RESETTLEMENT PLAN
SUPPLEMENTARY APPENDIX TO THE Report and Recommendation of the President to the Board of Directors
on the
National Highway Corridor Sector I Project
in
INDIA
National Highways Authority of India
This report was prepared by the Borrower and is not an ADB document.
December 2003
EXECUTIVE SUMMARY
Sector Loan Approach
1.1 With increased project development capability of NHAI and in response to the government request for increased flexibility to be incorporated in the selection of road sections to be financed by ADB, it was decided to apply sector loan modality for this year’s project. The sector loan needs to satisfy these criteria: (i) existence of sector investment plan;(ii) the institutional capability to implement the sector development plan; and (iii) the development of sector policies to improve its performance.
The sector loan approach has following features: (i) Project Roads were identified as sections to be included in the envisaged sector loan. (ii) From the sections of Project Roads a core subproject was selected, and appraised by ADB, setting an example for the appraisal of other subprojects by NHAI. (iii) NHAI has selected certain non-core subprojects, which meet the predetermined eligibility criteria. These subprojects would be appraised by NHAI in accordance with the guidelines and criteria set out by ADB. Those subprojects thus appraised would be sent, for approval, to ADB with use of a summary report format, together with necessary supportive documents. (iv) As a part of the Project Team, a technical group of experts has been established so as to strengthen capacity of NHAI to review technical reports, design and appraise the technical, financial, economical, environmental and social viability of subprojects.
Core and Non Core Subproject Road Description
1.1.1 Project Roads to be financed by ADB sector loan cover priority sections of the East-West Corridor located in the states of Rajasthan (RJ), Madhya Pradesh (MP) and Uttar Pradesh (UP). The total project length is 663 km, which are further divided into five consultancy packages for the purpose of preparation of DPR, EIA/EMP and RP. Table no. 1: Details of Sub Project Roads Sub Projects/ Core & Non Specific Length State Consultants packages Core Project location Road Section A Chittorgarh-Kota NH 76(222-397) 164km RJ ICT B Kota-RJ/MP NH76 (397-579) 173km RJ SPAN Border C RJ/MP Border- NH76 (579-610), 132km MP & UP Trans Asia Jhansi Shivpuri (Excluding Bypass NH25 Jhansi Bypass) (12-92) D Jhansi-Orai Plus NH76 (104- 124km UP TBD 209) E Orai-Bhognipur- NH76 (209-255), 70km UP TBD and Barah NH2 (423-450) Craphts Source: ADB Aide Memoire for NHAI, 2003 N.B. Jhansi Bypass will be included in part D
I Among all subproject road sections, package C was selected as a Core subproject since it represents a typical set of project development issues, including technical, environmental and social issues.
1.2 The Core subproject under study which is known as National Highway Corridor (Sector) Project covers a priority section of East-West Corridor located in Madhya Pradesh and Uttar Pradesh involves improvements and upgrading of 132.4 Km (NH- 76, and NH-25) from Shivpuri to Jhansi. The entire stretch of the core subproject road section of NH76 (Km 579 to Km 610) and Km 0.00 to Km 80 of NH25 falls within the state of M.P. Km 80 (M.P./U.P. Border) to Km 91.4 is under the Jhansi District, UP state. The improvement activities include four-laning of the entire stretch, improved junctions, underpasses and one bypass, four major bridges, twenty-two minor bridges, five major junctions, one fly-over, one ROB two approaches & culverts. The National Highways Authority of India (NHAI) is the executing agency for the project.
1.3 The highway has sparingly inhabited area, flat/rolling agricultural terrain, deficient geometric alignments, and uncontrolled ribbon development at dozen locations with semi-permanent/ permanent settlements within the ROW and fair pavement condition as its characteristics. Alternative alignments were examined at the major built up areas namely townships of Shivpuri, Karera and Madhav National Park.
1.4 The Core project road section consists of three contract packages. The Core project road was surveyed and the data is compiled and presented district wise. The following tables describe all sections & corresponding districts.
Table no. 2: Core project road Section Passing Through Each District Core Description Length (Km) District Project Road I NH-76, Km. 579-610 & 54.4 Shivpuri Shivpuri Bypass (0-24 Km) II Km. 14-Km.40 Sindh River 26.0 Shivpuri Bridge New Approach III Km. 40- Km. 91.5 52.0 Shivpuri, Datia & Jhansi Source: Technical data, Feasibility Report 2003
Table no. 3: Core project road Length in Each District District Length in Km. Shivpuri 116.97 Datia 3.43 Jhansi 12 Source: Census Survey, 2003
1.5 The Core project road traverses through 51 villages in the districts of Shivpuri, Datia in MP and Jhansi in UP. The average width of land to be acquired is restricted to 15 m beyond the existing ROW, except at the junctions, crossing and the proposed bypass. The length of the proposed bypass is 24 Km passing through forest area.
II The existing right-of-way (ROW) of the NH roads is varying from 30m-33m barring Dinara, Kharai & Raksha where it is 15m. The proposed four-lane facility would comprise of two 7m segregated carriage ways separated by medians of varying width and on an average 2X1.5m paved shoulder. The four-lane carriageway is designed for an average of 100km/hour speed.
1.6 The socio-economic survey has been carried out in three phases:
Phase-I (April 2003): Reconnaissance survey, social strip mapping;
Phase-II (May-June, 2003): 100% census survey & 25% SIA for Jhansi to Shivpuri section except the Shivpuri bypass & other realignments.
Phase-III (June-July, 2003): The additional survey was conducted for the remaining sections comprising of realignment & bypass, and updating Shivpuri-Jhansi section for squatters, structure losers and Agricultural land losers.
The survey numbers of all (100%) agricultural land losers along with extent of land loss is already available in the LA Plan. The LA plan for the entire stretch has been prepared on the basis of Khasra and Mouza maps.
1.7 The phase I survey in April 2003 was carried out prior to the fixing the project ROW. The reconnaissance survey & social strip mapping helped to establish the number of potentially affected persons, types of perceived impacts, peoples concerns, and ways of mitigation & socio-economic scenario of the project area.
Project Impacts
1.8 Findings of the baseline Socio-Economic survey give the following profile of the project corridor:
• Average annual income is ranging between Rs. 40,000-Rs.80, 000. • Major sources of livelihood are agriculture followed by trade and commerce. • Nearly half of the APs are literate. • Major Social groups are Hindus with OBCs the most dominant group. • STs, SCs and other Hindu and non-Hindu groups are all in the mainstream and hence no IPDP (Indigenous Peoples Development Program) is required. • Types of commercial activities pursued by affected persons (APs) losing commercial structures are dhabas, tea stalls, tyre and vehicle repair units, paan and cigarette shops, groceries, spare parts, tailors and saloons. • Average family size is 6. • Traditional skills found are bidi making, broom making, tendu leaves collection and weaving of mats etc.
1.9 Secondary sources reveal that the most important STs in the project area are Sahariyas. Socio-economic and occupational/income data clearly suggests that the project-affected ST households/SBEs have similar characteristics to the overall affected population and are largely assimilated into the local mainstream communities. In the project context, the vulnerable group consists of scheduled caste (SC), scheduled tribes (STs), Women-headed households (WHH), and those below the poverty line (BPL). BPL families according to MP Govt. notification have an annual income below Rs 18,000 and according to UP govt. it is upto Rs.20,000. III
1.10 Major community development needs expressed by the villagers are village approach roads, bus stands, toilets, drinking water facilities, health facilities, Irrigation, grade separated pedestrian passes and employment facilities.
LA Impacts
1.11 The land to be acquired for the widening of existing NH-25 & NH-76 is 332.12 ha. which includes 85.53 ha. of forestland and 34.47 ha. of Govt. land. The type and the quantum of land to be acquired are as follows. As a result of widening, a total of 2302 families of titleholders and 546 families of non-titleholders will be affected, the details of which are summarized below in table 4 and table 5.
Table no.4: Overall Type & Quantum of Losses Land Acquisition Area in Ha. Agricultural Land 206.82 Non-Agricultural Land 5.3 Govt. Land 34.475 Forest Land 85.53 Sub Total 332.12 Source: Census Survey, 2003
The category-wise affect on the families is summarized below:
Table no.5: Project Affected Families Project Affected Families Nos. Agricultural Land Loser families 1443 Number of person losing agricultural land 8658 Title Holders Structure Owners 859 Residential 283 Commercial 287 Residential- cum-Commercial 289 No. of titleholder families affected (land and 2302 structures) No. of titleholder persons affected (land and 13812 structures) Squatters 304 Encroachers 70 Kiosks 30 Tenants 142 No. of non-titleholder families affected 546 No. of non-titleholder persons affected 3276 Total Affected Families 2848 Total Affected Population 17088 Source: Census Survey, 2003
Resettlement Principles
1.12 The Resettlement policy of ADB, NHAI and Madhya Pradesh State has been consulted and compared to prepare the RP for core subproject-Package C. The RP for core subproject is based on R&R framework adopted by NHAI for the projects IV funded by ADB, complying with the ADB guidelines. The Entitlement policy recognizes all types of affected persons such as squatters, encroachers, vulnerable, titleholders, kiosks, etc. Squatters who are present prior to cut off date are considered for R&R Assistance. They will be paid replacement cost of structures, shifting & transition allowances. Training would be given to EPs loosing commercial activities. The titleholder structure losers will be paid replacement cost of structure including homestead land & cost of trees, shifting & transition allowances. The land losers will be paid replacement costs of land lost & transitional allowance as per the entitlement matrix. The tenants will receive shifting allowance, rental allowance, deposits & compensation for erected structures if any. All incidental costs will be borne by the project. The project will rebuild the community utilities & infrastructures if any, which is to be dismantled. The policy also asserts an integrated income restoration strategy for PAFs losing their source of income and income opportunity. The vulnerable EPs will get one time Economic Rehabilitation Grant to establish their businesses, livelihood etc.
Consultation and Disclosures
1.13 Around 15 public consultations were held with various sections of the project- affected population such as traders, women, village elders, panchayat members and other inhabitants’ etc. People in general agreed on the need for widening the highway and strengthening the same. The process of information was highly appreciated by the local inhabitants. During public consultation issues related to safety, compensation, income restoration, employment generation, HIV/AIDS, trafficking of women, information flow, grievance redressal, role of administration etc were discussed. Issues were also raised about the transparency in the project implementation process. The RP for core subproject addresses all issues raised during public consultation and recommends institutional strengthening measure as well. RP for core subproject has been disclosed and not many queries have come up so far.
