Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages SOCIAL IMPACT ASSESSMENT STUDY Final Report
Requiring Body
Roads and Bridges Development Corporation of Kerala (A Government of Kerala Undertaking) Mahakavi Vailopally Road Palarivattom, Kochi - 682025 Ph: 0484 2338205
SIA Unit
RAJAGIRI /777^ach Rajagiri College of Social Sciences Rajagiri P.O Kalamassery Pin: 683104 Ph: 0484 2911330 - 332/2550785 [email protected] SOCIAL IMPACT ASSESSMENT STUDY DRAFT REPORT
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages
17 April, 2019
Requiring Body
Roads and Bridges Development Corporation of Kerala (A Government of Kerala Undertaking) Mahakavi Vailopally Road Palarivattom, Kochi - 682025 Ph: 0484 2338205
SIA Unit
Rajagiri College of Social Sciences Rajagiri P.O Kalamassery Pin: 683104 Ph: 0484 2911330 - 332/2550785 [email protected]
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 2 CONTENTS
CHAPTER 1 - EXECUTIVE SUMMARY
1.1 Project and public purpose 1.2 Location 1.3 Size and attributes of land acquisition 1.4 Alternatives considered 1.5 Social impacts 1.6 Mitigation measures
CHAPTER 2 - DETAILED PROJECT DESCRIPTION
2.1 Background of the project, including developers background and governance/ management structure 2.2 Rationale for project including how the project fits the public purpose criteria listed in the Act 2.3 Details of project size, location, capacity, outputs, production targets, costs and risks 2.4 Examination of alternatives 2.5 Phases of the project construction 2.6 Core design features and size and type of facilities 2.7 Need for ancillary infrastructural facilities 2.8 Work force requirements (temporary and permanent) 2.9 Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports 2.10 Applicable legislations and policies
CHAPTER 3 -TEAM COMPOSITION APPROACH, METHODOLOGY AND SCHEDULE OF THE SOCIAL IMPACT ASSESSMENT
3.1 List of all team members with qualification 3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment 3.3 Sampling methodology used 3.4 Overview of information/ data sources used 3.5 Schedule of consultations with key stakeholders and brief description of public hearings conducted
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 3 CHAPTER 4 - LAND ASSESSMENT
4.1 Description with the help of the maps, information from land inventories and primary sources 4.2 Entire area of impact under the influence of the project (not limited to land area for acquisition) 4.3 Total land requirement for the project 4.4 Present use of any public, utilized land in the vicinity of the project area 4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project 4.6 Quality and location of land proposed to be acquired for the project 4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns 4.8 Size of holdings, ownership patterns, land distributions and number of residential houses 4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years
CHAPTER 5 - ESTIMATION AND ENUMERATION (WHERE REQUIRED) OF AFFECTED FAMILIES AND ASSETS
5.1 Estimation of families 5.1.1 Families which are directly affected (own land that is proposed to be acquired) 5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights 5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood 5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition 5.5 Families which have been residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land 5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition 5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands) 5.6.2 Inventory of productive assets and significant lands.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 4 CHAPTER 6 -SOCIAL ECONOMIC AND CULTURAL PROFILE ( AFFECTED AREA AND RESSETLEMENT SITE)
6.1 Demographic details of the population in the project area 6.2 Income and poverty levels 6.3 Vulnerable groups 6.4 Land use and livelihood 6.5 Local economic activities 6.6 Factors that contribute to local livelihoods 6.7 Kinship patterns and social and cultural organization 6.8 Administrative organization 6.9 Political organization 6.10 Community based and civil society organizations 6.11 Regional dynamics and historical change processes 6.12 Quality of the living environment
CHAPTER 7 - SOCIAL IMPACT MANAGEMENT 7.1 Approach to mitigation 7.2 Measures to avoid mitigate and compensate impact 7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act 7.4 Measures that the Requiring Body has stated it will introduce in the project proposal 7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA 7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy 7.7 The Social Impact Management Plan that the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body
CHAPTER 8 -SOCIAL IMPACT MANAGEMENT PLAN INSTITUTIONAL FRAMEWORK
8.1 Description of institutional structures and key person responsible for each mitigation measures 8.2 Specify role of Non Governmental Organizations etc, if involved
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 5 8.3 Indicate capacities required and capacity building plan, including technical assistance if any 8.4 Timelines for each activity
CHAPTER 9 - SOCIAL IMPACT MANAGEMENT PLAN BUDGET AND FINANCING OF MITIGATION PLAN
9.1 Costs of all resettlement and rehabilitation costs 9.2 Annual budget and plan of action 9.3 Funding sources with break up
CHAPTER 10 - SOCIAL IMPACT MANAGEMENT PLAN MONITORING AND EVALUATION
10.1 Key monitoring and evaluative indicators 10.2. Reporting mechanisms and monitoring roles 10.3. Plan for independent evaluation
CHAPTER 11 - ANALYSIS OF COSTS AND BENEFITS AND RECOMMENDATION ON ACQUISITION
11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs 11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 6 List of Tables Table 1.3.1 Extent of Land Acquisition (Eravipuram Village) Table 1.3.2 Extent of Land Acquisition (Mundackal Village) Table 1.5.1 Analysis of the Various Possible Social Impacts of the Project Table 3.1.1 Details of the Study Team Table 3.5.1 Process and Schedule of Activities Table 3.5.2 Concerns Raised in the Public Hearing and Answer from the Requiring Body Table 4.2.1 Possible Impacts of the Project Table 4.2.2 Impact on Productive Assets Table 4.7.1 Nature of Land Table 4.8.1 Date of Acquiring of the Property by Land Owners Table 5.1.1 Religion of the affected families Table 5.1.2 Caste of the Affected families Table 5.1.3 Family Pattern Table 5.6.1.1 Religion of the affected families Table 5.6.1.2 Caste of the affected families Table 5.6.1.3 Family Pattern Table 6.1.1 Gender Distribution of Directly Affected Families Table 6.1.2 Gender Distribution In-directly Affected Families Table 6.1.3 Age Group of Directly Affected Families Table 6.1.4 Age Group of In-directly Affected Families Table 6.1.5 Marital Status of Directly Affected Families Table 6.1.6 Marital Status of Indirectly Affected Families Table 6.2.1 Type of Ration Card of the Directly Affected Families Table 6.2.2 Type of Ration Card of the Indirectly Affected Families Table 6.5.1 Details of business
List of Figures
Figure 4.7.1 Present Use of Land Figure 4.8.1 Ownership Pattern Figure 6.2.1 Monthly Income of the Directly Affected People Figure 6.2.2 Monthly Income of the Indirectly Affected People
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 7 Abbreviations
ROB Railway Over Bridge TVU Train Vehicle Unit SPV Special Purpose Vehicle Roads and Bridges Development Corporation of RBDCK Kerala Ltd KTTFB Kerala Infrastructure Investment Fund Board IRC Indian Roads Congress LC Level Crossing SIMP Social Impact management Plan LA Land Acquisition SIA Social Impact Assessment Right to Fair Compensation and Transparency in Land RTFCTLARR Acquisition, Rehabilitation and Resettlement Act G.O Government Order
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 8 CHAPTER 1 EXECUTIVE SUMMARY
1.1. Project and Public Purpose
Transport infrastructure is the integral part of the transport system in any state or city. With the intensification in the international relations and with the advent of globalization, the transportation is now considered to be the important factor for the economic and social development. The transportation system of the states and cities reflects the economic activity of the area. The richest and most powerful nations in the world have efficient transport systems. Investments into transport infrastructure are aimed at additional transport capacity, increased reliability and a better quality of transport services. By recognizing this need for development, the Government of Kerala has initiated the infrastructural development in the transportation of various districts in the state of Kerala.
Project - Eravipuram Railway Over Bridge
Availability of a good infrastructure facility is an essential pre-requisite for the growth and development of a region. In Kollam district, however the expansion of transportation infrastructure has lagged behind economic growth and spread of activities. This has created imbalances in spite of development.
At railway level crossings, considerable time in travelling is lost during the duration of the closure of the gates and immediately after opening of the gates. Also there is lot of wastage of fuel due to vehicles not switching off the engine during the wait period at level crossing. The long queue of the vehicles waiting at the railway gate during peak hours can be avoided by construction of proposed ROB. There will be savings in time and fuel if vehicles can ply over the ROB without stopping and waiting.
Government of Kerala has issued administrative sanction for the construction of Railway Over Bridge (ROB) in lieu of level crossing (LC) No. 547 at Eravipuram in Kollam district, vide G.O (Rt) No. 1324/2016/PWD dated 27.09.2016. Roads and Bridges Development Corporation of Kerala Ltd (RBDCK) as the special purpose vehicle (SPV) for the implementation of the project using funds from the Kerala Infrastructure Investment Fund Board (KIIFB).
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 9 1.2. Location The land at Eravipuram-Mundackal Villages in Eravipuram town in Kollam District has been selected for this project. Eravipuram town is only 8 km away from Kollam city. The proposed ROB is situated in Pallimukku - Eravipuram Road connecting NH 66 and Eravipuram in Kollam District. The LC No. 547 is situated between Kollam and Mayyanadu stations. The location is a heavily built up area.
1.3. Size and Attributes of Land Acquisition Acquisition of about 37.46 Ars land situated in Eravipuram and Mundackal Villages in
Kollam Taluk in Kollam District is required for the construction of Eravipuram ROB. The land is dry land category belongs to 58 survey numbers and presently used for residential and commercial purposes. The survey numbers of land to be acquired is explained below.
