RP946 V6 SCDP –Belgaum to Yargatti Resettlement Action Plan
Public Disclosure Authorized
GOVERNMENT OF KARNATAKA
PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT DEPARTMENT
Public Disclosure Authorized PROJECT IMPLEMENTATION UNIT
Loan Number -8022-IN
Public Disclosure Authorized KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT - II
STAGE-II
Resettlement Action Plan
for
Safe Corridor Demonstration Programme (SCDP) Stretch of SH-20 Public Disclosure Authorized from Belgaum to Yaragatti.
July 2014
i SCDP –Belgaum to Yargatti Resettlement Action Plan
TABLE OF CONTENTS Contents EXECUTIVE SUMMARY ...... 4 CHAPTER I – INTRODUCTION ...... 7
1.1 PROJECT BACKGROUND ...... 7 1.2 DESCRIPTION OF THE PROJECT ...... 7 1.3 PHYSICAL CHARACTERISTICS OF THE PROJECT AREA ...... 8 1.4 MAGNITUDE OF IMPACTS ...... 8 1.5 OBJECTIVES ...... 9 1.6 APPROACH TO RESETTLEMENT PLANNING ...... 9 1.7 RIGHT OF WAY AND CORRIDOR OF IMPACT ...... 9 1.8 ISSUES AND LIMITATIONS ...... 10 CHAPTER II - LEGAL FRAMEWORK AND RESETTLEMENT POLICY PROVISIONS ...... 11
2.1 RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 ...... 11 2.2 OP/BP 4.12 - INVOLUNTARY RESETTLEMENT ...... 13 2.3 OP/BP 4.10 - INDIGENOUS PEOPLE ...... 14 2.4 KARNATAKA HIGHWAY ACT 1964 ...... 14 2.5 COMPARISON OF NATIONAL AND KSHIP II POLICIES WITH WORLD BANKS IR POLICY...... 14 2.6 SCDP POLICY ...... 17 2.7 IMPACTS AND ENTITLEMENTS ...... 17 2.8 CORRIDOR OF IMPACT ...... 18 2.9 TARGETED SUPPORT TO VULNERABLE GROUPS ...... 18 2.10 OPTION AND CHOICES ...... 18 2.11 PRINCIPLES ...... 18 2.12 UPDATION OF THE ENTITLEMENT POLICY ...... 18 2.13 ENTITLEMENT MATRIX ...... 20 CHAPTER III: LAND ACQUISITION AND COMPENSATION PAYMENT ...... 26
6.1 LAND ACQUISITION...... 26 6.2 METHOD OF PRICE FIXATION ...... 26 6.3 VALUATION OF ASSETS ...... 26 6.4 ESTIMATION OF LAND REQUIREMENT AND PREPARATION OF LAND ACQUISITION PLANS ...... 26 6.6 COMPENSATION PAYMENT PROCESS ...... 26 6.7 KSHIP I NON PAYMENTS ...... 27 72. PAYMENTS NOT MADE UNDER KSHIP I WILL BE RESOLVED AS FOLLOWS: ...... 27 CHAPTER IV - SOCIAL IMPACT ASSESSMENT AND BASELINE SOCIO-ECONOMIC CHARACTERISTICS ...... 28
4.1 SOCIAL IMPACT ASSESSMENT ...... 28 4.2 CENSUS SOCIO-ECONOMIC SURVEY ...... 28 4.3 UPDATE OF CENSUS INFORMATION ...... 28 4.4 CUT-OFF DATE ...... 28 4.5 MAJOR AND MINOR IMPACTS ...... 29 4.6 CHARACTERISTICS OF DISPLACED HOUSEHOLDS ...... 29 4.7 VULNERABLE GROUPS ...... 30 4.8 GENDER ISSUES...... 31 4.9 TRIBAL ISSUES ...... 31
ii SCDP –Belgaum to Yargatti Resettlement Action Plan
4.10 SOCIO- ECONOMIC STATUS OF TRIBAL POPULATION ...... 31 4.11 IMPACT ON HOST POPULATION ...... 32 4.12 CONSULTATIONS AND FOCUS GROUP DISCUSSIONS ...... 33 4.13 POSITIVE IMPACT ...... 34 4.14 NEGATIVE IMPACT ...... 34 4.17 MITIGATION THROUGH POLICY CHANGES ...... 35 4.18 MAGNITUDE OF IMPACTS CULTURAL PROPERTIES AND CPRS ...... 35 CHAPTER V - IMPLEMENTATION ARRANGEMENTS ...... 36
5.1 INSTITUTIONAL ARRANGEMENTS ...... 36 5.2 SOCIAL DEVELOPMENT AND RESETTLEMENT CELL (SDRC) ...... 36 5.1 SDRC AND STAFF DEPLOYMENT ...... 36 5.2 PROTECTION OF ROW ...... 37 5.3 VALUATION OF OTHER STRUCTURES/ASSETS ...... 37 5.4 IMPLEMENTATION SUPPORT ...... 37 5.5 MONITORING ...... 38 5.6 INTERNAL MONITORING ...... 38 5.7 EXTERNAL MONITORING ...... 38 5.8 GRIEVANCE REDRESSAL COMMITTEE ...... 41 5.9 CAPACITY BUILDING AND TRAINING...... 41 5.10 ADMINISTERING THE PAYMENT OF R&R ASSISTANCE ...... 41 5.11 DEVELOPMENT OF VENDOR MARKETS ...... 41 5.12 INCOME RESTORATION MEASURES ...... 42 5.13 IMPACT CATEGORIES AND IR SCHEMES ...... 42 5.14 RECONSTRUCTION OF AFFECTED COMMUNITY STRUCTURES ...... 43 5.15 DATA BASE MANAGEMENT ...... 43 5.16 DISCLOSURE ...... 43 5.17 CO-ORDINATION WITH CIVIL WORKS AND CERTIFICATION OF COMPLETION ...... 43 5.18 IMPLEMENTATION SCHEDULE AND TIMING OF RESETTLEMENT ...... 44 5.19 CONSULTATIONS DURING IMPLEMENTATION ...... 46 5.20 BUDGET AND COSTS ...... 46 List of Table Table 1: Summary of Project Impacts ...... 8 Table 2: Comparison of the RFCTLARRA 2013, KSHIP II with the key indicators of the World Bank Policy and Gaps to be filled...... 15 Table 3: Entitlement Matrix ...... 20 Table 4: Distribution of PAFs by Major and Minor Impacts ...... 29 Table 5: SocioEconomic information for Major Impact ...... 30 Table 6: Socio -Economic information for Major Impact – Host Population ...... 32 Table 7:Summary of Focus Group Discussions and Consultation ...... 33 Table 8: Monitoring Indicators (including host population) ...... 39 Table 9: Financial Indicators for Progress( Including host population) ...... 39 Table 10:Monitoring Of GRC...... 41 Table 11: Project milestone Timelines ...... 44 Table 12: Milestone III Details, showing location of encumbrances ...... 45 Table 13: Implementation Schedule ...... 46 Table 14: Budget ...... 46 List of Annexure Annexure 1: List of Affected Persons ...... 48 Annexure 2: Minutes of the Meeting /attendance sheet for Vendor Market at Yargatti ...... 55 Annexure 3: Public Consultation Meeting Photos ...... 63
iii SCDP –Belgaum to Yargatti Resettlement Action Plan
Annexure 4: Yargatti Panchayat Resolution for Vendor market ...... 65 Annexure 5: Terms of Reference for Monitoring Consultants ...... 66
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ABBREVIATIONS AC Assistant Commissioner ADSW Assistant Director Social Welfare APL Above Poverty Line BP Bank Policy BPL Below Poverty Line CAO Chief Administrative Officer CPO Chief Project Officer CPR Common Property Resources COI Corridor of Impact DC Deputy Commissioner DPR Detail Project Report EWS Economically Weaker Section FGD Focus Group Discussion GOI Government of India GOK Government of Karnataka GRC Grievance Redressal Cell ID Identity Card IPDP Indigenous People Development Plan IR Income Restoration ITI Industrial Training Institute KHA Karnataka Highways Act KSHIP Karnataka State Highways Improvement Project LAA Land Acquisition Act LAO Land Acquisition Officer LAP Land Acquisition Plan NH National Highway NGO Non-Governmental Organization OP Operational Policy PAF Project Affected Family PAG Project Affected Group PAP Project Affected Person PIU Project Implementation Unit PGB Project Governing Body PWD Public Works Department PGB Project Governing Body RTC Record of Rights R & R Rehabilitation and Resettlement RAP Resettlement Action Plan ROW Right of Way SIA Social Impact Assessment SDO Social Development Officer SDRC Social Development Resettlement Cell SWI Social Welfare Inspector SC Scheduled Caste SR Schedule of Rates ST Scheduled Tribes SHG Self Help Group SIA Social Impact Assessment ToR Terms of Reference ZP Zilla Panchayat
1 SCDP –Belgaum to Yargatti Resettlement Action Plan
GLOSSARY OF RESETTLEMENT & REHABILITATION TERMS a. “Agricultural land” means lands being used for the purpose of :(i) agriculture or horticulture; (ii) raising of crops, grass or garden produce; and (iii) land used by an agriculturist for the grazing of cattle, but does not include land used for cutting of wood only; b. Assistance refers to the support provided to PAPs in the form of ex-gratia payments, loans, asset services, etc. in order to improve the standard of living and reduce the negative impacts of the project.
c. Bagar Hukum land means government land which has been allotted to a landless person/farmer by the Government decided through a Taluka level committee, without any legal title.
d. Gramathana Landis the area earmarked for the development of the village for residential purpose.1
e. Below poverty linebased on the Planning Commission figures for 2011-12 published in 2013, using the Tendulkar method of calculation is Rs. 902 per capita per month for rural area and Rs.1098 per capita per month for urban areas in Karnataka.For a family of five this will be Rs. 54,120 in rural areaand Rs. 65,880 in urban area.
f. Compensationrefers to the amount paid calculated according to the RFCTLARRA 2013 and paid under The Karnataka Highways Act, 1964 and The Karnataka Highways Rules, 1965,It refers to the amount as given in the Entitlement Matrix for the project.
g. Cut off Date: the date of Notification under Section 15 of Karnataka Highways will be the cut off date where the land acquisition will be required. In case of squatters and encroachers and unauthorized occupants the date of socio-economic survey will be considered as the cut off date for entitlements under the project.
h. Encroachers are those persons who have extended their building, business premises or work places into government lands. Assistance will be provided to these persons, based on their loss.
i. “Family” includes a person, his or her spouse, minor sons, unmarried daughters, minor brothers, unmarried sisters, father, mother and other relatives residing with him or her and dependent on him or her for their livelihood; and includes “nuclear family” consisting of a person, his or her spouse and minor children;
j. “Government” refers to the Government of Karnataka
k. “Land acquisition” or “”acquisition land” means acquisition of land under the Karnataka Highways Act, 1964;
l. “Marginal farmer” means a cultivator with an unirrigated land holding up to one hectare or irrigated land holding up to half hectare;
m. Major Impacts: are those persons who loose their total house or affectedhouse is not viable for living or loss of livelihood, or those who are marginal farmers or becomes marginal or landless.
n. Minor Impact: all other impacts which will belimited to one-time payment of cash or giving advance notice.
o. Minimum Wages: The wage of a person for his/her services/labour as fixed by the Labour Bureau, Department of Labour, GOK, the minimum wages for 2013-2014 is Rs.172.97 for agricultural labour..
1 Guidelines prepared for the Licensed Surveyors 2008 batch
2 SCDP –Belgaum to Yargatti Resettlement Action Plan p. Non-Perennial Crop: Any plant species, either grown naturally or through cultivation that lives for a season and perishes with harvesting of its yields has been considered as a non-perennial crop in the project. For example, paddy, sugarcane, groundnut, etc. q. “Notification” means a notification published in the Gazette of India, or as the case may be, the Gazette of State; r. Perennial Crop: Any plant species that live for years and yields its products after a certain age of maturity is a perennial crop. Generally trees, either grown naturally or by horticultural and yield fruits or timber have been considered as perennial crop in the project. For example, tamarind, coconut, mango, teak, neem etc. are perennial crops. s. Project Affected Family (PAFs) means- (i) a family whose primary place of residence or other property or source of livelihood is adversely affected by the acquisition of land for a project or involuntary displacement due to any other reason; (ii) any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land (including Bagar Hukum or other property such as Gramathana land) in the affected area of otherwise, has been involuntary displaced from such land or other property; (iii) any agricultural OR non-agricultural labourer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than three years in the affected area, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area or being involuntarily displaced for any other reason; t. Project-Affected Persons (PAPs), any persons who have economic interests or residence within the project impact corridor and who may be adversely affected directly by the project. Project- affected persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action. u. Replacement Cost of the acquired assets and property is the amount required for the affected house hold to replace/reconstruct the lost assets through purchase in the open market. Replacement cost will be calculated at PWDs current Schedule of Rates without depreciation. Replacement cost will be in line with the provisions of the Entitlement Matrix of the project. v. Severance of Land: Severance of Land can be defined of a land holding divided into two or more pieces due to acquisition of land mainly for laying new project alignment, such as a bypass or a re-alignment. w. “Small farmer” means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. x. Squatter means those persons who have illegally occupied government lands for residential, business and or other purposes. They are not eligible for compensation but will qualify for assistance from the project. y. Tenants are those persons having bonafide tenancy agreements, written or unwritten, with a private property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. They are eligible for certain compensation or assistance as per the existing norms and practice. z. Vulnerable groups: persons such as disabled, widows, or persons above sixty years of age, who are not provided or cannot immediately be provided with alternative livelihood and who are not otherwise covered as part of a family. aa. Women Headed Household: A household that is headed by a woman and does not have a male earning member is a Woman Headed Household. This woman may be a widowed, separated or deserted person.
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EXECUTIVE SUMMARY i. The Government of Karnataka intends to improve the institutional effectiveness of the road sector agencies to deliver effective and safe roads with comprehensive strategic and institutional measures to be evolved through ‘Safe Corridor Demonstration Program (SCDP)’ selecting two pilot corridors. With World Bank assistance, the PWD, together with the Home, Health, Education and Transport Departments will undertake a multi sectoral safety program on two pilot corridors. This RAP is for the section SH20 between the flyover Junction with National Highway (NH) 4 in Belgaum, and the junction with NH 13 at Hungund. The road safety initiatives taken up are; improving the engineering conditions, strengthening enforcement, enhancing road safety education and improving emergency medical response. The section covered has already been improved under the World Bank funded KSHIP I programme. ii. Census and socio- economic surveys were conducted on all the junctions where improvements are proposed. The census survey could not be conducted for all the families, as some of the families were not present, also in a few cases the families were located in a different village away from where the land is located. According to the census survey there are 226 PAFs and 552 PAPs. There are 10 women headed households. 3 Scheduled Tribe PAFs are identified. Of the total Project Affected Families (PAFs), major impact is on 122 families, of which 106 consist of non-title holders losing their commercial structures. iii. The Land Acquisition Plan has been completed. Land acquisition for the project is estimated at 2.34 1/4 acres of private land(Agricultural land 2.14 ½; Non Agricultural land 0.19 ¾). Of the 48 PAFS losing agricultural land there are 25 PAFs losingone gunta and less than one gunta of land. Maximum loss of agriculture land is 13 3/4 guntas. Of the 49 PAFS losing non agricultural land, 46 PAFs are losing one gunta and less than one gunta of land. iv. Focus Group discussions were held at various junctions.Detailed Consultations were held in Yargatti Town on 27.06.2014 and 14.07.2014 and junctions on 10.02.2014. Discussions and consultations were held with affected persons,Yargatti Panchayat members, KSHIP officers of Belgaum Division and the Police in Yargatti sub division. The main issues raised and discussed were (i) the need of road safety measures to be put in place as the accidents on the road has increased after the completion of KSHIP I road improvement ; (ii) the people whose lands are getting affected had no objection to the project, provided they were compensated based on market rates (iii) discussions were held at Belgaum junction and Bodigoppa where improvements have been suggested, to minimize impacts;(iv)discussions were held with affected persons in Yargatti Junction to explain the impacts of the project and get feedback on options on rehabilitation through provision for a common vendor market and to explore any other options for relocating squatters being impacted due to junction improvement. The consultations have helped in not only achieving the social assessment objectives, but also assisted in suggestions for mitigation of adverse impacts and facilitating inputs for the Entitlement Matrix for this Resettlement Action Plan. v. The GOK has a revised Resettlement and Rehabilitation (R&R) Policy for KSHIP- II. This Policy has now been updated for this project taking into consideration the new Right to Fair Compensationand Transparency in Land Acquisition and Resettlement and Rehabilitation Act 2013.The process of land acquisition will be through “The Karnataka Highways Act 1964”(KHA,1964). However the compensation and entitlement will be based on the Entitlement Policy given in this RAP, which has taken into consideration the entitlements as prescribed in the RFCTLARRA 2013.