Institutional Mechanism & Grievance Redressal
1.14 The RP for core subproject strongly recommends all efforts shall be made to settle grievances of the PAPs as amicably as possible. Out of court settlement shall be preferred since that expedites dispute settlement on one hand & help timely project implementation on the other. Grievance Redressal Committees will be set up at district level to resolve the concerns of the PAPs. Through investigations shall be done so that PAPs are satisfied.
1.15 The NHAI will establish an R&R Cell under the Project Implementation Unit (PIU). The Project Director will head the R&R Cell (PIU), who will be supported by two Resettlement and Rehabilitation officers (Technical Manager), one for Shivpuri and Datia and other for Jhansi district. The NHAI will engage experienced NGOs for implementation of RP activities & to coordinate with other departments, which are stakeholders in the project. The NGOs will also be involved to organize & conduct training programs, awareness campaigns, verification of PAFs & their assets, help in settling the disputes etc. The PIU-R&R Cell will be assisted by committees at district levels in resolving issues of disputes & in implementing the Resettlement Plan (RP for core subproject).
Income Restoration Strategies
V 1.16 While preparing the RP for core subproject, lessons from other studies on income restoration has been drawn. Attempts have been made in this RP to improve upon the past experiences on income restoration measures. NGOs have been identified for smooth RP implementation, providing livelihood solutions, training and up gradation of skills. NGOs will be responsible for ensuring improved quality of life of APs, along with NHAI
Based on the consultation and existing Govt. schemes an employment-generating scheme have been worked out for the PAPs. The suggested schemes are attached as annexure in Vol.II of the RP for core subproject. The Training program has been suggested based on rapid market surveys (conducted by the R&R Consultants) and interests shown by the APs; its aim will be up gradation of skills linked to employment opportunities & income generation/restoration. The duration of training will depend upon the training program chosen by the EPs.
Implementation Schedule
1.17 The RP for core subproject implementation period has been taken as 36 months. Planning, surveying, assessing, policy development, institution identification, APs participation, income restoration & implementation and typical RP related activities, which have been considered. However, sequence may change as delays witnessed due to circumstances beyond the control of the project.
RP Implementation Budget for Core Subproject
1.18 The budget of Rs. 379.65 million covers all components of compensation, assistance, entitlements & contingencies. Broad break up of R&R budget is as below: -
Table 8.8: Summary Budget for Resettlement and Rehabilitation Activities Sl.No. Item Amount (million.) 1 Compensation cost 194.15 2 Assistance 125.77 3 Community infrastructure 18.85
4 RP implementation cost 24.02
5 Contingency 16.86 6 Total 379.65
Monitoring & Evaluation
1.19 Monitoring will be continuous through out the implementation of the RP. An external M&E agency will be hired by NHAI to monitor the implementation of RP. The PIU will submit periodic monthly progress reports to the NHAI HQ, which will then submit them to the ADB. The monitoring will be carried on for a period of three years from the date of the implementation of the RP. The project will be evaluated from time to time from both internal and external mechanism. Monitoring and evaluation indicators are given in Volume-II of the Report.
VI
1
THE PROJECT BACKGROUND AND SCOPE OF LAND ACQUISITION
1.1 Introduction
The National Highway Corridor (Sector) Project includes a priority section of East- West Corridor located in the states of Rajasthan, Madhya Pradesh and Uttar Pradesh. The project is being funded by ADB under its Loan Assistance Program. The total project length is 663 km, which has been divided into five subprojects (“Core” and “non-core”) under the sector approach (Table no.1.1):
Table no. 1.1: Details of Sub Projects Sub Projects Core & Non Specific Length State Consultants Core Project location Road Section A Chittorgarh-Kota NH 76(222-397) 164km RJ ICT B Kota-RJ/MP NH76 (397-579) 173km RJ SPAN Border C RJ/MP Border- NH76 (579-610), 132km MP & UP Trans Asia Jhansi Shivpuri (Excluding Bypass NH25 Jhansi Bypass) (12-92) D Jhansi-Orai Plus NH76 (104- 124km UP TBD 209) E Orai-Bhognipur- NH76 (209-255), 70km UP TBD and Barah NH2 (423-450) Craphts Source: ADB Aide Memoire for NHAI, 2003 N.B. Jhansi Bypass will be included in part D
Among all subproject road sections, package C was selected as a core subproject since it represents a typical set of project development issues, including technical, environmental and social issues. The core project (Package C) covers a stretch of 132.4 Kms includes Shivpuri bypass, from Rajasthan/Madhya Pradesh border to Jhansi through Kms 579 to Kms 610 of NH-76 and Kms 00.00 to Kms 102.00 of NH- 25. While most of the NH-25 has two lanes, NH-76 has single lane facility.
1.2 Core Project Road Description
The Core project under study covers a length of 30.4 km. from Rajasthan-MP Border on NH-76 and a length of 102 kms. from Madhya Pradesh to Uttar Pradesh on NH- 25. The entire stretch of 132.4 km of the Core Project Road is sub-divided into the following three sections as shown in table no. 1.2.
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Table no. 1.2: Core Project Road Section-wise Roads Length Core Project Road Section
NH-76, Km 579 – Km 610 MP Border with Shivpuri Bypass (24 54.4 Km Section 1 km) Km 15 – Km 40.0 included Sind River Bridge new approach 26.0 Km Section 2
Km 40.0 – Km 91.5 included River Mahuar Bridge new 52.0 Km Section 3 approach 132.4 Km Total Source: Phase-I Survey, 2003
A major part of the project is in the jurisdiction of Shivpuri and Karera block within Shivpuri Dist. of MP. While a few settlements along NH-25 are in Datia district of M.P and rest are in Jhansi district of UP bordering Jhansi Development Authority Area. The following table illustrates the length of the Core Project Road passing through each District.
Table no. 1.3: Core Project Road Length in Each District District Length in Km. Shivpuri 116.97 Datia 3.43 Jhansi 12 Total 132.4 Source: Phase-I Survey, 2003
The Core Project Road traverses through 51 villages, which are getting partially affected. Two villages Amola & Mitloni out of these 51 villages would be submerged due to Madhikhera dam being constructed by the Irrigation Department, Govt. of MP on River Sind. The district wise numbers of Tehsil, Blocks & Villages are given in the following table no. 1.4.
Table no. 1.4: District wise no. of villages Name of the Number of Tehsils No. of Blocks No. of Villages District Shivpuri 3 2 44 Datia 1 1 2 Jhansi 1 1 5 Total 5 4 51 Source: Land Acquisition Plan, 2003.
NH-76 and NH-25 will be improved to a four-lane facility comprising 7.25m- segregated carriageway and an average 2 to 1.5 m paved shoulder. The four-lane carriageway is designed for an average of 100-km/hr Speed. The facilities proposed are shown in the following table no. 1.5.
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Table no. 1.5: Details of Proposed Facilities Facilities Number Location Length Remarks Bypass 1 Shivpuri 24km To avoid Madav National Park and Starts at Km 14.00 of congested Shivpuri NH-25 and joins Km Town 610 of NH-76
Flyover 1 NH-3, Padora in 60 m Through corridor Shivpuri dist. traffic and junction improvement for traffic channelisation ROB 1 Km. 605.5 at Guna- Free flow of road Gwalior Rly. Line traffic Junction 3 NH-76 and NH-3 Junction improvement junction (Km. 610 on improvement for NH-76) traffic channelisation
Shivpuri Bypass and NH-25 Junction at Km. 14
NH-25 and Jhansi Bypass at Km. 92 Major Realignment 2 Across Sindh River at To Facilitate free flow (Approach Road) Km. 29.2-Km. 33.4 of Highway Traffic.
Across Mahuar River at KM 50.0 – Km. 55.0 Underpasses 6 1 At Karai 6 m To facilitate local villagers as well 2 At Dinara 6 m cattle’s to cross the National Highway 3 At Rakhsa 6 m (Safety measure)
Truck Terminal 1 At Raksa (85.5 Km.) Facilities to truckers to park their vehicles without interrupting free flow of highway traffic Service Roads 3 At Karai 500m To facilitate local traffic movement At Dinara 800m
At Raksha 1000m Bus Bays 20 At 20 different For villagers to catch location buses and other modes of transport Toll Plaza 2 At km 608.5 (NH-76) To collect toll from road users At Km. 84.5 (NH-25)
Source: Technical Data, Feasibility Report 2003.
1.3 Available ROW and Project Impact
The available Right of Way (ROW) along the entire stretch of the Core Project Road is detailed in the table no. 1.6. 30 m ROW is available over majority of the project stretch (112.4 KM). For a length of about 11.0 KM on NH-76 and 8.0 KM on NH-25, 50 m ROW is available. The ROW is generally clear of encroachments except in village/town limits where temporary / katchha constructions exist within the ROW, but 3
10m away from the road centerline. Only in Dinara, Kharai and Raksa village about a length of 9 KM, the encroachments have come much closer to the road edge.
Table no. 1.6: Available ROW Chainage Right of Way (m) NH-76, KM 579 – KM 589 30 NH-76, KM 589- KM 592 15 NH-76, KM 592 – KM 595 50 NH-76, KM 595 – KM 610 30 NH-25, KM 0 – KM 34 30 NH-25, KM 34 – KM 38 50 NH-25, KM 38 – KM 39 30 NH-25, KM 39 – KM 43 50 NH-25, KM 43 – KM 70 30 NH-25, KM 70- KM 73.315 15 NH-25, KM 73.315-KM 84 33 NH-25, KM 84-KM 87.6 15 NH-25, KM 87.6-KM-KM 102 30 Source: Technical Data, Feasibility Survey, 2003
The project is expected to improve the road transport corridors; road network connectivity; management of road sector institutions; accessibility to workplaces, market places; better access to education and medical facilities; rural prosperity, along the project corridor. The project would also benefit economically by savings in vehicle operating costs, time savings for passengers and goods in transit, savings in road maintenance costs.
This document comprises of the Resettlement Plan (RP) for Core subproject i.e. package C. The RP complies with all applicable Government of India (GOI) and ADB resettlement-related requirements, regulations, policies, and procedures including those on public participation, social assessment and indigenous people.