Table 1.3.1 Extent of Land Acquisition (Eravipuram Village)
SL Survey No. Name & Address No. 1. 288/3 Noushad & Sheheer, Nadakavil 2. 288/4,5 Govt. L.P.G.School,Kolloorvila, Eravipuram 3. 430/1/5 Sumayya 4. 430/32 Shamsudheen, Shiraf Manzil, Eravipuram 5. 430/33 Nazarudheen,Anooj Manzil, Eravipuram 6. 430/39 Sajitha, Nizarudeen, Arif Manzil, Eravipuram 7. 430/40 Shajahan 8. 432/1 Samitha, Simi, Simiya Thattamala 9. 432/2 Shamshad (Yahiya),Thoppil House,Eravipuram 10. 432/6 Nadira, Najeeb,Mehrunisa 11. 432/19 Naj eeb,Kottillil House,Eravipuram 12. 432/26 Fathi Muthu,Thoppil House, Eravipuram 13. 432/27 Vijayan,Thoppil House, Eravipuram 14. 432/28 Sinu (Indira Bhai), Thoppil House, Eravipuram 15. 434/1 Hanifa Kunju,Noushad, Thajudeen, Shajahan, Noushad 16. 434/2 Sharafudeen Koya, Veliyilkaramoottil 17. 434/2 Shajahan, Kalapurathu Padinjattethil 18. 434/14 Navas, Kalapurathu Padinjattethil 19. 435/1 E.Shajahan, Moolayil veedu, Eravipuram 20. 435/2 Lalu. V,Thekkevilacherry 21. 435/4 Sheeba, Kunnathuvayalil (Pournami),Eravipuram 22. 435/5 Shibu,Shiju, Mini Manzil, Eravipuram 23. 435/6 Shamsudeen,Maniyankulathuveedu 24. 435/25 Nasar, Naduvilakacherry
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 10 25. 435/33 Sajitha, Thekkevilacherry 26. 442/2 Capex Cashew Factory 27. 442/6 Radhakrishnan, Nadakkavil kizhakevilayil, Eravipuram 28. 442/7 Shobhana Kumar, Kottapurath padinjattethil
Table 1.3.2 Extent of Land Acquisition (Mundackal Village)
SL Survey Name & Address No. No. 1. 232/21 Siyad, Thaju Manzil 2. 232/12 Nishna, Nishad Manzil 3. 232/13 Shainy,Navas Manzil, Mundackal 4. 232/56 Lathifa Beevi, Painumoottil 5. 232/34 M.Nasarudheen, Kandathil House, Mundackal 6. 232/35 Rasheed Rahim 7. 232/36 Siyad,Layila Nivas, Mundackal 8. 232/51 Sulfikar, Naseema Beevi, Sulfi Manzil 9. 232/38,40 Nisarudheen, Thoppilveedu, Mundackal 10. 232/41 Nujumudeen Koya, Kodiyilveedu 11. 232/54,55 Najeemath, Painumoottil 12. 232/10 Seenath Beegam,Thoppil veedu, Mundackal 13. 232/11 Muhammad Ali, Veliyilputhen veedu 14. 233/13 Mubeena,Ajeena Mansil, Mundackal 15. 233/17 Abdul Rasheed,Nizamudeen Kutty, Shemeer Manzil 16. 233/34 Subaidha Beevi (Shereer),Shereer Manzil,Mundackal 17. 233/29 Asoora Beevi, Sinu Manzil 18. 444/17 Sudhakaran, Shibi Sudhakaran, Chetana 19. 444/17 Sudhi Prabha,Nadakavil House,Mundackal 20. 453/1 Hamsath Beevi, Nadakkavil House 21. 453/21 Nadira, Nadakavil House,Mundackal 22. 453/2 Vasantha Kumari, S.K.P Compound 23. 453/3 Sabu,Nadayikavil House, Eravipuram 24. 453/9 July, Jubily, Asha, Haridasan, Shivarajan, Ashokan, Deepa, Ashoka Manthiram, Mundackal 25. 453/10,11 Rafika Beevi,Padippura House,Mundackal 26. 453/12 Y. Sirajudeen,Padippura House,Eravipuram 27. 453/20 Lilly,Kuttiyil, Mundackal 28. 453/23 Shayila Beevi, Nadakavil House,Mundackal 29. 453/27 Rahima Beevi, Padippura House, Mundackal 30. 455/26 Hamsath Beevi, Nadakkavil House
1.4 Alternatives considered
The proposed ROB is constructing in lieu of the existing LC, no alternatives were considered.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 11 1.5 Social Impact 58 families are the directly affected families of the project since they are losing their land. Most of the land owners use their land for commercial purposes i.e. shops owned and operated by themselves or given the shops for commercial purposes on rental basis.
28 tenants who are running small scale business in the project affected area on rental basis for more than 3 years and 79 workers who are working in the shops for more than 3 years should be considered as the indirectly affected families of the project.
During survey, SIA team could recognize 4 open lands, 5 residential structures, 1 library, 35 shops were completely affected. Compound walls and gates of certain houses, frontage, compound wall and gate of L.P.G School, Diwan apartment, cashew factory, and frontage of medical clinic, shopping complex and 5 houses were affected due to the project. 59 families shared that they are depending on the affected land for their livelihood which will lose due to the project.
Other existing shops and houses which are not included for acquisition will also be affected after the construction of bridge as the access become hindered.
Productive assets like 22 trees would be cut down. The table below will give a clear picture on the possible social impacts of the project.
Table 1.5.1. Analysis of the Various Possible Social Impacts of the Project
SI. No Type of Impact Status 1 Loss of Land 58 families will lose their land 2 Loss of Built-up 35 shops and its related infrastructures, 5 residential Property structures, 1 Library Compound wall and Gate of L.P.G School, Diwan Apartment, Cashew Factory 3 Displacement 35 shops, Library & 5 residents will be displaced. 4 Loss of 3 Coconut trees, 4 Mango trees, 8 Plantain, 1 Soft Productive Tree,l Saporta,l Teak,3 Jackfruit tress, 1 Nelli, 1 Assets Mathalam, 1 Anjili 6 Loss of 59 families are depending on commercial shop and Livelihood their livelihood will be affected.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 12 Note: The above data is arrived as per the information provided by the respondents during the Survey. Supporting documents need to be verified during Land acquisition.
1.6. Mitigation Measures
The policy vide G.O. (Ms) No.448/2017/RD dated 29/12/2017 issued by Revenue (B) Department, Government of Kerala for the rehabilitation and resettlement package for acquisition of land in the state in lieu of RFCT LARR Act 2013 will be applicable to the Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk In Eravipuram, Mundackal Villages.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 13 CHAPTER 2 DETAILED PROJECT DESCRIPTION
2.1 Background of the project, including developers background and governance/ management structure
Results of low quality infrastructure in transportation causes traffic blocks, depletion of non renewable resources (petrol, diesel and other fuels), pollutions (air, water, sound), loss of time, strain in passengers and pedestrians, road accidents and death. In Kerala there are currently around 80 unmanned level crossings, which are highly dangerous. The safety of person on foot is currently being greatly compromised due to the lack of over-bridges. Roads and Bridges Development Corporation has embarked on a perspective plan for ameliorating these imbalances by construction of ring roads, road over bridges, flyovers, river bridges etc. The objective behind the construction of ROB’s is to ease the flow of traffic across the state and to do away with the dangers of unmanned level crossings.
The project area experiences difficulty for the ambulance and the fire force teams to reach in destination in case of emergency which form an important aspect for the construction of Eravipuram ROB.
Eravipuram railway station falls under the Thiruvananthapuram railway division of the Southern Railway Zone of Indian Railways. Eravipuram which comes under Kollam Municipal Corporation is situated 5.3 km away from Kollam city. It is well connected with various cities like Kollam, Trivandrum, Kottayam, Madurai, Tirunelveli, Nagercoil, Kanyakumari and towns like Paravur, Punalur, Kayamkulam, Karunagappalli, Kottarakkara, Varkala, Chirayinkeezh through Indian Railways.
2.2. Rationale for Project including how the project fits the public purpose criteria listed in the Act As our country has a rapid growth in technology and facilities, changes to support them are fundamental. At railway level crossings, considerable time in travelling is lost during the duration of the shutting down of the gates and immediately after opening of the gates. Also there is lot of depletion of fuel due to vehicles not switching off the engine during the wait period at level crossing. The long queue of the vehicles waiting at the railway gate during peak hours can be avoided by construction of proposed ROB. There will be savings in time and fuel if vehicles can ply over the ROB without stopping and waiting.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 14 The proposed project of land acquisition for the construction of Eravipuram railway over bridge at Kollam Taluk in Eravipuram, Mundackal villages is to bring together the nation’s demand of improved infrastructure facilities for the growth and development of a region. Hence the land acquisition for Eravipuram railway over bridge is closely linked with development of nation.
As per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Section 2 (b)(i), the project can be considered as a public purpose.
2.3. Details of project- size, location, capacity, outputs, production targets, costs and risks
Acquisition of about 37.46 ars land is required for the construction of Eravipuram ROB. The affected area belongs to 58 survey numbers which are situated in Eravipuram and Mundackal Villages in Kollam Taluk in Kollam District.
The project is to construction rail over bridge across Eravipuram railway station aims to ease the flow of traffic across LC and through which the development of adjacent/nearby places become possible. The location is a heavily built up area and there are not many options for alignment other than to follow the existing road as far as possible. The railway gate will have to be relocated to facilitate traffic during construction.
