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SOCIAL IMPACT ASSESSMENT STUDY FINAL REPORT
LAND ACQUISITION FOR KOTTAKKAL BYEPASS ROAD 3rd PHASE MALAPPURAM
Requiring Body
P.W.D Road Division Manjeri
01 February 2019 SIA Unit
RAJAGIRI outREACH Rajagiri College of Social Sciences Rajagiri P.O Kalamassery, Pin: 683 104 Ph: 0484 -2911332/2550785 [email protected]
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 2
CONTENTS
CHAPTER 1 - EXECUTIVE SUMMARY
1.1 Project and public purpose 1.2 Location 1.3 Size and attributes of land acquisition 1.4 Alternatives considered 1.5 Social impacts 1.6 Mitigation measures
CHAPTER 2 - DETAILED PROJECT DESCRIPTION
2.1 Background of the project, including developers background and governance/ management structure 2.2 Rationale for project including how the project fits the public purpose criteria listed in the Act 2.3 Details of project size, location, capacity, outputs, production targets, costs and risks 2.4 Examination of alternatives 2.5 Phases of the project construction 2.6 Core design features and size and type of facilities 2.7 Need for ancillary infrastructural facilities 2.8 Work force requirements (temporary and permanent) 2.9 Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports 2.10 Applicable legislations and policies
CHAPTER 3 -TEAM COMPOSITION APPROACH, METHODOLOGY AND SCHEDULE OF THE SOCIAL IMPACT ASSESSMENT
3.1 List of all team members with qualification 3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment 3.3 Sampling methodology used 3.4 Overview of information/ data sources used
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3.5 Schedule of consultations with key stakeholders and brief description of public hearings conducted
CHAPTER 4 - LAND ASSESSMENT
4.1 Description with the help of the maps, information from land inventories and primary sources 4.2 Entire area of impact under the influence of the project (not limited to land area for acquisition) 4.3 Total land requirement for the project 4.4 Present use of any public, utilized land in the vicinity of the project area 4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project 4.6 Quality and location of land proposed to be acquired for the project 4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns 4.8 Size of holdings, ownership patterns, land distributions and number of residential houses 4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years CHAPTER 5 - ESTIMATION AND ENUMERATION (WHERE REQUIRED) OF AFFECTED FAMILIES AND ASSETS
5.1 Estimation of families 5.1.1 Families which are directly affected (own land that is proposed to be acquired) 5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights 5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood 5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition 5.5 Families which have been residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land 5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition
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5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands) 5.6.2 Inventory of productive assets and significant lands. CHAPTER 6 -SOCIAL ECONOMIC AND CULTURAL PROFILE ( AFFECTED AREA AND RESSETLEMENT SITE)
6.1 Demographic details of the population in the project area 6.2 Income and poverty levels 6.3 Vulnerable groups 6.4 Land use and livelihood 6.5 Local economic activities 6.6 Factors that contribute to local livelihoods 6.7 Kinship patterns and social and cultural organization 6.8 Administrative organization 6.9 Political organization 6.10 Community based and civil society organizations 6.11 Regional dynamics and historical change processes 6.12 Quality of the living environment
CHAPTER 7 - SOCIAL IMPACT MANAGEMENT
7.1 Approach to mitigation 7.2 Measures to avoid mitigate and compensate impact 7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act 7.4 Measures that the Requiring Body has stated it will introduce in the project proposal 7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA 7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy 7.7 The Social Impact Management Plan that the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body.
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CHAPTER 8 -SOCIAL IMPACT MANAGEMENT PLAN INSTITUTIONAL FRAMEWORK
8.1 Description of institutional structures and key person responsible for each mitigation measures 8.2 Specify role of Non Governmental Organizations etc, if involved 8.3 Indicate capacities required and capacity building plan, including technical assistance if any 8.4 Timelines for each activity
CHAPTER 9 - SOCIAL IMPACT MANAGEMENT PLAN BUDGET AND FINANCING OF MITIGATION PLAN
9.1 Costs of all resettlement and rehabilitation costs 9.2 Annual budget and plan of action 9.3 Funding sources with break up
CHAPTER 10 - SOCIAL IMPACT MANAGEMENT PLAN MONITORING AND EVALUATION
10.1 Key monitoring and evaluative indicators 10.2. Reporting mechanisms and monitoring roles 10.3. Plan for independent evaluation
CHAPTER 11 - ANALYSIS OF COSTS AND BENEFITS AND RECOMMENDATION ON ACQUISITION
11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs 11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not.
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List of Tables
Table No 1.3.1 List of land owners and type of land
Table No 1.3.2 Extent of land acquisition
Table No 1.3.3 Type of land
Table No 1.5.1 Analysis of the various possible social impacts of the project
Table No 3.1.1 SIA team members
Table No 4.2.1 Possible Impacts of the project
Table No 4.2.2 Impact of productive assets
Table No 5.1.1 Religion of the affected families
Table No 5.1.2 Caste of the affected families
Table No 5.1.3 Family pattern
Table No 6.1.1 Age of the affected persons
Table No 6.1.2 Sex of the affected persons
Table No 6.1.3 Marital status of the affected family members
Table No 6.2.1 Monthly income of the affected family
Table No 6.2.2 Type of ration card
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List of Figures
Figure No 4.7.1 Type of use of land
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 8
Abbreviations
GO Government Order
LA Land Acquisition
MLA Member of Legislative Assembly
NH National Highway
PWD Public Works Department
RFCTLARR Right to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement
SH Sate Highway
SIA Social Impact Assessment
SIM Social Impact Management Plan
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District Rajagiri Educational Alternatives and RAJ AG I Rl CH Community Health (outREACH) Service Society Rajagiri College of Social Sciences (Autonomous) Rajagiri P.O., Kalamassery - 683 104, Kerala, India, Ph: +91 484 2911330-332, 2550785 RCSS RAJAGIRI COLLEGE OF Telefax: +91 484 2532862, E-mail: [email protected] / [email protected] website: www.rajagirioutreach.org SOCIAL SCIENCES
Declaration
As per the Kerala Gazette (Extraordinary) No.2672 dated 27.10.2018 & Govt, of Kerala Revenue (B) Department Notification G.O (P) No.67/2018 RD, dated 26.10.2018, RAJAGIRI outREACH, Rajagiri College of Social Sciences, Kalamassery is assigned as the SIA Unit to study the Social Impact Assessment of Land Acquisition for Kottakkal Bye-pass Road, Phase 3 Kottakkal village of Thirur thaluk in Malappuram District. The land details are given to the SIA team by Special Tahsildar Office LA General. The SIA team has collected data from the project affected families. The supportive documents have to be verified by the concerned authorities.
01.02.2019 Kalamassery RAJAGIRI outREACH
Offices of RAJAGIRI outREACH Service Society, the professional service wing of Rajagiri College of Social Sciences ERNAKULAM • PERUMBAVOOR • THRISSUR • PONNANI
Registered under Travancore-Kochi Literary, Scientific and Charitable Societies Act XII of 1955- Reg. No. ER 157/02 PAN No. AAATR5978C 9
CHAPTER 1 EXECUTIVE SUMMARY
1.1. Project and Public Purpose
India is in a developing era, so it is important that the development of both the rural and urban area would be go together. Focusing on the infrastructural development is very much important in the creation of the baseline development of the nation. Construction and development of the roads and bridges are included in the infrastructural development. It will help for the easy transportation both in the sense of public travelling and goods transportation. It will also help to reduce the traffic problems of the area.