4 SCDP –Belgaum to Yargatti Resettlement Action Plan vi. The Entitlements given for this SCDP in some cases is higher than that proposed under RFCTLARRA, such as that for subsistence allowance. In the RFCTLARRA the amount given is Rs. 36,000 per annum, while under this project the subsistence allowance is Rs.40,000. The SCDP recognizes squatters and encroachers which the RFCTLARRA does not.Some of the entitlements included in the Entitlement matrixare, compensation as proposed in the RFCTLARRA or through negotiation as per the Karnataka Highways Act 1964, with a provision of 25 % additional amount for consent award; 100% solatium for all land and asset acquisition; choice of annuity or employment for those who loose complete commercial structure for title holders; for tenants who are residing more than 3 years and do not own homestead land will get house construction allowance, according to conditions specified; transportation allowance upto Rs.50,000; one time resettlement allowance of Rs.50,000 and Rs.25,000 for the loss of cattle shed. All the rates will be revised annually with 10% increase on April 1, every year. vii. For squatters in Yargatti the construction of the vendor market will be completed by August 2015, and all the 106 affected persons which includes the host population will be shifted by September 2015, prior to handing over of the land to the contractor. In the event that the vendor market cannot be constructed, assistance to the squatters will have to be provided according to the Entitlement Matrix, prior to shifting them.All R&R and Land Acquisition will be completed by October 2015, which is the time of handing over of Milestone III. (All R&R and LA locations are in Milestone III). The Executive Engineer KSHIP Belgaum, with inputs from Monitoring consultant, will be responsible for certifying that payment for compensation and assistance is completed, before handing over Milestone III to the Contractor. He will also certify prior to handing over of the land in first two milestone that the lands are free of encumbrancesafter due verification. viii. This RAP will be implemented by Karnataka PWD-PIU Social Development Resettlement Cell. There will be dedicated staff of one Social Development Officer and two Social Welfare Officers, of which one will be a woman, in the KSHIP Belgaum office for implementation. The Special Deputy Commissioner assisted by the Assistant Commissioner LA will be responsible for land acquisition activities and the Chief Administrative Officer will be responsible for all Resettlement and Rehabilitation works. At the Division level the Executive Engineer KSHIP, Belgaum Division will be responsible for implementation of the RAP.The grievance redressal cell which has been already been constituted for Belgaum District will be for this project also, with representatives of affected persons form this project. An independent agency will be hired for Monitoring support. ix. The RAP provides the implementation schedule which is linked to the commencement of civil works. The civil works for the first and second milestone will commence in December 2014. There is no land acquisition in milestone I and II. Land acquisition is there in the third milestone, which will be made available to the contractor by October 2015. The R&R activities is concentrated in Yargatti Town, where there are 61 PAFs who are non-titleholders who will be shifted to a vendor market which will be constructedunder the project and another 45 non-titleholders who are the host population getting affected in the area where the vendor market will be constructed. The RAP will be implemented over a period of 1year starting from the date of its approval by GoK. Implementation activities include land acquisition and compensation payment, relocation and rehabilitation. x. The estimated total budget for the implementation of RAP is Rs. 13.58 Crore. xi. The RAP Executive summary and the R&R policy will be translated in Kannada and disclosed through public consultations. Disclosure meeting was held on 14.8.2014 at Yargatti. The Draft RAP has been disclosed on the KSHIP, Government of Karnataka website. In addition, copies will be kept in: (i) State Government Library at Bangalore; (ii) –Belgaum District library and (iii) in the Panchayat
5 SCDP –Belgaum to Yargatti Resettlement Action Plan offices along the project roads. The RAP document willalso be available at the World Bank Info Shop at Washington DC and New Delhi as per the Disclosure Requirements of BP 17.50 of the WB.
6 SCDP –Belgaum to Yargatti Resettlement Action Plan
CHAPTER I – INTRODUCTION
1.1 Project Background 1. The Government of Karnataka intends to improve the institutional effectiveness of the road sector agencies to deliver effective and safe roads with comprehensive strategic and institutional measures to be evolved through ‘Safe Corridor Demonstration Program (SCDP)’ selecting two pilot corridors. With World Bank assistance, the PWD, together with the Home, Health, Education and Transport Departments will undertake a multi sectoral safety program on two pilot corridors.
2. The road safety initiatives taken up on these demonstration corridors are; improving the engineering conditions, strengthening enforcement, enhancing road safety education and improving emergency medical response. ‘Engineering Corrections’of the two corridors will be taken up as per International Road Assessment Programme, (iRAP) recommendations to achieve a minimum of three- star rating (taken up by KSHIP,PWD).The corridors have been identified and an iRAP study has been carried out on them. This corridor, in the north of the State, is a 186km length of SH20 between the flyover Junction with National Highway (NH) 4 in Belgaum, and the junction with NH 13 at Hungund.
3. Vic Roads Consultants submitted a report in August 2012 with a summary of the conclusions that have been based on the inspections of the SCDP corridors as to which engineering actions, identified in the iRAP studies, might best be pursued to produce the maximum safety benefit to the corridors concerned.From the review undertaken of the SCDP corridor on the SH20, it was suggested that the 62km Western Section, from Belgaum to Yaragatti (Km 0.000 to Km 56.343) of link 1K (KSHIP-I) and part of Yaragatti to Lokapur (Km 38.950 to Km 44.358) of link 1J (KSHIP-I), provides a variety of road safety challenges for a Safety Corridor program, that remains representative of the originally proposed 180+ km length.
4. The Junction improvements will take place between Belgaum to Yargatti, which has been widened and improved under the Karnataka State Highways Improvement Project I.
1.2 Description of the project 5. The project is in Belgaum district covering 3 taluks – Bailahongal, Belgaum and Saundatti. There are 9 villages in Bailahongal, 11 in Belgaum and 7 in Saundatti which will come under the project area. The highway connects Kuduchi, Mutaga, Sambra, Marihal, Nesargi, Yaragatti and ends at Soppadla village. 6. The existing Right of way (ROW) varies from 20 m to 30 m. The sensitive accident spots observed are mainly at junctions and built-up areas where pedestrians are at high risk. Also at Km 8.329, where a temple is located at the ridge point of the road (both approaches at 4.5% grade) and there is no extra carriage way width available for parking of vehicles and observed road side commercial activities. 7. The project has identified the safety concerns on the road and has proposed suitable designs to address the same. The project covers junction improvement of 14 major junctions and 29 minor junctions, 2 truck parkings, 2 passing zones, one bridge improvement and one signalised 4 leg major junction.
7 SCDP –Belgaum to Yargatti Resettlement Action Plan
1.3 Physical Characteristics of the project area 8. The project road rises a short distance from the town of Belgaum from a plain land up a hill through a steep ghat-section on to a rolling country sloping eastward. Then it follows an easterly direction along the valley side of the Malaprabha River and then the valley side of the Ghataprabha River Later it follows the water-divide between the Ghataprabha in the north and the Malaprabha in the south for some distance beyond Bagalkot. Undulating nature of the terrain all along this road corridor demands careful maintenance of road drainage to prevent erosion.
9. The Existing road has 2-lane carriageway width with 1.0m paved shoulder on both side and four lane divided carriageway (7m+7m) at Yaragatti and three lane undivided(10.5m) at near Belgaum.. The project highway predominantly passes through plain and in rolling terrain. Many stretches have S- type and broken back curves. The pavement type all along project corridor is flexible.
10. In general the road runs through mainly rural areas, mixed nature with presence of agricultural, vacant land and interspersed built-up area with intersections which lead to small villages and hamlets. The traffic on this road is mostly cars with slow moving farm vehicles using the road for local access. There are motorized two wheelers which are mostly used by local people to ply short distances between or within the towns. Government buses (public transport) also use the highway for inter-town and long distance travel services.
11. Some part of the project corridor traverses through Hill section, starts at Hanumanatti village and ends at Karidiguddi village from Km 35.800 to 38.800 (approx. 3.0km) with maximum grade of 5-6%. In this stretch road passes through various sharp curves, hair pin bends. There are no proper sign boards at the curves and safety measures during night.
1.4 Magnitude of impacts 12. The overall objective of the project is to provide for safe travel for passengers and pedestrians along this corridor. The outcome of the project is beneficial to all using this corridor. However, the proposed project will have localised negative impacts at the major junctions where land acquisition will be required and where improvements and widening will impact petty shops and other commercial/ vendor activity.
13. There are 48 PAFs who will loose a part of their agricultural land. Of these 25 PAFs are losing one gunta and less than one gunta of land. The maximum loss of is of 13 3/4 guntas. There are49 PAFS who are losing Gramthana land of which 46 are losing one gunta and less than one gunta of land.The project impacts are as follows:
Table 1: Summary of Project Impacts
Sl. Impact Extent No. 1. Total Private Land to be acquired 02.34 1/4 Acres (2.14 1/2 acres agricultural land; 0.19 3/4 Nonagricultural land 2. Total PAFs 226* 3. Total PAPs 552 ** 4. Families Affected in KSHIP in who have not received 1 payment 5. Squatters - 106 6. Titleholders 113
8 SCDP –Belgaum to Yargatti Resettlement Action Plan
Sl. Impact Extent No. 7. Tenants 6 7. Titleholder PAFs needing relocation 0 *Note: There are a few cases where a single PAF is losing more than one survey number. The household scheduled filled is only one for such cases. ** This number will change, after the census survey for all the households are updated.
1.5 Objectives 14. This Resettlement Action Plan (RAP) is project specific RAP, which outlines the extent of impacts due to junction improvements on communities and the mitigation of the potential impacts. It details necessary implementation procedures for resettlement and rehabilitation. This RAP is prepared in accordance with the stipulations and guidelines provided in the Policy Framework for the Karnataka State Highways Improvement Project –II, The Right to Fair Compensation and Transparency in Land acquisition and Resettlement and Rehabilitation Act 2013 and World Banks Involuntary Resettlement Policy OP 4.12. The objective of this RAP is:
a. To Identify adverse impacts and determine how they could be overcome or substantially mitigated; b. To present the entitlements for the affected persons for payment of compensation and assistance for establishing the livelihoods and ; c. To present an action plan for the delivery of compensation and assistance in accordance with the policy adopted for the project. d. To prepare an action plan for the project affected people for improving or at least retaining the living standards in the post resettlement period.
1.6 Approach to Resettlement Planning 15. During the census survey it was seen that junction improvement will have impact on non agricultural plots (gramathana), businesses and agricultural land. The impacts arelargely at Yargatti Junction. Improvement work will require land acquisition. Most features of the RAP with regard to implementation and institutional mechanism will follow that of the KSHIP II, including the process of acquiring land through the KHA 1964. This document highlights the changes and additions in entitlement matrix due to the RFCTLARRA 2013.
16. The RAP is prepared to ensure that: a. The displaced persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project; b. Displaced persons are: (i) provided assistance (such as shifting allowance, transition allowance, economic rehabilitation grant etc.) during relocation; and (ii) provided with residential housing, or housing sites, or, as required compensated for agricultural sites; c. To ensure that displaced persons are : i) offered support after displacement, for a transition period, to restore their livelihood and standards of living; (ii) provide with development assistance in addition to compensation measures, such as credit facilities, training, or job opportunities; and (iii) at least improving or retaining the living standards in the post resettlement period.
1.7 Right of Way and Corridor of Impact 17. The Right of Way is the lawfully acquired corridor of public land owned by the State Government and administered by the PWD for the transit of the existing road. The preparation of the Land Acquisition Plan is being done through the verification of land records for the ownership of
9 SCDP –Belgaum to Yargatti Resettlement Action Plan land.Though the road was covered under KSHIP I, during the social survey under this project squatters were again identified, within the COI.
18. For this project, preparation of RAP associated with displacement is limited to the junctions only. The corridor of impact is the width required for the actual improvement works, including medians, shoulder, embankments and drains. Within this corridor there should be no structures or hindrances. The objective of social input to project design is to ensure that the corridor of impact is reduced, within acceptable design principles and standards, to minimise displacement and other project impacts. Those affected between the Corridor of Impact and Right of Way during the lifetime of the project will be assisted in line with this project Entitlement Policy, if they are required to be affected for any additional work required for this project.
1.8 Issues and limitations 1. In the census survey conducted, one PAF, Muchandikar Lakshman Kallappa, was identified who was yet to receive compensation for the land lost under KSHIP I. the PIU will ensure that compensation for land acquired under KHSIP I is now paid calculated based on the provisions of the RFCTLARRA 2013. The PIU will get consent of the affectedperson, that he is willing to part with his land a second time, without having received compensation as yet for the previous land lost to the project. This matter will be resolved before land acquisition process is initiated. 2. Also the census survey took into one family per survey number as available for those loosing agricultural land. At this stage we do not know who exactly will be losing land, as more than one family is listed in the RTC. The actual land looser will be identified after the issue of 19 Notification of the KHA Act. This problem does not arise in the case of those losing non- agricultural land. 3. The Census could not be done for all the households as in some cases the family members were not present; also in some cases the families whose lands were being affected lived in a different village far away from the road. 4. One vendor market is required at Yargatti Town to accommodate about 61 squatters, getting affected due to junction improvement and another 45 squatters who will be affected in the area where the vendor market will be set up.Detailed consultations have been held with the affected families, host population and Yargatti Panchayat regarding this. The Panchayat has agreed to provide land for the construction of Vendor Market near the bus stand. The cost estimates for the vendor market has been included in the RAP. Details on the consultations and the process followed in identification of the area of the vendor market have been given in Chapter IV.
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CHAPTER II - LEGAL FRAMEWORK AND RESETTLEMENT POLICY PROVISIONS
19. This chapter provides an overview of the applicable policy and Acts for the Project.The Policies applicable to this project are the Policy Framework for Karnataka State Highways Improvement Project –II, The Karnataka Highways Act 1964,theRight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013and The World Bank Policy on Involuntary as given in Operational Policy 4.12.
2.1 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 20. This is a new Act which will regulate land acquisition and provide rules for granting compensation, rehabilitation and resettlement to the affected persons in all projects in India. The Act provides for fair compensation to those whose land is taken away, bring transparency to the process of land acquisition and assure rehabilitation of those affected. The Act will replace the Land Acquisition Act, 1894, has come into force from 1 January 2014.The aims and objectives of the Act include: To ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution of India, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families. Provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition. Make adequate provisions for such affected persons for their rehabilitation and resettlement. Ensure that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.
21. The Act defines affected families as: (i) a family whose land or other immovable property has been acquired; (ii) a family which does not own any land but a member or members of such family may be agricultural laborers’, tenants including any form of tenancy or holding of usufruct right, share- croppers or artisans or who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land; (iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of land; (iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land; (v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition; (vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land;
22. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I.Schedule III of Act proposes additional amenities over and beyond those outlined above. Schedule III proposes that the Acquiring Body shall provide 25 additional services to families affected by the land acquisition. Some examples of the 25 additional services include schools, health centers, roads, safe drinking water, child support services, places of worship, burial and cremation grounds, post offices, fair price shops, and storage facilities.
23. Clause 100 of the Act proposes the given entitlements as minimum. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed by RFCTLARRA.
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The main features of the Act are:
(i) Acquisition for public purpose 24. The Land Acquisition Bill of 1894 facilitated the government to acquire private land for use for public purposes, or acquire land for companies proposing to utilize the land towards a public purpose. The new Act defines public purpose more specifically as compared to the earlier Act thereby reducing scope for different interpretations. The new Act does not allow any change in purpose after acquisition.
(ii) Social Impact Assessment mandatory 25. In the new Act the SIA is mandatory. It prescribes the need for a Social Impact Assessment by the Gram Sabha or an equivalent body in urban areas as part of the preliminary investigations for the land acquisition. The SIA will assess public purpose, minimum extent of land required, estimation of displacement and social impact on affected families including costs. The SIA will be appraised by an Expert Group. No land acquisition shall be initiated unless SIA is approved by the Expert Group.
(iii) Specific time lines for SIA 26. The new Act provides specific timelines for implementation. The timelines are: (i) Social Impact Assessment – 6 months (ii) Appraisal by Expert Group – 2 months (iii) Examination by Appropriate Government and Preliminary Notification – 12 months from the time of submission of Expert Group Report. (iv) Objections to be given within 60 days of Preliminary Notification (v) Public hearing to be conducted after Preliminary Notification (vi) Draft Declaration and R&R Scheme to be done after Public hearing, time taken from Preliminary Notification draft declaration – 12 months (vii) Compensation amount to be paid 3 months from award and R&R amount within 6 months (viii) infrastructure amenities to be provided within 18 months from award.
27. The process will lapse in case no land acquisition notification happens after twelve months of the EG report. Further, the R&R award should be made within twelve months from public declaration of the R&R scheme. Such a timeline is however extendable by the appropriate Government by another twelve months if deemed necessary.
(iv) Retroactive Clause 28.The new act protects those losing land under the retroactive payment under Clause 24. In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation, rehabilitation and resettlement shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
29. In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
30. Also where an award has been made and compensation in respect of a majority of land holdings has not been accepted, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.The benefit of the retroactive clause will ensure that projects are implemented with minimum delays.
32. Under the new Act the entitlements and procedure of calculation of the compensation will ensure that compensation for land will be based on the calculation of market value. The highest of the 3 calculations as given below will be adopted. (a) the market value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) consented amount of compensation as agreed upon in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:
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33. The date for determination of market value shall be the date on which the notification has been issued under Section 11.The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas.