Total cost of the project is calculated as 31.50 crores.
2.4. Examination of Alternatives
The proposed ROB is constructing in lieu of the existing LC No. 574, no alternatives were considered. The location is a heavily built up area and there are not many options for alignment other than to follow the existing road as far as possible.
2.5. Phases of the Project Construction The approximate time taken for project construction is expected to complete with a period of 3 to 4 years.
2.6. Core design Features and Size and Type of Facilities
Pallippuram - Eravipuram road is a two lane road and the ROB proposed is also two lanes with carriage way of 7.5 m and footpath of 1.50m. Over all width of the ROB is 10.05m.
The gradient on both sides is 1:20. Length of approach portion of ROB is approximately
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 15 386.91m and the railway portion is 24.36 m. The alignment was proposed along the existing road as far as possible. The entire area in the vicinity of the level crossing is built up densely. Hence the gradient had to be limited to 1 in 20 on either side so that the length of ROB is minimum and so is the acquisition of land and structures.
2.7. Need for Ancillary Infrastructural Facilities Since the construction of proposed ROB is starting from the nearby areas of L.P.G School, sufficient safety measures should be ensured during the construction period. To ease the flow of traffic across the area, railway gate will have to be relocated or necessary measures should be taken to facilitate traffic during construction.
2.8. Work Force Requirements (Temporary and Permanent) The work force is equipped with modem machineries and planned man power in various range in terms of skilled, semi- skilled and un-skilled labors.
2.9. Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports Requiring body has stated that the following study was conducted for the project • Engineering Surveys and Investigations-Reconnaissance survey • Topographic survey • Traffic survey • Geotechnical Investigation and Geometric Design and Alignment 2.10. Applicable Legislations and Policies
The applicable laws on land acquisition, rehabilitation and resettlement for the proposed project land acquisition for the construction of Eravipuram ROB are: ^ The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ^ Government of Kerala - Revenue (B) Department -State Policy for Compensation and Transparency in Land Acquisition vide G.O (Ms) NO.485/2015/RD dated 23/09/2015. ^ Government of Kerala - Revenue (B) Department -State Policy for Rehabilitation and Resettlement Package for Land Acquisition in the State in lieu of RFCTLARR Act 2013 vide GO(MS)No.448/2017/RD dated 29/12/2017. ^ Right to Information Act, 2005
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 16 CHAPTER 3 TEAM COMPOSITION APPROACH, METHODOLOGY AND SCHEDULE OF SOCIAL IMPACT ASSESSMENT
As per the Kerala Gazette (Extra Ordinary) No. LA 6-34330/17 dated on 04.12.18, Kollam District Collector has entrusted RAJAGIRI outREACH to study the Social Impact Assessment of the land acquisition for the construction Eravipuram railway over bridge at Kollam Taluk in Eravipuram, Mundackal Villages in Kollam District.
3.1 List of all team members with qualification
The study team is headed by the Project Director, RAJAGIRI outREACH, who is the Chairperson of SIA Unit. A team of 7 members having experience in conducting Social Impact Assessment Study and Socio Economic Surveys were assigned for field level data collection, monitoring of data collection and co-ordination of the study. Representatives from Revenue Department supported the investigators to identify the affected families. Details of the study team are mentioning in the table below:
Table 3.1.1. Details of the Study Team
SI. Name Qualification and Experience No Designation
1 . Dr. Binoy Joseph MA (HRM), LLB, Ph D. 23 years in Principal, Rajagiri College Consultant SIA teaching, research of Social Sciences and training 2. Meena Kuruvilla MSW 31 years in Chairperson - SIA Unit development sector 3. Maria Tency. V.S MA, DSS, 27 years in Research Associate development sector 4. Biju C.P BA - Research Associate 24 years in development sector Keerthi Krishnan MSW 1 year in 5. Research Associate development sector Jerin J MSW 1 year in 6. Research Associate development sector Tony Babu MSW 1 year in 7. Research Associate development sector 3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment
The objective of Social Impact Assessment (SIA) is to enumerate affected land and structures, affected families and persons, to identify social impacts, and to prepare Social Impact Management Plan (SIMP). In order to capture data for the present exercise, both
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 17 primary as well as secondary sources were systematically tapped. As a part of SIA, census model socio-economic survey has been conducted by experienced members of SIA Unit in the proposed project area to list out the favorable and adverse impacts of the project. Before preparing the draft SIA study report, the study team acquired maximum information about the project and project area. Questionnaires are used as tools for data collection.
3.3 Sampling methodology used Since sampling methodology was not suitable for the proposed project, all the 58 families were studied in detail.
3.4 Overview of information/ data sources used
Secondary source information was collected from various concerned departments including Office of the Special Tahsildar (LA), and Requiring Body of the project. Thus, secondary source information complemented the primary data elicited through field survey from the affected people and other stakeholders. Besides understanding was created about the physical, social, economic, and cultural set-up of the project area.
3.5 Schedule of consultations with key stakeholders and brief description of public hearings conducted Table 3.5.1.Process and Schedule of Activities
04.12.2018 Government of Kerala, entrusted Rajagiri outREACH to conduct the SIA study
15.02.2019 Publication of Kerala Gazette notification
January 2019 Preliminary visit to the affected area January 2019 Data Collection
22.02.2019 Notification for public hearing
01.03.2019 Draft Report submission 11.03.2019 Public hearing
17.04.2019 Final Report Submission
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 18 Public Hearing
Public Hearing:
As per Form 5 of Rule 14 (1) of the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015, a public/community consultation (Public Hearing) was held on 11th March, 2019 at Govt. L.P.G.S, Kolloorvila in Eravipuram in which the proposed project affected land owners, tenants, labours who are working in shops, Smt. Nisha S.S, Special Revenue Inspector and Smt. Jolly Mathew, Valuation Officer from Special Tahsildar (LA) Office, Mr. P.Raj an, Deputy Collector- RBDCK, Mr. Ajmal Sha, Manager- RBDCK and SIA Unit Chairperson Smt. Meena Kuruvilla and other study team members were participated. The public hearing session has recorded with video streaming.
During the public hearing, the affected families and the general public have raised concem/anxieties related to the land acquisition and about the proposed project and the requiring body have answered the same. Details are mentioning below:
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 19 SIA - Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages
PUBLIC HEARING
Date: 11th March, 2019 Venue: Govt. L.P.G.S, Kolloorvila in Eravipuram Table 3.5.2: Concerns Raised in the Public Hearing and Answer from the Requiring Body
Respondent’s Resurvey Situation Explained Reply from the requiring Name and No. body Address He would like to know Since all affected parties about the status of concern were not given the concern letter they have given earlier and DLFC rate of Land in connection with land value was not approved by acquisition. SLEC held on 17.09.2018 Sirajudeen 453/12 and directed the District Collector, Kollam to acquire the land by invoking the provisions contained in the RFCTLARR A ct-2013. Requested to give sound Compensation package compensation for owners, shall be given as per the tenants and also shared prevailing norms/acts fixed concern about their family by the Govt, and as per the members. Also requested to provisions of RFCT LARR include 11 shops which is Act 2013. Conducting not included for acquisition hearing of all affected since they lose commercial persons. In respect of 11 importance after the shops not included in Vishnu Tenant implementation of the acquisition. Applications project. can be given to District Collector, Kollam. Since service road is providing with 4m width transportation facility and commercial importance is not losing after the implementation of the project. He would like to know Each affected person will whether 2 lakhs is permitted be informed about compe- to tenant or owner. nsation later By the administrator, (LA Deputy Nazeem Collector, Kollam) Collec- torate after conducting hearing inform and publish the details of eligible R&R
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 20 packages and all are have the right to file objections and express opinions at the time of hearing. He said that the acquisition The procedure will not and further proceeding take much time and speedy should fast up so that he can actions will take for the Biju restart his business. acquisition. Complying the procedures laid down in the RFCTLARR Act 2013. He would like to know why During negotiation proce earlier amount was dure all affected members canceled. were not given the consent and DLFC rate of Land Nujoob value was not approved by SLEC and directed District Collector, Kollam to acquire the land invoking RFCTLARR Act-20L3. He requested that the The procedure will not acquisition and further take much time and speedy proceeding should fast up. actions will take for the Nisar acquisition. Complying the procedures laid down in the RFCTLARR Act 2013. His house is affecting and Compensation package he would like to know about shall be given as per the compensation. prevailing norms/acts fixed by the Govt.Compensation Anzar, for the land and building & Rafeeka 453/10 R&R packages eligible Beevi will be sanctioned by District Collector/LAO as per RFCT LARR Act 2013 as per Government Orders and norms. He shared concern about Compensation package delay in the acquisition and shall be given as per the requested to speed the prevailing norms/acts fixed process. by the Govt, of Kerala. Haridasan 453/9 Land acquisition will be completed as per the provisions of RFCT LARR Act 2013 by LAO/District Collector. They requested to consider Compensation package 71 tenants their case initially and shall be given as per the and labours proper compensation is prevailing norms/acts fixed required. Also requested for by the Govt, of Kerala.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 21 approach road of minimum Compensation for the land 5m width. and building & R&R packages eligible will be sanctioned by District Collector/LAO as per RFCT LARR Act 2013 as per Government Orders and norms. Service Road having a width of 4m is provided on either side of alignment. Requested to include Request letter can be given 11 shops which is not to District Collector. Ziyabudeen, included for acquisition Kollam for considering for Niyas, since they lose commercial R&R packages and as per Sharafudeen importance after the RFCT LARR Act 2013. Koya, implementation of the Due to the implementation Noushad, project. of the project the entire NisarKutty, project area will develop. Niyas, Since 4m width approach Nizamudeen, road is provided on either Yahiya side, the importance of the Koya, Nasar, land is increasing and there Nasar & Biju is no possibility of business loss or loss of commercial.