The Kottakkal town bye-pass road is in the 3 rd phase. The road would connect between
Kuttippuram Kottakkal road to NH - 17 (1.55 km). It is a public need. The proposed road will help to reduce the traffic in Kottakkal town. By constructing the road public to enter the NH -17 without touching the Kottakkal town.
1.2. Location
Village Kottakkal Taluk Tirur Municipality Kottakkal District Malappuram
1.3. Size and Attributes of Land Acquisition
The proposed project area belongs to the Kottakkal village of tirur thaluk in Malappuram district.
The proposed project will involve land acquisition of 2.3276 hectares of land. Out of the total land requirement, approximately 0.1100 hectare is wetland and approximately 2.2176 hectare is
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 10
dry land. The total area of the land belongs to 5 blocks under different survey numbers and sub
division numbers. Presently the land is used for residential and agricultural purpose.
Table No. 1.3.1 List of Land Owners and Type of Land
Sl. Name of the Land Owner Survey Number Type of Land No
1. Sri. Amarayil Beeran Master 451/2,3 Wetland
2. Sri. Amarayil Kinji Komu 450/1,2,3,14, 15 Dry land
3. Sri. Amaryil Ahammad 450/5 Dry land
4. Smt. Amarayil Rukhiya 450/5 Dry land
5. Smt. Amaryil Kunji Khadiya D/o Kunji Komu 450/17 Dry land
6. Sri. Amarayil Mammi Haji 450/5 Dry land
Wife- Mariyammu
7. Sr. Pariyath Hamsa 401/16 Dry land
8. Sr. Thayyil Abdhurahiman S/O Moideen 401/17 Dry land
9. Sri. Amarayil Alavi S/O Bava Haji 401/18 Dry land
10 Sri. Amarayil Jaleel 402/13 Dry land
11 Sri. Amarayil Abdurahiman S/O Kunji 402/5 Dry land Moideen
12 Smt. Amarayil Pathumma 402/6 Dry land
13 Sri. Amarayil Alavi S/O Muhammad Haji 402/6 Dry land
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14 Smt. Amarayil Kunji Pathumma 402/6 Dry land
15 Mosque Committee Kuttippuram 402/6 Dry land
16 Sri. Amarayil Abdurahiman 402/7 Dry land
17 Sri. Attumpurath Sivanandhan 402/11 Dry land
18 Sri. Puzhithara Saithalavi 402/10 Dry land
19 Sr. Karuvakottil Hamsa S/O Ayamutti Haji 402/12 Dry land
20 Sri. Pulikkal Moitheen Kutty 403/6 Dry land
Wife- Pathumma
21 Sri. Pulikkal Beeran Kutty 403/14 Dry land
Wife- Aishu
22 Sri. Pulikkal Moithu S/O Ahammad Kutty Haji 403/3 Dry land
23 Sri. Pulikkal Abdulla S/O Beeran Kutty 403/4,5 Dry land
24 Smt. Thayyil Khadeeja D/O Moitheen Kutty, 426/1 Dry land Kuttippuram Kottakkal
25 Sri. Pulikkal Saithalavi S/O Motheen Kutty 426/2 Dry land
26 Si. Chembra Seithalavi S/O Muhammad 426/3,6 Dry land Kottakkal
27 Sri. Karippayi Enikutty S/O Haidru Kottakkal 426/1 Dry land
28 Sri. Parakadavath Motheen 426/1 Dry land
29 Sri. Kongappally Marakkar S/O Muhammad 426/1 Dry land Haji Kottakkal
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30 Sri. Pulikkal Bapputty Haji S/O Koya Haji 425/3 Dry land Kuttippuram
31 Sri. Karippayi Enikkutty S/O Haidru Kottakkal 405/7,10 Dry land
32 Channekkadan Abdurahiman wife- Aisha 405/9 Dry land
33 Sri. Unnith Komu, Pallippuram 424/2 Dry land
34 Smt. Saithalavi, Karuvakkottil 406/7 Dry land
35 Sri. Chakkalath Abdul Majeed S/O Abdulla 423/2 Dry land Chenakkal 406/7
36 Sr. Kandayappuram Kunji Mahammad Kutty 417/11 Dry land S/O Moitheen Kutty
37. Kalodi Kathiyumma 406/7 Dry land
W/O Kunjipokkar
38 Sri. Chakkalakkal Abdul Majeed S/O Abdulla 406/7 Dry land
39 Sm. Abdul Rahiman Bava 406/8 Dry land
40 Sri. Vadakkal Arikkodan 417/1 Dry land
41 Sri. Gopi anukuttan Nair 418/5,1 Dry land
42 Sri. Madakkal Khathiyumma 417/7 Dry land
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43 Sri. Thayyil Savandan 417/3 Dry land
S/O Appu
44 Sri. Ayikkathodi Abubakkar Haji 417/2,3 Dry land
45 Sri. Mangatt Moithu S/O Kammad 418/1 Dry land
46 Sri. Manjappurath Rasheed 418/1 Dry land
Table No 1.3.2 Extent of Land Acquisition
Blocks Survey Numbers Sub Division Nos. Approximate extent of Land (Ares) 451 2,3,4,8 8.08
1 450 1,2,3,4,5,814,15,16,17 28.06 401 16,17,18,21 8.70
2 402 5,6,7,10,11,12,13 38.30
403 3,4,5,6,13,14 27.22
3 426 1,2,3,5,6 14.32
425 3,2 7.64
405 7,9,10 15.46
4 424 2 1.00
423 2 18.90
406 6,7,8 4.56
5 417 1,2,3,7,1 42.92
418 1,3,14,1,7 17.60
Total Extent 232.76 Ares
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Table 1.3.3 Type of Land
Type of land Number of Families Purayidam 45 Nilam 1 Total 46
In total the land of 46 families will be acquired for the project; The table 1.3.3 explains that land of the 45 families are coming under the category of “Purayidam”, land of the 1 families is coming under the “Nilam” Category.
1.4 Alternatives considered
Construction of the 1st and 2nd phase of the Kottakkal town byepass road has completed. The proposed project envisages only the construction of the 3 rd phase of the bye pass road. Hence, the consideration of alternatives at this stage is not relevant here.
1.5 Social Impact
Among the total affected land owners there are 45 families and 1 mosque. During the survey the
SIA team can understand that 26 families are partially affected by the project and 2 families are fully affected by the project. Agriculture of 16 families are affected by it. 13 houses are affected by the project. One compound wall will be destroyed by it. 4 families will be displaced due to the project. 4 wells will be affected by it. Livelihood of 10 household will be losing by the project. 4 families will be displace from the proposed area due to the project.
Lots of trees around 334 coconut trees, 4 mahagani, 18 mango trees, 58 jack fruit trees, 9 Sandal,
116 Areacanut, 52 Pineapple etc. have to be cut down for the project.
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Some of the affected families are facing multiple land acquisition , they are shared their queries
during the public hearing. They opined that, they will be consider with priority.
Due to the land acquisition the entrance of some houses will be denying. They are shared the
concern during the public hearing. They need to get access to the road from their land.
On the proposed land there is mosque, that will also will affected by the project.
The table below will give a clear picture on the possible social impacts of the project
Table 1.5.1.Analysis of the Various Possible Social Impacts of the Project
SI. No Type of Impact Status 1 L0SS 0f Land 46 families will lose their land
2 Loss of Builf>up 13 houses and its related infrastructures Property 3 Displacement 4 families will be displaced.
334 Coconut trees, 116Areacanut , 52 Pineapple, 20 Pepper, 3 Guava, 4 Mahagony, 18 Mango tree, 4 Loss of Trees 1 Anjili, 8 Perumaram, 58 Jack fruit, 3 Murikk, 1 Ambazham, 220 Banana, 30 Seemakonna, 9 Sanadal, 2 Karukappatta
Loss of 5 16 families will lose their agriculture agriculture
Loss of 6 10 families are affected their livelihood Livelihood
Note: The above data is arrived as per the information provided by the respondents during the Survey and Public Hearing. Supporting documents need to be verified during Land acquisition.