National Highways Authority of India will implement the RP with assistance from other government agencies, non-governmental, community-based organisations, and consultants.
1.3.1 Social Impact Assessment
The social impact assessment and resettlement planning component has following elements:
• Census and baseline socio-economic survey of the potentially affected Families; • Consultations at village, district and state level; • Preparation of a time-bound Resettlement Plan (RP).
A full census has been undertaken to register and document the status of the potentially affected population within the project impact area, their assets, and sources of livelihood. Baseline data was collected within a strip of 45 m to get information about the proposed corridor of impact. Start of 100% census survey provides the basis for establishing a cut-off date for non-title holders in order to determine who may be entitled to relocation assistance or other benefits from the project. The LA Plan has been prepared based on the actual survey numbers, Khasra and Mouza Maps for the entire project stretch. 4
Socio-Economic survey for in depth analysis was carried out on 25 percent of the total affected households. 25% agricultural households identified have been used to estimate the number of affected households due to land acquisition. This survey provides a baseline against which mitigation measures and support will be evaluated & measured. SES includes comprehensive examination of people’s assets, incomes, important cultural or religious networks or sites, and other sources of support such as common property resources. Analyses of survey results cover the needs and resources of different groups and individuals, including intra-household and gender analysis.
1.4 Land Acquisition and Project Impact
The impacts of the present project include loss of land (agriculture, residential and commercial); structure (residential, commercial and community, income and livelihood (owners, tenants, encroachers and squatters), community and cultural sites. The details of such losses are discussed in chapter-2.
Census of all the structures lying within 45 mt. width, i.e. 22.5 mt on either side from the center line along the Core Project Road has been undertaken to ascertain the project impact on the population for displacement, resettlement and rehabilitation. Bypass has been proposed to avoid the impact on involuntary resettlement along the most congested settlement i.e.; Shivpuri and also to avoid passing through Madhav National Park. The existing ROW for the NHAI in this corridor is varying between 30 to 33 m along most stretches except in Dinara, Raksa and Kharai, where structures have come within ROW leaving hardly 8 to 10m from central line. 15 m width of land will be acquired for most of the stretch. A considerable amount of land will be acquired for a bypass on NH-76 and for improvement of junctions to avoid congestion in urban stretches and reduce accidents at the major intersections respectively. The UP road tax Booth for Commercial vehicle is at Raksa where all trucks and commercial vehicles stops and parks their vehicle for paying taxes and other formalities. The highway is congested due to these parked vehicles on both sides of the road. During Public Consultation with the Shopkeepers and local residents, the need for constructing a truck terminal and lay- bye near Raksha came up to avoid road congestion and accidents. The requirement of land for all facilities is shown in table no. 1.7.
Table no. 1.7: Land Requirement for various facilities (Ha.) Section Junction/Imp Widening of Realignmen Rest Area Developme Toll Total rovements Existing ts/ nt of Plaza Alignment Bypass Resettleme nt Sites
Section-I, 6.0 37.73 140.08 6.0 3 1.5 195.03 NH-76 Section-II, - 32.44 13.73 - - - 46.17 NH-25 Section-III, 3.0 52.64 22.78 6.0 5 1.5 90.92 NH-25 Total 9 122.81 177.31 12.0 8 3.0 332.12 Source: Technical Data, Feasibility Report 2003
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The Total requirement of land section-wise for the project is given in Table no.1.8.
Table 1.8: Section-wise Total Requirement of Land Road Sections Road Area in sqm Area in Ha
Section 1 NH 76: km579 to 610 & 1950300 195.03 Shivpuri Bypass Section 2 NH 25: km 14-40 including 460217 46.17 Sind Bridge Section 3 NH 25: km 40-92, 909200 90.92 including Mahuar Realignment TOTAL 3321200 332.12 ha Source: Technical Data, Feasibility Report & LA Plan, 2003
1.5 Measures to Minimize Impacts
Efforts have been undertaken by adopting appropriate engineering design while finalizing the road alignment to minimize the resettlement impact on the existing structures and additional land acquisition. To minimize displacement and to reduce disruption of livelihoods, concentric widening in urban section, bypasses to avoid settlement and raised carriageway have been proposed. Public consultations and field visits helped in getting better planning and designing inputs towards minimizing negative social impacts. Measures taken to minimize social impacts of the projects has been shown in the table no. 1.9.
Table no. 1.9: Measures to Minimize Resettlement and Impacts Location Affected Mitigation Expected Remarks Families before measures affected the mitigation families after measures solution Kharai 200 Detour 15 There was strong resentment amongst inhabitants of Kharai village, who during the updating of the data and SIA created hue & cry. An immediate public consultation meeting was held with the local people, whereby a detour is proposed as mitigation measure. Shivpuri Town 10,000 Bypass Only Since the number of affected families Proposed agricultural and the project impact due to all built up land town area were enormous, therefore a bypass was proposed. Presently in the proposed bypass no structure will be affected, only few agricultural lands will be affected. Madhav It passes Bypass None The stretch is passing through the forest National Park through the Proposed area, therefore to avoid the Reserve and forest area. Protected forest area, a bypass is being Endangered proposed. species of wild animals were getting affected. Karera Town ITBP Site Re-alignment None The stretch was passing through the and Mahuar Proposed ITBP site, Karera Town and Old Mahuar River Approach River Bridge therefore re-alignment is proposed Source: Phase-I Survey & Technical Data, 2003
1.6 Benefits to the Project Region Populace 6
The following additional actions have been taken for improved project design to benefit the road users as well as the local populace.
(i) Separate service lanes for slow moving local traffic; (ii) Addition of truck parking for improved road safety and reduced road congestion; (iii) Provision for adequate road signs on the Core Project Roads, including cross walks, underpasses; (iv) Provision for improved infrastructure for roadside rural markets (v) Public amenities such as rest rooms, telephone booths, and facilities for public conveniences (cooperation of the Private sector would be sought).
The proposed project would also facilitate in faster and smooth vehicular movement without traffic congestion, ensure road safety and will increase the connectivity of interior resource hinterland with the major market centers. With the better connectivity and increased mobility, access to quality consumer products would be ensured. As per the people’s perception the improved highway will contribute directly to more vibrant market economy and hence increase the potential of roadside markets provided the major markets are properly relocated beyond corridor of impact.
Besides, there will be adequate road signs on the road including cross walks in the busy settlements. The project will also provide improved infrastructure for roadside rural market, including raised platforms, drains, solid waste management system and water stand posts. Public amenities such as telephone booths, medicine shops with emergency kits/first aid kits, rest rooms etc. would also be provided in major clusters or select locations. Project will also provide basic civic amenities for the highway truckers/road users such as bathroom/toilet, rest rooms etc.
In an area of acute under employment and poverty some employment will be generated during the road construction period for the unskilled construction laborers who migrate from interior villages. This way they can be assured of employment for a substantial period of a year as well as for getting an opportunity to enhance their skill.
1.7 Objectives of the Resettlement Plan
The Resettlement Plan has been prepared keeping the following broad objectives:
The negative impact on persons affected by the project would be avoided or minimized. Affected people and the beneficiary population will be informed and consulted about the project and its design. Where the negative impacts are unavoidable, the project-affected persons will be assisted in improving or regaining their standard of living. Vulnerable groups will be identified and assisted in improving their standard of living. People’s participation will be undertaken in planning and implementation of the project. All information related to resettlement plan and implementation will be disclosed to APs.
Resettlement plan (RP) is based on socio-economic assessments of the potentially affected businesses, households and agricultural land due to widening & 7 strengthening of NH25 & NH76. In view of the human dimension involved the possible social impacts have been integrated into the improved alternative engineering designs to minimize resettlement and displacement. These benefits have been achieved by adopting engineering solutions like underpasses, bypasses, raised pavement, service roads, ROB’s and reduced median at congested segments. A key prerequisite of the RP is a policy framework for resettlement containing categories of impacts and their corresponding entitlements. The RP provides detailed guidance on how to implement provisions in the policy framework, including institutional arrangements and budgets based on enumeration of project-affected people with entitlements under the framework. The RP identifies (i) type and extent of loss of assets, including land and houses; (ii) type and extent of loss of livelihood or income opportunities; (iii) collective losses, such as common property resources and social infrastructure; (iv) framework for mitigation of losses; (v) entitlements and provisions for relocation assistance and restoration of businesses/income; (vi) payments of compensation; cost estimates of the affected assets; relocation sites. Besides the above points additional features of RP would be the Income restoration of the affected families, institutional framework for implementation and monitoring of resettlement activities and procedures for monitoring of the RP.
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2
SOCIO-ECONOMIC PROFILE
2.1 The Project Region
The project region is located in the Bundelkhand region of the Central India. Politically the region is divided between the states of Uttar Pradesh and Madhya Pradesh.
Three types of soils are found in the district namely Mar, a dark soil, alluvium soil, locally known as Parwa & Kabar. Mar soil is fertile and excellent for wheat production. Kabar becomes sticky during rains and is unsuitable for agriculture. Much of the forest area is covered under this land, although it produces poor timber, which fulfills the fuel wood need of the villagers in the neighborhood, as well as some quality bamboo for export.
The rainfall pattern shows significant variation in the project area. The area is drought and suffers from extremes of temperature variation. Poor rainfall, high runoff due to rocky terrain with low infiltration rate and limited retaining capacity of the rocky aquifer results in water scarcity. Environment endowments are thus, not conducive to support a large population base. Yet there has been significant growth of population and activities recently.
The minerals found in the project area are Steatite, Pyrophylite and Feldspar. Apart from Vindhyan sandstone, there also exist granites and quartzite.
2.1.1 General Description about the Project Area
As indicated earlier, the project roads passes through two administrative districts of MP and one of UP. A wide range of services from various local communities, which typically include roadside stall/kiosks, hotel/restaurants, small retail businesses, mechanics/vehicle repairs shops, petrol stations, and bus/truck stops or dhabas is seen along the corridor. The economic activities performed by these distinct communities provide amenities for the benefit of traveling public and thus play critical role both in community life and local economies. The proposed improvements of the corridor will directly affect the roadside communities, particularly small shop owners and squatters, who largely derive their livelihoods from such activities.
In addition, the road has also attracted, as they always do, the development of roadside periodic hat or markets as nodal points for trade and commercial activities, particularly agricultural products by local farmers. Typically, these activities along the road sections are being carried out by unauthorized occupants and are found in built-up areas, bus stops, local markets, and busy intersections, where traffic congestion are already high. As a result, the traffic flows conflict with road safety and pedestrians, including users of non-motorized transport.