(v) Payment of solatium 34. The Act stipulates a solatium equal to 100 percent of the market value of the property including value of assets.
(vi) Payment of Resettlement and Rehabilitation assistance 35. Thenew Act provides resettlement assistance for all those who are losing livelihood due to land acquisition. The Act in Clause 100 proposes the given resettlement entitlements as minimum. The state governments of India, or private companies, may choose to set and implement a policy that pays more than what is proposed in the Act.
(vii) Restrictions on acquisition of irrigated multi-cropped land 36. In order to safeguard food security, the Act restricts any acquisition of irrigated multi-cropped land except for exceptional circumstances. An equivalent area of culturable wasteland or land value has to be deposited with government in the case of such an acquisition.
(viii) Multiple displacements 37. The Act under Section 40 provides additional benefits for those with multiple displacements, additional compensation equivalent to that of the compensation determined will be paid for second or successive displacements
(ix) Formal and transparent mechanism for R&R implementation prescribed 38. The Act has outlined a structured institutional framework at the Centre, State and Project level to carry out the acquisition and R&R : (i) at the Central level is the National Monitoring Committee (ii) at the State level there the State LA and R&R Authority, Committee constituted by appropriate Government and State Commissioner R&R (iii) at the Project level is the District Collector, Administrator R&R and R&R Committee.
39. Overall The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act provides a framework in which the interest of the land looser is protected. The Act also empowers the government to some extent for defined purposes in order to support infrastructure development and industrialization. The new Act also increases the overall cost and time required for land acquisition, thereby compelling project owners towards more efficient utilization of land. How the Act will work is yet to be seen.
2.2 OP/BP 4.12 - Involuntary Resettlement 40. World Bank addresses Involuntary Resettlement with its Operational Policy 4.12. The important clauses of the World Bank Policy in preparation of resettlement plan and policy framework includes the following: (a) Ensure that the displaced persons are informed about their options and rights pertaining to resettlement; (b) Consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; (c) Prompt and effective compensation at full replacement cost for losses of assets; (d) Provide assistance and allowances; (e) Provide equivalent productive assets for the loss of residential house, agricultural land etc.; (f) Provide support for the transition period (between displacement and livelihood restoration); (g) Provide land related development assistance (credit facilities, training and job opportunities); (h) Preference should be given to land based resettlement strategies for displaced persons whose livelihoods are land-based; (i) Cash compensation level should be sufficient to replace the lost land and assets at full replacement cost in local markets;
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(j) Eligibility of Benefits include, the PAPs who have formal legal rights to land (including customary and traditional land rights recognised under law), the PAPs who don't have formal legal rights to land at the time of census but have a claim to such land or assets and the PAPs who have no recognisable legal right to the land they are occupying; (k) Particular attention will be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, landless, elderly, women and children, ethnic minorities etc; (l) The displaced persons and their communities will be provided timely and relevant information, consulted on resettlement options, and offered opportunities to participate in planning, implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms are established for these groups
41. IR policy details the requirement of a resettlement policy inclusive of all the above points. It also requires that a project prepares a SIA and RAP.
2.3 OP/BP 4.10 - Indigenous People 42. OP/BP 4.10 directive provides policy guidance to: a) ensure that indigenous people benefit from development projects, and b) avoid or mitigate potentially adverse effects on indigenous people, tribes, ethnic minorities, or other groups. It provides directives for preparation of indigenous people development plan (IPDP). The pre requisite for successful IPDP includes: Prepare a plan based on people's choice; Avoid or mitigate adverse trends; Development activities adaptable to the needs and environment of indigenous people; and, Encourage early handing over of project management to local people.
43. The OP 4.10 elaborates the contents and the component of the IPDP. The World Bank expects that the IPDP needs to be implemented separately untied with the primary project's objectives. Appropriate existing institutions, local organizations and non-governmental organizations (NGOs) with expertise in matters relating to indigenous people should implement the plan. The IPDP for indigenous people should include: (i) Assessment of legal framework; (ii) Baseline data; (iii) Land tenure; (iv) Strategy for local participation; (v) Technical identification of development or mitigation activities; (vi) Institutional capacity; (vii) Implementation Schedule; (viii) Monitoring and evaluation; and,(ix) Cost estimates and financial plan.
44. An IPDP is not required for this project at this stage. An IPDP will be required only the above pointsare triggered.
2.4 Karnataka Highway Act 1964 45. In addition to the above measures, realizing the need of infrastructure development like roads in timely manner, the PWD GOK has decided to acquire the land in KSHIP –II through the “The Karnataka Highways Act 1964”(KHA,1964) instead of using the Land Acquisition Act of 1894. Chapter III on Land Acquisition and Compensation Payment discusses the KHA. The process of compensation is further elaborated in Chapter III and this is now replaced with the provisions of RTFCTLARR Act. .
2.5 Comparison of National and KSHIP II Policies with World Banks IR Policy 46. A comparison has been made with the RFCTLARRA, KSHIPII policy and the World Banks IR Policy. The RFCTLARRA regulates land acquisition and provides rules for granting compensation, rehabilitation and resettlement to the affected persons in all projects in India. It provides a systematic approach to address resettlement issues in India and significantly closes the gaps with the IR Policy of World Bank. The KSHIP II policy will be updated underthis project to address gaps in the existing policies which are relevant for the project.
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Table 2: Comparison of the RFCTLARRA 2013, KSHIP II with the key indicators of the World Bank Policy and Gaps to be filled World Banks RFCTLARRA 2013 KSHIP II Policy Gaps to be IR Policy filled
1 Compensation The new bill provides the market value with a to be paid at detailed calculation of market value which, includes Replacement (i)value of land to be determined as Cost provided under section 26 plus ;
(ii) Factor by which the land value based on calculation under Section 26 is to be multiplied in the case of rural area is 1 – 2 based on distance of the project from urban area, as may be notified by the appropriate Government. And by a factor of 1 for urban areas, plus (iii) Value of assets attached to land or building under section 31plus Solatium Equivalent to 100% of the market value of Land, multiplied by the factor specified for urban and rural areas.
3 Compensation Under second schedule it is mentioned Addresses Unit costs and resettlement entitlement will benefit families whose squatters and are updated. assistance to livelihood is primarily dependent on land acquired, encroachers be extended which include tenants/sharecroppers, agricultural to all those laboures. However, there is no reference to affected squatters and encroachers irrespective legal status
4 Cut -off Date Those living 3 years prior to acquisition will be The date of considered for benefits. census survey is considered as the cut off date
5 Additional payment for those families facing The multiple displacement compensatio n will be paid at two times.
6 Where award for a previous project has been made Compensati and land not acquired for 5 years the land goes on will be back to the land owner. Where award has been paid as per made and the amount has not been deposited in RTFCTLAR the court the compensation has to be calculated R Act based on the New Land Act provisions
7 Social Impact The bill proposes preparation of SIA study under Social Assessment Chapter 2, Section 4. Assessment (SIA) Report is prepared
to identify the impacts, risks
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and views of potential project- affected persons and
communities
5 Preparation of Provision for preparation of Rehabilitation and RAP is prepared a Resettlement Scheme under section, which is similar to RP. Resettlement plan and Census Survey to address adverse IR impacts.
6 Consultation Proposed in different sections throughout the bill, with affected Section 17, para 4, Section 4 para 1 to give a few persons instances.
7 Disclosure of Provisions for disclosure is there -Publication of involuntary SIA study under Section 6, Publication of the Rehabilitation and Resettlement Scheme under Resettlement section 19 information to stakeholders
8 All Possession of land is after the collector ensures full All compensation compensation payment of compensation as well as resettlement to be paid before to be paid benefits to be paid within 3 months for start of civil works prior to compensation or 6 months for other benefits from displacement the date of award. andthe commenceme nt ofcivil work.
9 Special There are specific provisions for scheduled Castes Covers other assistance for and Scheduled Tribes under Section 42, plus groups such as vulnerable additional benefits as given in Second Schedule women headed households. house holds
10 Other Provisions for all allowance given in Second Allowance Schedule. such as subsistence/ transition, shifting allowance
11 Livelihood Provides for training and livelihood restoration restoration measures under Second Schedule which also includes a job in the project activities if the scope is
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available.
12 Grievance The bill has a detailed grievance mechanism Redressal proposed at all levels starting from the gram sabha Mechanism. upto the Government level.
13 Monitoring Monitoring is only proposed at the national level. Regular monitoring at the project level is proposed.
47. Taken together, The KSHIP Policy will establish near equivalence of World Banks IR Policy. Adoption of the above principles for the project would ensure that the policies would mesh in their application to this project.
2.6 SCDP Policy 48. Based on the existing Acts and Polices applicable to the project, the Project Specific Entitlement matrix which is based on the KSHIP II policy has been updated, taking into consideration the recommendations of the RFCTLARRA 2013.
2.7 Impacts and Entitlements 49. This policy addresses the direct and indirect impacts of project construction and operation on affected persons, families, households, communities, and groups. The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Mitigation is provided through compensation and assistance to project-affected persons, families, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework adopted by the project. The policy provides mitigation for: loss of assets, including land and house or work place; loss of livelihood or income opportunities; and Collective impacts on groups, such as loss of community assets, common property resources, and others. 50. Loss of assets and livelihood are impact categories that represent direct project impacts on an identified population. The people likely to be affected will be surveyed and registered, and project monitoring and evaluation will compare long-term impact against baseline socio- economic data. Collective impacts on groups represent direct and indirect impacts. There is one shrine, in this project that is likely to be impacted, but during construction it will be seen whether it can be retained. If not, then it will be replaced by the project in consultation with the people who use it, in an appropriate location identified by them. The GOK from time to time will make amendments in this policy as and when required.
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2.8 Corridor of Impact 51. Right of Way is the lawfully acquired corridor of public land owned by the State Government and administered by the PWD for the transit of the existing road. Displacement under the project will be limited to the corridor required for improvements. This corridor is referred to as the Corridor of Impact. Within this corridor, there should be no structures or other hindrances. The advantage of this approach is that such a corridor is easier to maintain free of encumbrances than the full Right of Way. Where the COI is beyond the RoW land acquisition will be required. In this project, even though this road was upgraded under KSHIPI, during the census survey it was seen that there were squatters and encroachers in the COI.
2.9 Targeted support to vulnerable groups 52. The project will develop target assistance for groups such as women-headed households, disabled, widow and persons above the age of 60 years. Attention will be given on a case by case basis, with regard to their rehabilitation, livelihood, educational opportunities, vocational training, etc.
2.10 Option and Choices 53. The project will provide options and choices among different entitlements to the affected population. As part of the project consultation and participation mechanisms, people will be informed and consulted about the project and its impacts, and their entitlements and options. The affected population will be counselled so that they are able to make informed choices among the options provided.
2.11 Principles 54. This policy is based on the principle that the population affected by the project will be assisted to improve their former living standards. The policy emphasizes that involuntary resettlement will be avoided or minimized where possible by exploring other alternative project designs. Where displacement is unavoidable, people loosing assets, livelihood or other resources shall be assisted in improving their former living standards. The policy document describes the details of entitlements and type of assistance to be extended to the affected persons, which will become the basis for preparing a detailed and time bound Resettlement Action Plan (RAP). The RAP will contain the implementation details on how to ensure that principles and provisions of this policy can be implemented. The Resettlement Action Plan will describe the approach to be followed in minimizing and mitigating negative social and economic impacts caused by the project, including displacement.
55. This policy identifies categories of expected project impacts, including loss of property and assets, loss of livelihood, and other social and economic impacts on groups and roadside communities. All people, households and groups adversely affected by the project would be registered and support will be given in accordance with these policy provisions.
2.12 Updation of the Entitlement Policy 56. Taking into considerations the provisions of the RFCTLARRA 2013, the rates given in the KSHIP II will be revised.However if the rates given the KSHIP Policy is higher, then those will be retained taking into consideration a 10 % increase of the rates compared to the 2010-11 rates.The changes to be incorporated in the Entitlement Matrix for this project will include a.The provisions of the new Act bill include a retroactive clause, in Section 24 will apply in the following cases: a. If no award has been made under Section 11 of the LA Act 1894, then the new Act will apply; b. Where an award under Section 11 has been made 5 years or more prior to the commencement of this Act, where physical possession has not taken place OR compensation not paid the said proceedings shall have deemed to have lapsed and the new Act will apply. c. Also where award has been made and the deemed amount for the majority of the beneficiarieshas not been deposited in the account of the beneficiaries then the new Act will apply
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d. Where possession has not taken place or compensation not paid due to process in the court of law,the period spent under litigation shall also be taken to account for lapse of 5 years, the application of the new Act. 57. The project based on KSHIP II experience, has been recognised and those living on Gramthana land. Persons who are residing on Gramthana land and have invested in building their house/structure, compensation will be paid for the affected portion of the structure and R&R benefits will be extended similar to title owners. 58.The entitlements and procedure of calculation of the compensation will ensure thatcompensation for land will be based on the calculation of market value. Of the 3 mentioned calculations whichever is higher, will be taken and the date for determination of market value shall be the date on which the notification has been issued under Section 11. The replacement value calculated will be multiplied by a factor of 1 for urban areas and 1-2 for rural areas depending on the distance from the urban area.The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets. Thus for urban areas the minimum negotiated value will be 2 times the guidance value and for rural areas it will be 4 times the guidance value.
59. In case of multiple displacement compensation twice the calculatedamount will have to be paid. By displacement it is understood as where one has to be physically relocated again. Based on our survey no such case was identified for this project.
60. If alternate Government land is not available for squatters loosing house – the cost of construction of house at Rs.1,50,000and the cost of site at Rs.40,000 will be made available to the squatter.
61. The minimum size of house of in rural area shall be as per Indira Awas Yojana. In urban areas,plinth size will be not less than 50 sq mts. However the size of houses as given in the KSHIP Policy will be retained for this project
62.Construction allowance of a minimum of Rs.1,50,000, per family in urban area if the family opts not to take the dwelling unit provided by the project. In rural areas it will be the cost equivalent of the constructed house which is Rs1,50,000, based on the Indira Awas Yojana program.
63. Choice ofannuity or employment – the following options are to be provided: (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 Rs.5,00,00.00 per affected family; or (c) annuity policies that shall pay not less than Rs.2000.00 per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. This will be provided only to those who loose one hectare of unirrigated land or half hectare of unirrigated land and those who loose their complete commercial structure.
64. Other assistance includes: (i) Subsistence allowance will be a minimum of Rs.3000 per month for one year. In case Scheduled Castes or Scheduled Tribes displaced for Scheduled area such families shall receive Rs.50,000. The subsistence allowance for SCDP will be proposed at Rs.40,000, taking into consideration a 10% increase from the rates given in 2010-2011 (ii) One time Transportation allowance of Rs. 50,000. (iii) One time assistance of Rs.25,000 for cattle shed (iv) Families who are small traders, artisans or self-employed who own non-agricultural land and are displaced, a onetime grant of a minimum of Rs.25,000. (v) Each family will get one time resettlement assistance of Rs.50,000. (vi) For non –titleholders shifting allowance will be revised from the existing rate of Rs. 5000 to Rs. 20,000. (vi) The construction cost for non-titleholders house will be Rs.1,20,000, linked to progress of construction. (vii) For vulnerable groups one time lump sum assistance of Rs. 40,000 among titleholder and those on gramthana land and Rs.20,000 for non-titleholder. Additional benefits to SC ST
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according to the RFC TLARRA. This will be restricted to those who have no one or cannot be provided with alternative resources.