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1.6. Mitigation Measures
The policy vide G.O.(Ms) No.448/2017/RD dated 29/12/2017 issued by Revenue(B)
Department, Government of Kerala for the rehabilitation and resettlement package for acquisition of land in the state in lieu of RFCT LARR Act 2013 will be applicable to the land acquisition for Kottakkal bye pass road 3 phase.
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CHAPTER 2
DETAILED PROJECT DESCRIPTION 2.1 Background of the project, including developers background and governance/ management structure
The Kottakkal Bye-pass road is a major project got administrative sanction as per the (RT) No.
1002/2015/PWD dated 14/07/2015 from Public Works Department. Kottakkal town is a fast growing and developing center in Malappuram District. Kottakkal is a world famous place since the Kottakkal Arya Vaidya Sala - The Ever Green Name in Ayurveda situates at the heart of the city. Tirur-Malappuram road is passing through the center of the town which has been upgraded as state highway (71) due to heavy traffic. It acts as a main link to Kadampuzha- the ancient
Devi temple and worship center in south India. Kottakkal bus stand is one of the busiest locations of Kottakkal town.
In order to minimize the frequent traffic jams a proposal for a bye pass from Tirur -
Malapputram road (SH-71) to NH-17 was made very earlier itself. More over the ending of the proposed road at Chenakkal comes as a main junction with revised alignment of NH - 17. The town being severely congested nowadays the snare of traffic is a common phenomenon. By constructing the bye pass not only saving of about 2.500 km, can be saved but also hours of time to overcomes the traffic obstruction due to dead slow movement of heavy vehicles amongst the crowd and vehicles at Kottakkal town.
The total strength of the bye pass (4.590 km) had been considered as three phases as follows
4- Phase I : Tirur - Malappuram road km 16/500 to Chappanangadi - Indianoor -
Kottakkal road (1.356 km)
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-I- Phase II : Chappangadi - Indianoor - Kottakkal road to Kuttippuram - Kottakkal
road (1.684 km)
4- Phase III : Kuttipuram - Kottakkal road to NH - 17 (1.550 km)
2.2. Rationale for Project including how the project fits the public purpose criteria listed in the Act
The construction of the new bye pass road 3 phase would connect the Kuttippuram Kottakkal road to N.H 17. This will helpful for the public to avoid the hectic traffic block of Kottakkal town. The bye pass road construction is divided into three phases. 1st and 2nd phases are completed. The remaining 3 phase will be complete after that the bye pass road will be consecrate for the public.
The Kottakkal bye pass road will help for the public for avoiding the traffic problems in
Kottakkal town. The proposed bye pass road will make easy the way of devotees who are going to the Kadampuzha Devi temple. Thus the proposed project shall be considered as public purpose as per Section 2 (b) (1) of RFCT LARR Act.
2.3. Details of project size, location, capacity, outputs, production targets, costs and risks
The proposed 3 phase of the Kottakkal bye pass road would connect Kuttippuram - Kottakkal road to NH 17. The proposed road will have a width of 16 m and a length of 1.55 km. The proposed road would connect the Puthur - Chenakkal to NH 17.
The affected area belongs to Kottakkal Village in Tirur Taluk. The proposed road will connect Kuttippuram Kottakkal - Puthur to Chenakkal, which will connect to the NH - 17.
Proposed items of surfacing
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Providing GSB 300 mm (7400 mm vide)
Providing WMM 200 mm (7200 mm vide)
Surface dressing 20 mm (7200 mm vide)
Prime coat
Tack coat
Providing BM 50 MM (7000 mm vide)
Providing BC 25 mm (7000 mm vide)
Cost:
Total cost of the project is calculated as 2175 lakh.
2.4. Examination of Alternatives
1st and 2nd phase of the construction of Kottakkal town bye pass road has completed. The
proposed project envisages only construction of the 3 phase. Hence, the consideration of
alternatives is not relevant here.
2.5. Phases of the Project Construction
The total construction of the bye pass will divided into three phases. The 1st and 2nd phases were
completed.
1st phase would connect the Tirur Malappuram road to Chappangangadi - Indianoor -
Kottakkal road which is 1.356 km.
2nd phase would connect Chappangangadi - Indianoor - Kottakkal road which is 1.684 km.
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3rd phase which is going to start the construction would connect Kuttippuram - Kottakkal road
to NH - 17 which is 1.55 km.
2.6. Core design Features and Size and Type of Facilities
The length of the proposed road is 1.550 k.m Proposed items of surfacing
Providing GSB 300 mm (7400 mm vide)
Providing WMM 200 mm (7200 mm vide)
Surface dressing 20 mm (7200 mm vide)
Prime coat
Tack coat
Providing BM 50 MM (7000 mm vide)
Providing BC 25 mm (7000 mm vide)
2.7. Need for Ancillary Infrastructural Facilities
Not applicable
2.8. Work Force Requirements
The work force is equipped with modern machineries and planned man power in various range in
terms of skilled, semi- skilled, and unskilled labours.
2.9. Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports
Not Applicable
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2.10. Applicable Legislations and Policies
The applicable laws on land acquisition, rehabilitation and resettlement for the proposed project land acquisition for Kottakkal Bye pass road 3 rd phase are:
^ The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013.
^ Government of Kerala - Revenue (B) Department -State Policy for Compensation and
Transparency in Land Acquisition vide G.O (Ms) NO.485/2015/RD dated 23/09/2015.
^ Government of Kerala - Revenue (B) Department -State Policy for Rehabilitation and
Resettlement Package for Land Acquisition in the State in lieu of RFCTLARR Act 2013
vide GO(MS)No.448/2017/RD dated 29/12/2017.
^ Right to Information Act, 2005
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CHAPTER 3
TEAM COMPOSITION APPROACH, METHODOLOGY AND SCHEDULE OF SOCIAL IMPACT ASSESSMENT
As per G.O (P). No.67/2018/RD dated 26.10.2018; Revenue B department, government of
Kerala has notified RAJAGIRI outREACH, as the SIA Unit to study the Social Impact
Assessment of the land acquisition for Kottakkal Bye pass road 3 phase.
3.1 List of all team members with qualification
The study team is headed by the Project Director, RAJAGIRI outREACH, who is the Chairperson of SIA Unit. A team of 7 members having experience in conducting Social Impact Assessment
Study and Socio Economic Surveys were assigned for field level data collection, monitoring of data collection and co-ordination of the study. Representatives from Revenue Department supported the investigators to identify the affected families. Details of the study team are mentioning in the table below:
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Table No. 3.1.1 SIA Team Members
Sl.No Name Qualification and Designation Experience 1. Meena Kuruvilla MSW, 30 years in development sector Chairperson - SIA Unit 2. Ranjith K U DSS, 23 years in development sector Research Associate - SIA Unit 3. Biju C.P 23 years in development sector BA - Research Associate 4. Tony Babu MSW 1Years experience in Research Associate development sector 5. Gigin.P.S MSW 1 Years experience in Research Associate development sector 6. JerinJ MSW 1 Years experience in Research Associate development sector 7. Priyanka Prakash MSW 1 Years experience in Research Associate development sector
3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment
The objective of Social Impact Assessment (SIA) is to enumerate affected land and structures, affected families and persons, to identify social impacts, and to prepare Social Impact
Management Plan (SIMP). In order to capture data for the present exercise, both primary as well as secondary sources were systematically tapped. As a part of SIA, census socio-economic survey has been conducted by experienced members of SIA Unit in the proposed project area to list out the favorable and adverse impacts of the project. Before preparing the SIA study report
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 24 the study team acquired maximum information about the project. Questionnaires are used to collect data from the affected families.