Limitation of the Study:
As per the information from the office of Land Acquisition, land properties of 58 families are required to be acquired. However, there was no concrete information to contact some of the affected parties directly or indirectly since the owners were not staying in the proposed area. SIA unit has given notices in the regional edition of leading newspaper about public hearing. Despite these efforts, SIA unit couldn’t contact 8 affected parties and must consider it as limitation of this study.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 22 CHAPTER 4 LAND ASSESSMENT
4.1 Description with the help of the maps, information from land inventories and primary sources
Kollam district is located on the southwest coast of India, bordering Arabian Sea in the west, the state of Tamil Nadu in the east, Kerala district of Alappuzha in the north, Pathanamthitta in the North-east and Thiruvananthapuram in the south. Kollam has a total 1552.096 Km of roads. The National Highway 47 covers a distance of 57.4 Km in the district.
Eravipuram town is only 8 km away from Kollam city. Other nearby towns is Kottiyam, Mayyanad, Paravur etc. Eravipuram Railway Station is the nearest railway station. The proposed ROB lies on Eravipuram-Pallimukku road connecting NH 17 with Kollam Eravipuram beach road.
Images of the proposed project area
4.2 Entire area of impact under the influence of the project
37.46 ars of total land are required for the project which belongs to 58 survey numbers in Eravipuram and Mundackal villages. There are shops, houses, school, cashew factory, medical clinic, apartments and other buildings in the proposed site. Loss of livelihood for the land owners, the tenants who run business and labours will be affected in the proposed area. Other existing shops and houses which are not included for acquisition may also be affected after the construction of bridge. Productive assets like trees are also affected by the project.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 23 Table 4.2.1 Possible Impacts of the Project Possible Impact of the project Number of families Loss of land 58 Affected residence 5 Loss of Livelihood 59 Loss of shops 35 Loss of other structures 19 Affected public utilities 4 Table 4.2.2 Impact on Productive Assets
Name of the tree Approximate Number Teak 1 Coconut 2 Plantain 8 Mango tree 4 Sapota 1 Thanal maram 1 Jackfruit tree 3 Nelli 1 Anjili 1
Affected Structures Besides the above explained impacts other existing shops which are not included for acquisition will also be affected after the construction of bridge as the access to these shops become hindered should also be considered as the indirectly impacted families of the project.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 24 4.3 Total land requirement for the project
For the construction of Eravipuram ROB about 37.46 Ars of land is required which belongs to Eravipuram and Mundackal villages in Kollam Taluk in Kollam District.
4.4 Present use of any public, utilized land in the vicinity of the project area
Apart from the land owned by 58 individuals, the compound walls and gates of one government school namely Govt. L.P.G. School, Kolloorvila and one cashew factory will be acquired as part of the project. Further, the land of a library will also be affected directly by land acquisition. Land belongs to unauthorized land (puramboke) category is also proposed to be acquired for the Eravipuram ROB.
4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project
No land is purchased, alienated, leased or acquired already in the area for the requirement of the proposed proj ect.
4.6 Quality and location of land proposed to be acquired for the project
In total, 37.46 Ars of land are proposed to be acquired for the project and are located in Eravipuram and Mundackal Villages. The proposed land belongs to dry land category. The proposed land is mostly using for commercial purpose. Also 5 families are residing in the proposed area and 59 families mainly depend on the shops and their livelihood will be affecting due to the acquisition.
4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns
Table 4.7.1 Nature of Land
Nature of Land Number Dry land Category 58
The following diagram depicts the present use of the affected land. Out of the total land, 4 of the affected land are open land, 5 of affected land are used for residential purposes, 35 lands are used for shops, other lands are used for cashew factory, shopping complex, apartment and 3 lands are used for shops and residence.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 25 Figure 4. 7.1 Present Use of Land
4.8 Size of holdings, ownership patterns, land distributions and number of residential houses
The affected land are owned by 58 families and most of the families are using their land for residential purposes and commercial purposes i.e., those who run business in the affected land by themselves or given for rent. There are many housing properties are located in the project area but only 5 were losing their residence due to the project.
Table 4.8.1 Date of Acquiring of the Property by Land Owners
Years Number 0-10 years 10 10-20 years 9 20 -30 years 10 30 -40 years 6 40 - 50 years 2 50 & above 5 Total 50
Above table shows the period of ownership of affected families. Out of 50 families, 10 families have ownership of the land from 0 to 10 years, 9 families have ownership of the land from 10 to 20 years, 10 families have ownership of the land from 20 to 30 years, 6 families have ownership of the land from 30 to 40 years, 2 families have ownership of the land from 40 to 50 years and 5 families own land for more than 50 years.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 26 Figure 4.8.1 Ownership Pattern
Figure 4.8.1 shows the ownership pattern of the affected land. Out of 50 land owners surveyed, 32 owners have purchased lands and 16 owners acquired land as hereditary lands.
4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years
As per the information given by the respondents, no transactions had been taken place in the affected properties for the last three years and the market price of land as per the recent transactions in the locality was between Rs.7 and 8 lakhs per cent.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 27 CHAPTER 5 ESTIMATION AND ENUMERATION (WHERE REQUIRED) OF AFFECTED FAMTUTES AND ASSETS
This chapter comprises of the details of the families that are directly and indirectly affected by the project, extend of impact and the mitigation measures that the requiring body stated that it will introduce in project proposal.
5.1 Estimation of families
5.1.1 Families which are directly affected (own land that is proposed to be acquired)
There are 58 families who are being directly affected because of the land acquisition for the construction of Eravipuram ROB in Kollam District. List of the directly affected families of the project is attached as annexure. SIA team could recognize only 50 land owners and 28 tenants during the survey. The remaining land owners were not staying in the proposed area and there contact numbers are also not available. Socio-economic background of the surveyed families are assessing below:
Social Background of the Directly Affected families
Table 5.1.1. Religion of the affectedfamilies Religion Frequency Hindu 13 Muslim 33 Christian 2 Not applicable 2 Total 50
Above table shows the religion of the directly affected families in which 13 families belong to Hindu, 33 families belong to Muslim and only 2 families belong to Christian and 2 were not applicable to this question as one is school and other is cashew industry.
Table 5.1.2. Caste of the affected families Caste Number of families OBC 44 SC 3 General 1 Not applicable 2 Total 50
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 28 Above table shows the caste of the directly affected families in which 44 families belong to the OBC category, 3 families belong to the SC category, 1 family belongs to general category and 2 were not applicable to this question as one is school and other is cashew industry. Table 5.1.3. Family Pattern Family pattern Frequency Joint 7 Nuclear 41 Not applicable 2 Total 50
Above table shows the family pattern of various families in the project area in which 7 families follow joint family system, 41 families follow nuclear family system and 2 were not applicable to this question as one is school and other is cashew industry.
5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights
The project is aimed at construction of rail over bridge that goes through semi urban areas in Kollam district. Neither any forest land nor lands of any scheduled tribes are to be acquired as part of the project.
5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood
Not applicable
5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition
Not applicable
5.5 Families which have been residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land
Not applicable
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 29 5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition
5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands)
The 28 tenants and 79 labors working in the shops in the project affected area for more than 3 years should be considered as the indirectly affected families of the project. In addition to that, existing shops which are not included for acquisition will also be affected after the construction of bridge as the access to these shops become hindered. Socio economic background of 28 tenants are assessing below:
Social Background of the 28 Families of Tenants:
Table 5.6.1.1 Religion of the Families of Tenants Religion Frequency Hindu 5 Muslim 22 Christian 1 Total 28
Above table shows the religions of the families of tenants in which 5 families belong to Hindu, 22 families belong to Muslim and only 1 family belong to Christian.
Table 5.6.1.2 Caste of the Families of Tenants Caste Number of families OBC 23 SC 1 General 4 Total 28 Above table shows the castes of the families of tenants in which 23 families belong to the OBC category, 1 family belong to the SC category, 4 families belong to general category.
Table 5.6.1.3.Family Pattern of the Families of Tenants
Family pattern Frequency Joint 4 Nuclear 24 Total 28
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 30 Above table shows the family pattern of families of tenants in the project area in which 4 families follow joint family system, 24 families follow nuclear family system.
79 labours who are working in the shops run by land owners and tenants will also be considered as indirectly project affected families.
5.6.2 Inventory of productive assets and significant lands
• Lose of productive assets are specified in Table in 4.2.3. • Land belongs to purayidam and purambokke category is being affected. • 1 Govt. School, cashew industry, library and frontage, gate and compound wall of many houses and frontage of shopping complex and one apartment are also affected.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 31 CHAPTER 6 SOCIAL ECONOMIC AND CULTURAL PROFILE
6.1 Demographic details of the population in the project area Demographic details of 50 directly affected families and 28 families of tenants are analyzing below: Table 6.1.1 Gender Distribution of Directly Affected Families
Gender Total Male 130 Female 130 Total 260
Above table shows the gender distribution of the directly affected families in which 130 males and 130 females were found. Table 6.1.2 Gender Distribution Families of Tenants Gender Total Male 71 Female 58 Total 129
71 males and 58 females were found in the families of tenants.