9 2.2. Socio Economic & Census Surveys
The survey was conducted in three phases.
Phase-I (April 2003): Reconnaissance survey, social strip mapping;
Phase-II (May-June, 2003): 100% census survey & 25% SIA for Jhansi to Shivpuri section except the Shivpuri bypass & other realignments.
Phase-III (June-July, 2003): The additional survey was conducted for the remaining sections comprising of realignment & bypass, and updating Shivpuri-Jhansi section for squatters, structure losers and 25% details of the total Agricultural land losers.
However, the survey numbers of all (100%) agricultural land losers along with extent of land loss is already available in the LA Plan.
Phase-I Survey: The survey was done basically to establish the corridor of impact, number of affected persons, type of perceived impacts, people’s concern, ways of mitigation, socio- economic scenario of the area and the basic situation analysis. It also helped in establishing the types of affected persons and types of loss.
• Secondary data was collected from various sources viz.; State Government information department, Public Works Department (PWD), Deputy Commissioner’s (DC) office and the local Non-Governmental Organizations (NGO), ADB’s and NHAI publications. • Reconnaissance survey was conducted in April 2003 on 45m wide strip on either side of the NH-76&25 centerline in the absence of defined ROW; titled structure owners and squatters falling within the 45m wide corridor were captured in the survey. Structures partly or wholly within the corridor were surveyed. Social strip mapping involved capturing all structures and constructions partly or wholly within the ROW. This helped in discussing alignments with people and design team. • Sample socio-economic survey was conducted in the area traversed by the project to understand the conditions of the people. This helped in establishing the monitoring parameters, which would be used to study the project impact on the socio-economic conditions of the people.
Phase-II Survey:
The 100% Census Survey of structures, squatters, and kiosks other than Shivpuri bypass & other realignments falling in the proposed ROW was carried out in the month of May-June 2003 by a team of 25 trained enumerators.
The objectives of the census survey are: (1) To collect information regarding likely project impacts in order to facilitate design of various components of the RP. (2) To set up cut off date to check influx of new people and (3) To disaggregate affected properties by type & identification of possible categories of entitlements.
10
The objectives of Socio-Economic Survey for 25% of the affected households are:
(1) To attach actual values to key indicators of the PAPs Social & economic Status & their vulnerability to socio-economic change due to the project. (2) To assess use of CPRs (3) To provide benchmark to monitor & evaluate (4) Additional inputs to RP
The cut off date for eligibility for entitlements for non-titleholders is the date of the commencement of census namely 7th May 2003. The surveys for new alignments, realignments etc. were carried out later in late June 2003.
The Additional Phase-III survey in June-July, 2003 for the Shivpuri-Jhansi, Shivpuri Bypass along with the other sections yielded additional data for land losers, structure losers and livelihood loss including squatters etc. The following methodology was adopted while conducting the structure and agriculture survey.
Structure Survey: Methodology
National Highways widening affects different types of roadside structures. The owners of these structures would need to be compensated for their lost structures. For this purpose, a structure survey was undertaken through an authorized evaluator to estimate the replacement cost of the lost residential, commercial and other structures. An inventory of the roadside structures was prepared considering the following details:
• Construction material used for roof, walls and floor • Different storey’s of structures • Land area of each structure
Agricultural Land Survey:
Like structure survey, an authorized property evaluator determined the market cost of likely to be acquired agricultural land of the affected families. This information shall become an important input in land acquisition plan. Detailed information on the following aspects were collected: • Survey number of each plot, • Division number of each plot, • Landowners and sharecroppers were identified, • Information on their family size, income levels was ascertained, • Land holding size and area lost to the project was ascertained for each landowner or sharecropper, • Type of land (irrigated or Unirrigated) was identified, • Information on land values was collected through two sources: (a) market value of land as quoted by sellers, buyers and agents (b) Government rate of land from Land Registration Office, • Compensation preference and • Details of 25% of individual land Owner were also ascertained.
11 Source of Data: Data and information were collected from: • Household level with 100% of project affected families losing structures and ownership details of land losers; • Contacts with private contractors and business persons to collect cost data; • Focus group meetings with Panchayat members; • Focus group meetings with villagers; • Certified assessors for assessment of structures and cost estimates.
Other relevant information and documents were gathered from the Revenue officials, the Statistical Department of MP, Census records and the NGO in the project Districts.
2.3 Database
The baseline and census survey collected a wide range of data including demography, ethnicity, religion, social stratification, loss of assets, present usage of structures, education, occupation, income, expenditure patterns, tenure/ownership, access to public amenities, preference for compensation etc. The database provides a detailed picture of the social and economic conditions and the likely impact that the people may have to sustain due to the project.
2.4 Socio-economic Profile of the Project Districts
The land use is predominantly agriculture. In general, commerce & Industry are run by family members. Very few are working as wage earners. The survey identified that the livelihood of the agricultural labours will not be affected as they work seasonally and can be engaged in residual plots & that they also work elsewhere as well.
In the bypass area the proposed alignment passes through the government land primarily grazing, few agricultural stretches and forest. Quantum of private agricultural land to be acquired will be less significant especially in the bypass and new alignment sections. The strip acquisition will not reduce the availability of grazing land in any way. However, near the settlements or villages there is a need for couple of under passes so that the grazing land is not fragmented and to provide safe passage for the herd/livestock. There will not be any further land acquisition due to underpasses.
The survey conducted in July 2003 for landowners identified some tenants under informal arrangements with landowners (as declared by the owners). However, these owners declined to divulge names of their tenants, hence the details of the tenants cannot be elicited. It is felt that the impact on the tenants will be minimal since most of the plots rented is large and only a tiny portion is proposed to be acquired. However, it is suggested that NGO responsible for implementing RP shall conduct social mapping and resource mapping exercise to identify tenants.
2.4 Markets
The major markets in the project area are Raksha in Jhansi district, Karera, Dinara and Kharai in Shivpuri district. The Products traded and sold in these markets range from
12 vegetables, cereals, animals, cloths and other necessity of life. There is weekly haat bazaar1 as well which spills over the highway.
2.6 Demography
The abstract of census Data of 2001 on demography is being used for the purpose of analysis. The decadal growth data has been taken from 1991 census survey, as this information is not available in census data of 2001. A brief description of the population composition and related demographic characteristics of the three districts in the project area, namely Jhansi, Datia and Shivpuri based on 2001 census are shown in Table 2.1.
Table no. 2.1: Demographic Characteristics State/ Population 2001 Decadal growth Sex Ratio Density Distt. Persons Male Female 1981 1991 1991 2001 1991 2001 Jhansi 1746715 934118 812597 24.66 23.23 864 870 282 384 Datia 627818 337842 289976 26.01 21.82 847 858 192 233 Shivpuri 1440666 775473 665193 30.84 27.16 849 858 110 140 Source: Census of India, 2001 & 1991.
It appears that Jhansi district has recorded a phenomenal growth of population as indicated by the higher density figure of 2001, although decadal growth in population has decreased slightly. Density of Shivpuri, on the other hand, is low and has only increased marginally in 2001. Sex ratio, that determines proportion of female population as compared to male population, is low in all the three districts indicating an unfavorable situation for the women. The significantly low sex ratio in the project area may have some attributes from the prevalent socio-cultural background in a backward region such as gender selective abortion, female infanticide, women trafficking and malnutrition among the women – all of which may have contributed to a very low sex ratio.
2.7 Economy
The project road passes through two districts of Madhya Pradesh viz. Shivpuri & Datia and Jhansi in Uttar Pradesh. Shivpuri is mainly an agricultural district and cultivation is the main occupation of the people. The average landholding size is 2.5 ha which is barely above the land holding of a small farmer. The dependence on cultivation can be viewed from the fact that 83.38 percent of the total workers of district are engaged in agriculture either as cultivators (70.40%) or as agriculture laborers (12.98%). Rice, Jowar, Bajra, Maize, Wheat and Barley are the main cereal crops. Gram & Tur (Arhar) are the main pulses grown in the district (Table 5). Sugarcane, condiments and spices, sesame (til) and linseed are other crops grown. About 40% of the total cultivated land is irrigated. Table no.2.2: Productivity of the Major Crops in the Project Region Sl. No. Main crops Productivity (Kg./ ha) 1 Wheat 1483 2 Rice 923 3 Gram 1126 4 Ground nut 1222 5 Jower 650 Source: State Economic & Statistical Bureau, Govt. of MP
1 Haat/Bazaar: Local weekly/daily market where vegetables and other consumables are sold.
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Though agriculture is the main occupation, the drought situation prevailed in the last few consecutive years, which has severe impact on the livelihood of the people particularly on those who have no other alternative livelihood. Drought has hit most the people with less or no landholding than with average landholding.
Only about 12 Km. area of the Jhansi district falls under the project strip. Barring a few settlements like Raksha, which is an important trade and transport nodal point, the rest of the area is primarily a scrubland with pockets of cultivated zones. The area under cultivation is mostly un-irrigated but canal irrigation can substantially increase the productivity. The main crops are wheat, Jower and Bajra. Transporting tractor loads of paddy husk for animal fodder is a common trade through out the project area.
The Jhansi urban area attracts quite a good number of industrial workers from the settlements around the project area for employment in the engineering workshops and chemical and pharmaceutical factories. Another major source of employment is the transport sector. About 500 tractors, auto rickshaws, and jeeps ply (carrying passengers) between main nodal points like Jhansi, Dinara, Karera and Shivpuri.
The project district is endowed with mineral products such as china clay, limestone, canker, murrum, sand and stones mostly found in Madhya Pradesh. Important industrial goods produced include jute, cement, newsprint, vanaspati ghee, lac, yarn iron and steel.
In the project region some families are still engaged in collection and sale of minor forest produces. The trend shows that they are now migrating towards various urban centers where they are opting for livelihood primarily as construction laborers. In the relatively congested areas along the project road, the settlement dwellers are mostly dependent on small business enterprises of varied types.
2.8 District wise Profile of Project Corridor
The socio-economic study narrated below is the output of two level of survey. First is a Census Survey and second is the Socio-economic survey administered at the individual household level. The data analyzed here would serve as the baseline for monitoring.
The three project affected districts are Shivpuri, Datia & Jhansi.
