics of the affected land : “ Wet land”(as per revenue record) which can be used for agriculture and the families possessed it as ancestral property Number of structures affected : Nil
Loss of Livelihood : Nil
Loss of income : Income received as yield from 5 coconut trees
4.3 Total land requirement for the project The proposed land acquisition is for constructing a Primary Health Centre with all facilities in Muthuthala Grama Panchayath. The Requiring Body stated that 50 cents of Land is required to construct a PHC with all facilities.
4.4 Present use of any public, utilized land in the vicinity of the project area None of the public utilized land is affected due to the project.
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4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project Muthuthala Primary Health Centre is currently working in a rented building near Pattambi Cooperative bank at Muthuthala. The PHC was started in 1995 has been working in a rented building with limited facilities. No land is already purchased, alienated, or acquired for the project. The Requiring body intend to use the whole land to be acquired is for the construction of Primary Health Centre.
4.6 Quality and location of land proposed to be acquired for the project The project land belongs to Muthuthala Village of Pattambi Taluk in Palakkad District and it is situated besides the Pattambi-Muthuthala road and near to Pattambi Co-operative bank.
As per village records the proposed land belongs to “wet land” category. Except 5 coconut trees, no other farming activities are undertaken in the land.
4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns The proposed land for the construction of Primary Health Centre belongs to “Wet land” category. Except 5 coconut trees, no other farming activities are currently undertaken in the land.
4.8 Size of holdings, ownership patterns, land distributions and number of residential houses The proposed 50 cents of land is included in the land hereditarily owned by 6 owners who are kin. The land to be acquired for the project belongs to 2 families. The land which is protected with a compound wall have no other structures. No families are residing in the affected land
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4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years
Based on the available information gathered through survey and interviewing key stake holders, the market value of the land is reported between INR 2,00,000 and 3,00,000 per cent. As per the information received from the affected families no transaction was held in the last three years and there were no major changes in the use of land.
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Chapter 5 Estimation and Enumeration (Where Required) of AffectedFamiliesand Assets
5.1 Estimation of families As per the Notification from District Collector, Palakkad (No. DCPKD/4806/2018-C5 dated 3rd July 2019) 50 cents of land belongs to the survey No.195/3 in Block No.26 may be required for the construction of PHC in Muthuthala Grama panchayath. This land belongs to 2 individuals namely Mrs. Anitha.T.P. and Mrs. Geetha.T.P. 5.1.1 Families which are directly affected (own land that is proposed to be acquired) It is proposed to acquire the land owned by 2 families for the construction of PHC in Muthuthala Grama panchayath. So these 2 are the directly affected families of the project. The name and details of these families are given in Table 5.1.1.
Table (5.1.1)
List of Affected Families
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 8
5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights Not applicable
5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood Not applicable
5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition Not applicable .
5.5 Families which have been residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land
Not applicable
5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition According to the revenure records the lands is classified into “Nilam” catago ry. But no farming activiies have been undertaken in the proposed land and no families are depending on the land as their primary source of livelihood
5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands) No indirect impact due to the project.
5.6.2 Inventory of productive assets and significant lands.
The affected families shared that there had been cultivated paddy and tapioca in the land. But presently there are only 5 coconut trees.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 9
Chapter 6 Social Economic and Cultural Profile (Affected Area and Resettlement Site)
6.1 Demographic details of the population in the project area The proposed land acquisition is to construct PHC at Muthuthala Grama panchayath. As per the Census report of 2011 population of Muthuthala Grama panchayath is 24,864 includes 11,815 males and 13,046 females. There are 2 families which will be affected due to the land acquisition for the project and the demographic details of those families are given below:
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 10
Table 6.1.1. Age Group and Gender
Gender Age in years Total Male Female
0-18 N il N il N il
19-30 N il 1 1
31-45 N il N il N il
46-59 N il 2 2
60 and above 2 N il 2
Total 2 3 5
Table 6.1.1 reveals the age group and sex of the affected persons of the project. In total 5 members (2 male and 3 female) are in the affected families. Among them 1 female member belongs to the age group 19-30, 2 female members belong to the age group 46-59. The remaining 2 male members are elderly ie in 60 and above age group.
Religion & Social Group Both the affected families are belonging to Hindu religion and General category.
Marital Status & Educational Qualification Out of the total 5 affected population 4 are married and 1 is unmarried. 3 of the affected people are graduates and 2 are Engineering graduates. Diagrammatic representation of the educational qualification of the affected people is given below:
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 11
Figure 6.1.1. Educational Qualification of the affected population
Education
0% Illiterate
LP
UP
40% High School
Higher Secondary
Degree
60% B tech
M tech
Other Proffessional Courses
6.2 Income and poverty levels When analysing the Income level of the affected families; 1 family earns Rs.40,000 and other family earns Rs.25000 per month. In both the families there is only 1 earning member. Number of dependants is 1 in a family and 2 in the other family. As per the Public Distribution system one affected family possess White colour ration card and other one do not have a ration card.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 12
6.3 Vulnerable groups Two of the affected family memberswho belongs to the age group of 60 and above would be considered as vulnerable group.