Table 6.1.3 Age Group of Directly Affected Families *e in years Total 0-18 72 19-30 43 31-45 57 46-59 52 60 & above 36 Total 260
Table 6.1.3 shows the age group distribution of the directly affected families of the project. 72 members fall under the age group below 18years, 43 members fall under the age group of 19-30, 57 members fall in the age group of 31-45, 52 members belongs to 46-59 age group and 36 members are above 60 years old.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 32 Table 6.1.4 Age Group of Families of Tenants Age in years Total 0-18 32 19-30 26 31-45 36 46-59 25 60 & above 10 Total 129
Table 6.1.4 shows the age group distribution of the families of tenants in which 32 members fall under the age group below 18years, 26 members fall under the age group of 19-30, 36 members fall in the age group of 31-45, 25 members belongs to 46-59 age group and 10 members are above 60 years old.
Table 6.1.5 Marital Status of Directly Affected Families
Marital Status Total Married 147 Unmarried 29 Widow/widower 11 Children 72 Separated 1 Total 260
Table 6.1.5 shows that 147 married, 29 unmarried, 11 widows/widowers, 72 children and 1 separated were included in the project affected people.
Table 6.1.6 Marital Status of Families of Tenants
Marital Status Total Married 76 Unmarried 18 Widow/widower 3 Children 32 Total 129
Table 6.1.6 shows that 76 married, 18 unmarried, 3 widows/widowers, 32 children were considered found as project affected people.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 33 6.2 Income and poverty levels Figure 6.2.1. Monthly Income of the Directly Affected People
H 1000 to 10000 H 10001 to 20000
U 20001 to 30000 H 30001 to 40000 H 40001 to 50000 H 50001 to 100000 H 1 Lakh above 8 u Not applicable
Above chart shows the monthly income of the directly affected families in which 9 families have salary less than 10000, 11 families have salary between lOOOOlto 20000, 8 families have salary between 20001 to 30000, 10 families have salary between 30001 to 40000, 3 families have salary between 40001 to 50000, 4 families have salary between 50001 to 100000 and 2 families have salary above 1 Lakh.
Figure 6.2.2. Monthly Income of the Families of Tenants
H 1000 to 10000 H 10001 to 20000 H 20001 to 30000 H 30001 to 40000 H 40001 to 50000 8 8 H 50001 to 100000
Above chart shows the monthly income of the families of tenants in which 6 families have salary less than 10000, 8 families have salary between 10001 to 20000, 8 families have salary between 20001 to 30000, 3 families have salary between 30001 to 40000, 1 family have salary between 40001 to 50000 and 2 families have salary between 50001 to
100000.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 34 Table 6.2.1. Type of Ration Card of the Directly Affected Families Color of Ration card Number of families White 11 Blue 25 Pink 10 Yellow 1 Not applicable 3 Total 50
Above table shows the type of ration card, based on the classification by P u b lic
Distribution System, the directly affected families possess the ration cards as 11 have white colour ration card, 25 have blue, 10 have pink, 1 have yellow colour ration card and 3 were not applicable. Table 6.2.2. Type of Ration Card of the Families of Tenants Color of Ration card Number of families White 2 Blue 15 Pink 11 Total 28
Above table shows the type of ration card, based on the classification by P u b lic
Distribution System, the families of tenants possess the ration cards as 2 have white colour ration card, 15 have blue, 11 have pink and none of the families possess yellow colour ration card.
6.3 Vulnerable groups > 46 members of the project affected people who are in the age group of above 60 years, 104 children below 18 years are defined as the vulnerable groups that are affected because of the project. > 14 widows/widowers and 1 separated belongs to the affected families are also considered as vulnerable groups that are affected because of the project. 6.4 Land use and livelihood
The affected land belongs to 58 families. Presently the proposed lands are used for residential and commercial purposes. Out of the total residence in the area, only 5 families are to be displaced due to the project. Livelihood of 59 families will affect due to shutting down of 35 shops in the project area. In addition to that many tresses, structures like compound walls, gates, frontage of certain houses, L.P.G School, Cashew industry, Apartment, Shopping complex etc will also affect due to the project.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 35 6.5 Local economic activities
Since 35 shops need to shut down for the proposed project, the local livelihood of 59 families will affect such as the tailoring shop, hotel, furniture shop, medical shop, ironing shop, vegetable shops, bakery, tea shop, etc.
Table 6.5.1 Details of business
Tea stall 1 Grocery /general store 4 Vegetables /fruits 3 Cloth /garments 1 Tailor shop 2 Hotel restaurant 2 Bakery /confectionary 2 Medicine shop 1 Others 19
6.6 Factors that contribute to local livelihoods
Out of 58 project affected families none of the family is having agriculture in the proposed project area. Most of the families have shops that are owned by themselves or given for rent. By acquiring the shops for the construction of ROB, livelihood of 59 families will be affected.
6.7 Kinship patterns and social and cultural organization
In Eravipuram, majority of the properties are purchased property and very less are hereditary properties. Most of the families follow nuclear family system. However there are considerable numbers of joint families living in the area. One library functioning in the project area will be affected by the project can be considered as a cultural organization.
6.8 Administrative organization
None of the administrative organizations were affected by the project.
6.9 Political organization
None of the political organization establishments were affected by the project.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 36 6.10 Community based and civil society organizations
None of the community based and civil society organizations will be affected.
6.11 Regional dynamics and historical change processes
No major negative impact could be found regarding the regional dynamics and historical change processes.
6.12 Quality of the living environment
The proposed land for the construction of Eravipuram ROB is situated in Eravipuram and Mundackal Villages in Kollam Taluk in Kollam district. The level crossing is situated between Kollam and Mayyanadu stations. The lands are being owned by individual owners. Most of the land owners having shops which is being owned and operated by them or given the shops for commercial purposes on rental basis.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 37 CHAPTER 7 SOCIAL IMPACT MANAGEMENT
7.1 Approach to mitigation
• The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLARR Act 2013 shall be provided to the affected land owners. • Resettlement of the affected library in the proposed area. • Make the necessary arrangements for smooth entry and exit to the public and private utility/institutions such as schools, shops etc. • Re install livelihood opportunities for the affected families. • Since the construction of proposed ROB is starting from very near to L.P.G School, sufficient safety measures should be ensured during the construction period. • Consider the request of the shop owners, which are not included for acquisition since the implementation of the project may hinder the access to these shops which may cause, lose of business. • Displaced families for the project should be treated with priority.
7.2 Measures to avoid mitigate and compensate impact
Fair compensation and mitigation measures as explained in Point 7.1.
7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act
The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLARR Act 2013.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 38 7.4 Measures that the Requiring Body has stated it will introduce in the project proposal
Measures stated by the requiring body in the project proposal as sufficient fund has been reserved as compensation.
7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA
Not Applicable
7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy
• The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLARR Act 2013 shall be provided to the affected land owners. • Resettlement of the affected library in the proposed area. • Make the necessary arrangements for smooth entry and exit to the public and private utility/institutions such as schools, shops etc. • Re install livelihood opportunities for the affected families. • Since the construction of proposed ROB is starting from very near to L.P.G School, sufficient safety measures should be ensured during the construction period. • Consider the request of the shop owners, which are not included for acquisition since the implementation of the project may hinder the access to these shops which may cause, lose of business. • Displaced families for the project should be treated with priority.
7.7 The Social Impact Management Plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body
Not Applicable
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 39 CHAPTER 8
SOCIAL IMPACT MANAGEMENT PLAN INSTITUTIONAL FRAMEWORK
8.1 Description of institutional structures and key person responsible for each mitigation measures
RTFCTLARR Act, 2013 defines the Administrator appointed by the State Government would be the person responsible for Preparation of Rehabilitation and Resettlement Scheme for affected families of Land Acquisition. Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation & Resettlement Scheme shall vest in the Administrator.
In the Land Acquisition for the construction of Eravipuram ROB in Eravipuram and Mundackal Villages in Kollam District project, the major mitigation measures from the acquisition can be handled by providing the appropriate compensation under the RTFCTLARR Act, 2013.
As per G.O. (Ms) No.485/2015/RD, dated 23/09/2015, The Kerala State Policy for Compensation and Transparency in Land Acquisition, the District Level Fair Compensation, Resettlement and Resettlement Committee comprising :
• District Collector, Administrator for resettlement and rehabilitation, • Land Acquisition officer • Finance Officer • Representatives of the requiring body to take financial decisions on its behalf, • Representatives of Local Self Government Institution will monitor the Rehabilitation Action Plan
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 40 8.2 Specify role of Non Governmental Organizations
Not Applicable
8.3 Indicate capacities required and capacity building plan, including technical assistance if any
Not Applicable
8.4 Timelines for each activity
Timeline will be finalized as per the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 41 CHAPTER 9 SOCIAL IMPACT MANAGEMENT PLAN BUDGET AND FINANCING OF MITIGATION PLAN
9.1 Costs of all resettlement and rehabilitation costs
The requiring body stated that necessary budget provision exists for meeting the cost of acquisition.
9.2 Annual budget and plan of action
Not Applicable
9.3 Funding sources with break up
Not Applicable
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 42 CHAPTER 10
SOCIAL IMPACT MANAGEMENT PLAN MONITORING AND EVALUATION
10.1 Key monitoring and evaluative indicators
• Rehabilitation and Resettlement procedures • Fair compensation • Safety measures during construction
10.2. Reporting mechanisms and monitoring roles
• Rehabilitation and Resettlement procedures as stated in the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015
10.3. Plan for independent evaluation
Not Applicable
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 43 CHAPTER 11 ANALYSIS OF COSTS AND BENEFITS AND RECOMMENDATION ON ACQUISITION
11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs
The proposed land acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram, Mundackal Villages falls under the definition of “Public Purpose” under the RTFCTLARR Act, 2013, Section 2 (b) (i).