2.8.1 Project Affected Persons (APs)
The following section elaborates the type of losses that the people either residing or working on the National Highway would incur in view of the loss of land (agricultural, commercial and residential), loss of structures (agricultural, commercial and residential), loss of assets (agricultural, commercial and residential), loss of income (squatters, Small business enterprise and moving businesses such as kiosks) and community resources. A total of 17,088 persons will be affected by the project. The census survey has been conducted for all the households which identifies 2848 families affected. Based on the socio-economic survey, the average family size works out to six, therefore, a total of 17,088 persons will be affected by the project
14 Table no. 2.3: Project Affected Persons District No. of Affected Families APs Shivpuri 2114 12684 Datia 78 468 Jhansi 656 3936 Total 2848 17088 Source: Census Survey, 2003
2.8.2 Family Size
Types of family i.e. nuclear, joint or extended have an impact on the resettlement of the PAFs. The average size of each family in the project area is 6 members. The total affected family in the project area is 2848. For impact assessment, entitlement and other analysis family is taken as a unit.
2.9 Social Profile
2.9.1 Literacy Rate District Wise
The total literacy rate in Datia district is more than Shivpuri and Jhansi according to census data of 2001. The district wise literacy rate is given in the table no. 2.4
Table no. 2.4: Literacy Rate District wise District Total Persons Male Female Shivpuri 59.55 74.78 41.54 Datia 73.51 82.94 62.48 Jhansi 57.82 73.44 33.55 Source: District Census Handbook, 2001
2.9.2 Educational Levels of the Head of Affected Families
Around 797 head of affected families are illiterate which is 28% of the total affected head of families, whereas 3% of the affected head of families have studied upto graduation and post graduation level. Around 26% of the head of affected families have studied upto primary level. Since the education level of the head of affected families are not high therefore various training program for income restoration will become important part of the rehabilitation measures.
Table No. 2.5: Educational Levels of the Head of Affected Families Total District Affected Education Levels of HoAF Families Higher Post High Graduat Illiterate Primary Middle Seconda Graduat Total School e ry e Shivpuri 2114 592 549 423 317 169 42 22 2114 Datia 78 22 20 16 11 6 2 1 78 Jhansi 656 183 170 131 98 52 13 9 656 Total 2848 797 739 570 426 227 57 32 2848 Source: Census Survey, 2003
2.9.2.1 Educational Levels of the APs
A total of 4614 persons are illiterate which is 27% of the total affected persons. 29% of the APs have studied upto the primary level. These two categories put together constitute over half of the total affected persons (refer table 2.6).
15 Table No. 2.6: Educational Levels of the APs Total Education Levels of APs District Populatio n. Higher Post High Graduat Illiterate Primary Middle Seconda Graduat Total School e ry e Shivpuri 12684 3424 3678 2537 1902 635 381 127 12684 Datia 468 126 136 93 70 23 14 6 468 Jhansi 3936 1064 1141 787 590 197 118 39 3936 Total 17088 4614 4955 3417 2562 855 513 172 17088 Source: Census Survey, 2003
2.9.3 Social Vulnerability of PAF
The social vulnerable groups are those who are below the poverty line (BPL), those who belong to Scheduled Caste (SC), Scheduled Tribes (ST) and Women Headed households (WHH). Special considerations have been made to ensure that they do not become more vulnerable because of the project. Rather, measures have been adopted in the RP so that they have a living, which is better than their pre-project days.
Among the three districts Shivpuri hosts 76% of BPL families and 54% of the SC population in the surveyed corridor. The ST population is only found in Shivpuri district. The project area has only 5 Women Headed Household (WHH) out of which 3 are found in Shivpuri and 2 in Jhansi.
According to the MP Govt. notification BPL families are those, whose average annual income is less than Rs.18,000. According to U.P Govt. notification families under BPL category are whose annual average income is less than Rs. 20,000.
Table No. 2.7: Social Vulnerability of PAF’s Districts Vulnerability Components BPL SC ST WHH PH Total Shivpuri 324 74 13 3 33 447 Datia 12 1 0 0 4 17 Jhansi 91 63 0 2 24 180 Total 427 138 13 5 61 644 Source: Census Survey, 2003 X BPL: Below poverty line; SC: Scheduled caste; ST: Scheduled Tribe; WHH: Woman Headed Household; PH: Physically handicapped
It is evident from the above table that Shivpuri district will experience the biggest impact where 2114 families are affected. As the individual land holding in Shivpuri district is quite high, i.e., approximately 2.5 ha, so as a result of land loss the remaining land will remain viable. However, all the agricultural land losers will be provided training on agricultural practices to maximize the returns from the residual land.
2.9.3.1 ST Population
The purpose of this section is to illustrate the typical profile and traits of the scheduled tribe population inhabiting the corridor to demonstrate whether the affected ST population meets the ADB definition of “Indigenous People” and whether an IPDP is required for the project.
16 The ADB Operations Manual specifies that if Indigenous People are likely to be significantly or adversely affected by the project an Indigenous Peoples Development Plan (IPDP) will be required.
ADB defines “indigenous peoples” by two significant characteristics:
Descent from population groups present in a given area before modern states or territories were created, and Maintenance of social or cultural identities distinct from the dominant or mainstream society.
It should be noted that the Indian definition of ST according to the constitution is based upon descent from specific tribal groups. If a person classified as ST by the Indian Constitution has been assimilated into mainstream society the second ADB defining characteristic of “Indigenous Peoples” is not met, and such a person is not strictly “Indigenous” for the purposes of the ADB assessment.
2.9.3.2 Tribal Population in the Project Area The 1991 census reveals that the state of Madhya Pradesh is home to 9.68 million members of Scheduled Tribes. The districts, through which the project road passes, namely Shivpuri and Datia together constitute about 1.4% of the Scheduled Tribe (ST) population of the State of Madhya Pradesh. The census also indicates that the districts of Shivpuri and Datia each have approximately 11% and 1.5% respectively of the population classified as Scheduled Tribe out of the total population as per 1991 census (Table 2.8). The most important Scheduled Tribes of the project region are Saharaiya, which are only identified in the Shivpuri District. (M.P. Govt. notification is annexed in the Vol.-II). Table No.2.8: Total population and SC/ST breakup of three Districts District Total Population Schedule Caste Schedule Tribe Shivpuri 1132977 219384 127762 Datia 515360 128001 7605 Jhansi 1746715 550460 151 Total 3395052 897845 135518 Source: Census of Madhya Pradesh (Abstract), 2001 and Census of District Jhansi, 1991.
2.9.3.3 Project Affected ST Families: General Profile
Though there is large tribal population in the districts through which the corridor is passing, but only 13 ST families will be affected in the project area out of 127762 ST populations in the entire Shivpuri district. There are total 13 ST families in the project area out of 127762 ST populations in the entire Shivpuri district. Out of these 13 families, 3 are involved in the commercial establishments and run small shops on the roadside. An important characteristic of these tribal groups is that their economic systems is oriented towards traditional systems of production but it is also clear from the table that the tribal population of the project area have assimilated themselves completely with the mainstream population or dominant societies and have taken on the production behavior (SBEs) of the mainstream people. The following table illustrates the project affected ST families in the project area.
17 Table no. 2.9: Project Affected Scheduled Tribe Families Total No. No. of Types of ST Families of Affected Residence- cum- District Affected Residential Commercial Families ST Commercial Families ST ST ST Shivpuri 2114 13 5 3 5 Datia 78 0 0 0 0 Jhansi 656 0 0 0 0 2848 Total 13 5 3 5 Source: Census Survey 2003.
Out of the total affected family in the project area, the ST families’ accounts for only 0.45%. There are only 3 ST families on Shivpuri bypass whose land is getting affected. Apparently, the ST families are generally poor, however they are not significantly different on poverty ratios from other vulnerable groups like SCs and OBCs, who are considered part of the mainstream population.
2.9.3.4 Summary
The results of the primary survey indicate that 13 ST households comprising approximately 78 persons are impacted by the project. The project affected ST’s, and AP’s in general, are engaged in labour or small business in small towns within the ROW. The fact that the majority of project affected ST people are engaged in small commercial activities like vegetable selling, road side stalls, etc. supports the contention that the impacted ST population have adopted similar characteristics to other inhabitants of the road reserve.
The overall conclusion from the census survey and other data sources as analyzed above is that the Scheduled Tribe population directly impacted by the project has very similar characteristics to the overall affected population. They are assimilated into the local communities and do not maintain a district cultural identity. While, they therefore meet the first requirement of the ADB to be classified as indigenous, namely descent from a specific population group, they do not maintain social or cultural identities distinct from the dominant or mainstream society.
The tribal groups of the project area have a free social interaction with the mainstream population. The tribes share their source of water, folklore, food, infrastructure and other belongings with outside community. Not only this, these groups are also open to the new ideas like family planning, formal education. Most of these tribes have a nuclear family norm. Thus, it is undeniably established that in their social behavior and interactions they are not disconnected from the mainstream population but are assimilated with them.
The conclusion from an independent study carried out in the project region “is that the Scheduled Tribe population of the project area directly affected by the project can be considered as assimilated into mainstream society and does not display a distinct demographic, locational, cultural and social identity. The views of the dominant groups and the tribal population on anticipated project impacts and resettlement options are very similar. It is therefore, proposed that an Indigenous Peoples Development Plan is not required, however ST and other vulnerable groups should receive additional support in accordance with the proposed entitlement framework”. Source: Indigenous People’s Mainstreaming & Need for IPDP, Prof. S.Agarwal, 2003.
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2.10 Economic Profile
2.10.1 Occupational background of household Small business establishments (SBEs) dominate the project area apart from agriculture. About 34.46% of APs are small traders and vendors. The other main sector of the economy is agriculture. The occupational pattern of the population is not diversified and thus efforts at income restoration would be directed at enhancing business opportunities of the displaced population.
2.10.2 Category of Project affected family in terms of Project impact such as land, structures, squatters, tenants and ambulatories According to the census survey, owners of land and structures form the largest group of the affected families. 64% of the owners are affected in Shivpuri and 14% in Jhansi.