3.3 Sampling methodology used
Since sampling methodology was not suitable for the proposed project, all the 46 families were studied in detail.
3.4 Overview of information/ data sources used
Secondary source information was collected from various concerned departments including
Office of the Special Tahsildar (LA), and Requiring Body of the project. Thus, secondary source information complemented the primary data elicited through field survey from the affected people and other stakeholders. Besides understanding was created about the physical, social, economic, and cultural set-up of the project area.
3.5 Schedule of consultations with key stakeholders and brief description of public hearings conducted
> Kerala Gazette Notification : 26.10.2018
Revenue B Department entrusted RAJAGIRI outREACH to conduct the SIA study
> Preliminary visit to the affected area : November 2018
> Data Collection : 08.12.2018
> Notification of Public Hearing : 15.12.2018
> Draft Report Submission : 28.12.2018
> Public Hearing : 29.12.2018
> Final Report Submission : 01.02.2019
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District Public Hearing
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Public Hearing: As per Form 5 of Rule 14 (1) of the Kerala Right to Fair Compensation and Transparency in
Land Acquisition Rehabilitation and Resettlement Rules 2015, a public/community consultation
(Public Hearing) of Kottakkal bye pass was held on 29th December, 2018 at Kottakkal
Municipality hall. Honorable. M.L.A (Kottakkal) Sri. Abid Hussain Thangal, Binu. S -Deputy
Tahsildar, Abdu Kannakadan- Village Officer, PWD representative, K. K Najan- Chairman
Kottakkal Municipality, P. Saidalavi- Ward Councilor and affected persons from various families were participate in the public hearing. . Smt. Meena Kuruvilla, SIA unit chairperson &
Project Director RAJAGIRI outREACH was chaired the meeting. Draft report presentation was conducted during the hearing. The affected persons shared their concerns and anxieties in front of the SIA unit and the officials. The officials were responded to their concerns.
The public hearing session has recorded with video streaming. The concerns/anxieties/queries raised by the participants were given to the requiring body in writing and it was answered by them. The details are given in the below given table.
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Land Acquisition for Kottakal Bypass Road
Social Impact Assessment Study
Venue: Muncipality Hall, Kottakal Malappuram district
Date & Time: 29.12.2018; 11.30 PM
Participants: Project Affected Family members, Representatives of Local Self Government, Special Tahsildar (LA) and the Requiring
body and Social Impact Assessment Unit (RAJAGIRI outREACH)
SL Affected person Concern Raised Remarks by Requiring Authority No
1. Faisal 1. Wanted to clarify the differences in the amount of land 1. May take opinion that is to be acquisitioned for the road in the two from revenue surveys. department. 2. Seeks relaxation of the 5m distance requirement for 2&3:Detailed Road building to ensure that the remaining land is not estimate may rendered useless. prepare after land 3. Opined that the road and land (property) be made acquisition all the level. se matters consider
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 28
on that estimate 2. Shaukat Ali M 1. Proper and fair compensation (at least 3lakhs) 1&2:Compensation may 2. A small corner is left after the land is acquisitioned provide as per the existing and it cannot be used and hence he is requesting that rules and regulation. the entire land be taken. 3.after land acquisition 3. He hoped that the construction of the road be construction may complete completed as fast as possible. with in one year
3. Muhamed Mustafa 1. Requires compensation for the loss of his well. 1&2:Compensation may 2. Requests that a protection wall be constructed. provide as per the existing rules and regulation 4. Abubakar He would like to know the compensation given for the loss to Compensation may provide trees (coconut trees). as per the existing rules and regulation 5. Abdul Majid As per the current measurement the road cuts of the steps to Compensation may provide his house and hence that house cannot be used and thus wants as per the existing rules compensation for the same. and regulation 6. Valsalakumari 1. Will loss their agriculture 1&2:Compensation may 2. Protection wall for the house as the road passes very provide as per the existing near to it. rules and regulation 7. Representative of the As per the measurement there is a mosque affected by it. The Compensation may Mosque representative of the same would like to know about the provide as per the existing
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 29
compensation procedures. Know that the compensation rules and regulation money will go to the mosque board or to the mosque. 8. Enthi Karippayi Requests that a protection wall be constructed. May consider protection wall for the road protection if necessary at the time of estimate preparation 10. Kunje Muhammed 1. Entire land be taken over. Compensation may provide 2. Compensation for the loss of agriculture. as per the existing rules and regulation 11. Abdul Rahman 1. A small portion of the land is alone is not taken and Acquisition and wishes that the same be taken over. Compensation may provide 2. Stated that there is a loss of agriculture. as per the existing rules and regulation 12. Pulickal Muhammad 1. Ramps or access to the road. Ramps and accesses may 2. Construction of protection wall. provide at the time of 3. Proper and fair compensation construction 13. Nafiza The porch, garden and a portion of the wall is lost and wishes Ramps and accesses may that vehicles entry to the property should be facilitated. provide at the time of construction 14. Muhamed Bin Would like to know the details regarding the amount of land Compensation may provide being acquisitioned. as per the existing rules and regulation.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 30
15. Mangaitil Moidhu 1. Multiple Displacement Act Land may take as per 2. Land should be taken equally from both the sides approved alignment
16. Amayil Beerai 1. Multiple Displacement Act Compensation may provide (Kuttipuram) as per the existing rules and regulation
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 31
CHAPTER 4 LAND ASSESSMENT
4.1 Description with the help of the maps, information from land inventories and primary sources
The affected land belongs to Kottakkal village of Thirur thaluk in Malappuram district. The place is famous in the name of Ayurveda. Kottakkal Aryavaidya Shala is the world famous
Ayurveda treatment center.
4.2 Entire area of impact under the influence of the project
Among the total affected land owners there are 45 families and 1 mosque. During the survey the
SIA team can understand that 26 families are partially affected by the project and 2 families are fully affected by the project. Agriculture of 16 families are affected by it. 13 houses are affected by the project. One compound wall will be destroyed by it. 4 families will be displaced due to the project. 4 wells will be affected by it. Livelihood of 10 household will be losing by the project. 4 families will be displace due to the project.
Lots of trees around 334 coconut trees, 4mahagani18 mango trees, 58 jack fruit trees, 9 Sandal,
116Areacanut, 52 Pineapple etc. have to be cut down for the project.
Some of the affected families are facing multiple land acquisition, they are shared their queries during the public hearing. They opined that, they will be considering with priority.
Due to the land acquisition the entrance of some houses will be denying. They are shared the concern during the public hearing. They need to get access to the road from their land.
The table below will give a clear picture on the possible social impacts of the project
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 32
Table 4.2.1 Possible Impacts of the Project
Possible Impact of the project Number of families Loss of land 46 Affected residence 13 Loss of Livelihood 10 Displacement 4
Table 4.2.2. Impact on Productive Assets
Name Number Coconut 334 Mahagani 4 Jack Fruit 58 Banana 220 Areca nut tree 116 Seema konna 30 Sandal 9 Mango tree 18 Murikk 3 Aanjili 1 Pineapple 52 Padumaram 8 Guava 3 Badam 3 Pepper 20 Karukappatta 2
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 33
4.3 Total land requirement for the project
The proposed project of construction of Kottakkal bye pass road shall require 2.3276 Hectares
of land for the implementation of the project. The affected area belongs to the Kottakkal village
of Thirur thaluk in Malappuram district. Total land falls in to 46 survey numbers. Among that
45 are Purayiodam category and 1 is Nilam category. .
4.4 Present use of any public, utilized land in the vicinity of the project area
The area and all the affected land is owned by private parties, thus no public land is affected
with this project.
4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project
No land is purchased, alienated, leased or acquired already in the area for the requirement of the
proposed project.
4.6 Quality and location of land proposed to be acquired for the project
In total, 2.3276 Hectares of land is proposed to be acquired for the project and is located in
Kottakkal village. The proposed land is using for agriculture purpose by 16 families using the
land for agricultural purposes.
4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns
The total land is falls under 46 survey numbers. Among that 45 lands are comes under the Purayidam category and 1 is comes under Nilam category.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 34
Figure No. 4.7.1 Type of Use of Land
Information not Available 8
Other 1
Residential 13
Agriculture 16
Open Land 8
0 5 10 15 20
From the above figure it is understandable that the type of use of land of the proposed area. 16 families are using the land for agricultural purposes 13 families using the land for residential purposes only one family is using the land for other purpose, which is for compound wall. 8 lands are open land. Information is not available form 8 families.
4.8 Size of holdings, ownership patterns, land distributions and number of residential houses
The affected properties are owned by 45 families and one mosque. 21 families the land acquired by hereditary pattern and 18 families are acquired by purchase of the land. Details of 8 affected persons is nor available.
4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years
As per the information given by the respondents, no transactions had been taken place in the affected properties for the last three years and the market price of land as per the recent transactions in the locality was between Rs.8 to 10 lakhs per cent.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 35
CHAPTER 5 ESTIMATION AND ENUMERATION (WHERE REQUIRED) OF AFFECTED FAMILIES AND ASSETS
This chapter comprises of the details of the families that are directly and indirectly affected by the project, extend of impact and the mitigation measures that the requiring body stated that it will introduce in project proposal.
5.1 Estimation of families
5.1.1 Families which are directly affected (own land that is proposed to be acquired)
There are 46 families who are being directly affected because of the land Acquisition for construction of Kottakkal bye pass road 3 phase and their socio-economic background is assessing below:
Social Background of the Directly Affected families
Table No 5.1.1. Religion of the Affected families
Religion Frequency Hindu 6
Muslim 34
Not Responded 5
Total 45
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 36
From the figure it is clear that, in the affected area 34 families are following Islam religion, 6 families are following Hindu religion and 5 families are not responded to the question.
Table No 5.1.2. Caste of the Affected families
Sl.No Social Group Number
1 SC 1
2 ST Nil
3 OBC 6
4 General 24
5 Not Responded 15
The table shows that, among the total affected families 26 are general community, 6 families are
OBC and 1 is SC. From 15 families were not responded to it.
Table No 5.1.3.Family Pattern
Family pattern Frequency Joint 7 Nuclear 24 Single 1 Information not 13 Available Total 45
About 7 families follow joint family system,24 families follow nuclear family system and only 1 is staying alone. Information is not available from 13 households.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 37
5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights
No families belonging to Scheduled Tribe and other traditional forest dwellers are residing in the
land proposed for acquisition.
5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood
No families depend on common property resources will be affected due to acquisition of land of
their livelihood.
5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition
Not applicable
5.5 Families which have been residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land
Not applicable
5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition
5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands)
Agricultural labours working in the project affected area for more than 3 years should be considered as the indirectly affected families of the project.
5.6.2 Inventory of productive assets and significant lands • Lose of productive assets are specified in Table in 4.2.2. • On the proposed area there is mosque, this will also affected by the project.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 38
CHAPTER 6 SOCIAL ECONOMIC AND CULTURAL PROFILE
6.1 Demographic details of the population in the project area
Demographic details of the 46 project affected families studied are analyzing below:
Table No 6.1.1 Age Group of the Affected Persons
Age in years Number
0-18 57
19-30 39
31-45 30
46-59 29
60 and above 23
Total 178
Table 6.1 reveals the age group distribution of the affected persons in the area.23 respondents are above 60 years of age. 57 respondents are belongs to up to 18 years. 39 respondents are belongs to 19 - 30 years old. 30 respondents are belongs to the age group of 31 - 45. The remaining 29 respondents are belongs to the age group of 46 - 59.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 39
Table No. 6.1.2
Sex of the Affected Persons
From the available information we can understand that, the proposed area consist of 100 male and 98 females.
Table No. 6.1.3 Marital Status of the Affected Family Members
Marital Status Total
Married 102
Unmarried 22
Widow/widower 10
Separated 1
Children 117
TOTAL 252
From the above table shows that 102 married, 22 unmarried, 10 widowers, 1 separated and 117 children are included in the project affected people..
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 40
6.2 Income and poverty levels
Table No. 6.2.1 Monthly Income of the Affected Family Description (Amount in Rs) No of families
1000 - 5000 4
7001 - 10000 5
10001 - 15000 3
15001 - 20000 9
20001 - 30000 1
30001 - 40000 1
40001 - 50000 4
70001 - 100000 1
Data unavailable 12
Out of the affected families, 4 families are earning monthly income in between 1000 - 5000 (in
Rs). 5 families are earning between Rs. 7001 - 10000. 3 families are earning between Rs. 10001
- 15000. 9 families are earning monthly between Rs. 15001 - 20000. Only one family each belongs between Rs. 20001 - 30000, 30001 - 40000 and 70001 - 100000. 4 families are belonging to between Rs. 40001 - 50000. From 12 family members the data is unavailable.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 41
Table 6.2.2. Type of Ration Card Color of Ration card Number of families
White 8 Blue 9 Pink 10 Yellow 11 Information not revealed 7 Total 45
From the table it is clear 10 families have pink card, 9 families have blue cards, 8 families have white cards and 11 families have yellow cards. 7 families were not responded to the question.
6.3 Vulnerable groups
> 23 members of the project affected people who are in the age group of above 60 years, 117 children below 18 years are defined as the vulnerable groups that are affected because of the project. > 10 widows/widowers, belongs to the affected families are also considered as vulnerable groups that are affected because of the project. > 1 person is separated also considered as vulnerable groups that are affected because of the project.
6.4 Land use and livelihood
16 families are using the land for agricultural purposes 13 families using the land for residential purposes only one family is using the land for other purpose, which is for compound wall.
Livelihood of 10 families will be affected by the project.
6.5 Local economic activities
Not Applicable
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 42
6.6 Factors that contribute to local livelihoods
Agriculture is important in the livelihoods of local people in Kottakkal. Coconut is the major
cultivation of the proposed land.
6.7 Kinship patterns and social and cultural organization
Out of the affected families 21 households are hereditary transferred. 18 families are purchased
the land. However there are considerable numbers of nuclear families living in the area.
6.8 Administrative organization
None of the administrative organization establishments were affected by the project.
6.9 Political organization
None of the political organization establishments were affected by the project. However during
survey and meeting with political leaders Shri. Abid Husain Thangal - MLA, Ward councillors,
etc have opined to speed up further proceedings.
6.10 Community based and civil society organizations
Not applicable
6.11 Regional dynamics and historical change processes
No major negative impact could be found regarding the regional dynamics and historical change processes.
6.12 Quality of the living environment
The project area located at Kottakkal village of Tirur thaluk in Malappuram district. The land is
comes under majority of the dry land category. Coconut is the major cultivation in the area. The
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 43 environmental condition is good in nature. Priestly on the proposed area there is 45 houses and
1 mosque.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 44
CHAPTER 7 SOCIAL IMPACT MANAGEMENT
7.1 Approach to mitigation
• The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B)
Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for
the rehabilitation and resettlement package for land acquisition in the state in lieu of
RFCTLARR Act 2013 shall be provided to the affected land owners.
• Consider the request of affected parties to the need of protection walls.
• Displaced families for the project should be treated with priority.
• Some families are facing multiple displacement should treat with priority.
• Acquire the land left after the acquisition, otherwise it will be useless.
• Provide fair compensation to the loss of wells.
• There will be a religious institution (Mosque) will be affected by it, provide fair
compensation.
7.2 Measures to avoid mitigate and compensate impact
Fair compensation and mitigation measures as explained in Point 7.1.
7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act
The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B)
Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLARR
Act 2013.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 45
7.4 Measures that the Requiring Body has stated it will introduce in the project proposal
Measures stated by the requiring body in the project proposal as sufficient fund has been reserved as compensation.
7.5 Measures that the Requiring Body has stated it will introduce in the project proposal
Measures stated by the requiring body in the project proposal as sufficient fund has been reserved as compensation.
7.6 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA
Not Applicable
7.7 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy
• The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B)
Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for
the rehabilitation and resettlement package for land acquisition in the state in lieu of
RFCTLARR Act 2013 shall be provided to the affected land owners.
• Consider the request of affected parties to the need of protection walls.
• Displaced families for the project should be treated with priority.
• Some families are facing multiple displacement should treat with priority.
• Acquire the land left after the acquisition, otherwise it will be useless.
• Provide fair compensation to the loss of wells.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 46
• There will be a religious institution (Mosque) will be affected by it, provide fair
compensation.
7.8 The Social Impact Management Plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body
Not Applicable
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 47
CHAPTER 8
SOCIAL IMPACT MANAGEMENT PLAN INSTITUTIONAL FRAMEWORK
8.1 Description of institutional structures and key person responsible for each mitigation measures
RTFCTLARR Act, 2013 defines the Administrator appointed by the State Government would
be the person responsible for Preparation of Rehabilitation and Resettlement Scheme for
affected families of Land Acquisition. Subject to the superintendence, directions and control of
the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the
formulation, execution and monitoring of the Rehabilitation & Resettlement Scheme shall vest
in the Administrator.
As per G.O. (Ms) No.485/2015/RD, dated 23/09/2015, The Kerala State Policy for
Compensation and Transparency in Land Acquisition, the District Level Fair Compensation,
Resettlement and Resettlement Committee comprising :
• District Collector, Administrator for resettlement and rehabilitation,
• Land Acquisition officer
• Finance Officer
• Representatives of the requiring body to take financial decisions on its behalf,
• Representatives of Local Self Government Institution will monitor the
Rehabilitation Action Plan
8.2 Specify role of Non Governmental Organizations
Not Applicable
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 48
8.3 Indicate capacities required and capacity building plan, including technical assistance if any
Not Applicable
8.4 Timelines for each activity
Timeline will be finalized as per the Kerala Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Rules, 2015.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 49
CHAPTER 9 SOCIAL IMPACT MANAGEMENT PLAN BUDGET AND FINANCING OF MITIGATION PLAN
9.1 Costs of all resettlement and rehabilitation costs
The requiring body stated that necessary budget provision exists for meeting the cost of acquisition.
9.2 Annual budget and plan of action
Not Applicable
9.3 Funding sources with break up
Not Applicable
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 50
CHAPTER 10
SOCIAL IMPACT MANAGEMENT PLAN MONITORING AND EVALUATION
10.1 Key monitoring and evaluative indicators
• Rehabilitation and Resettlement procedures
• Fair compensation
10.2. Reporting mechanisms and monitoring roles
• Rehabilitation and Resettlement procedures as stated in the Kerala Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules
2015
10.3. Plan for independent evaluation
Not Applicable
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 51
CHAPTER 11 ANALYSIS OF COSTS AND BENEFITS AND RECOMMENDATION ON ACQUISITION
11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs
Construction of the Kottakkal bye pass road 3 rd phase falls under the definition of “Public
Purpose” under the RTFCTLARR Act, 2013, Section 2 (b) 1, for the purpose easy public travelling. The Kottakkal town bye-pass road is in the 3 phase. The road would connect between Kuttippuram Kottakkal road to NH - 17 (1.55 km).
45families and one mosque own the affected land would be considered as the directly affected parties of the project. While conducting the Social Impact Assessment, the SIA team observed that the proposed land is using for agriculture purpose by16 families, 13 families will lose their residence and 10 families shared that they lose livelihood 4 families will be displaced due to the project. Therefore, since there is displacement involved, there is requirement of Rehabilitation
& Resettlement process and thus mitigation measures need to be considered for the same.
Besides these impacts many trees will be affected by the project.
11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not.
Recommendations
• The proposed land acquisition for construction of Kottakkal bye pass road 3 rd phase is
recommended based on the compensation and resettlement as per the Rehabilitation and
Resettlement Policy issued by Revenue (B) Department, Government of Kerala vide G.O.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 52
(Ms)No.448/2017/RD dated 29/12/2017, for the rehabilitation and resettlement package for
acquisition of land in the state in lieu of RFCTLARR Act 2013, considering all loss due to
the land acquisition.
• 4 families will lose their well, make necessary alternative or compensation.
• 3 families will be facing multiple displacement, should treat them with priority.
• Make arrangements for the protection of the families who are living beside the road.
• Displaced families for the project should be treated with priority.
• Acquire the land left after the acquisition, otherwise it will be useless.
• The families who have losing the agriculture will be provided fair compensation.
• The families who have losing the livelihood will be provided fair compensation.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District 53
REFERENCES AND ANNEXURES
References
• RFCTLARR Act & Rules
Annexure falls in the appendix pages.
Land Acquisition for Kottakkal Bye-pass Road Phase 3 Malappuram District LIST OF ANNEXURES
Annexure 1 4 (1) Gazette Notification
Annexure 2 Socio Economic Survey Questionnaire
Annexure 3 : Public Hearing Notification Deshabhimani)
Annexure 4 : Notice issued to the affected families
Annexure 5 (a) : List of participants -affected families in the public Hearing
Annexure 5 (b) : List of Officials participants in the public hearing .
Annexure 6 : Government of Kerala - Revenue Department- State Policy for Compensation and Transparency in Land Acquisition 2015.
Annexure 7 Policy for R&R package for acquisition of land in the State 2017 issued by Revenue (B) Department
Annexure 8 Details of affected families Rcgn. No. KERBIL/201 £45073 ducil 5-0-2012 with RNi Reg No KL TV|Nj.f»34 2018-20
G(d»og3 (oaruoo KERALA GAZETTE
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201« Slaves36I1I& 27 S» »r *\» 7 wVTjruoKWSoJJOo. 27ih October 2018 (/vnl nrvruK^' 1194 nn^iao io Vi.I VII . • 2672 Thiruvamuithapuram. 10th Thulam 1194 No. , Siiiurday 1940 .!>. vi -> 5 5ih Kanhika 1940
GOVERNMENT OF KERALA Revenue (B) Department NOTIFICATION G. O. (P) No. 67/2018/RIX Dated, Thintvammthupuram. 26th October, 2018 . Rlll.ES S, R. O. No. 750/2018. Whereas, it appears to the Government of Kerala that the land specified in the Schedule below is needed or likely to be needed for a public purpose, to wit for the construction of Kottakkal Byepass Road Phase 3 in Malappuram District: And Whereas, in exercise of the powers conferred in sub-section (I) of Section 4 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), Government of Kerala have decided to conduct a Social Impact Assessment in the area specified in the schedule below;
inuxiiui ANti I'l Bi ISIIEO BY lift Sl'I’ERINlENDENt Ol GOVERNMENT PRESSES .vr IHI u n e k n m i n t c e n t r a i . p r e s s . ntlKl VANANIHAIH.RAM, 20is .
33/3976/2018/S-27 M * • K i. 5j;uiioo is accorded ic the Social Imoaci ****** and Community Health < . ; ' " f*r * OL’cl? *o conduct a Social Impact Assessment ; '1>I ^ cm :x: • - impact Management Plan as provided in ' . 1 . ! >c a fvivc?- ' ' lv competed »nhin a period of two months in toy i* K
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X/ f ’lh < Attendance record - public hearing: social impact assessment - Land Acquisition For Kottakkal Town Byepass Road Malappuram 13 3 ^ 3 ! / °/ lj GOVERNMENT OF KERALA Abstract Revenue Department - State policy for Compensation and Transparency in Land Acquisition - Approved - Orders issued. REVENUE (B) DEPARTMENT G.O.(Ms) No.485/2015/RD. Dated, Thiruvananthapuram, 23/09/2015. Read ■ G.O.(P) No.470/2015/RD dated 19/09/2015. ORDER The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring just and fair compensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01/01/2014. The State Government as per G .O . read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015. 2. Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/policy which provides higher compensation than that calculated under this Act for the acquisition of land so that the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy . 3. Therefore, in order to speed up and simplify the procedures of land acquisition for public purpose, Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The important objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair compensation, rehabilitation and resettlement committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC). (By Order of the Governor) Dr. Vishwas Mehta Principal Secretary to Government To The Commissioner, Land Revenue, Thiruvananthapuram All District Collectors The Public Works /Water Resources/Industries/Power/Transport/ Local Self Government/IT Departments The Accountant General (Audit/A&E) Kerala, Thiruvananthapuram The Finance Department General Administration (SC) Department Tmormation 8s Public Relations (W&NM) Department Stock File/Office Copy. Forwarded/By Order % Section Officer. - 2 - Appendix Policy of the State of Kerala for compensation in land acquisition Introduction The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring adequate compensation and Rehabilitation 85 Resettlement to Land owners whose land are compulsorily acquired by the State for bonafide public purposes. Section 108 of the Act empowers the Government to frame law or policy which provides a higher compensation than calculated under this Act for the acquisition of land and thereby enabling the land ouster to exercise option either to avail such higher compensation for Rehabilitation and Resettlement under such policy of the State or to go by the provisions of the Act. Kerala is a State with high population density and whenever Government resorts to acquisition of land for public purpose, families get displaced from their ancestral properties and lose lands which are often their sole livelihood. In order to ensure that immediate relief by providing enhanced compensation and Rehabilitation & Resettlement package to such affected families, Government of Kerala felt the need for framing an adequate policy on the subject. Objectives Government aims to ensure the following relief to the land losers through this policy. 1. The land loosers are provided with just and reasonable compensation for land acquired, relieving them from the burden of approaching judicial forums for enhancement of compensation. 2. Rehabilitation 8s Resettlement policy as provided in the Act along with additional packages including employment/stake holdings in eligible cases according to the nature of the project. 3. Disbursement of compensation before taking possession of land and ensuring Rehabilitation and Resettlement packages including infrastructural amenities as provided in the third schedule of the Act within 18 months of the date of publication of DD. 4. Transparency in procedures and less negative impact ensuring the land losers that their socio-economic status does not fall below what it was before the acquisition. Frame work of the policy The general provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to all land acquisitions. Social Impact Assessment (SIA) study shall be conducted in projects where it is mandatory and preliminary notification under Section 11 of the Act shall be published after approval of the project by the Expert Committee. (1) The Government shall constitute a District Level Fair Compensation, Resettlement and Rehabilitation Committee in every District. (2) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall have the following Members: -3- i) District Collector ii) Administrator for Resettlement and Rehabilitation iii) La n d Acquisition Officer iv) Fin a n c e Officer v) Representative of the Requiring Body empowered to take financial decisions on its behalf. vi) Representative of the Local Self Government Institution of the area where the land is situated. Provided that where the affected area covers more than one district, the District Level Fair Compensation, Resettlement and Rehabilitation Committee of the district, where major portion of the land to be acquired belongs to, shall function as District Level Fair Compensation, Resettlement and Rehabilitation Committee to take action in the matter. (3) The District Collector will verily the title deeds, non-encumbrance certificate, basic tax receipt, building tax receipt, possession certificate and other relevant records of each parcel of land to be acquired. (4) The District Government Pleader or any other advocate specially authorized by the District Collector in this behalf will scrutinize the title deeds, and other documents relating to ownership and possession and give necessary recommendation to the District Collector. (5) The District Collector shall, within 7 days of the preliminary notification under Section 11, send the SIA Report and other relevant documents to the District Level Fair Compensation, Resettlement and Rehabilitation Committee. (6) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall fix the parameters and shall define criteria for categorization of land as per the local needs to fix land value and the same may be approved by the Committee. The Committee should take utmost care in determining the criteria for categorization. There should not be any ambiguity regarding classification. The authority to change the categorization once approved by the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall rest only with the SLEC. (7) After categorization of lands, land value shall be arrived at as per the provisions of the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and keeping this as the basis land value and taking into consideration the existing market value of the land make negotiation with the land owners and reach consensus with them on the final land value (8) The Committee will finalise the estimate of a fair and reasonable price of land and compensation along with the Rehabilitation and Resettlement package to be given to the affected person/family. The Committee shall ensure that eligible affected family is given Rehabilitation & Resettlement an envisaged in the second and third schedule of the Act. (9) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall send the estimate arrived as above, in Annexures I & II to the State Level Empowered Committee for approval. -4- The Government shall constitute a State Level Empowered Committee which shall have the following members: (i) Chief Secretary (ii) Revenue Secretary (iii) Secretary o f the Adm inistrative D ep a rtm e n t (iv) La w Secretary (v) Fin a n c e Secretary The State Level Empowered Committee shall approve the estimate or return it for reconsideration by the District Level Purchase Committee with suggestions/observations that it thinks fit. The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall, within 15 days of the receipt of such approval with or without changes, send individual notices to the affected families and affected persons apprising them of the provisions of the law or policy and giving them a date to appear before it on a specified date for the purpose of considering settlement of compensation and resettlement and rehabilitation claims on the basis of the policy. On the date fixed as above, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall explain the policy to the affected family or affected person and give them an estimate of the compensation and resettlement and rehabilitation package worked out under the policy. Provided that the date so fixed may be adjourned for another date for reasons to be recorded, Provided further that the proceedings shall not be adjourned for more than a period of 30 days in all from the first date. At the proceedings, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall present the estimated compensation and resettlement and rehabilitation package to the affected family or affected person and explain the terms and conditions of the same, Provided that the District Level Fair Compensation, Resettlement and Rehabilitation Committee may change the compensation and relief and resettlement package for the benefit of the affected family or affected persons to the extent of 10% in order to arrive at a mutually acceptable d settlement. If District Level Fair Compensation, Resettlement and Rehabilitation Committee feels that a higher payment exceeding 10% is absolutely necessary, then the proceedings may be recorded and sent to SLEC for approval. The affected family or affected persons shall thereupon submit their consent to having their claims settled according to such law or policy of the State instead of settling the same under the Act Provided that the affected families or affected persons who earlier rejected the negotiated settlement may, by a written application to the Collector, shall choose the option of the State policy at any time before passing the final award under Sections 30 and / or 31. Upon receiving the consent of the affected person or affected family, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall submit the consent along with minutes of its proceedings to the Collector for finalizing the conveyance of land in terms of the consent. -5- (17) The Collector, upon receiving the consent, shall cause a Sale Deed in terms of the settlement arrived at in the proceedings before the District Level Fair Compensation, Resettlement and Rehabilitation Committee to be executed and registered between himself and the affected family or affected person. (18) The Collector shall ensure that the draft declaration under Section 19of the Act has been published before proceeding with the execution of the sale deed. (19) The designated officer of the concerned project authority will take steps to effect necessary changes in the classification of land through the Taluk Tahsildar on the basis of the copy of the registered deed obtained from the Office of the Sub Registrar. (20) The Compensation or package received by the affected family or affected person shall not be subject to income tax or any other levy. (21) The compensation and package agreed upon shall be paid into the bank account the details of which shall be submitted by the affected family or affected person along with the consent. (22) On completion of the conveyance the Collector shall take possession of the land immediately, provided that the Collector may, on a written application by the affected family or affected person, accord sanction for extension of talcing of possession of the land by a period not exceeding 30 days. (23) No conveyance made under these rules shall be called in question in any court of law on any ground except that the same was executed by a person other than the one who was competent to do so. Append.ix.-I Check List for District Level Purchase Committee 1. Whether the title of the land is clear : 2. Whether any Government land is involved : 3. Criteria for categorization : 4. Criteria for fixing land value : 5. Decision of the DLPC -6- Appendix-II FORMAT FOR SUBMITTING PROPOSALS FOR SLEC I. L a n d N o .o f L a n d L a n d T o t a l V a lu e title v a lu e v a lu e E x t e n t 1 0 0 % + N o . o f h o ld e r s a s d e c id e d E x i s t in g o f s o la t iu m % o f C a t e g o r y t itle w h o p e r b y th e faii- la n d + 1 2 % in c re a s e h o ld e r s h a v e BVR D L P C v a lu e i n additional g iv e n in (p e r A r e s la n d c o n s e n t A r e s A r e ) v a lu e A B C D Total II Budget provision under H/A 5054-80-800-65 LA for Government purposes III Amount already released IV Balance available V Approx, am ount proposed to be released for compensation in the present case VI Amount recommended for release VII W hether percentage of increase is justified Rs C. File No.REV-B1/264/2017-REV GOVERNMENT OF KERALA Abstract Revenue Department - Rehabilitation and Resettlement Package for acquisition of Land in the State in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Approved - Orders issued.______REVENUE (B) DEPARTMENT G.O.(Ms)No. 448/2017/RD Dated,Thiruvananthapuram,29/12/2017______Read: 1 G.O (Ms) No 419/11/RD dated 15.11.2011. 2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 3 Minutes of the meeting convened by ACS (Revenue) on 29.05.2017 ORDER Land acquisition for public purpose in the State is done by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. In view of the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the necessity for a clear and transparent policy for rehabilitation and resettlement was felt. The meeting convened by Additional Chief Secretary (Revenue) on 29.05.2017 inviting Finance Secretary, Law Secretary, Secretary PWD, Transport Secretary, Commissioner, Land Revenue & District Collector, Thiruvananthapuram discussed the various issues related to the formulation of State Policy on Rehabilitation & Resettlement in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The Committee observed that the State of Kerala is facing several problems with regard to Land Acquisition. Stiff resistance from all corners are being faced by the Land Acquisition Officers (LAO). The Committee viewed that organized resistance from petty traders, shop owners are faced during this entire process. Owing to the experience gained over a past couple of years, the Committee decided to slightly deviate from those File No.REV-B1/264/2017-REV provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. On serious and deliberate discussions the Committee unanimously came to the conclusion for providing more assistance rather than included in the 2nd schedule of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Government have examined the matter in detail and are pleased to approve a comprehensive Rehabilitation and Resettlement Policy as appended to this order for land acquisition in the State slightly deviating from those provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. This Rehabilitation and Resettlement Policy will be applicable to all land acquisition cases in the State, ie, by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. This Rehabilitation and Resettlement Policy will have effect from the date of this order where the land acquisition award has not been passed. By order of the Governor P H KURIAN ADDITIONAL CHIEF SECRETARY To:- The Commissioner of Land Revenue, Thiruvananthapuram. All District Collectors. The Public Works/Water Resources/Industries/Power/Transport/Local Self Government/IT Departments. The Principal Accountant General (Audit), Kerala, Thiruvananthapuram. The Accountant General (A&E), Kerala, Thiruvananthapuram. The Finance Department (Vide UO No 514877/Exp-A1/267/201 dated 20.07.2017) General Administartion (SC) Department (Vide Item No 1784 dated 26.12.2017) Information and Public Relations Department Stock File / Office Copy File No.REV-B1/264/2017-REV Copy To:- PS to Chief Minister PS to Minister (Revenue) AS to Chief Secretary PA to ACS (Rev & DM) CA to Principal Secretary (Finance) CA to Principal Secretary (PWD/Transport) CA to Additional Secretary (Revenue/LA) Forwarded/By order Val >wn er Digitally wgnec/ by £J£Jl\ VARGHESE/ J \ Date: 2017/12^T17:2 f5 4 1ST Reason: ApnrJved I File No.REV-B1/264/2017-REV APPENDIX SI. State Policy on Rehabilitation and Resettlement No. 1 Provision of housing units in case of displacement: 1. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 Sq mts in plinth area. 2. The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area. PROVIDED that any such family in urban /rural areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than Rs 300000( three lakhs rupees only) irrespective of their annual financial income. 2 Land for Land In the case of irrigation project, affected family owing agricultural land in the affected area and whose land has been acquired or lost, or who has, as consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: PROVIDED that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half acres, whichever is lower. 3 Offer for developed Land: In case the land is acquired for urbanization purposes, twenty percent of the developed land will be reserved and offered to File No.REV-B1/264/2017-REV land owing project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: PROVIDED that in cases the land owing project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. 4 Choice of Annuity or Employment: The appropriate Government shall ensure that the affected families are provided with the following options: (a) . Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) One time payment of five lakhs rupees per affected family; or (c) Annuity policies that shall pay not less than three thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for agricultural Labourers. 5 Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to five thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. 6 Transportation cost for displaced families: Each affected family which is placed shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building, materials, belongings and cattle. File No. REV-B1/264/2017-REV 7 Cattle Shed/Petty Shops cost: Each affected family having cattle or having a petty shop shall get one-time financial assistance subject to a minimum of twenty five thousand rupees and maximum of Rs. 50,000/- ( Fifty thousand rupees) for construction of cattle shed or petty shop as the case may be. 8 One time grant to artisan, small traders and certain others: Each affected family of an artisan, small trader or self employed person or an affected family which owned non agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of fifty thousand rupees. 9 Fishing Rights: In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs. 10 One time Resettlement Allowance: Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only. 11 Commercial Tenants One time assistance of Rs. 2,00,000/- ( Rupees Two lakhs only) to meet all shifting charges and social costs. Provided, such assistance would not be provided to companies, banks, financial institutions & large shops having a carpet area of more than 2000 sq.ft. 12 Employees working in commercial establishments Rs.6,000/-(Rupees Six thousand only) p.m for 6 months for loss of livelihood for the employees working in the said commercial establishment for 3 years prior to acquisition. 13 Residential family Tenants They will provided a one time shifting allowance of Rs.30,000/-.( Rupees thirty thousand only) 14 Encroachers who live or run their business on puramboke File No.REV-B1/264/2017-REV land fora minimum period of 3 years preceding the date of 4(1) notification of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or date of Preliminary Notification of the concerned Act as the case may be: 1. Rs. 5,000/- p.m ( Rupees Five thousand only) for 6 months. 2. 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