In the proposed area, 58 families are the directly affected families of the project since they are losing their land. 4 open lands, 5 residential structures, 1 library, 35 shops & compound walls and gates of certain houses, frontage, compound wall and gate of L.P.G school, diwan apartment, cashew factory, and frontage of medical clinic, shopping complex and 5 houses were affected due to the project. 59 families shared that they are depending on the affected land for their livelihood which will lose due to the project. 28 tenants who are running small scale business in the project affected area and 79 labors who are working in the shops for more than 3 years should be considered as the indirectly affected families of the project. Other existing shops which are not included for acquisition will also be affected after the construction of bridge as the access to these shops become hindered. 98% of the families interviewed were willing to give their land for the project and they prefer better compensation and speedy settlement action. Therefore, since there is displacement involved, there is requirement of Rehabilitation & Resettlement process and thus mitigation measures need to be considered for the same.
11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not.
At railway level crossings, wastage of fuel due to vehicles not switching off the engine, long queue of the vehicles waiting at the railway gate during peak hours, pollutions, loss of time, strain in passengers and pedestrians, road accidents and death, difficulty for the ambulance and the fire force teams to reach in destination in case of emergency etc can be avoided by construction of proposed ROB. The objective behind the construction of ROB’s is to ease the flow of traffic across the state and to do away with the dangers of
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 44 unmanned level crossings. Thus it is recommended to consider the requirements mentioned below:
Recommendations • The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLARR Act 2013 shall be provided to the affected land owners. • Resettlement of the affected library in the proposed area. • Make the necessary arrangements for smooth entry and exit to the public and private utility/institutions such as schools, shops etc. • Re install livelihood opportunities for the affected families. • Since the construction of proposed ROB is starting from very near to L.P.G School, sufficient safety measures should be ensured during the construction period. • Consider the request of the shop owners, which are not included for acquisition since the implementation of the project may hinder the access to these shops which may cause, lose of business. • Displaced families for the project should be treated with priority.
REFERENCES AND ANNEXURES
References
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 & Rules 2015.
Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 45 LIST OF ANNEXURES
Annexure 1 4(1) Gazette Notification
Annexure 2 Socio Economic Survey Questionnaire
Annexure 3 (a) : Public Hearing Notification (Madhyamam)
Annexure 3(b) : Public Hearing Notification Deshabhimani)
Annexure 4 : Notice issued to the affected families
Annexure 5 (a) : List of participants -affected families in the public
Hearing
Annexure 5 (b) : List of Officials participants in the public hearing .
Annexure 6 : Government of Kerala - Revenue Department- State Policy for Compensation and Transparency in Land Acquisition 2015.
Annexure 7 Policy for R&R package for acquisition of land in the State 2017 issued by Revenue (B) Department
Annexure 8 Details of affected families © Regn No KLK.BII 2DI2N507J •OtOty Tu4^034 i M l «wtth R N I Government of Kxraia Ac* Nil. Kl/rV(N>BW'Mt|-Ji: 2010 G«&>ft£l cncrvoo KERALA GAZETTE 9T3^V3U)0(Mmo EXTRAORDINARY «ta>Vdb3al49>aoiDcl (/urrvlfWPfljsjcweBjnYN® PUBLISHED BY AUTHORITY
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S PI Iff8. fta N ■ Cl g o a i c * &p he it ^1 I f 4 il> •2) 1 21 1* 2*2/H m 00400 w 212/H M 0.O9TO « 2 3 2 /* ** th*O40 * M 312m « 0 0425 IS 23?/** fi H 0020 Hi 233/41 ■i 0fO25 1/ 232/741 (1.02(10 10 711/21 *4 0 MOO >0 331/1 * • G **00 J<] 213 ■« M 0.0130 31 233 il* il O039D a 233/13 *1 0 0&50 23 333 1* •0 « 0303 24 444,'U II 0 W70 ?3 402/1 •o 0 0030 ? 6 433/31 « 0.0100 2? 453/2 0 04110 3 t *9> 1 4* 0 3505 n 443/33 M G Q12tJ 3 0 453<30 *# 0.0030 31 433/1 - 8 3234 >2 453/10 41 0 0204 33 *53.It 0*20* 14 431.22 4* D.om is 431/13 *• 0 0420 34 *53/20 4-0221 « k M . u u t ' fraon No. 4 [See Rote I Ll3)| NOT TF1C ATION No L. A 6-M33(fc'17 4i4 D i*rc m b t;rf 2t> ls W urw a s. ii appears HHbe Government o f Kcrabi that the land specified at the Schedule below is needed or hkcl> to be needed for u public purp<,&c, to w ii lor the cowmiction of railway over bridge at Eravipuram, A m i W iii ■ i \s. in rw te tic of the powers conferred m swh-section I ]) of section 4 of the Right to Fair Compensation and IrauspurciKy in Lund Acquisition. RduiNlnaiioii and Resettlement Act. 2013 iCcnirai Act 30 of 2013). Government of Kerala have decided to conduct a Social Impact A&sessrocnl in tike area ipeared in the Schedule below; Now. I in « m*i .sanction is accorded to the District Level Social Impact Assessment Unit. Rajugirt tX * Reach Society. Errcikuiam District to conduct a Social tmixici Assessment Study and to prepare a Social Impact Mmugctneni Plao as provided in the Act. ibe process dial I be completed within a period of two moruhtt. not exceeding sis months many ca>- SenemnE Di itrict Kollam Totuk— HCollam. (The extent given ts approximate) S i N o . S u n n S o . D escription &xn *t tHevtre) m (2) 13) 14) Village or Aiwiom and —Eravipuram. 1 2RR3 Dr> Land 0.03X.1 2 2SH4 0.(M20 3 2RS.5 0.1213 4 4301 a» 0.1547 5 430 32 • 0 0199 6 43033 at 0.0420 RSrs'i l«l«k - Lett- ti "obyQO • iZ ssuo 9/Ztt * ZfZ tt zs osso'O ■ L/Ztt l£ 08100 # tvstt Of ItOOO 9* ststt- « 80100 m K rcooo • a $6000 * sn sotoo vtfCr m YlSlt iZ OTtOO m vz m o o ZKZ* f» zz o n to l/S£r m il/nir zz SH«‘0 - IZ 1X00 0 frWC* • or I **00 0 tl/«» - 6l OSOO'O C/tt* m Ml C9rO 0 irt-cr - «Bc£t- £1 SSLOO S6C0O m OflS* fZHit SI ? tin o m 1 6I/ZC» ri S IK H ) * 8i/tfr n 0610 0 WKt n «IOQ - ZfZZY n OflOO Si 01 otzoo Z/iit * 6 ife II "0 \fK* - ot«cr 8 tflO O 19100 pw i *'a ft&OSfr L fr>“ rti U)______HL ) ( . 7 I II <3> (*]> 'llliKc or Am tom and Deiem Vluadxckal 1 232/10 Dr, l.jmd ' O.dtwtl 2 232/51 0 0200 ■5 2J2/|I 0 0200 4 2J2/A 0 0240 5 232/(2 00420 6 232'IJ 0 0380 7 >32/25 00580 8 212/56 0IJQ4O 9 232/5* 0.0166 - I« 232/54 0 0070 II 232/34 0 u5(Xi 12 23205 OOUXU 13 232/36 0«MO 14 232/3X 0 0025 15 232/40 00020 16 232441 17 232^0 00025 00200 IX 232/21 19 I) 1400 233/1 00900 20 233*13 0 0170 :i 233/16 0 0300 22 233/17 O.lihSO 23 233/34 0(42)1.1 M m i 7 0 1**0 25 451 1 00030 26 453-21 00160 27 453 2 00*010 2K IVU 0,0505 29 •vi. :i 00170 » g Mi (31 (3> (41 30 453/ 20 Dry LjuuI 00070 31 453-v * 0 2230 32 453/10 • 0.0200 33 453/11 • 0 0206 34 453/27 * 00525 35 453/52 * 0.0420 36 453-26 - 0 0225 Total 1.6341 (S i) Dim ik 'I Colli c ioh. 1 Socio Economic Survey for Social Impact Assessment Study Land Acquisition for Construction of Eravipuram Railway Over bridge at Kollam Taluk in Iravipuram, Mundackal Villages. SIA R e f No Interview er's Name Survey Date Supervisor Name Data Entry Staff' Name Data Entered Date Data verified by, and Date Name of the respondent______ Name of the Affected Family (Head). Place/ Location Q .l Identification Ward No. Name of Panchayath ASSET DETAILS Q. 2 Type of property a) Open land(Purayidam) _ Nilam c) Nilam Nikathu Purayidam Q.3 Type of use a) Open Land b) Agriculture c) Residential d) Others Specify Q.4 Address details Address of the Affected Property (with pincode) Communication Address (with pincode) SIA of Railway Over bridge at Kollam Taluk in Iravipuram, Mundackal Villages. (SIA Unit, RAJAGIRI outREACH) 2 Q.5 Contact Number: Q.6Name of title holder/s of the property (specify the names o f all the members specified as per the title deed) Date of acquiring of the property (approx) Details of transactions made on the property within the last three years Q.7 Acquisition by a) Hereditary b) Purchase c) Encroached d)Lease/Rent Q.8 Property Details a) Survey No______b) Total Area owned______c) Area of acquisition Q.9 Extent of acquisition: Fully Partially Q.10 Whether you will be displaced: Yes No Q .l l Religious Group: Hindu Muslim Christian! Other Specify______ Q.12 Social Group: SC ___ ST OBC General Others Specify. Q.13 Ration Card Yes No Ration Card Number Q.14 Type of Ration Card YELLOW PINK BLUE WHITE Not Applicable Q.15 Family Pattern Joint Nuclearl Individual SIA of Railway Over bridge at Kollam Taluk in Iravipuram, Mundackal Villages. (SIA Unit, RAJAGIRI outREACH) 3 Q.16 FAMILY MEMBERS - DETAILS Education SI. Monthly No Marital Major Name Age Sex Job the Status diseases Income Relationship withRelationship Headthefamily of Continuing Completed SIA o f Railway Over bridge at Kollam Taluk in Iravipuram, Mundackal Villages. (SIA Unit, RAJAGIRI outREACH) 4 ECONOMICAL ACTIVITIES IN AFFECTED AREA( for Non residential category) Commercial entity - details (if applicable)______Q.17Name of the Shop Q.18Type of shop/Business Enterprise Sole Proprietorship 1 Partnership 2 Company 3 Q.19No of employees Q.20No of employees working since last three years Q.21Whether licensed by govt/concerned authority Q.22Date of establishment Q .23If Commercial entity/business/trade whether you will wind up/ shut down due to this project implementation Yes 1 No 2 Q.24In any manner, whether it will adversely affect your employee Yes No Q.25 Details of business Tea stall 1 Jewelry shop Sweet shop Grocery/general store Educational Institution Butcher/Meat Vegetables/Fruits Hotel/Restaurant Barber shop Cloth/Garments Electrical Medicine shop Tailor shop Furniture Wine shop Pan/ Cigarette shop Petrol Pump Mobile Recharge Automobile Garage 7 handicrafts Photocopy service Lubricant shop Video Parlour/ Internet cafe PDS Departmental store 9 Ba kery/Confectiona ry 18 Other (specify) 99 Q.26 Employee details (if necessary, use additional sheets)( for non residential -affected firm/person) SI Name Age Sex Education Monthly Date of Valid Id No Contact No No Salary joining (Mention ID) SIA of Railway Over bridge at Kollam Taluk in Iravipuram, Mundackal Villages. (SIA Unit, RAJAGIRI outREACH) 5 Q.27 REHABILITATION OPTIONS a ) Owner Equivalent / better productive land and construction allowance for any structure being affected What is preferred rehabilitation Cash compensation at replacement value measure Shifting and rental value Training for income restoration Other (s D e c ifv ) 9 b ) Tenant What is preferred rehabilitation Shifting and rental allowance measure Training for income restoration 2 Other (S D e cifv) 9 Q.28 Family Monthly Income, Q.29 Family Monthly Expenditure, Q.30 No of adult earning members, Q.31 No of dependents______ Q.32 Major Source of Income ____ Q.33 Livelihood (Major Source of Income) of Family Affected Yes No Q.34 Whether Agriculture is Affected Yes No Q.35 If Yes, Mention loss S I No A ffected Crop Agriculture area affected Number o f trees/ crops affected l Coconut tree 2 Areca nut tree 3 Mango tree 4 Jack fruit tree 5 Banana Tree 6 Guava SIA of Railway Over bridge at Kollam Taluk in Iravipuram, Mundackal Villages. (SIA Unit, RAJAGIRI outREACH) 6 7 Mahogany/Teak tree 8 Pepper/Nut mug/ 9 Konna/ 10 Ra m bootta n/redsa nda 1 11 Q.36. Are you aware of the proposed Land Acquisition for Construction of Eravipuram Railway Over bridge at Kollam Taluk? Yes No Q.37. If yes, source of information Newspaper Internet/social media TV/ Media Community members Rajagiri Team All of the above Others Specify. Q.38 Opinion about the project. Q.39 Views regarding acquisition of land. Q.40 Additional Information, If any. SIA of Railway Over bridge at Kollam Taluk in Iravipuram, Mundackal Villages. (SIA Unit, RAJAGIRI outREACH) &ffi3cojako 2019 flnJHSnijroral 23 • Cf3(T)l aj6ns<6ora., m oei. 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K ee 9 L '» 1 q ^ s c d o (3^loa- h . A c t &h ^ ^ ^ t' ^OV^CvJJyV Attendance Record - Public Hearing: Social Impact Assessment - Land Acquisition for the Construction of Eravipuram Railway Over Bridge at Kollam Taluk in Eravipuram- Mundackal Villages 13 3 ' 3 ^ 3 } / ° / 1 5 GOVERNMENT OF KERALA A b s tr a c t Revenue Department - State policy for Compensation and Transparency in Land Acquisition - Approved - Orders issued. R EV EN U E (B) D E PA R T M E N T G.O.(Ms) No.485/2015/RD. Dated, Thiruvananthapuram, 23/09/2015. Read ■ G.O.(P) No.4 7 0 /2 0 15/RD dated 19/09/2015. ORDER The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring just and fair compensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01/01/2014. The State Government as per G.O. read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015. 2. Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/policy which provides higher compensation than that calculated under this Act for the acquisition of land so that the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy . 3. Therefore, in order to speed up and simplify the procedures of land acquisition for public purpose, Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The important objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair compensation, rehabilitation and resettlement committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC). (By Order of the Governor) Dr. Vishwas Mehta Principal Secretary to Government To The Commissioner, Land Revenue, Thiruvananthapuram All District Collectors The Public Works /Water Resources/Industries/Power/Transport/ Local Self Government/IT Departments The Accountant General (Audit/A&E) Kerala, Thiruvananthapuram The Finance Department General Administration (SC) Department jhiormation 8s Public Relations (W&NM) Department Stock File/Office Copy. Forwarded/By Order % Section Officer. -2- A p p e n d ix Policy of the State of Kerala for com pensation in land acquisition Introduction The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring adequate compensation and Rehabilitation 85 Resettlement to Land owners whose land are compulsorily acquired by the State for bonafide public purposes. Section 108 of the Act empowers the Government to frame law or policy which provides a higher compensation than calculated under this Act for the acquisition of land and thereby enabling the land ouster to exercise option either to avail such higher compensation for Rehabilitation and Resettlement under such policy of the State or to go by the provisions of the Act. Kerala is a State with high population density and whenever Government resorts to acquisition of land for public purpose, families get displaced from their ancestral properties and lose lands which are often their sole livelihood. In order to ensure that immediate relief by providing enhanced compensation and Rehabilitation & Resettlement package to such affected families, Government of Kerala felt the need for framing an adequate policy on the subject. O b je c tiv e s Government aims to ensure the following relief to the land losers through this policy. 1. The land loosers are provided with just and reasonable compensation for land acquired, relieving them from the burden of approaching judicial forums for enhancement of compensation. 2. Rehabilitation & Resettlement policy as provided in the Act along with additional packages including employment/stake holdings in eligible cases according to the nature of the project. 3. Disbursement of compensation before taking possession of land and ensuring Rehabilitation and Resettlement packages including infrastructural amenities as provided in the third schedule of the Act within 18 months of the date of publication of DD. 4. Transparency in procedures and less negative impact ensuring the land losers that their socio-economic status does not fall below what it was before the acquisition. Frame work of the policy The general provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to all land acquisitions. Social Impact Assessment (SIA) study shall be conducted in projects where it is mandatory and preliminary notification under Section 11 of the Act shall be published after approval of the project by the Expert Committee. (1) The Government shall constitute a District Level Fair Compensation, Resettlement and Rehabilitation Committee in every District. (2) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall have the following Members: - 3 - i) District Collector ii) Administrator for Resettlement and Rehabilitation iii) Land Acquisition Officer iv) Finance Officer v) Representative of the Requiring Body empowered to take financial decisions on its behalf. vi) Representative of the Local Self Government Institution of the area where the land is situated. Provided that where the affected area covers more than one district, the District Level Fair Compensation, Resettlement and Rehabilitation Committee of the district, where major portion of the land to be acquired belongs to, shall function as District Level Fair Compensation, Resettlement and Rehabilitation Committee to take action in the matter. (3) The District Collector will verily the title deeds, non-encumbrance certificate, basic tax receipt, building tax receipt, possession certificate and other relevant records of each parcel of land to be acquired. (4) The District Government Pleader or any other advocate specially authorized by the District Collector in this behalf will scrutinize the title deeds, and other documents relating to ownership and possession and give necessary recommendation to the District Collector. (5) The District Collector shall, within 7 days of the preliminary notification under Section 11, send the SIA Report and other relevant documents to the District Level Fair Compensation, Resettlement and Rehabilitation Committee. (6) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall fix the parameters and shall define criteria for categorization of land as per the local needs to fix land value and the same may be approved by the Committee. The Committee should take utmost care in determining the criteria for categorization. There should not be any ambiguity regarding classification. The authority to change the categorization once approved by the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall rest only with the SLEC. (7) After categorization of lands, land value shall be arrived at as per the provisions of the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and keeping this as the basis land value and taking into consideration the existing market value of the land make negotiation with the land owners and reach consensus with them on the final land value (8) The Committee will finalise the estimate of a fair and reasonable price of land and compensation along with the Rehabilitation and Resettlement package to be given to the affected person/family. The Committee shall ensure that eligible affected family is given Rehabilitation & Resettlement an envisaged in the second and third schedule of the Act. (9) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall send the estimate arrived as above, in Annexures I & II to the State Level Empowered Committee for approval. -4- The Government shall constitute a State Level Empowered Committee which shall have the following members: (i) Chief Secretary (ii) Revenue Secretary (iii) Secretary of the Administrative Department (iv) Law Secretary (v) Finance Secretary The State Level Empowered Committee shall approve the estimate or return it for reconsideration by the District Level Purchase Committee with suggestions/observations that it thinks fit. The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall, within 15 days of the receipt of such approval with or without changes, send individual notices to the affected families and affected persons apprising them of the provisions of the law or policy and giving them a date to appear before it on a specified date for the purpose of considering settlement of compensation and resettlement and rehabilitation claims on the basis of the policy. On the date fixed as above, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall explain the policy to the affected family or affected person and give them an estimate of the compensation and resettlement and rehabilitation package worked out under the policy. Provided that the date so fixed may be adjourned for another date for reasons to be recorded, Provided further that the proceedings shall not be adjourned for more than a period of 30 days in all from the first date. At the proceedings, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall present the estimated compensation and resettlement and rehabilitation package to the affected family or affected person and explain the terms and conditions of the same, Provided that the District Level Fair Compensation, Resettlement and Rehabilitation Committee may change the compensation and relief and resettlement package for the benefit of the affected family or affected persons to the extent of 10% in order to arrive at a mutually acceptable d settlement. If District Level Fair Compensation, Resettlement and Rehabilitation Committee feels that a higher payment exceeding 10% is absolutely necessary, then the proceedings may be recorded and sent to SLEC for approval. The affected family or affected persons shall thereupon submit their consent to having their claims settled according to such law or policy of the State instead of settling the same under the Act Provided that the affected families or affected persons who earlier rejected the negotiated settlement may, by a written application to the Collector, shall choose the option of the State policy at any time before passing the final award under Sections 30 and / or 31. Upon receiving the consent of the affected person or affected family, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall submit the consent along with minutes of its proceedings to the Collector for finalizing the conveyance of land in terms of the consent. -5- (17) The Collector, upon receiving the consent, shall cause a Sale Deed in terms of the settlement arrived at in the proceedings before the District Level Fair Compensation, Resettlement and Rehabilitation Committee to be executed and registered between himself and the affected family or affected person. (18) The Collector shall ensure that the draft declaration under Section 19of the Act has been published before proceeding with the execution of the sale deed. (19) The designated officer of the concerned project authority will take steps to effect necessary changes in the classification of land through the Taluk Tahsildar on the basis of the copy of the registered deed obtained from the Office of the Sub Registrar. (20) The Compensation or package received by the affected family or affected person shall not be subject to income tax or any other levy. (21) The compensation and package agreed upon shall be paid into the bank account the details of which shall be submitted by the affected family or affected person along with the consent. (22) On completion of the conveyance the Collector shall take possession of the land immediately, provided that the Collector may, on a written application by the affected family or affected person, accord sanction for extension of talcing of possession of the land by a period not exceeding 30 days. (23) No conveyance made under these rules shall be called in question in any court of law on any ground except that the same was executed by a person other than the one who was competent to do so. Append.ix.-I Check List for District Level Purchase Committee 1. Whether the title of the land is clear : 2. Whether any Government land is involved : 3. Criteria for categorization : 4. Criteria for fixing land value : 5. Decision of the DLPC - 6 - Appendix-JI FORMAT FOR SUBMITTING PROPOSALS FOR SLEC I. Land No.of Land Land Total Value title value value Extent 100%+ No. of holders as decided Existing of solatium % o f Category title who per by the faii- land + 12% in crease holders have BVR DLPC value in additional given in (per Ares land consent Ares Are) value A B C D T o ta l II Budget provision under H/A 5054-80-800-65 LA for Government purposes III Amount already released IV Balance available V Approx, amount proposed to be released for compensation in the present case VI Amount recommended for release VII Whether percentage of increase is justified Z ' p y i ) C - File No.REV-B1/264/2017-REV GOVERNMENT OF KERALA Abstract Revenue Department - Rehabilitation and Resettlement Package for acquisition of Land in the State in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Approved - Orders issued.______REVENUE (B) DEPARTMENT G.O.(Ms)No. 448/2017/RD Dated,Thiruvananthapuram,29/12/2017______Read: 1 G.O (Ms) No 419/11/RD dated 15.11.2011. 2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 3 Minutes of the meeting convened by ACS (Revenue) on 29.05.2017 ORDER Land acquisition for public purpose in the State is done by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. In view of the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the necessity for a clear and transparent policy for rehabilitation and resettlement was felt. The meeting convened by Additional Chief Secretary (Revenue) on 29.05.2017 inviting Finance Secretary, Law Secretary, Secretary PWD, Transport Secretary, Commissioner, Land Revenue & District Collector, Thiruvananthapuram discussed the various issues related to the formulation of State Policy on Rehabilitation & Resettlement in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The Committee observed that the State of Kerala is facing several problems with regard to Land Acquisition. Stiff resistance from all corners are being faced by the Land Acquisition Officers (LAO). The Committee viewed that organized resistance from petty traders, shop owners are faced during this entire process. Owing to the experience gained over a past couple of years, the Committee decided to slightly deviate from those File No.REV-B1/264/2017-REV provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. On serious and deliberate discussions the Committee unanimously came to the conclusion for providing more assistance rather than included in the 2nd schedule of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Government have examined the matter in detail and are pleased to approve a comprehensive Rehabilitation and Resettlement Policy as appended to this order for land acquisition in the State slightly deviating from those provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. This Rehabilitation and Resettlement Policy will be applicable to all land acquisition cases in the State, ie, by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. This Rehabilitation and Resettlement Policy will have effect from the date of this order where the land acquisition award has not been passed. By order of the Governor P H KURIAN ADDITIONAL CHIEF SECRETARY To:- The Commissioner of Land Revenue, Thiruvananthapuram. All District Collectors. The Public Works/Water Resources/Industries/Power/Transport/Local Self Government/IT Departments. The Principal Accountant General (Audit), Kerala, Thiruvananthapuram. The Accountant General (A&E), Kerala, Thiruvananthapuram. The Finance Department (Vide UO No 514877/Exp-A1/267/201 dated 20.07.2017) General Administartion (SC) Department (Vide Item No 1784 dated 26.12.2017) Information and Public Relations Department Stock File / Office Copy File No.REV-B1/264/2017-REV Copy To:- PS to Chief Minister PS to Minister (Revenue) AS to Chief Secretary PA to ACS (Rev & DM) CA to Principal Secretary (Finance) CA to Principal Secretary (PWD/Transport) CA to Additional Secretary (Revenue/LA) Forwarded/By order Val >wn er Digitally wgnec/ by V A R G H E S E / J \ Date: 2017/12 JT 1 7:2*54 1ST Reason: ApnrJved I File No.REV-B1/264/2017-REV APPENDIX SI. State Policy on Rehabilitation and Resettlement No. 1 Provision of housing units in case of displacement: 1. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 Sq mts in plinth area. 2. The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area. PROVIDED that any such family in urban /rural areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than Rs 300000( three lakhs rupees only) irrespective of their annual financial income. 2 Land for Land In the case of irrigation project, affected family owing agricultural land in the affected area and whose land has been acquired or lost, or who has, as consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: PROVIDED that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half acres, whichever is lower. 3 Offer for developed Land: In ca se the land is acquired for urbanization purposes, twenty percent of the developed land will be reserved and offered to File No.REV-B1/264/2017-REV land owing project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: PROVIDED that in cases the land owing project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. 4 Choice of Annuity or Employment: The appropriate Government shall ensure that the affected families are provided with the following options: (a) . Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) One time payment of five lakhs rupees per affected family; or (c) Annuity policies that shall pay not less than three thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for agricultural Labourers. 5 Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to five thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. 6 Transportation cost for displaced families: Each affected family which is placed shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building, materials, belongings and cattle. File No. REV-B1/264/2017-REV 7 Cattle Shed/Petty Shops cost: Each affected family having cattle or having a petty shop shall get one-time financial assistance subject to a minimum of twenty five thousand rupees and maximum of Rs. 50,000/- ( Fifty thousand rupees) for construction of cattle shed or petty shop as the case may be. 8 One time grant to artisan, small traders and certain others: Each affected family of an artisan, small trader or self employed person or an affected family which owned non agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of fifty thousand rupees. 9 Fishing Rights: In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs. 10 One time Resettlement Allowance: Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only. 11 Commercial Tenants One time assistance of Rs. 2,00,000/- ( Rupees Two lakhs only) to meet all shifting charges and social costs. Provided, such assistance would not be provided to companies, banks, financial institutions & large shops having a carpet area of more than 2000 sq.ft. 12 Employees working in commercial establishments Rs.6,000/-(Rupees Six thousand only) p.m for 6 months for loss of livelihood for the employees working in the said commercial establishment for 3 years prior to acquisition. 13 Residential family Tenants They will provided a one time shifting allowance of Rs.30,000/-.( Rupees thirty thousand only) 14 Encroachers who live or run their business on puramboke File No.REV-B1/264/2017-REV land fora minimum period of 3 years preceding the date of 4(1) j notification of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or date of Preliminary Notification of the concerned Act as the case may be: 1. Rs. 5,000/- p.m ( Rupees Five thousand only) for 6 months. 2. Value of Structure/improvements on land valued as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 15 Place of worship. In addition to land and structural value, shifting charge of actual expenditure subject to a maximum of Rs. 1,00,000/- ( Rupees One lakh only) wherever necessary. m x a i o c o ^ i g p o a i l c u ^ o o e)ocn)1«j3oaj