6.4 Land use and livelihood
The affected land belongs to “Nilam” category. The affected families shared that the land was formerly used for cultivating paddy and tapioca. But presently there is no farming except 5 coconut trees. The land owners get income from the coconut trees as its yield.
6.5 Local economic activities Project area is a rural village in Palakkad District so agriculture and related activities are the major local economical activities. None of the local economic activities are affected due to the land acquisition.
6.6 Factors that contribute to local livelihoods Education levels of the project area are high and majority of them are employed with government and private organisations. Some of the villagers are working abroad and it also a major contribution to local livelihood. Further, yield from coconut trees and paddy also constitutes income sources of the families in the locality.
6.7 Kinship patterns and social and cultural organization As observed by the expert team of SIA, people generally live in harmony and work together for the development of the region. There are2 schools and clubs and associations to promote sports, art, reading etc. near the project area.
6.8 Administrative organization Muthuthala Panchayat office and Pattambi Cooperative bank Office, are the major administrative organisations present in the project area.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 13
6.9 Political organization No political organisation is observed to be located in the vicinity of the proposed project location.
6.10 Community based and civil society organizations Though the project area has presence of all major religions, Hinduism is the dominant religion and Muslim community is also there. No religious institutions were affecting due to the proposed project.
6.11 Regional dynamics and historical change processes Muthuthala is a rural village in Palakkad district, and it shares boundaries with Bharathapuzha in south, Paruthoor Panchayath in West, Pattambi Panchayath in East and Koppam Panchayath in North. Located in the banks of River Bharathappuzha, the region was known for farming especially for paddy and coconut. The real estate boom in the year 2008-2014 and poor cost efficiency in the agro-sector resulted in the land being used for residential and commercial purposes. The migration of natives to foreign countries especially in Middle East and resulting rise in household income inflated this phenomenon. The project may cause only positive impact and positive changes in the locality.
6.12 Quality of the living environment The village people have access to facilities such as Schools, Hospitals, Civil Organisations, Social Groups etc. Due to its close access with Pattambi, one of the largest city in Palakkad district, the facilities in the city are also being used widely for tertiary care hospitals, higher education etc. The distance to major railway station is estimated at 8.4 KMs.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 14
Chapter 7 Social Impact Management
7.1 Approach to mitigation To assess the mitigation, the expert research team of SIA Unit has adopted an approach that is spanned in three phases. In the first phase, a physical observation of the area was held and conducted a pilot study to understand major risks and opportunities involved with the project. Through a structured questionnaire, detailed dynamics of risks of each affected person is collected and analysed. Further, to understand generic and common risks involved with the project, in-depth interviews were held with selected key persons and stakeholders of the project. Public hearing conducted on 13.11.2019 for a comprehensive measurement of risk and to mitigate it in the third phase.
7.2 Measures to avoid, mitigate and compensate impact The proposed construction of primary health centre at Muthuthala is planned by the requiring body by minimising the risk in the most possible manner. No residential building will be affected and no major farming lands are being used for the project. However, two families which owns the project land will be adversely affected and the following measures may be taken to avoid, mitigate and compensate impact.
• Compensation for the land owners as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilatation and Resettlement Act 2013 & Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 15
• The Rehabilitation and Resettlement package as per the Policies issued by Revenue(B) Department, Government of Kerala vide G.O.(MS)No. 470/2015/RD dated 23/09/2015 and vide G.O.(Ms)No. 448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLAR&R Act 2013 shall be provided to the affected land owners. • A possible alteration may be looked into considering the approach since one of the land owners expressed anxiety that the proposed road having 8 meters width would cause hindrance to approach to their remaining land.
7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448 /2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLARR Act 2013 shall be provided to the affected land owners.
7.4 Measures that the Requiring Body has stated it will introduce in the project proposal The Government Order G.O. No.319/2019/L.S.G.D dated 14/02/2019 indicates that the Panchayath Director reported that District Planning Committee has sanctioned Rs.15,00,000/- from the 2018-2019 People’s Planning Fund for the land acquisition and construction of PHC at Muthuthala, and for which consent has given by the Panchayath Deputy Director with certain conditions.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 16
7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA
As per the letter submitted by one of the land owners, the proposed road having 8 meters width would cause hindrance to approach to theirremaining land. Hence a possible alteration may be looked into considering the approach.
7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy The Compensation as per RFCTLARR Act 2013 and Rehabilitation and Resettlement package as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLARR Act 2013 shall be provided to the affected land owners.