Table No.2.10: Category of PAFs in terms of project impacts District Land Structur Squatte Tenants Ambulat Total es rs & ory/ encroac Kiosks hers Shivpuri 1324 511 171 90 18 2114 Datia 36 15 23 0 4 78 Jhansi 83 333 180 52 8 656 Total 1443 859 374 142 30 2848 Source: Census Survey, 2003
2.10.2.1 Structure Ownership Status According to the census data structures owners form the second largest group of the affected apart from agricultural landowners. 59.4% of the structures are affected in Shivpuri out of 859 total structures. In Jhansi about 39% of the structures are affected and remaining 1.6% in Datia. The encroachers are the residential and commercial structure owners who have extended their structures close to the edge of the road in the project area. However, encroachers are included in the entitlement matrix of the RP. 70 structures are in the encroachment category especially in Raksha, Dinara and Kharai market area.
Table No. 2.11: Structure Ownership Status District Owners Squatters Encroachers Total (including tenants) Shivpuri 511 126 45 682 Datia 15 23 0 38 Jhansi 333 155 25 513 Total 859 304 70 1233 Source: Census Survey, 2003
There are 859 titleholders, 304 squatters and 70 encroachers. The encroachers are those who have extended their property line onto govt. land; and therefore have been categorized as Non-titleholders. It is only the portion of the property on the Govt. land which is getting affected.
19 2.10.3 Profile of Affected Structures (Titleholders)
Various categories of structure were enumerated. Large portion of the affected structures are under residence-commercial category.
Table No. 2.12: Loss of different category of Structures (Titleholders) District Residential Commercial Residence- Religious Common Total Commercial Property/ Govt. Structures Shivpuri 189 145 177 18 17 546 Datia 4 3 8 2 2 19 Jhansi 90 139 104 3 3 339 Total 283 287 289 23 22 904 Source: Census Survey, 2003
2.10.4 Structures by Type
Type of structures also indicates about the economic conditions of the residents. Out of the total 859 structures (excluding religious and Govt.), 67% of the structures are permanent and only 8% of the structures are temporary. 59% of the permanent structures are in Shivpuri only.
Table No. 2.13: Types of Structures (Titleholders) District Permanent/Pucca Semi- Temporary/Kuchha Total Permanent/Semi- Pucca Shivpuri 335 130 46 511 Datia 8 4 3 15 Jhansi 233 80 20 333 Total 576 214 69 859 Source: Census Survey, 2003
2.11 Types of Project Impacts
1259 families are losing their source of income which covers agricultural land owners loosing more than 10% of their holding, squatters, kiosks, businesses, shops, tenants and wage earners. About 965 families are loosing agricultural land and business establishment. Around 950 families are losing their business establishment, which includes squatters and kiosks. Around 283 families are losing their residential structures and 289 families are loosing their residence-commercial structures along with source of income. Some of the project impacts under column 3,4,5,8 are common to all such as loss of drinking water facility etc.
Table No. 2.14: Types of Project Impacts District 1 2 3 4 5 6 7 8 9 10 11 12 Total Shivpuri 15 1309 3 Nil 300 493 189 736 Nil 5 145 177 3372 Datia Nil 36 Nil Nil Nil 34 4 38 Nil 0 3 8 123 Jhansi Nil 83 Nil Nil 150 423 90 485 Nil 3 139 104 1477 Total 15 1428 3 Nil 450 950 283 1259 Nil 8 287 289 4972 Source: Census Survey, 2003 1: Loosing entire agricultural land; 2: Loosing part of agricultural land; 3: Loosing only tree; 4: Loosing only Irrigation unit; 5: Loosing only drinking water facility; 6: Loosing business establishment; 7: Loosing residential structure; 8: Loss of Livelihood only; 9: Loosing land other than agricultural/homestead/commercial; 10: Loosing residential structure and source of income; 11: Loosing commercial establishment and source of income; 12: Loosing residential and commercial structure and source of income.
20 2.12 Rehabilitation Options
People by and large were not clear about their rehabilitation options. Nevertheless, the most preferred option that 1993 families opted for was cash compensation with self relocation (with eligible entitlements). The cash compensation choice has been taken into consideration while providing assistance to the affected people. Provision of land at resettlement sites and cash compensation in the form of transitional allowance, shifting allowance, etc. has been included in the RP. About 521 families opted for commercial development/training and 319 families who are likely to be displaced opted for resettlement site. During the public consultations, squatters and encroachers opted for self relocation option.
Table No. 2.15: Rehabilitation Options for the PAF’s and PDFs District Cash Commercial Land Part Property Resettlement Total Compensation Development/ for Property/la for Site Training Land nd & Part Property Cash Shivpuri 1494 387 No 15 No 218 2114 Datia 62 14 No No No 2 78 Jhansi 437 120 No No No 99 656 Total 1993 521 NIL 15 Nil 319 2848 Source: Census Survey, 2003
The R&R policy for the project has inbuilt safeguard measures for optimum utilization of compensation and other assistances; such as, counseling and continuous monitoring by NGO, third party external monitoring and evaluation, and, DRRO to release installment based on completion of activity and production of utilization certificate.
2.13 Summary Profile of Project Corridor Population
Description Units Project Affected Families 2848 Project Affected Persons 17088 Average Household Size 6 SC 138 ST 13 SCs & STs 151 WHH 5 Main Occupations Agriculture, Small Business Enterprise Type of Structure Pucca, Semi-Pucca, Kuchha Source: Census Survey, 2003.
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3
Land Acquisition, Types of Losses and Relocation
3.1 Land Acquisition and Type of Losses
In the present project stretch average ROW available varies from 30-33 m baring few locations where ROW is 50 m as well as 15 m. Land acquisition will be required in those locations where available land width is less than the minimum technical requirement. The project ROW is 45 m. The cut off date for eligibility for entitlements for non-titleholders is the date of the commencement of census surveys i.e. 7th May 2003 and publication of Notification under section 3A (i) of NH Act for landowners and titleholder structure owners.
3.2 Impact of Land Acquisition The analysis of the impact of land acquisition can be categorized into following sub heads: Loss of land (private and government) Loss of livelihood Loss of farm produces (standing crops) Loss of structures Loss of institutional buildings and community infrastructures and assets. Land acquisition has been restricted to only 15 meters incase of 30 meter available ROW, but in case of new alignments, bypass and junctions etc. it is 45 meters according to the technical report. The widening of NH-76 & 25 will be concentric with narrow median in built up and urban area.
3.2.1 Loss of Land (Private and Government)
The project will aquire the acquisition of agricultural land, pastureland and other land in different sections of the project area. Existing right of way (ROW) of the project road is varying between 30 m to 33 m as per the PWD boundary stones and village land maps. It is contemplated to acquire land for a width of 45.0 m ROW. The land acquisition plan has been prepared for the entire project stretch. Private land acquisition is more in Shivpuri district. The private land to be acquired is mostly un- irrigated agricultural land. About 190.810 ha of private land have to be acquired in Shivpuri, which accounts for 57% of the total land to be acquired for this project.
22 Table no.3.1: Land Acquisition within Project ROW District Wise Chainage No. No. of Total Land in Ha. Village Land Affected Acquisit Private Land Govt. Land ion in Forest Non Forest Ha RF PF Shivpuri Km. 579-Km. 44 305.825 190.810 85.53 - 29.485 610, NH-76 and Km. 15-Km. 76.570, NH-25 Datia Km.80-Km. 2 5.78 3.180 - - 2.60 76.570, NH-25 Jhansi Km. 92- 5 20.515 18.125 - - 2.39 Km.78.080, NH- 25 Total 51 332.12 212.115 85.53 - 34.475
Source: Land Acquisition Plan, 2003 Around 115 ha of Government and Forestland will be acquired in Shivpuri district for construction of ROB, junction improvement, bypasses and two segregated carriageways. Acquisition of these lands will be organized through government procedures of inter departmental transfers.
Though a total of 1443 plots will be affected, only 15 of such plots will be severed more than 50%. The owners of the landholdings to be acquired may have other source of income but it is likely that this acquisition would cause negligible or partial loss in incomes for these families. The replacement cost/compensation will be paid as per the entitlement matrix by the competent authority. Total landholding details are given in Table 3.2. Table 3.2: Extent of Loss of Private Agricultural Land and Quantum of Residual land
District Number of land Number of land Number of land Total holdings getting holdings getting holdings getting affected less than affected more than affected more than 10% 10% 50%
Shivpuri 1184 125 15 1324
Datia 36 - - 36
Jhansi 78 5 - 83
Total 1298 130 15 1443
Source: Land Acquisition Survey, 2003
23 3.2.2 Loss of Farm Produces
Acquisition of land for the project will result in loss of farm produces especially the Guava farm etc. There are very few guava farms falling on the project stretch especially in Shivpuri district. The total area under guava farm is less than 0.5 Ha. The owners of such farm land will be compensated/assisted as per section 2c of the entitlement framework.
3.2.3 Loss of Structures
In the project stretch, mainly residential, commercial, residential cum commercial structures are likely to be affected. Table no. 3.3 summarizes the loss of such structures. For the Shivpuri-Jhansi Section a total of 904 including religious and government structures will be affected. These include the titleholders of structures surveyed, structures, which were locked during the surveys, structures having tenants, & those for which the holder refused to respond to the questions. Out of total 1233 structures, 859 are permanent in nature, and 374 are temporary. Table 3.3 illustrates the category and types of structure loss.
Table no. 3.3: Category and Type of Structure Loss
District Type of Residenti Resident Commercial Religious Government Total Structure al ial- Structures Commer cial Permanent 142 102 91 11 17 363 Shivpuri Temporary 9 18 19 2 Nil 48
Semi- 38 57 35 5 Nil 135 Permanent Total 189 177 145 18 17 546 Permanent 2 5 1 1 2 11 Datia Temporary 1 1 1 Nil Nil 3 Semi- 1 2 1 1 Nil 5 Permanent Total 4 8 3 2 2 19
Permanent 55 73 105 2 3 238 Jhansi Temporary 6 5 9 Nil Nil 20 Semi- 29 26 25 1 Nil 81 Permanent Total 90 104 139 3 3 339
Grand Total 283 289 287 23 22 904
Source: Census Survey, 2003
Out of the total 859 structures excluding government and religious, 60% structures are affected on right hand side of the project road from Jhansi-Shivpuri. District wise details of only private structure losses excluding government and religious on both sides are given in Table no. 3.4.