2.13 Entitlement Matrix 65. The entitlement matrix will guide to offer compensation and assistance to those persons affected by the project. The detailed entitlement matrix for the project is given in Table 3
Table 3: Entitlement Matrix
Impact No Entitlements Remarks category I. Title Holders (a) Loss of land 1. Compensation through Higher of (i) minimum value negotiation as per Karnataka as per registered sale State Highway Act, 1964 and deeded; (ii)average sale as modified or as per the price for similar land provisionof RTFCTLARR Act, ascertained from the 2013. highest 50% of sale deeds 2. Amount equivalent to current of the preceding 3 years or stamp duty and registration consented amount in case charges on compensation land has been acquiredfor amount for replacement of lost PPPs or private companies assets; If land owners comes 3. Additional25% forward for negotiated compensation(of the actual settlement an additional25 land value) in case remaining %of compensation will be land is severed; paid2 . 4. Loss of perennial crops and Solatium equivalent to 100 non-perennial crops will be % of the value of assets compensated in accordance attached to the land. with Horticulture department Bagar Hukum land losers valuation process; are those whose 5. A grant of Rs. 25,000 for application is pending for replacement of Cattle shed; disposal with Competent 6. Water yielding bores will be Authority (Tahsildar) and replaced in the remaining land are cultivating the affected holding subject to availability lands at the time of of water; in case water is not acquisition. A certification available the replacement of from Tahsildar is required the bore well will be provided. for such applicants to 7. In case of affected Bagar receive applicable hukum land owners, entitlements. compensation will be paid All taxes including income similar to landowners tax if any, will be borne by 8. In case land owners become KSHIP/KRDCL. marginal farmer, landless or Difference amounts will be those who are already paid, if required in cases marginal, the following where compensation paid entitlement will be provided: by consent agreement after (a) Subsistence Allowance
2 The multipliedfactor adopted by GoK for distance from urban area to the affected area will be applied.
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Impact No Entitlements Remarks category ofRs.40,000/-,(b) Assistance January 01, 2014 and prior of Rs.1,00,000/- for creating to the Government order for Income Generating Assets this updated Framework. and (c) Training assistance. . 9. Annuity /Lump sum or employment benefits as per schedule 2 of RTFCTLARR Act, 2013, will be provided if the land owners loose one hectare of un-irrigated land or half a hectare of irrigated land. 10. Compensation for land includes compensation for all assets attached to land. 11. In case of those who lose a narrow stretch of land and not eligible for any R&R benefits will be offered additional allowance as follows:- (a) Loss of land upto 5 guntas Rs.30,000/- (b) Above 5 upto 20 guntas Rs. 40,000/- (c) Above 20 guntas Rs. 50,000/- 12. An additional amount of 12% per annum on the compensation amount will be paid as interest from the date of publication of preliminary notification toAward announcement. (b) Loss of 1. Compensation at current PWD In case more than 25% of Residential scheduled rates without house is affected and structures depreciation with Solatium unviable for retaining, full equivalent to 100% of the compensation will be paid. value. Resettlement colonies will 2. In case of total loss of house be developed if more than in rural areas, a constructed 20 families are displaced in house shall be provided as 2 Kms continuous stretch3 per the Indira Awas Yojana or and facilities in line with the other Government program provisions of Schedule 3 of houses specifications OR a RTFCTLARR Act, 2013 will construction cost of Rs. be provided. 1,50,000 will be offered if the The maximum plot size will affected family opts not to take be equivalent to size of369 a house; sqmt/1200sqft in rural area 3. If a house is lost in urban and 184 sqmts /600 sqft in areas, a constructed house urban areas. shall be provided based which Alternative house will be
3 Resettlement sites will have infrastructure facilities as given in Schedule III of the RFCTLARRA.
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Impact No Entitlements Remarks category will be more than 50Sq.meters offered those who are or if the affected family prefer residing in the project for 3 not to opt for a house, they years prior to first will be provided with Rs. notification and do not have 2,00,000 will be offered. 4. Shifting assistance of Rs. homestead land. 50,000 Those who are residing for 5. Subsistence allowance of Rs. less than 3 years and do not 40,000. possess homestead land 6. Resettlement assistance of will be given, 50% of the Rs.50,000. above cash amounts 7. In case of those who have towards arranging homestead lands, Rs. 50,000 alternative housing. will be provided towards site People have right to salvage development. the affected materials. 8. Additional 25% structure No family affected by compensation for partially acquisition shall be given affected structures towards more than one house. reconstruction of houses.
(c) Loss of 1. Compensation at current Shopping units with 100-150 commercial PWD scheduled rates without sq.ft will be constructed if structures depreciation, with Solatium more than 20 shops are equivalent to 100% of the affected in a continuous value. stretch of 2 kms, in lieu of 2. Shifting assistance of Rs. Income generation asset 50,000 support with basic 3. Subsistence allowance of Rs. amenities. 40,000. People have right to salvage 4. Resettlement assistance of the affected materials Rs.50,000. Training for self-employment 5. One time grant of Rs. 50,000 will be provided to one adult for reconstruction of affected per family as needed structures 6. Annuity / Lump sum or employment benefits as per schedule 2 of RTFCTLARR Act, 2013 for those loosing complete commercial structure and remaining structure is unviable for containing business.Additional 25% compensation for partially affected structures will be provided. (d) Loss of 1. Option of house and other commercial entitlements as provided cum under loss of residential residential structure or entitlements as structure provided for loss commercial structure. II. Tenants
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Impact No Entitlements Remarks category (a) Residential For those tenants residing less than 3 years on date of preliminary notification, the following will be provided: 1. Rental allowance for 6 months @ Rs. 2000 per month in rural and Rs. 3000 in urban areas 2. Shifting assistance of Rs. 50,000. 3. In case of those who are This is restricted to only residing for more than 3 years permanent residents of the and do not have a homestead area / village subject to plot, will be extended production of certificate to this assistance such as cash extent from concerned allowance for house Tahasildar. construction, shifting and subsistence allowance as available to owner of residential houses. (b) Commercial For those tenants residing less than 3 years the following will be provided:
1. Rental allowance for 6 months @ Rs. 1500 per month in rural and Rs. 2000 in urban areas. 2. Shifting assistance of Rs. 50,000. 3. Assistance Rs. 50,000 for creation of Income Generation Asset.
In case of those operating their commercial establishments for more than 3 years, assistance will include shifting, subsistence and resettlement allowance as provided to the owners loosing commercial structures. In addition Rs.1,00,000 Income Generation Asset support will be provided. III. Non-Title holders (a) Residential 1. For those residing for more Resettlement colony will be Squatters or than 3 years prior to developed if more than 20 any affected preliminary notification will be residential squatters are un title holder provided with a house in getting affected in a resettlement colony or continuous stretch of 2 kms; developed plot and construction cost of Rs. Developed plot size to be 1,20,000. provided will be 25sq.mts/ 2. Subsistence allowance of 270 sqft in urban area and Rs.20,000. 33 sqms /350 sqft in rural
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Impact No Entitlements Remarks category 3. Shifting Allowance of area and facilities in line Rs.20,000. with the provisions of 4. If alternate Government land Schedule 3 of RTFCTLARR is not available – the cost of Act, 2013 will be provided. site at Rs.40,000 will be made . available to the affected The benefits will be family. 5. Replacement cost of affected available only those who are structure calculated at current residing for more than three PWD scheduled rates without years prior to preliminary depreciation. notification. In case of those residing for less than 3 years, cash assistance of Rs. 60,000to arrange alternative houses will be provided, in addition to shifting and subsistence allowance of Rs.20,000 each and cost of affected structure. (b) Commercial 1. Alternative shop of 100 sq.ft or Shopping units will be Squatters assistance for income constructed if more than 20 generation asset valuated Rs. shops are affected in a 50,000; continuous stretch of 2 kms 2. Subsistence allowance of and opted for shop with Rs.20,000; basic amenities.. 3. Shifting Allowance of Rs.20,000. 4. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation (c) Encroachers 1. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation 2. Compensation of Crop loss or advance notice for harvesting crops (d) Those on 1. Ex-gratia compensation for loss This shall be applicable to only Gramthana of land and assets equivalent to those who have been assigned / land without latest guideline values for land allotted land by with multiplying factor as available Government/Panchyat. Others title. in Schedule 1 of RTFCTLARR shall be treated as Squatters. without solatium for land and PWD Schedule Rates without depreciation for structures will be paid.
2. All R&R benefits similar to title holders will be extended. IV. Loss of livelihood (a) Employees in 1. One time grant of Rs. Training for self-employment
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Impact No Entitlements Remarks category shops, 25,000 for loss of livelihood will be provided as needed agricultural labourers, sharecroppers etc V. Vulnerable People (a) Widows 1. Assistance to include in Physically government pension schemes if challenged not included , if eligible as per and those Government criteria; and, aged above 2. One time Lump-sum amount of This will be restricted to 604 years Rs. 40,000 among titleholder those who have no or and Gramanthana land and Rs. cannot be provided with 20,000 among non-titled holder alterative livelihood sources. families. 3. Additional benefits to SC and ST will be provided in line with the provisions of RTFCTLARR Act, 2013. VI. Community Assets (a) Community 1. Reconstruction of affected Assets assets 2. Transfer to Local authorities for maintenance VII. Unidentified Impacts (a) Unidentified 2. Unforeseen impacts shall be Impacts documented and mitigated based on the principles provided in this policy framework.
4 Those above 60 years should be those persons who do not have any one to take care of them.
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CHAPTER III: LAND ACQUISITION AND COMPENSATION PAYMENT
4.1 Land Acquisition 66. Land Acquisition will follow the process as given in the Karnataka Highways Act (KHA), 1964. However the compensation will be based on the RFCTLARRA 2103 or through negotiation..
4.2 Method of Price fixation 67. The compensation fixing will be followed theprocess described inthe entitlement matrix. When compensation amounts arefinalizedthelandowners will be offered an option for negotiated settlement, whereadditional compensation equivalent to 25 % of compensation amounts will be offered. In case those who opt for negotiatedsettlement there will be mutuallysigned agreement and compensation will be paid within 30 days after passingthe award. Negotiated settlement will be available only those land ownerswhose ownership recorded are in orderin accordance with therequirement of the Government. This will be verified prior to signing the mutually agreed compensation amount.In case of delay in payment of compensation, an interest @12% will bepaid for the delayed period.
4.3 Valuation of Assets 68. The valuation of structures and other assets will be carried out by Government approved valuators appointed by the PIU. Valuation will be done on the basis of current PWD Schedule of Rates, without depreciation. Based on the valuation another 100% solatium will be given. Trees will be valued by the Horticulture/Forest department and 100 % solatium will be added. .
4.4 Estimation of land requirement and preparation of Land Acquisition Plans 69. The Land Acquisition Plan (LAP) for the project is completed. Publication of 15 Notification is under preparation. The land acquisition for the project is estimated at 2.34 1/4 acres of private land. The likely time table for procurement for land acquisition is placed in implementation schedule in Chapter 5.
4.5 Updation of records 70. Government will issue a separate order for updating land record by the respective Tahasildars within 2 months of issuance of preliminary notification. At the time of payment of compensation, if the ownership documents are incomplete, a notification in the local newspapers will issued inviting any objections or climes against those land owners whose names appeared in the final notification and based on the objection and climes, the compensation payments will be made by executing affidavits as needed in order to expedite the compensation payments and R&R assistance prior to taking over of the affected lands and assets. In case of impact to other Government lands, land alienation or No objection from land owning agency will be obtained prior to handing over of the lands to the contractors. .
4.6 Compensation Payment Process 71. The steps involved in the compensation fixation and payment will involve : 1. Compensation will be finalized by the 3 options as per the RFCTLARRA and invite land owners for ascertaintheir willingness for negotiated settlement. 2. All the amounts calculated by the different methods will be done in a transparent manner and shown to the affected person. 3. The award will be approved by the Special DC LA or Project Director depending on the award amount. 4. Cheque payment will be done. The SDRC will assist beneficiaries to open a Bank account in case they do not have Bank Account.
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4.7 KSHIP I non payments
72. Payments not made under KSHIP I will be resolved as follows: a. If no award has been made under Section 11 of the LA Act 1894, then the new Act will apply; b. Where an award under Section 11 has been made 5 years or more prior to the commencement of this Act, where physical possession has not taken place OR compensation not paid the said proceedings shall have deemed to have lapsed and the new Act will apply. c. Also where award has been made and the deemed amount for the majority of the beneficiaries has not been deposited in the account of the beneficiaries then the new Act will apply d. Where possession has not taken place or compensation not paid due to process in the court of law, the period spent under litigation shall also be taken to account for lapse of 5 years, the application of the new Act. 73. There is one Project affected whose compensation has to be revised, based on the new policy. Based on discussions with the affected person the reason compensation has not been paid is due to family dispute with reference to mutation. This will have to be resolved before proceeding with acquisition of his land for this project. The KSHIP Belagum office has been following up on the matter.
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CHAPTER IV - SOCIAL IMPACT ASSESSMENT AND BASELINE SOCIO-ECONOMIC CHARACTERISTICS
4.1 Social Impact Assessment
75. Social Impact Assessment was carried out for the project roads. The SIA study looked into the likely impacts of road improvement on the communities, and the likely mitigation aspects of the impacts. The SIA findings are summarized into (i) analysis of outcome of consultations of the various stakeholders and (ii) analysis of data/information finally put forth as how these outcomes have been incorporated into designs and Action Plans.
76 The negative social impact identified by community members was the lossof land to project intervention for the second time within a short period. Overall people did agree that the safety was a concern on the road. After the road improvement under KSHIP I, the number of accidents on the road has increased, and safety was a major concern for the community.
77. In this project there is a vendor market proposed, which will lead to displacement of 45 squatters, who are referred as host community. This section covers a separate analysis on the host community.
A. Analysis of overall Project Affected Families
4.2 Census Socio-Economic Survey 78. As a part of the project a census survey of Project Affected Families \Persons (PAFs and PAPs) was carried out. The findings of the census survey provided the magnitude of social impacts on the PAFs and PAPs. In this section the survey outcomes are analyzed. As mentioned earlier the census information of all 181 PAFS identified is not available.The census information helped to generate necessary data/input for the preparation of this Resettlement Action Plan. The surveys provide a baseline measurement of potential impacts on affected families/persons that form the eligibility criteria for entitlement as given in the R & R Policy of the SCDP. The objectives of the census verification were: a. Provide information regarding project impacts in order to facilitate designing of various components of the RAP, especially R&R entitlement; b. Minimise the influx of outsiders to the affected area; c. Identification of PAPs by effect categories; d. Enumeration of PAPs assets and land holdings;
The project will impact the following persons: 61 squatters, 6 tenants and 113 titleholders based on the survey.The list of affected persons is given in Annex 1.
4.3 Update of Census information 79. The census information will be updated by the Social Development Officer in the KSHIP office Belgaum, after verification. All entitlement as per the Policy and RAP will be applicable to all those identified.
4.4 Cut-Off Date 80. The cut off date for those who have legal title is the date of Notification under Section 15 of Karnataka Highway Act1964. The date of census is the cut-off date for those who do not have legal standing for eligibility of assistance under the project. People moving into the COI after this cut-off date will not be entitled to support. It is the responsibility of the PWD to ensure that the COI is maintained free of squatters and encroachers. If any people are allowed to live more than 6 months after moving into COI, they will be consideredfor assistance as per the provisions. Thus, the concerned ExecutiveEngineer will confirm on quarterlybasis about any additional encroachments/squatting on the project roads.
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81. There are 3 affected persons who are paying rent to the Panchayat( Sayyed Sab Hazrat Sab Maniyar, Maktum Baig Subhan Baig Jamadar and Imam Sab Syyed sab Maniyar). The payment slips have to be verified and based on that the persons will be entitled to benefits under gramthana land.
82. It is recognised that there will be a margin of error in the census, and any person who was not enumerated but can show documentation or evidence that he/she is rightfully an entitled person will also be included. The Project Implementation Unit will consider those persons who come forward with sufficientevidence of their living in the affected area. These cases if needed will be resolved through grace committee. . The cutoff date for non- title-holders, is the date of the start of the census survey on a particular link. The cut-off date for the project is March 2014. For the host population the cut of date is July 2014.
4.5 Major and Minor Impacts 83. The Census revealed that 181 families are affected by the Project. Of these, major impact is on 77 families, and minor impacts are on 104 PAFs. Major impacts are where the PAF is either displaced due to the loss of house or has lost his means of livelihood, either agricultural or commercial; this category also includes those likely to become marginal farmers due to the impact of the project, which we do not know at this stage because more than one person is listed in the RTC records.Other than this all other impacts have been classified as minor impacts. Minor impacts is where the families loose only a very small part of their assets and are able to continue to lead similar living standards without any further assistance. These losses include boundary walls, steps, partial structure etc.
Table 4: Distribution of PAFs by Major and Minor Impacts Sl. Extent of Loss Owner Tenant Squatter Encroacher No. Major Impact 1 Losing Total House 0 0 0 0 2 Losing Total Com. Structure. 11 4 61 0 Losing Total commercials Structure 3 and partial house. 1 0 0 0 4 Tenants Losing Total Livelihood 0 0 0 0 5 Marginal Farmers 0 0 0 0 Total Major Impact 12 4 61 0 Minor Impact 1 Losing only Part of Agriculture land 48 0 0 0 2 Losing only Part of House 2 0 0 0 3 Losing Part of Com. Structure. 0 0 0 0 Losing Part of House and Com. 4 Structure. 0 0 0 0 5 Partial Plot 49 0 0 0 6 Total Boundary Wall 2 0 0 0 7 Partial Boundary Wall 0 0 0 0 8 Cattle shed 0 0 0 0 9 Non Marginal Farmers 0 0 0 0 10 Others 0 2 1 0 Total Minor Impact 101 2 1 0 Total (Major & Minor Impacts) 113 6 62 0 Source: Census Socio-Economic Survey March 2014. .
4.6 Characteristics of displaced households 84. Among religious groups, Hindus dominate with 69.05 per cent followed by Muslims at 27.38 per cent. Distribution of PAPs by occupation reveals thatagriculture accounts for 22.42 percent; skilled labour accounts for 13.18and Trade and commerceaccounts for52.71 percent.76.14 percent of the population has income less than Rs.26,000. 64.072 per cent of the total PAPs fall in the age group of
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18-59. Since this happens to be the working age-group the mitigation measures as given in the entitlement matrix need to be carefully implemented with reference to 18-59 age groups. Illiterate population accounts for 16.53 percent of the total population. Those with education upto secondary level are the highest of all categories accounting for 27.55 percent of the total population. Graduates account for 3.86 percent. Asset ownership of titleholders indicate the following: Color television – 46.97 percent;Refrigerator – 22.73 percent; Cooking Gas – 39.39 percent;Telephone – 48.48 percent and 2/4 wheeler – 37.88percent. Asset ownership among non-titleholders is Color television – 11.29 percent ; Refrigerator – 1.61 percent ; Cooking Gas – 8.06 percent; Telephone – 33.87 percent; and 2/4 wheeler – 9.68 percent.There are 72 structures getting affected.The Socio- economic information for major categories is given in Table 5. Table 5: Socio-Economic information for Major Impact HOUSING Loss of total house N=0
ECONOMIC Income less than Rs.55000 N= 96 1. Owner – 42.71% (41) 2. Legal Tenant – 4.17% (4) 3. Squatter – 53.13% (51) Indebtness N=5 Reason for borrowing N=5 1. Business – 40% (2) 2. House – 20% (1) 3. Agriculture – 40%(2) Total Loss of Agricultural land N=0 PAFs likely to become Marginal Framers Yet to be identified Tenants losing total livelihood 4 ECONOMIC – SHOP OWNERS
Loss of total commercial structure 1. Owners – 14.47% (11) N=76 2. Legal Tenant – 5.26% (4) 3. Squatters – 80.26% (61) Type of Structure: Loss of total commercial 1. Pucca – 14.47% (11) structure 2. Semi pucca – 3.95% (3) N= 76 3. Kutcha- 75% (57) The average area of shops 1. 6.00 sqm Type of shops affected (majority) 1. Pan/cigarette – 15.79% (12) N=67 2. Tea shop – 2.63% (2) 3. Others – 56.58% (43) Average turnover of shops 1. Pan/cigarette –Rs. 4500 1. Tea shop – Rs.3000 2. Others - Rs. 6000 ASSET OWNERSHIP Ownership of household assets (owners) N= 66 1. Color television – 46.97% (31) 2. Refrigerator – 22.73% (15) 3. Cooking Gas – 39.39% (26) 4. Telephone – 48.48% (32) 5. 2/4 wheeler – 37.88 % (25) Ownership of household assets (squatters) N= 62 1. Color television – 11.29% (7) 2. Refrigerator – 1.61% (1) 3. Cooking Gas – 8.06% (5) 4. Telephone – 33.87% (21) 5. 2/4 wheeler – 9.68% (6)
4.7 Vulnerable Groups 85. Those falling within this category include persons such as disabled, widows, or persons above sixty years of age, who are not provided or cannot immediately be provided with alternative livelihood and who are not otherwise covered as part of a family. Additional benefitsto SC and ST will be provided in line with the provisions of RFCTLARRA 2013. These persons are entitled to assistance to
30 SCDP –Belgaum to Yargatti Resettlement Action Plan include in government pension schemes if not included, if eligible as per Government criteria (OR) Lump-sum amount of Rs. 40,000 among titleholder and gramathana land and Rs.20,000 among non- titleholder families. If there are any PAPs listed in more than one vulnerable category, those PAPs will be paid only once. There are 2 disabled persons;20widows and 48 PAPs over 60 years. For those above 60 years, only those persons who have no one to look after them will be eligible for this amount.The number of vulnerable eligible for assistance after verification.
4.8 Gender Issues 86. The gender representation amongst the affected population is not favorable to women. The female population accounts for only 45 percent of the total affected population. Amongst the host population the percentage of females to the total host population is 46 percent. According to the census survey there are 6women headed households who are impacted. Amongst the host population there is only one woman headed household - Mallamma Hiremath, who operates a tailoring shop, and is below the poverty line.The impact of this project is not expected to have any separate adverse impacts on them. To ensure that women are secure in receiving payments, all benefits will be provided in joint account where the woman will be the first beneficiary accounts. The women headed households will get preference during assistance and compensation disbursement. In the vendor market that will be built women will be given option of first opting for the ground floor.
87. Literacy levels among project affected women indicates that 26 percent are illiterate, which is much higher than the 16 percent illiteracy levels recorded among project affected person overall; 2 percent have education upto middle school; 24 percent have done upto secondary level; 3 percent are graduates while there was on one post graduate reported.
88. All the 6 women headed households are below the poverty line. 3 of the households the women worked as agricultural labour, one has a petty shop. The other two do not work. Participation of women in the work force is not clear, as most did not report any regular employment. Only 4 percent reported to be employed in agriculture/ agricultural labour.
89. Of the host community 28 percent of the women are illiterate; only 10 percent have education upto the primary level; education upto the secondary level is 21 percent which is the highest; graduates account for only 6 percent. 57 percent of the host community women are engaged in house work; only 8 percent work as agriculture labour
4.9 Tribal Issues 90. According to the definition as given in the Operational Policy of the World Bank OP 4.10, the term “Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees. There are only 3 Scheduled Tribe Families, getting affected in this project. None of these families are getting physically displaced. . Moreover, those found in the project area no longer maintain any of the distinctive characteristic mentioned above. The Scheduled tribes identified through the census survey are mostly working as agricultural labourers or as small and marginal farmers. The tribal population as identified by the survey has integrated with the main stream population.
4.10 Socio- Economic Status of Tribal population 91. Of the 4ST families only two were below poverty line (Rs.26,000), compared to 76 percent for the general population. All these do not exhibit the characteristics of tribal persons and areintegrated into mainstream. All the 4 families were engaged in trade and commerce. 26.67 percent of the of the ST population are illiterate as compared to 16 percent illiteracy for the general population .There are no gradates. The highest educated person in this category has received intermediate education.. The project aims to improve the status of all project affected persons. Thus after the delivery of entitlements the PIU can evaluate the impact of the project on the affected STs. During the process of resettlement the NGO has to pay adequate attention to ensure that the ST families get all the eligible entitlements according to the project policy.
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4.11 Impact on Host Population 92. The Vendor market is to be located on MG Road (market area) on the left side, which is Panchayat land. The land is currently occupied with 45 squatters who have commercial structures. These 45 squatters will be getting displaced for the construction of the shopping complex. After the construction of shopping, these people will be relocated in the shopping complex, by payment of a nominal rent. However these 45 families will be entitled to all the assistance for squatters as given in the Project entitlement matrix which includes: 1. Alternative shop of 100 sqft or assistance for income generation asset valued at Rs.50,000; 2. Subsistence allowance of Rs.20,000; 3. Shifting allowance of Rs. 20,000 4. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation. 5. Over and above the mentioned entitlement the host population will also be provided with Rs.2000 per month for the duration of constructionwhen they are required to be losing business. .
93. Consultations were held with all affected persons on 14.07.2014. It was explained to them that a shopping complex is going to be built by the project in the area that are located and that they will be accommodated there also. It was also explained to them that assistance will be given by the project for the displacement. There was no objection to the proposal from any of the affected persons.
4.12 Socio-Economic characteristic of the Host Population
94.Among religious groups, Hindus dominate with 73.33 per cent followed by Muslims at 26.67 per cent. Scheduled Caste population accounts for 11.11percent of the affected population. There are no Scheduled Tribes amongst the host community. 69 percent of the families have an income less than Rs.26,000, which is lower than the 76.14 percent of the population getting affected in the other areas of the project. 71. 96 per cent of the total PAPs fall in the age group of 18-59. Illiterate population accounts for 20.11 percent. Those with education upto secondary level are the highest of all categories accounting for 26.46 percent of the total population. Graduates account for 7.41 percent. All the 45 squatters will be under major impact category as they will have to be displaced and their livelihood will be impacted. The socio-economic characteristic of the host community is summarized in Table 6.
Table 6:Socio -Economic information for Major Impact – Host Population HOUSING Loss of total house N=0 ECONOMIC Income less than Rs.55000 N=63 1.Squatter – 84 % Indebtness N=22 Reason for borrowing N=22 4. Business – 78.26%(18) 5. Personal Loan – 13.04%(3) 6. Agriculture –8.70 %(2) ECONOMIC – SHOP OWNERS
Loss of total commercial structure 1.Squatters – 100%(45) N=45 Type of Structure: Loss of total commercial 1. Pucca – 0 structure 2. Semi pucca– 0 N= 45 3. Kutcha- 100%(45) No. of employees N=0 The average area of shops 1. 6.00sqm Type of shops affected (majority) 1.Pan/cigarette – 2.22%(1) N=45 2.Tea shop – 6.67%(3) 3.Others –88.89%(40) Average turnover of shops 1. Pan/cigarette –Rs. 4500 2. Tea shop – Rs.3600 3. Others - Rs. 5000
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ASSET OWNERSHIP Ownership of household assets (owners) N= 0 1.Color television –62.22%(28) 2.Refrigerator –8.89%(4) 3.Cooking Gas –48.89%(22) 4.Telephone –66.67%(30) 5.2/4 wheeler –15.56%(7)
4.12 Consultations and Focus Group Discussions 95. Focus group discussions were held during the Social Impact assessment, focusing on areas of impact. The outcome of the consultations were used to prepare the Social Impact Assessment and for analysis of alternatives and minimizing negative impact of the project.
Focus group discussions and Consultations were held as follows and the issues discussed and outcomes have been summarized below. The details of minutes of the meetings, attendance sheet and pictures are given in the Annexure 2.
Table 7:Summary of Focus Group Discussions and Consultation Chainage Issues discussed Outcome 56+100 1. There were two owners who said they have been The truck parking proposed at Belgaum affected under the KSHIP I project and the payment this location has been dropped has still not been collected by them. They are not to minimize multiple impacts. willing to part with their land again till the earlier problems are resolved. It was informed that there were many persons who were yet to receive compensation in Belgaum limits. 2. Owner of a building who had constructed beyond the building line whose structure is likely to get affected said that as long as he got compensation he did not have any objection to his building getting affected by the project. 3.There are a number of shop owners and vendors who are likely to be impacted in the junction. All expect some assistance for any impacts. 53 + 152 At this location, the owner of the building is The design has been modified Parusharam Bedkar. He was earlier affected in at this location so as not KSHIP I. He has a newly constructed building, which affected the house. is again likely to be impacted by the project Somanhatti At this location the house cumshop of Basavanappa It was explained that the project 25+370 Mallappa Yellappa is likely to get affected. He has has a revised Entitlement Policy already been affected in KSHIP I. He said that if and assistance and suitable compensation is provided he has no compensation will be based on problem regarding the impact on his property. the new policy. Halki Cross The people consulted on this junction , were mainly The purpose of the project, 12+760 the hotel/petty shop owners and some local people which is to make the road safe waiting for buses. All mentioned that that the road for all users was explained. was prone to accident. In the recent past 23 people died when a tipper fell over on this section. Bodigoppa There are 22 petty shops selling flowers and other The Project authorities have 8+329 items to devotees who stop to visit the Kariyamma limited any impact on the 22 temple located on the road. All the people vendors by limiting the suggested that there is some alternate area beyond improvement before the temple. the existing location where they could be shifted – Alternative land to but it was not clear exactly where. accommodate the 22 vendors could not be found.
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Yargatti Consultations were held with project affected The Panchayat members Town persons of Yargattitown. The project and its impacts identified alternate land where were explained to the people. The people said they the shopping complex could were not willing to get displaced unless some come. This was clear alternate was found for their relocation. Panchayat land. The area was It was explained to them that suitable government also checked by the KSHIP land is being identified for the construction of a Belgaum officers and it was vendor market. confirmed that it was possible to construct there. The people also Based on this various available locations were agreed to move in the shopping discussed with the people and the Panchayat complex after completion. members. A location near the bus stand/market was identified. The option of construction of the complex near the entrance of the bus land was also discussed. However the land in this particular location belonged to another owner. The Assistant sub inspector of the Town also spoke and explained to the people that since the project was trycing an alternate to move them, they should co- operate. Yargatti During the census survey of the host population, the The host community readily Town- Host purpose of the vendor market was explained. None agreed to the construction of Population of the affected persons had any objection to the vendor market as they would construction of the vendor market as they would also be accommodated there. also be rehabilitated there.
4.13 Positive Impact 97. The advantages of the project as perceived by the stakeholders were: (i) The project will providesafer movement of people and goods; (ii) The people also felt that the displaced shops would get a better opportunity through the project to re-establish them in more organized place; and (iii) Better designs and safety measures will lead to reduction of accidents.
4.14 Negative Impact 98. Negative impacts perceived by the people are (i) Loss of land; (ii) Displacement of commercial structure (iii) Loss of livelihood; and (iv) loss of land again within a short period.
4.15 Mitigation of Impacts 99. Efforts were made to minimize impact on acquisition and displacement of person in the project area. Impact mitigation has been done through design changes and through the Project Policy.
4.16 Mitigation through Design changes 100. The following changes were incorporated as a result of consultations: - During initial survey it was seen that there were 18 families who were likely to get affected in Belgaum Corporation Area, due to a proposed truck parking, who were already affected in KSHIP I due to loss of land. Discussions were held with these persons who were impacted in KSHIP I. To avoid multiple impacts on the families again the truck parking in this location was dropped. However, there is one person Muchandikar Laksham Kalappa of B. Kudachi village who was impacted in KSHIP I and will be impacted again under this project.
- In Bodigoppa village next to the Kariyamma temple there are 22 squatters who are running shops catering to the needs of the devotees who visit the temple. This temple is located on the road. There is parking proposed in this location. However, it was seen that the parking proposal was impacting the 22 squatters. It was decided to stop the parking provision before the temple, so as not to impact the structures.
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As a result of these two changes, the number of affected families was reduced by 40, for the project.
4.17 Mitigation through Policy changes 101. For those persons who have not received payment in KSHIP I, will be compensated according to the provisions of this project Entitlement Matrix. Based on the retroactive clause all those who have not received payment as yet form KSHIP I, compensation will be provided according to the Entitlement Matrix provisions.
4.18Magnitude of Impacts Cultural properties and CPRs 102. There is one shrine which will be impacted. In chainage 9+ 435 in Yerachari Cross. There is no habitation around this shrine. Based on preliminary survey the users of this shrine are from Yerachari village which is about 2-3 kms from the road. The users of this shrine will be identified during implementation and shifted after discussion with the users.
35 SCDP –Belgaum to Yargatti Resettlement Action Plan
CHAPTER V - IMPLEMENTATION ARRANGEMENTS
5.1 Institutional Arrangements 103. Under KSHIP –II, there is an already functioning cell, in the Project Implementation Unit looking after land acquisition and resettlement activities. This Social development and Resettlement Cell, will look after the resettlement and land acquisition activities for the SCDP project also.
5.2 Social development and Resettlement Cell (SDRC) 104. The SDRC facilitates land acquisition and compensation, relocation and resettlement, distribution of assistance for the PAPs. The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. The responsibilities of SDRC include: (a) responsible for all land acquisition activities; (b) liaison with State and District levels Departments to facilitate PAP access and take advantage of services and programs already in place; (c) evolve mechanisms for coordinating the delivery of the compensation and assistance to entitled persons; (d) review and provide social development perspectives and inputs to on-going project design and implementation by working closely with project planners, contractors, and construction supervision consultants; (e) link the project with state government agencies, provide liaison with PWD field units and impacted communities, coordinate with district-level committees regarding social development and resettlement operations in the field, mobilize assisting NGO partners, and support the organisation of local community representing PAPs; and (f) engage required training services, oversee a grievance redressal process, actively monitor RAP implementation, and cooperate with planned project evaluations.
5.1 SDRC and Staff Deployment 105. The RAP will be implemented by PIU division in Belgaum. The key SDRC officials are, who will be responsible for the implementation of this RAP are :Special DC Land Acquisition - Special Deputy Commissioner in the cadre of KAS (post vacant currently) will be the in charge of the overall land acquisition He will be assisted by the Assistant Commissioner for Land Acquisition who is responsible for all activities related to land acquisitionin Belgaum Division.
106. Chief Administrative Officer –The CAO (in place) in will be responsible for all resettlement and rehabilitation activities. The CAO will also be assisted by The Assistant Director Social Welfare (ADSW) who will be responsible for R&R work.
107. The Assistant Director Social Welfare (currently the position is vacant) is responsible for shifting of project affected persons, co-ordination of disbursement of assistance such as shifting allowance etc., disbursement of funds for income generating programmes, relief assistance, etc.
108. The Resettlement & Rehabilitation Specialist (in place) will assist the ADSW and co-ordinate all the rehabilitation work of the SDO’s. Currently the R & R Specialist is co-ordinating all the reporting and resettlement activities of the SDRC.
109. The ADSW and the Resettlement and Rehabilitation Specialist will be assisted by the Social Development Officers (SDO). The responsibility of SDO Belgaum includes: support to resettlement and rehabilitation related work pertaining to RAP implementation, like issue and the verification of ID cards, identification of local income generation potential, monitoring rehabilitation works, providing assistance to vulnerable groups and co-ordinating with KSHIP Divisional office etc.
36 SCDP –Belgaum to Yargatti Resettlement Action Plan
110. The SDO , Belgaum, will be assisted by the Social Welfare Inspectors (SWI). The SWI’s are supporting staff to SDO to carry out the functions as per the directions of SDO.
111. Presently there is no data base management consultants with PIU.The KSHIP II experience shows that the requirements of the PIU were not sufficiently supported by the data base management consultants. Thus it is suggested that the data base for this project be managed by persons deputed to the SDRC, from the government or hired specifically for this task, by the PIU. However this person has to be in position at the start of the project. The responsibility of this person will be to monitor and update the data of all the project affected persons; to highlight any discrepancy in compensation and paid disbursed; and co-ordinate the inputs of information from the Belgaum Division to the Central data base at PIU at Bangalore. He will work closely with the R&R Manager Specialist in PIU.
5.2 Protection of RoW 112. Under KSHIP I and II in the RAP Protection of the RoW was suggested. However, during the survey of the SDCP, 61squatters were identified, indicating that the Project Authority has not been able to maintain the RoW free of encroachments. This should be a carefully monitored under this project by the Divisional Engineer.The monthly site inspection is proposed for this project to prevent further encroachments. It is to be made mandatory for the KSHIP Belgaum Division office to monitor the RoW and submit a written report to the Project Director.
5.3 Valuation of other structures/assets 113. The valuation of structures and other assets, which have not been covered by the LAPs will be carried out by Government approved valuators appointed by the PIU. Valuation will be done on the basis of current PWD Schedule of Rates, without depreciation. Based on the valuation another 100% will be given as top up. However, this will be approved and verified by the concerned Executive Engineer. It will be forwarded to the PD for approval. Trees will be valued by the Horticulture/Forest department.
5.4 Implementation support 114. Implementation of the RAP will be done by the KSHIP Belgaum Office. Dedicated staff for implementation of this project will be appointed. . The Staff will include one Social Development Officer and two Social Welfare Inspectors, one of which will be a woman.The staff will be in place by October 2013. 115. The work of the RAP Implementation Unit of KSHIP Belgaum office will include : (i) verification of project affected persons; (ii) distribution of ID Cards; (iii) consultations and counseling of PAPs (iv)conducting survey of any affected person not enumerated during the Census survey after proper verification (v) ensuring the updated PAP information is sent to the database management officer;(vi)encouraging PAPs for productive utilization of compensation and rehabilitation grants (vii) facilitating PAPs for relocation in the Vendor market; (viii) assisting in shifting of host community ; (x) assist PIU by facilitating the PAPs to acquire necessary land records at the start of the land acquisition process ; (xi) ensure all assistance has been disbursed to the affected personaccording to the entitlement matrix; (xii) in case ofany grievanceensure the grievance is resolved; (xiii) generate monthly progress reports and (xiv) assist PIU in any activity related to implementing and reporting.
115. The SDO and team of SWI will work as a link between the PIU –R& R Manager SDR Cell and the affected community. They will educate the PAPs on the need to implement the Project, on aspects relating to LA and R&R measures and ensures proper utilization of various compensations extended to the PAPs under the R&R entitlement package.
116. In order to carry out their tasks, staff will be stationed in the site office in Belgaum. Besides contacting the PAPs on an individual basis to regularly update the baseline information, group meetings and village-level meetings will be conducted by the support agency on a regular basis. The frequencies of such meetings will depend on the requirements of the PAPs but should occur at least once a month. The SDO and team will have to encourage participation of individual APs in such meeting by discussing their problems regarding LA, R&R and other aspects relating to their socio- economic lives. Such participation will make it easier to find a solution acceptable to all involved.
37 SCDP –Belgaum to Yargatti Resettlement Action Plan
117. The qualification of the SDO willbe Masters Degree in any Social Sciences Studies, with minimum of 5 years work experience in resettlement and rehabilitation project affected families. The person should be well versed in Kannada and English. The person should have writing abilities to submit reports in the necessary formats as required by the PIU; computer knowledge is compulsory. The SDO will report directly to the EE KSHIP Belgaum division.
118. The qualification of the Social Welfare Inspectors will be Bachelors degree in Social Sciences, with a minimum of 3 years work experience in projects which has required community participation and livelihood restoration. Fluency in Kannada is compulsory, with working knowledge of English.The SWI will work under the direction of the SDO and the EE.
5.5 Monitoring 119. Monitoring will be carried out for the project. Monitoring involves periodic checking to ascertain whether activities are going according to the plan. It provides the feed back necessary for project management to keep the programmes on schedule. Monitoring provides both working system for project managers and a channel for the resettles to make known their needs and their reactions to resettlement execution. Monitoring exercise will be undertaken both internally and externally.
120. While SDRC/PIU on monthly basis will carry out the project’s internal monitoring and external agency will be appointed for third party monitoring. External agency will conduct quarterly monitoring.. Indicators, which will be monitored during the project, may be divided into two categories. Process and output indicators or internal monitoring Outcome/impact indicators or external monitoring
121. There are two types of monitoring to be done :(a) Internal, which is carried out by the project authority itself and (b) external or independent monitoring by an external agency.
5.6 Internal monitoring 122. Internal monitoring is conventional monitoring of government related to physical factors such as, number of families affected, resettled, assistance extended infrastructure facilities provided, etc. and other financial aspects, such as compensation paid, grant extended, etc. the internal M&E must be simultaneous with the implementation of the Rehabilitation Action Plan (RAP).
123. The objectives of the internal monitoring are: (i) Daily Operations Planning; (ii) Management and Implementation and (iii) Operational Trouble shooting and Feedback. The periodicity of internal monitoring could be daily or weekly depending on the issues and level.
5.7 External monitoring 124. An external monitoring agency will be appointed to monitor on periodical basis. The role of such an agency will facilitate process of R&R and thus provide support in the proper implementation of rehabilitation programmes. It should also bring the difficulties faced by the PAPs to the notice of PIU so as to help in formulating corrective measures. As a feedback to the PIU and other concerned, the external agency should submit quarterly report on progress made relating to different aspect of R&R.
125. The objectives of the external monitoring are: To report on the implementation of RAP on the gor5und and feedback from the affected people on periodical basis. Report whether compensation has been paid according to the entitlement matrix. Report whether allotment of the shops in shopping complex has been done for all the affected persons, who are eligible for it. Track whether the host population has received all the entitlement due to them Track and report the transition support Track and report on how the grievances are handled Determine remedial action if required. How is the vendor markets proposed working, how many commercial units are operating from there.
38 SCDP –Belgaum to Yargatti Resettlement Action Plan
A separate impact evaluation will be carried out after 6-12 months ofthe people are shifted to new vendor market and compensation is received to assess how the compensation and assistance has been impacted in their living conditions andpropose remedial measures, if required. Table 8: Monitoring Indicators (including host population)
Impleme % against Revised Progres Sl. Monitoring Indicators for ntation Cumulative Revised Implementatio s This No. Physical Progress Target Progress Implementatio n Target Month (Nos) n Target 3.34 ¼ 1 Land Acquired- private acres Compensation for loss of 3 Residential and Commercial 1 structure to title holder. Shifting assistance to Title 4 holder for Residential and 12 commercial Subsistence allowance for 5 residential and commercial 12 structures for titleholder. Alternative shop/or IGA for 6 12 commercial structure (owner) Alternative shop/or IGA for commercial/residential 1 structure (owner) Commercial tenants to be paid 8 4 rental allowance 9 Shifting assistance for tenants 4 Income generating Assets 10 4 forCommercial tenants. Shifting allowance for 12 106 commercial squatters Commercial squatter for shop 13 106 or IGA Subsistence allowance for 14 106 commercial squatters 15 Vulnerable groups 70 Will be updated as needed during the implementation
Table 9:Financial Indicators for Progress Sl. Monitoring Indicators for Implementa Total Cost Progress This No Unit Cost* Physical Progress tion Target (in Rs.) Month . Land Losers– Titleholders Rs 5,00,000 1 Land Acquired- private 2.13 ¾ per gunta 47500000.0
One time resettlement 2 allowance – those loosing 97 Rs.50,000.0 4850000.0 land Subsistence allowance for 3 97 Rs.40,000.0 3880000.0 land loosers Loss of land less than 5 4. 71 Rs 30,000 2130000.0 guntas Loss of land more than 5 26 Rs. 40,000 1040000.0 guntas
39 SCDP –Belgaum to Yargatti Resettlement Action Plan
Sl. Monitoring Indicators for Implementa Total Cost Progress This No Unit Cost* Physical Progress tion Target (in Rs.) Month . IGA/ subsistence allowance for those who become 4 30 Rs. 1,50,000.0 4500000.0 marginal farmers ( assuming 30) Loss of Commercial
Structure - titleholders Commercial structure looser 1 Choice of annuity 12 Rs. 5,00,000.0 6000000.0 /employment 2 Shifting assistance 12 Rs.50,000.0 600000.0 3 Subsistence Allowance 12 Rs.40,000.0 480000.0 4 Resettlement allowance 12 Rs.50,000.0 600000.0 5 One time grant 12 Rs.25,000.0 300000.0 Structure Valuation Pucca housing (Area in Sq 1 117.5 Rs.1000/sqft 117500.0 ft.) 2 Semi Pucca (Area in Sq ft.) 18.25 Rs.800/sqft 14600.0 3 Kutcha (Area in Sq ft.) 536.25 Rs.550/sqft 294937.5 Non-titleholder - Squatters
1 Vendor market - Yargatti 1 Rs.24916770.0 24916770.0
Shifting Allowance(Non- 2 106 Rs.20000.0 2120000.0 titleholders) Subsistence Allowance 3 106 Rs. 20000.0 2120000.0 (Non-titleholders) Economic generating asset 4 106 Rs.40000.0 4240000.0 (squatter) Rental allowance for host Rs2000/month 5 45 540000.0 population for 6 months
Tenants Rental Value for Rs. 2000 for 6 1 6 72000.0 Commercialtenant. months Commercial structure looser 2 Choice of annuity 6 Rs.5,00,000.0 3000000.0 /employment 3 Shifting assistance 6 Rs.50,000.0 300000.0 4 Subsistence Allowance 6 Rs.40,000.0 240000.0 5 Resettlement allowance 6 50,000.0 300000.0 6 One time grant 6 25,000.0 150000.0 Vulnerable Groups 1 Titleholders 58 40,000 2320000.00 2 Non Titleholders 29 20,000 580000.00 Note : the rates have been revised using the RFCTLARRA and the unit rates given for year 2010 in the KSHIP II have been increased at the rate of 10%anually
40 SCDP –Belgaum to Yargatti Resettlement Action Plan
Table 10:Monitoring Of GRC
Sl. 1st 2nd 3rd 4th Particulars No. Quarter Quarter Quarter Quarter 1 No. of cases referred to GRC 2 No. of cases settled by GRC 3 No. of cases pending with GRC 4 Average time taken for settlement of cases 5 No. of GRC meetings 6 Number of PAPs moved to court 7 No. of pending cases with the court 8 No. of cases settled by the court 9 No. of GRC meetings
5.8 Grievance Redressal Committee 126. The project has a Grievance Redressal Cell in place in Belgaum District. Affected persons representatives from this project will have to be made a part of this cell.It is the responsibility of the Belgaum PIU to inform the affected persons of the GRC, to make it effective.
5.9 Capacity Building and Training 127. The capacity building and training of the PIU/SDRC is important for successful and timely implementation of RAP. To enhance capabilities, the SDRC staff will be given in house training periodically (once in six months at least). .
5.10 Administering the payment of R&R Assistance 1. All Entitlements to be provided will be verified against losses incurred by the SDO ; 2. Information will be updated in the data base, 3. Bank accounts are to be opened for all beneficiaries; 4. The CAO will authorize payment of R&R assistance. 5. All payments will be made through Cheque, directly to the beneficiary. 6. PAPs who are in more than one vulnerable category will be paid only once.
5.11 Development of Vendor markets 128. In this project one vendor market is proposedat Yargatti town.In Yargatti Town junction there are 61 commercial squatters getting affected. The proposal to build a vendor market was discussed with Panchayat members and the affected persons to see whether it was a viable option or not. A consultation meetingwas held on 27.06.2014. The outcome of the meeting was as follows: - It was decided that the Panchayat has land which it can provide for the construction of the vendor market. The land is available on MG Road, also commonly called the market area in Yargatti town. - The resolution of the Panchayat, allocating the proposed land for the Vendor market has been given in the Annex 3. - The affected persons are willing to shift there with the payment of nominal rent which is yet to be decided. - The vendor market will be constructed by the project but handed over to the Panchayat. Rent will be collected by the Panchayat and this will decided jointly by the Project and Panchyat and minimum standards will be developed for maintenance of the vendor market. . - The vendor market will be maintained by the Panchayat. - Thevendormarket will displace 45 squatters. These 45 squatters will also be rehabilitated in the vendor market at a nominal rent. - Any additional shops which are not meant for the Project affected persons or the host community, will be left for renting by the Panchayat at rents decided by them.
41 SCDP –Belgaum to Yargatti Resettlement Action Plan
- The proposed cost of construction of the Vendor market Rs.2.49 Crores. This includes shifting of Electric Poles and 2 Transformers which are in the area and construction of one water tank. - The construction of the Vendor market will be completed by August 2015 and all the squatters will shifted to the market by September 2015. - The supervision of the construction will be done by Executive Engineer, KSHIP, Belgaum. - After the completion the EE along with inputs from the Monitoring Consultants will certify that the vendor market is completed in all respects and is ready for occupation
5.12 Income Restoration Measures 129. The basic objective of income restoration activities is that no project-affected person shall be worse off than before the project. Restoration of pre-project levels of income is an important part of rehabilitating individuals, households, and socio-economic and cultural systems in affected communities. Income restoration schemes will be designed in consultation with affected persons so as to benefit them.
130. In this project all the project affected persons loosing the commercial establishment will be relocated in the vendor market so that their livelihood is restored to at least the pre project level.
131. For the host community an additional assistance of Rs.2000 will be provided for 6 months as rental assistance, over and above the other assistance provided to squatters under the Entitlement Matrix.
132. For those loosing land additional assistance for income restoration includes allowance of Rs.30,000 for loss of land upto 5 guntas; Above 5 to 20 guntas Rs.40,000 and above 20 guntas Rs.50,000. In case a person becomes a marginal farmer or landless or already is a marginal farmer the project will provide subsistence allowance of Rs.40,000; Assistance for creating income generating asset upto Rs.1,00,000; and training assistance. For Land owners who loose one hectare of unirrigated land and half hectare of irrigated land they will get annuity/ lump sum benefit of Rs.5,00,000.
5.13 Impact Categories and IR Schemes 133. Project-induced displacement is likely to resulting loss or diminished income for Project Affected Person (PAPs). The main categories of impacts expected as a result of land and property acquisition include: (a) Loss of agriculture land in part; and (b) Loss of totalcommercial establishments .
There are two types of IR activities identified, i.e. short term and long term.
134.Short Term IR activities: Short-term IR activities mean restoring APs’ income during periods immediately before and after relocation. For this, the Implementation Unit will ensure that: compensation and R&R assistance as provided in the entitlement matrix is provided. Other works include work in the project construction activities and other allied activities such as work on resettlement sites etc.
135.Long Term IR Activities: This includes provision of shops for those losing their total livelihood, to re-establish their commercial activities in the Vendor market. Shopping units with 100-150 sq.ft will be provided for the commercial squatters if they opt for shop. It also includes purchase of income generating assets upto Rs. 40,000 if they do not opt for a shop for non-titleholders. In case the amount used is less than this, the beneficiary will get the remaining amount after one year of successful completion of the activity, which will be monitored by the Implementation Unit. Other than project related jobs long term employment opportunities include according to the RFCTLARRA, jobs will created through the project, ‘after providing suitable training and skill development in the required field and, make provision for employment at a rate not lower than the minimum wages5 provided, to at least one member per affected family in the project or arrange for a job in such other project as may
5The Minimum wage rate for Karnataka for the year 2013-14 is Rs.174 per day under the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA)
42 SCDP –Belgaum to Yargatti Resettlement Action Plan be required; or (b) one time payment of Rs.5,00,000 per affected family; or (c) annuity policies that shall pay not less than Rs.2000.00 per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers
5.14 Reconstruction of affected community structures 136. There is one shrine at Yeracharvi cross at 9+435 chainage which has to be relocated. There is no habitation around this shrine. The users are likely to be from Yeracharvi village which is about 2-3 kms away from the road. This will be further looked into during implementation, and the shrine relocated after consultation with the users.
5.15 Data Base Management 137. A census Database has been created in the KSHIP office. Using the same platform a separate database will have to be created for this project. The data will be handled by a dedicated staff in the SDRC. The main purpose of the data base and use will be to (i) track progress of R&R implementation (ii) for determining the entitlements to be paid; (iii) track pending entitlements and amounts; (iv)organizing outputs for periodical reports and other project requirements; and (v) establishing input formats . The data base has already been developed to suit the requirements of implementation and monitoring payments. This SCDP project data will be linked to the existing KSHIP database. All the baseline date of PAPs and implementation will be tracked only through database. The eligible entitlements will be generated using the database and will be reflected in the identity cards.
5.16 Disclosure 138. In order to make the RAP implementation process transparent, a series of FGDs/ meetings etc will be held with all stakeholders for dissemination of information regarding rehabilitation process and entitlement framework. The draft RAP and entitlements have been disclosed on 14.08.2013. The Draft RAP is also disclosed in the KSHIP website. This was the second round of meeting with the affected people. In this meeting the RAP and entitlement matrix was disclosed asking comments from the public. During the meeting there were no issues raised.As all the impacted persons were satisfied with the option of shopping complex, considering all of them are non titleholders. However, at any point the affected person can contact the KSHIP office at Belgaum for any concerns and feedback. The salient features of RAP and the R&R policy will be translated in Kannada and disclosed. The minutes of the meeting is given in Annexure 7. The final RAP will also be disclosed through the PWD, Government of Karnataka Website. In addition brochure of the Land Acquisition and the R&R Policy will also be provided. The documents available in public domain will include(i) RAP and entitlements; (ii) list of beneficiary. All copies will be kept in: (i) State Government Library at Bangalore; (ii) - District library of Belgaum; and (iii) in the Panchayat offices along the project roads. The RAP document will also be available at the World Bank Info Shop at Washington DC and New Delhi as per the Disclosure Requirements of BP 17.50 of the WB.
5.17 Co-ordination with civil works and certification of completion 139. The resettlement program will be co-coordinated with the timing of civil works. The required co- ordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared COI sections to project contractors. The project will provide adequate notification, counseling and assistance to affected people so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation. The RAP implementation schedule is provided in Chart 7.2. This provides the key benchmarks of implementing the RAP. All other activities related to implementation and land acquisition will be undertaken simultaneously.
140. Actions to be completed prior to bid invitation: (i)RAP endorsed by the Bank and approved by the GoK (ii) the final RAP should have been disclosed in the web site and other public places accessible to the local people ;(iii) the first notification for private land acquisition should have been issued; (iv) the issue of identity cards to eligible project affected families should have been completed.
141. Certification for completion of payment of compensation and R&R assistance andallotment of shops, etc. will be done by the EE Belgaum, with inputs from Monitoring consultants. Milestone I&II
43 SCDP –Belgaum to Yargatti Resettlement Action Plan do not have any R&R impacts and land acquisition and this will be confirmed through certification by EE at the time ofhanding over of the land to the contractors. . All encumbrances are in Milestone III.
142. PIU will ensure that the RAP is successfully implemented in a timely manner. The implementation schedule needs to be updated periodically and monitored judiciously. The completion of R&R activities will be certified by the Monitoring consultants and the E Belgaum. Resettlement and Rehabilitation is complete only when the following criteria are met: a. All legal compensation both for land and structure must be paid; b. All eligible PAPs must have alternative house and economic rehabilitation must be complete; c. At least 80 percent of all eligible PAPs must have started their new economic activity; d. All project affected common property resources must be replaced and re-established; e. Implementation of the remedial measures arising out of impact evaluations must be complete.
5.18 Implementation Schedule and Timing of Resettlement 143. During project implementation, the resettlement program will be co-coordinated with the timing of civil works. The total intended time for the project as given in the Bid Document is 15 months.The required co-ordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared junctions to project contractors. The project will provide adequate notification, counseling and assistance to affected people so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation.
144. Milestone Iand II will be handed over to the contractor in December 2014. Work on mile stone I is to be completed by May 2015; for Milestone II by October 2015. Milestone III has to be handed to the Contractor within 10 months of start date which will be October 2015. Construction of the vendor market and shifting of the affected persons have to be completed by September 2015.
Table 11:Project milestone Timelines Milestone Time for completion
Milestone-I 51+197 3 – 3 Leg Minor Junction To be completed by May 2015 51+100 – 3 Leg Minor Junction (within 5 monthsfrom Start Datei.e 50+981 – 3 Leg Minor Junction December 2014) 49+849 – 3 Leg Minor Junction 49+720 – 3 Leg Minor Junction 47+600 – 3 Leg Minor Junction 47+450 – 3 Leg Minor Junction 46 942 – 4 Leg Minor Junction 45+360 – 3 Leg Minor Junction 45+109 – 3 Leg Minor Junction 44+909 – 3 Leg Minor Junction 44+644 – 3 Leg Minor Junction 43+257 – 4 Leg Minor Junction 41+515 – 3 Leg Minor Junction
Milestone-II 41+500 – 3 Leg Minor Junction 41+200 – 4 Leg Minor Junction To be completed by October 35+644 – 3 Leg Minor Junction 2015(within 10 Months from 34+712 – 3 Leg Minor Junction December 2014) 33+887 – 3 Leg Minor Junction 31+000 – 3 Leg Minor Junction 30+290 – 3 Leg Minor Junction 29+600 – 3 Leg Minor Junction 28+175 – 3 Leg Minor Junction
44 SCDP –Belgaum to Yargatti Resettlement Action Plan
22+025 – 4 Leg Minor Junction 18+790 – 3 Leg Minor Junction 18+075 – 3 Leg Minor Junction 14+178 – 3 Leg Minor Junction 6+889 – 3 Leg Minor Junction 5+630 – 4 Leg Minor Junction 0+460 – 3 Leg Minor Junction 43+783 – 4 Leg Minor Junction 39+290 – 4 Leg Minor Junction 38+949 – Extension of Bridge footpath
Table 12: Milestone III Details, showing location of encumbrances Village Pvt land R&R Sl.No. Taluk Gramthana Total Name Chainage (A-G) Impacts 44+130 (Truck parking) 106 1 Yeragatti Saundatti 0-10 0-12.12 0-22.12 commercial 44+358 (Junction) units 2 Budhigoppa Saundatti 8+329 (Truck parking) 0-05 - 0-05 9+435 (Junction) 1 3 Halki Saundatti 0-07 - 0-07 commercial 12+761 (Junction) 4 Tadasalura Saundatti 12+761 (Junction) 0-01 - 0-01 1 0-05.08 0-05.08 0-11 5 Somanatti Bailahonagala 25+370 (Junction) commercial 6 Nesargi Bailahonagala 27+875 (Junction) 0-02.08 - 0-02.08 7 Sutagatti Bailahonagala 36+900 (Over taking) 0-01.08 - 0-01.08 8 Karadiguddi Belagavi 37+900 (Over taking) 0-06.04 - 0-06.04 9 Neelaji Belagavi 51+778 (Junction) 0-01.04 - 0-01.04 51+778 (Junction) 2 commercial 10 B. Kudachi Belagavi 52+578 (Junction) 1-11.08 0-01.08 1-13 53+152 (Junction) 11 Belagavi Belagavi 56+100 (Truck Parking) 0-08 0-14.08 0-22.08
145. The proposed consideration of time to be taken for Land Acquisition under the KHA, after the issue of Section 15 notification is 6 months, however experience in KSHIP II shows that in most cases it has taken longer than that.
The R & R activities implementation tasks required include: 1. Appointment of Committee for fixation of Land Value. 2. Issue of EOI and RFP for hiring Monitoring Consultants for RAP implementation. 3. Issue of Notification for land acquisition – September 2014
Other important R&R implementation activities include: 1. Selection and appointment of Monitoring Agency – October 2014 2. Staffing of Implementation Unit at Belgaum – September 2014 3. Disclosure of RAP and entitlements – to be completed by August 2014 4. Completion of joint verification of assets – December 2014 5. Consultations with PAPs – continuous process
146. The time taken for the implementation for the RAP will be 12 months starting October 2014. Resettlement planning and updating of studies will be a continuous process throughout the project. The PIU will co-ordinate these efforts to assure that RAP implementation and phasing is appropriately
45 SCDP –Belgaum to Yargatti Resettlement Action Plan sequenced with designs and civil works. It is estimated that the resettlement process including land acquisition can be completed by December 2014.
147. The resettlement process must be completed before the start of civil works. PIU has clear the COI and resettle PAPs located within the COI, before the civil work starts on any section of the project road. PAPs will be given at least three months notice to vacate their property before civil works starts. The civil works schedule needs to be dovetailed into the land acquisition and resettlement implementation schedule. The LA and R &R Implementation schedule is given below:
Table 13:Implementation Schedule
Sl. Tasks Start Date End Date No. 1 Entitlement Approval September 2104 2 RAP Approval September 2014 3 Disclosure August 2014 4 Monitoring agency in place October 2014 5 SCDP staff in place October 2014 6 LA : Section 15 September 2014 March 2015 7 Joint Measurement Certificate Survey November 2014 December 2014 8 LA: Award or Negotiated Settlement February 2015 March 2015 9 Invitation bids for Vendor Market September 2014 October 2014 10 Award of contract for vendor market November 2014 November 2014 Completion of Construction of Vendor August 2015 11 market 12 R&R Assistance & shifting to Vendor market September 2015 Certification of Payment of Compensation& October 2015 13 assistance
5.19 Consultations during implementation 148. Several additional PAP consultations will be conducted during RAP implementation. As a follow- up of the local-level PAP consultations held during project preparation, further consultations will be conducted during implementation by the Implementation team at Belgaum. In the first round of consultations information on RAP and EntitlementPolicy and options will be disseminated. This will involve explaining the Entitlement Framework and resettlement options to the PAPs and soliciting their support and co-operation. This will help finalize agreement on the various entitlements provided in the entitlement framework. Next round of consultation involves agreements on compensation and assistance options and entitlements with PAPs and completion of a PAP identity card indicating the accepted entitlement package. The next round of PAP consultations will occur when compensation and assistance are provided and actual resettlement begins.
5.20 Budget and Costs 149. The costs used for the budget estimates are based on rates given in the RFCTLARRA 2013 and the revised rates as given in KSHIP II RAP Implementation Manual. The base rates given for KSHIP II for the year 2010-11, has been increased 10% annually. The estimated total budget for the implementation of RAP is Rs. 13.58Crore of which Rs. 4.75 Crore is for land acquisition.
Table 14: Budget Estimated Cost (Rs. l. No. Category In Crores) 1 Land Acquisition 4.75 2 R&R Assistance 3.94 3 Monitoring Services 0.08 4 R&R works 0.082
46 SCDP –Belgaum to Yargatti Resettlement Action Plan
Estimated Cost (Rs. l. No. Category In Crores) 5 R&R Goods 0.26 6 Vendor Market 2.49 Total 12.35 10% contingency 1.23 GRAND TOTAL 13.58
150. In accordance with the policy provisions, all grants and benefits shall be indexed annually at 10% on the first of April. These include subsistence allowance, shifting allowance, relief assistance, amounts for income generating asset, cost for the provision of sites to squatters and rental allowance.
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Annexure 1:List of Affected Persons
A. Land Loosers - Agriculture
Land to Be Sl. No Owner Name (RTC) Village Sy. No Acquired (A-G) 1 Hadimani Ashoka Mahadevappa & Others Yeragatti 223 0-03 2 Shri Shaila Basappa Vaali & Others Yeragatti 225 0-07 Gadamanavara Mallappa Sanna Demappa & 3 Halki 10 0-01.08 Others 4 Naganura Shiddappa Ramappa & Others Halki 263 0-03 5 Rajashekara Virupakshappa Adaki & Others Halki 265 0-00.08 6 Poojeri Eeravva W/o Kenchappa & Others Halki 266 0-01 7 Hanabaratti Fakiravva W/o Yellappa Halki 267 0-00.12 8 Ashoka Adiveppa Dharigowda & Others Halki 271 0-00.04 9 Kugunavara Vijayalakshmi W/o Fakirappa Tadasalura 187/3 0-01 Mulla Abddull Rehamana Gowsamoddina 10 Somanatti 2 0-02 Hasana Gow sa & Others 11 Gadadha Basavanneppa Bhimappa Somanatti 3/1 0-00.04 12 Gadadha Basavanneppa S/o Bhimappa Somanatti 3/2 0-00.04 13 Kari Gireppa S/o Basappa & Others Somanatti 3/3 0-01 14 Gadadha Kalloleppa S/o Dyamappa & Others Somanatti 3/4 0-00.08 Mahanthasetti Channappa S/o Shiddappa & 15 Somanatti 5 0-00.08 Others Mahanthasetti Channappa S/o Shiddappa & 16 Somanatti 26 0-01 Others
17 behalf of Belagavi Kyatolika Bishapa & Others Nesaragi 124/9 0-02.08
18 Kempageri Fakirappa Basappa & Others Sutagatti 175 0-01 19 Myaleda Mahadeva S/o Basappa Sutagatti 178 0-00.08 20 Chowgala Basavanta Kodeppa & Others Karadiguddi 25 0-02.12 Deshapande Ambabayi Narayanarao & 21 Karadiguddi 26 0-02 Others Hiremata Shivalingaiah Shivabasaiah & 22 Karadiguddi 28 0-00.08 Others 23 Nesaragi Adiveppa Dundappa & Others Karadiguddi 30 0-01 24 Patila Ningappa S/o Basavantha & Others Neelaji 299/1 0-00.08 Mukundha Urf Patila Gopala Basavantha & 25 Neelaji 301 0-00.12 Others 26 Balekundri Prakash Ramachandra & Others B Kudachi 15/6+9A 0-01.08 27 Patila Dhananjaya Rayagowda & Others B Kudachi 15/8 0-09 28 Bhakhedi Basavantha Bharama B Kudachi 15/9B 0-00.08 29 Patila Basavanta Appanna & Others B Kudachi 298 0-03 30 Savi Urf Badamanji Babu Nagappa B Kudachi 299/1 0-04 31 Mucchandi Krishna Yallappa & Others B Kudachi 299/2 0-01.08
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Sl. No Owner Name (RTC) Village Sy. No Land to Be Acquired Mucchandikara Appanna Basavantha & 32 B Kudachi 300 0(A-01.08-G) Others Dhivate Mahadeva Basappa Urf Basavanta & 33 B Kudachi 301 0-01 Others
34 Matapathi Basavantaiah Karibasaiah & Others B Kudachi 499/Plot 3 0-00.04
35 Matapathi Basavantaiah Karibasaiah & Others B Kudachi 499/Plot 5 0-00.04
36 Matapathi Basavantaiah Karibasaiah & Others B Kudachi 499/Plot 7 0-00.08
37 Karadi Bharama Basavanta & Others B Kudachi 500 0-13.12 38 Bharatesh Education Trust - NAK B Kudachi 521/6 0-02.08 39 Bhakhedi Kallappa Bharama B Kudachi 521/7 0-02 40 Bhakhedi Kallappa Bharama B Kudachi 521/8+9 0-06 41 Katti Nikhil Umesha B Kudachi 522 0-03 42 Neelaji Parashurama Yallappa B Kudachi 527/2 0-00.12 43 Neelaji Parashurama Yallappa B Kudachi 527/3 0-00.08 Saradeshapande Ghanashyama Sripada & 44 Belagavi 799/1 0-01.12 Others 45 Patil Rajagonda Aadagonda & Others Belagavi 799/2 0-01.04 46 Yardi Saralabai Ganesha & Others Belagavi 799/3 0-01.08 47 Kwalikoppa Padmavathi Surendra & Others Belagavi 825/2 0-01 48 Gowragonda Jamburava Shantappa & Others Belagavi 1127/3 0-02.08
B. Land Loosers – Gramthana
Land to Be Sl. No Owner Name (RTC) Village Plot No Acquired (sqm) 1 Mahabaleshwara Hadimani Yeragatti 1164/A/1 133.70 2 Muktumsab Jamadhar Yeragatti 2341/3 16.72 3 Maniyar Yeragatti 2341/1 9.29 4 Desai Vaghaire Yeragatti 1817 13.38 5 Sannakki Vaghaire Yeragatti 2322/3 4.65 6 Sanjigonnavara Yeragatti 2322/4 5.57 Prasident, Kittur Rani Chennamma Trust 1287/A 69.21 7 Bailahongala Yeragatti 8 Eeranna Eshwarappa Gadadha Yeragatti 1287/A/B 44.59 9 Somanagowda Parappa Sanganagowdar Yeragatti 1287/A/1/A 24.89 10 Krishnagowda Venkanagowda Patil Yeragatti 1287/A/1/B 49.60 11 Basavantappa Bhimappa Badigera Yeragatti 1273 52.95 President, Prajapita Bramhakumari Eeshwari 1276/B 55.74 12 college, Yeragatti Yeragatti 13 Basappa Sangappa Pattanashetti Yeragatti 1264/A 111.48 14 Jagadish Basavaraj Hiremata Yeragatti 1264/B 27.87
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Sl. No Owner Name (RTC) Village Plot No Land to Be Acquired Shakuntala Venkappa Koppad 1264/C 23.22 15 Yeragatti (sqm) 16 Venkatesh Govindappa B Patil Yeragatti 1234/2 69.68 17 Shivanagowda Govindappa Patil Yeragatti 1234/3 69.67 18 Basappa Eerappa Yeragani Yeragatti 23/08/B 18.58 19 Gurappa Rudrappa Dayannavar Yeragatti 2343 13.93 20 Vajir Ali Pattu Naykar Yeragatti 2394 3.07 21 Ashok Rajappa Shivapur Yeragatti 2395 6.13 22 Kutubdhin Nijamuddin Mukkeri Yeragatti 2396 8.23 23 Delip Abdul Hasan Begh Jamadhar Yeragatti 2397 24.52 24 Kashimsab Mohamad Ali Nadap Yeragatti 2398 30.65 25 1) Vishal 2) Hrushikesh S/o Mohan Rao Chowhan Yeragatti 2399 30.65 26 Abdul Gani Ibrahim Sab Khaji Yeragatti 2400 30.65 27 Khadir Sab Fakru Sab Bhagavan Yeragatti 2401/A 15.32 28 Muktumsab Fakrusab Bhagavan Yeragatti 2401/B 15.32 29 Md. Ali Saidusab Maniyar Yeragatti 2402 30.65 1) Mohammed Ali 2403 30.65 30 2) Ishrad S/o Mainuddin Khaji Yeragatti 31 Bapusab Mahabhub Sab Jamadar Yeragatti 2404 30.65 32 Kutubdhin Hasansab Jamakhandi Yeragatti 2405 30.65 33 Kutubdhin Hasansab Jamakhandi Yeragatti 2406 30.65 34 Mallikarjuna Eeshwarappa Gadad Yeragatti 2344 85.47 35 Mahantesh Eeshwarappa Gadad Yeragatti 2344/1 37.16 36 Husen Sab Meer Sab Khajgeri Yeragatti 2864 14.86 37 Basavanneppa Bhimappa Gadad Somanatti 131 50.15 38 Government School Somanahatti Somanatti 130/2§ 55.10 39 Baseppa Mallappa Dalavayi Somanatti 153/1 38.63 40 Sangappa Mallappa Chechadi Somanatti 153/C 29.00 41 Jnanadeva Chandrappa Tummara Guddi Somanatti 159 85.85 42 Somavva Rudrappa Kandroli Somanatti 152/1 31.50 43 Yallavva W/o Hanamanta Chuni Somanatti 152/1C 36.00 44 Shivappa Nagappa Chobari Somanatti 156 33.75 45 Ramappa Shiddappa Badigera Somanatti 156/C 36.07 46 Rudrappa Eerappa Chowbari Somanatti 157 63.55 47 Shivappa Basappa Chobari Somanatti 159/C 54.08 48 Muddappa Shivappa Chobari Somanatti 158 33.40 B Babu Sahadev Bedkar 299/1 142.70 49 Kudachi
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C. Structure loosers
Area Sl. Structure Affeced Village Side Name Type of Loss No. Status (in Sqm.) Imamsab Syedsab 1 Yargatti Commercial Squatter 6.00 LHS Maniyar Gangavva Fakirappa 2 Yargatti Commercial Squatter 9.00 LHS Channamitri Dilavarsab Dilavar 3 Yargatti Commercial Squatter 4.50 LHS Nayak Shanthappa 4 Yargatti Sripadappa Commercial Squatter 6.00 LHS Uttappanavar 5 Yargatti LHS Mahanthesh Commercial Squatter 4.00 Yunus S/o Kasimsab 6 Yargatti Commercial Squatter 6.00 LHS Doddavad 7 Yargatti LHS Santhosh Commercial Squatter 9.00 8 Yargatti LHS Hanumavva Commercial Squatter 4.00 9 Yargatti LHS Kadakol Commercial Squatter 9.00 10 Yargatti LHS Vijay Aarennavar Commercial Squatter 9.00 Mallik Sikkalagi 11 Yargatti Gurasab Husainsab Commercial Squatter 6.00 LHS Sikkalagi Renuka Fakirappa 12 Yargatti Commercial Squatter 6.00 LHS Tamoshi 13 Yargatti LHS Mahanthesh Hiremath Commercial Squatter 6.00 Virupakshappa 14 Yargatti Commercial Owner 2.00 LHS Sannakki Virupakshappa 15 Yargatti Commercial Owner 6.00 LHS Sannakki 16 Yargatti LHS Venkappa Sanjaginavar Commercial Owner 6.00 Erappa Gurupadappa 17 Yargatti Commercial Owner 7.50 LHS Benni Mahaboob Husainsab 18 Yargatti Commercial Squatter 9.00 RHS Nadaf Suresh S/o Bhimappa 19 Yargatti Commercial Squatter 10.00 RHS Ontigodi 20 Yargatti RHS Rasoolsab Commercial Squatter 6.00 Kasimsab S/o Sanna 21 Yargatti Commercial Squatter 6.00 RHS Husainsab Malliksab Rajasab 22 Yargatti Commercial Squatter 6.00 RHS Soudagar Imamsab Urf Dilavar 23 Yargatti Commercial Squatter 4.00 RHS Nayak Alla Baksh S/o 24 Yargatti Commercial Squatter 4.00 RHS Kasimsab Attar Azarathsab Ameensab 25 Yargatti Commercial Squatter 8.00 RHS Nadaf Abdulsab Husainsab 26 Yargatti Commercial Squatter 4.00 RHS Dilavar Nayak 27 Yargatti RHS Niyaz S/o Muktumsab Commercial Squatter 4.00 Firoz Basheer Ahmad 28 Yargatti Commercial Squatter 4.00 RHS Shabhas Khan
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Babulal Davalsab 29 Yargatti Commercial Squatter 4.00 RHS Karnachi 30 Yargatti RHS Maruthi Basidoni Commercial Squatter 6.00 31 Yargatti RHS Mohammad Gokak Commercial Squatter 4.00 Hyderbaig Muktumbaig 32 Yargatti Commercial Squatter 4.00 RHS Jamadar Manjunath S/o 33 Yargatti Commercial Squatter 4.00 RHS Sadashiva Durgappa Somappa 34 Yargatti Commercial Squatter 4.00 RHS Naykar 35 Yargatti RHS Shrishaila Basappa Vali Commercial Squatter 4.00 36 Yargatti RHS Kundayya Hiremath Commercial Squatter 1.00 Somalingappa 37 Yargatti Commercial Squatter 6.00 RHS Satyappa Tadasalur Mehaboobsab 38 Yargatti Commercial Squatter 6.00 RHS Janglisab Jangannavar Mahanthesh S/o 39 Yargatti Commercial Squatter 4.00 RHS Erappa 40 Yargatti RHS Mahesh S/o Gangadhar Commercial Squatter 1.00 Hallisab Nanasab 41 Yargatti Commercial Squatter 1.00 RHS Karnachi 42 Yargatti RHS Shanoor S/o Dilavarsab Commercial Squatter 5.00 43 Yargatti RHS Basavaraj Madar Commercial Squatter 9.00 44 Yargatti RHS Maniyar Angadimani Commercial Owner 12.25 Ajith Desai S/o Krishna 45 Yargatti Commercial Owner 16.00 RHS Rao Prakash Arts and 46 Yargatti Commercial Squatter 3.75 RHS Radium Works Sabeena 47 Yargatti Commercial Squatter 3.75 RHS Communication Gokak Times and 48 Yargatti Commercial Squatter 9.00 RHS Electronics 49 Yargatti RHS Dr. Ambedkar Samshte Commercial Squatter 9.00 50 Yargatti RHS Eshwar Commercial Squatter 7.50 Mahadevappa Sanna Legal 51 Yargatti Commercial 3.00 RHS Giriyappa Jarugu Tenant Shivananda Hair 52 Yargatti Commercial Squatter 4.00 RHS Dressers 53 Yargatti RHS Muktumsab Jamadar Commercial Squatter 20.00 54 Yargatti RHS Muktumsab Jamadar Commercial Squatter 1.00 55 Yargatti RHS Mutthu Commercial Squatter 6.25 56 Yargatti RHS Dyappa Barki Commercial Squatter 4.00 57 Yargatti RHS Swamigalu Commercial Squatter 4.00 Amzad Khan 58 Yargatti Commercial Squatter 4.00 RHS Chandkanavar 59 Yargatti RHS Owner Not Available Commercial Squatter 4.00 60 Yargatti RHS Owner Not Available Commercial Squatter 4.00 61 Yargatti RHS Ramesh Arts Commercial Squatter 4.00 Mudakappa 62 Yargatti Lakshmappa Commercial Squatter 2.00 RHS Harogoppa Jagadish Dundaiah 63 Yargatti Commercial Squatter 4.00 RHS Karjagimata 64 Yargatti RHS Pan Shop Commercial Squatter 4.00
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Basavana Commercial,(O),Open 65 Baburao Bedkar Owner 4.00 Kudachi LHS Plot Basavana Balu Urf Ningappa 66 Commercial Owner 4.00 Kudachi LHS Sahadev Bedkar Muddappa Shivappa 67 Somanahatti Commercial Owner 9.00 LHS Chobari Halaki Basanagowda E 68 Commercial Owner 4.00 Cross LHS Gowdar Legal 69 Yargatti Ganesh S/o D Raibagi Commercial 12.00 LHS Tenant Basappa Sangappa Boundary 70 Yargatti Owner 20.00 Pattanashetty Wall,(O),Open Plot LHS Udaykumar Balappa 71 Yargatti Commercial Squatter 6.00 LHS Hanabara 72 Yargatti RHS Gopala Shetty Commercial Squatter 1.50
D. List of those loosing structure – Host Population
Area Sl. Type of Structure Affeced Village Name No. Loss Status (in Sqm.) 1 Yargatti Sureyya Siraj Begam Commercial Squatter 2.00 2 Yargatti Kutubuddin Nadaf Commercial Squatter 4.00 3 Yargatti Mallikarjun Uppin Commercial Squatter 2.56 Tammanna 4 Yargatti Commercial Squatter 6.21 Sapnatamappa Wali 5 Yargatti Sikandarsab Nadaf Commercial Squatter 4.40 6 Yargatti Mallikarjun H Commercial Squatter 4.62 7 Yargatti Ravi Javoor Commercial Squatter 4.62 Chinnappa Dundappa 8 Yargatti Commercial Squatter 5.75 Hadimani Shanur S Kanda Sab 9 Yargatti Commercial Squatter 4.62 Nadaf Sadanand Patrayya 10 Yargatti Commercial Squatter 4.00 Virasatmath 11 Yargatti Mallamma Hiremath Commercial Squatter 4.40 Parvathi 12 Yargatti Commercial Squatter 4.60 Hanumanthappa Bhovi Panduranga 13 Yargatti Commercial Squatter 3.20 Ramachandra Naidu Chandrappa H 14 Yargatti Commercial Squatter 3.84 Channadara Shrishail Dundappa 15 Yargatti Commercial Squatter 4.80 Hadimani 16 Yargatti Asif Babusab Bhagvan Commercial Squatter 4.60 Babusab Husainsab 17 Yargatti Commercial Squatter 8.70 Sikkalagi Mahadevi Dundappa 18 Yargatti Commercial Squatter 10.50 Allannavar Hanumanthappa 19 Yargatti Commercial Squatter 6.25 Yellappa Kashavva 20 Yargatti Siddappa Erappa Commercial Squatter 4.62
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Area Sl. Type of Structure Affeced Village Name No. Loss Status (in Sqm.) 21 Yargatti Ravindra Annappavel Commercial Squatter 4.62 22 Yargatti Shivappa Madiwala Commercial Squatter 4.08 Muneerbaig Darkur baig 23 Yargatti Commercial Squatter 8.36 Jamadar Shivanand Basaprabhu 24 Yargatti Commercial Squatter 5.94 Yaraganavi Ramesh Satveerappa 25 Yargatti Commercial Squatter 5.28 Hampanna Mubaraq baig 26 Yargatti Commercial Squatter 9.60 Dastagirbaig Jamadar Alisab Dastagirsab 27 Yargatti Commercial Squatter 4.00 Samadi Fakrusab Rasulsab 28 Yargatti Commercial Squatter 5.72 Chandkhanavar Kempanna Balappa 29 Yargatti Commercial Squatter 5.25 Channmatri Basavaraj Basappa 30 Yargatti Commercial Squatter 11.70 Allanavar Siddappa Bhimappa 31 Yargatti Commercial Squatter 4.00 Hadapad Husainsab Moulasab 32 Yargatti Commercial Squatter 2.88 Chandkhanavar Kumar Basappa 33 Yargatti Commercial Squatter 5.00 Hadimani Mohammadsab Junglee 34 Yargatti Commercial Squatter 3.00 sab Jangvanavar Basavaraj Veeraiah 35 Yargatti Commercial Squatter 6.50 Karajagimath 36 Yargatti Gururaj Erappa Hoskoti Commercial Squatter 10.87 Fakirappa Kadappa 37 Yargatti Commercial Squatter 4.20 Chennanetri Vijay Dundappa 38 Yargatti Commercial Squatter 5.04 Kotrashetty Shivalingappa Erappa 39 Yargatti Commercial Squatter 3.00 Vali Suleman Mahaboob 40 Yargatti Commercial Squatter 5.00 Muragod 41 Yargatti Erappa Yellappa Navalgi Commercial Squatter 5.40 Paravva Maharudrappa 42 Yargatti Commercial Squatter 12.00 Dayannanavar Manjunath 43 Yargatti Hanumanthappa Commercial Squatter 7.50 Neelappanavar 44 Yargatti Rudrappa Yallappa Navi Commercial Squatter 4.83 Somalingappa Satyappa 45 Yargatti Commercial Squatter 6.21 Tadasalur
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Annexure 2: Minutes of the Meeting /attendance sheet for Vendor Market at Yargatti
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Annexure 3: Public Consultation Meeting Photos
Public Consultation Meeting at Belgaum on Public Consultation Meeting at Budigoppa on 10.02.2014 10.02.2014
Public Consultation Meeting at Budigoppa on Public Consultation Meeting at Halaki Cross on 10.02.2014 10.02.2014
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Public Consultation Meeting at Yargatti on 27.06.2014 Public Consultation Meeting at Yargatti on 27.06.2014
Public Consultation Meeting at Yargatti on 27.06.2014 Public Consultation Meeting at Somanahatti on 10.02.2014
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Annexure 4: Yargatti Panchayat Resolution for Vendor market
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Annexure 5: Terms of Reference for Monitoring Consultants
1. Background 1.The SCDP project intends to hire the services of an independent consultant to monitor the implementation of the RP being carried out by the PIU.
2. Objectives of the Assignment
2. The objectives of the Monitoring consultancy services are (a) to assess the implementation of the RP ;and(b) to monitor the schedules and the achievement of targets;
3. Scope of Services
3. The Consultant will undertake to do the following assignments:
- To report on the implementation of RAP on the ground and feedback from the affected people on periodical basis. - Report whether compensation has been paid according to the entitlement matrix. - Report whether allotment of the shops in shopping complex has been done for all the affected persons, who are eligible for it. - Track whether the host population has received all the entitlement due to them - Track and report the transition support - Track and report on how the grievances are handled - Determine remedial action if required. - How is the vendor markets proposed working, how many commercial units are operating from there. - Certify encumbrance free milestone along with the Executive Engineer. - Certify the Vendor market is complete in all respects and ready for occupation. This is to be done along with Executive Engineer. - Assist the PIU to respond to the World Bank on any matters related to the implementation of RP and related matters; - Provide certification prior to invitation of bid of the milestone confirming the completion of land acquisition, payment of compensation, mitigation of resettlement impacts and reconstruction of community properties in the respective stretches; - Ensure synchronization of R&R implementation with civil works timetable to avoid time and cost over runs. This should be done in close co-ordination with the construction supervision consultants; - Assist PIU in reviewing any additional reports during the implementation; - Prepare annual reports on the implementation of RP including land acquisition and payment of compensation;
4. Reporting
4. The Consultant shall submit the following reports: i. Inception Report with mobilization details ii. Quarterly Monitoring Reports iii. Final Completion Report containing implementation experience and lessons learned.
All reports should be submitted in hard copy and soft copy in MS Word for easy transmission.
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5. Methodology
5. As a part of the proposal, the consultants will propose the methodology to carry out the assignment. The methodology shall describe briefly(3-5 pages) the approach the consultant will adopt in carrying out the assignment and realize the objectives of the assignment.
6. Time line
6. The Consultant shall be hired for the period of project implementation that is 1 year.
7. Team for the Assignment
7. The Consultant shall deploy a team of which the positions and minimum qualification are stated in the following, with least one woman professional:
8. Team Leader: S/he should be a post-graduate in social sciences with at least 10 years of experience in the field of social development and projects requiring land acquisition. (Experience in land Acquisition is mandatory) S/he should have monitoring and evaluation experience of more than 5 projects, and should have held responsible positions in the previous assignments including as team leader. S/he should have adequate managerial skill and should be conversant with the region and the regional language.
9. Sub-Professional I: S/he should be a graduate in social sciences with at least 7 years of experience in the field of social development and participating rural appraisal. S/he should adequate knowledge of computers and should be conversant with the region and the regional language.
10. Sub-Professional II: S/he should be a graduate in statistics with good knowledge of computerized database development and management and should be conversant with the region and the regional language.
11. Support Staff: There shouldbe an adequate number of support staff. They should be able to perform as asked be the members of the team.There should be a good mix of women and men.
8. Location of office
12. The Consultant is required to have an office in Belgaum.
8. Payment Schedule
13. The payment schedule will be made against outputs as decided by the PIU.
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Annexure 6: Disclosure – Minutes of Meeting
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