Table 7.6.1 Mitigation Plan
Sl.No. Impact Mitigation Time Frame 1 Loss of land Compensation (as per 1st KeralaRight to Fair schedule of RFCTLAR&R Act Compensation and 2013) Transparency in 2 Loss of assets Compensation (as per 1st Land Acquisition, attached to land schedule of RFCTLAR&R Act Rehabilatation and 2013 and as per Kerala Policy Resettlement Rules dated 29/12/2017) 2015
7.7 The SIA plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body
Not Applicable
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 17
Chapter 8
Social Impact Management Plan Institutional Framework
8.1 Description of institutional structures and key person responsible for each mitigation measures The proposed land acquisition is for theconstruction of Primary Health Centre at Muthuthala in Palakkad district is a requirement by Muthuthala Grama Panchayat. Government of Kerala has appointed various key persons through formal order with clear roles and responsibilities in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation (RFCTLARR) Act, 2013.
RTFCTLARR Act, 2013 defines the Administrator appointed by the State Government would be the person responsible for Preparation of Rehabilitation and Resettlement Scheme for affected families of Land Acquisition. Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation & Resettlement Scheme shall vest in the Administrator.
As per G.O. (Ms) No.485/2015/RD, dated 23/09/2015, The Kerala State Policy for Compensation and Transparency in Land Acquisition, the District Level Fair Compensation, Resettlement and Resettlement Committee comprising :
• District Collector, Administrator for resettlement and rehabilitation, • Land Acquisition officer • Finance Officer
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 18
• Representatives of the requiring body to take financial decisions on its behalf, • Representatives of Local Self Government Institution will monitor the Rehabilitation Action Plan ( No rehabilitation is required for the project )
8.2 Specify role of Non-Governmental Organizations Not Applicable
8.3 Indicate capacities required and capacity building plan, including technical assistance if any Not applicable
8.4 Timelines for each activity Timeline will be finalized as per the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 19
Chapter 9 Social Impact Management Plan Budget and Financing of Mitigation Plan
9.1 Costs of all resettlement and rehabilitation costs The District Planning Committee has sanctioned Rs.15,00,000/- for the project from the 2018-2019 financial year People’s Planning project and for which consent has given by the Panchayath Deputy Director with certain conditions.
9.2 Annual budget and plan of action Not Applicable
9.3 Funding sources with break up Not Applicable
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 20
Chapter 10 Social Impact Management Plan Monitoring and Evaluation
10.1 Key monitoring and evaluative indicators
• Fair compensation and resettlement measures as per RFCTLAAR Act, 2013 • Timely disbursement of funds to the affected families • Implementation of the proposed project in the time frame defined
10.2 Reporting mechanisms and monitoring roles Reporting mechanism and monitoring roles as per the Kerala State Policy G.O. (Ms) No.485/2015/RD, dated 23/09/2015 framed in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.
10.3 Plan for independent evaluation Not Applicable
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 21
Chapter 11 Analysis of Costs and Benefits and Recommendation on Acquisition
11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs The primary health centre (PHC) is the basic structural and functional unit of the public health services in developing countries, to provide accessible, affordable and available primary health care to people. The major goals or the principals of the Primary Health Centres are to reduce exclusion and social disparities in health, to organize health services around people’s needs and expectations, to integrate health into all sectors, to peruse collaborative model of policy dialogue, health work force developments and community participation.
The Indian Constitution makes the provision of healthcare in India the responsibility of the state governments, rather than the central government. It makes every state responsible for raising the level of nutrition and the standard of living of its people and the improvement of public health as part of its primary duties. At present the Primary Health Centre in Muthuthala Panchayat is functioning in a rented building with very limited facilities. The limited facilities are the major barrier of the existing hospital. Hence construction of a Primary Health Centre with all facilities is a necessary requirement of Muthuthala Panchayath. For that it is proposed to acquire 50 cents of land from survey No.195/3 from Block No.26 of Muthuthala village. The proposed land is owned by 2 individuals. There is no residence or presently no activities are undertaking in the affected land so the project does not cause any major
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 22
impacts like displacement and loss of livelihood of the families. But the loss of hereditary possessed land for the 2 families will be an impact of the proposed project. It also understood that one land owner is not willing to give up her land even though she favors the project.
By providing compensation and R&R package to the families as per the RFCTLARR Act 2013, this impact can be mitigated.
11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not. Based on the analysis and assessment of the positive and negative impacts of the land acquisition for the construction of Primary Health Centre, Muthuthala it is understood that the project is expected to cause positive impacts like development in the region especially on health care despite the negative impact of losing the hereditary land by the 2 families. Legal mitigation measures as per RFCTLAR&R act 2013 should be taken to ease the impacts caused to the families. Hence it is recommended to do the land acquisition procedures for the construction of Primary Health Centre at Muthuthala Grama Panchayath in Palakkad district by considering the below mentioned recommendations: • Compensation for the land owners as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 & Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 23
• The Rehabilitation and Resettlement package as per the Policies issued by Revenue (B) Department, Government of Kerala vide G.O.(MS)No.470/2015/RD dated 23/09/2015 and vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLAR&R Act 2013 shall be provided to the affected land owners. • A possible alteration may be looked into considering the plan of the approach road, since one of the land owners expressed anxiety that the proposed road having 8 meters width would cause hindrance to approach to their remaining land.
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad 24
References
1. The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
2. Rehabilitation and Resettlement Package for acquisition of Land in the State in
lieu of RCFTLAAR Act, 2013 G.O. (Ms) No. 448/2017/RD dated 20/12/2017
3. MuthuthalaGramaPanchayatPadhathirekha 2016-18
4. MuthuthalaGramapanchayatFiveYear Plan booklet 2017-2022
Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad LIST OF ANNEXURES
A nnexure 1 4 (1) Gazette Notification
A nnexure 2 Socio Economic Survey Questionnaire
Annexure 3 (a) Public Hearing Notification (Madhyamam)
Annexure 3(b) : Public Hearing Notification Deshabhimani)
A nnexure 4 : Notice issued to the affected families
Annexure 5 (a) List of participants -affected families in the public
H earing
A nnexure 5 (b) List of Officials participants in the public hearing .
A nnexure 6 : Government of Kerala - Revenue Department- State
Policy for Compensation and Transparency in Land
Acquisition 2015.
Annexure 7 : Policy for R&R package for acquisition of land
in the State 2017 issued by Revenue (B) Department
A nnexure 8 Details of affected families
**** - -2-
Socio Economic Survey for Social Impact Assessment Study Land Acquisition for Construction of Primary Health Centre at Muthuthala. Pattambi. Palakkad
SIA Ref No Interviewer's Name Survey Date Supervisor's Name Data Entry Staff' Name Data Entered Date Data verified by, and Date
Name of the Respondent: Name of the Affected Family (Head):______
Name and Address of the Affected Person:
Phone Number:
Household Demographic Information:
Q.l Village:
Q.2 Ward No.:
Q.3 Name of Panchayat:
Q.4 Religion: Hindu Muslim Christian Others Please Specify
Q.5 Social Group: SC ST OBC General Others Please Specify
Q.6 Ration Card: Yellow PINK BLUE WHITE N.A
Q.7 Monthly Family Income:
Q.8 Monthly Family Expenditure:
Q.9 Major Source of Income:
SIA- Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad (SIA Unit-RAJAGIRI outREACH) 2
Q.10 No. of Earning Members in the Family:
Q .ll No. of Dependents:
Q.12 Total Land Area Owned by Members in the Family (in cents)
Details of the Land Proposed for Acquisition
Q.13 Type of Land: Purayidam Nilam NilamNikathuPurayidam
Q.14 Present Use: Unusedj | Agriculture Residential Commercial
Q.15 Ownership Status: Own Rent Lease
Q.16 Forms of Ownership: Inherited Bou ghj I Rented/Leased
Q.17 Total Extent of Land (in Cents):
Address of the Affected Property (with pincode) Communication Address of the owner (with phone number &pincode)
Name of title holder/s of the property (specify the names of all the members specified as per the title deed)
Date on which the Land is owned (approx)
Q.18 Have you bought or sold or made any other transactions in the land in the last three years? Yes No
If yes, give details.
Q.19 Total Extent of Land proposed to be acquired (in Cents):
Q.20 Survey No/s. of the Land to be acquired:
Q.21 Type of Building exist in the land: Concrete Tiled Hut N.A 3
Q.22 Built up Area (In Square Feet):
Q.23 Presence of Water Source in the Land: Well Bore well Poncj^ N.A
Q.24 Statistics of Farming and existence of major trees/Cash Crops in the Land Proposed to be acquired:
S# Type of Farming/Tree/Cash Crops Specify Units (Area/ Nos.) 1 2 3 4 5
Q.25 Monthly Income from the Land to be acquired:
Impact
Q.26 Does the proposed acquisition of land displace you? Yes No
Q.27 Does the proposed acquisition of Land affect your major source of Income and Livelihood opportunities? Yes No
If yes, state how.
Q.28 Does the proposed acquisition of Land affect farming and agriculture you are currently engaged at? Yes No
If yes, state how.
Q.29 Does the proposed acquisition of Land affect your existing water sources?Yes >
If yes, state how.
Q.30 In any form, does the proposed acquisition cause hindrance to your residence/commercial building or other structures in the vicinity such as compound wall etc. Yes lo
If yes, state how.
Q.31 Does the proposed acquisition cause any hindrance to access electricity?Yes No
If yes, state how.
SIA- Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad (SIA Unit-RAJAGIRI outREACH) 4
Q.32 Does the proposed acquisition affect your mode of transportation and access to the nearby town, public/social institutions such as Schools, Hospitals, Clubs, and Sports Ground etc.? Yes No
If yes, specify_
Q.33 Are there any users outside your family for the land proposed to be acquired? Yes No
If yes, give the details below s # Name and Address of the Person Contact # Type of Use
Awareness and Attitude
Q.34 Are you aware about the plan of constructing building for Primary Health Centre and acquisition of your land? Yes No
If yes, source of information: Newspaper TV/Digital Media Community Members Social Media Others (Specify)
Q.35 Rank the likely positive and negative outcomes of the project:
Positive Outcome Rank
Improvement in Healthcare in the Village
Higher commercial value for land and other properties in the vicinity
Better infrastructure and access to modern facilities in the locality
Others (Specify) 5
Negative Outcome Rank Reduction in ownership and possession of land
Disturbance to environment and eco-system
Farming and agriculture negatively affected
Others (Specify)
General Comments about the Project:
SIA- Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad (SIA Unit-RAJAGIRI outREACH) 6
Q.36 FAMILY MEMBERS - DETAILS
Marital Education Monthly Major Noi StatUS(Marrie Name Age Gender d/Unmarried/ Job diseases/ Divorcee/Wido Income Disability ing ted Relationship Relationship of the family the of w) with the Head with the Head Comple Continu
1 2
3
4
5 6
7
8
9
10
SIA- Land Acquisition for Construction of Primary Health Centre at Muthuthala; ttambi, Palakkad (SIA Unit-RAJAGIRI outREACH) urC- P r y o t * 3
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Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad Venue: Muthuthala Panachayath Hall Date & Time: 13/11/2019, 10..30A.M Officials List SI Name & Address Contact Number Signature No ^ O f W va Yv> soft 'j*T ' ^ 4 0 0 7 'Z .Z S 3 1 i IkteiYcf ^ 1) VC P v £ i 0®> iffe. r- 0)O o C P . 3 O&Ap&jtb rrdt-J&a V - < r^nnb- rb\ ■ gq) or\6 1 » >7 / s j ,r> / V S’ ^ M odal hi 5 ' v,c* pyeSi'dlM f Morthu1hal& ^tW LkSSM s • ln*V‘ frroUkKo>7?/R)' ^ «# & S ij Q |< p \Jill (^6 r pgifeirow flU y t& G l Attendance Record - Public Hearing: Social Impact Assessment - SIA Study_Draft Report Land Acquisition for Primary Health Centre at Muthuthala, Pattambi, Palakkad 2 Public Hearing - Social Impact Assessment SIA Study_Draft Report. Land Acquisition for Construction of Primary Health Centre at Muthuthala, Pattambi, Palakkad Venue: Muthuthala Panachayath Hall Date & Time: 13/11/2019, 10..30A.M Officials List SI Name & Address Contact Number Signature No OlCC-'f/v? p jjh (J h^ — 7 Wo 2,\\a o ! c{Lf 605>'^!&3 ^f % 7 V (7 opeeler rv' e 7i W clicI \ V ^ 3 h GTS 933 . 3 S~ i'd ■«« C^.unvv'M '*^ c 3\o 11 m an {) pmtnfrj— < Hi h P \o V p n r i ° Qjn.cJla2 r r j W P ft O r H e exttp j u , noy}cf • 9 7 ^ 6 ) ^ - 6 / 3 7 T K f/A c /Vj t , I f l\ !h J n a yy\C\vv^ '-T - r g o 8 3 3 i£ o ? 4 Lf Cll Attendance Record — Public Hearing: Social Impact Assessment - SIA Study JDraft Report_Land Acquisition for Primary Health Centre at Muthuthala, Pattambi, Palakkad 2 13 3 ^ 3 ! / °/lj GOVERNMENT OF KERALA A b s tr a c t Revenue Department - State policy for Compensation and Transparency in Land Acquisition - Approved - Orders issued. REVENUE (B) DEPARTMENT G.O.(Ms) No.485/2015/RD. Dated, Thiruvananthapuram, 23/09/2015. Read ■ G.O.(P) No.4 7 0 /2 0 15/RD dated 19/09/2015. ORDER The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring just and fair compensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01/01/2014. The State Government as per G.O. read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015. 2. Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/policy which provides higher compensation than that calculated under this Act for the acquisition of land so that the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy . 3. Therefore, in order to speed up and simplify the procedures of land acquisition for public purpose, Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The important objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair compensation, rehabilitation and resettlement committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC). (By Order of the Governor) Dr. Vishwas Mehta Principal Secretary to Government To The Commissioner, Land Revenue, Thiruvananthapuram All District Collectors The Public Works /Water Resources/Industries/Power/Transport/ Local Self Government/IT Departments The Accountant General (Audit/A&E) Kerala, Thiruvananthapuram The Finance Department General Administration (SC) Department Tmormation 8s Public Relations (W&NM) Department Stock File/Office Copy. Forwarded/By Order % Section Officer. - 2 - A p p e n d ix Policy of the State of Kerala for compensation in land acquisition Introduction The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring adequate compensation and Rehabilitation 85 Resettlement to Land owners whose land are compulsorily acquired by the State for bonafide public purposes. Section 108 of the Act empowers the Government to frame law or policy which provides a higher compensation than calculated under this Act for the acquisition of land and thereby enabling the land ouster to exercise option either to avail such higher compensation for Rehabilitation and Resettlement under such policy of the State or to go by the provisions of the Act. Kerala is a State with high population density and whenever Government resorts to acquisition of land for public purpose, families get displaced from their ancestral properties and lose lands which are often their sole livelihood. In order to ensure that immediate relief by providing enhanced compensation and Rehabilitation & Resettlement package to such affected families, Government of Kerala felt the need for framing an adequate policy on the subject. O b je c tiv e s Government aims to ensure the following relief to the land losers through this policy. 1. The land loosers are provided with just and reasonable compensation for land acquired, relieving them from the burden of approaching judicial forums for enhancement of compensation. 2. Rehabilitation 8s Resettlement policy as provided in the Act along with additional packages including employment/stake holdings in eligible cases according to the nature of the project. 3. Disbursement of compensation before taking possession of land and ensuring Rehabilitation and Resettlement packages including infrastructural amenities as provided in the third schedule of the Act within 18 months of the date of publication of DD. 4. Transparency in procedures and less negative impact ensuring the land losers that their socio-economic status does not fall below what it was before the acquisition. Frame work of the policy The general provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to all land acquisitions. Social Impact Assessment (SIA) study shall be conducted in projects where it is mandatory and preliminary notification under Section 11 of the Act shall be published after approval of the project by the Expert Committee. (1) The Government shall constitute a District Level Fair Compensation, Resettlement and Rehabilitation Committee in every District. (2) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall have the following Members: -3- i) District Collector ii) Administrator for Resettlement and Rehabilitation iii) Land Acquisition Officer iv) Finance Officer v) Representative of the Requiring Body empowered to take financial decisions on its behalf. vi) Representative of the Local Self Government Institution of the area where the land is situated. Provided that where the affected area covers more than one district, the District Level Fair Compensation, Resettlement and Rehabilitation Committee of the district, where major portion of the land to be acquired belongs to, shall function as District Level Fair Compensation, Resettlement and Rehabilitation Committee to take action in the matter. (3) The District Collector will verily the title deeds, non-encumbrance certificate, basic tax receipt, building tax receipt, possession certificate and other relevant records of each parcel of land to be acquired. (4) The District Government Pleader or any other advocate specially authorized by the District Collector in this behalf will scrutinize the title deeds, and other documents relating to ownership and possession and give necessary recommendation to the District Collector. (5) The District Collector shall, within 7 days of the preliminary notification under Section 11, send the SIA Report and other relevant documents to the District Level Fair Compensation, Resettlement and Rehabilitation Committee. (6) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall fix the parameters and shall define criteria for categorization of land as per the local needs to fix land value and the same may be approved by the Committee. The Committee should take utmost care in determining the criteria for categorization. There should not be any ambiguity regarding classification. The authority to change the categorization once approved by the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall rest only with the SLEC. (7) After categorization of lands, land value shall be arrived at as per the provisions of the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and keeping this as the basis land value and taking into consideration the existing market value of the land make negotiation with the land owners and reach consensus with them on the final land value (8) The Committee will finalise the estimate of a fair and reasonable price of land and compensation along with the Rehabilitation and Resettlement package to be given to the affected person/family. The Committee shall ensure that eligible affected family is given Rehabilitation & Resettlement an envisaged in the second and third schedule of the Act. (9) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall send the estimate arrived as above, in Annexures I & II to the State Level Empowered Committee for approval. - 4 - The Government shall constitute a State Level Empowered Committee which shall have the following members: (i) Chief Secretary (ii) Revenue Secretary (iii) Secretary of the Administrative Department (iv) Law Secretary (v) Finance Secretary The State Level Empowered Committee shall approve the estimate or return it for reconsideration by the District Level Purchase Committee with suggestions/observations that it thinks fit. The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall, within 15 days of the receipt of such approval with or without changes, send individual notices to the affected families and affected persons apprising them of the provisions of the law or policy and giving them a date to appear before it on a specified date for the purpose of considering settlement of compensation and resettlement and rehabilitation claims on the basis of the policy. On the date fixed as above, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall explain the policy to the affected family or affected person and give them an estimate of the compensation and resettlement and rehabilitation package worked out under the policy. Provided that the date so fixed may be adjourned for another date for reasons to be recorded, Provided further that the proceedings shall not be adjourned for more than a period of 30 days in all from the first date. At the proceedings, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall present the estimated compensation and resettlement and rehabilitation package to the affected family or affected person and explain the terms and conditions of the same, Provided that the District Level Fair Compensation, Resettlement and Rehabilitation Committee may change the compensation and relief and resettlement package for the benefit of the affected family or affected persons to the extent of 10% in order to arrive at a mutually acceptable d settlement. If District Level Fair Compensation, Resettlement and Rehabilitation Committee feels that a higher payment exceeding 10% is absolutely necessary, then the proceedings may be recorded and sent to SLEC for approval. The affected family or affected persons shall thereupon submit their consent to having their claims settled according to such law or policy of the State instead of settling the same under the Act Provided that the affected families or affected persons who earlier rejected the negotiated settlement may, by a written application to the Collector, shall choose the option of the State policy at any time before passing the final award under Sections 30 and / or 31. Upon receiving the consent of the affected person or affected family, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall submit the consent along with minutes of its proceedings to the Collector for finalizing the conveyance of land in terms of the consent. -5- (17) The Collector, upon receiving the consent, shall cause a Sale Deed in terms of the settlement arrived at in the proceedings before the District Level Fair Compensation, Resettlement and Rehabilitation Committee to be executed and registered between himself and the affected family or affected person. (18) The Collector shall ensure that the draft declaration under Section 19of the Act has been published before proceeding with the execution of the sale deed. (19) The designated officer of the concerned project authority will take steps to effect necessary changes in the classification of land through the Taluk Tahsildar on the basis of the copy of the registered deed obtained from the Office of the Sub Registrar. (20) The Compensation or package received by the affected family or affected person shall not be subject to income tax or any other levy. (21) The compensation and package agreed upon shall be paid into the bank account the details of which shall be submitted by the affected family or affected person along with the consent. (22) On completion of the conveyance the Collector shall take possession of the land immediately, provided that the Collector may, on a written application by the affected family or affected person, accord sanction for extension of talcing of possession of the land by a period not exceeding 30 days. (23) No conveyance made under these rules shall be called in question in any court of law on any ground except that the same was executed by a person other than the one who was competent to do so. Append.ix.-I Check List for District Level Purchase Committee 1. Whether the title of the land is clear : 2. Whether any Government land is involved : 3. Criteria for categorization : 4. Criteria for fixing land value : 5. Decision of the DLPC - 6 - Appendix-II FORMAT FOR SUBMITTING PROPOSALS FOR SLEC I. Land Total No.of Land Value Land Extent title value 100%+ value of No. of holders as solatium decided % of Existing Category land title who per + 12% by the increase faii- in holders have BVR additional DLPC value Ares given in land (per consent Ares value Are) A B C D T o t a l II Budget provision under H/A 5054-80-800-65 LA for Government purposes III Amount already released IV Balance available V Approx, amount proposed to be released for compensation in the present case VI Amount recommended for release VII Whether percentage of increase is justified R s C. File No.REV-B1/264/2017-REV GOVERNMENT OF KERALA Abstract Revenue Department - Rehabilitation and Resettlement Package for acquisition of Land in the State in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Approved - Orders issued.______REVENUE (B) DEPARTMENT G.O.(Ms)No. 448/2017/RD D a te d ,T h iru v a n a n th a p u ra m ,29/12/2017______Read: 1 G.O (Ms) No 419/11/RD dated 15.11.2011. 2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 3 Minutes of the meeting convened by ACS (Revenue) on 29.05.2017 ORDER Land acquisition for public purpose in the State is done by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. In view of the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the necessity for a clear and transparent policy for rehabilitation and resettlement was felt. The meeting convened by Additional Chief Secretary (Revenue) on 29.05.2017 inviting Finance Secretary, Law Secretary, Secretary PWD, Transport Secretary, Commissioner, Land Revenue & District Collector, Thiruvananthapuram discussed the various issues related to the formulation of State Policy on Rehabilitation & Resettlement in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The Committee observed that the State of Kerala is facing several problems with regard to Land Acquisition. Stiff resistance from all corners are being faced by the Land Acquisition Officers (LAO). The Committee viewed that organized resistance from petty traders, shop owners are faced during this entire process. Owing to the experience gained over a past couple of years, the Committee decided to slightly deviate from those File No.REV-B1/264/2017-REV provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. On serious and deliberate discussions the Committee unanimously came to the conclusion for providing more assistance rather than included in the 2nd schedule of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Government have examined the matter in detail and are pleased to approve a comprehensive Rehabilitation and Resettlement Policy as appended to this order for land acquisition in the State slightly deviating from those provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. This Rehabilitation and Resettlement Policy will be applicable to all land acquisition cases in the State, ie, by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. This Rehabilitation and Resettlement Policy will have effect from the date of this order where the land acquisition award has not been passed. By order of the Governor P H K U R IA N ADDITIONAL CHIEF SECRETARY To:- The Commissioner of Land Revenue, Thiruvananthapuram. All District Collectors. The Public Works/Water Resources/Industries/Power/Transport/Local Self Government/IT Departments. The Principal Accountant General (Audit), Kerala, Thiruvananthapuram. The Accountant General (A&E), Kerala, Thiruvananthapuram. The Finance Department (Vide UO No 514877/Exp-A1/267/201 dated 20.07.2017) General Administartion (SC) Department (Vide Item No 1784 dated 26.12.2017) Information and Public Relations Department Stock File / Office Copy File No.REV-B1/264/2017-REV C o p y T o :- PS to Chief Minister PS to Minister (Revenue) AS to Chief Secretary PA to ACS (Rev & DM) CA to Principal Secretary (Finance) CA to Principal Secretary (PWD/Transport) CA to Additional Secretary (Revenue/LA) Forwarded/By order Val >wn e r Digitally wgnec/ by £J£Jl\ V A R G H E S E / J \ Date: 2017/12^T17:2f54 1ST Reason: ApnrJved I File No.REV-B1/264/2017-REV APPENDIX SI. State Policy on Rehabilitation and Resettlement N o. 1 Provision of housing units in case of displacement: 1. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 Sq mts in plinth area. 2. The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area. PROVIDED that any such family in urban /rural areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than Rs 300000( three lakhs rupees only) irrespective of their annual financial income. 2 Land for Land In the case of irrigation project, affected family owing agricultural land in the affected area and whose land has been acquired or lost, or who has, as consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: PROVIDED that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half acres, whichever is lower. 3 Offer for developed Land: In case the land is acquired for urbanization purposes, twenty percent of the developed land will be reserved and offered to File No.REV-B1/264/2017-REV land owing project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: PROVIDED that in cases the land owing project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package p a y a b le to it. 4 Choice of Annuity or Employment: The appropriate Government shall ensure that the affected families are provided with the following options: (a) . Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) One time payment of five lakhs rupees per affected family; or (c) Annuity policies that shall pay not less than three thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for agricultural L a b o u re rs . 5 Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to five thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. 6 Transportation cost for displaced families: Each affected family which is placed shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building, materials, belongings and cattle. File No. REV-B1/264/2017-REV 7 Cattle Shed/Petty Shops cost: Each affected family having cattle or having a petty shop shall get one-time financial assistance subject to a minimum of twenty five thousand rupees and maximum of Rs. 50,000/- ( Fifty thousand rupees) for construction of cattle shed or petty shop as the case may be. 8 One time grant to artisan, small traders and certain others: Each affected family of an artisan, small trader or self employed person or an affected family which owned non agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of fifty thousand rupees. 9 Fishing Rights: In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs. 10 One time Resettlement Allowance: Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only. 11 Commercial Tenants One time assistance of Rs. 2,00,000/- ( Rupees Two lakhs only) to meet all shifting charges and social costs. Provided, such assistance would not be provided to companies, banks, financial institutions & large shops having a carpet area of more than 2000 sq.ft. 12 Employees working in commercial establishments Rs.6,000/-(Rupees Six thousand only) p.m for 6 months for loss of livelihood for the employees working in the said commercial establishment for 3 years prior to acquisition. 13 Residential family Tenants They will provided a one time shifting allowance of Rs.30,000/-.( Rupees thirty thousand only) 14 Encroachers who live or run their business on puramboke File No.REV-B1/264/2017-REV la n d fora minimum period of 3 years preceding the date of 4(1) notification of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or date of Preliminary Notification of the concerned Act as the case m a y be: 1. Rs. 5,000/- p.m ( Rupees Five thousand only) for 6 months. 2. Value of Structure/improvements on land valued as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 15 Place of worship. In addition to land and structural value, shifting charge of actual expenditure subject to a maximum of Rs. 1,00,000/- ( Rupees One lakh only) wherever necessary. p a n e s* * 1« - ' * List of affected families SI No. Name and Address Survey Number Extent of Land 1 Anitha TP Gopalayam House Muthuthala PO 195/3 20.234 (50 cent) Pattambi 2 Geetha TP BhavanaManapullikavu, Yakkara, Palakkad SIA Unit RAJ AG I Rl m fa tach Rajagiri outREACH Rajagiri College of Social Sciences Rajagiri P.0 Kalamassery, Pin: 683 104 Ph: 0484 2911330,332/2550785 [email protected] www.rajagirioutreach.in