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Table no. 3.4: District wise Structure Losers District Residential Residential Cum Commercial Total Structures Commercial LHS RHS All LHS RHS All LHS RHS All LHS RHS All Shivpuri 65 124 189 79 98 177 62 83 145 206 305 511 Datia - 4 4 - 8 8 1 2 3 1 14 15 Jhansi 31 59 90 47 57 104 56 83 139 134 199 333 Total 96 183 283 126 163 289 119 168 287 341 518 859 Source: Census Survey, 2003
Following types of structural combinations were found for the titleholder’s structures:
1. Temporary • Wooden walls, roof, floor • Wooden walls, corrugated sheets/tile roof • Thatched walls, floor mud, tiled roof • Mud wall and floor, thatched roof 2. Semi-Permanent • Brick wall, concrete floor roof • Stone masonry wall, floor stone/concrete • Asbestos/tiled roof 3. Permanent • All concrete works • Floor mosaic tiles, brick wall, concrete roof • Floor concrete/stone, brick wall, concrete roof 3.2.4 Loss of squatters/informal dwellings For the squatters, most of the dwellings are of temporary and semi permanent nature the materials used in most of the structures seemed easily transferable to other location. Most of these structures are small and used for commercial and commercial cum dwelling purposes. These are small wooden/tin sheets cabins of approx. 4’X4’ and 6’X6’. 100% squatters use their dwelling spaces for commercial purposes; these are primarily paan shops, cycle repair shops, STD Booths, Dhabas, teashops etc. District wise details of the squatters are given in the table no. 3.5. Table no.3.5: District wise details of the squatters District Nature of shop Size of the shop Total Shivpuri Cycle repair, pan, 4’ X 4’ and 6’X6’ 171 Vegetable, auto repair, teal stall Datia Cycle repair, pan, 4’ X 4’ and 6’X6’ 23 Vegetable, auto repair, teal stall Jhansi Cycle repair, pan, 4’ X 4’ and 6’X6’ 180 Vegetable, auto repair, teal stall Total 374 Source: Phase III Survey, 2003
25 3.2.5 Compensation for Structures All titleholders will be compensated at the replacement value of the structure .For squatters no compensation for land is given. According to ADB policy compensation for structure loss is provided in the form of rehabilitation assistance to all project affected families. 3.3 Loss of Livelihood The project probably will not hit the service and skilled labour class, as they are not dependent upon land for their livelihood. But due to relocation of residences or work place, the distance between home and work place might become longer. Nevertheless, a considerable no. of structure losers and squatters who are using their structure for commercial and resi-cum-commercial purposes will lose their primary livelihood. Those loosing garden/plantation or agricultural land or commercial structure will incur loss of income opportunity. Provision has been made in the policy entitlements for Transitional Allowances. The policy also provides for alternate income generation opportunities if the PAF so desires. There are total 1114 Families losing their livelihood. Another 145 families losing their income opportunity out of total 1259 loss of livelihood category. The district wise loss of livelihood is shown in table no. 3.6. Table no.3.6: District wise loss of livelihood
District Business (Comm. Agriculture Total Squatter, Resi-Comm, rental income& Kiosks) Shivpuri 596 140 736 Datia 38 Nil 38 Jhansi 480 5 485 Total 1114 145 1259 Source: Census Survey, 2003 During the preparation of RP, detailed consultations were carried out with the District level revenue officials, and certain parcels of land were identified for resettlement sites. The NGO TOR clearly specifies that NGO shall arrange for APs’ site visit before finalization of resettlement site. The rental value was arrived at based on market scenario and in consultation with the APs. All APs agreed to the options provided in R&R policy. 3.4 Impact on Women Women were concern about the widening of the existing road especially about the high-speed vehicles, which might increase accidents. They also felt that crossing to the other side is important because the grazing land might be on the other side of the village and it may be difficult to take the animals for a long walk just to cross the NH-76 and NH-25. The underpass option was discussed during public consultation and later being considered in the final design. There are only 5 women headed households in the project area. Their economic activity and livelihood is not affected by the project. They are working as labourer in the nearby quarrying area.
26 3.5 Vulnerable Groups Social vulnerability of PAFs has been already discussed in chapter 2. Families below poverty line, SC families, ST families, Women headed households and physically handicapped are considered under this category. District wise loss of livelihood of such vulnerable groups is shown in table no. 3.7.
Table no.3.7: District wise loss of livelihood of vulnerable groups Categories Shivpuri Datia Jhansi Total BPL 210 7 59 276 SC families 48 1 41 90 ST families 8 0 0 8 WHH 3 0 2 5 PH 21 2 15 38 Total 290 10 117 417 Source: Census Survey, 2003
3.6 Community Infrastructure and Assets Apart from the demolition of private residential and commercial buildings as described above, some govt. buildings, bridges, culverts, service roads, bore wells and wells, shrines and temples, police station, bus stops, Clinics, cattle sheds etc. will also be lost. These lost public structures will be replaced, prior to their actual demolition at new sites as per community decision subject to the allotment of land by the village Panchayat. During preparation of RP, consultations were carried out with local Panchayat officials and they agreed for transfer of Panchayat land for the purpose of relocation of CPRs. Further, NGO will continue the dialogue with Panchayat officials and will procure No Objection Certificate. District wise details of community structures such as temples, shrines etc and government Structure are shown in the table no. 3.8. Table no. 3.8:District wise details of Community & Govt. Structures District Religious Structure Govt. Structure Hand Pumps Shivpuri 18 17 40 Datia 2 2 6 Jhansi 3 3 20 Total 23 22 66 Source: Census Survey, 2003
3.7 Land Acquisition Plan
Land surveys for the payment of compensation is to be done on the basis of updated official records and ground facts. The LA Plan for the project has been prepared and submitted based on the Khasra and Mouza Maps. The details of 25% of the landowners have been incorporated in this RP. However, the remaining landowner details will be updated containing information relating to title, land classification, and current use of land. This updating would be done expeditiously for ensuring timely distribution of cost compensation and allotment of land to the entitled persons (EPs).
27 Proposed land acquisition will be done according to NH Act (Amendment 1997). According to the Act if the Central Government is satisfied that any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.
Consultant has prepared the Land Acquisition Plan with the help of field map of the villages. The marked region along with the details of area to be acquired shall be verified by the Revenue Officers of each village and will be submitted by Project Implementation Unit (PIU) to the Competent Authority (District Administration). The District Authority will issue notification under this Act.
Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section [1] of Section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.
Every objection under sub-section [1] shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further inquiry, if any, as the competent authority thinks necessary, by order, either allow or disallow the objections. Where no objection has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification in the Official Gazette, that these lands should be acquired under section 3D of the Act. 3.8 Relocation 3.8.1 Development of Relocation Site
Restoring livelihood and relocating structures of affected persons to pre-project level is an important task of resettlement plan. In the present project stretch displacements are concentrated only at Dinara at 72.500 km and Raksha at 85 km, keeping in view the length of the project stretch of 132.4 Km. On-site relocation plans will be preferred for the displaced persons, which will not alter the social organization of Affected Persons (APs). They are petty traders and are solely dependent on their commercial structures falling on the project corridor. Two resettlement sites has been identified which is within 1.75 km radius from the existing market on NH-25. For Dinara one at 69.400 km. and the second at 73.315 km at Awas. For Raksha one at 85.500 km and the other at 87.500 km. Selection of these sites has been done in consultation with the affected families. The likely project affected persons are numbering 17088 but out of this around 4158 persons would be displaced.
28 Table 3.9: Relocation Sites at Dinara and Raksha
Item Location I Location II
Dinara Raksha Dinara Raksha
Land Owner Private Private Govt. Govt.
Cost of land High High Relatively low Relatively Low
Opportunity Not disturbed Maximum Not disturbed Not disturbed Of work Social fabric and Not disturbed Not disturbed Not disturbed Not disturbed cultural networks Distance from the present location 1 500 m 3 2.5 (Km)
Host Population Not significant Not significant 4-5 encroachers Not significant
Chances of accident Medium Medium Medium Medium Source: Phase III survey & Technical Data, 2003
Large number of affected families would be displaced in Dinara and Raksha. The following table gives the details of district wise project displaced families.
Table 3.10: District wise Project Displaced Families (PDF’S)
DISTRICT COMM RESI RESICOMM SQUATERS TOTAL
JHANSI 64 21 14 180 279
DATIA 1 0 1 23 25
SHIVPURI 85 83 50 171 389
TOTAL 150 104 65 374 693 Source: Phase-I Survey, 2003
3.8.2 Strategies for Relocation Options
The relocation and resettlement sites will be for housing and small business. NHAI has worked out various options to be offered to APs, and with mutual agreement with APs the options will be finalized. During implementation the following options will be explored. These options are:
For Housing
Option I: To develop the relocation site with all basic civic amenities like road, water, electricity, sanitation etc and do the plotting on agreed norms for each AP and hand over the plots to APs. The APs will construct their own houses as per their need and design and NHAI will pay the replacement cost of the demolished structure in three installments. But this cost will be equivalent to the actual cash compensation amount and difference in the amount on total construction will be borne by AP. NGOs will help in facilitating the housing loans for APs from Banks and other financial Institutes.
29 Option II: To develop the relocation site with all basic civic amenities like road, water, electricity, sanitation etc and also to construct the houses for APs. APs will bear the difference in the compensation amount and actual cost of construction.
Option III: To pay cash compensation in a joint account of spouses and the AP decides for self-relocation.
For Small Business Enterprises (SBE)
Option I: To develop the vendor market and hand over to APs.
Option II: To develop the shopping complex and hand over proper shops to APs. But these shops will be on rent and for first 6 months no rent will be charged to APs. After six month each AP needs to pay the agreed rent and if he/she wishes to own the same can pay the total amount and own the shop.
3.8.3 Self Relocation
Affected households particularly titleholders will be given option of self-relocation in nearby or same village. The affected household will receive the required support from the project during the process of relocation and receive compensation for structure, shifting and income assistance to resettle and rehabilitate the households. Where required, PIU can provide additional support through provision of civic amenities such as, well, tube well for drinking water, sanitary facilities, community halls to facilitate resettlers / host relationship.
The vulnerable titleholder will be given land for land option and in case of non- availability of land; they will be assisted by PIU to purchase land. Legal owners suffering losses due to acquisition of structure will be paid replacement value. The titleholders are eligible for compensation as per the Entitlement matrix.
3.8.4 Relocation of Informal/ Squatter Households
The affected squatter households will receive compensation for their structures only and other resettlement assistance in full prior to dislocation to facilitate the process of in-situ relocation. They are also entitled to cash assistance to support lost income due to relocation. Households, which are vulnerable, will receive special assistance of one time grant economic rehabilitation grant as additional support for relocation and income restoration.
3.8.5 Host Communities Developing host communities did not occur since the displacements are linear and no village people would be displacing in large numbers except Dinara. The district wise details of the project-displaced families are show in table no. 3.11.
30 Table no. 3.11: District wise details of the Project Displaced Families District Losing Losing Losing Total Squatters Grand Residence Commercial Residential- Total Structure Commercial TH T TH T TH T TH T Shivpuri 75 8 77 8 45 5 197 21 171 389 Datia 0 0 1 0 1 0 2 0 23 25 Jhansi 19 2 58 6 13 1 90 9 180 279 Total 94 10 136 14 59 6 289 30 374 693 Source: Census Survey, 2003
3.8.6 Income Restoration Assistance
Income restoration assistance will be provided to restore the economic status of all the eligible persons during project period immediately after relocation. These activities focus on ensuring that adequate compensation such as transitional allowance etc. is paid before relocation of APs who may suffer temporarily due to loss of working days and disruption in business. It is expected that within this time period they would be able to find out alternative livelihood options.
3.8.7 Assistance to Re-establish SBEs
All SBEs, titled or non titled including vulnerable encroachers will receive cash compensation at replacement cost for the loss of their business premises, shifting assistance, one time economic grant as income assistance. The SBEs owners who operated from rented premises will also receive income assistance.
3.8.8 Relocation and Resettlement Guidelines for PAFs
1. All the displaced titleholders and squatters loosing residential/commercial properties may opt for resettlement sites. The PDPs will be resettled preferably in a place close to the area where they were residing prior to the project. The resettlement plan will address the requirement for residential plots of all squatters. This will be implemented on the basis of providing options for relocation which include, option 1. Squatters may choose self- relocation with compensation for their strucxtures and related assistance and option 2. for squatters who are unable to self-relocate, PIU/NGO will examine on a case by case basis each households access and ability to find appropriate replacement land for dwelling and if they are unable to find or afford land themselves, then NHAI will provide the required suitable land for this purpose. 2. In case the group has already identified a potential site, NGO shall visit the site along with representatives of the community for assessing the adequacy and suitability of the site. NGO shall also collect information regarding its title and availability from local revenue department. In case the identified land is government/community land, NGO shall have to obtain No Objection Certificate from Revenue Dept.
31 3. NGO will also collect information on Government/community land available in the vicinity of project road, from the office of Circle Officer/ Circle Inspector. 4. NGO shall prepare a consolidated village wise list of government and community land. For relocation of PDPs, NGO shall ensure that PDPs are relocated along with their peers so as to maintain the existing social fabric. 5. The size of the plots will be equal to 35 Sq. mtrs. for houses and 15 Sq. mtrs. for shops. 6. Site selection will be assisted from the point of view of the impact on host communities. Issues like land quality, carrying capacity of the site, common property resources, and social infrastructure will be considered for selection of the site. 7. Prior to acquisition of the land, a resettlement plan will be developed and the consent of the PDPs will be taken in writing. 8. In case where government land is not available the certificate for the same will be obtained from the District Collector and then NHAI will purchase land for development of resettlement site/shopping complex. 9. At the new settlement centers, civic amenities like drinking water, internal link roads, drains, electricity will be provided along with any other amenities with PDPs had at their abandoned place. Any facilities provided by the Govt. & all common resources properties being availed by the displaced and affected persons prior to the project will as far as possible be provided/continued at Government cost at the new place of their resettlement or at the old place, as the case may be. 10. If the construction of shops/houses at the resettlement sites is done through NHAI, then NGOs will facilitate the process of arranging loans for PDPs through financial institutions for meeting the expenditure of the houses/shops over and above the entitlement amount. The financial institution will provide loan to the individual PDPs, and the loan recovery will be done by the institution, as per the arrangement agreed between the PDPs and the financial institution. 11. The other option will be to do the plotting on the resettlement site and providing infrastructure facilities. The construction of house and shops will then be left the PDPs. NGO will facilitate the process of arranging loans through financial institutions for the PDPs. 12. Once the site is developed, and then the houses/shops/plots will be distributed to the PDPs on the basis of local draw in presence of EPs. 13. As described above, plots for houses/shops at the new resettlement sites will be provided to the PDPs on payment basis except for the vulnerable person. The allotment of plot for house/shop will be in the joint name of husband and wife. Cost of registration to that effect would be borne by the project authority. 14. Customary right and land tenure system of the tribal PDPs and APs would be protected. 15. Any facilities provided by the Govt. & all common resource properties being availed by the displaced and affected persons prior to the project will as far as possible be provided/continued at project cost at the new place of their resettlement or at the old place, as the case may be. All resettlement planning would consider increased costs resulting from relocation. Such cost may be related to changes in occupation, absence of subsistence crops transportation.
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4
R & R PRINCIPLES, POLICY FRAME WORK AND ENTITLEMENT MATRIX
4.1 Introduction
This RP document describes the principles and approach to be followed in minimizing and mitigating negative social and economic impacts by the projects. The guidelines are prepared for addressing the issues limited to Package-C (Shivpuri-Jhansi) East West Corridor projects for resettlement and rehabilitation of the PAPs. The Resettlement Plan has been developed based on guidelines of Asian Development Bank on Involuntary Resettlement and NH ACT.
4.2 Broad Principles
The broad principles of the R&R are as below:
• The negative impact on persons affected by the project would be avoided or minimized.
• Where the negative impacts are unavoidable, the project-affected persons will be assisted in improving or regaining their standard of living. Vulnerable groups will be identified and assisted to improving their standard of living.
• All information related to resettlement preparation and implementation will be disclosed to all concerned, and people’s participation is being ensured in planning and implementation of the project.
• All acquisition of land would be under National Highways Act, 1956, which provides for compensation for properties to be acquired. Support would be extended for meeting the replacement value of the property. The persons affected by the project who does not own land or other properties but who have economic interest or lose their livelihoods will be assisted as per the broad principles brought out in this policy.
• Most of the widening and strengthening work will take place by the side of the existing National Highway except at locations where the existing alignment may involve shifting to accommodate bypasses, geo-metrics and other cost effective improvements.
• Before taking possession of the acquired lands and properties, compensation and R&R assistance will be made in accordance with this policy.
• There would be no/or minimum adverse social, economic and environmental effects of displacement on the host communities and specific measures would be provided in the Resettlement Plan.
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34
• Broad entitlement framework of different categories of project-affected people has been assessed and is given in the entitlement matrix. Provisions will be kept in the budget for those who were not present at the time of enumeration. However, anyone moving into the project area after the cut-off date will not be entitled to assistance.
• Appropriate grievance redress mechanism will be established at the district level to ensure speedy resolution of disputes.
• All activities related to resettlement planning, implementation, and monitoring would ensure involvement of women. Efforts will also be made to ensure that vulnerable groups are included.
• All consultations with APs have been documented. Summary results are appended to the RP. Consultations will continue during the implementation of resettlement and rehabilitation works.
• The Resettlement Plan includes a fully itemized budget and an implementation schedule linked to the civil works contract.
4.3. ADB Policy, NH ACT and Madhya Pradesh R&R Policy requirements and Short Comings
The ADB policy, NH ACT and and Madhya Pradesh Act are described below:
ADB Policy
The ADB's policy on involuntary resettlement was adopted in November 1995. ADB policy requires to (i) avoid or minimize project impacts where possible; (ii) consultation with affected people in project planning and implementation, including disclosure of RP and project-related information; (iii) payment of compensation for acquired assets at the market/replacement value; (iv) resettlement assistance to affected people, including non- titled persons (e.g., informal dwellers/squatters, and encroachers; (v) income restoration and rehabilitation program; and (vi) special attention to vulnerable people and groups. The objectives and principles of the policy, related to income restoration or having a bearing on it, are as follows: People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favourable as it would have been in the absence of the project. Any involuntary resettlement should, as far as possible, be conceived and executed as a part of a development project or program and resettlement plans should be prepared as appropriate time bound actions and budgets. Resettlers should be provided sufficient resources and opportunities to re- establish their homes and livelihoods as soon as possible. People affected should be informed fully and consulted on resettlement and compensation options.
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35 Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities.
NH ACT
In India, compensation for land acquisition and resettlement assistance for project- affected people are governed by the Land Acquisition Act (1894), which has been amended from time to time. However, for the purpose of maintenance, sustenance and management of National Highways, a special act, The National Highways Act (NH Act), 1956 has been promulgated. Land acquisition in this project will be carried out under the NH Act, 1956. This Act provides for acquiring the land through "competent authority" which means any person or authority authorized by the Central Govt. by notification in the official Gazette to perform functions of the competent authority for such areas as may be specified in the notifications. For LA, the Act defines the various procedures as follows: (I) section 3A – intention of Central Govt. to acquire land, (ii) 3B - power to enter for survey, (iii) 3C - hearing of objections (iv) 3D - declaration of acquisition, (v) 3E - power to take possession, (vi) 3F - power to enter into the land where land has vested in the central government, (vii) 3G - determination of compensation and (viii) 3F - deposit and payment of the amount. The act requires that the processes must be completed within a year from 3A to 3D. Although NH act significantly reduces the timeframe for acquisition, the rules and principles of compensation have been derived from the LA Act of 1894. The Act covers only legal titleholders and provides for (i) market value of the land; (ii) additional amount for trees, crops, houses or other immovable properties; (iii) damage due to severing of land, residence, place of business.
Limitation of NH ACT:
• NH ACT does not include any non-titleholder with respect to entitlement matrix. • It provides compensation for the acquired properties & structures only • It does not specify loss of income due to the acquisition of commercial establishment & agricultural land. • It does not provide Economic Rehabilitation Grant to any vulnerable category.
Madhya Pradesh R&R Policy
Madhya Pradesh passed a law in 1985. This is known as ‘Madhya Pradesh Pariyojna Ke Karan Visthapit Vyakti (Punarsthapan) Adhiniyam, 1985. It was enacted purportedly to 'provide for the resettlement of certain persons displaced from lands which are acquired for irrigation projects, power projects or public utility projects and for matters connected therewith or incidental thereto'.
Some of the features of the Act are: