UPDATED RESETTLEMENT ACTION PLAN Public Disclosure Authorized

KERALA STATE HIGHWAY PROJECT- II PUBLIC WORKS DEPARTMENT

Public Disclosure Authorized GOVERNMENTOFKERALA

DECEMBER 2012 Public Disclosure Authorized Public Disclosure Authorized EXCUTIVE SUMMARY

1. PROJECT PURPOSE The State Transport Project (KSTP II) aims to improve the performance of the State's road transport network by upgrading the road conditions and capacity, together with development of the in­ house capabilities of the Kerala State Public Works Department (PWD) to plan, develop and maintain the road network.

The KSTP I was designed to upgrade 581 km and cover 1000 km under maintenance in two Phases. However, due to several reasons including delay in land acquisition, only 254 km of Phase I road was upgraded and maintenance works for 1180 km were carried out from June 2002 and December 2009. Even though civil works on remaining 327 km for upgradation of Phase II roads could not be undertaken, land acquisition and Resettlement and Rehabilitation (R&R) of affected people continued. As a result, the preparation phase of KSTP II coincides with the implementation of Resettlement Action Plan for Phase II roads (see Addendum I) which was approved by and World Bank in 2003. Therefore, the Government of Kerala decided to prepare "Updated RAP" which comprises of the following:

1. Executive Summary 2. Addendum I - RAP Phase II 3. Addendum II - Progress report on implementation of RAP and action plan for balance activities 4. Annexures

2. Project Location

KSTP II constitutes link numbers 68, 69, 74,4,5,84.1 and 84.2 which were selected in 2003 and link 41 & 47 was included in 2009 (see table below). The scope of 'Updated RAP' covers 8 road links covering 362.9 km, passing through 11 districts.

Table 1 KSTP II Road L·IIIks tIor U Jgra datlon . Average width of Status Sl. Link Name of Road Length Required the right of way No No (km) width (m) From I To (m) 1 68 - Pappinssery 21.00 12.30 15.0 2 69 Kasargode - 24.00 17.35 15.26 3 74 Thalasery - Valuvapara 53.78 11.89 15.0 - 4 4 47.00 13.39 15.57 Ettumanoor Advanced 5 5 - 40.90 13.14 15.0 stage of RAP implementation 6 84.1 - 82.12 10.96 15.0 Ponkunnam 7 84.2 - 50.10 10.54 15.0 Detailed design 41 & Perumbilavu-- 8 41.0 10.54 15.0 under 47 preparation Total Length: 362.9

3. Project Objective and the Updated RAP

The objective of the project is to maximise the benefits to the road users arIsmg from the road rehabilitation programme while minimising the negative social impacts by incorporating the social safety measures. Where large-scale population displacement is unavoidable, a detailed resettlement plan with timetable and budget is prepared. These Resettlement plans built around a development strategy and package aimed at improving or at least restoring the economic base for those relocated. More specifically, the social impact objective of the project is to ensure the improvement of the former living standards, income earning capacities and production levels of the project affected persons, or at least to help maintain their previous standards of living, as well as to reduce the high road accident rates in the State.

Addendum 1 consists of RAP for 7 links, with 16 chapters, 3 Annexures (Annexure 1,2, and 3). Volume 2 consists or attachments including the stratified land schedules. Volume 3 consists of Land schedules pertaining to all roads.

Addendum II covers the progress made to implement RAP for seven links, baseline information for link 41 and 48, along with budget details to implement remaining activities to complete the implementation of Addendum I with 6 Chapters and Annex 1 on village wise summary informatiQn on affected people.

3. Kerala Roadside

An important characteristic of Kerala is that heavily built up areas surround most of the roads. The project affected population in Kerala is educated and generally of middle class base. Rapid urbanization through ribbon development has been a common feature here. The built up areas along the road links consist of expensive pucca, that is, permanent, structures. This scenario contributes to the complexity in upgrading and widening the roads without causing negative social impacts.

In addition, the State itself being a narrow strip of land does not provide land beyond the existing narrow corridor of roads. A typical Kerala road does not have width more than 10-12 metres. In such a scenario, the road upgrading activities will cause people to lose productive land, house plots, buildings, wells, trees or other assets, or lose their income, thus giving rise to negative social impacts. The 'Updated RAP" addresses these issues to resettle and rehabilitate the affected families.

4. Selection of Roads

Based on the proposed carriageway of 7-10 meters, the required corridor width varies from 12 to 25.5 meters depending on the topography of the region and design requirement to address even road safety norms. These roads pass through 103 villages and 45 towns of the 11 districts. The following table 1.2 gives information on the number of villages along the route, names of the towns and districts against the respective road links.

Table 1 l' Names and Number of Towns and Districts. I--ink Number and Names ofTowns Number and Names of Districts Number Yillages rhengannur, , , ~ 16 8 ~ottayam, , Kanakkari,~ , , & ~ttumanoor, Monipally, 5 10 4 Kootha~ukulam and~ Kottayam, Emakulam Muvattupuzha Pilathara, Madai, , Kalyasseri & 1 j ~8 r Pappinisery ~9 ~ 4 ~asaragod, Uduma, Hosdurg and Kanhangad 1

~halassery, , , Koothuparamba, 1 74 12 7 I'..annur Mattannur, Uliyil and

Punalur, , , Konni 84.1 9 , Pathanamthitta, Kottayam ~O Pathanamthitta, & Pazhavangady 13

~anjirapaJly, Pala, , Ramapuram~ 84.2 13 5 ~ottayam, Idukki ~d Thodupuzha 41 &47 ~O ~ Perumbilavu, Pattambi and Perinthalmanna j ~hrissur, & . TOtaI t 03'1' }s . 11 . ,v" :

All the roads have been selected on the basis of the Feasibility Study Report Recommendations and Conclusions of April 2000. The recommendations considered road inventory data, traffic surveys, the EIRR (Economic Internal Rate of Return), relative importance of the roads, environmental considerations and otherwise the social significance of the roads, such as the Road (Link 84), which leads to the pilgrimage centre of the Sabarimala Temple.

5. Definitions

(a) Right of Way versus Corridor ofImpact The right of way (ROW) is public land under the control of the PWD and is usually defined as that area over which the public has unhindered access. The corridor of impact is a part of the right of way and sometimes is synonymous with the right of way.

The corridor of impact (COl) is the width required for the actual construction of the road, including the new pavements, footpaths, shoulders, support slopes, embankments, drainage, and necessary safety zones. Within this corridor, there should be no structure or hindrance. The COl is, thus, the area that will be impacted by the proposed project.

(b) Family The KSTP has adopted "family" as the unit for compensation entitlement purpose. In this sense, every "family" is an entitled person (EP). The R&R Principles and Policy defines family in three ways for this purpose: • A "Family" shall mean husband/wife and minor children. • Every son or unmarried daughter above the age of 18 years on or before the cut off-date will be treated as separate family. • Every divorced or widowed daughter living with the family on or prior to cut off date will be treated as separate family. (c) Urban and Rural Areas

Following the Indian Government tradition of identifying an area as urban or rural, the social impact surveys also identified places as rural or urban. By "rural population" is generally meant the population living in villages. A village follows the limits of a revenue village, which is recognized by the district administration.

In Kerala a village has little resemblance to the characteristics of a village, as they are urbanized and are not isolated patches of habitation. Especially in the past twenty years many people from the State immigrated to West Asia (also known as the Middle East) for livelihoods. As a result, the urban - rural divide in Kerala, is very thin. The official divide for the urban area (a town or a city) and rural area in the census is based on the local administration as a municipality/ corporation or Panchayatl.

(d) Cut-off Date

PCC carried out the census and social survey between the year 2000 and 2002 for preparation of RAP. As proposed in the RAP, 6 NGOs were engaged in 2004 for its implementation for 7 links. After the required orientation and training, the NGOs conducted the census and social survey as part of the verification of the data provided in the RAP.

The,date of the social survey on a given road link by the NGO was considered as the 'cut off' date for that link to identify non-titleholders who would be eligible for R&R assistance and entitlements. These included tenants, employees, squatters and vulnerable encroachers. For the titleholders (land owners), the respective date of4 (1) Notification under the Land Acquisition Act (1894) is the cut-off date.

Similar approach will be adopted for link 41 and 47, date of the social survey is the cut off date for that link to determine the R&R assistance entitlement ofthe non-titleholders of property, who include tenants and squatters.

6. Methodology

Addendum 1 is based on the reconnaissance level social impact surveys, detailed social impact surveys including the census of the project affected persons (PAP) and the sample socio-economic baseline surveys, the Social Impact Assessment Report, the Feasibility Study Report, and public consultations. The primary data were collected with the help of structured questionnaires and complemented by consultations, both individual and group, with the PAPs and other stakeholders. The consultations have influenced the engineering design parameters to a large extent and have helped to minimise the negative social impacts. The social impact surveyors interviewed the family members/ owners namely, residential, commercial, agricultural and other categories of properties that were shown as affected in the preliminary engineering design. While each person in a given commercial building was enlisted as a "family" the number of families in the residential building was based on their sociological nuclear family for the purpose of entitlement.

The social impact surveyors interviewed the family members /owners of the properties (residential, commercial and agricultural) that were shown as affected in the preliminary engineering design. While

1 A panchayat is the lowest level of administration in . It is an elected local self-governing body, which actually means an association of five persons, usually village elders. every person in the commercial buildings were enlisted as a "family", the number of families in the residential buildings was derived based on their age and marital status for the purpose of entitlement.

Addendum II is based on the verification of 'social impact assessment' and implementation of Addendum I for seven links. For link 41 and 47 the primary data is collected with the help of structured questionnaires and complemented by consultations of individuals and groups of PAPs and other stakeholders. Detailed census will be carried out after finalisation of the detailed designs. Elaborate consultations at various stages is conducted starting with reconnaissance level surveys followed by scoping workshops, focus group meetings, State level workshops, follow up consultations in designing socially acceptable road designs and finally preparation of the R&R action plan. These included the consultations with the PanchayatlMunicipal Council, Project affected persons, local leaders and elected representatives and people who are interested in the development of the state.

7. Minimising Impact

As private land acquisition is inevitable for the project, a number of measures had been taken to minimise land take and the displacement of people. During project preparation for 7 links, emphasis was on minimising the impacts within the limitations of technical feasibility and cost effectiveness. The options considered for minimising negative social impacts included design considerations such as accommodating footpaths over drains to minimise the negative social impact with regard to both land required and road safety. Junction designs will ensure smooth traffic flow and safe driving, but care has been taken not to acquire any unnecessary extra land. Inclusion of bypasses reduced impact on buildings, thus minimising displacement of people. Public consultations and representations of aggrieved people and analysis of alternatives led to the selection of three bypasses to deviate from the congested Thiruvalla town on Link 4 (Chengannur-Ettumanoor Road), Pala and Thodupuzha towns on Link 84.2 Ponkunnam-Thodupuzha Road.

For link 41 and 47, similar approach has been adopted. The consultation have at stage of preliminary project design, has minimised the land requirement from 15.4 to 10.2 ha.

8. Resettlement and Rehabilitation Policy

The basic assumption is that development projects require land acquisition which results in the loss of assets, impairment of livelihoods, or the physical relocation of individuals, households or community. The Public Works Department of Kerala anticipating the negative impacts within the corridor of impact engaged experts to prepare an R&R Policy document for the implementation of Kerala State Transport Project in accordance with the principles laid down in the World Bank's OD 4.30 on Involuntary Resettlement, and the legal framework of the Government of India (see Addendum I). Kerala State Government approved this policy document, vide Government Order No. GO (MS) 64/2000, dated 09.10.2000. During implementation of Addendum I, World Bank's Operational Directives were replaced with Operational Policy 4.12.

The experience of implementation of R&R policy, public pressure and appreciatIOn by media, built pressure on the government to extend the benefits to people affected by other development projects. Responding positively, GoK in November 2004 adopted R&R Policy of KSTP for all Fast Track Projects (FTP), vide GO (MS) No.33112004, dated 05.11.2004 such as Doubling! Gauge Conversion of Railway lines; Four-Ianing of National Highways; Vallarpadam Container Terminal Rail and Road Connectivity; Development of International Airports of and .

KSTP had a positive outcome that created an enabling environment for the GoK to adopt a state level R&R policy for all fast track project (see Addendum II). Further, it streamlined the process for arriving at negotiated settlement to expedite land acquisition. Finally on 15th November 20 II, the new R&R Policy was issued by the State Government; vide GO (MS) 419/20 I IIRD that specifies enhanced monetary assistance provided under entitlements and is in compliance with World Bank Operational Policy 4.12 on Involuntary Resettlement and also applicable to link 41&47,

The broad principles of the policy, provides for a comprehensive package of compensation and assistance to entitled persons, families and groups suffering losses as a result of the project. The entitlements cover the following:

T a bl e: 12EntIt 'I ement matrix. tIor the project a fliectedf:amIT Ies 1 persons KERALA STATE HIGHWAYS PROJECT Rehabilitation and Resettlement: Broad Entitlement Frame Work Impacts and assistance criteria Land Inside Right of Acquisition Way Non Non Vulnerab Vulnerabl Vulnerable Vulnerabl Ie e e A. Corridor of Impact: Loss of land and other assets Support given to families and households

Consultation, counseling regarding alternatives, and assistance in identifYing ..J ..J ..J ..J new sites and opportunities, Compensation for land at replacement cost, ..J ..J plus allowances for fees or other charges Advance notice to harvest non-perennial crops, or compensation for lost standing ..J ..J ..J ..J crops. Compensation for perennial crops and trees, calculated as annual produce value ..J ..J for one season Compensation or R&R assistance for ..J ..J ..J structures or other non-land assets 1# Shifting assistance ..J ..J ..J I..J • Option of moving to resettlement sites (in a group of minImum' , 25 families) ..J ..J ..J ..J incorporating needs for civic amenities B. Corridor of Impact: Lost or diminished livelihood Support gIven to autd I'd' In IVI 'd ua Is Rehabilitation and assistance for lost or ..J ..J ..J ..J diminished livelihood L­ Additional support mechanisms for vulnerable groups in re-establishing or ..J ..J enhancing livelihood Employment opportunities in connection ..J ..J ..J ..J with project to the extent possible Unforeseen impacts shall be documented and Any other impacts not yet identified, mitigated based on the principles agreed upon in whether loss of assets or livelihood this policy framework C. Indirect, group oriented impacts in the vicinity of the road corridor Group oriented support will be given to mitigate negative Impacts on the community, and to enhance development opportunities. Addressing traffic safety needs of pedestrians will target particular support at more vulnerable groups, for example.

# The entitlements will exclude the affected non-vulnerable encroachers but include non-vulnerable squatter.

9, Extent of Land Required

As per, Chapter 8 of Addendum I, an estimate of 79.05 Ha for widening 7 roads links as shown in table 1.3. But without any upward revision of the land acquisition plan or any changes in the alignment, the required land for upgradation of 7 roads links exceeded by 52.5%. PCC's estimate and the actual statement of the land acquired and in the process of acquisition are presented in the table given below. In addition, estimate of land require for link 41 & 47 is also included.

T a bl e 13, Land R eqUIre. d f,or uperad' IDe 7 road rID ks and rID k 41&47 Addendum I estimate of Link Actual requirement of Difference in Name of Road land requirement No land (Hectares) Percentage (Hectares)

4 Chengannur-Ettumanoor 12.16 15.3673 26.38

5 Ettumanoor-Muvattupuzha 4.09 17.8655 329.91

68 Pilathara-Pappinissery Road 3.33 6.2335 87.19

69 Kasaragod-Kanhangad Road 2.9 2.9832 2.87

74 -Valavupara Road 15.89 25.3194 59.34

84.1 Punalur-Ponkunnam Road 23.70 17.7046 -25.30

84.2 Ponkunnam-Thodupuzha Road 16.98 35.7331 110.44

Total 79.05 121.2066 52.50 To be finalized after 41 & Perumbilavu-Pattarnbi-Perinthalmanna Addendum II -10.2 (ha) issue of section 4 ( I) 47 - notice Grand Total

Increase in land acquired for 7 links were observed after land acquisition notification and discussions with key informants, and following reasons emerged (Detail in Addendum II):

(a) The land required for cutting and filling were not identified on strip maps. (b) Installation of boundary stones to fix the alignment on the ground was not according to the required width. (c) Transfer of information of Colon strip maps was not carried out accurately. (d) Old and outdated land records used for initiating land acquisition.

Building upon the lessons learnt, land acquisition notices for link 41 &47 will be issued after the ground truthing the final detailed design and updating land records. 10. Progress of land acquisition

Table below presents the land acquisition status for 7 links as on 30 September 2012 which shows that acquired land is 97.2% leaving a balance of 2.8% which consists of 3.46 hectares. As per the recent Government Order (MS) No.182 12012IRD dated 3rd May 2012, if at the District Level Purchase Committee (DLPC) reached a consensus with the PAPs on land value, the proposal may be submitted to State Level Empowered Committee (SLEC) for approval. Following which the award is passed and the property is taken over after payment of the agreed amount. This shortens the LA process significantly. Ninety percent of the remaining property for acquisition is at the stage of approval of the land value by the SLEC and the balance waiting for DLPC .

Table 14. Lan d A CqUiSI. 'f Ion St a t us on 30 Seplem t ber 2012 Acquisition by Acquisition Transfer of Total Total Land Land to be I Link I Direct Purchase through the Government Extent of Land Required acquired No Name of Road method process of LA Act land in possession (Hectares) (Hectares) (Hectares) (Hectares) (Hectares) ofKSTP Chengannur­ 4 15.3673 7.8199 6.9252 I 0,0323 14.7774 0,5899 Ettumanoor

5 74368 9.5887 I 0,1142 17.1397 0,7258 ~~ 17.8655 Pilathara­ 68 6,2335 4,4834 1,6648 0,0735 6.2217 0,0118 Pappinissery Kasaragod­ 69 2,9832 L5912 1.2914 0,0999 2,9825 0,0007 Kanhangad Thalassery­ 74 25,3194 9,9006 13,4245 0.4916 23,8167 1.5027 Valavupara Punalur­ 84,1 177046 10,4627 6.1709 0,5971 17.2307 0,4739 Ponkunnam

Ponkunnam­ 84.2 35.7331 9.8695 25.5439 0.1645 35.5779 0.1552 Thodupuzha

Total 121.2066 51.5641 64.6094 1.5731 117.7466 3.4600

Percentage 100.00 42.54 53.31 1J0 97.15 2.8 Perumbilavu­ 41& Pattambi­ 10.2 10.2 47 Perinthalmanna

11. Affected Families

The census data collected for 7 links between December 2000 and March 2002 for RAP (See chapter IV of Addendum I) showed that a total of 10,857 families would be affected of whom 71 % constituted titleholders and the remaining 29% non-titleholders. However, after verification carried out by the NGO firmed up the final list of affected that increased to 20,696 Families (see Chapter IV of Addendum II) by 91% estimated during preparation. The possibility of increase in number was primarily due to (a) land owner were identified after issue of land acquisition notices, (b) outdated land records did not account for actual claimants from the family, sales of land, (c) under-reporting of employees, (e) squatters were not identified.

In the case of link 41&47, the preliminary estimates indicate that 1043 titleholders and 291 non­ titleholders will be affected. In addition, bandwidth technique based on the extent of loss was applied to categorise the affected. As land acquisition is along the existing road on either side, majority lost and will lose a very narrow strip of land. Those who lost less than 10% of their landed property are grouped as marginally affected families. These properties may be with or without compound walls. The second category is listed as significantly affected. This group consists of those who lost 10-20% of their property involving part of their residential or commercial structures. The third category consists of displaced families from their residence or commercial establishments or other avocations due to acquisition of land and demolition of the structures (see table below).

Table 1 5 I mpacton F amlles T - T'ItIbide 0 ersand Non-ftlleo b Id ers Link TITLEHOLDERS NON-TITLEHOLDERS No SI. Margina Significa Disp\a Significa Grand Name of Road N lly ntly ced TOT Displaced ntly TOTA Total 0 affected affected famili AL Families affected L families families es families

I 4 Chengannur ~Ettumanoor 2278 2602 348 724 1072 3674 51 2573 2 5 Ettumanoor-Muvattupuzha 76 1612 530 431 961

3 68 Pilathara- Pappinissery ~ 1236 232 IUU I 20 91 4 69 Kasaragod- Kanhangad 453 360 124 ~ 9 63 ~ 5 74 Thalassery- Valavupara 2412 3091 491 1384 1875 4966 617 62 6 84.1 Punalur-Ponkunnam 2231 2399 350 332 682 3081 79 89

7 84.2 Ponkunnam-Thodupuzha 2990 3215 420 196 616 3831 110 115 Total 12881 14608 2731 3357 6088 20696 ,144 583 8 41 & Perumbilavu-Pattambi­ 650 99 294 1043 291 0 291 1334 47 Perinthalmanna Grand Total 13531 1243 877 15651 3022 3357 6379 22030

12. Displaced Families

Implementation of Addendum Ion relocation as described in Addendum II covered both (a) titleholders and (b) non-titleholders (see table below). Titleholders formed less than one fifth of the displaced and almost all of them were self-resettled 'in situ', within the available land adjacent to the affected structure and were able to re-settle themselves. The non-titleholders, particularly the residential squatters were resettled within a reasonable distance of 500 meters to 2 kilometres from the displaced site and have secured rights over the property. Tenants and employees constituted 73% and have resettled without any change in their original occupation and in locality.

Tabl e 16 Ca t egory-wise d'tIS rl 'b UfIOn 0 ff:amllesT d'Isplace d , Link DISPLACED TITLEHOLDERS DISPLACED NON-TITLEHOLDERS no I Res & I Grand Commer comm Tenants Tenants Squatter Squatters SI Name of Road Residentia Empl cial ercial Total Commer Resident Residen­ Commer- Total No I families oyees families •. famili -cial ial tial cial es

• I .4 Chengannur- 16 18 51 9 131 450 1 Ettumanoor 17 173 0 35

Ettumanoor- 76 11 682 2 5 Muvattupuz I 28 35 I 13 211 0 27 281 Pilathara- 414 I 3 68 ! 74 0 91 ! 0 0 108 Pappinissery 17 124 0 Kasaragod- 486 4 69 9 54 I 1 212 Kanhangad 0 63 147 0 0 Thalassery- 615 74 177 5 Valavupara 11 51 0 62 0 42 0 272 528 6 84.1 Punalur-Ponkunnam 29 53 7 89 109 14 66 45 116 686 84.2 Ponkunnam- 45 41 126 7 Thodupuzha 81 43 27 115 202 6 3861 Total 191 327 65 547 1143 20 215 107 1246 41& Perumbilavu- 8 47 Pattambi- 127 146 21 294 0 0 4 189 879 Perinthalmanna Grand Total 509 800 151 1388 2384 40 430 218 2681 8601

13. Vulnerable Groups

The R&R policy provides for additional support to the vulnerable families and is identified in accordance with the norms of GoK. Usually, the vulnerable groups may include but are not limited to the following categories of persons: (a) Poor or landless people falling under the "below poverty line" category; (b) Members of the Scheduled Castes (SC) and Scheduled Tribes (ST); (c) Women headed households (WH); (d) Orphans or destitute persons (socially handicapped); and (e) Disabled persons (physically or mentally challenged).

14. Entitlements and Disbursement of Compensation and Assistance

Project affected persons irrespective of their status as titleholders or non-titleholders are entitled to assistances as enshrined in the R&R Policy (See Addendum 1& II). These are land value at DLPC rates arrived through negotiation with the PAPs, structure value without depreciation, compensation for other improvements (trees, etc), shifting assistance to the displaced persons and families, rental allowance to those who lost their residences, transitional allowance to compensate loss/diminishing income and additional support to vulnerable. Approved micro-plans of entitled persons specified the amount due to each family. Joint accounts were opened in scheduled banks and the full amount of R&R assistance as specified in the approved micro-plans was deposited. Disbursement of assistance to the PAPs was, however, regulated against the purchase of assets or enhancement of assets or construction of structures certified by the NGO. Such regulation ensured that assistance was used for productive purpose. A total amount disbursed as compensation and assistance as on 30th September 2012 is Rs.2020 million.

15. Restoration of Cultural Property Resources

The project compensated for the loss of common property and provided for the enhancement of benefits of these affected 213 properties. In most of the cases the compound wall or vacant land in the road frontage was affected, sparing the structures. But some 'hundis' (money collection boxes) located on encroached land in the right of way and a few shrines had to be replaced in consultation with the community.

16. Grievance Redress Project anticipated that during implementation there would be challenges and people would have complaints that need to be addressed. Addendum I provided for appropriate institutional mechanism to address grievances. Most of the grievances were related (i) alignment related (ii) category of land and compensation (iii) dispute on extent of land marked for acquisition (iv) inadequacy of compensation and assistances or allowances (v) protection of property (vi) restoration of access and (vii) extension of the time line for demolition (see Addendum II). All these grievances were settled amicably with the stipulated time frame. Similar arrangement will continue during the implementation of civil works and along the links including 41 &47.

17. Budget and the Expenditure The cost towards implementation of land acquisition and resettlement and rehabilitation was estimated in Addendum II. In the context of the increased land required and the number of affected families, the budgetary provisions were increased to meet the additional cost (see Addendum II). A total of Rs 2176 million has been spent for 7 links. Additional budgetary allocation of Rs 216 million is required to implement the action plan for Link 41 &47 as given in table below:

lementation WB Total

18. Road Safety and Parking of Vehicles

Kerala occupies the dubious distinction of leading in the road related accidents in India, with 38,361 accidents and 2,674 deaths in 2001. The mixture of buses, trucks, cars, auto rickshaws, motorcycles and pedestrians travelling at various speeds create extremely unsafe driving conditions. The project has a separate action plan and budget for addressing the road safety issues. It is only emphasised here that the design for road improvement has built-in design for bus bays and taxi and auto rickshaw stands as well as public parking areas.

19. Institutional Arrangements and Project Implementation

In accordance with the provisions laid down in Addendum I, Environmental and Social Cell (ESC) is set up in PWD and the Project Management Team. A senior Social specialist is hired to coordinate the activities of the implementation. Each Division head is the R&R officer. The NGOs supported the implementation of Addendum II. After significantly completing the implementation and the contract obligations, they were replaced with Social Scientists in each Division (See Addendum II). The same arrangement will continue for the balance work along 7 links and link number 41 &47. The broad scope of work covers: (a) Issuing of legal notification for land acquisition and the cut-off date; (b) Verification of entitled persons (EP) and estimating their type and level of losses; (c) Preparing a list ofEPs for relocation; (d) Relocation and rehabilitation of EPs. (e) Preparation of micro plans as per the R&R policy (f) Implementation of micro plan activities (g) Progress monthly monitoring reports

20. Monitoring and evaluation is a part of the R&R implementation strategy. The PWD officials (including a senior level Director of Land Acquisition) at the PMT (Project Management Team) and district levels have been functioning in supervisory roles for the R&R activities. Regular monitoring of the R&R activities was carried out by the PMT of the PWD. The Project has also proposed to engage an External Agency for mid-teno and end-teno evaluation of the activities. The range of activities that will need to be monitored include a. Land acquisition and transfer procedures; b. Disbursement of compensation and assistance; c. Construction of replacement buildings by the displaced families; d. Rehabilitation of displaced families and business enterprises; e. Rehabilitation of income levels. The monitoring indicators include both input/output indicators and outcome/impact indicators. The input/output indicators relate to the physical progress and the outcome/impact indicators relate to the qualitative progress of the project objectives as stated in the R&R policy.

Kerala State Transport Project II Resettlement Action Plan - KSTP II

ADDENDUM I

RESETTLEMENT ACTION PLAN

KERALA STATE HIGHWAY PROJECT U

PUBLIC WORKS DEPARTMENT

Government of Kerala

DECEMBER 2012

Louis Berger InternationallSheladia Associates/CES/ICT Kerala State Transport Project IT Resettlement Action Plan - KSTP IT

Table of Contents

1 PROJECT DESCRIP110N ...... 1

1.1 PROJECT PURPOSE ...... 1 1.2 PROJECT OSJECTNE AND THE RAP ...... 1 1.3 ADDmONAL WORK IN PHASE II FOR THE PHASE I ROADS•...•...... •••.•.•••••.•.•.•••.••..•••.•.•.••..•.••...•.•.••...... ••...... •1 1.4 PROJECT DESCRIPTION ...... 2 1.5 DEFINmONS ...... 5 1.6 METHODOLOGY ...... 6 1.7 IMPACT MINIMISING EFFORTS AND ByPASSES...... 6 1.8 RESETTLEMENT POLICy...... 7 1.9 THE PARTICIPATORY PROCESS...... 7 1.10 LAND ACQUlsmON AND RESETTLEMENT ...... 7 1.11 INCOME RESTORATION ...... 8 1.12 COMMON PROPERTY RESOURCES ...... 9 1.13 THE KSTPAND HIV/AIDS ...... 9 1.14 ROAD SAFETY AND PARKING OF VEHICLES...... 9 1.15 INSmUTIONAL ARRANGEMENTS AND PROJECT IMPLEMENTATION ...... 9 1.16 CONSOLIDATED BUDGET...... 10 1.17 GRIEVANCE REDRESS ...... 10 1.18 MONITORING AND EVALUATION...... 10 1.19 PUBLIC DISCLOSURE OF THE RAP...... 12 2 METHODOLOGY ...... 13

2.1 INTRODUCTION ...... 13 2.2 THE VERIACATION ExERCISE ...... 13 2.3 SURVEyS...... 13 2.4 CONSULTATION METHODS...... 16 2.5 STRIP MAPS AND LAND SCHEDULES ...... 17 2.6 UMITATIONS...... 18 3 MINIMISING NEGATIVE SOCIAL IMPACT ...... 19

3.1 INTRODUCTION ...... 19 3.2 OPTIONS CONSIDERED FOR MINIMISING NEGATIVE SOCIAL IMPACTS ...... 19 3.3 RESULTS OF MINIMISING NEGATIVE IMPACTS...... 23

Louis Berger lnternational/Sheladia Associates/CES/lCT ii Kerala State Transport Project II Resettlement Action Plan - KSTP II

3.4 MINIMISING RESETTLEMENT...... 25 4 FINDINGS OF THE CENSUS AND SOaO-ECONOMIC SURVEY RESULTS •••••••••••••••••••••••••27

4.1 DEMOGRAPHIC PROFILE: AFFECTED POPULATION ...... 27 4.2 FAMILY ECONOMy/RESOURCE BASE ...... 28 4.3 SOCIo-EcONOMIC PROFILE OF THE PAPS ...... 30 5 THE VULNERABLE GROUPS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••33

5.1 INTRODUCTION ...... 33 5.2 "BELOW POVERTY UNE" (BPL) ...... 33 5.3 SCHEDULED CASTES (SC) AND ScHEDULED TRIBES (ST)...... 34 5.4 WOMEN HEADED AND OTHER VULNERABLE FAMIUES ...... 35 5.5 SOCIAL CHARACTERISTICS OF THE VULNERABLE GROUPS ON THE PROJECT ROADS...... 36 5.6 SQUATTERS ...... 37

Louis Berger International/Sheladia Associates/CES/lCT III Kerala State Transport Project II Resettlement Action Plan - KSTP II

6 RESETTLEMENT POUOES AND LEGAL FRAMEWORK •••••••••••••••••••••••••••••••••••••••••••••••••••••••• 39

6.1 INTRODUCTION ...... 39 6.2 POLIGES AND LEGAL FRAMEWORK•••.•.•...•.•••...•.•....•...•...••...•.•....•...... •..•.•...... •.....•.•.•.•....•..•.•.•...•.•.•...... •••.•...... ••..•. 39 6.3 ASSESSMENT OF CURRENT LAND ACQUISmON PRACTICES, THEIR ApPROPRIATENESS AND POTENTIAL IMPACTS FOR THIS PROJECT...•.•.••••.••...•.•.•.•.•.•.•.•..•.....•..•...•...... •...•.•••...•.•.•.••...... •.•...•.•.•..•••.••••••.•.•••.••..•••.•••••••••••.•• 40 6.4 ENmLEMENTS FOR Loss OF LAND TENURE.....••..•....••..•..•.•.••.•...•...•••.••..•.••.•.•...•...•.•.•.•.••••.•••••••••.•••••••.••••.•.••.••.•.•. 43 6.5 ENmLEMENT POLIOES FOR EACH CATEGORY OF IMPACT .•.••.•.•.•.•.•...••..•..•.•...... •..•...... •.•...... •.•.•.....45 6.6 SUMMARY OF ENmLEMENT MATRIX ...... 46

7 CONSULTATION AND PARTIOPATION••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••48

7.1 INTRODUCTION .••.....•.•.•.....•...... ••.•.•...... •...•..••.•••••.•.....••..•.•.•....•.•....•...... •..•.•.•••...•.•...•.•...... •..••..•..•....••..••.•.•...•.•.•48 7.2 LEVELS OF CONSULTATION .•.•••..•.•.•..••••..••.••••..•••••••••••••••••••..••.•.••.•.•.•••••..••••..•.•.•.•.•...•...••....•.•••..•.••••••••••••.•••..•.•.•.•.•• 48 7.3 Focus GROUP DISCUSSION .•...... •.•.•..•.•...•.•.•...•.•..•...•.•.•.•...... •.•...... •.•.••.•.•.•...•...... •.•....•.•.•...•.49

8 LAND ACQUISITION AND ASSETS AFFECTED ...... 55

8.1 INTRODUCTION ••••••••.•.•..•..•.•...•..•.•.•...... •.•.•...... •.••...•...•.•.•••.•.•..•.•.•...... •.•.•.•..•••••.....•...••....•.•...••.•••.••.•..••.•....•.....•.•.• 55 8.2 ASSETS AFFECTED •..•.•.•...•.•.••.....•...•.....•.•.•.•....•.....••.•...•.•.•.•.•...•..•...•...•...•.•..•••.•.•...•.•.•...•..••.•.•..•.•..•.•.•...... •...•...... •..... 55 8.3 THE EXTENT OF LAND TAKE ...... 56 8.4 AREA OF LAND RECOVERED FROM SQUATIERS AND ENCROACHERS ...... •...•.•.••..•.•.•....•.••...•.•...•.•..•.•...•.•... 67 8.5 Loss OF "OTH ER" AFFECTED PRIVATE ASSETS •.•....•.•.•••..•.•...••.•...••.•..•••.•....•...... •...•.••....•.•.•.•••..•.•..•.•..•.•...... •.•. 67 8.6 Loss OF COMMON PROPERTY RESOURCES ...•..•••..•...•.•.•.•.•...•..•...•...... •.•.•..•...•...•.•.•.•.•..••.•.•.•...••.•.•.•..•.••.•.•.•...•.•.•. 68 8.7 THE LAND ACQUISmON PROCESS .••...... •.•.•..•••.••.•.•.•.•.•.•...•.•.••.•.•...•.•••.•.•••..•.•.....•.•••..•....•.•.•..••••.•.•.•.••••••••..•••.••••..• 68 9 RESETTLEMENT SITES ...... 75

9.1 INTRODUCTION .•.•.•.....••.....•.•...... •.•.•.••...•..•..•.•...•.•....•.•.•.•.•....•.•.•.•.•.•.•.•.•.•...•..•••.....•.•.•...... ••..•••.•.•.•.•.•....••.•..•.....•••.•.•75 9.2 LOST AREA OF DISPLACED FAMILIES .•.•...•.•.•.•.•.•..•...•.•••...... •..•....•.•.....••.•....•..•..•...•.•..•.•..•.•.••.•.•...... •.•...••..••...• 75

10 INCOME RESTORATION ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••78

10.1 INTRODUCTION •...••.•.•.....•....•...•.....••....•.•.•.•.•.•...•...•.•...•...... •.•..•.•...... •...•...•...•.•.•....••.•.•.•....•.•...••...•.•.•...•...... 78 10.2 lIvELIHOOD OF THE AFFECTED FAMILIES •...... •..••.•.•.•.•..•..•...•..•.•.•...... •.•..•...•.•.•.•...•...... •...•....•...•.•..•.•.•.•.•.•...•.•. 78 10.3 ACTIVmES PROPOSED BYTHE PAPs ••..••.••...... •.••.•••••.•.•.•.•...•....•.••..•.•...... •..•.••..•.•.•...•..••.•.•....•.•.•.•.•••..•.•.•.•.•.•.•.•.•. 79 10.4 FAMILIES ELIGIBLE FOR VARIOUS ASSISTANCE •••..••..•••.•.•••••••.••.•...•••.•••.•••.••.•.•.•.•.•.•....•..•.•.•....•.•.•.•.•.••.•••.•.•.•....••.•. 79 10.5 AVAILABLE GOVERNMENT SCHEMES ...... 80 10.6 PREPARATION OF MICRO-PLANS ...... 81 10.7 INCOME RESTORATION ACTION PLAN .....••..•...•.••...•.•.•..•..•...... •...•...•...•.•..•...... •...... ••.•.•....•...... •....•...•.•.•.•.•.•. 81

11 ORGANISATIONAL STRUCTURE ...... 82

11.1 INTRODUCTION ...... 82 11.2 STAFFING REQUIREMENT .•.•.•.•..•••.•••••....•.•.••••••••••..••••••••••••••••••••••.•••••••.••••••••.•...••.•.....•...... •..•.•.•.•••...••.•••..•...•...... •..• 82 11.3 ROLES & RESPONSIBILITIES OF THE STAFF OF R&R CELL DOWN THE LINE •.•...•.•••.•.••..•.•.•.•..•.....•.••.....•.•..••.....• 86 12 CAPAOTY BUILDING ...... 91

12.1 INTRODUCTION ...... 91 12.2 PRIME STAKEHOLDERS AT THREE LEVELS...... 91 12.3 EXTEND AND NATURE OF CAPAOTY BUILDING ...•..•.•.•...... •.•..•.....•...... •...•.•.•...•.•.•...•...•.•.•...... •••.•...•...... •...... 91 12.4 COORDINATION OF THE CAPACITY BUILDING PROGRAMMES.•.•.•.•.....•.•.•...... •...•.•••.•••..•..••..•.•.•••.••.•.••..•••.•.•.•.•••.• 92 12.5 THRUST OF TRAINING •••••••••••••..••..•.••••...•••••.•..••..•.••.•.•...•.•.••....•..•.•.•.•..••.•.•...•..•.•.•.•...•••...••••....•.•.•.•.•.•••.••••••••••.••••••.•• 94 12.6 METHODOLOGY OF TRAINING ••.••••.•.•.•...... ••..•.•.•.•.•...•..••.•..•.•.•.....••..•.•...... •.....••....•.•..•.••.•.•..••••.•...... •••••.•.••...•.•. 94 12.7 TRAINING ON SOGAL MANAGEMENT.•.....•••.•.•.•.•...... •.•.•...•...•.•...•.•.•..•••..•..•.•...•.•.•.•..•...••.•...•.•.....•...... •.•...... •.•. 94 12.8 ASSESSMENT FRAME WORK •...•...•...•..•...•...•.•.•.•.••.•...... •.•.•.•.•.•.••.•...•••.•.....•.•...... •.....••..•.•.•.•...... •.•...•....•.•.•.•.•...•••• 97 12.9 TRAINING OF PWD OFFICIALS AND NGOs SO FAR COMPLETED •...•.•...•..•...•.•..•....•...••....•.•.•.•.•.•.•••..•.•.•••••....••..• 97 12.10 FUTURE TRAINING PLAN-STEPS ..•...•.••..••...•...... •...•...... •.••.•.•...•.•...... ••.....•.•.•.•.•.••.•..•.•.•.•.•.•.•.••••.•.••...... •.... 98 Louis Berger lnternationai/Sheladia Associates/CES/lCT iv Kerala State Transport Project n Resettlement Action Plan - KSTP n

13 IMPLEMENTATION SCHEDULE ...... 99

13.1 INTRODUCTION ...... 99 13.2 THE IMPLEMENTATION PROCEDURE ...... 99 13.3 THE BASIS OF IMPLEMENTATION...... 100 13.4 GENERAL ACTIVIT1ES ...... 102 13.5 LAND ACQUISmON ...... 102 13.6 RESETTLEMENT ...... 103 13.7 REHABILITATION ...... 103 14 COSTS AND BUDGET ...... 105

14.1 INTRODUCTION ...... 105 14.2 METHODOLOGY FOR THE VALUATION OF COSTS ...... 105 14.3 CONSOUDATED R&R BUDGET ...... 108 15 GRIEVANCE REDRESS ...... 111

15.1 NEED FOR GRlEVANCE REDRESS ...... 111 15.2 GRlEVANCE REDRESS COMMmEE ...... 111 15.3 GRlEVANCE REDRESS MECHANISM...... 111 15.4 RESPONSE TIME ...... 112 15.5 GRlEVANCE REDRESS MONITORlNG...... 113 16 MONITORING. EVALUATION AND REPORTING ...... 114

16.1 INTRODUCTION ...... 114 16.2 M&E MECHANISMS AND REPORTING ...... 114 16.3 MONITORlNG PROJECT INPUT AND OUTPUT INDICATORS ...... 115 16.4 MONITORlNG PROJECT OUTCOME/IMPACT INDICATORS...... 116 16.5 EXTERNAL MONITORlNG AND EVALUATION ...... 117 17 MISCELLANEOUS BENEFITS ENHANCEMENT...... 118

17.1 ROADSIDE FACIUTIES...... 118 17.2 CONSERVATION AND ENHANCEMENT OF CPR...... 118 17.3 IMPACTS OF THE PROJECT ON THE CULTURAL PROPERTIES ...... 120 17.4 ROAD SAFETY...... 121 17.5 AWARENESS CAMPAIGN FOR HIV/AIDs ...... 121 17.6 CONSTRUCTION CAMP...... 121 17.7 CONTROL OF CHILD LABOUR ...... 123

VOLUME I (ANNEXURES)

louis Berger International/Sheladia Associates/CES/ICT v Kerala State Transport Project n Resettlement Action Plan - KSTP n

Index of Tables, Charts, Exhibits and Organogram

Table 1.1: Phase II Priority Road Links ...... 3 Table 1.2: Names and Number of Towns and Districts in Phase II Roads ...... 4 Table 1.3: Estimated Land Take and Affected families along Phase II Roads ...... 8 Table 1.4: Estimated Costs and Budget of the KSTP R&R in Million INR, Phase 11 ...... 10 Table 3.1: Effects of Minimizing Negative Social Impacts through Design Modifications ...... 20 Table 3.2: Project Affected and Displaced Persons ...... 23 Table 3.3: Minimizing Negative Social Impact ...... 23 Table 3.4: Affected Boundary Walls ...... 25 Table 4.1: Project Road Links and Dates of Census Surveys...... 27 Table 4.2: Affected Project Roads Population, Phase II Roads ...... 27 Table 4.3: Distribution Of Affected Population By Age And Sex ...... 28 Table 4.4: Monthly Average Family Income and Number of Persons Earning an Income ...... 28 Table 4.5: Occupation Pattern on the Project Roads (%) ...... 29 Table 4.6: Literacy/Education Level of the Affected People on the Project Roads ...... 29 Table 4.7: Social Group Particulars of the Project Affected Families ...... 30 Table 4.8: Residential Structures with Piped Water Supply ...... 31 Table 4.9: Structures with Electricity Connection ...... 32 Table 5.1: Affected Vulnerable Families ...... 35 Table 5.2: Displaced Vulnerable Families ...... 35 Table 5.3: Occupation Pattern of the BPL Families...... 36 Table 5.4: Squatter and Encroacher Families ...... 37 Table 6.1: Broad Entitlement Framework ...... 47

Table 7.1: Design Response to Stake~older/Community Concerns ...... 50 Table 7.2: Future Consultations and Continued Participation Mechanisms ...... 54 Table 8.1: Number of Assets Affected ...... 55 Table 8.2: Number of Affected Families and Land Take, Phase II Roads ...... ~. 57 Chart 8.2 Number of affected families and Land take ...... 57 Table 8.3: Distribution of Titleholder and Non-Titleholder PAFs ...... 58 Chart 8.3 Titleholder NS Non-titleholder PAPs ...... 59 Table 8.4: Land in possession of the displaced and the displaced portion ...... 59 Chart 8.4 Land in possession of the displaced and the displaced portion ...... 59 Table 8.5: Residential properties, structures and families affected and displaced ...... 61 Chart 8.5 Residential properties, structures and families affected and displaced ...... 61 Table 8.6: Commercial properties, structures and families affected and displaced ...... 62 Chart 8.6 Commercial properties, structures and families affected and displaced ...... 62 Table 8.7: Mixed properties, structures and families affected and displaced ...... 62 Table 8.7: Mixed properties, structures and families affected and displaced ...... 63 Chart 8.7 Mixed properties, structures and families affected and displaced ...... 63 Table 8.8: Agricultural properties, structures and families affected and displaced ...... 64 Chart 8.8 Agricultural properties, structures and families affected and displaced ...... 64 Table 8.9: Number of Displaced Families and Area of Displaced Families, Phase II ...... 65 Chart 8.9 Numbers of Displaced Families and Area of Displaced Families, Phase 11 ...... 65

Louis Berger InternationallSheladia Associates/CES/lCT vi Kerala State Transport Project II Resettlement Action Plan - KSTP II

Table 8.10: PDFs Titleholder and Non-Titleholder...... 66 Table 8.11: Affected Squatter Area ...... 67 Table 8.12: Affected Encroacher Area ...... 67 Table 8.13: Other Properties Affected ...... 67 Table 8.14: Action Plan for Land Acquisition in the KSTP Phase II Roads ...... 74

Table 9.1: Total area in possession of the displaced ...... ~ .... 75 Table 9.2: Displaced Squatter Areas ...... 76 Table 10.1: Families losing Livelihoods ...... 78 Table 10.2: Families Eligible for Income Restoration Measures ...... 80 Table 10.3: Income Restoration Action Plan for the KSTP (Phase II Roads) ...... 82 Table 11.1: Staffing Requirement ...... 82 Exhibit 11.1: Schematic Organisational Structure ...... 86 Table 11.2: Roles and Responsibilities ...... 86 Table 12.1: Coordination agencies for capacity building ...... 92 Table 12.2 Modules for Social Management Training ...... 95 Table 12.3: KSTP Training Programme on R&R and EnvironmenL...... 97 Table 14.1: Estimated Costs and Budget of the KSTP R&R in Million INR, Phase 11 ...... 110 Organogram 14.1: Disbursement Mechanism ...... 110 Organogram 15.1: Grievance Redress Mechanism ...... 113 Table 16.1: Input and Output Indicators ...... 115 Table 16.2: Impact Monitoring Indicators...... 116 Table 17.1: Affected Religious Properties Table 17.2: Strategy For Restoration, Relocation Or Reconstruction of Cultural Properties ...... 120

Louis Berger lnternational/Sheladia Associates/CES/ICT vii Kerala State Transport Project II Resettlement Action Plan - KSTP II

Acronyms

BOQ Bill of Quantity BPL Below Poverty Line COl Corr:idor of Impact CPR Common Property Resources EIA Environmental Impact Assessment EMP Environmental Management Plan EP Entitled Person ESC Environmental and Social Cell ESMP Environmental and Social Management Plan lAS Indian Administration Service IPDP Indigenous People's Development Plan IRC Indian Roads Congress IRDP Integrated Rural Development Programme KSACS Kerala State AIDS Control Society KSTP Kerala State Transport Project Lin.m. Linear Metre NGO Non-Government Organisation National Institute for the Training of Highway NITHE Engineers NTH Non-title holder NTHS Non-title holder shopkeeper OD Operational Directive OP Operational Policy PAP Project Affected Person PAF Project Affected Family PDP Project Displaced Person PDF Project Displaced Family PIU Project Implementation Unit PWD Public Works Department R&R Resettlement and Rehabilitation RAP Resettlement Action Plan RMC Road Maintenance Contract ROW Right of Way SC Scheduled Caste SOS Strategic Option Study Sq m. Square metre ST Scheduled Tribe TH Title hol<;ler UNDB United Nations Development Business WB World Bank

Louis Berger InternationallSheladia Associates/CES/ICT viii Kerala State Transport Project II Resettlement Action Plan - KSTP II

louis Berger international/Sheladia Associates/CES/ICT ix Kerala State Transport Project II: Resettlement Action Plan - KSTP II

1 PROJECT DESCRIPTION

1.1 PROJECT PURPOSE The Kerala State Transport Project (KSTP) aims to improve the performance of the State's road transport network by upgrading the road conditions and capacity, together with development of the in-house capabilities of the Kerala State Public Works Department (PWD) to plan, develop and maintain the road network.

The KSTP is implemented in two phases. Phase I involves upgradation of 255 km of state highways and 95 K.m. Inland waterways. Phase II involves upgradation works in 330 Km State Highways, located in 6 discrete sections of road identified in Links 4,5, 68, 69, 74 and 84. Besides these 4 bypass roads and upgradation works in 5 places in the RMC-10 (Link 121) suggested through public consultations during phase-I construction, were also taken up and added to Phase-II construction works.

1.2 PROJECT OBJECTIVE AND THE RAP The objective of the project is to maximise the benefits to the road users arising from the road rehabilitation programme while minimising the negative social impacts by incorporating the social safety measures. Where large-scale population displacement is unavoidable, a detailed resettlement plan with timetable and budget need to be prepared as the Resettlement Action Plan (RAP). These Resettlement plans should be built around a development strategy and package aimed at improving or at least restoring the economic base for those relocated. More specifically, the social impact objective of the project is to ensure the improvement of the former living standards, income earning capacities and production levels of the project affected persons, or at least to help maintain their previous standards of living, as well as to reduce the high road accident rates in the State. The Resettlement Action Plan (RAP) is a report to address these issues .It is compiled in 3 volumes. The first volume consists of the main interpretations for the RAP, detailed in 16 chapters along with 3 Annexures (Annexure, 4 , 5 and 6) . Volume 2 consists or attachments including the stratified land schedules. Volume 3 consists of Land schedules pertaining to all roads in phase .2 , The RAP complies with the World Bank directives (Operational Directive 4.30: Involuntary Resettlement and Operational Directive 4.20: Indigenous Peoples) and the Government of Kerala requirements. This RAP relates to the Phase II roads of the KSTP. The RAP for the Phase I roads is currently being implemented.

The modifications suggested by the World Bank in Aide-memoire (November 09­ 20.2003), reviewing the draft RAP was incorporated in this final RAP

1.3 ADDmONAL WORK IN PHASE 0 FOR THE PHASE I ROADS As the Phase I project implementation works were initiated, people's representatives in many areas came up with requests to construct bypasses in their respective towns. , Pala and Thiruvalla bypasses were proposed strongly by local leaders. Similarly the local PWD at Muvattupuzha (for Link 70: Muvattupuzha-Thodupuzha, Phase I road) came up with a proposal for a 3 km-Iong bypass to connect Link 70 with Link 84.5-7 (Ponkunnam-ThodLipuzha) of the Phase II roads. The intention was

Louis Berger international/Sheladia Associates/CES/ICT 1 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

to fit the existing local level PWD plans with the KSTP to broad base the reach of the project, as they have already built a bridge over the Thodupuzha River, waiting to be connected by a road. In the RMC-10, Thaliparambu-Iritty (SH-36) KSTP road under the first year maintenance programme, as the contractor, Mis Chandragiri Construction Company, started work, people complained of two low-lying sections, (chainage 0.000-1.929) and (chainage 0.00-0.738), which get flooded and the late rains in September 2002 totally flooded these sections. Moreover, another section at Nilamattom (chainage 0.000-0.296) has a 150 years old bridge, which is in a very bad condition, needing replacement. A fourth section at Thanithode (chainage 0.000-0.540) and a fifth section at (chainage) too needs upgradation works. The local people made representations to the KSTP for upgrading these portions of the road. After discussing the matter with the World Bank, the KSTP decided to upgrade these 5 sections covering approximately 3.5 km in total length, while the remaining length would be under the maintenance programme. (RAP for this portion will be separately presented as a Phase" RAP SuppLement, as Engineering surveys for the additional work are in progress, to be followed by the social surveys and analysis.

The Aide Memoire of the Bank's supervision mission in November 2002 noted (Clause No. 72) that the RAP for the Phase II roads would include a few additional stretches of roads under the Phase I programme, viz., (a) a 2.5 km minor realignment at Adur, Link 2 (to be constructed as a part of Phase I, Contract Package 1), and (b) about 3 km of upgrading works to be carried out in RMC-10, Thaliparambu-Iritty under the First Year Maintenance Programme (to be constructed as a part of Phase II, Contract Package 5, Link No. 74: Thalaserry - Valavupara). In addition, there have been proposals for minor deviations on Link 69: Kasaragod­ Kanhangad and Link 74: Thalaserry - Valavupara, both of the Phase II roads.

1.4 PROJECT DESCRIPTION The Government of Kerala has obtained a loan (Loan No. 4653-IN) from the World Bank 0NB or the Bank) for the Kerala State Transport Project. Along with the highways component, the project has a pilot waterways component. The Kerala State PWD is the executing agency for the project. The Phase I activities, including three contract packages for the highways and one contract package for the waterways, are currently being implemented. This infrastructure development is expected to encourage investment in the State's industrial development.

As indicated above, the project is divided between Phase II and I. Phase I comprises approximately 255 km roads and Phase II ,319 km. The Phase II now has an additional length of 2.14 km for the Adur Bypass of Phase I. In addition, there is a road maintenance component for roads that are not part of the road improvement programme. The total length of such roads is 1,010 km. The maintenance activity will be completed over a period of three years. The maintenance roads have been separately dealt with in the report Environmental and Social Management Plan for the Maintenance Road (January 2002).

louis Berger international/Sheladia AssociatesjCES/lCT 2 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

1.4.1 The Kerala Roadside An important characteristic of Kerala is that heavily built up areas surround most of the roads. The project affected population in Kerala is educated and generally of middle class base. Rapid urbanization through ribbon development has been a common feature here. The built up areas along the road links consist of expensive pucca, that is, permanent, structures. This scenario contributes to the complexity in upgrading and widening the roads without causing negative social impacts.

In addition, the State itself being a narrow strip of land does not provide land beyond the existing narrow corridor of roads. A typical Kerala road does not have width more than 10-12 metres. In such a scenario, the road upgrading activities will cause people to lose productive land, house plots, buildings, wells, trees or other assets, or lose their income, thus giving rise to negative social impacts. The RAP addresses these issues to resettle and rehabilitate the affected families.

1.4.2 Project Location The project is upgrading roads in 12 of the 14 districts of the State (Map 1.1). The Phase II roads of approximately 319 km length are spread over the following 8 districts.

Kollam Alappuzha Idukki Kannur Pathanamthitta Kottayam Kasaragod 1.4.3 Indigenous People's Development Plan The KSTP road improvement and maintenance activities are limited to the existing roads. As no incursion is made into any new area, no area with defined indigenous populations has been affected. Therefore, a separate Indigenous People's Development Plan (IPDP), as mandated in the Bank's OD 4.20 has not been attempted. The social surveys identified six tribal families, one each on Links 5 and 74 and four on Link 84.5-7, as project affected families, conducting their livelihoods in the road's ribbon development area along with non-tribal families and the matter has been dealt with according to the project's R&R Policy. 1.4.4 Selection of Project Roads Seven road Links, 326.27 km in length, passing through 8 districts, make up the three Contract Packages (5, 6 and 7) in Phase II. In addition, Adur Bypass of Links 2+3 of Phase I roads are also included, as referred to above in Section 1.3. The three Phase II bypasses are also indicated. The bypasses have been identified with a <.x> following the link number. These are presented in Table 1.1 and shown in Map 1.1. The individual road links are marked in square boxes in the map.

Table 1.1: Phase II Priority Road Links Proposed Route Length 51. No. Link No. Road Code Carriageway (km) From I To Width (m) Package 5: 1 68 NK-3 Pilathara - Pappinsserz'. 21.00 7.0 2 69 NSH-18 Kasargode - Kanhangad 24.00 7.0 3 74 SH-31 Thalasery - Valuvapara 53.78 7.0

louis Berger international/Sheladia Associates/CES/lCT 3 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Proposed Route Length 51. No. Link No. Road Code Carriageway (km) From I To Width (m) Package 6: 4 3.x SH-1 Adur Bypass (Phase I) 2.14 10.0 5 4 SH-1 Chenganur - Ettumanoor 47.00 10.0 6 4.x SH-1 Thiruvalla Bypass 2.28 10.0 7 5 SH-1 Ettumanoor - Muvattupuzha 40.90 7.0 Package 7: 8 84.1-84.4 SH-8 Punalur - Ponkunnam 82.12 7.0 9 84.5-84.8 SH-8 Ponkunnam - Thodupuzha 50.10 7.0 10 84.5-7.x SH-8 Pala Bypass 01.06 7.0 11 84. Lx SH-8 Thodupuzha Bypass 02.67 7.0 / 'c' i'F' i;'.;,,;; ", , •'~. ,,c."-;" ,'1""J ''-:"o,;;<"F'"Tot-Iii' . ,.,j" , \}i32.:'27"

Based on the proposed carriageway width as shown in the table, the proposed corridor width varies from 12 to 15 metres and more depending on the topography of the land and the needs of the road design, including road safety norms. The proposed corridor widths are parts of the engineering design reports, measured for a cross section at every 50 metres. This RAP presents the corridor widths for the Phase IT roads at every 250 metres in Annex 8.1. All the roads have been selected on the basis of the Feasibility Study Report Recommendations and Conclusions of April 2000. The recommendations considered road inventory data, traffic surveys, the EIRR (Economic Internal Rate of Return), relative importance of the roads, environmental considerations and otherwise the social significance of the roads, such as the Sabarimala Road (Link 84), which leads to the pilgrimage centre of the Sabarimala Temple.

The Phase IT project roads pass through 86 villages and 18 towns of the 8 project districts. The following table shows the names of the towns and districts against the respective road links. The link-wise details of all the villages, with information of to and from chainage of the road link passing through a given village, has been presented in Annex 1.1.

Table 1.2: Names and Number of Towns and Districts in Phase II Roads Village Links s Number and Names of Towns Number and Names of Districts Chengannur, Thiruvalla, Alappuzha, Pathanamthitta, 4 16 5 Changanaserry, Kottayam, Kottayam Ettumanoor 3 5 10 2 Ettumanoor, Muvattupuzha 2 Kottayam, Ernakulam 68 7 2 Pilathara, Pappinssery 1 Kannur 69 8 3 Kasargode, Kanhangad 1 Kasaraqod 74 12 2 Thalaserry, Valavupara 1 Kannur 84.1-4 20 1 Punalur, Ponkunnam 3 Kollam, Pathanamthitta, Kottayam 84.5-7 13 3 Ponkunnam, Thodupuzha 2 Kottayam, Idukki T0tal4\ .•*. 18, ,> ':F;'::;'~~~;:;' >'~~~'i; ;,\" ,'" 8 ,)':,i;i;>

Louis Berger International/Sheladia Associates/CES/ICT 4 Kerala State Transport Project ll: Resettlement Action Plan - KSTP II

1.5 DEFlNmONS 1.5.1 Right of Way versus Corridor of Impact The right of way (ROW) is public land under the control of the PWD and is usually defined as that area over which the public has unhindered access. The corridor of impact is a part of the right of way and sometimes is synonymous with the right of way.

The corridor of impact (COl) is the width required for the actual construction of the road, including the new pavements, footpaths, shoulders, support slopes, embankments, drainage, and necessary safety zones. Within this corridor, there should be no structure or hindrance. The COl is, thus, the area that will be impacted by the proposed project.

1.5.2 Family The KSTP has adopted "family" as the unit for compensation entitlement purpose. In this sense, every "family" is an entitled person (EP). The R&R Principles and Policy document of the project (Annex 6) defines family in three ways for this purpose:

A "Family" shall mean husband/wife and minor children. Every son or unmarried daughter above the age of 18 years on or before the cut­ off-date will be treated as separate family. Every divorced or widowed daughter living with the family on or prior to cut off date will be treated as separate family. 1.5.3 Urban and Rural Areas Following the Indian Government tradition of identifying an area as urban or rural, the social impact surveys also identified places as rural or urban. By "rural population" is generally meant the population living in villages. A village follows the

limits of a revenue viLLageL which is recognized by the district administration.

In Kerala a village has little resemblance to the characteristics of a village, as they are urbanized and are not isolated patches of habitation. Especially in the past twenty years many people from the State immigrated to West Asia (also known as the Middle East) for livelihoods. As a result, the urban - rural divide in Kerala, is very thin. The official divide for the urban area (a town or a city) and rural area in the census is based on the local administration as a municipality/ corporation or Panchayar.

1.5.4 Cut-off Date The date of the social survey on a given road link is the cut off date for that link to determine the R&R assistance entitlement of the non-titleholders of property, who include tenants and squatters. This has been described in Section 4.

1 A panchayat is the lowest level of administration in India. It is an elected local self-governing body, which actually means an association of five persons, usually village elders.

Louis Berger International/Sheladia Associates/CES/ICT 5 Kerala State Transport Project IT: Resettlement Action Plan KSTP IT

1.6 METHODOLOGY This Report is based on the reconnaissance level social impact surveys, detailed social impact surveys including the census of the project affected persons (PAP) and the sample socio-economic baseline surveys, the Social Impact Assessment Report, the Feasibility Study Report, and public consultations.

The primary data were collected with the help of structured questionnaires and complemented by consultations, both individual and group, with the PAPs and other stakeholders. The consultations have influenced the engineering design parameters to a large extent and have helped to minimise the negative social impacts.

The social impact surveyors interviewed the family members fowners of the properties (residential, commercial and agricultural) that were shown as affected in the preliminary engineering design. While every person in the commercial buildings were enlisted as a "family" as indicated in 1.4.2, the number of families in the residential buildings was derived based on their age and marital status for the purpose of entitlement.

1.7 IMPACT MINIMISING EFFORTS AND BYPASSES As private land acquisition is unavoidable in the KSTP, a number of measures have been taken to minimise land take and the displacement of people. While preparing the project, emphasis was put on minimising the impacts within the limitations of technical feasibility and cost effectiveness. The options considered for minimising negative social impacts included design considerations, public consultations and aggrieved people's representations, and analysis of alternative, including two short bypasses ("deviations") to bypass the congested Thiruvalla town on Link 4 (2.28 km) and Pala town on Link 84.5-7 (1.08 km). In addition, bypasses for Adur town of Links 2+3 (Phase I) and Thodupuzha (Link 70: Muvattupuzha-Thodupuzha, Phase I road) has been included in Phase II.

Design considerations included footpaths over drains, useful to minimise the negative social impact with regard to both land take and road safety. In Junction designs, especially which purported for a smooth traffic flow and safe driving, has taken care not to acquire additional land. The proposed bypasses helped to reduce the number of buildings to be affected,minimising displacement of people.

Vulnerable Groups

The KSTP defines vulnerable group as those earning up to 25% above the officially recognised "below poverty line" (BPL). The BPL is determined by a survey conducted by the Rural Development Department of the respective State Governments, popularly known as the iRDP (Integrated Rural Development Programme) Survey. The BPL in Kerala currently stands at Rs.21000 per annum for a family of five members in the rural areas. Usually, the vulnerable 'groups may include but are not limited to the following categories of persons:

Louis Berger International/Sheladia Associates/CES/lCT 6 Kerala State Transport Project n: Resettlement Action Plan - KSTP n

Poor or landless people falling under the "below poverty line" category; Members of the Scheduled Castes (SC) and Scheduled Tribes (ST); Women headed households (WH); Orphans or destitute persons (socially handicapped); and Disabled persons (physically or mentally challenged). 1.8 RESETTLEMENT POUCY Anticipating adverse impacts of the project on the people living and earning livelihoods along the project roads, the KSTP prepared a project specific Resettlement &Rehabilitation Principles and Policy Framework which was approved by the State Cabinet in August 2000. The Policy recognises three broad types of entitlement:

1. Entitlement for project affected families

2. Entitlement for project affected persons

3. Entitlementfor project affected groups.

The potential project affected persons listed in this document belong to various entitlement criteria under different categories such as - Agricultural, Residential, Commercial property holders, Encroachers and Squatters and Vulnerable groups such as - SC, ST, BPL categories and women headed households.

1.9 THE PARll0PATORY PROCESS The KSTP has carried out consultations at various stages of the RAP preparation and the key stakeholders were invited to participate in the deliberations for the formulation of the R&R plans. The consultations were started with the reconnaissance level surveys followed by scoping workshops, focus group meetings, State level workshops, and follow up consultations. The opinions of stakeholders were documented and incorporated in the R&R planning as well as in designing socially acceptable road designs. This report presents the results of the public consultations carried out for the Phase II roads.

1.10 LAND ACQUISmON AND RESETTLEMENT The improvement proposed in this project is mainly along the existing roads and most of the works will be confined to the existing corridor width. But there are several areas where additional land is required for widening realigning a road. If the available corridor width does not accommodate the proposed corridor, land from private owners would be acquired. This information has been mapped in the link­ wise Strip Maps/Land plans and recorded in the land schedules attached to the land maps.

1.10.1 Land Requirement The total additional land required for widening and upgrading the Phase II project roads, including the Bypass roads, is 82.67 Ha for the Phase II roads, of which the estimated government land area is 4.36 Ha. Preliminary joint verification by the

Louis Berger International/Sheladia Associates/CES/ICT 7 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

PWD and the Forest Department establishes that the Government land area includes 1.9 Ha of forestland identified along Link 84.1-4, which passes near a forest area. Category-wise land schedules (residential, commercial, agricultural, etc. have been presented in this Report in Annex 8.2, Schedules of Project Affected Families. Otherwise, they are appended to the strip maps/land plans, discussed in Section 2.

1.10.2 Project Affected Families (PAF) The project-affected families along the Phase II roads are estimated to be 10928 and the area of land affected is 82.67 Ha. 1.10.3 Project Displaced Families (PDF) The Phase II roads are estimated to displace 849 families and the total area thus affected is estimated to be 3.55 Ha. The following table summarises the estimated land take and affected/displaced persons and families according to the two phases:

Table 13. : Estlmate • dLadTkn a eandAftected famllesT a ong Phase nRoad5 Length (km) land Take (ha) PAF PDF Phase D Roads 326.27 82.67 10,928 849 1.10.4 Resettlement Sites During the course of the social survey the project noted apparently vacant private plots of land and these are reflected in the project road link specific strip maps. More enquiries are required to find out the owners of these plots and to get their consent to acquire the land. NGOs engaged locally will be able to do follow up works in this connection.

1.11 INCOME RESTORATION Public roadsides are the main focus areas for various types of commercial transactions. A good number of traders, employers and employees doing their trade in the roadsides will be affected by the project. People losing their commercial units and employment therein are economically displaced persons and is equivalent to those displaced from their properties and residences. KSTP Phase II works will affect the livelihoods of 17 agricultural families, 544 commercial families (283 owners and 261 Tenants/ employees), and 30 squatters, in addition to displacing 258 residential PAF and 34 residential cum commercial (mixed) units (437 titleholders and 412 non­ titleholders).

In accordance with the R&R Principles and Policy Framework, KSTP provides transitional assistance to commercial units owners for six months as income restoration measures. The employees will receive assistance equal to three month's lost income, the agricultural families will receive transitional assistance for six months and the squatters will receive transitional allowance for six months. In addition, the wage employees, agricultural families and the squatters can be trained to upgrade their skills for better employment. The vulnerable groups will be eligible for an additional economic rehabilitation support worth Rs. 24,000 as grant to stabilise their earning capacity. The residential PDFs will be eligible for transitional assistance up to six months.

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1.12 COMMON PROPERTY RESOURCES Common property resources (CPR) such as schools, hospitals, public wells, water taps, trees and cultural properties such as temples, churches, mosques and shrines located in the road side will be affected by the project. Some of these common properties are owned by their respective registered "Society" or "Trust" and are considered as private properties, utilised by the public. The project will compensate their loss and has planned the benefit enhancement of the cultural properties. These are discussed in detail under the Environmental Management Plan (EMP). 1.12.1 Tree Plantation and CPR Rehabilitation The project Environmental Management Plan has provision for tree planting and rehabilitation of affected public wells and taps in association with the local governments and Kerala Water Authority. No additional land will be acquired for the tree plantation. But proposes to purchase 3 Ha of mangrove in package 5.(refer EMP for details) 1.12.2 Cultural Properties The Project will affect 110 cultural properties along the Phase II roads. In most of the cases the compound wall or vacant land in the in the frontage will be affected, sparing the structures. But some money collection boxes (hyundi) located on encroached land on the public right of way will have to be replaced. The Project will adopt mitigate measures to these cultural properties and expenses in this connection are included in the project's environmental costs.

1.13 TH EKSTP AN D HIV/ AIDS Highways are inadvertently associated with HIVjAIDS due to the behaviour of long distance truckers and related reasons. The RAP for the Phase I roads of the KSTP addressed this issue in terms of awareness campaigns against this problem, which would be followed for the Phase II roads as well. No separate discussion on this issue has been made in the Phase II RAP, although the item has been budgeted. 1.14 ROAD SAFETY AND PARKING OF VEHICLES Kerala occupies the dubious distinction of leading in the road related accidents in India, with 38,361 accidents and 2,674 deaths in 2001. The mixture of buses, trucks, cars, auto rickshaws, motorcycles and pedestrians travelling at various speeds create extremely unsafe driving conditions. The project has a separate action plan and budget for addressing the road safety issues, which were discussed in the RAP for the Phase I roads and are not repeated in this RAP. It is only emphasised here that the design for road improvement has built-in design for bus bays and taxi and auto rickshaw stands as well as public parking areas. 1.15 INSTITUTIONAL ARRANGEMENTS AND PROJECT IMPLEMENTATION The R&R and environmental personnel in the PMT of the PWD together constitute the Environmental and Social Cell (ESC). Presently all required personnel in the ESC of the PMT are in place. The NGOs for the Phase II roads also are in place .The implementation of the RAP consists of seven major stages, which are being carried out for the Phase I roads and will be continued for the Phase II roads:

Louis Berger InternationaVSheladia Associates/CES/ICT 9 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Deployment and training of identified PWD staff and NGOs; Issuing of legal notification for land acquisition and the cut-off date; Verification of entitled persons (EP) and estimating their type and level of losses; Preparing a list of EPs for relocation; Relocation and rehabilitation of EPs. Preparation of micro plans as per the R&R policy Implementation of micro plan activities Monitoring and evaluation is a part of the R&R implementation strategy. The PWD officials (including a senior level Director of Land Acquisition) at the PMT (Project Management Team) and district levels have been functioning in supervisory roles for the R&R activities. At the project roads level (contract packages) NGOs selected and recruited for the purpose will carry out the actual implementation. The need for capacity building of the PWD officials and the NGOs responsible for R&R activities are considered highly significant and are detailed in chapter 12 in this RAP. 1.16 CONSOUDATED BUDGET The estimated budget for R&R, including land acquisition for Phase II is INR 1140.41 million. The Bank component in the R&R of the project is estimated to cost INR 517.26 million and the PWD component is INR 623.51 million. The following table shows the component-wise outline budget for the Phase II roads in million Indian Rupees. This estimate does not include the additional work referred to in Section 1.3, which will be put up in a RAP SuppLement.

Table 1.4: Estimatede osts and BudIget 0 f t he KS TP R&. R In MI011" Ion INR, Phase D Package 5 Package 6 Package 7 Total Items PWD WB PWD WB PWD WB PWD WB Comoensation 169.95 13.17 163.16 0 283.78 0 616.88 13.62 Assistance 1.75 128.69 1.66 120 ..56 2.41 233.60 5.82 482.86 Suooort 0 6.14 0 5.91 0 6.97 0 19.02 Other Activities 0.1 0.50 0.15 0.58 0.20 0.62 0.45 1.71 ToUl '.'.:. ::111.8 148.5 164.97 127.05: "286.39.. hS241.;19 623.15 517.26

1.17 GRIEVANCE REDRESS The KSTP has provisions for redress of grievance of disputes arising out of land acquisition, compensation and assistance to the project affected and displaced persons, families and groups. The Grievance Redress Committees have been formed at the District level are expected to resolve the grievances of the entitled persons within a stipulated time.

1.18 MONITORING AND EVALUATION Regular monitoring of the R&R activities will be carried out by the PMT of the PWD. But the Project has proposed to engage an External Agency for mid-term and end­ term evaluation of the activities. The range of activities that will need to be monitored include Land acquisition and transfer procedures; Disbursement of compensation and assistance; Construction of replacement buildings by the displaced families;

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Rehabilitation of displaced families and business enterprises; Rehabilitation of income levels.

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The monitoring indicators include both input/output indicators and outcome/impact indicators. The input/output indicators relate to the physical progress and the outcome/impact indicators relate to the qualitative progress of the project objectives as stated in the R&R policy. These aspects were discussed in detail in the RAP for the Phase I roads along with sample formats for monitoring. These will be continued through the Phase II roads implementation.

1.19 PUBUC DISCLOSURE OF THE RAP Disclosing the details of the project to the public is highly significant to achieve their confidence and cooperation. For information dissemination mass media can be utilised as 90% people of the State are literate and almost everybody reads the newspaper daily. A copy of the RAP for the Phase I roads was kept at the District Information Offices of the project districts, where people have free access. This information will be shared through newspapers advertisements. The same procedure will be followed for the Phase II RAP. A version of the RAP Executive Summary RAP will be kept at affected village offices, in addition to the respective District Information Office. The RAP will also be available at the World Bank Info shop, Washington DC and New . .

Louis Berger lnternational/Sheladia Associates/CES/ICT 12 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

2 METHODOLOGY

2.1 INTRODUCTION This chapter describes the methodology adopted for the collection and analysis of data on social impacts and the plotting of strip maps. It also discusses the method involved for screening and identification of areas of concern and the recommended methodology for the preparation of the RAP. The basic objective of this exercise is to assess the socio-economic and cultural status of the project affected persons.

The action plan is based on primary and secondary data and extensive consultation with the stakeholders. Two sets of questionnaires2 were prepared to collect the primary data: one for collecting information on the resource base of the affected population (a census of population and their assets inventory) and the other to develop the socio-economic database for monitoring and evaluation. These are appended to this Report as Annex 2. The consultations were organised to ensure participation of the stakeholders in the project preparation and to address the needs of different social groups. In summary, a social impact assessment was undertaken, followed by a census and socio-economic surveys of potentially affected persons.

2.2 THE VERIFICATION EXERCISE The Kerala PWD undertook a joint verification with the State Revenue Department of the road links selected for the Project, to establish the legal boundaries of the right of way (ROW), identify current usage of the land in terms of squatters, land encroachments, fixed and moveable structures, trees and wells, etc.

The information on the revenue survey numbers of the proposed affected families was obtained from the affected persons, if available, and from the respective revenue local level offices. As the revenue litho maps available in the village offices are very big in size, they were conceptually drawn for the project to facilitate the verification exercise.

2.3 SURVEYS 2.3.1 Reconnaissance Level Screening The purpose of this survey was to assess the possible impact of the project on the people living and/or working along the project roads in terms of loss of shelter and livelihood. The survey also aimed at finding out the potential project affected persons' perception about the project and the initial reaction to the idea of relocation and resettlement. To facilitate the screening process, data were analysed both manually and through a computer model. The computer model generated an overview of the number of persons that would be affected, the extent of land take, and the cost of relocation and rebuilding of structures.

2 Annex 2.1, Schedule for Census Survey of 100% Potential PAPs; and Annex 2.2, Schedule for Baseline Socio­ Economic Survey.

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The results of the surveys were incorporated into a series of computer models especially developed for the project. For each link the distance to the edge of the corridor, the distance to buildin,gs and the distance between buildings parallel to the road were entered into a spreadsheet and the following were calculated:

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Width of corridor • Distance between buildings across the corridor • The proportion of road (percent) in four width categories: over 20 m, 12-20 m, 10-12 m, and under 10 m For each of four corridor widths selected by the user (currently set at 9.2, 12, 15 and 30 m representing a 30 foot corridor, a minimum corridor, a 15 m corridor to IRC standards and a dual carriageway respectively) the following were calculated: Land required to be purchased in order to establish the corridor width Cost of land required to be purchased Number of buildings to be demolished The value of the buildings to be acquired The number of project affected persons (PAPs) The number of PAPs per kilometre. Photographs and informal discussions supplemented the reconnaissance level screening survey with the potentially affected persons to provide an overview of the likely impact. A team of 12 surveyors collected this information, supervised by a senior professional.

2.3.2 Census The purpose of the household census survey was to gather quantitative information on the loss of land and other productive resources, loss of structures, loss of access to public services, loss of livelihood, loss of access to common property resources, etc. due to the project, for facilitating compensation, resettlement and rehabi litation.

The data for the 100% detailed census survey were collected through the interview method. with the help of a structured questionnaire. Based on the preliminary engineering design, property owners and otherwise users likely to be affected by the proposed corridor of impact (COl) were included in the interviews.

Every property (structure and land) coming within the COl was measured from the centreline of the road and along the road. Photographs of affected persons or groups were taken and video documentation of proposed project roads were done. The land parcels were identified by the name of the owners and the Revenue Department survey numbers, if available from the respective Village Offices, which maintain the local land records. The structures were identified by the names and addresses of the owners and/or users, and the people living therein as household members or working there for livelihoods were included in the census. Their social group information was recorded to facilitate privileged dispensation of compensation to the vulnerable groups, as outlined in the R&R policy document. Other demographic features included literacy level, occupation, income of the household members and skills possessed by them, if any. Tenants, encroachers and squatters within the COl were identified based on their statements.

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The assets inventory included, in addition to structures, agricultural/plantation land, trees ( are the primary cash crop of the State), and private water source. The construction type, viz., pucca (concrete built) and kutcha (mud wall/thatched roof), wall construction material, roofing material and flooring material were also recorded.

The structures were link-wise and left/right side-wise (in progressive chainage direction) serially numbered and within a given structure its multiple units were identified. The structures are further identifiable according to chainage. These numerical orders corresponded with those in the strip mapping exercise that was conducted at the same time.

2.3.3 Socio-Economic Baseline Survey The purpose of the baseline socio-economic survey was to gather qualitative information on the life style of the PAPs as well as the details of their losses and other adverse impacts such as disruption of social, cultural, religious, or economic activities, due to the project. A sample survey of 25% of the households selected were from the socially and economically poorer sections was also conducted to facilitate monitoring, evaluation and implementation of the RAP.

The information generated through the socio-economic surveys includes- economic activities of the PAPs, household consumption/expenditure patterns, migration patterns, perception about the project, women's participation in domestic chores, women's role in household decision making, indebtedness, health status, utility connections at home, etc.

2.3.4 Data Computerisation and Analysis The interview schedules, completed every day of the surveys, were verified and on completion of data collection in a given link, the data were entered into the computers in the project office using Microsoft Access data programming and processing software.

2.3.5 Data Updating The lists of affected persons and assets will be updated during the consultancy period as well as during the project implementation phase. Cross verification by the NGOs in the field will be helpful to effect modifications at the time of implementation.

2.4 CONSULTATION METHODS Public consultations will be helpful to disseminate information about the project to the potentially affected population and to incorporate their views and suggestions in the preparation of the final engineering design and the RAP. Three State level workshops were held at three geographical areas to generate ideas and opinions about the project. The social impact survey team members facilitated extensive consultations at the project road level. The participants of these meetings include members of the local community and the village/panchayath representatives and officials. Public meetings were also held at a number of places on' the project links, especially in high level of impacts areas such as narrow corridors where a number of

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structures or livelihoods are likely to be affected. All these consultations were also helpful to focus attention on public amenities like bus stops, access roads, etc.

Different social and interest groups, such as people engaged in commercial activities, members of the Scheduled Castes and Other Backward Communities, selected on the basis of the socio-economic survey, were invited to focus group discussions. This exercise enabled the Consultants to prepare the RAP vis-a-vis their needs.

2.5 STRIP MAPS AND LAND SCHEDULES The strip maps represent the land plans as well as the details of the project roads. The strip maps were prepared by walking along the project roads at the same time as the census surveys. The basis of these maps is the preliminary engineering designs. The professional responsible for the strip maps marked every metre of land use on both sides of the road in the maps, which included the details of buildings, bus stops, water sources, water bodies, trees, place names and the administrative unit names. The details of buildings included such information as the use of the building - residential, commercial, governmental, religious, school, health care facility, etc.; number of floors; identification of properties other than buildings, etc.

The maps were subsequently computerised in the project office and the data on land take based on the census, were entered into the maps and the affected areas to be acquired were measured and marked on the maps, to facilitate the setting out of land areas in the field. The ownership of the area between two properties parallel to the road is not clear. It is presumed that this patch of land is Government property.

The strip maps/land plans are accompanied with the land schedules of the respective road links. The schedules contained the computer identification number of each property arranged according to progressive chainage and serial number according to the left and right sides, the use of the property, name of the owner/user, revenue survey number, name of the village and address of the property, the number of affected families (entitled persons) in that property, the total property area and the affected property area, the total building area and the affected building area (if at all), and the vulnerability categories of the affected families. The total property area is inclusive of the building area.

It is necessary to mention that the revenue maps were rarely available with the revenue offices and even when updated versions were not available (For eg in the Link 70, it was last updated in 1920). Moreover, while the PCC design maps are of 1:2000 scales, the maps available with the revenue offices are of disproportionate scales. Therefore, conceptual replica of those maps was prepared.

It should also be noted that the revenue offices have not, in many cases, updated the sub-divided revenue numbers (thandapar number) of a plot. So the Consultants were compelled to record the available information from the revenue offices and the proposed affected persons with regard to the collection of revenue numbers

Louis Berger InternationaliSheladia Associates/CES/lCT 17 Kerala State Transport Project II: Resettlement Action Plan KSTP II

2.6 UMITATIONS The limitation in this project has been defined by the fact that the project roadsides are heavily built up with large and permanent structures. Most buildings on the project roads were identified in congested market areas. With the highest population density in the country, social impact data collection along the project roads in the State proved to be a most time consuming exercise.

Moreover, with a twenty-year old history of people migrating or emigrating from the State in search of livelihoods, many affected structures were found locked or otherwise inaccessible and neighbours could not provide any useful information regarding ownership. Locating the owners of the rubber plantations and other agricultural areas along the project roads proved to be a difficult proposition and sometimes an impossible exercise. In such cases, the land schedules marked the property owners as "not known".

The affected people often gave apparently wrong information on their income and expenditure. In many cases people even refused to talk about their incomes. People were, otherwise, cooperative with the survey process, but the local small businesses, especially the eating places, believed the surveyors to be sales tax agents, sent by the State Revenue Department. In almost all cases the owners of the commercial establishments did not allow the recording of the names and other details of their employees, beyond mentioning their numbers.

When the implementation of the RAP for the Phase I roads was initiated, it is noticed that the number of Eligible Persons recorded is much more. The corridor of impact will be clear only when the stones are laid and then it is easier for the NGOs to identify all eligible persons within the COl.

Similarly, the definition of "family" in the R&R policy was confusing, as it does not match with the local definitions or usual census definitions. So the total number of PAPs might vary considerably, as all adult members other that the father & mother are to be counted as separate families in a residential plot and all members such as the employer, employee etc as a separate families in a commercial plots, confusing the total number of PAFs. So the NGOs need to closely verify these details for accurate information .. Due to all these close verification of the details in this document by the NGOs is strongly recommended to update these details, when they conduct the verification surveys.

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3 MINIMIS:ING NEGATIVE SOCIAL :IMPACT

3.1 INTRODUCTION The R&R component of the Project has been prepared according to the R&R Principles and Policy Framework (approved by the Kerala State Government in August 2000), adopted by the Kerala State Transport Project and the World Bank guidelines.3 The Bank policy emphasises the need to avoid or minimise involuntary resettlement on development projects. The KSTP policy, also, acknowledges the importance of avoiding adverse socio-economic impacts in road design and construction.

The success of a project depends to a large extent on the improvement that it brings about in the living standards of the people, both in the short and the long term. While preparing the engineering design, the prime consideration has been to minimise the social negative impacts within the limitations of technical requirements and cost effectiveness and to enhance the benefits. Despite the best efforts to minimise the negative social impact, however, land take and resettlement . has been unavoidable.

The project area on each Link was divided into three .broad categories for the assessment of land take, which has implications upon costs and budgeting:

Congested market areas with dense placement of structures, including legal title holders of land plots and structures, and legal4 or illegal squatters; Built up residential areas along the road where there is a requirement for acquisition of land from existing compound walls and parts of the compound and/or structures; Roadside agricultural/plantation land. 3.2 OPTIONS CONSIDERED FOR MINIMISING NEGATIVE SOOAL IMPACTS 3.2.1 Design Considerations According to the three broad categories mentioned above, a joint decision among the engineering, environmental and social impact teams was taken to avoid land take from religious structures, such as, churches, mosques, temples, graves, sacred groves, etc., congested market areas (which would save both displacement and livelihoods as well as excessive costs), and avoid splitting agricultural fields as far as possible. A set of guidelines with social concern was prepared for the reference of the design engineers and is appended to this Report as Annex 3.1.

Realignments have been proposed at a number of places on several of the road links, each length varying from 100 metres to 400 metres. The Environmental

3 00 4.30/0P 4.12: Involuntary Resettlement. The World Bank, Washington, DC, 1990/1999. 4 Squatting is by definition illegal, but "legal" squatters are those who are authorized by the civic authorities, such as the municipality or the panchayat, to set up small businesses on small structures, usually raised on a platform, on public lands for a license fee. Locally called bunk, these are usually wooden structures with tin roof.

Louis Berger InternationallSheladia Associates/CES/ICT 19 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Impact Assessment has made a detailed analysis of each one of these realignments. It is mentioned here, however, that these proposed realignment sections pass through virgin agricultural or rubber plantation lands, which the PWD needs to purchase from the owners. Depending on the topography of a given area, even for a road black top width of 7 metres, the average total required width for every 100 metres length could vary from a minimum of 15 metres to a maximum of 30 metres. In such cases, the efforts mentioned in Annex 3.1 do not apply. Realignment apart, the widening exercise has been strictly limited to the existing COl and where this has not been possible and compound walls and/or buildings have been affected, considerations were made on the number of affected compound walls and/or buildings on either side of the road in a given area. The side having the less number of affected properties was chosen for the widening side as a measure of minimising impacts. This information is evident in the strip maps and the road design maps. The engineering design parameters for minimising the social impacts are contained in Annex 3.2.

Kerala being a land- sparse State, the roads are typically narrow and to upgrade the project roads to IRC (Indian Road Congress) standards of 30m for four-Ianing would have affected a very large number of people and properties. Even a compromise corridor width of 23m would have affected a large number of people and properties. Although efforts have been made to confine the road improvements to the existing right of way, this has not always been possible because of the topography and curves. The project has generally considered a 12-15m COl for a 7­ metre carriageway, although Link 4 is designed for a 10 m carriageway.

The extent to which negative impacts have been minimised in project design is illustrated in the following table. The figures for the outcomes of a given link according to its finally considered design width are italicised in this table; otherwise, the data for different corridor widths were simulated for the feasibility study research of the project. Link 84.1-4 and Link 84.5-7 were combined in the simulated data; hence, they are combined in the following table.

Table 3.1: Effects of Minimizing Negative Social Impacts through Design Modifications Road Links 30m COl 15m COl 12m COl 10m COl

Link 4: Chengannur - Ettumanoor (47.0 KM) Number of affected PAPs 11723 3440 0 0 Number of properties affected 3181 1971 0 0 Magnitude of land take (hal 46.11 12.16 2.30 1.52 Link 5: Ettumanoor - Muvattupuzha (40.90 km) Number of affected PAPs 1895 950 728 251 Number of properties affected 925 646 536 63 Magnitude of land take (hal 52.46 6.00 4.09 1.35 Link 68: Pilathara - Pappinssery (21.0 km) Number of affected PAPs 3538 1315 710 267 Number of properties affected 885 604 564 67 Magnitude of land take (hal 32.38 9.22 3.33 1.40 Link 69: Kasaragod - Kanhangad (24.0 km) Number of affected PAPs 1614 965 563 114

Louis Berger International/Sheladia Associates/CES/ICT 20 Kerala State Transport Project lI: Resettlement Action Plan - KSTP II

Road Links 30m COl 15m COl 12m COl 10m COl Number of properties affected 603 441 311 29 Magnitude of land take (ha) 22.69 11.79 3.35 1.5 Link 74: Thalaserry - Valavupara (53.78 km) Number of affected PAPs 3052 2675 600 38 Number of properties affected 724 1482 142 12 Magnitude of land take (ha) 84.83 15.98 7.05 0.62 Link 84: Punalur - Thodupuzha (132.22 km) Number of affected PAPs 17584 6029 1824 1229 Number of properties affected 4171 3112 733 492 Magnitude of land take (ha) 233.04 35.01 21.19 7.38

louis Berger InternationallSheladia Associates/CES/lCT 21 Kerala State Transport Project 11: Resettlement Action Plan - KSTP 11

This table is based on the engineering design. It excludes the Bypass roads, which were not subjected to the original feasibility study but considered to minimise land take and there by reduce the number of affected people, to the extent possible. As the table illustrates, adopting a 30m-road width parameter would have created a major R&R problem, considering the number of affected persons, number of affected structures and the magnitude of land take involved. A COl varying. between 12m and 15m has moderately affected the R&R aspects of the project. In this way, the project has made a maximum effort to minimise negative social impacts. As a result of integrating social issues in project preparation, displacement and the need to resettle and/or rehabilitate affected households and persons has been considerably reduced.

Additionally, during the verification of the strip maps against the road design maps, whenever it was found that the new road line was just touching by a compound wall or a building, or a compound wall or a building was affected only by half-a-metre to one metre area, the property was marked for saving in the contractor's maps. Approximately 0.05% properties have been thus additionally saved from being affected. 3.2.2 Public Consultations Public consultations, discussed in Chapter 7, created another avenue for minimising negative social impacts. The purpose of these consultations was to obtain the views and suggestions of the potentially affected persons on the road design and its potential impacts on the affected people. The affected persons were consulted as "focus groups", such as a group of affected residents, a group of affected agricultural families, and a group of affected shop owners/traders. These are also interest groups. These interest groups very often came up with alternative suggestions on the alignments. All attempts have been made to accommodate their views and suggestions within the technical feasibility. 3.2.3 Aggrieved People's Representations As the census and social impact surveys progressed and the project evolved, more and more potentially affected people and institutions (e.g., religious places, acad~mic institutions, etc.) represented to the project office, requesting to spare their respective properties from land acquisition. Political pressures accompanied certain cases. These requests have been accommodated where ever; it is compatible with the technical feasibility. 3.2.4 Analysis of Alternative and Bypass The guiding principle with regard to the congested areas has been to limit the road upgrading activities within the available corridor. Design of footpaths over drains and limiting design speed also helped minimise the negative social impact with regard to both land take and road safety. Four bypasses have been proposed for the Phase II roads, (1) Thiruvalla Bypass, (2) Pala Bypass,(3) Adur Bypass and (4) Thodupuzha Bypass. The total length of these four bypasses is approximately 8.2 m, which are actually deviations from the main road ..In addition, the Bypass roads save properties/structures on the original route from being severely affected, although it affects agricultural plots.

louis Berger International/Sheladia Associates/CESJ]CT 22 Kerala State Transport Project IT: Resettlement Action Plan - KSTP IT

3.3 RESULTS OF MINIMISING NEGATIVE IMPACTS As a result of mainstreaming participation of beneficiaries and potentially affected persons and a socially responsive design process, the project incorporates measures that significantly avoid, reduce, or otherwise mitigate many adverse social impacts associated with highways improvements. Tables 3.2 and 3.3 respectively show the number of project affected and displaced families and the results of minimising negative social impacts.

While the classifications are self-explanatory, the category "Other" includes families that did not fall within the three well-defined classifications of residential, commercial and agricultural. This category includes families owning fallow or otherwise unused land, cultural or religious properties, schools and other educational institutions (non-government), etc. In the case of cultural properties it is only part of land or boundary wall and part of land that are affected although hyundis are fully affected (this is discussed in Chapter 17). In the case of educational or other institutions also, boundary wall or part of land or both have been affected. In the case of fallow or unused land, the degree of being affected has varied from a minimum of 2% of a given plot to fully affected.

T a ble 32. : p.rOJect Affecte d andO· IsplaceI d Persons Residential Commercial Res-Comm. Agricultural Other Total Link No. PAF PDF PAF PDF PAF PDF PAF PDF PAF PAF PDF 3.x 5 1 1 0 1 0 53 2 11 71 3 4 979 14 1507 103 256 9 58 0 231 3031 126 4.x 8 3 11 12 1 1 2 1 41 63 17 5 295 7 126 8 33 3 86 0 54 594 18 68 224 4 302 50 38 1 34 3 34 632 58 69 122 9 178 46 12 0 7 0 9 328 55 74 515 57 1080 143 3 0 122 3 207 1927 203 84.1-4 1315 55 692 87 177 8 413 4 168 2765 154 84.5-7 562 52 440 67 68 7 150 1 86 1306 127 84.1-4x 102 71 35 13 9 0 25 2 21 192 86 84.5-7x 0 0 4 1 2 0 13 1 0 19 2

,{{' ;;t.taJ')~ itiltU7" "21~;: 437"'>' '. 53Qtt :r2s_;; ].>;'29·; 963· "'j(11 ·X ;:862 :10928; :·>849

Table 3.3: Minimizing Negative Social Impact No_ of Affected Buildings Link No. No. of PAP No. of PDP Residential Commercial ** Before * After# Before* After# Before* After# Before* After# Link 3.x 0 71 0 3 0 2 0 0 Link 4 4,723 3031 655 126 1,634 759 1.677 694 Link 4.x 0 63 0 17 0 5 0 2 Link 5 1.895 594 47 18 617 236 246 85 Link 68 3,538 632 208 58 469 187 593 220 Link 69 1.614 328 198 55 240 87 317 120 Link 74 3,052 1927 711 203 799 412 2,246 695 Link 84.1-4 10,584 2784 646 156 3,326 1,080 2,165 469 Link 84.5-7 7,000 1306 401 127 1,003 382 707 213 Link 84.5-7.x 0 192 0 86 0 0 0 18 ';'(;rrT_:E;'j;';;',;;~_, t .'·l.~ iliI;(2tS6ii:~ 3iilicpZri49': 'i,;~:t~ '~L3;tsOE ::,Zi~7~951;( ·i,~2:;il:i.6: • Before integrating social aspects # After integrating social aspects ** Residential-cum-commercial structures are included in the commercial structure category

Louis Berger lnternational/Sheladia Associates/CES/lCT 23 Kerala State Transport Project ll: Resettlement Action Plan - KSTP II

louis Berger International/Sheladia Associates/CES/ICT 24 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Table 3.3 indicates that after integrating the social concerns there has been a considerable reduction in the negative social impacts. The impact on the total population has been reduced by approximately 76%. The number of project displaced persons has been reduced by approximately 70%. The impact on the buildings has been considerably reduced by approximately 61% and 68% for residential and commercial properties, respectively. Agricultural land is not included in this comparison because the agricultural land was required and included as a result of the engineering design, especially for the bypasses. 3.3.1 Minimum Structures Affected Data obtained through the field surveys indicate that of the 9183 residential and commercial structures affected, 29% structures where only the boundary walls. Table below gives the details of the same. When the boundary walls are constructed, usually the building structure is located a little behind, leaving sufficient space in between, which have actually helped to save the original structures.

Table 3.4: Affected Walls Total Number of No. of Affected % of Affected # of Families Link No. Affected Res. & Saved from

3.4 MINIMISING RESETTLEMENT The number of affected persons and properties is unusually large in Kerala although, the magnitude of land take is not unusual given the total length of the Phase II roads. Moreover, the proposed bypasses have to be built on virgin land. It is emphasised that the Kerala roads are different in terms of the settlement pattern along the roads. The relatively higher .number of PAPs in Kerala is a result of the relative scarcity of land in the State, roads being typically narrow, extensive ribbon development along the roads, and high population density (being the highest in the country). While the State average density of population is 818 per square kilometre 5 in 2001 , the districts of Thiruvananthapuram, Alappuzha, Ernakulam and Kozhikode have population density in excess of 1000 persons per square kilometre.

Much of the roadside land beyond the right of way is under private ownership. Exceptions occur when some land is under the Revenue Department, known as the Puramboku land. This necessitates affecting the large number of landowners for the

5 According to the available provisional figures of the National Census conducted in March 2001. the population density of Kerala stands at 818 persons per square kilometre.

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improvement of the roads. Fortunately, the number of project-displaced families is much smaller compared to those, which are affected, approximately 8%. Therefore, the intensity of the resettlement activity in the project is relatively less.

Another area of relief is that encroaching and/or squatting on public land is not common on the project roads, although almost all the links have been identified as having a small number of encroacher and squatter families, total 45 and 115, respectively. Otherwise, the non-titleholders are tenants, both residential and commercial. The RAP adequately addresses the issues of rehabilitating the non­ titleholders according to the Project's R&R Principles and Policy.

To sum up, several measures have been adopted for minimising the negative social impacts in the Kerala State Transport Project. These include applying socially sensitive design parameters, alternative alignments, introducing bypasses, consultations with the residents, shop owners and aggrieved persons, and limiting land take of private properties, wherever possible, to boundary wall and the compound to avoid or minimise displacement of the families.

In light of the evaluation of options discussed in this chapter for minimising negative social impacts, it is emphasised that the magnitude of land take and the number of affected persons and properties have been minimised to the extent possible and the resettlement planned is essential and unavoidable for the improvement of the roads in the State.

Louis Berger International/Sheladia Associates/CES/ICT 26 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

4 FIND:INGS OF THE CENSUS AND SOCIO-ECONOMIC SURVEY RESULTS

The following sub-sections discuss the findings of the social impact surveys, including the census and the sample survey. As these exercises continued for over a year during 2000-2001, the cut-off date for the purpose of assistance to the eligible squatters and encroachers has been decided to be the start date of the census surveys in a given link. The following table lists the links and dates when the census surveys were initiated on the Phase II roads: Table 4.1: Project Road Links and Dates of Census Surveys

Link No. Link Name Date of Census 3.x Adur Bypass (phase I) 1 September 2002 4 Chengannur - Ettumanoor 18 December 2000 4.x Thiruvalla bypass 7 September 2002 5 Ettumanoor - Muvattupuzha 17 January 2001 68 Pilathara - Pappinssery 28 December 2000 69 Kasaragod - Kanhangad 20 December 2000 74 Thalaserry - Valuvapara 17 May 2000 84.1-4 Punalur - Ponkunnam 22 February 2001 84.1-4-x Thodupuzha bypass 25 March 2003 84.5-7 Ponkunnam - Thodupuzha 31 January 2001 84.5-7.x Pala bypass 3 September 2002

4.1 DEMOGRAPHIC PROF:lLE: AFFECTED POPULATION The total project affected persons in the seven Links (including four bypasses) of the Phase II roads 12661. Table 4.2 shows the Phase II affected population figures (PAPs) of the project roads gender-wise.

Table 4.2: Affected Prt,i,.,rt Roads Phase D Roads Link No. Link Name Total PAPs Male . Female

The male- female ratio in the table does not match with the State averages of 1038 females for 1000 males. This is because males mostly own the properties and in the commercial areas The PAPs are represented by employer/employees, mostly males. Even when women own the properties, the respondents report the name of males, which also might have influenced the data. For final picture a closer interaction with these PAFs through the local NGOs will be helpful. Even then it can be safely concluded that males generally dominate the scene as the ownership of assets is generally vested with them.

Louis Berger International/Sheladia Associates/CES/ICT 27 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Besides the above, 36% of the affected properties along the roadside are commercial units and the employers and employees in these structures doing business are males. The presence of females are mostly represented in residential sites only which also contributes to the disparity in the male -female sax ratio along the project roads.In the case of affected agricultural properties, the owners usually live elsewhere and the respondents who furnished data are the neighbours who report the name of male as the owner. All these were reflected in the data and are very specific to the project road situation, as against the census parameters. The following table (Table 4.3) demonstrates the distribution of the affected population by age and sex:

Ta ble4. 3 : O'Istn 'b utlon . Of AffectedPopuI'abon Bsy A~ge AndSex 0-17 18 - 30 31- 50 51- 60 Above 60 Total Male Female Link No. Male Female Male Female Male Female Male Female Male Female Total Total 3.x 2 0 3 4 14 4 28 5 19 2 81 66 15 4 104 83 783 259 969 308 316 106 282 160 3370 2454 916 4.x 2 2 12 0 15 4 19 1 14 1 70 62 8 5 19 16 81 74 134 123 64 59 81 77 728 379 349 68 11 10 114 57 197 93 75 48 73 32 710 470 240 69 13 18 87 26 101 27 39 19 39 13 382 279 103 74 34 38 160 58 382 92 102 27 82 41 1016 760 256 84.1-4 128 150 378 308 1059 767 466 388 510 315 4469 2541 1928 84.1-4.x 22 19 27 27 67 34 26 17 24 12 275 166 109 84.5 - 84.7 69 77 202 161 388 195 143 100 137 65 1537 939 598 84.5-7.x 0 0 0 0 8 1 10 2 2 0 23 20 3 irat1";';j)¥j,;L~ {~~. ","''''~,", " ,~ i;~. ";413 u,47 ~ , .. ~8Jl {JfiM7~ 126. ~;i~;~2,8 '1_~ ;f81~6 r:·;4525 The sex ratio in the 1-17 age group is often even, whereas in all other groups males dominate in the work active age groups. Even in the 60+ age group males dominate. This has to be viewed in the above context. 4.2 FAMILY ECONOMY/RESOURCE BASE The average monthly income of the respondents varies in different link roads. PAFs of Link 4 and link 68 top the list with average income of Rs 6975 and Rs 6957 respectively, whereas the PAFs of Bypass roads falls in the lowest range between Rs 1156 to Rs 1699. Only 44% of the PAFs are earning an income. The number of earning members below 18 years is minimum (0.47%). Though it is a positive sign, adequate safeguard measurers need to be adapted to avoid child labour in construction sites. Ta ble 44. : MonthiIy Average Famlly '1 Income and N umberofPersons Earnmg an ncome Persons 18+ Earning an Income Persons <18 Earning and Income Average %toTotal No. of Link No. Family Total 18+ No. of Total <18 % to Total 18+ PAPs Earners Income (Rs.) Number Earners Number PAPs * * (16-18) 3.x 1,601 79 57 72% 2 0 0% 4 6,975 3,183 1,353 43% 187 6 3.21% 4.x 1,156 66 40 61% 4 0 0% 5 3,880 693 252 36% 35 1 2.86% 68 6,957 689 486 71% 21 10 47.62% 69 4028.61 341 231 67% 41 10 224.39% 74 6576.3 836 701 83% 180 15 8.33%

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Link No.

Average 44% * For the numbers of total PAPs, refer to Table 4.2 4.2.1 Occupation Pattern The main occupation along the proposed project road includes agricultural and commercial activities, private and Govt jobs, and other miscellaneous jobs. Working as labourers, commercial/business activities (mainly running petty shops, government and private The "Other activities" include those that do not fall within the defined categories, especially wage labour other than in agriculture.

Ta bl e 45.. 0 ccupatlon Pattern on t he P'rOJect Roa d s ('*)0 ,; . ~ ' .,. . III ...... :."" ;' )( " GO ,,; ,,; ~ .. ,,;~ . ~upation:rit*·i': Ul: \I> I ~ GO CD ,,,; ·M'· it '..w : .... ii ..."" ...... c ...... 5> .5 :3 5 5 :S :S ':i 5 :3 5~ ~ Commercial 65 10 16 8 84 35 38 12 2 11 1 282 Enterprises Agriculture 5 10 2 4 4 40 27 0 15 6 3 116 Agriculture labourer 3 0 1 0 1 3 2 0 0 2 0 12 Professional 9 0 2 1 5 15 12 1 0 2 0 47 Government service 18 4 1 2 3 24 11 0 0 2 0 65 Private service 45 0 2 3 21 46 13 1 3 2 0 136 Shops/business 0 0 0 0 0 0 0 0 0 0 0 0 Household industries 0 0 0 0 0 0 0 0 0 0 0 0 Traditional skill 0 0 0 0 1 0 1 0 0 0 0 2 Other activities 48 2 6 9 10 106 70 2 4 3 0 260 * Number of persons earning an income, refer to Table 4.4 The category of "Agriculture" generally includes rubber and other plantations, and rice cultivation in the case of certain bypasses. The category "Government service" includes mostly schoolteachers and lower grade Government staff. No household industries or traditional activities are reported to be affected I along the project roads. Literacy and Education Status In keeping with the States' reputation as the most literate State in the Country the PAPs along the project road also showed high literacy and educational standards

Ta ble 46. : L'Iteracy,lEd ucatlon LeveI 0 f the AffectedPeople on t he P'rOJect Roa ds .c 15 VI VI CII 'Iii• ... VI I" .': ... :$ -e 0 III ... ,.;.1; ...... 1ft • .. o'~ PI • Ao :J ,,' 1:. :J .. Z.OIi( e s 'V i .'; ~ .c.. UnkNo. " .c .c 'V "";:; S3; ~lJ111 ' E '!Ao ':',~ '.'.,. Co 0 ... III' :1 ic 0 .. ,n. VI ,; ', ~ 8 :'!;,W :;), . .~ I ... ..; '.' 1&1 , ':J k e /!. .~ ..co·: 3.x 81 0 0 2 11 26 21 17 1 0 1 0 2 4 3370 6 4 194 509 853 539 405 32 10 19 16 24 4.x 70 0 1 0 17 30 14 5 0 1 0 2 0

Louis Berger lnternational/Sheladia Associates/CES/lCT 29 Kerala State II: Resettlement Action Plan KSTP II

*Engineer includes graduate, post-graduate as well as diploma holder engineers **Doctor includes allopathic. homoeopathic, ayurvedic as well as unani medical practitioners +Others professional includes lawyers, chartered accountants, computer degree/diploma holders, pharmacist. teachers' training diploma holder. Arabic language trained. nursing trained, etc. This table demonstrates that in all categories of designated literacy/educational levels, the percentages in all the project links vary from 73% to 100%, with an all-link percentage of 79. This is much higher than the trend elsewhere in India, although below the Kerala State average figure of 92%. This literacy/education level also demonstrates the lesser vulnerability of the project affected or displaced persons because they have access to information and are aware of the implications of the project for protecting their well being. 4.3 SOCIO-ECONOMIC PROFILE OF THE PAPS There is no urban -rural divide in the socio-economic characteristics along the project roads. Shops, shopping areas, educational institutions, health care facilities, religious institutions, public utilities such as wells, water taps, hand pumps, bus shelters, banks and offices, etc. are found all along the project roads. There are no remarkable differences in the number of shops, building types, electricity or water supply connection along the project roads, whether urban or rural. Of the total affected properties numbering 8,043, residential and commercial structures together number 5,919 and 90% of these affected buildings are of pucca construction. While piped water supply is not common, both the private and public wells have been serving the drinking water needs of the people of the State. The sample survey showed that more than 70% families had their own open wells. Every sample family has a toilet. The sample survey identified the expenditure patterns of the sample families as their quality of life, which was discussed in Phase I roads RAP. Other features such as access to water supply, electricity connection, and the construction material used for the average family are discussed in this Section, in addition to social profile of the population. 4.3.1 Social Group Indicators The socio-economic survey collected information on various social parameters, such as religious identity, caste, and tribe affiliation as the project affected family's social group indicators. The following table shows the results. Table 4 ..7 SoCla . I Group P'artlcu Iars 0f the P'rOJect Affect eel FamiT les Christian Hindu Muslim Link No. Total No. of Families Total % Total % Total % 3.x 71 38 53 33 47 0 0 4 3031 1749 57 1043 34 239 8

Louis Berger InternationallSheladia Associates/CES/lCT 30 Kerala State Transport Project IT: Resettlement Action Plan - KSTP IT

Religion: The distribution of Hindus and Christians on an average, across the project roads, is 44% and the percentage of Muslim PAFs is 13%. This configuration varies from link to link considerably as detailed in the table 4.7. Caste and Tribe: As regards the caste composition, the social impact surveys gathered information under the headings "SC","ST", "OBC" (Other Backward Castes) and "General" castes. The total Scheduled Caste families along the project road number 45 and scheduled tribe (ST) families number only six. Together they constitute less than 1% of the total PAF. While 15% people were recorded in the surveys as belonging to the aBC category, 84% of the project-affected people were enlisted as "General" caste category. 4.3.2 Household infra structure facilities 4.3.2.1 Domestic Water Supply Piped water supply is available only to 13% structures as detailed in the table. For the purpose of examining domestic water supply, the residential-cum-commercial mixed structures, otherwise considered with commercial structures, have been added with the regular residential structures. Ta bl e 4 .8 : ReSI . d entia . I Structures Wit. hp·Ipe dW ater Supply Link No. Total No. of Res. Tenants' with water supply % Owner's with water supply % Structures 4 882 17 2% 208 24% 4.x 6 0 0% 6 100% 5 251 0 0% 4 2% 68 209 0 0% 5 2% 69 87 1 1% 4 5% 74 412 22 0% 10 3% 84.1-4 1113 11 1% 128 12% 84.1-4.x 43 1 2% 8 19% 84.5-7 414 4 1% 61 15% 84.5-7.x 1. 0 0% 0 0% .... '", '; .. : "'.~ 6';!j;:;:U~: \ ;. ;.:4&2 ·Y'Totaf '"ix, , ;·.£E::L::;~t3155: ...... Ai'" .. •.• .·.•• :;i;'; .•• 15~· * Residential-cum-commercial mixed structures. Water supply needs of the rest of the PAPs are met through open/bore wells. There are household wells and community wells for this purpose. 4.3.3 Structures with Electricity Connection The access to electricity for the residential (including mixed) structures shows that 68% of the owner respondents and 4% of the tenant respondents have access to electricity, whereas in commercial structures 27% of the owner respondent and 43%

Louis Berger InternationallSheladia Associates/CES/lCT 31 Kerala State Transport Project n: Resettlement Action Plan - KSTP n

of the tenant respondents have access to electricity. Table 4.9 gives details of this data.

Table 4.9: Structures with to'II>I'Tr'I'nV Connection

The socio economic status of the PAPs as a whole reveals that majority of the PAPs along the project road can be classified under 'the middle class families' and a few can be grouped under "upper class "and "lower class" families, by the socio economic criteria defined in this survey.

Louis Berger International/Sheladia Assodates/CES/ICT 32 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

5 THE VULNERABLE GROUPS

5.1 INTRODUCTION The Rehabilitation and Resettlement principles and policy framework of the Kerala State Transport Project defines the "vulnerable" in terms of the following. Poor or landless people falling under the "below poverty line" category; Members of the Scheduled Castes (SC) and Scheduled Tribes (ST); Women headed households; Orphans or destitute persons (socially challenged); and Disabled persons (physically or mentally challenged). Squatters within the existing road corridor. The issues of the vulnerable groups in respect of this project and their mitigation are discussed in this chapter. 5.2 "BELOW POVERTY UNE" (BPL) A household whose monthly consumption expenditure is less than a designated sum as determined by the Department of Rural Development, Government of Kerala, will be considered as" below poverty line". A person who has been designated as falling under BPL category and earning up to 25% above poverty level will be considered as a vulnerable group. The BPL in Kerala currently stands at Rs. 21,000 per annum for a family of five members (average for rural and urban areas). Below poverty line (BPL) is a sum determined by the respective State Governments for rural and urban areas separately, that indicates the monthly average minimum spending on basic items for survival for a person. For Kerala this sum currently stands at Rs. 327.48 for rural areas and Rs. 372.96 for urban areas. The poverty line in India is defined on the basis of recommended nutritional requirements of 2400 calories per person per day for rural areas and 2100 for urban areas. This is the official definition of poverty line in India. In monetary terms, the poverty line is the total per capita monthly expenditure by which this recommended level of calorie intake is satisfied. The calories intake is then calculated based on the monthly per capita expenditure. In Kerala as the social indicators are high, the assessment of poverty is no easy business. BPL is a fiscal line and classifies People not having the capacity to spend for maintaining themselves. In the social surveys for the KSTP Phase II roads, 28% of the affected families surveyed are reported to be BPL. A very large number of PAFs are categorised under BPL class, as their real income is not crosschecked properly. As it is not mandatory to furnish the income details, the respondents conceal their real income and assets. The existing BPL list prepared by the Rural Development Department available in Panchayats can be accepted as a criterion for the identification of BPL in this project. Similarly, the ration cards issued to BPL category also can be accepted. Still there are certain genuine case uncovered under these lists and the NGOs can consider such cases on the basis of the criteria adopted by the State Poverty Eradication Mission viz "kudumbashree", which consider the following 9-risk index for selection of the BPL class. Those who have a minimum of 4 out of 9 will be selected as a BPL class.

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• Families having no land or less than 5 cents of land • No house or dilapidated house • No sanitary latrines • No access to safe drinking water (300m in rural, 150m in urban) • Women headed families/presence of widows/divorcee/abandoned lady/unwedded mother • No regularly employed in the family • Scheduled caste or scheduled tribe family • Presence of physically or mentally challenged / chronically ill in the family • Family without colour TV set A family with at least 4 of the above 9 indicators was considered a "high risk" or poor family. NGOs can verify to identify the BPL families on the basis of the above for further cross checking of BPL families. 5.3 SCHEDULED CASTES (SC) AND SCHEDULED TRIBES (Sn All PAPs belonging to the castes classified under Scheduled caste and tribe by the State Government, vide State gazette, can be considered so. They are considered as vulnerable category, as they are the socially and economically deprived sections of the population. In several socio economic indicators such as education, occupational status and income level, these communities lag behind. These deprivations make them vulnerable and special privileges are reserved to ensure them better status in any development/welfare scheme. In KSTP too special consideration is given to SC/ST class. 45 project affected SC families and 6 ST families along the project roads were identified to be eligible for such special privileges. 5.3.1 The Tribal Peoples The tribal people are variously known as indigenous ethnic minorities. These terms refer to social groups with distinct social and cultural identity and are separate from the dominant society that makes them vulnerable to being disadvantaged in the development process.6 The term "tribal" is often pejorative and has political connotations. The people so described have been traditionally marginalized and exploited all over the world by peoples who have occupied their lands. The Constitution of India provides for a special treatment for the uplift of the tribal peoples in India, known as the Scheduled Tribes (ST). It was mentioned earlier that the social impact surveys listed only six tribal families as PAF who will be treated according to the R&R Principles and Policy Framework. Though classified as tribals, these six families are very much similar to non-tribals as they are staying in the project roads interacting with others. Surveys established that the' socio-economic profile, ownership pattern, resource base, participation and institutional arrangement of these families are not different from non-tribals. Moreover, this project does not make any incursion into the virgin tribal areas /settlements which is mostly in interior areas. Hence no attempt has been made to prepare a separate indigenous people's development plan (IPDP) for KSTP.

6 Operational Directive 4.20: Indigenous Peoples. Washington, DC, The World Bank, 1991.

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5.4 WOMEN HEADED AND OTHER VULNERABLE FAMIUES Women in Kerala are generally of better social status with high rates of literacy, sex ratio, life expectancy, and other such social development indicators. But their employment status, access to the economic resources and social status in the society is not much better. Some Women headed families need special attention when presence of widows/divorcee/abandoned lady/unwedded mother etc is represented. But these are special cases whereas many women headed families are economically and socially well of. 50 in K5TP only vulnerable women headed families will be considered for special supports as the real deserving cases. The Table 5.1 lists a count of all the affected vulnerable families, comprising BPL, women headed, scheduled caste, scheduled tribe, and families of physically disabled persons etc numbering 3,147 (30.45%). For the final selection of the vulnerable cases more close screening based on the criteria specified above are required. NGOs need to pay more attention to identify the real vulnerable in such cases. As revealed in the table (5.1) there are 3147 vulnerable categories are affected by the project. Some of them can be excluded from the list on close verification, ascertaining their vulnerable status.

(BPL Below Poverty Line; WH = Woman Headed; SC = Scheduled Caste; ST Scheduled Tribe; TH =Title Holder; NTH = Non-Title Holder)

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Table 5.2 presents the corresponding displaced vulnerable families, broken up into titleholder and non-titleholder The survey demonstrates that the disabled person, SC and ST families as vulnerable categories are of little numerical significance on the project roads. The project will provide economic rehabilitation grant to the displaced vulnerable and plots for those displaced vulnerable to be resettled. 3147 vulnerable PDFs will get Economic rehabilitation grant and 109 PDFs will be provided with plots. 5.5 SOCIAL CHARAC"rERlSTlCS OF THE VULNERABLE GROUPS ON THE PROJECT ROADS The data on the social characteristics of the vulnerable groups were collected along with the general data collection, which is analysed in this RAP. In addition, the socio-economic sample survey gathered such qualitative information as women's contribution to domestic labour, women's role in domestic decision making, prevalent diseases in the project area, etc. which were analysed in the Phase I RAP. This information can be used as an indicator for monitoring the project impact during the implementation phase to measure the changes in the standard of living ofthe PAFs.

5.5.1 Resource Base Chapter 4 discussed the occupation patterns of the PAFs. Based on the information already recorded, this section outlines the resource base of the vulnerable families. Like the general trend along the project roads, the principal occupations reported by the project-affected persons are commercial activates along the project roadside. Some are running their own business and some others working therein as employees. The latter category is included under private service. The "Other activities" include those that do not fall within the defined categories and includes wage labour. The following table shows the occupations engaged in by the vulnerable group families in terms of actual numbers. The categories of plantation and plantation labour have been merged with agriculture and agriculture labour, as in Kerala agriculture primarily refers to and rubber plantation and other cash crops. Except the proposed Adur Bypass (Link 3.x), the two other bypasses for the Phase II roads have been integrated with their respective road links. Table 5.3:

Most of the families along the project road are engaged in running small shops like pan shops or are working as employees in other business firms. Traditional skill

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based occupations are totally absent except the 9 cases doing carpentry and bamboo works. The proposed bypass areas are predominantly agricultural. Employees working in the Government and private services are mostly of Lower income groups. The project's sample survey shows that while 74% of the respondents welcome the project, the group also fears more road related hazards due to increased traffic after the upgrading of the roads. The sample survey also recorded that approximately 25% people are indebted to financial institutions7 and private moneylenders. 5.6 SQUATrERS The squatters, often clubbed together with encroachers, are classified under vulnerable group as they are often found to be residing or engaged in livelihood activities in the ROW or the corridor of impact. Most of them are running small shops in bunks (kutcha structures) with or without license by the civic authorities. Construction labourers, head load workers etc migrating from the neighbouring States also finds shelter in kutcha structures, along the roadsides. Poverty is the main criterion for defining a group of people as vulnerable and certain income/expenditure level as well as certain existing social exclusion manifests this. In the case of squatters, the petty shops, do not guarantee income above the poverty level and most often they couldn't afford to hire out a shop for business. So the only alternative before them will be to erect such temporary structures on Government land/property to carry out their respective livelihoods. Table 5.4 presents the numbers of squatter, encroacher, and vulnerable encroacher families along the Phase II roads. Table 5.4: uatter and Encroacher Families Vulnerable

Of the 115 affected squatter families 30 will be displaced by the project. Though they are not eligible for compensation for land, they will get other assistance to replace their structure and re-establish their livelihood as per the project's R&R Principles and Policy Framework. 5.6.1 The Status Of Encroachers and Squatters within the Public ROW Most cases of encroachment and squatting in Kerala are limited to puramboke (revenue) land, although it is common to come across obvious squatting on PWD

7 Private financing institutions found all over Kerala, commonly known as the "blade companies' because of their murderous behaviour in the event of non-payment of the loans.

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land, such as a roadside vendor on the ROW. The surveys showed that most of the squatters are small shop owners who are licensed to carry out their livelihood activities on the municipality or panchayat or puramboke land. Some are without license. The surveys identified only those bunks as squatters whose owners did not have a license from the civic authorities (Municipality or Panchayath, as the case may be). Those who have licence were recorded as commercial enterprises and even though the individuals did not own the land on which the bunks were raised. Other squatters included labourers residing on the roadside.

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6 RESETrLEMENT POUCIES AND LEGAL FRAMEWORK

6.1 INTRODUCTION The Public Works Department of Kerala has prepared the R&R Principles and Policy Framework for the Kerala State Transport Project in accordance with the principles laid down in the World Bank OD 4.30 on InvoLuntary ResettLement, OD 4.20 on Indigenous PeopLes and the legal framework of the Government of India. The Kerala State Government approved this policy document in August 2000. This action plan has been prepared on the basis of the broad outlines formulated in the policy document (Annex 6.1). 6.2 POUCIES AND LEGAL FRAMEWORK 6.2.1 ·rhe World Bank Policy The World Bank has set out certain mandatory social impact mitigation requirements for its loan projects. The OD 4.30 describes the Bank policy and procedures for projects that involve involuntary resettlement. This policy aims to improve, or at a minimum, restore the welfare of the people who will be displaced because of a development project. This policy also requires that projects minimize the need for involuntary resettlement. Where displacement is unavoidable, resettlement plans should pay particular attention to the vulnerable groups. The other relevant Bank document, OD 4.20 provides specific safeguards when indigenous peoples are anticipated to be adversely affected by a development project. 6.2.2 The Indian Legal Framework The most relevant Indian regulations for facilitating resettlement and rehabilitation are:

The Land Acquisition Act, 1894 (amended 1984). This Act is the principal document for procedures to be followed for acquisition of land by the Government for public purposes and for determining compensation. While this Act does not per se provide for mitigation measures, its Section 23 discusses compensation at market price, the market value of land being determined "at the date of the publication of the notification."

The Environmental Guidelines for Rail/Road/Highway Projects, Ministry of Environment & Forest, Government of India, 1989, on relocation of project affected persons. These are just guidelines and the Government is not bound to implement these provisions. Nevertheless, the Guidelines have a section on relocation, which recommends the following mitigation measures for social impacts: (a) Advance notification of enough (say, two years) time must be given to enable the relocatees to find a suitable place. At the same time, the project authorities could arrange for public relations through television, radio, and advertisement on the need for the project and how land acquisition and compensation will be effected. (b) Advance realistic payment should be available in some form for the relocatees to secure a new unit.

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(c) The estimation of compensation for land and property should be based on the fair market value. The term fair market value is defined as being the amount at which the property would exchange between a willing buyer and a willing seller and both parties should have reasonable knowledge of all relevant facts. (d) The choice of replacement of a living unit organized by the project authority may be made available for the relocatees who are not satisfied with the compensation amount or who cannot find a suitable house. (e) Re-establishment cost must be carefully considered to offset the loss in income, increase in expenditure resulting from disconnection of public utility services and moving cost. Special attention must be paid to the possible loss of job or business that cannot be re-established. (f) In case of any squatters, a special programme for construction of a low cost housing unit (the labour provided by relocatees) may be set up. (g) A social work subsection should be established to follow up and monitor the problems faced by the relocatees. This sub-section should also be entrusted with the responsibility to ensure that individual households relocated receive sufficient compensation with enough lead-time to secure a living unit.

The Environmental Impact Assessment Notification, 1994, on comprehensive rehabilitation plan. This Notification, which applies to highway projects costing more than Rs. 50 crore (Rs. 500 million), has a provision for a comprehensive rehabilitation plan, if more than 1000 persons are likely to be displaced. It requires the impact assessment agency (Le., the PWD) to prepare a set of recommendations based on technical assessment of documents and data, in interaction with the affected people and environmental groups. 6.3 ASSESSMENT OF CURRENT LAND ACQUISITION PRACTICES, THEIR APPROPRIATENESS AND POTENTIAL IMPACTS FOR THIS PROJECT 6.3.1 The Land Acquisition Act, 1891 The LA Act, legislated in British India and amended as late as 1984, guides the basis of the Indian land acquisition practices. The salient features of the LA Act, relevant for this project, are listed below: "Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose,a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality, of which at least one shall be in the regional language and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality." (The LA Act, 4.1) The LA Act explains the expression public purpose and the nearest explanation for this project approximates "the provision of land for town or rural planning." (The LA Act, 3.f.ii) It would be lawful for a government representative to enter upon and survey a person's property only after issuing the notification mentioned above. (The LA Act, 4.2)

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Any person receiving a notice under section 4.1 has a right to file his objection, if any, to the acquisition of his land within 30 days of the issue of the notification. (The LA Act, 5A.1) Such objections are to be made to the Collector in writing. The Collector will give the objector an opportunity to be heard and, based on that and after further inquiry will write his recommendations on the objections. However, the decision of the appropriate Government on the objections will be final. (The LA Act,SA.2) The Collector is empowered to fix the amount of compensation, by agreement, if possible. (The LA Act, 11) The land acquisition process has to be completed within two years from the last of the publication dates. If it is not so done, the entire proceedings for the acquisition of the land will lapse. (The LA Act, 11A)8 However, in cases of urgency, the Collector is empowered to take possession of a notified land after 15 days of the expiry of the last notification, even if no award has been made. (The LA Act, 17) Any affected person not satisfied with the award of the Collector has a right to make a reference to a Court within six weeks from the date of the Collector's award with regard to (1) the measurement of the land, (2) the amount of the compensation, (3) the persons to whom it is payable, and (4) the apportionment of the award among the persons affected. (The LA Act, 18) In determining the amount of compensation, the Court will consider compensation at "market value", the market value of the land being determined "at the date of the publication of the notification." (The LA Act, 23) In addition to the market value of the land, the Court will also award in every such case a solatium of 30% on such market value, in consideration of the compulsory nature of the acquisition. (The LA Act, 23.2) The amount of compensation awarded by the Court will not be lower than the amount awarded by the Collector. (The LA Act, 25) No award or agreement made under the Land Acquisition Act 1894/1984 will be chargeable with stamp duty, and no person claiming under any such award or agreement would be liable to pay any fee for a copy of the same. (The LA Act, 51) Discussion For any land acquisition by the Government, the Land Acquisition Act under section 4(1) stipulates publication of a notification to that effect in the official Gazette and in two daily newspapers circulated in the locality, of which at least shall be in the regional ("vernacular") language. After the notification, the Land Acquisition Officer (LAO) witl make a preliminary survey to ascertain the suitability of the land in question and determine the exact portion of the land to be required. The conclusions arrived at are announced in the form of a public notice at a convenient place in the locality in which the land is to be acquired. Such a notification provides

8 In computing the period of two years referred to in this section, the period during which any action is stayed by an order of a Court is to be excluded.

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an opportunity to the affected parties to file objections to the proposed acquisition under section SA of the LA Act. It is to be emphasised, however, that written notices in public places are not sufficient. This project proposes special emphasis on the information dissemination process through personal contact and the audio-visual media. It will be the duty of the R&R Committees in each district to fully ensure that each affected PAP is fully aware of the procedures and their possibilities and rights to participate in the process. As the Government acquires private land for "public purposes" which are defined in the Act, a court of law is not empowered to entertain any litigation regarding the appropriateness of the "public purpose". The law is also silent if any person, other than the "interested person" can object to the Government order under section 4(1) for acquisition of private land.

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In order to proceed with the acquisition of the notified land or any portion of it, a declaration under section 6 of the Act specifying the precise boundaries of the area of the land need to be made. Every declaration is to be published in the official gazette and in two daily newspapers, which have circulation in the local areas. With the appearance of the notification under section 6 of the Act in the Gazette, the Revenue Department issues a direction to the Collector under section 7 of the Act to issue the order for acquisition of the notified land and/or other immovable properties. Section 8 of the Act requires land to be marked out, measured and planned, while under section 9 notices are served to the concerned person stating the intention of the Government to take possession of the land and that any claims for compensation should be made to the Collector. Finally, the award of compensation is made by the Collector under section 11 of the Act after enquiring into objections (if any) in pursuant to the notice given under section 9, to the measurements made under section 8 and into the value of the land on the date of publication of the notification under section 4(1). The award under section 11 is made within two years from the date of publication of the declaration and if no award is made within this period the entire proceedings of the land acquisition lapses and a fresh notification needs to be initiated. Once the award is made, the Collector takes possession of the land, which thereupon vests absolutely in the Government free from all encumbrances. This process is exhibited in the accompanying flow chart. Land is in the Eminent Domain under the Indian laws and in case of an emergency, section 17 of the Act empowers the Collector to take possession of the land after 15 days of issuing notice under section 4(1}. However, section 17 of the LA Act is invoked only when it is considered to be absolutely necessary. The above discussion makes it clear that the Indian LA Act has built in safeguard measures to protect the interests of the common man titleholder of land under normal circumstances. If an "interested person" is not satisfied with the award or with the measurement of his land to be acquired by the Government, he is free to approach a court of law for redress of his grievances. Experience and precedents show, however, that this is a lengthy exercise and takes a long time to resolve. Moreover, social impact assessment is a part of the greater environmental concern and the formal land acquisition process cannot commence until the Ministry of Environment and Forest of the Government of India, has approved the Environmental Impact Assessment. This is an integrated programme which itself takes a long time to effect, and the whole process inordinately delays the current land acquisition practice. 6.4 ENmLEMENTS FOR LOSS OF LAND TENURE The R&R policy framework of the KSTP provides for the compensation of agricultural land at replacement value. The land tenure consists of only ownership. Land is under the State subject in the Constitution of India and the land laws of Kerala abolished the system of land tenure based on sharecropping or tenancy in the 1960s. The social impact surveys identified persons who worked as labourers on agricultural land, eligible for receiving assistance for the loss of their wage income.

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6.4.1 The Resettlement Policy The Kerala State Transport Project's Resettlement & Rehabilitation Principles and Policy Framework provides guidance for a developmental approach to resettle and rehabilitate the people affected by the project. In particular the policy document highlights that: Wherever possible, displacement will be reduced or avoided altogether by sensitive design of civil works (viz., alternative designs or modifications to the design). Where displacement is unavoidable, those displaced will have their living standards improved. As far as possible, the displaced persons from one location will be located as a single unit. Particular attention will be paid to the needs of the most vulnerable groups to be resettled. The PAPs will be compensated at replacement cost for assets lost, irrespective of their legal standing in the project area. Special assistance will be extended to the vulnerable to enhance their earning opportunities. The PAPs and the host communities will be encouraged to participate in the design and the implementation of the RAP. 6.4.2 Definitions The policy document, to be found as Annex 6.1, describes all of the relevant definitions of the terms used. Some of the important definitions are highlighted here: The cut-off date for titleholders will be the date of issue of the notice under section 4(1) of The Land Acquisition Act (1894/1984). In the case of non-title holders it is the date of the start of the census survey in the respective road links. A person above the age of 18 years has been defined as a separate family unit and will be eligible for support, if affected by the project. A project affected person (PAP) is one who sustains damage as a consequence of the project by (a) reasons of severing such land or (b) affecting his/her immovable properties in any manner or (c) adversely affecting his/her livelihood/earnings calculated by an objective assessment. This category includes project displaced persons. A project displaced person (PDP) is one who is compelled to change his/her place of residence and/or work place or place of business due to the project. The category of vulnerable group of persons is defined as those persons falling under the "Below Poverty Line" category and earning up to 25% above the poverty level. This group includes the disadvantaged persons belonging to the Scheduled Castes and Tribes, disabled persons, orphans, destitute persons and women headed households. Below poverty line (BPL) is a sum determined by the respective State Governments for rural and urban areas separately, that indicates the monthly average minimum spending on basic items for survival for a person. For Kerala this sum currently stands at Rs. 327.48 for rural areas and Rs. 372.96 for urban areas.

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The poverty line in India is defined on the basis of recommended nutritional requirements of 2400 calories per person per day for rural areas and 2100 for urban areas. This is the official definition of poverty line in India. In monetary terms, the poverty line is the total per capita monthly expenditure by which this recommended level of calorie intake is satisfied. The calories intake is then calculated based on the monthly per capita expenditure. An encroacher is a person who has trespassed on Government land, adjacent to his/her own land or asset to which he/she is not entitled and who derives his/her livelihood and housing from the encroached land prior to the cut-off date. A squatter is a person who has settled on Government owned land (and other private land) for housing or livelihood without permission or who has been occupying publicly owned building without authority prior to the cut-off date. 6.S ENTITLEMENT POUCIES FOR EACH CATEGORY OF IMPACT The R&R policy of the project provides for a comprehensive package of compensation and assistance to entitled persons, families and groups suffering losses as a result of the project. It provides mitigating measures for:

Loss of assets, including land, 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. Even in cases where no compensation for land is possible, as in the case of encroachers and squatters who are illegal occupants of land, the project will offer compensation and assistance for physical structures, relocation and rehabilitation. The implementation of the administration of compensation will be based on specific provisions as agreed in the RAP. 6.S.1 Method of Valuation of Losses The method of valuation of compensation used for affected structures, land, trees, other assets and assistance has been detailed in Chapter 16. The compensation values vary according to the use pattern and place, but an average amount has been used for indicative purposes. 6.5.2 Measures to avoid Litigation Precedents show that land transfer almost always involves litigation, which is costly and time consuming. Under the Land Acquisition Act 1894/1984, an affected person may accept the award of compensation under protest and appeal to a court of law for further reference. To avoid litigation, the R&R policy of the project has a provision for setting up State and district level committees to assess the replacement value of a property and advise the R&R Cell of the PWD accordingly. The most important expected outcome of these committees is the deliberation of the difference of valuation between the amount of award of compensation by the District Collector and the replacement value of the property. The agreeable

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difference will be offered to the affected persons under the head of replacement value. 6.6 SUMMARY OF ENmLEMENT MATRIX The broad entitlement framework comprising the compensation and assistance is summarized in Table 6.1.

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Table 6.1: Broad Entitlement Framework KERALA STATE TRANSPORT PROJECT Resettlement and Rehabilitation: Broad Entitlement Frame Work

Land Inside Right of Impacts and assistance criteria acquisition Way Non Non Vulnerable Vulnerable Vulnerable Vulnerable A. Corridor of Impact: Loss of land and other assets Support given to families and households 1 Consultation, counselling regarding alternatives, and assistance in identifying new sites and 3 3 3 3 opportunities 2 Compensation for land at replacement cost, plus allowances for fees or other charges 3 3 3 Advance notice to harvest non-perennial crops, or compensation for lost standing crops 3 3 3 3 4 Compensation for perennial crops and trees, calculated as annual produce value for one 3 3 season 5 Compensation or R&R assistance for structures 3 3 3 3* or other non-land assets 6 Shifting assistance 3 3 3 3 7 Option of moving to resettlement sites (in a group of minimum 25 families) incorporating 3 3 3 3 needs for civic amenities B. Corridor of Impact: Lost or diminished livelihood Su IJPort given to adult individuals 1 Rehabilitation and assistance for lost or 3 3 3 3* diminished livelihood 2 Additional support mechanisms for vulnerable groups in re-establishing or enhancing 3 3 livelihood 3 Employment opportunities in connection with 3 3 3 3 project to the extent possible 4 Any other impacts not yet identified, whether Unforeseen impacts shall be documented and loss of assets or livelihood mitigated based on the principles agreed upon in this Qolicy framework C. Indirect, group oriented impacts in the vicinity of the road corridor Group oriented support will be given to mitigate negative impacts on the community, and to enhance development opportunities. Addressing traffic safety needs of pedestrians will target particular support at more vulnerable groups, for example. * The entitlements will exclude the affected non-vulnerable encroachers but include non-vulnerable squatter.

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7 CONSULTATION AND PARTICIPATION

7.1 INTRODUCTION Development projects are by definition external interventions in which the intended target groups or their representatives have no direct involvement in the process of project preparation and negotiation. But for sustainable development, participation and involvement of the beneficiaries is considered inevitable in modern thinking. Development institutions are using various methods participatory methods that come under the name of "participatory development" or "people's participation", which is considered as a prerequisite for sustainable development. In this project context, participatory consultation and involvement of people are considered crucial. Experience indicates that involuntary resettlement generally leads to a number of problems for the affected population. But when people are properly informed and consulted about the project, allowing them to make meaningful choices through informed decision-making, problems are much less and atleast they themselves are competent to solve the problems with lesser efforts. People also feel secure and confident. Therefore, as indicated in Chapter 2, the project preparation involved consultations with stakeholders, proposed project affected persons and groups in the forms of scoping workshops, project level individual and focus group meetings, district and State level meetings. 7.2 LEVELS OF CONSULTATION The public consultation exercise during the project preparation involved information dissemination - informing the people about the details of the project and to invite their comments before finalizing the engineering design. The consultations were carried out with individuals during the screening survey stage and with both individuals and groups during the detailed social impact surveys. In addition, three State level scoping workshops were conducted in three different key locations during January-February, 2000. Detailed project information brochures were prepared and distributed to nearly 200 NGOs, Government Agencies, university and research institute experts and other interested parties, and they were invited to take part in or provide information to the scoping workshops organised by the Pce. These consultations were intended to substantially enrich project planning and design, improve public awareness of development objectives of the Government of Kerala and promote project acceptability and transparency. The consultations and their methodology were reported in the RAP for the Phase I roads and the follow up consultations were reported separately. In this Phase II RAP consultations organised along the Phase IT roads are included as Annex 7. These public consultations were helpful to save cultural sights, common property resources and private utilities, through realignment s. But more intensified information disclosure at Panchayat level are required through the NGOs for establishing a more responsive feedback and grievance Redressal mechanism including effective monitoring and reporting system.

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7.3 FOCUS GROUP DISCUSSION Based on preliminary social assessments, scoping and initial field appraisals, a participatory strategy was devised to ensure the participation of the affected populations in project preparation. Along with the surveys people were assembled in homogenous clusters such as - residential clusters, agricultural and commercial operators, housewives, etc. This facilitated to: Identify social sensitivities and concerns in affected road so as to suitably modify the project design and planning; Review measures to avoid, reduce or mitigate adverse impacts and minimise displacement; Explain principles and procedures and significance of land acquisition, resettlement and rehabilitation compensations and assistance to PAFs/PDFs. The focus group discussions were organised along the Phase n roads as detailed below, involving local traders to remove their apprehensions and convince them of the project philosophy and approach. Sample details of these focus group meetings have been appended as Annex 7 and the original meeting documents, with photographs and signatures of participants etc were documented.

Link/road Date Venue Link 4: Chengannur- 27/1/2001 Vyapari Vyvasayi office, Ettumanoor Ettumanoor

Thiruvalla Bypass 16/12/2002 PWD office, Thiruvalla

Link 68: Pilathara-Pappinssery Market junction at Pappinssery

Link 69: Kasaragod-Kanhangad Kalanad Junction

Link 84.-4: Ponkunnam-Punalur 10/3/2001 Vyapari Vyvasayi Office, Rani Town

Link84.1-4: Ponkunnam- 14/3/2001 A tea stall in Mallasheri Junction Punalur

Link84.1-4: Ponkunnam- 19/3/2001 Chittoor Mukku, Konni Punalur

Link84.5-7:Ponkunnam- 2/2/2001 Vyapari Vyvasayi (Merchants Thodupuzha Association) Office, Ponkunnam.

Link 84.5-7: Ponkunnam- 10/2/2001 Residence of Mr. Joseph Varkey at Thodupuzha Sara la, Village

Link 45: -Vadanapally Vyapara Bhavan at Kandanshankadavu

Link 84.1-4.x-Thodupuzha 11/6/2003 PWD Rest House, Thodupuzha Bypass

Link 3.x -Adoer Bypass 13/6/2003 Hotel Lal Residency, Adoer Junction

Link 84. 5-7.x. Pala Bypass 2/7/2003 Pala Revenue Divisional Office Conference hall, Pala

Link 84.1-4 Punalur- 2/7/2003 Simeon Stylites Orthodox Cathedral, Ponkunnam

Link 84.1-4 Punalur­ 18/7/2003 Panchayat Office, Konni

Louis Berger International/Sheladia Associates/CES/lCT 49 Kerala State Transport Project IT: Resettlement Action Plan - KSTP IT

Ponkunnam Link 84.1-4 Punalur­ 18(7/2003 Panchayat office, Pramadam, Ponkunnam Pathanamthitta

Three more consultations were organised in along, at the Kanjani Vyapari Vyvasayi Ekopana Samithi at Kanjani, also along Link 45: Thrissur-Vadanapally, and at the Vyapari Vyvasayi Office at along Link 67: Thaliparamba-. These consultations have not been included, as these road links were deleted from the priority road links of the KSTP.

The views and suggestions of the stakeholders raised in such meetings were incorporated into the engineering design, wherever feasible, so as to reduce the negative impacts likely to be caused by the project The following table presents the broad issues and concerns raised in the consultations and action taken in this connection. Table 7.1: Design Response to Stakeholder/Community Concerns Stakeholder or Community # Project Design Outcome/Action Taken Concerns/Suggestions L Individual Concerns/Suggestions 1 Road congested; require footpath/ cycle path and Footpaths and street lighting have been provided in the parking area. design for school and congested areas and parking areas provided in market areas. 2 Drainage and water logging problems The project design has provision for covered drains in town areas and line drain in other areas. 3 Protection of paddy fields; provision of slopes The design has taken care of this. 4 Road safety problems: road signing, speed Road signing and lining have been proposed. reducing bumps, curve straightening and sight Realignments and bypasses have taken care of the curve distance needed problems to a large extent. S Provide bus bays and waiting sheds Bus lay bys have been planned as per land availability. 6 Build a circle at the Intemational Has been considered in the design. Airport junction. 7 Provide signal post at every junction. Not recommended but a system of priorities has been designed for each major junction. 8 Provide permanent arrangements for lying of cables, pipelines, etc. by the side of the road to Has been incorporated in designs for urban areas. prevent periodic cutting of the roadsides. 9 Avoid height difference between soil area and Agreed good highways practice and has been tarring area at both sides of the road. incorporated in designs. 10 Use reflectors to show the demarcation line. Cat's eyes are not general practice but have been recommended. 11 BTR number and Field Survey Maps should be Suggestion well taken. consulted and compared before field investigation for identifying encroachment. D. Focus Group Concerns/Suggestions 1 Focus group discussion with a group of affected traders at Ettumanoor on Link 4. Queries included: The extent to which their properties would be Explained in detail. affected and the level of compensation. Will it be possible to harvest the products before acquisition? Yes, sufficient time allotted for harvesting. A bypass for Ettumanoor and Kottayam towns via Thavalakuzhy Junction, Poovathimudu and Under consideration,. Thiruvanchoor. After the acquisition of private land, when an In the case of small land holdings, building rules provide owner rebuilds his house, would there be a

Louis Berger InternationallSheladia Associates/CES/ICT so Kerala State Transport Project n: Resettlement Action Plan - KSTP n

Stakeholder or Community # Project Design Outcome/Action Taken Concerns/Suggestions relaxation of municipal norms on the setback exemptions. from the road edge? In case if a portion of the building is retained after demolishing the frontage, additional constructions are penmitted adding to the retained part, where this nonm is relaxed again. District Collectors will have power to relax the rule in There was a proposal for another bypass for specific cases. Ettumanoor via Parayanakuzhi, Kuttikattupady, New Mangalam Bridge and Sasthamkulangra. Examined, but later dropped due to environmental clearance problems. 2 Focus group discussion with residents and shopkeepers at Pappinssery, link 68. Their suggestions included: Both widening and strengthening will be done. Better to maintain the road than strengthening because long distance truckers use it as a bypass to NH-17. Details of KSTP philosophy, approach and compensation The local people at Junction packages explained. opposed KSTP project fearing land acquisition and there was another proposal to develop the road by the Naval Academy

3 Focus group discussion with residents at Kalanad Junction, near Kasaragod, link 69. Issues raised included: . Land acquisition will be minimised to the maximum was explained to them People voiced concern over losing their land and Also explained the compensation packages and land was apprehensive about the Compensation value calculation in the R&R policy document. packages The major issue of contention along this road relates to road safety due to a cut section. The location is Chandragiri Bridge before The design of the road has proposed a viaduct at this Kaland Junction, where there are two earth location to ease gradients and reduce accidents. cuttings of approximately 10 metres depth and the road passes through them. The depth of the road has caused many accidents and even otherwise, causes damage to the motor vehicles. 4 Focus group discussion with traders at the Vyapari Vyvasayi Office, Ranni Town, on link 84.1-4. Issues raised included: While the people are not against the project. they All bypass proposals have been dropped. The project are concerned about the large-scale loss of recognises the people's concern and every attempt properties. They offered a possible option: a has been made to avoid large-scale land bypass could be started from Blockpadi Junction acquisition. (chainage 50.860), which would pass through Mamukku Junction and will end at Chethankara Junction (chainage 54.860). The proposed affected people suggested that this meeting should have been held before the topographic survey. A survey for a new road is The project is sensitive to these issues and has taken like a sudden natural calamity and people get note of the people's legitimate concerns. mental problems, leading to suicides. Even prospective marriages in the area have been called off. Will the fund for the compensation come from the World Bank loan or will the Government pay it from its resources? It was explained that the compensation would come It was mentioned that in the proposed design at from he Government sources and the additional chainage 52.200, several multi-storeyed replacement value of lost properties and the R&R buildings were affected on the right side assistance will come from the World Bank loan. whereas there is vacant land available on the left The matter was examined and found that it did not

Louis Berger international/Sheladia Associates/CES/ICT 51 Kerala State Transport Project IT: Resettlement Action Plan KSTP IT

Stakeholder or Community # Project Design Outcome/Action Taken Concerns/Suggestions side. allow good geometry. However, the project has compromised on the design to save the buildings.

5 Focus group discussion with residents at a tea stall at Mallasheri Junction on Link 84.1-4. Issues raised included: Government is bound to compensate at replacement people welcomed the widening of the road but was value, in addition to giving R&R assistance as per the apprehensive of the compensation packages. KSTP R&R Policy was explained. Bus waiting shed as well a bus bay demanded at Bus bays and waiting sheds provided at chainage 34.320 Mallasheri Junction. (right side) and chainage 34.480 (left side). An affected individual (Structure No. L-599) The structure in question is no longer affected. requested for a change in alignment to save his only dwelling place comprising 4 cents of land. The structure in question is no longer affected. Another affected resident (L-593), a Jesuit, submitted a memorandum to save his structure,( he is a cancer patient). The engineering design of the roads has taken care of A suggestion was made; the road should be this aspect designed such that the columns of the structures are not affected.

6 Focus group discussion with residents at Chittor Mukku. Konni on Link 84.1-4:

A bypass to bypass Konni town. so that the It was explained that the bypass proposals were affected properties could be saved. dropped for environmental and other technical Questions on the basis of a fair compensation. reasons. A suggestion was made that if at all structure were The R&R policy was explained on this matter. to be affected; the road should be designed such The engineering design of the roads has taken care of that the columns of the structures are not this aspect affected.

7 Focus group discussion with residents at the local merchants association office at Ponkunnam on Link 84.5-7. Issues raised included: It was explained that the bypass proposals were A bypass to bypass the Ponkunnam town to save dropped fro environmental and other technical the affected properties. reasons. Issues on compensation. The compensation, replacement value and R&R assistance matters were explained.

8 Focus group discussion with residents in the house of Mr. Joseph Varkey on Link 84.5-7, Issues raised included: The compensation, replacement value and R&R The parameters for the calculation of land value for assistance matters were explained. compensation. Yes, according to the KSTP R&R Policy. Could agricultural produce be harvested before the construction begins? Yes, according to the KSTP R&R Policy. Would the compensation include loss of yield from the agricultural land?

9 Public consultations at Kumbazha • Team explained the details. But people were highly Complaints about the alignment emotional and were not ready to accept the Details about KSTP and R&R policy framework explanations. • Further meetings scheduled

10 Meetings at Grama panchayats in Konni and • In continuation to the above meeting. these were Pramadam arranged to exolain the dtails to the elected representatives of LSGs and ensure their cooperation for bridging the gap with the PAPs.

11 Public consultations along the Bypass roads-Pala, • Details explained. doubts clarified Thodupuzha and Adoor. • Representations from people received for avoiding • Clarify the details of the KSTP certain structures. which wilt be considered on the • Explain the alignment and here reactions ground of technical feasibility and financial viability.

Louis Berger international/Sheladia Associates/CES/ICT 52 Kerala State Tr;u,<:nr,rt n: Resettlement Action Plan - KSTP n

Suggested Future Consultations

Public consultations are effective. People like to here the details from the authorities directly. Patient hearing and sympathetic consideration to the genuine grievances will yield positive results.

NGOs engaged for RAP implementation can carry this forward through close interactions with the people.

The District R&R Team needs to closely monitor the field reactions and initiate timely actions to solve issues as and when it arises.

Elected representatives can play positive role in bridging the gaps with the aggrieved PAPs, once they are convinced of the details. Road development is an area of their keen interest and involvement.

Coordinator in the R&R Cell of the PMT will be responsible for monitoring this suggested consultations to be carried out throughout the project period are outlined below:

Louis Berger Internationa1lSheiadia Associates/CES/lCT 53 Kerala State Transport Project II: Resettlement Action Plan - KSTP n

Table 7.2: Future Consu tations and Contmued Participation Mechanisms Project Stage PAPs and Representatives NGOs Local Offkials Identification Receive information on Design and carry out Assist in census and project impacts. information and socio-economic Participate in coordination suggestions. survey. committee. Assist in census and Assist NGO in Participate in census socio-economic information surveys. survey. dissemination. Participate in consultations Participate in Participate in and to develop IG coordination arrange consultations. programmes. committee. Arrange PAP transport to Keep records of Participate in consultation sites. consultations. consultations. Assist in the Choose resettlement Representations on documentation of the alternatives or housing grievance tribunals. consultations. schemes. Facilitate PAP inter­ Examine the feasibility of Inputs of design of group meetings. the IG programmes resettlement locations. and discuss with Participate in grievance PAPs. tribunals. Implementation Monitor the provisions of Provide up dated Process IG proposals. entitlement. information on PAPs. Participate in grievance Labour and other input at Provide support in group redress. site. management. Provide assistance under Credit and other group Monitor entitlement local schemes. scheme management. provision and Membership of Management of sites and implementation of IG implementation project input. programmes. committee. Management of common Members of Process documents for property resources. implementation welfare and socio­ Member of implementation committee. economic services (e.g., committee. BPL card). Monitoring and Participate in grievance Provide information on Interaction with PAPs to Evaluation tribunals. project staff on identify problems in IG Report to project in IG vulnerable groups. programmes. schemes. Participate in correctional Report on service quality on strategies. sites. Provide inputs to M&E.

Future consultations and follow up public consultations for the Phase II roads at the project road link level are further proposed from September 2003 onwards. The proceedings of these meetings will be separately compiled, as was done for the Phase I roads.

Louis Berger International/Sheladia Associates/CES/ICT 54 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

8 LAND ACQUISmON AND ASSETS AFFECTED

8.1 INTRODUCTION Land acquisition is the most crucial and sensitive part of any road up gradation project. This may cause people to loss their properties, residential or commercial structure, agricultural land or assets like yielding trees, wells, or even loss of employment! occupations. In the implementation of KSTP, Government have designed a policy for the resettlement and rehabilitation of the affected parties, minimising and mitigating the negative social and economic impacts caused by the project. The extent of land to be acquired for the project is an indicator of impact on the social environment. This chapter examines the details of land acquisition and project affected and displaced persons to assess the extent of compensations to be effected. Detailed Land schedules are furnished in Volume-3 and classification of properties on usage basis lPAF jPDF) are given in Volume-2 (annexure 8.1 to 9.2.) , for detailed verification. Many of the affected properties have permanent structures. Maximum number of structure affected fall under the residential (41.34%) and commercial (27.76%) category. But, in terms of the magnitude of land take (refer Table 8.2), the agricultural land 32.95 hector (34%) dominates, followed by the residential land (33%). The social impact surveys have established that the total additional area of land required for accommodating the improvement works for the Phase IT roads is 82.67 Ha, of which private land is 78.31 Ha (Table 8.2). The government property includes 4.36 Ha of land area, which includes approximately 1.9 Ha of forestland and structures that were fully or partially affected, as identified during the surveys. Preliminary joint verification by the PWD and the Forest Department determined that a few realignment sections of Link 84.1-4 passed near a forest area. The RAP will, accordingly, be updated as and when confirmed information becomes available . . 8.2 ASSETS AFFECTED The KSTP Phase IT will affect a total of 8,081 properties, which include 3,150 residential structures, 2,516 commercial structures, 282 commercial-cum-residential mixed structures, 917 agricultural plots, 197 Government properties (buildings and land) and 1,019 properties not belonging to any of these categories, classified under "Other" category Table 8.1 such as fallow or unused land, bus shelters, religious properties, schools, hospitals, etc.

Table 8.1: Number of Assets Affected o Z .III. C ::;

5 536 236 44% 85 16% 15 3% 34 6% 79 15% 87 16% 68 564 187 33% 220 39% 22 4% 18 3% 87 15% 30 5% 69 286 87 30% 120 42% 5 2% 42 15% 25 9% 7 2%

louis Berger rnternational/Sheladia Associates/CES/lCT 55 Kerala State Transport Project n: Resettlement Action Plan - KSTP n

Chart 8.1 Number of assets affected

13%

• Re!idential 40% • Commercial LlMixed 3% • Awicu1ture mGovt mOther prop

Out of the total 8,081 numbers of affected properties, the residential structures comprise 40% while the commercial units and residential-commercial mixed structures together comprise 34% of the total properties. The agricultural plots constitute 11% of the total. Many of the commercial units are single person establishments of small floor areas (Annex 8.3), Some of these structures, even if affected by 25% of their total area, would be severely damaged and the persons running them would be displaced of their livelihoods. For indicative purpose, on an average, a commercial structure losing 50% of its floor area will need to be rehabilitated. But this has to be further verified considering the ground realities. Similarly, residential structures without a compound area, if affected by 50% of their total area, would be severely damaged and the PAPs would be displaced. On the other hand, it was generally observed during the social impact surveys that re~idential structures with compound areas and reasonable distance (approximately 6 to 10 metres) from the existing road edge will not be severely affected and the PAPs need to be displaced only if 75% of the total compound area were required for the road upgrading. These assumptions have been used while preparing the schedules of residential and commercial affected properties (Annex 8). 8.3 THE EXTENT OF LAND TAKE Private land will be acquired or Government land will be transferred for specific purposes, such as widening the road, bus stops and lay bys, and improvement of junctions. The major extent of land will be acquired for road widening and realignments. Road side amenities like footpaths, bus stops and auto-rickshaw stands, suggested by the people during the social impact surveys have been

Louis Berger International/Sheladia Associates/CES/ICT 56 Kerala State Transport Project II: Resettlement Action Plan KSTP II

incorporated in the engineering design and the required area for these amenities has been built into the total area required for the road widening. Based on the tables in Annex 8.2-8.6, Schedules of Project Affected Families, it is estimated that on average, 6.51% of the total compound areas of private properties will be affected. In the case of commercial structures, 16% of the total compound areas are likely to be affected and for agricultural plots, approximately 6% of the total areas may be affected. Roughly an affected property may be affected ranging from 1 to 100%. Those, which will only be marginally affected, may be spared during the implementation of the project if it is technically acceptable compromise to the design standards, e.g., by reducing the footpath width a little etc. 8.3.1 PAFs due to Land Take Table 8.2 shows the extent of land take for the Phase II roads from various categories of properties and the number of families affected. The residential-cum­ commercial mixed category has been included in the regular commercial category. The total land take is 82.67 ha. Table 8.2: Number of Affected Families and land Phase D Roads Unks Link Name Residential Commercial Agricultural Govt. Other Total & Mixed

PAF Ha PAF Ha PAF Ha Ha PAF Ha PAF Ha

Adur Bypass 5 0.09 1 0.03 53 3.0 0.07 11 0.42 71

4 979 3.55 1763 1.72 58 0.33 0.26 231 1.46 3031

4.x 8 0.32 12 0.04 2 0.46 0.00 41 4.01 63

295 1.18 159 0.19 86

224 1.16 340 0.42 34 0

122 1.02 190 0.55 7

515 5.80 1083 1.95 122

1315 9.02 869 1.73 413 9.11 1.84 168 1.99 2765 23.70

102 2.47 44 0.44 25 2.12 0 21 0.65 192 5.68

562 3.11 508 0.60 150 5.38 0.03 86 0.62 1306 9.74

Chart 8.2 Number of affected families and land take

Louis Berger International/Sheladia Associates/CES/ICT 57 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

o Residential • Commercial • A9'iculture DGovt o Other prop

** Inner circle represents PAFs and outer circle represents the affected land in hectares From the table it is clear that the commercial and residential areas top the list, with 4127 (38%) and 4975(46%) PAFs affected. But when the affected land area is considered, the Agricultural properties are mostly affected with 28.7 Ha (34%)of land. But the affected persons are only 9% under this category. Along the roadside people find Job opportunities doing petty businesses for their livelihood is a common feature in Kerala. This picture is clear from the project road survey. The project might affect them adversely and proper rehabilitation and resettlement are essential prerequisites to safeguard their interests. The affected families will be compensated according to the R&R policy of the project. A land acquisition action plan has been appended to this chapter as Table 8.7.

Of the 10,928 PAFs, 7,856 or 72% are titleholders. Of the non-titleholders, 2,872 (26%)are tenants, 116 (1.06%) squatters and 45(0.41%) encroachers. The squatters and encroachers have been discussed in detail in Chapter 5. The following table shows the distribution of titleholder (TH) and non-titleholder (NTH) PAFs in relation to the total PAFs. The commercial-cum-residential category has been added with the regular commercial category.

Table 8.3: Distribution of Titleholder and Non-Titleholder PAFs Residential Commercial Agricultural Other Squatter Encroachel Total Link No. TH. NTH TH NTH TH NTH TH NTH NTH NTH 3.x 5 0 1 0 53 0 11 0 0 0 .71 4 855 124 942 821 51 7 215 16 24 6 ···.·gill' 4.x 8 0 1 11 2 0 41 0 0 0 '.'!:ioy63: 5 269 26 99 60 86 0 49 5 10 3 594' 68 218 6 170 170 34 0 34 0 1 1 632 69 117 5 64 126 7 0 8 1 1 0 'f~' .328 74 450 65 530 553 122 0 171 36 8 3 /jy~Jl:92r 84.1-4 1169 146 433 436 413 0 151 17 56 30 ... 2765 84.5-7 505 57 214 294 150 0 81 5 15 2 ~'r 1306 84.1-4x 43 59 18 26 25 0 12 9 1 0 st;t~f192 84.5-7.x 0 0 6 0 13 0 0 0 0 0 ,j}: 19 .'yotat" *39 488 2478 2497 956' 7 m: ":t:;, .89 t"i..1l6 ,"\ · .. ·45.\

Louis Berger International/Sheladia Associates/CES/ICT 58 Kerala State Transport Project IT: Resettlement Action Plan KSTP IT

Note: Squatter and encroachers are engaged in commercial activities. Squatters also occupy residential plots.

Chart 8.3 Titleholder NS Non-titleholder PAPs

5000

4000 3000 .THDNTH 2000

1000

0 R A 0 •E C •S

R- Residential, C-Commercial, A- Agricultural, 0- Other, S- Squatters, E­ encroachers

8.3.2 Project Displaced Families (PDFs) If 50% or more land holding of a PAP is acquired or when the part of the land remaining after acquisition is unviable economically, the owner have the option to seek acquisition of the entire contiguous holding/property, provided the residual land is less than the minimum extend of holding. In Phase II KSTP, 56% of the displaced properties are under residential-commercial categories, and the displacement was mainly due to the impact on the structures Displacement from Agricultural properties are less as structures are minimal in such properties. Table and charts 8.4 to 8.8 gives the details of the property area and structure area possessed by the displaced persons and the displaced property /Structure area /PDfs, under Residential, Commercial, Mixed and Agricultural categories.

Table 8.4: Land in

'C CII III .!Q"' ... fi'CI. is

Commercial

Chart 8.4 Land in possession of the displaced and the displaced portion

Property area in possession & Structure area in possession and displaced

L Kerala State Transport Project U: Resettlement Action Plan - KSTP U

Link wise details of such displacements in various categories of properties are clear from the following tables and graphs.

Louis Berger International/Sheladia Associates/CES/ICT 60 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Table 8.5: Residential Orl)Of~rti"!I:_ structures and families affected and

.!!!1:;1:: >. c.§__ 41'­ III E ~III] Links ·-e!IIIIn~a.lIIlIltl" ~l!!.!! III a. III S ...... e III ~ *' *' *' ac:­ a. a. =s

Chart 8.5 Residential properties, structures and families affected and displaced

Property area Structure area

92%

8% III Residential property area in possession III Structure area in possession Iiill Property area displaced IIlStructure area displaced

PAF's &PDF's

93%

7%

IIAffected PAFs II Displaced PDFs

Louis Berger International/Sheladia Associates/CES/ICT 61 Kerala State Transport Project n: Resettlement Action Plan - KSTP n

Table 8.6: Commercial structures and families affected and

>- g .; .§ ! '0 '0 1: c .- 1 VI CII VI tasB CII VI ::::I as 1.1 CII 1.1"­ Links CII';;; e &.!S .. XI ti CIIS ti"­ So a. as :II ::::I .. a. go f :II o as .. as VI ~~ j-a.. .. as 0 * 2 0 .. * CC t III :0 a.. a. :6 ~ a. 0

Chart 8.6 Commercial properties, structures and families affected and displaced

Property area Structure area

81%

IICommercial property area in possession II Structure area in possession

PAF's & PDF's

89%

IIAffected PAFs I!Displaced PDFs

Louis Berger InternationallSheladia Associates/CES/ICT 62 Kerala State Transport Project II: Resettlement Action Plan KSTP II

Table 8.7: Mixed nrl..n••rtip",_ structures and families affected and

1/1 1/1 ~ ~ 0 ! 'i ~ A. :::I I\J \J .... GI..!!! ., \J .. A. GI '* ;: I\J 1/1 '* ti '* ;:; GI ~ It c(

Chart 8.7 Mixed properties. structures and families affected and displaced

Property area Structure area

IIMired(R+C) property area in possession ..Mixed structure area in possession fll Property area displaced EI Structure area displaced

PAF's & PDF's

95%

5%

IIAffected PAFs II Displaced PDFs

louis Berger InternationallSheladia Associates/CES/lCT 63 Kerala State Transport Project U: Resettlement Action Plan - KSTP n

Table 8.8: 4nri,...lt'llr::l1 nrnl~"I"i".

III u.. C 1:1. ." Q/ Links u (OJ ii. III C

Chart 8.8 Agricultural properties, structures and families affected and displaced

Property area Structure area

III Agri property area in possession III Agri structure area in possession (I Property area displaced El Structure area displaced

PAFs& PDf's

91%

III Affected PAFs Ell Displaced PDFs

louis Berger International/Sheladia Associates/CES/ICT 64 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

The following table summarises the number of displaced families and the area thus affected. The PDFs of commercial and mixed families have been considered together.

Table 8.9: Number of Families and Area of Ioa'lftnu"c: Phase n Links Residential Commercial

Chart 8.9 Numbers of Displaced Families and Area of Displaced Families, Phase n

R- Residential, C-Commercial, A- Agricultural Inner circle-Project Displaced families (PDFs) Outer circle- Area displaced (Ha)

louis Berger lnternational/Sheladia Associates/CES/lCT 65 Kerala State Transport Project n: Resettlement Action Plan - KSTP n

Table 8.9 shows that of the total 10,928 PAFs, 849 are PDFs, divided into residential PDFs (23%), commercial (including res-comm.( mixed) (75%) and agricultural PDFs (2%). The commercial PDFs top the list both in terms of number and land take. Of the 553 commercial PDFs, 340 are owners of commercial units and 213 are their employees. There are 30 displaced squatter families constitute 15 of the residential units and 15 of the commercial units.

The following table (Table 8.10) shows the titleholder and non-titleholder distribution of the PDFs. For all agricultural properties due titleholders are there. A good number of non-titleholders in commercial properties are tenants. Apart from the squatters, the other non-titleholders include tenants and encroachers. The NGOs will identify the titleholders of the properties occupied by the tenants, whom it was not always possible to identify during the surveys. The categories of commercial and residential-cum-commercial mixed families have been considered together.

Table 8.10: PDFs - Titleholder and Non-Titleholder Unk Residential Commercial Grand Total

Of the project displaced PAPs,the titleholders comprise% where as the Non titleholders comprises 48%. 8.3.3 Government Land Government land includes roadside revenue and/or PWD land, Government buildings, and forestland. As indicated, the government property includes 4.36 Ha of land area, which includes approximately 1.9 ha of forest land and land and structures that were identified during the surveys that were fully or partially affected. The government land area will be transferred to the PWD for the KSTP. Preliminary joint verification by the PWD and the Forest Department determined that a few realignment sections of Link 84.1-4 passed near a forest area. 8.3.4 Borrow Areas Land required for borrow areas will not be acquired. Contractors will take the required lease from owners and will return it after suitable restoration. Therefore, land required for this purpose is not included in this estimate. The Environmental Management Plan of the individual links deals with this issue in detail.

Louis Berger International/Sheladia Associates/CES/ICT 66 Kerala State Transport Project TI: Resettlement Action Plan - KSTP TI

8.4 AREA OF LAND RECOVERED FROM SQUATTERS AND ENCROACHERS The total area of land occupied by the squatter and encroacher families is 5,318.80 sqm. (0.53 hal. The following two tables present in detail the squatter and encroachers land that the project will recover for the upgrading of the roads. This amount of land has been deducted from the total land requirement for calculating the cost of land. Table 8.11: Affected Area

Table 8.12: Affected Encroacher Area Link No. Residential Commercial Mixed Agriculture Total m2 Total Ha Link 4 28.00 9.00 12.00 0.00 49.00 0.00 Link 5 0.00 39.00 0.00 4.00 39.00 0.00 Link 68 0.00 8.00 0.00 0.00 0.00 0.00 Link 69 0.00 0.00 0.00 0.00 0.00 0.00 Link 74 797.00 95.00 0.00 0.00 892.00 0.09 Link 84.1-4 567.00 74.00 79.00 979.00 1699.00 0.17 Link 84.5-7 0.00 27.50 0.00 0.00 27.50 0.00 Link 3x 0.00 0.00 0.00 0.00 0.00 0.00 Link 4x 0.00 0.00 0.00 0.00 0.00 0.00 Link 84.1-4x 0.00 0.00 0.00 0.00 0.00 0.00 Link 84.5-7x 0.00 0.00 0.00 0.00 0.00 0.00

Total. A\tl~92.00;; {.;~";.2s:2.00 .' 91.00 983.00: :;.", :.2706.50. 1:;+> ',0.27 8.5 LOSS OF "OTHER" AFFECTED PRIVATE ASSETS Many PAPs will also be losing other assets along the frontage of their properties, with the land acquisition for the project. These include trees, wells, water tanks on the rooftop, etc. Trees are mostly coconut trees. The following table lists these assets link-wise. Ta bl e 8 .13 : 0 t h er P ropertles . Affecte d Link No. Trees Wells Water Tanks "Other" ** 4 543 29 1 54 5 148 3 0 104 68 457 5 0 59 69 39 4 0 26 74 186 10 0 18 84.1-4 315 81 1 68 3x 4 1 0 0 4x 5 1 1 3

Louis Berger InternationallSheladia Associates/CES/ICT 67 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Link No. Trees Wells Water Tanks "Other'" ....

•• The category "Other" includes car sheds, cowsheds, shops adjacent to the main building, etc.

.Coconut tree, other fruit trees wells, water tanks, cowsheds, car etc in the land proposed for acquiring will also be compensated in the project. These have been accounted for compensation and budgeted, except those marked under "Other" in the table, which have been accounted for as part of the structures for compensation. 8.6 LOSS OF COMMON PROPERTY RESOURCES Ribbon development along the roads is a part of the habitation pattern in Kerala; hence, the loss of most common, common property resources (CPR) are the Joadside public wells, hand pumps, water taps, large trees, and bus stops/shelters owned by the municipalities and the panchayats and public institutions like schools and hospitals, which will be replaced by the project authorities or civic authorities. Several cultural properties are also affected. The individual road link related Environmental Management Plan (EMP) reports deal at length with the roadside tree rehabilitation as well as the replacement of these CPRs. The replacement costs have been included in the general project BOQ. Every attempt has been made to save the roadside hospital, school and other educational institution buildings. As far as possible the land acquisition is limited to acquire the boundary wall or a strip of frontage land. Along the roadside locates numerous cultural and religious structures and properties, which perhaps is a special feature of Kerala culture. Various religious structures belonging to Hindu, Christian and Islamic faiths are there. Most of them are owned by various cultural/religious trusts but is open to the public. Despite attempts made to save the roadside religious properties, 110 of these will be affected in the form of losing their compound walls and/or part of the compound{ Table-17.1}. The acquisition of these properties and their compensation have been treated as that for any other private property, but the mitigating aspects of their loss have been dealt with in detail in individual link specific EMP report. The mitigating costs for their benefits enhancement has been included in the environmental budget, contained in the link-specific EMPs. 8.7 THE LAND ACQUISmON PROCESS The land acquisition process is the first high profile activity for the implementation of a project like this, and often the most difficult one. For most of the people the Government's land acquisition process is a painful experience when they have emotional attachment to their properties. The place of living will also be closely associated with the occupation sight or vice versa The social impact studies of the project do consider these points and recommend enough compensations. The Land Acquisition Act [1894/1984] (LA Act) facilitates the acquisition of the privately owned lands by the Government in India. The objective of the LA Act is to empower the Government to acquire lands only for public purpose or for a

louis Berger International/Sheladia Associates/CES/lCT 68 Kerala State Transport Project IT: Resettlement Action Plan - KSTP IT

company. If lands are needed for a public purpose they cannot be acquired by an executive action without following the provisions of the LA Act The provisions of the Act will apply only to the private lands. There are separate rules for alienation or transfer of Government land in favour of any other Government department for public purposes. The land acquisition process has been presented in a flow chart as follows. The respective responsibilities, indicative numerical months and actual months for performing a given task, and the relevant sections of the Land Acquisition Act have been indicated. The time frame for land acquisition shown in the land acquisition process flow chart and in Table 8.9 integrates the environmental clearance requirements in respect of Link 68 and Link 69 for the CRZ (coastal. regulation zone) and STEC (State Committee on Science, Technology and Environment) and MoEF (Ministry of Environment and Forest) clearance for Link 84.1-4. The environmental procedures will take four months to complete and integrated with the land acquisition process as shown in the land acquisition process flow chart. This matter has been dealt with in the KSTP's Environmental Impact Assessment (EIA) report for the Phase nroads.

louis Berger International/Sheladia Associates/CES/lCT 69 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

THE LAND ACQUISITION PROCESS

------.------­ COMMENTS RESETTLEMENT ACTION PLAN PREPARED

~~ ~ ~ .. CONSULTANTS By PWD and submission to the Prel>aration of land _p'lan schedules Land Acquisition Officer (LAO). ~ CONSULTANTS & PWD Under Section 4(1) in the Publication by LAO of Notification ~azette and in two daily newspapers. Allows filing of ~ REVENUE DEPARTMENT pbjections within 30 days of notice under Section SA by the ~takeholders. Preliminary survey to verify exact portion of land ~o be acquired ~ PWD & REVENUE Under Section 6 in the Gazette ------Declaration of precise boundaries of the area to be land two dailies, one in the local ~.c:q~J~_~~____ .______.... _. _.. ______._._ language. REVENUE DEPARTMENT

Issue of directions to the Collector

REVENUE DEPARTMENT

Under section 8 (not needed if Final land ac:quisition plan co~pJete already finalised under section 4(1) ~ PWD Under Section 9 showing details ssue of notices to land owners of acquisition. Titleholders submit claims for ~ REVENUE DEPARTMENT compensation. Under Section 11 after enquiries Declaration of award of compensation by the District o objections. Compensation ~~.I~~c:~~~______...... ____ ....._...... ~ithin two years or else it lapses. _...... ~ ..... f1.~~.f:L..~~~~~~~.~~~.~~·f~.~~.~ ...... ------Under Section 16 ~~.~~.~~~~':I.~!. ~a~~ .~~~.~ .~~~~. F!~Y~.~~~ .~_~ ~~~~~. ___ .... -+ REVENUE DEPARTMENT ------.------­ _.~.~~~~~.c:~~~':I!.lJ.P.9~~~_~~~~~__~~_~~~~~____ ..._......

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PUBUC WORKS DEPARTMENT

Louis Berger International/Sheladia Associates/CES/ICT 71 Kerala State Transport Project ll: Resettlement Action Plan KSTP II

8.7.1 Case Studies on Land Acquisition by the Kerala PWD In recent years the Kerala PWD has acquired private land for the improvement of the national highways. Two major problems for land acquisition have been experienced in this regard. First, litigation by the affected persons and secondly, delays incurred in the completion of formalities at various stages. As the works on the national highways assume a great importance in the national road network and the funds from the Government of India have to be utilised during the allotted financial years, the land acquisition process has to be completed most expeditiously. In order to minimise the delay in getting the land under possession, the urgency clause of the LA Act is routinely invoked. In such a case, a composite notification in the prescribed form is published, as required by the sub-section 4(1) and 17(4} of the LA Act.

The following two examples demonstrate the processes and delays in land acquisition by the PWD: (I) In LAC No. 1/2000, in respect of widening of MC Road at Kesavadasapuram - PMG, area 0.0036 ares: Date of requisition 10 November 1997 Date of 4(1} notification 12 January 1999 Date of declaration 6 January 2000 Date of taking possession 3 February 2000 Date of award 1 May 2001

(2) In LAC No. 97/98, construction of a bridge over the , area 9.09 ares: Date of requisition 14 January 1998 Date of 4(1) notification 29 July 1998 Date of declaration 15 October 1998 Date of taking possession 30 December 1998 Date of award 28 May 1999

In some earlier cases, such as the ADB assisted Bypass (from Edapally to , NH-47, length 46 km), although the District Collector awarded compensation, estimated at Rs. 48 million in 1988-89, the litigations continued and finally the courts awarded an estimated Rs. 360 million in 1999 as final settlement. Similarly, in the case of Kollam Bypass (NH-47), the original estimated compensation in 1986 was Rs. 13.9 million, but due to litigation the courts awarded Rs. 21.1 million as final settlement in 1992.9 In all these cases the urgency clause for land acquisition was invoked.

The KSTP will follow the normal procedure of land acquisition under the LA Act. Currently the PMT is processing the formalities for the acquisition of land for the implementation of the Phase I roads upgrading works. An action plan for land acquisition for the Phase II roads is presented in Table 8.9. An lAS officer from the State Revenue Department has been deputed to the PMT as Director of Land

9 Information obtained from National Highway Wing of the Kerala PWD. louis Berger InternationaVSheladia Associates/CES/ICT 72 Kerala State Transport Project n: Resettlement Action Plan KSTP n

Acquisition, with the powers of a District Collector, to expedite the land acquisition process.

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Table 8.14: Action Plan for Land Acquisition in the KSTP Phase D Roads c Tar et Dates for Acquisition under LA Act 1894 o .. .. c .­ GI ...... c c:i .!!! E ... 0 Z :::IGI'ii' '0 :0; ..;::; ..:.: B".!::: J: GI C 13 c <:::I ..... :::I 0 .­ ~ "tJ IT ",..,:: C GI .!!I ~ "0 ja: "'Z

Link 3x 2.14 3.62 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 4 47.00 7.32 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 4x 2.28 4.84 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 5 40.90 4.09 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 68 21.00 3.33 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 69 24.00 2.9 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 74 53.78 15.89 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 84.1-4 82.12 23.70 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 84.1x 2.67 5.68 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 84.5-7 50.10 9.74 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004 Link 84.5-7x 1.06 1.56 15-12-2003 15-01-04 31-5-2004 30-9-2004 31-10-2004

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9 RESETrLEMENT SITES

9.1 INTRODUCTION The PAPs were specifically consulted regarding their preference for relocation during the surveys, should the need arise. Displacement anticipated under the project is linear throughout the project length rather than concentrated at one location. Therefore, a major displacement of the scale of a dam project is not required. The number of the PDFs along the Phase II roads is estimated to be 849 (7.76%) of the total estimated PAFs. However, with the highest population density in the country and extensive ribbon development along the project roadside, the number of displaced families, especially those depending on the commercial enterprises for livelihoods, is quite substantial (N =559). The baseline sample survey indicated that if resettlement were necessary, approximately 75% of the affected persons would prefer to receive cash than land compensation. The reason is clear for, although small in size, 37% of the affected structures along the Phase II roads are commercial establishments, which have an established client base. They do not wish to shift into a new location, but rather would squeeze their existing operational base. The majority of PDFs indicated their option for relocation in the vicinity of their existing location. Although the project's R&R Policy document has proposed to provide plots for houses/shops at the new resettlement sites, the availability of land in the vicinity will be a rather difficult proposition in the context of Kerala. There are many vacant lands available here and there as seen in the strip mapping exercise and attempts would be made to acquire these plots to relocate the willing displaced families. NGOs working to implement the RAP can try to locate alternative sites for rehabilitating the replaced in mutual consultation. 9.2 LOST AREA OF DISPLACED FAMIUES As discussed earlier in Chapter 8, displaced families have the choice to surrender total land for Land Acquisition on the ground that after the acquisition for the project purpose, the residual land becomes unviable. As detailed in the Table No 8.4, the total land in possession of the displaced is 79.1 Ha and as detailed in Table 9.1 below, the land displaced by the project is 4.98 Ha. The real acquisition due to displacement therefore falls between these two figurers, which can be finalised only during the LA process.

Ta bl e 91. : Tota area In )osseSSlon 0 f t h e d·Isplace I d Link No. Residential Commercial Mixed Agricultural Total m 2 Total Ha Link 4 7389 5669 1472 3193 17723 0.17 Link 5 744 5269 162 15778 21953 0.21 Link 68 5602 3812 350 1441 11205 0.11 Link 69 6899 3844 0 2237 12980 0.13 Link 74 32316 25641 0 1830 59787 0.60 Link 84.1.4 9992 30592 14596 360 55540 0.56 Link 84.5.7 18439 4077 201 320 23037 0.23 Link 4x 320 712 2025 2600 5657 0.06 Link 3x 685 484 0 2741 3910 0.04 Link 84.1x 286752 450 0 600 287802 2.87 'i'~lit ""{" C i(,a"U$ ii' '. :;,' ::;.$S~·i .. '1~" 311QO f<;;: ••.$~ I~\"'::i' 4.98;.'

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Of the area lost by the displaced families, that by the squatters constitute a total of 1239.0 Sqm as detailed in Table No. 9.2 below. The titleholders own the remaining area. Table 9.2: Dis Link No. Residential Commercial Mixed A riculture Total m2 Total Ha Link 3.x 0.00 0.00 0.00 0.00 0.00 0.00 Link 4 0.00 39.00 0.00 0.00 39.00 0.00 Link4.x 0.00 0.00 0.00 0.00 0.00 0.00 Link 5 26.00 0.00 0.00 0.00 26.00 0.00 Link 68 0.00 8.00 0.00 0.00 8.00 0.00 Link 69 0.00 0.00 0.00 0.00 0.00 0.00 Link 74 0.00 6.00 0.00 0.00 6.00 0 Link 84.1-4 524.00 169.00 136.00 0.00 829.00 0.08 Link 84.1-4.x 0.00 0.00 0.00 0.00 0.00 0.00 Link 84.5-7 143.00 0.00 0.00 331.00 0.03 Link 84.5-7.x 0.00 0.00 0.00 . 69~.DO' 39.00 0.12

The eligible families for resettlement are listed in Annex 9.1 (Residential) and Annex 9.2 (Commercial). The list of eligible families for agricultural plots is not separately prepared. The list of eligible agricultural families and the lost area are referred to the Agricultural Project Displaced Families, appended in Annex 8.11, who are all landowners. The R&R Principles and Policy Framework proposes moving people as a group and establishing a resettlement site or a shopping complex, if 25 or more displaced families or shop owners in a cluster are willing for it. Option for residential/commercial plot at resettlement site if so opted by 25 or more number of PDPs on payment basis except for vulnerable group who will receive it free of cost. The size of the plots will be equal to the area lost or maximum up to 50 sq mt for shop. There is special provision of additional infrastructure, such as health care facilities, school, post and telecommunication services, approach roads, street lighting, bus stops, etc. It is noted here that as a socially developed State, Kerala has all these infrastructure facilities in place all over the State. The experience of National Thermal Power Corporation (NT PC) with· regard to the R&R activities at Thermal Power Station testifies to this. The consultation process to be initiated by the project in phase II, during its implementation should ensure that people are in fact willing to move as a group. An important principle is that people should not be relocated far from their current location, so that they continue to maintain existing economic and social networks. Budget provision has been made to develop resettlement sites, and NGOs in consultation with the PDF has to finalise the sight and ensure willingness of all concerned to move there. The R&R Policy Framework also provides for an option of self-relocation, an assessment needs to be made whether a resettlement site is in fact necessary even when there are clusters of families to be relocated. This is important because, as the strip maps show, only small vacant plots are available, scattered here and there over a given road link. Only individual families or commercial establishments could be accommodated there. To locate 25 families, residential or commercial, sufficient land must be available in the vicinity. This will be a difficult task in many places. But NGOs in consultation with the PDFs can workout this. The respective Local Self Government authorities (Grama/ Block /District panchayats, Municipalities and Corporations) need to be consulted to identify the locations and in some cases these bodies can provide available vacant land.

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All Vulnerable displaced families (109 Nos) including BPL, Woman headed, Sci ST, as discussed in Chapter 5, will be provided with land. Women headed families will be considered for such assistance only if they are BPL Vide the provision in the R&R policy the project has decided to purchase 40 Sq mt land worth an amount of Rs 194001-(which ever is . less). This is included in the R&R budget. The eligible tenants for shifting and rental assistance have been accounted for in the budget, according to their profile as contained in Annex 8.2-8.4, Schedule of Project Affected Families.

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10 INCOME RESTORATION

10.1 INTRODUCTION All project affected adult individuals within the corridor of impact, whose livelihood are lost or diminished due to the project are supported in re-establishing and improving their previous livelihood. To achieve this objective, income restoration (IR) programmes will be supported as part of the Rehabilitation action plan. NGO will facilitate to prepare the R&R micro-plans for Income restoration schemes in consultation with affected persons. 10.2 UVEUHOOD OF THE AFFECTED FAMIUES The following categories of project affected persons will be the losing their economic base due to the project. • PAPs involved in agricultural activities • PAPs involved in commercial activities • PAPs as employees of commercial establishments. Commercial activity and employment in commercial enterprises are the main occupations in the COl of the project roads. The livelihood of those affected within the COl includes owners/ employers or employees, agricultural labourers/owners, etc. Some are partially affected and some are partially or fully displaced due to the project. Based on the information contained in the tables in Annex 8.8-8.11, Schedule of Project Displaced Families, the following table summarises the categories of families who will lose their livelihoods due to the project and are eligible to receive transition allowance as per the project's R&R Policy.

Ta ble 10. 1 : Famlle5 T L05'"9 . L'Ivel rh 00d5 Commercial Units Squatters owning Agricultur Link No, Owne Employe Commercial Total e ~esidential Units r e Units Link 3.x 2 0 0 0 0 2 Link 4 0 58 62 2 0 122 Link 4.x 1 3 9 0 0 13 Link 5 0 8 13 0 1 22 Link 68 3 39 31 1 0 74 Link 69 0 13 21 0 0 34 Link 74 '::t 51 1 0 100 Link 84.1­ 4 67 U= 7 9 128 Link 84.1­ 2 3 9 0 0 14 Link 84.5­ 1 40 30 4 5 80 Link 84.5­ 1 1 0 0 0 2 .•• :Ci~M 1A;;/// c.';;' <.~ ['.::rotaf;J;~A 1'1" '~3 ...... ·•...~·2.&1·. While the owners of the commercial units will receive transitional assistance for six months as transitional allowance, the employees will receive assistance equal to three month's lost of income. The agricultural families, the squatter and vulnerable encroacher families will receive transitional allowance for six months. For calculating the amount their average monthly income will be considered by the NGO to ensure that they are sufficiently compensated to pass through the transition period. In addition to this support, the wage employees, agricultural families and the squatters are entitled for skill upgrading training, if they desirers so.

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Those belonging to the vulnerable category, whose livelihood is adversely affected due to the project, will be assisted to re-establish and improve their previous livelihood, providing Economic Rehabilitation Grant (ERG). This currently decided to be Rs. 24,000/-. This will help to enable them to stabilise or improve their earning capacity. 10.3 ACl1VIl1ES PROPOSED BY THE PAPS The social impact surveys did not reveal any specific request or suggestion from the PAPs for income restoration activities. However, when asked what kind of assistance they would like to receive from the project authorities, people generally asked for assistance in the form of housing loans, bank loans, assistance under available government schemes, marketing facility, and cash assistance. When the implementation of RAP starts, more concrete responses can be expected. As the majority of the project-affected people are educated there is a greater sense of self-reliance in their livelihood restructuring. However economically and socially vulnerable persons need to be supported sufficiently by providing economic rehabilitation grants /training for upgrading of skills/counselling etc .The micro­ plans to be prepared by the NGOs will discuss in detail the appropriate measurers for income rest0ration of the concerned, arrived through the interaction with the affected person. The NGOs will also ensure that viable proposals are selected for such supports. 10.4 FAMIUES EUGIBLE FOR VARIOUS ASSISTANCE In addition to entitlements for the loss of land, structures and other assets to the project affected families as per the entitlement matrix of the KSTP R&R Policy, the RAP proposes to assist in income restoration and provide economic rehabilitation assistance to displaced residential families, wage employees, squatters, vulnerable encroachers, all other vulnerable families, agricultural families, and commercial families. The following income restoration measures and categories of eligible families are adopted by the KSTP R&R Policy: A. Economic rehabilitation grant (#3147) All vulnerable families including Title holders and Non titleholders Displaced wage employees Displaced squatters B. Transitional allowance (total 468 families) Titleholder PDF, residential structures (#137) Titleholder PDF commercial structures (including res.-comm. mixed structures (#283) Titleholder displaced agricultural families (#17) Displaced squatters (#30) Displaced vulnerable encroachers{ # 0) C. Assistance for loss of wages Displaced wage employees (#261) D. Training for skill upgrading (total 208 families) Displaced agricultural families (#17) Displaced wage employees (#261) Displaced squatters (#30)

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E. Shifting allowance (total 832 families) Titleholder PDF, commercial structures including res-comm mixed structures (#283) Titleholder PDF, residential structures (#137) Non titleholder PDF residential tenants (#121) Non titleholder PDF commercial tenants (#261) Displaced residential and commercial squatters (#30)

F. Rental allowance (total 673 families) Titleholder PDF, commercial structures including res-comm mixed structures (#283) Titleholder PDF, residential structures (#137) Non titleholder PDF residential tenants (#121) Non titleholder PDF commercial tenants (#261) Displaced residential and commercial squatters (#30) The following table shows the number of eligible families, link-wise, for income restoration measures. While Link 3.x of Phase I has been separately shown, the Thiruvalla (4.x) and Pala (84.5-7.x) and Thodupuzha (84.1-4.x) bypasses of Phase-II, have been integrated with their respective main links.

Table 10. 2 : Famlles T Er19 ·bl1 e for Income Restoratlon M easures Links 3.x 4 5 68 69 74 84.1-4 84.5-7 Total Income Restoration Measures Eco. Rehab. Grant to Vuln. 35 553 166 321 114 183 1261 514 3147 Fam. Transitional allowance 3 81 15 47 16 71 150 85 468 Assistance for loss of 0 71 13 31 21 45 50 30 261 wages Training for skill 2 64 3 15 21 29 67 7 208 upgradinq Shifting allowance 1 165 31 77 43 125 249 141 832 Rental allowance 1 165 31 77 43 125 249 141 832 Total ':':,,' 42 101~4 ,:,259 /,568' 258 5'1&,i al4~~~vi' 2$">\918' ;'Z57!18 The figures in this table have been grouped package-wise and budgeted accordingly, as presented in Chapter 13, Table 13.2 10.5 AVAILABLE GOVERNMENT SCHEMES A number of GOl\GOK schemes are available for assisting the economically and socially vulnerable groups. Some to mention are Intensive Habitat Development Programme, Rehabilitation of Landless and Houseless Scheduled Castes, Self­ Employment Programme for Women, Kudumbashree some Centrally sponsored schemes, such as Integrated Rural Development Programme (IRDP), Development of Women and Children in Rural Areas (DWCRA), Training of Rural Youth for Self­ Employment (TRYSEM), Prime Minister's Rozgar Yojana (PMRy), Jawahar Rozgar Yojana (JRY), Employment Assurance Scheme (EAS), etc. The National Bank for Agriculture and Rural Development (NABARD) supports micro-finance schemes for the economic development of women groups. All such convergence possibilities can be explored.

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10.6 PREPARATION OF MICRO-PLANS Micro plans will be prepared to support the affected families, based on the R&R policy. The eligibility of a person for support as per the R&R policy will be detailed in the micro plan on the basis of which Resettlement and Rehabilitation measurers are suggested. NGOs in charge of RAP implementation will prepare these micro plans in consultation with the affected parties. The details of the micro plan need to be submitted in the format.( refer Annex 6.2) along with detailed notes and supporting documents wherever necessary T.he:l.itlehola~~~o·gimefal are etigi61eforcompensation fortheir property, structure ap9~~~r immQya~te asse~;.;Replace~t valu~ in,~p· ion~?tfl~cornpensation ~or ."'...... ~~asfixf;d bytheDistrietPu.r(~lei\ttee'WiI1 be given as 9:pe The Non titleholders such as tenants, employees, squatters, encroachers are eligible for special assistance as per the R&R policy. Vulnerable categories are protected through economic rehabilitation measurers. Ascertaining the eligibility for each affected person, The NGO will prepare a detailed micro plan. The process begins by Identification of the affected person and assessing his loss due to project; Analysing the problem and prioritising the needs; Selection of alternate choices for solutions; Preparation of most appropriate and cost effective solution; Skills training and capacity building;( if required) Preparation of specific project design; Identifying and mobilising additional resources Networking with financial and other institutions; Implementing the project; Monitoring and evaluation. 10.6.1 Income Generation Plan Outline Introduction: the need and significance of the project Objectives Time bound activity schedule - a systematic analysis OrganiSing and coordinating the activities Financial analysis budget details and expected returns, repayment schedule (if loan is availed of) Expected achievement Monitoring 10.7 INCOME RESTORATION ACTION PLAN It is clear from the profile of the displaced wage employee and squatters that they are financially marginalized. The agricultural families being displaced too are small landholders. While the wage earners, mostly shop employees, and the squatters could be rehabilitated in their original livelihood, the agricultural families would need special attention for training in alternative livelihoods, if alternate agricultural land were not available for them. The NGOs engaged in the implementation of the RAP will, in consultation with these people, finalise appropriate livelihood skills

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training. Table 10.3 provides an outline income restoration action plan Table 10.3: Income Restoration Action Plan for the KSTP U Roads)

11 ORGANISATIONAL STRUCTURE

11.1 INTRODUcnON The PMT (Project Management Team) of the PWD will implement the R&R component of the Kerala State Transport Project. The responsibilities include planning, implementation and monitoring of land acquisition and R&R related programmes. Since land on the existing corridor belongs to the State, the Government, on behalf of the PWD will acquire land. The State district administration wilt acquire private land on behalf of the PWD. This exercise is already underway for the implementation of the Phase I roads and that for the Phase nroads will be integrated with it.

11.2 STAFFING REQUIREMENT Considering that a large number of people, 10,889, to be affected and 844 families to be displaced by the project, the PWD has set up a regular unit within the PMT to deal with the R&R and environmental activities. The following table outlines the staffing set up for this purpose. All the staff members are in place, both at the PMT and the field office levels. The NGO for the Phase n roads are already in place and the Phase nContractors will be appointed as soon as a continuous stretch of 10 K.m land stretch of by 30 September 2003.

Table 111" .Staff"Ing Requlrement Level Job Title and/or Description Number

! Executive Engineer (R&R coordinator) 1 Assistant Executive Engineer (R&R) 1 Director of Land Acquisition 1 PMT ~~nector (LA) 1

LA Coordinator 1 i Consultant Sociologist 1 • Executive Engineer (as Resettlement Officer) 1 for each Division Assistant Executive Engineers (Env. +Soc.) 1 for each Div. PWD Division Assistant Engineers (Env.+Soc.+LA) 1 for each Link (Field Office) Total Station Team comprising: 1 - Survey Officials 7 - Village Assistant 1 each village

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- Revenue Inspector 1 Road Link Level Team Leader 1 per contract package (NGO Overseer 1 per contract package engagement) Field Assistant 4 per contract package* Project Consultant Sociologists in CSC 1 coordinating and Supervising Consultants Social Development Expert in PCC 1 • (PCC & CSC)

* 4 or more, dependent on workload. 11.2.1 Central Level Arrangement The Project Director at the PMT is responsible for overall performance of the R&R Cell and the R&R coordinator will be responsible for overall project coordination and management. The R&R Cell will have a small team of support staff dedicated to the social aspects component of the PMT. As indicated above, presently all required personnel in the Social Cell of the PMT are in place.The Social cell of the PMT is responsible for the establishment and maintenance of a centralised RAP management system. In the development of this system, particular attention will be paid to:

Procedures for undertaking and completing census and asset verification exercises; Updating of RAP data bases for each road link as well for the project as a whole; Integration of land acquisition, compensation and construction activities; Establishment of procedures for internal monitoring and review of road link level progress reports; and Procedures for the prompt implementation of corrective actions and the resolution of grievances. 11.2.2 District Level Arrangement In the project-affected district, the Executive Engineer of the Division will function as the Resettlement Officer of the District Level Resettlement Committee (DLRC). It is recommended, if necessary, to bring in capable officials from other Government Departments as well and obtain their services through deputation to undertake this work. These officers, especially the Executive Engineer as Resettlement Officer, will work closely with the NGOs engaged at the road link level.

The R&R Policy Framework has recommended the assistance of the District Revenue Officer and any other representative from the district administration and representatives of the PAPs/PDPs in the DLRC. The DLRC is responsible for assessing the replacement value of the project affected properties and for monitoring and evaluation at the road link level. The formation of the DLRC was effected by a Kerala Government Order, G.O. (MS) No. 4l/2002/PWD, dated 23 July 2002. It has the following members:

District Collector or his nominee; Deputy Director of District Agriculture Office; District Superintendent of Survey; Representative of non-government organisations;

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Representatives of project affected persons. The District Level Resettlement Officer, i.e., Executive Engineer of the PWD KSTP Division, will nominate the representatives.

Another Kerala Government Order, G.O. (Rt) No. 976/2002/PWD, dated 23 October 2002 has effected the constitution of a district level Citizen's Advisory Committee (CAC) to ensure participation of people's representatives and key Government officials in guiding and monitoring the contracted NGOs in the implementation of the RAP. The CAC has the following members:

District Collector Chairman Executive Engineer, KSTP Convenor MPs of the district Members All MLAs of the district District Panchayat President Executive Engineer, Irrigation Executive Engineer, District Panchayat Division } Three prominent citizens nominated by the DC

11.2.3 District level Resettlement and Grievance Redressal Committee District level Resettlement and Grievance Redressal committees were constituted vide G.O.(MS) No. 41/2002/PWD dt. 237/2002 for setting the issues pertaining to Land Acquisition, rehabilitation and resettlement of the KSTP.

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The District level Resettlement Committee consists of the following members. 1. District Collector or his nominee 2. Asst. Agricultural officer 3. District Superintendent of Survey 4. Representative of the NGO 5. Representative of the PAP nominated by the Dist RRO

District level Grievance Redressal Committee will have the following members

1. District Collector (or his nominated representative) 2. Representative of the NGO 3. Panchayath President ( or nominated representative) 4. The District level Resettlement Officer, ie the Executive Engineer, KSTP will be the convener of the committee. 5. Local MLA/MP/District panchayath President are invited to attend whenever necessary. 6. The GRC will receive complaints/ petitions related to the project, obtain factual reports on the matter, hear the aggrieved persons and effect Redressal of the grievances related to the perceived threats, inadequate compensation etc.

Project Level Arrangement - Divisional level arrangements are necessary for the coordination of the RAP activities, while the project level or road link level arrangements are most important for effective RAP implementation. The work of identifying and developing the resettlement sites for individuals or groups and other R&R related development activities would be undertaken by the NGOs engaged for the purpose. There will be an NGO contractor for each contract package. The NGOs will work in coordination with the Divisional Executive Engineer.

The NGO contractor will appoint a team leader, supported by one Overseer and at least four Field Assistants, for each NGO contract package, comprising one or more contiguous road links. This number, however, will vary according to the length of a given contract package. Each of these contract package R&R teams will be advised by the DLRC discussed above. The overall functions of the project level R&R team are: • To establish and maintain consultation mechanisms with the supervising Resettlement Officer; • To integrate land acquisition, compensation and construction activities; • To establish proper PAP data bases for the road links under its control; • To establish and maintain effective consultation mechanisms with the affected families and communities; • To regularly liaise with the DLRC regarding the list of entitled persons, eviction notices, compensation payments and grievance redress; • To regularly liaise with the District Revenue Officer to ensure prompt transfer of affected land titles to the Revenue Department; and • To ensure implementation of resettlement and rehabilitation and support measures as detailed in the entitlement policy.

Louis Berger InternationallSheladia Associates/CES/ICT 85 Kerala State Transport Project U; Resettlement Action Plan - KSTP U

The proposed institutional organization within the KSTP for the implementation of the RAP is presented in the following Exhibit:

Exhibit 11.1: Schematic Organisational Structure

Chief Executive, PMT I ~ssisted bv the Suodt Enoj.Qeerl I ~t ..it R&R Coordinator Director of Land I Cn,,_CI'V" rail PUT I I ACQuisition I

District Level Resettlement District Level Committee Resettlement Officer District Collector or his lI::u__....:••,.. c ...... :...... ) <: :> nominee Dy. Agricultural Director District Supdt of Survey n NGO Representative Contract Package Level nit n Innn 0 ...... :..... Project Manager 1~1r:(") fnntr":)rtl"\f"\ .. D Citizen's Advisory Committee U District Collector Executive Engineer, KSTP MPs and MlAs of the District Overseer Field Assistants District Panchayat President k=>1 I EE, District Panchayat Division _. - _..

11.3 ROLES & RESPONSIBILITIES OF THE STAFF OF R&R CELL DOWN THE LINE

TabIe 11.2: Ro es and Responsl Iities Level Implementation Staff Roles and Responsibilities Project Project Director/ Chief • Oversees the progress of land acquisition and R & R Management Executive activities. Team • Participates in the district level committees to facilitate land acquisition. • Contracts NGOs for the implementation of the RAP. • Coordinates with other Government line Departments and NGOs for ensuring effective delivery of mitigation and rehabilitation support • Approves of the R&R assistanc~[>ackage.

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Level Implementation Staff Roles and Responsibilities Superintending Engineer • Oversees the progress of land acquisition and R & R activities. • Participates in the district level committees to facilitate land acquisition. • Contracts NGOs for the implementation of the RAP. • Coordinates with other Government line Departments and . NGOs for ensuring effective delivery of mitigation and rehabilitation support. • Sends requisitions for land acquisition to the Revenue Department. • Coordinates and supervise the civil works among the PWD Divisions. • Ensures that the contractor has paid the mutually agreed amount to the people for the land taken over as borrow areas. And ensure that the land is returned to the owner within the stipulated time as per the agreement and has not been made unproductive. R & R Officer (Executive • Makes budgetary provisions for land acquisition and R & R Engineer) activities. • Coordinates the implementation of R & R activities with in­ house and field staff. • Translates and prints the R&R Policy Framework in Malayalam and distribute to the contracted NGOs. • Consolidates the micro R & R plans prepared by the NGO on physical and financial needs on a monthly basis for the first three months, quarterly thereafter. • Organises training for the PMT and NGOs for capacity building to implement R & R • Prepares monthly progress reports. • Monitors the progress of R & R. and land acquisition and public consultations at the road link level. • Prepares terms of reference and facilitate the appointment of external agencies for monitoring and evaluation (M&E). • Develops terms of reference for any studies identified to enhance-the implementation of R & R and facilitate the appointment of consultants and coordinate the studies. • Coordinates with the NGOs appointed for the implementation of the R & R. • Organizes bi-monthly meetings with the NGOs to review the progress on R & R. • Keeps formal accounts for all project funding and prepare for and cooperate with Government audits.

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Level Implementation Staff Roles and Responsibilities Consultant Sociologist • Assist the R&R Officer (Executive Engineer, PMT) in carrying out the following activities: • Makes budgetary provisions for land acquisition and R & R activities. • Coordinates the implementation of R & R activities with in­ house and field staff. • Translates and print the R&R Policy Framework in Malayalam. • Consolidates the micro R & R plans prepared by the NGO on physical and financial needs on a monthly basis for the first three months, quarterly thereafter. • Organises training for the PMT and NGOs for capacity building to implement R & R • Prepares monthly progress reports. • Monitors the progress of R & R. and land acquisition and public consultations at the road link level. • Prepares terms of reference and facilitate the appointment of external agencies for monitoring and evaluation (M&E). • Develops terms of reference for any studies identified to enhance the implementation of R & R and facilitate the appointment of consultants and coordinate the studies. • Coordinates with the NGOs appointed for the implementation of the R & R. • Organizes bi-monthly meetings with the NGOs to review the proqress on R & R. Project Finance • Keeps formal accounts for all project funding and prepare Management Services for and cooperate with Government audits (PFMS) Director, Land • Effects land acquisition. Acquisition • Prepares land acquisition plans and submit to the district administration for acquisition. • Monitors the progress of land acquisition at the road links level. Database Administrator • Manages the database of the project. Supporting Social Development • Supports the Social Cell of PMT in coordinating the R&R Consultants­ Expert of PCC Activities project • Conducts social survey and Prepares the RAP document coordinating • Prepares and Updates the strip maps and Land Schedules Consultants • Organise workshops/ Training programmes for NGOs. and • Conducts required studies and Prepares approach papers Supervising whenever necessary. Consultants • Guide the preparation of Micro plans. • Helps in reviewing and monitoring project implementation • Capacity building of Social sector staff Sociologist of CSC • Coordinate the activities of the civil works contractors, the NGO Consultants, the PAPs and the various other stakeholders • Involve NGO's to conduct consultations with the community in the case of cultural/community/religious properties affected • Anticipate issues related to pollution, arising out of construction activities and protect the rights and interests of the people and the community • Ensure adherence to the relevant labour laws and implementation of labour welfare measures Ensure necessary clearance from community systems and statutory institutions prior to the start of the civil works. Liaise transfer of qovernment buildings and properties

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Level Implementation Staff Roles and Responsibilities coming in the Row. • Examine the work programme furnished by the NGOs for the completion of the assignment, suggest improvements and appraise the project management team regarding criticaI activities. • Make field visit at fixed time intervals and lor as and when required to monitor the progress of R&R and help NGO's furnish good reports in time to the PMT. Ensure timely receipt of reports. • Facilitate the Land Acquisition and R&R implementation process in a manner that ensures timely start of civil construction works adhering to the World Bank guidelines. • Interact with the Citizen's Advisory Committee (CAC) and the Grievance Redressal Committee (GRC).

District District Level • Meets regularly to review the progress of land acquisition, Rehabilitation chaired by the District Collector or his nominee. Committee (DLRC) • Decides on the replacement value on the basis of the methodology mentioned in the RAP. • Issues guidelines to the NGOs on replacement valuation of affected properties. • Facilitates the implementation of Government programmes in the project affected areas.

• Liaises with District Administration for dovetailing Government's income generating and developmental programs for the PAPs. District Level Grievance • Effects redress of grievances PAFs and PDFs related to their Redress Committee perceived inadequate compensation and assistance. (GRC) Rehabilitation Officer • Overall responsible for land acquisition and R & R activities in the field. Executive Engineer of the • Liaises with district administration for support for land PWD KSTP Division) acquisition and implementation of R & R. • Convenes and participate in the DLRC and GRC. • Coordinates with the NGOs appointed for the implementation of the R&R. • Organises the disbursement of cheques for assistance and compensation in the affected area in public. • Monitors road link level R&R activities and submit monthly reports. • Ensures the development of resettlement sites and agricultural land, wherever required. • Participates in the allotment of residential, commercial and aqricultural plots.

Project Team leader • Coordinates with the District Rehabilitation Officer to (Road Link) (NGO Contractor) implement the R & R activities. • Develops rapport with the PAFs. • Implements information dissemination campaigns and distributes the translated R&R Policy Framework to the PAFs. • Initiates discussions with the PAFs on compensation, assistance, and time frame for disbursement. • Explains the mode of payment to the PAFs. • Verifies the PAFs listed in the RAP, determines the extent of loss and finalises the list of PAFs and PDFs. • Ensures inclusion of those PAPs who may not have been

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Level Implementation Staff Roles and Responsibilities cover~d during the census survey. • Formulates micro-plans for the the PAFs and the PDFs. • Helps the PAFs and the PDFs implement their micro-plans and other R&R activities. • Printing of Identity Cards for the PAFs/PDFs. • Generates awareness about the alternate economic livelihood and enable the PDFs to make informed choice. • Facilitates the opening of joint accounts in local banks to transfer assistance for R&R for the PAFs. • Identifies training needs of the PDFs for income generating activities. • Establishes linkages with inter-agency, e.g., financial institutions, Govt. departments, etc. for income restoration and R&R services. • Enables the PDFs to identify the alternate sites for agriculture, residential and commercial plots. • Prepares time frame for moving out to alternate locations. • Participates in the consultations on allotment of shops and residential plots. • Estimates the replacement value of affected properties and lost livelihoods. Uses guidelines of replacement valuation prepared by the DLRC as an advisory body. • Executes an agreement for offering commitment money. • If the replacement value is not acceptable to the PAFs and the PDFs, refer the matter to the GRC. The NGO negotiates with the PAFs/PDFs to settle the case out of court. • Participates in the disbursement of cheques for the assistance at public places, including advance commitment money. • Helps PDFs shift to alternate locations per agreed time frame. • Completes formalities for a given PAF and close the case. • Follow up and monitor the R&R activities of the PAFs /PDFs. • Carries out public consultations with the PAFs on a continuing basis during the implementation of the project. • Ensures that the PAFs have received their entitlements. • Ensures the preparation of rehabilitation sites. • Participates in the meetings organized by the PMT. • Assists the Supervision Consultant in ensuring that the contractors are following the various provisions of the applicable laws concerning the worker's safety, health and hygiene, women's issues and the child labour issues. • Cooperates with the M&E Consultants by providing necessary information and support. • Submits monthly progress reports.

Louis Berger International/Sheladia Associates/CES/ICT 90 Kerala State il: Resettlement Action Plan KSTP il

12 CAPACITY BUILDING

12.1 INTRODUCTION Capacity building of the key functionaries and primary stakeholders to successfully implement the project as envisaged, is the key to the success of any development project. Public Works Department is the chief implementing agency for the KSTP. Since it's inception, PWD personnel are pioneers in the road sector and have built the roads in the State. But Kerala State Transport project has a different philosophy and approach, which has to be familiarised by all concerned .. Therefore all key functionaries of the project are to be adequately capacitated to work efficiently in the changed situation. The programmes must be so structured to unearth and unleash their tremendous latent internal energies and creative potential to implement the project with its social, technical, financial dimensions. Many Departments such as Land acquisition and Survey Department, Water resources Department, Various Consulting agencies and selected NGOs are playing equally important roles in the project All these functionaries need to work in tandem dividing the roles and responsibilities among them as envisaged. Capacity building of these team-mates is equally important. SMEC, the Independent reviewers of RAP phase II (draft) and World Bank appraisal missions have highlighted the significance of capacity building through training, in various contexts. An exclusive chapter on Capacity building is added to RAP considering its significance.

12.2 PRIME STAKEHOLDERS AT THREE LEVELS As in any other development project, the stakeholders require Knowledge, skills and management practices in the spheres of technical, institutional, financial and management aspects of the project. In KSTP, the prime stakeholders includes Project management team at the top level supported by various Consultant Agencies, District level team of officers, Land Acquisition officers, IWT officers from the Water Resources Department, NGOs, Construction Contractors, Lateral Departments, Members of the District Resettlement committees/Advisor committee, Valuers, Local self govt representatives, and Project Affected persons. Table 0 will give the details of the stakeholders. Considering the functional levels, Training in homogenous groups will be ideal to promote interactive sessions as well as to cover classes of similar wavelengths, but in divisional areas mixing functionally operational groups as per convenience can be considered.

12.3 EXTEND AND NATURE OF CAPACITY BUILDING Apex /strategic level - Regardless of the skill development level of the functionaries, the policy level actors of the project, including key functionaries of the PMT & Senior Divisional office staff need orientation to the approach and system for accessing and working with project resources. Intermediary level - The multi disciplinary teams of the NGOs, divisional level asst engineers, engineers of contractors, supervision consultants etc can fall in this category. Engineers dealing with the R&R implementation need to be thoroughly oriented on sodal aspects of the project and project management and coordination.

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Similarly NGOs engaged for RAP implementation requires sufficient skill development to deliver their responsibilities. In Kerala, at present no NGO has adequate skill to support a transport project as envisaged and those recruited need to be equipped through training and capacity building. The environmental and social orientation to the contractor staff and supervising consultants are other vital sectors. Being an A grade World Bank project many studies were conducted on environmental social issues and unless these are shred with the implementing agencies, they will remain in paper only.

Grass root level stakeholders are the PAPs and elected representatives. Who needs mostly information dissemination through IEC methods. They need to be oriented to the philosophy, salient features and components of the project, resettlement and rehabilitation policies for the PAPs, Land acquisition act procedures, Grievance Redressal processes, Environmental and Social management issues which needs area specific attention and support, conditions payment of compensations to PAPs, Maintenance and road safety aspects. This is the function of the NGO, through Public Consultations/meetings.

12.3.1 Skill buildingl Skill upgradation of the vulnerable PAPs Skill building training will be organised to vulnerable PAPs/PDPs as per their choice, which will be locally arranged by the concerned NGO, through identified training agencies .The vulnerable PAPs are expected to acquire better skills to earn more income and achieve better livelihood, through this.

12.4 COORDINATION OF THE CAPACITY BUILDING PROGRAMMES. The Social Cell of PMT can play the role of Apex Coordination Agency coordinating the training programmes entrusted with various Consulting Agencies, considering their expertise. Since the Consultants and Experts are associating with the Project from the beginning, their expertise and experience can be utilised for coordinating the training programmes and provide inputs in their concerned area of specialisation. For smooth functioning of such a system, the roles and responsibilities of each agency, modus operandi, subject areas, fund flow, reporting and evaluation mechanism, convergence and coordination methods etc need to be clearly spelt out .The following table will explain the levels and roles for each consulting agency. Table 12.1: Coordination agencies for capacity building

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Training programmes Coordinatin R~source persons Participants and levels g Agency Institutional strengthening Consultants Will be outsourced by the KSTP /PWD officials management training coordinating agency from a Associated programmes list of short listed Agencies/consultants experts/institutions Environmental and Social PCC Experts from PCC/CSC/ All KSTP stakeholders Management including PMT twB., and Outsourced at 3 levels road and water ways experts Technical Training CSC Shortlisted Experts-internal Technical personnel of programmes and external KSTP / Divisional (Construction Quality and offices, Contractor staff management) and CSC field staff Road safety PCC Short listed Experts-internal All stakeholders and external Labour laws/ welfare Contractor staff measurers in camp sights CSC Short listed Experts-internal /NGOs and external Grass root level trainings Short listed Experts-internal PAFs/PDFs and (Information sharing & Concerned and external and vulnerable PAPs Income generation skills) NGOs outsourced Agencies

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12.5 THRUST OF TRAINING 12.5.1 Team building and confidence building All the stakeholders of the project have specific duties and responsibilities to fulfil. Each one should know his/her own responsibility as well as his role as a team member. Motivating the staff to induct the new culture of teamwork in a project like this, bridging the gaps, is vital. The capacity building programme should create such an atmosphere. 12.5.2 Linkage with the Scheme Cycle The themes and modules need to be structured in such a way that most apt and time relevant lessons are taught which are of immediate significance, in the project context and situation .. A core curriculum needs to be prepared and scheduled with the training calendar. 12.5.3 Careful outsourcing of Resource persons Success of the training depends upon the trainer and when resource persons are outsourced utmost care must be taken to ensure that he/she is knowledgeable, communicates effectively and competent to clarify the doubts of the trainees to any extent. 12.6 METHODOLOGY OF TRAINING An overview of the major Techniques & methods proposed are shown in table. The Agency in charge of coordination needs to prepare the training modules and supporting tools.

Methodology Techniques Tooisl Aids Support documents I Class room Lecture cum Power point Hand outs teaching discussion presentations/OHPs Charts

i Group discussions Small groups Cards, charts Appropriate : Case studies Skits Visual aids Appropriate • Experience Role plays Pilot SOs Exchange visits, sharing Simulation documentaries/documents Focus group Appropriate Charts, pocket cards Appropriate discussions • Study tours PRA tools Appropriate Appropriate Workshops/ Appropriate Power poinV OHP Reports seminars/ reviews Onsite practical Field level Appropriate Technical manual training for practical training Assessment studies technical aspects

12.7 TRAINING ON SOCAL MANAGEMENT The Social aspects of this project are highly significant. All stakeholders need to be through with the various aspects of social management. The Apex/ Intermediary level stakeholders-especially the Key functionaries of the Head office and divisional offices dealing with the R&R implementation, the NGOs, members of the District level committees etc-need to be oriented on a 15 module package as detailed in the Table 12.2

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tT .. Ta bl e 122M. 0 du Ies f or SoCla . I M anagemen ramm9 No of daysl Modules Topic Areas covered Trainees Nature of Batches Module General Salient features -Philosophy- approach- Divisional R&R One day No.1 introduction to definitions and meaning of key aspects team/NGOs/Committee heterogeneous the project -roles and responsibility of members/ Contractor batch stakeholders at various levels- Team staff/ key functionaries of work- organisational frame - reporting. KSTP HQ and Consultants Module Resettlement WB policy- Indian Legal framework- As above As above No.2 policies and Land acquisition practices-resettlement legal frame work policy-Entitlement policy.

Module Resettlement Introducing the RAP document & As above As above No.3 action plan discussions Module Participatory PRA tools and techniques for R&R NGOs and Divisional One day­ No.4 rural appraisal implementation-field level data R&R staff (optional to techniques for verification - socio economic details- HQ team) Divisional teams data verification BPL and other vulnerable- PAFs &PDFs Module PR for KSTP-IEC Conducting Public consultations/focus NGOs and Divisional One day No.5 strategies group discussions/ one to one team heterogeneous communications/ laising with local self divisional team Govts/ and Mass media management Module Land schedules Updating the land schedules and strip NGOs One day No.6 and strip maps maps vis-a-vis local situation. Cultural homogenous properties /data updation group-divisional

Module Pra for micro Tools and techniques for micro plan NGOs " No.7 planning preparation using PRA methods /case studies /Documentation

Module General skills of Group exercise NGOs & Div officers " No.8 leadership/ team work! communication Module Rehabilitation Effective rehabilitation of PDFs- - NGOs One day No.9 steps alternate locations/ Welfare measurers- Divisional Public utilities -alternate employments_ groups IGA and skill building Module Inter phase Convergent community actions / NGOs " No.lO management Reporting to KSTP/Divisionaloffice and management Information system Module Environmental & Basic principles of ESMP Activities NGOS/ Divisional H No. 11 social involved- watch out activities- field Offices/ Contractor staff management level reporting/follow ups- Module Road safety and Safety - measures and its significance- All stakeholders- One day No.l2 associated Social safety- IEC measurers for road intermediary level measurers safety Module Economic Experience sharing with established NGOs and R&R staff One day No. 13 development ­ agencies like Kudumbashree and tie up iga /skill building possibilities Divisional I-practical solutions Module Grievance Case studies procedures and NGOs /Div office/ Dist One day No. 14 redressal processes/significance of grievance committees Iprocedures redress procedures/ action plans Divisional

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Module Progress Monitoring indicators / Timely Div staff & NGOs One day No. IS reporting and interventions/ progress reporting / Divisional Participatory Monitorinq

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12.7.1 Interactive review workshops Besides the above, trouble shooting/ review workshops need to be conducted in frequent intervals involving all field level staff at the regional! divisional! state level, which will be an interactive forum for learning and trouble shooting. The progress of implementation can also be reviewed in such venues. This will be another capacity building experience. Other than these, Exchange visits/ observation study tours etc will also be helpful for creative learning. Capacity building on other project aspects - i.e. Technical, Environmental, Institutional Management aspects-are not detailed in this document, since separate proposals are there. But a Comprehensive Master Calendar covering all aspects of training throughout the project cycle need to be developed, to have a total picture of the capacity building. It will be helpful to avoid duplication and over lapping. . Required budget for these programmes are included in the R&R budget. 12.8 ASSESSMENT FRAME WORK Before the commencement of the training, information level of the participant with reference to the topics to be covered will be done through a pre- evaluation questionnaire. At the end of each training day, the impact and acceptability of the sessions are evaluated through printed feedback sheets/ verbal responses/ wall charts. Training reports, which also show the trainees assessment about the trainers, are shared to improve the training approaches. 12.9 TRAINING OF PWD OFFICALS AND NGOS SO FAR COMPLETED These were piece meal trainings given as and when a need arise. The following table outlines the training programme on R&R and environmental issues organised by the Environmental and Social Cell of the PMT: Table 12.3: KSTP Training Programme on R&R and Environment No. Who Attends? Training Programme on Instruction Duration PWD's PMT Env. Regulation and Policies Related to Land Officer, R&R Acquisition/R&R and Environment: land Coordinator, acquisition; KSTP R&R policy; basic features Division Executive of the RAP; institutional arrangement; 1 Engineer, NGO, monitoring, evaluation and reporting; Lecture 1 day Supervision planning for relocation; documentation Consultant requirement of the project; environmental overview; environmental regulations and Acts. PWD's PMT Env. Salient Features of the KSTP R&R Policy Officer, R&R and General EA aspects: implementation Coordinator, arrangements, roles and responsibilities, Division Executive grievance redress cell and district level 2 Workshop 1 day Engineer, NGO, committee, continued consultation and Supervision feedback, labour laws, gender issues, health Consultant and hygiene issues, environmental awareness and safeguards in the project. PWD's PMT PD, Effective R&R and EMP Implementation: Lecture and Env. Officer and land acquisition, economic rehabilitation, 3' Group 1 day R&R Coord., Chief compensation and assistance, disbursement Discussion Engineer, Suptdt. mechanism, public consultations, conflict

Louis Berger International/Sheladia Associates/CES/lCT 97 Kerala State II: Resettlement Action Plan - KSTP II

No. Who Attends? Training Programme on Instruction Duration Engineers, Division resolution methods, the role of district level Executive resettlement committee and grievance Engineer, NGO, redress committee, shifting of utilities, role of Supervision NGOs in R&R implementation, Consultant documentation, monitoring and reporting, pollution and environmental impact assessment.

4 PWD's PMT PD, Long Term Environmental and Social Optional Programme Env. Officer and Issues in the Highway Sector: social and R&R Coordinator, environmental assessment methods, Chief Engineer, analytical tools, monitoring and evaluation, Suptdt. Engineers, social risk assessment and management, Lecture Division Executive concept of R&R resource centres, integration and Group Iday Engineer, NGO, of social and environmental issues and good Discussion Supervision practices, long term environmental issues in Consultant highway management.

12.10 FUTU RE TRAINING PLAN·STEPS list out the training requirements at each level through a stakeholder consultation and training need assessment workshop, Develop a master training calendar covering all future training programmes and budget it. list out the modules under various subject areas. Identify the training coordination consultants, shortlist resource persons Training coordination consultants to develop modules and coordinate the programmes Monitoring and evaluation.

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13 IMPLEMENTATION SCHEDULE

13.1 INTRODUCTION The implementation of the RAP will consist of land acquisition and R & R activities. The programme schedule for the remaining major tasks of the RAP is shown in Table 12-1. This schedule will be updated as the project progresses. The NGO contract package level R&R Project Managers will prepare a simplified summary on the operational aspect of the implementation plan.

The R&R activities of the whole project will be completed in approximately 36 months time, with some activities stretching out longer. If there are unforeseen problems, land acquisition will take longer. Three links of the Phase II roads will require environmental clearance and the process of obtaining the clearance has already been initiated.

The land acquisition activity for the Phase II roads is expected to be complete by November 2004 and construction is expected to commence from 15 December 2004. The payments of compensation vide the micro plan will be effected before the construction works starts. As the land acquisition and the R&R activities for the Phase I roads are already underway, the implementation schedule as presented in Table 12-1 is integrated with and continues from the one prepared for the Phase I roads. 13.2 THE IMPLEMENTATION PROCEDURE The implementation of the RAP consists of following major stages:

A. Deployment and training of staff; B: Issuing of legal notification for land acquisition and the cut-off date; C. Verification and Social Survey of affected and displaced properties, cultural and community properties. D. Land acquisition process E. Preparation of Micro plans for l\Ion titleholders/titleholders/ vulnerable PAPs. F. Verification of Micro plans and modifications. G. Arranging training for the identified PAPs H. Resettlement arrangements for the displaced.-residential!commercial units. I. Construction of structures- cultural! community and rehabilitation units. J. Preparation of list of EPs for relocation; K. Identify the Relocation of sites for displaced EPs L. Public consultations to resolve issues M. Approval of micro plans, completion of LA process and payment effected N. Opening of Bank Accounts and issue of identity cards to the EPs. O. Economic rehabilitation of vulnerable EPs. P. Relocation and rehabilitation of EPs Q. Monitoring and evaluation.

The R&R activities commence with the deployment of staff for Land acquisition, and Land acquisition processes are initiated through issuing the notification for Land

Louis Berger International/Sheladia Associates/CES/ICT 99 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

Acquisition. The I\lGO team responsible for the implementation of RAP vide the R&R policy will given charge of the respective links and directed to open offices in the respective locations. The Staff of the NGO and Divisional R&R team are trained and equipped to commence the activities. But this training will be an ongoing programme as detailed in the training calendar. The NGO starts the fieldwork with the verification of the data, through social survey. A specific format developed for this purpose is attached in the Annexure-V. The survey will be completed village wise and consolidate accordingly. The NGO will organise Public Consultations to educate the Public about the Project simultaneously. Wherever required they will sought the support of authorities to conduct such Consultation meetings. 13.3 THE BASIS OF IMPLEMENTATION The basis of RAP implementation is the PAP database developed and installed in all NGO computers The list of affected EPs and assets needs to be verified prior to construction/upgrading works and adjustments made to the PAP database. There is a likelihood of the number of EPs increasing or decreasing. Increasing - by way of persons turning 18 or a shopkeeper hiring new employees on the date of the particular land acquisition. Decreasing - by way of death of an EP, or a shop employee leaving an affected establishment before land acquisition. For the acquisition of land from Cultural (Religious institutions) and Community Properties, special efforts need to be taken. Consultations with Committees at the different levels and documenting the same are significant. Appropriate rehabilitation plan for these centres are to be developed with the support of supervising consultants. -Preparation of micro plans for the Non titleholders, vulnerable class etc can be initiated well in advance by the NGO to facilitate their resettlement and rehabilitation in accordance with the R&R policy. When the LA process is complete micro plans for the Titleholders can be completed. Both these as well as the rehabilitation of cultural and community properties need to converge to facilitate the release of land for construction works, within the stipulated project time. Verification of the draft micro plans prepared for the Non-titleholders (village wise) can be done with the support of designated coordinators, who will be designated by the PMT, to provide focused support to each road package. Documents cleared by them can be forwarded to the Divisional RRO, Sociologist of the Supervising Consultants. Sociologist of the CSC will scrutinise the micro plans as well as cross check the field realities and recommend the same to the RRO for onward transmission to the PMT for final approval. At the PMT, the Consultant Sociologist will verify the proposals for compliance to the R&R policy prepare a detailed note to that effect and submit to the Chief Executive for approval. Chief Executive approves the micro plan and authorise the Divisional RRO to release the amount as detailed in the financial procedure issued for the purpose. Payment of Compensations will be given through two channels to the Titleholders. LA compensation will be issued through Treasury checks only, while additional compensations and other assistance vide the micro plans will be given through bank accounts, operated jointly by the EP, NGO and RRO.. For Non- titleholders direct checks will be issued for payments below Rs 10000/­ and payment through joint accounts in Banks, as recommended by the NGO, considering the progress of implementation. Ngo will ensure that the micro plans are implemented as envisaged in the plan.

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For Phase 2 projects, focussed action to release 10 K.m continuous stretches of land to facilitate road construction works by the Contractors in time, is recommended by the World Bank. NGO need to initiate concerted action to achieve this.

Louis Berger international/Sheladia Associates/CES/ICT 101 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

13.4 GENERAL ACT1VITIES

• Appointment of staff at the PIU; In place • Contracting NGOs; Joined on 13/11/ 2003 • District level committees set-up by the State Government; (Completed) • Training of the R&R managers and NGOs for the Training on two modules implementation of the RAP; completed. • Translation and printing of R&R policy in local language. (Completed) Preparing pamphlets of R&R policy in local language; • Distributing the R&R policy to the EPs; NGOs will distribute during the survey • Verification of the EPs; Commence from 15/12/2003 • UpdClting the census data base to include those who may Ongoing. Expected to be have been left out during the census survey; complete by end February 2004 • Distribution of Identity Cards; Photos will be taken before 2/2004. card will be issued by October 2004 • Opening ofjoint accounts in the name of EP, November 2004 representative of NGOs and the contract level R&R officer;

• Public consultations and creating awareness about the From 15/12/03 onwards- as a project amongst the PAPs; continuous activity • Monitor physical and financial progress; Monthly and quarterly reviews • Prepare monthly progress reports. December 03 onwards _ Vi working day of following month 13.5 LAND ACQUISmON (Priority stretches-village wise continuous stretch of 10 km) A. Land will be permanently and temporarily affected by the project • Permanent acquisition will be under the Land Acquisition Act 1894 (amended in 1984) and will comprise the following activities: • Preparing land plans and land schedules for acquisition (Completed) with details about the total holding and the area affected; • Appointment of the competent authority; Will be over by end December 2003 • Issue of notices as per the Land Acquisition Act for End January 2004 acquisition; End January 2004 • Joint verification by PWD and survey staff End May 2004 • Section 6; Survey and boundaries act. 6.1,LA Act (issue of DD) • Announcement of compensation award as per the Act; September 2004 • Issue of cheques in public places prior to taking November 2004 possession; B. Temporarily affected land will facilitate civil works on the project roads by providing diversion routes for traffic and for earth works from borrow areas: • Contractor negotiates with owners the area to be leased; November 2004 • The contract signed between the owner and the contractor

Louis Berger International/Sheladia Associates/CES/ICT 102 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

will include the terms of payment and return of the land to November 2004 the owner; • Complete payments will be made to the Contractor after November 2004 the PIU is satisfied that the terms and conditions of the contract have been met; • Returning the land after restoring to its original condition. On completion of the works

13.6 RESETTLEMENT Civil works will begin after people have been relocated. The following activities are included:

• Verification of the displaced population - agriculture. End February 2004 residential and commercial;

• Identification of alternate plots in consultation with the people; August 2004

• Preparation of draft micro plans for Non titleholders( Priority End February 2004 onwards stretch) November 2004 onwards • Resettlement of NTH

• Development of the relocation sites with basic infrastructure August 2004 facilities;

• Disbursement of shifting allowance and rental allowance; October 2004

• Setting up of temporary sites if needed; November 2004

• Announcement and disbursement of the replacement value of November 2004 the property affected of EPs and payment through cheques in public places;

• Allotment of plots to EPs through public consultations; November 2004

• Construction of residence and shops at the resettlement sites November 2004 onwards by the PAPs or the PMT as desired by the PAPs;

• Developing shopping complexes wherever required; November 2004 onwards

• Building/relocating the community facilities in consultation November 2004 onwards with the community; 13.7 REHABIUTATlON

• Verification of EPs entitled to transitional allowance. alternative End March 2004 economic rehabilitation support and economic rehabilitation grant; • Providing information to EPs to make informed choice about End March 2004 income generation (IG) programme; • Training for upgrading of skills for IG programme; July- August 2004 • Payment of assistance to synchronize with the release of October 2004 compensation paid to EPs; • Income generating activity for each EP to be planned by the December 2004 EPs in consultation with the NGOs.

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Louis Berger InternationaVSheladia Associates/CES/ICT 104 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

14 COSTS AND BUDGET

14.1 INTRODUCTION The budget is indicative with outlays for the different expenditure categories calculated at the 1999 price index. The information on costs was collected by the socio-economic and census surveys of the PAPs together with field inquiries conducted by the Project Quantity Surveyor. Land compensation cost has been calculated on the basis of the best available Government registered market prices and the building replacement cost has been calculated 'on the basis of the PWD's Basic Schedule of Rates (BSR).

The information reported here is based on discussions with the Government officials responsible for land acquisition. No certified copies of Government registered land prices are available. 14.2 METHODOLOGY FOR THE VALUATION OF COSTS 14.2.1 Valuation of Land Cost The private lands to be acquired along the project roads have been estimated on the basis of the land schedules (Annex 8.2-8.6 and Annex 8.8-8.11). The compensation of land has the addition of 30% solatium, 12% additional and 12% interest on the Government registered market price. In the case of agricultural land, in addition, there is a 10% severance grant according to the KSTP R&R Principles and Policy. It was noticed during the social surveys and the market survey of the replacement value of land that there is a difference of 40% in average cost of one sq.m. of agricultural land between the Government registered market price and current replacement value, 120% difference between Government registered price and current replacement cost of residential land, and 125% difference between Government registered price and current market price of commercial land.

The replacement cost of land varies from link to link, and within a link the price of residential land is different from that of commercial or agricultural land. Commercial area land is further divided into town centres and other areas with shops. The land cost is more in the town centres than for lands in commercial use in other areas. An average estimate for different use of lands has been made and illustrated below:

Unit cost of agricultural land per m2 Rs.285 Unit cost of homestead land per m2 RS.485 Unit cost of commercial land per m2 RS.895 Unit cost of "other" use land per m2 RS.430 Unit cost of rubber plantation land per ha Rs. 1,490,000 Unit cost of pineapple plantation land per ha Rs. 740,000 14.2.2 Valuation of Replacement Cost of Structures The valuation of assets replacement has been based on the PWD's Basic Schedule of Rates (without depreciation), which provides the unit costs of construction materials. An average estimate has been calculated for the following items:

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Unit cost of a pucca structure per m2 Rs.3000 Unit cost of a kutcha structure per m 2 Rs. 1000 Unit cost of a bunk per m2 Rs. 500 Unit cost of mosaic flooring per m2 RS.4815 Unit cost of marble flooring per m2 Rs.5885 Unit cost of red/black oxide flooring per m2 RS.4280 Unit cost of concrete flooring per m2 Rs.2675 Compound wall replacement cost per linear metre RS.1235

The difference between the BSR rate and market rate of building replacement is approximately 50% and this difference has been marked for assistance. The bunks are portable and hence, not budgeted.

14.2.3 Valuation of Replacement Cost of Other Assets Coconuts are important cash crops in the State. The average production is estimated at approximately 5500 nuts per hectare, or 2200 nuts per acre. One hectare of land can accommodate 65-75 trees. Hired labour is the single largest component of cost, followed by cost of fertilisers.. The unit cost of a coconut tree has been worked out at current prices. The average market cost of digging an open well is approximately Rs. 30,000/- and the market price of a water tank is approximately Rs. 5000/-. The difference between the BSR price of an item and its corresponding market price has been budgeted under the head "Assistance."

Average unit cost of a coconut tree RS.75 Average unit cost of other trees RS.40 Unit cost of a water tank (1000 Itr capacity)[BSR] Rs.2,500 Unit cost of a hand pump (India Mark m Rs.2,630 Unit cost of a well (20 metre deep) [BSR] Rs.14,725 Cost of a water-pumping unit (1 hp) Rs.4,735

14.2.4 Valuation of Costs of Rehabilitation Assistance The rehabilitation assistance includes the following items, amount of money for each item and the duration of entitlement as detailed in the R&R Principles and Policy Framework. 14.2.4.1 ResidentiaVCommercial Families • Transitional allowance for 6 months at the minimum wage, Le., Rs. 4500/month • Rental allowance for 6 months @ Rs. 600/month • lump sum shifting allowance @ Rs. 300 14.2.4.2 Agricultural Families • Transitional allowance for 6 months at the minimum wage, i.e., Rs. 4500/month • Training for skill upgrading for alternative economic activities, Rs.1000/­ individual • ERG for vulnerable families@ Rs 24000/ per family

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14.2.4.3 Wage Earners • Transitional allowance for 3 months at the minimum wage, i.e., Rs. 4500/month • Training for skill upgrading for alternative economic activities, Rs.I000/­ individual • ErG for the vulnerable @ Rs 24000/ person

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14.2.4.4 Tenants

• Rental allowance for 6 months, @ Rs. 600/month 14.2.4.5 Squatters • Assistance for structure replacement • Rental allowance for 6 months, @ Rs. 600/month • Shifting allowance @ Rs. 300 • Training for skill upgrading for alternative economic activities, Rs.1000/­ individual • ERG for vulnerable @ Rs 24000/ person 14.2.4.6 Vulnerable Encroachers • Transitional allowance • Assistance for structure replacement • Rental allowance for 6 months, @ Rs. 600/month • Shifting allowance @ Rs. 300 14.2.4.7 Vulnerable Groups

• Economic Rehabilitation Grant @ Rs.24,OOO One of the objectives of the R&R Policy is to provide support to the vulnerable families so that they are able to restore their livelihoods above the poverty level. Therefore, an economic rehabilitation grant of Rs. 24,000/-, calculated at one years State BPL consumption level as determined by the State Department of Rural Development, which currently stands at approximately Rs. 21000/- per family and 25% addition to this amount as per the R&R Policy, has been provided for the vulnerable group families. In the vulnerable group the included families are all identified BPL, women headed, disabled headed, SC and ST families. • Economic support for purchase of land to displaced vulnerable Vulnerable families displaced from residential and commercial plots are eligible for supports for the purchase of alternate land. The R&R policy have provisions to support all residential displaced vulnerable with 40 sq feet of alternate land and commercial displaced vulnerable with 25 sq mts of land. The project has decided to spend an amount of Rs 19400/ - for the purchase of such land, whether it is residential or commercial. Rs 2000/ for the development of such land will also be provided. There are 85 residential and 151 commercial PAFs eligible for this support. 14.3 CONSOUDATED R&R BUDGET The estimated budget for R&R, including land acquisition for Phase II is INR 1139.43 million. The Bank component in the R&R of the project is estimated to cost INR 516.92 million and the PWD component is INR 622.51 million. The following table shows the component-wise outline budget for the Phase II roads in million Indian Rupees. This estimate does not include the additional work referred to in Section 1.3, which will be put up in a RAP Supplement. The Compensation package includes cost of land purchase for the environmental rehabilitation of 3 Ha mangroves in

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package 5, which is expected to be reimbursed under the Bank support. More details regarding this are available in the Environmental Management plan.

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Table 14.1: Estimated Costs and Budget of the KSTP R&R in Million INR, Phase n

The Table 13.2 shows the itemised, detailed indicative budget of the R&R component of the project Phase nroads in three packages. The land registration and stamp duty costs have not been included in the budget, as in the case of Kerala Government transactions these fees are waived. The budgetary provision for the benefits enhancement of the religious structures is not included in the R&R budget, as it is part of the link-specific EMPs. The R&R budget has a provision to add the inflation rate to the budgeted amounts annually.

14.3.1 Disbursement of Compensation and Assistance The disbursements to the PAP/PDP (EP) would be made against the purchase of assets/ enhancement of assets and building/construction of structures .The copy of the proceedings as attached in Annex 6.3, issued by the Chief Executive for the R&R payments in the Phase -I project will furnish the details of bank payments. A joint account will be opened at a local Bank. The signatories will be the EP, NGO contract package level R&R Project Manager (NGO contractor) as Verifying Officer and the KSTP Divisional Executive Engineer, who is the Resettlement Officer at the District Level. All the. amounts under the R&R category would be paid from the joint bank account. Cheques will be given for all assistance. Apart from shifting and rental allowance the others will be deposited in the joint accounts. The EP will withdraw the amount against the purchase of productive assets and on production of proof of expense and this would need to be certified by the NGO/GoK. In case of structures the withdrawal will be in three instalments against the progress of construction, i.e., (a) foundation, (b) walls, and (c) roof completion. The Bank will reimburse only the eligible expenses, 100% net without deducting any taxes. According to the current law the owner will receive cheques from the district administration for the entitled compensation. All payments of cheques will be made in the village office in the presence of the district administration representative, the road link level Project manager and the NGO representatives. The following organogram illustrates the disbursement mechanism from the PWD to the affected person. Organogram 14.1: Disbursement Mechanism

District Administration (District Collect

Villaae Office

.,.."...... _...... i Panchayat PresidenVMember(s) i R&R Project Manager i -L-o-ui-s-se-r-ge-r-In-te-r-na-t-io-na-I/-S-he-Ia-d-ia-A-s--isd..... ~.~.?~:?.r.=~.:~~~~.i.v..:...... ji------1-10­ Kerala State Transport Project n: Resettlement Action Plan - KSTP n

Entitled Person

15 GRIEVANCE REDRESS

15.1 NEED FOR GRIEVANCE REDRESS A grievance is righteous anger or resentment stemming from a feeling of having been wronged. In case of projects involving land acquisition, involuntary resettlement and loss of livelihoods, grievance relates to perceived exploitation by the Government (PWD) and essentially indicates inadequate payment. The grievance procedure and appeal mechanism are an important aspect related to R & R of the PAPs. The Land Acquisition Act has provisions at different stages of the land acquisition process for the affected persons to object to the proposed acquisition of land and other properties, etc. It also allows the affected persons to receive compensation under protest and to approach the court for settlement.

Even though the land acquisition by Government for public purpose cannot be challenged, in court, an aggrieved person may go to a court of law to challenge the amount of compensation. Experience shows that litigation causes will lead to unnecessary delays and cost overruns in many projects. To avoid such legal procedures a committee for grievance redress has been constituted in each project district, which will provide a forum for people to express their dissatisfaction over compensation and R & R provisions. It does not imply that the affected people will be debarred from approaching the court on the compensation issue.

15.2 GRIEVANCE REDRESS COMMmEE Vide Government Order G.O. (MS) No. 41j2002jPWD, dated 23 July 2002 a Grievance Redress Committee (GRC) has been constituted at every project District Headquarters. The GRC comprises the District Collector or his nominated representative, representatives of NGO, panchayath or municipality. The District Collector or his authorised representative will chair the Committee. Local MLA/MPs/ District Panchayath Presidents can be invited specially to participate in this committee.

The GRC may also take an informal role in handling grievances and issues related to land acquisition, to minimise/avoid the litigate measurers as far as possible. The Section 11.2.2 discuss the constitution of another Citizen's Advisory Committee (CAC) related to land acquisition, which could work together with the GRe.

15.3 GRIEVANCE REDRESS MECHANISM The NGO working in the area will bring the grievances of the project-affected persons before the GRC/R&R Committee. This will provide for the step-by-step process for registering and addressing the grievances. This mechanism will help to redress the grievance of the party to the possible extent. The PAPs will have access to the committee throughout the project period.

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15.4 RESPONSE TIME The GRC will hear grievances once in 15 days. Since the entire resettlement process has to be completed before the commencement of the construction works, the GRC may meet more frequently depending upon the number of cases to be settled. The GRC will inform the decision to the aggrieved party within 15 days of the hearing.

The organogram illustrates the sequential steps for the grievance redress mechanism:

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Organogram lS.l: Grievance Redress Mechanism

Entitled Persons/PAPs

Grievance Related to

Award for land Resettlement & Rehabilitation Acquisition Provisions

Competent Road Link Authority level Project (District Collector or Manager his designated

Grievance Redress Committee

Citizen's Advisory Committee District Collector Executive Engineer, KSTP MPs and MLAs of the District District Panchayat President EE, District Panchayat Division

15.5 GRIEVANCE REDRESS MONITORING A format for grievance redress monthly and cumulative monitoring, already in use for the Phase I roads (appended to the Phase I Rap, Annex 18, Format 18.4: Monthly and Cumulative Report) , will be used for the Phase II roads as well. It contains information on the number of grievance petitions received, resolved, and the number of unresolved petitions. It is to be signed by the Chairman of the Grievance Redress Committee (the District Collector).

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16 MONITORING, EVALUATION AND REPORTING

16.1 INTRODUCTION The Rehabilitation Action Plan (RAP) is a time bound plan to be implemented in a structured and participatory way. Non-governmental Organisations (NGOs) are selected and engaged for implementing the RAP in the field. To watch the progress of implementation and ensure the process, structured Monitoring and evaluation (M&E) assumes significance. The RAP implementation is a critical activity in involuntary resettlement. Monitoring 'involves periodic checking to ascertain whether activities are carried out according to the RAP. It provides the' necessary feedback for project management to keep the programme on schedule.

Evaluation is essentially a summing up job at the end of the project to assess whether the activities planned and scheduled were actually completed, fulfilling the objectives.

One of the objectives of the Kerala State Transport Project is to ensure that the affected individuals and households regain, and preferably improve upon, their living standards. The measures detailed in this Report are designed to meet this objective. An M&E programme will, accordingly, be implemented to (a) record and assess project inputs and the number of persons affected and compensated, and (b) confirm that former living standards are being re-established. There are two broad activities to be monitored: first, the progress of land acquisition and second, the R&R activities. The range of activities and issues that will have to be recorded and monitored include: Land acquisition and transfer procedures; Disbursement of compensation and assistance Construction of replacement buildings by the displaced households; Re-establishment of displaced households and business enterprises; Rehabilitation of income levels. Two broad categories of indicators, (a) input and output indicators and (b) outcome/impact indicators, will be used to monitor the project implementation. Input and output indicators relate to the physical progress of the works and include such items as the extent of land acquisition and compensation paid, the number of families displaced and resettled, the extent of government land identified and allotted to the project affected families, other R&R assistance extended and the related financial aspects. The outcome/impact indicators relate to overall project objectives as stated in the R&R policy. Monitoring will be done both internally and externally. An external agency will be contracted to monitor and evaluate the R&R programmes. Periodic changes will be made in the RAP, based on that evaluation.

16.2 M&E MECHANISMS AND REPORTING Internally, the R&R Coordinator at the PMT will be responsible overall for monitoring the progress of land acquisition and R&R. The Director of Land

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Acquisition, at the PMT, will be responsible for monitoring the progress of land acquisition and the Rehabilitation Officer at the District level will be responsible for monitoring the progress of the R&R activities. These officials will undertake this internal monitoring monthly. The t<.IGO team Leader will complete the monthly monitoring inputs in reporting formats. Specific MPR formats designed are . attached to the annexure 4. Monitoring the contractor's conformity and the labour issues will form a part of the Construction Supervising Consultant's activities and is dealt with in the individual road link Environmental Management Plan. External monitoring and evaluation agencies will be commissioned for annual, mid­ term, and end-term monitoring and evaluation of the R&R activities. The monitoring and evaluation schedule is presented in Table ·12.1 of Chapter 12, Implementation Schedule.

16.3 MONITORING PROJECT INPUT AND OUTPUT INDICATORS Project monitoring at the road link level will be the responsibility of the District Rehabilitation Officer who will prepare monthly progress reports on the R&R activities. The reports will compare the progress of the project to targets set up at the commencement of the project. The R&R Coordinator at the PMT will consolidate the monthly reports prepared as per the reporting formats. The progress of the project will be monitored with respect to these broad categories of indicators: financial progress, physical progress, social development, and participation of stakeholders. A suggested input and output monitoring indicators format is presented in Table 16.1.

Ta ble 16. 1 : ltdnpu an 0 UEPUttl ndOlea tors Type Indicator Examples of Output Variables

Process Staffing Number of PWD staff on KSTP, by road and job function

Indicator • __~ ______w~_~.m __Nu_'!l_~-"~f_9!b.~rJl~.e_~.e.£lS1_2.~l~~__~i~tl_!'.le ~L!€I~~______Consultation Number of R&R Committees established and meetings held Grievances by type and resolution Number of field visits by /PWDPMT staff

• ___w __w·______~_M ___• __ t-J..IJ_'!l_~er o!. NGq~_p.article.'!I.!l.r~~t~91~ ______Procedures in Census and asset verification/quantification procedures in place Operation Effectiveness of compensation delivery system Number of land transfers (owner to PWD/KSTP) effected Coordination between PWD and other line aqencies Output Acquisition of land Area of cultivation land acquired by road section and contract Indicator Area of other private land acquired ~~~.2!.9!?ve~~!:1! 1a~_<9I:l!I:~~L______.______.___..___ .---.~-----~"-~~ Buildings Number. type and size of private buildings acquired Number, type and size of community buildings acquired ._--_._--­ Number, type and size of government buildings acquired Trees and Crops Number and type of private trees acquired Number and type of govemment/community trees acquired Crops affected by area, type and number ofowners

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Type Indicator Examples of Output Variables

Compensation and Number of households affected (land, buildings, trees, crops) Rehabilitation Number of owners compensated by type of loss Amount compensated by type and owner Number and amount of allowances paid (shifting, rental etc.) Number of replacement houses constructed by concerned owners Number of replacement businesses constructed by concemed owners Number of owners requesting assistance with purchasing of replacement land NU!flber of replacement la_~,:!~cha!;es effected ___,_____ Reestablishment of Number of community buildings repaired or replaced Community Number of cultural properties relocated/benefits enhanced Resources Number of trees planted by govemment agency Number of forestry resource user groups established/in operation

16.4 MONITORING PROJECT OUTCOME/IMPACT INDICATORS The progress of the project should be monitored against the objectives of the project, through impact performance indicators. Table 16.2 contains a list of suggested outcome/impact performance indicators, which will be used to monitor project objectives. These indicators are important tools in understanding the progress targeted and planned in the RAP and will form the basis for monitoring and evaluation of the implementation of the RAP. The socio-economic survey undertaken during the project preparation will provide benchmarks for comparison on the socio-economic status of the PAPs in the post project period.

Table 162" : Impact Momtormg Ind"Icators Type Indicator Examples of Variables Employment status of economically active members; Impact Family Earning Landholding size, area cultivated and production volume by crop; Indicator Capacity Changes to income earning activities pre- and post-project; Amount and balance in income and expenditure. Changes to Status Participation in training programmes; of Women Use of credit facilities; Participation in road construction; Participation in commercial enterprises.

I ~1hangeS to Status School attendance rates males and females; f Children Settlement and Growth in number and size of settlements; Population Growth in market areas; Influx of squatters.

The outcome/impact indicators are, in effect, parameters for measuring the qualitative impact of the project and how the project has changed the lives of the people qualitatively. These indicators are expected to provide information about whether the project objectives are being achieved or not. A key objective of the project is the restoration and improvement of affected people's income and quality of life.

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16.5 EXTERNAL MONITORING AND EVALUATION As indicated, an external organisation with experience in resettlement and rehabilitation and other social development programmes will be engaged to carry out the evaluation and reporting of the implementation of the RAP. This agency will be independent of the project. This external agency will do monitoring and evaluation of the PMT maintained reporting formats as well as the output/impact of the project as suggested in Table 15.2. This external exercise will be done thrice during the life of the project. The first evaluation will be an annual evaluation and will take place after the PDFs have been displaced from the Col. Any problems encountered will be assessed and necessary changes will be recommended to the PIU for consideration. This is to ensure that these problems do not recur during the remaining part of the project. The other evaluations will be the standard mid-term and the end-of-project evaluation. It is recommended that the external evaluation be based on a recognised sampling method to select the items of the performance indicators to be monitored and the EPs within each road link to be monitored. The parameters and indicators suggested for external evaluation are illustrative only. The evaluating agency, may modify it appropriately. The external evaluation agency will submit three evaluation reports to the PMT. The reports should contain all the data collected and critical analysis of the same. It is expected that the agency will present a comparative analysis with reference to the pre-project and post-project status in the socio-economic conditions of the PAPs. The PMT will initiate corrective actions, if necessary, based on the recommendations of this agency.

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17 MISCELLANEOUS BENEFITS ENHANCEMENT

17.1 ROADSIDE FACunES The project has provided for a number of roadside amenities and facilities for the local people. These include rest areas, service roads, footpaths, lined and/or covered roadside drains in the built up areas, pick up bus stops with shelters, motorised rickshaw and taxi stands, bus bay, etc. All these facilities have been incorporated in the design of the roads, bill of quantities and specifications of the main civil works contract. The Environmental Management Plan of the individual road links has detailed information on these issues. 17.2 CONSERVATION AND ENHANCEMENT OF CPR The common property resources (CPR) along the project roads include trees, wells, water taps, bus stops, schools, hospitals, and religious properties. The project affected roadside wells and water taps will be replaced by the project authorities in cooperation with the local government (panchayat or municipality) and the Kerala Water Authority. The Environment Management Plan has detailed information on these issues, including roadside tree planting. Religious properties are not strictly common properties, although they are open to the pUblic. Despite best efforts made in the engineering design to avoid land take from them, as many as 106 of them were estimated to be affected, mostly in the form of losing their boundary wall. A discussion is made here regarding the benefits enhancement of the cultural properties.

17.2.1 Cultural Properties Rehabilitation Policy The project needs to develop a policy for the rehabilitation of cultural properties that will be affected by the road improvement programme. This could be made a part of the broad R&R Principle and Policy Framework. The KSTP has been guided by the Bank's Draft Operational Policy 4.11, which exclusively deals with the cultural properties, in its handling of the affected cultural properties due to the project. Further, as desired by the Bank, this section of the RAP has been prepared as a separate safeguard policy exclusively for the Kerala State Transport Project. 17.2.2 Types Of Religious Properties Identified In The Project Location The environmental and social surveys and the detailed social impact studies have identified all cultural properties (total 110) that will be affected by the Phase II roads improvement. These are presented in Table 17.1. Their magnitude of being affected widely varies. The following types of cultural properties are found on the project roads:

Temple Church Mosque

Shrines of all major Tree shrines/sacred groves Hyundi of all the three religions religions

Except the tree shrines, the others are not strictly "common property" because they are owned and managed by their respective registered "Society" or "Trust". The

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public only has access to them. As the table shows, there are 22 Hindu cultural properties, 59 Christian and 13 Muslim cultural properties. Three Hindu cultural properties, including the tree shrines and a hyundi, have squatted on the Government land. Many of the shrines are actually roadside hyundis, which are squatters and could be easily relocated. Other properties are affected in terms of losing boundary walls or land. There are also affected vacant plots of land owned by the religious properties.

It was noticed during the surveys that some cultural properties, are now serving the role of traffic islands. The project recommends landscaping of those sites as a benefit enhancement measure.

17.2.3 Definitions of Cultural Properties Temples are Hindu places of worship. There are private as well as community temples. Most of the temples are different from one another by way of age and idols (Shiva, Vishnu, Krishna etc). In a majority of the cases, the location has specific significance. Because of the same reason temples are usually located away from the Roads.

Churches are Christian places of worship. There are no private Churches. The churches usually belong to different groups within Christianity (Catholic, Marthoma, Syrian, Pentecostal, etc). Except few cases the location has no specific significance for a church.

Mosques are the places of worship of the Muslims. There are Sunny Mosques and Mujahiddin mosques. With regard to the rehabilitation policy, all mosques can be treated as belonging to the same type.

Shrines are usually small structures, located in the vicinity of the main religious structure associated with all the three major religions of the State. The shrines usually serve the purpose of helping the road users obtain a quicker religious service, besides indicating the larger presence of the religious community in the locality.

The shrines are a most important part of any place of worship. Normally a small shrine develops to a bigger place of worship with earlier shrine remaining as the most important part of the property.

Tree shrines are usually associated with the Hindus. There are a few tree shrines located along the project roads. People worship the idols installed at the base of the trees as well as the trees. These trees have a special significance to the local community, which will usually oppose the removal of such tree shrines. The landscaping would be ideal. This will require extensive community consultation.

Sacred groves are also usually associated with the Hindus. Even today, the Nair community in Kerala worship snakes and other demigods. For this purpose they preserve a small forest, known as sacred groves. This represents the close association of man with nature. Usually, landscaping would be ideal for the sacred groves.

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Hyundi: these are concrete collection boxes of religious centres, constructed adjacent to the road to facilitate the passing believers to drop coins. Almost all the religious centres adjacent to the road will have a hyundi very near to the road. On an average, these structures are of one square metre area, placed strategically on the public right of way, essentially targeting the truck drivers and other motorists who do not have the time to visit the places of worship.

17.3 IMPACTS OF THE PROJECT ON THE CULTURAL PROPERTIES 17.3.1 The impacts on the cultural properties are of the following categories: Only Compound wall affected Compound wall and part of the compound affected Part of structure affected Sanctum sanctorum affected can be categorised as the complete structure affected Only land affected Complete cultural property affected Loss of access/entrance, if the existing access is from the project roadside. Other impacts to cultural properties include Induced impacts: The construction of road or realignments or bypasses sometime will result in induced impacts obstructing the cultural properties in various ways. In the instances of such events the highway authority will assist through consultation and other means (highway Protection Act 2000) restoring the importance of the shrine. This will be mostly applicable along the new alignments. 17.3.2 The Project Approach to Mitigating Cultural Properties In all cases, the mitigation actions are framed unique to that particular situation with respect to the available space, the unique characteristics of the religious structure affected and the local public and religious judgement. In other words, the project policy is unique to consider the widely varying situations for each cultural property. The loss of land and assets of the cultural properties will be treated on par with the loss of other land and assets for the purpose of compensation and assistance. However, the project will, in addition, strive to enhance benefits to the affected cultural properties in consultation with their respective managements. The Project has a clear strategy to take people and affected parties into confidence before taking any decision on shifting of structures especially religious structures. There would not be any involuntary shifting or relocation especially in the case of cultural properties. An outline benefits enhancement for the cultural properties is shown in the following table.

Table 17.2: Strategy For Restoration, Relocation Or Reconstruction of Cultural propertles SINo Extent of Impact on Consultation conducted and Benefit Enhancement Cultural Properties Consensus Obtained 1 Only Compound wall and Reconstruction of wall parallel to the Access/entrance land beneath affected present compound wall. Loss of land provided through one of compensated. the sides 2 Empound wall and part Reconstruction of wall parallel to the - Do­ compound affected existing wall. Loss of land compensated. If

louis Berger InternationaliSheladia Associates/CES/Ia 120 Kerala State Transport Project n: Resettlement Action Plan - KSTP n

SINo Extent ofImpact on Consultation conducted and Benefit Enhancement Cultural Properties Consensus Obtained land is available adjacent to the property. will be purchased. 3 Structure affected Alternate structure constructed and all pre- Do­ status restored. 4 Sanctum sanctorum Complete structure reconstructed and all Do affected pre-status restored. 5 Only land affected Alternate land provided. preferably. if Landscaping available. adjacent to the existing location. 6 Complete cultural Relocation of site identified by the cultural property affected property authorities and rebuilding of the Landscaping property. The Environmental Management Plan of the road links have made detailed analysis of the strategy to mitigate the cultural properties. 17.4 ROAD SAFETY Kerala roads are high accident-prone and the project has taken measures to minimise road traffic accident through better road geometry, traffic islands, footpaths, organising awareness campaign and driver education. An independent road safety auditor prepared a Road Safety Action Plan and the road design has adapted to the recommendations of the Action Plan. 17.5 AWARENESS CAMPAIGN FOR HIV/AIDS Kerala State AIDS Control Society (KSACS) have estimated around one-Iakh HIV positive cases in Kerala. The total death due to AIDS so far is 529 cases. Road transport sector bear a significant role in the transmission of HIV as the truck drivers of inter State services are found to be the carriers of this deadly virus. NATPAC has estimated that on an average, 800 trucks come to Kerala from outside and each truck will have two helpers and a driver totalling to 2400 persons a day. Among them 2 to 3 percent are carriers of HIV. Even though Kerala has not yet become a high-risk State for HIV/AIDS, it is right time to initiate safety measurers through intense campaigning, especially in the road transport sector and KSTP recognises this need .. NGOs need to identify risk prone areas such as taxi stands, bus/truck stands, inter state parking areas etc in their respective link and chalk out an effective campaign to alert risky people about the seriousness of the issue and adopt safety measurers. Each NGO will prepare a Year calendar of activities setting targets every month and act accordingly. The specialised agencies in the sector such as KSACS, State Management Agency (SMA) etc will provide required technical and material support. PMT and CSC will facilitate this convergence. The activities will be monitored through the monthly progress reports. In the Construction camp sights the contractors will ensure all precautionary measurers and the CSC Sociologist will give them required advice. NGOs will support them in organising awareness classes. RAP has earmarked Rs 0.65 million for AIDS awareness, which has to be utilised for specific activities avoiding duplication. (For more details refer Chapter 6 of Phase I RAP attached as Annex 10 in Volume n 17.6 CONSTRUCTION CAMP For large-scale construction like that of highways, construction camps should be planned to house the construction labourers. In most cases the labour force will be

Louis Berger International/Sheladia Associates/CESIICT 121 Kerala State Transport Project ll: Resettlement Action Plan - KSTP II

supplied from outside by the contractors and will stay in the camps throughout the period of construction. To meet the basic necessities of these mobile people, certain provisions should be made in the construction camps. 17.6.1 Provisions Incorporated in the KSTP Social and environmental issues during the road construction stage generally involve equity, safety and public health issues. The road construction agencies are required to comply with the laws of the land, which include the following: • Workmen's Compensation Act, 1923 (provides compensation in case of injury by accident arising out of and during the course of employment). • Payment of Gratuity Act, 1972 • Employees PF and Miscellaneous Provision Act, 1952. • Maternity Benefit Act, 1951 • Contract Labour (Regulation and Abolition) Act, 1948 • Minimum Wages Act, 1948 • Payment of Wqges Act, 1936 • Equal Remuneration Act, 1979 • Industrial Disputes Act, 1947 • Child Labour (Prohibition and Regulation) Act, 1986 • Inter-State Migrant Workmen's (Regulation of Employment and Conditions of Service) Act, 1979 • The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

• Environment Protection Act, 1986 • Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996. 17.6.2 Contract Obligations in the KSTP In addition to and in supplementation of all the provisions in the EMAP and RAP, the following equity and welfare measures will apply to the construction activities in the KSTP. First aid Accommodation Potable water Washing and bathing places Toilet Shelters for rest Creches Canteen Public safety and health/hygiene provisions. All these measures are equally important, but the health/hygiene problem assumes more importance in the context of the predominantly lone male workforce in the construction industry. These labourers playa significant role in spreading sexually transmitted diseases and HIV/AIDS. While the project has a modest budget

Louis Berger International/Sheladia Associates/CES/ICT 122 Kerala State Transport Project n: Resettlement Action Plan KSTP II

provision to generate awareness campaign against HIV/AIDS in the immediate area of the project, the contractor will be responsible to take steps to prevent the spread of HIV/AIDS in the construction camp. The HIV/AIDS action plan is in place for the KSTP Phase I roads and will be continued for the Phase n roads. 17.7 CONTROL OF CHILD LABOUR Minors, that is, persons below the age of 14 years should be restricted from getting involved in the construction activities. Measures should be taken to ensure that no child labourer is engaged in the activities. The Environment Management Plan of the individual road links discusses in detail the safeguard measures of this aspect as well as its monitoring by the Construction Supervision Consultant.

Louis Berger International/Sheladia Associates/CES/ICT 123 Kerala State Transport Project II: Resettlement Action Plan - KSTP II

VOLUME I (ANNEXURES)

ANNEX 4: Format for monthly Progress Report by the NGO

ANNEX 5: Social Impact Assessment Data Sheet of the NGO

ANNEX 6.1: Rehabilitation & Resettlement Principles and Policy Framework (The complete document as approved by the Kerala State Cabinet in August 2000)

ANNEX 6.2: Format for the micro plans Annex 6.2(a) - Title holders Annex 6.2(b) - Non Title holders Annex 6.2(c) - Cultural Properties Annex 6.2(d) - Community Properties

ANNEX 6.3: Procedure for disbursement of documentation of the R&R assistance, issued by the Finance Controller, KSTP

ANNEX 10: Chapter 6 of Phase 1- RAP - The highways Improvement and the impact of STD/HIVI AIDS

Louis Berger International/Sheladia Associates/CES/ICT 124

ADDENDUM II

KERALA STATE TRANSPORT PROJECT - II PUBLIC WORKS DEPARTMENT GOVERNMENTOFKERALA

PROCESS & PROGRESS REPORT OF IMPLEMENTATION OF ADDENDUM I & ACTION PLAN

FINAL REPORT

DECEMBER 2012

1 CONTENTS

Abbreviations

Overview 11

Chapter I Introduction 1

Chapter II R&RPolicy 9

Chapter III Institutional Arrangements - Roles and Responsibility 18

Chapter IV Process and Progress of Implementation of Addendum I 27

Chapter V Action Plan to complete ofR&R for link 41 &47 and balance activities for 7 links 45

Annexures

Annexure-l Linkwise list of affected people

Annexure-2 Photographs ofdisplaced and resettled structures

2 Overview

1. The Government ofKerala (GOK) while preparing the Kerala State Transport Project (KSTP) in 2000 with assistance from the World Bank, engaged Project Coordinating Consultants (PCC) to identify 600 krn from the 2810 krn of priority roads for upgadation. The Strategic Option Study identified 581 krns of roads for upgradation and 1000 krns of roads for heavy maintenance to be taken up for construction in two phases. Due to several reasons including delay in land acquisition, only 254 krn of Phase I road was upgraded and maintenance works for 1180 krn were carried out from June 2002 to December 2009. Even though civil works on remaining 327 krn for upgradation could not be undertaken, land acquisition and resettlement and rehabilitation of affected people continued. As a result, the preparation phase ofKSTP II coincides with the implementation of Resettlement Action Plan (RAP) for Phase II roads (Addendum I). In addition, two more links number 41 and 47 Perumpilalavu-Pattambi and Pattambi­ Perinthalmanna of 41 krn are included in the project. Hence this is an Implementation Progress Report of RAP (Addendum I) and estimates of affected people along the two links 41&47 and an action plan to implement the balance acitivities.

2. The GOK adopted a Resettlement and Rehabilitation (R&R) Policy for KSTP to address the adverse impacts arising out of this project. The efficacy of the R&R Policy motivated GOK to make it applicable to all fast track projects in the stat and after enhancement of monetary assistance on 15 November 2011, GOK developed a comprehensive state level resettlement and rehabilitation policy that is applicable to all sectors.

3. As proposed in the Addendum I, institutional mechanisms were established to implement the RAP. Steering Committee/State Level Empowered Committee decided policy matters while Project Management Team implemented and monitored the project through KSTP Divisions at the field level and Land Acquisition units at the district level. District Level Purchase Committees under the Chairmanship ofthe District Collector were established to arrive at a land value through negotiation with the PAPs. Grievance Redressal Committees were also formed at the district level to redress grievances of PAPs. NGOs were engaged to function as a bridge between the Project and the PAPs promoting participatory

3 processes in the implementation of RAP. NGOs conducted census and social survey, public consultation and provided counseling and educated the PAPs of their entitlements. They prepared microplans through consultative process, disbursed assistance and helped PAPs to resettle and rehabilitate.

4. The process of implementation of Addendum I involved information sharing and public consultation and disclosure of documents ofKSTP II, census and counseling the entitled persons of their rights and entitlements, issuing identity cards, fixing land value through negotiation with the entitled persons by the District Level Purchase Committee, preparation of microplans through participatory process, completion of land acquisition under LA Act or through direct purchase method, disbursement of compensation and assistance to titleholders and non-titleholders, grievance redress and monitoring.

5. Date of social survey by the NGO and the notification for acquisition of land under Section 4(1) of the Land Acquisition Act remained the cutoff date for the non-titleholders and titleholders respectively.

6. The census data collected between December 2000 and March 2002 showed that a total of 10,857 families would be affected of whom 71 % constituted titleholders and the remaining 29% non-titleholders. However, the verification during implementation of Addendum I revealed 91 % increase in the estimate showing the impacted families of KSTP II as 20696. Whereas over 62% of these families are marginally affected, the significantly affected families due to partial demolition of the structures constituted about 22% and the displaced families formed 15.8%. The overall impacted population by KSTP II is around 103,480 and displaced persons constituted 16,570.

7. Land acquisition proposal in the Addendum I for road widening and other improvements was for 79.05 hectares ofprivate land as well as transfer of 1.09 ha government land to PWD. Land survey for acquisition process revealed that the required land for upgradation was 121 Ha which is 52.5% above the estimated extent.

8. It is a known fact that land records are based on surveys carried out few decades ago as a result land records in the village offices were not up-dated. In the absence ofupdated or digitalized land records all survey numbers of the land

4 within the corridor of impact could not be identified. The Land acquisition notices were issued on the basis ofrecord of rights and excluded plots that were not listed in the records from the preliminary notices. This led to identification of 'missing' survey number. Requisition for land acquisition continued to exclude some survey numbers leaving gap intermittently across the link. As and when the 'missing' plot was identified, the entire process of land acquisition was initiated, resulting in loss of time that hampered progress.

9. Replacement value of the land being acquired for KSTP II was fixed in consultation with the Entitled Persons by the District Level Purchase Committee (DLPC) chaired by the District Collector. This was the most acclaimed process of empowerment in the implementation ofR&R of KSTP. In order to ensure that valuation ofproperty was done objectively and systematically, KSTP procured the services of Approved Valuers from the Institution of Engineers until KSTP personnel became capable of performing the task. Replacement value as per PWD schedule of rates without considering age or depreciation was offered for affected structures. Further, PAPs were permitted to use the salvaged materials of their old structure.

10. KSTP II affected 213 Cultural property resources. In most of the cases the compound wall or vacant land in the road frontage was affected, sparing the structures. But some 'hundis' (money collection boxes) located on encroached land in the right of way and a few shrines had to be replaced. KSTP held negotiation with the authorities of these properties and provided for the mitigation measures including enhancement of benefits as per agreement reached through negotiation.

11. Total number ofgrievances received and recorded was 1423 out of which 469 were LA references forwarded to the Sub Court as per LA Act for enhancement of compensation. Remaining 954 cases were heard and settled through the Grievance Redressal System of the project.

12. Socio economic analysis of the PAPs based in Addendum I and the findings of terminal evaluation by external consultant showed that implementation of R&R Policy enabled the project to achieve the objectives as conceived in the Operational Directive 4.12 ofThe World Bank. KSTP assisted displaced persons to improve

5 their social status, self-esteem, livelihoods and standards of living in real terms to pre-displacement. Among the displaced, majority demonstrated upward mobility which showed 130/0 increase in pucca (permanent) structures which was directly linked with the decrease in kutch a (shackle) and semi-pucca structures. Other amenities accessed by the PAFsIPDFs were, drinking water, electric connection and cooking gas showing a shift from firewood by 4.4%. The evaluation also found that the displaced families could retain their income levels and some could improve their household income due to productive use ofR&R assistance.

13. Analysis ofbudget showed an increase in the expenditure by 84% covering land acquisition and rehabilitation which is justified considering the increase in the acquired land and the delay in implementation of Addendum I which dates back to 2002. The expenditure ofLA and R&R of KSTP II which includes the balance payment due for 3.5 hectares from 566 persons is Rs.2177 million. However the amount spent from 1st January 2010 to 30th September 2012 is Rs.711 million of which R&R assistance constituted Rs.307 million.

14. The process is on-going. for land acquisition along the 7 links where implementation was RAP continued. A balance of 3.46 hectares, which is 2.85% of the total required land, is yet to be acquired and is pending as on 30th September 2012. LA and R&R process is being implemented and is likely to complete before the end of 20 12 to ensure that corridor of impact is fully in the possession of project authority. Balance of total number of entitled persons in all 7 road links, to be supported under R&R policy, is 566 and are in possession ofthe remaining 2.85% of land to be acquired. In addition, 1334 number of affected by link 41 & 47 will be resettled and rehabilitated in accordance with the policy.

15. Although implementation of land acquisition as well as resettlement and rehabilitation was started in the year 2003 for KSTP II, it could not be completed by the mid year 2012. Missed out survey numbers ofproperties from the notification under Section 4(1) of the LA Act was a major impediment which necessitated subsequent issue ofnotifications. The remaining is 2.85% ofthe total required land for which an action plan is being implemented and will be comleted by end 2012. November, 2012. For link 41&47, it proposed to acquire the land by end of2013.

6 16. Frequent turnover of project personnel including the Team leader and members of the NGOs, the Executive Engineers in the field and Land Acquisition Officers further delayed the implementation of Addendum I.

17. Lessons Learnt

• Whereas land acquisition under LA Act took around three years to complete the process, direct purchase method introduced by KSTP through negotiation with the land owners, shortened the duration by half.

• District Level Purchase Committee constituted under the Chairmanship of the District Collector emerged as a viable institutional arrangement to firm up land value through negotiation with the land owners in groups. This approach is simulated in other projects and in the new R&R Policy as well.

• Engaging Approved Valuers from the Institution of Valuers helped KSTP to improve and enhance the valuation technique.

• Providing replacement value of structures to the affected families including the use of salvaged materials helped the P AFs build structures of improved quality.

• Disclosure of project details and entitlements of PAPs as well as the grievance redressal mechanism enhanced the transparency of the project.

• Vulnerable category of project affected families and persons required preferential treatment and special package. It enabled them to improve their livelihood status.

• The Social Cell in development of the project was recognized for effectively managing the implementation of Addendum I .

7 CHAPTER-I INTRODUCTION

1.1 Prologue

Government of Kerala (GoK) launched a comprehensive fiscal reform in 2001 to bring its finances under control to reverse the trend of deteriorating state finances. In this context, GoK published a white paper on the state's finances bringing to the public attention, the unsustainable trends in the state's finances and the need to take urgent corrective action. The medium term fiscal reform programme submitted by GoK to Government of India highlighted the fact that past state expenditure policies have neglected physical infrastructure in the state's expenditure priorities, thereby lowering economic performance below its potential. The report emphasized the need to correct this policy weakness and identified road sector as the key area thereby proposing removal oftraffic bottlenecks to promote economic growth.

The State has one of the most developed and congested road networks in the country with 1550 km of National Highways (NH), 3330 km of State Highways (SH), 11320 km of Major District Roads (MDR), 3810 km of Other District Roads (ODR) and 3346 km of Village Roads (VR). The rest of the total network of 119,218 km includes roads managed by forest, irrigation and also by the three-tier Panchayati Raj Institutions. From 1992-97, the length of the State road network in the State has grown by about 11.50% and PWD road by 7.93% while its paved portion has increased from 66% to 91 %. During the same period, most of the expansion in the State road network has occurred on the low capacity Village Road Network, while State Motor Vehicle registrations have increased by about 14% per year and traffic by about the same amount. Because of high vehicle registration growth in Kerala, motor vehicles per every 100 sq.km are 5000. Although the successive five year plans the State Government provided funds for construction and road maintenance of networks in the country, the required allocations to the road sector could not be provided by the State, leaving a gap between the requirement of funds for construction and maintenance of road network and the actual allocation of funds. As a result, the quality of road maintenance suffered. Therefore the GoK undertook several initiatives such as strategic options study and the formulation of Road Development Policy to promote a sustainable road network providing connection to all cities, towns and villages and allowing safe and efficient travel between them. Kerala State Transport Project (KSTP) is the first comprehensive project which addresses 1) the network deficiencies and improving road sector financing 2) enhancing institutional capacities 3) reducing accident rates and mitigating environmental and social impacts.

The KSTP was designed to upgrade 581 km and cover 1000 km under maintenance in two Phases. However, due to several reasons including delay in land acquisition, only 254 km of Phase I road was upgraded and maintenance works for 1180 km were carried out from June 2002

8 and December 2009. Even though civil works on remaining 327 km for upgradation could not be undertaken, land acquisition and Resettlement and Rehabilitation of affected people continued. As a result, the preparation phase of KSTP II coincides with the implementation of Resettlement Action Plan for Phase II roads (Addendum I). Therefore, it is appropriate to prepare Implementation Progress Report and action plan to implement the balance activities along 7 links and link 41&47.

1.2 Urban and Rural Areas A village in Kerala has little resemblance to the characteristics of a typical Indian village. As development in Kerala is along the road, almost all villages are urbanized and are not isolated patches of habitation. As a result, the urban· rural divide in Kerala, is very thin. The official divide for the urban area (part of a city, municipality or town) and rural area in the census is based on the category and boundary of the Local Self Government (LSG) such as Corporation, Municipality and Grama Panchayat.

1.3 Special Features of KSTP

Kerala State Transport Project is not just a road project but a project of excellence with wide implication and the following special features.

1.3.1 Capacity Expansion for Primary Road Networking The project had provisions for widening and upgrading of state highways and periodic heavy maintenance of major district roads to comply with the Indian Road Congress norms. Strategies to increase the capacity included controlling encroachments and providing footpaths wherever pedestrian traffic is high.

1.3.2 Strengthening Capacity of Road Sector Institutions

The project's second component has its focus on reforming Public Works Department (PWD) of Kerala and enhancing its institutional capacity to efficiently manage and develop the agency to meet the demands of increasing infrastructure requirements. This includes restructuring of PWD and its existing service delivery functions, training engineers and administrators of the department in the modem project management techniques, quality control and use of modem technical aids and thus upgrades the PWD's capacity in project design and supervision of construction and maintenance operations. Participation of private sector consulting firms and contractors in the design, construction and maintenance of the state's roads and promotion of joint venture among international and local contractors are the methodology advocated to usher in the technological and managerial revolution in infrastructure development through exposure and training for capacity building.

1.3.3 Introducing Environmental and Social Impact Monitoring Whereas the economic benefits of road development are well established as reduced travel time, lower transport costs, increased access to jobs, markets, education and health

9 services, there is also the likelihood of negative environmental and social impacts if appropriate management systems are not adopted during the design, construction and operation stages of road development. KSTP I and II encourage adoption of environmentally and socially sound management practices to mainstream environmental and social concerns in highway projects including impact monitoring.

1.3.4 Improving Road Maintenance Management

The project also seeks to develop an effective road maintenance management system in PWD and thereby reduce the maintenance of backlog for high priority roads by implementing road rehabilitation component. It is intended to improve PWD's maintenance planning capability and budget procedures. This is to be achieved through road maintenance management study, traffic and road user surveys throughout the state and by establishing modem geographical information system (GIS) based road information and maintenance management system (RIMMS) , which is meant to lead to multi-year maintenance plans prioritized by economic criteria.

1.3.5 Improving Road Safety and Reducing Accident Risks

Road accident rate in Kerala is very high and reducing traffic accidents on roads is another objective of the project, which forms a major component. Therefore the project included measures to address road safety through immediate and long term plans such as road safety audits, identification and treatment of black spots, improving pavement conditions and providing traffic signs and road markings, improving the system of accident recording and analysis, strengthening traffic law enforcement, training road safety personnel, greater road safety awareness and interagency road safety coordination.

1.4 Selection of Project Roads

Eight road links covering 362.9 km, passing through 11 districts, constitute KSTP II. These roads had been selected on the basis of the recommendations of Feasibility Study Report (FSR) of April 2000. The FSR considered road inventory data, traffic surveys, the Economic Internal Rate of Return (EIRR), relative importance of the roads, environmental considerations and otherwise the social significance of the roads. PCC prepared the RAP for the first 7 links. The 8th link was included in 2009 and detailed census will be carried out after the designs are finalised by the DPR Consultant.

Ta bl e 21. KSTPD Roa d L'In ksfor U'pgrad af Ion Name of Road Average width SI. Required Link No Length (km) of the right of No width (m) From I To way (m) 1 Pilathara - Pappinssery 21.00 12.30 15.0 68 2 69 Kasargode • Kanhangad 24.00 17.35 15.26

10 3 74 Thalasery - Valuvapara ! 53.78 11.89 15.0

4 4 Chengannur - Ettumanoor 47.00 13.39 15.57 '

Name of Road Average width 51. Required Link No Length (km) of the right of No From To width (m) I way (m) 5 5 Ettumanoor - Muvattupuzha 40.90 13.14 15.0

6 84.1 Punalur - Ponkunnam 82.12 10.96 15.0

7 84.2 Ponkunnam - Thodupuzhci 50.10 10.54 15.0

8 41 &47 Perumbilavu-Pattambi-Perinthalmanna 41.0 10.54 15.0

- Total Length: 362.9 ,';i, " ' ;' ", ,; ;" ~ "" ". "

Based on the proposed carriageway of 7-10 meters, the required corridor width varies from 12 to 25.5 meters depending on the topography of the region and design requirement to address even road safety nonns. These roads pass through 103 villages and 45 towns of the 11 districts. The following table 1.2 gives infonnation on the number of villages along the route, names of the towns and districts against the respective road links.

Table 1.2: Names and Number of Towns and Districts of Phase II Roads Link Villages Number and Names of Towns N urn ber and Names of Districts Number

Chengannur, Thiruvalla, Changanassery, Kottayarn, Alappuzha, Pathanarnthitta, 16 8 3 4 Perurnbaikad, Kanakkari, Kottayarn Kuravilangad & Athirarnpuzha

Etturnanoor, Monipally, 5 10 4 Koothattukularn and 2 Kottayarn, Emakularn Muvattupuzha

Pilathara, Madai, Kannapurarn, 68 7 5 1 Kannur Kalyasseri & Pappinisery

Kasaragod, Udurna, Hosdurg and 69 8 4 1 Kasaragod Kanhangad

Thalassery, Eranholi, Kadirur, 74 12 7 Koothupararnba, Mattannur, 1 Kannur Uliyil and Iritty

11 Links Vii Number and Names of Towns Number and Names of Districts •

Punalur, Pathanapuram, Koodal, Kollam, Pathanamthitta, 84.1 20 9 Konni, Pathanamthitta, Ranni & 3 Kottayam pazhavangady

Kanjirapally, Pala, 84.2 13 5 Bharananganam, Ramapuram 2 Kottayam, Idukki • and Thodupuzha

Perumbilavu, Pattambi and Thrissur, Palakkad & 41 & 47 17 3 3 Perinthalmanna Malappuram

Total 103 45 11

1.5 Cut-off Date pee carried out the census and social survey between the year 2000 and 2002 for preparation of RAP. As proposed in the RAP, 6 NGOs were engaged in 2004 to implement the RAP of Phase II. After the required orientation and training, the NGOs conducted the census and social survey as part of the verification of the data provided in the RAP. The date of the social survey on a given road link by the NGO was considered as the 'cut off date for that link to identify non-titleholders who would be eligible for R&R assistance and entitlements. These included tenants, employees, squatters and vulnerable encroachers. For the titleholders (land owners), the respective date of 4 (1) Notification under the Land Acquisition Act (1894) is the cut off date. 1.6 Participatory Processes

Addendum I is based on the social impact assessment of the feasibility study, detailed social impact surveys and census of the project affected persons (PAP) and the sample socio­ economic baseline surveys and public consultations. The primary data were collected with the help of structured questionnaires and complemented by consultations of individuals and groups of PAPs and other stakeholders. pee conducted elaborate consultations at various stages starting with reconnaissance level surveys followed by scoping workshops, focus group meetings, State level workshops, follow up consultations in designing socially acceptable road designs and finally in the R&R planning and preparation of the Addendum I when key stakeholders were invited to participate in the deliberations for the formulation of the R&R

12 plans. These included the consultations with the PanchayatlMunicipal Council, Project affected persons, local leaders and elected representatives and people who are interested in the development of the state. The consultations have influenced the engineering design parameters to a large extent and have helped to minimise the negative social impacts. The social impact surveyors interviewed the family members/ owners namely, residential, commercial, agricultural and other categories of properties that were shown as affected in the preliminary engineering design. While each person in a given commercial building was enlisted as a "family" the number of families in the residential building was based on their sociological nuclear family for the purpose of entitlement. 1.7 Impact Minimizing Exercise

As private land acquisition is inevitable for the project, a number of measures had been taken to minimise land take and the displacement of people. During project preparation, emphasis was on minimising the impacts within the limitations of technical feasibility and cost effectiveness. The options considered for minimising negative social impacts included design considerations such as accommodating footpaths over drains to minimise the negative social impact with regard to both land required and road safety. Junction designs will ensure smooth traffic flow and safe driving, but care has been taken not to acquire any unnecessary extra land. Inclusion of bypasses reduced impact on buildings, thus minimising displacement of people. Public consultations and representations of aggrieved people and analysis of alternatives led to the selection of three bypasses to deviate from the congested Thiruvalla town on Link 4 (Chengannur-Ettumanoor Road), Pala and Thodupuzha towns on Link 84.2 Ponkunnam­ Thodupuzha Road. 1.8 Income Restoration Public roadsides are the main focus areas for various types of commercial transactions. A good number of traders and employees carrying out their trade on the roadsides were affected by the project. People losing their commercial units and employment therein are economically displaced persons and are equivalent to those displaced from their properties and residences. In accordance with the R&R Principles and Policy with entitlement matrix, KSTP provided transitional allowance to commercial units' owners for six months as income restoration measures. The employees received assistance equal to three month's lost income while squatters and the agricultural families received transitional allowance for six months. In addition, the wage

13 employees, agricultural families and squatters were given the option for training to upgrade their skills for better employment. The vulnerable groups were eligible for an additional economic rehabilitation support as grant to stabilise their earning capacity.

14 CHAPTER II

RESETTLEMENT AND REHABILITATION POLICY

15 2.0 Introduction

In the ongoing discourse on development and the search for a model of sustainable development, displacement has become a crucial concern. The basic assumption is that development projects require land acquisition which results in the loss of assets, impairment of livelihoods, or the physical relocation of individuals, households or community. In order to mitigate adverse effects, compensate losses, and provide development benefits to persons and communities affected by an investment project, NGOs and bilateral funding agencies advocated adoption and implementation of resettlement and rehabilitation policy by the implementing agencies of development projects. The Public Works Department of Kerala anticipating the negative impacts within the corridor of impact engaged experts to prepare an R&R Policy document for the implementation of Kerala State Transport Project in accordance with the principles laid down in the World Bank's OD 4.30 on Involuntary Resettlement (During the course of implementation the World Bank's OD was replaced with Operational Policy 4.12 on Involuntary Resettlement) the Kerala State Government approved this policy document, vide Government Order No. GO (MS) 64/2000, dated 09.10.2000. 2.1 Principles of the Policy The basic principles for addressing the adverse effects of involuntary resettlement associated with development projects are: • Involuntary resettlement should be avoided. • Where involuntary resettlement is unavoidable, all people affected by it should be compensated fully and fairly for lost assets. • Involuntary resettlement should be conceived as an opportunity for improving the livelihoods of the affected people and undertaken accordingly.

• All people affected by involuntary resettlement should be consulted and involved In resettlement planning to ensure that the mitigation of adverse effects as well as the benefits ofresettlement are appropriate and sustainable.

2.2 Broad Legal Framework

The R&R policy of the project provides for a comprehensive package of compensation and assistance to entitled persons, families and groups suffering losses as a result of the project. It provides mitigating measures for:

16 i) Loss of assets, including land, house or work place ii) Loss of livelihood or income opportunities; and iii) Collective impacts on groups, such as loss of community assets, common property resources and others. iv) Even in cases where no compensation for land is possible, as in the case of encroachers and squatters who are illegal occupants of land, the project will offer compensation and for physical structures, relocation and rehabilitation. v) The implementation of the administration of compensation will be based on specific provisions as agreed in the Addendum I

Table: 2.1 Entitlement matrix for the project affected families! persons KERALA STATE HIGHWAYS PROJECT Rehabilitation and Resettlement: Broad Entitlement Frame Work Impacts and assistance criteria Land Inside Right of Acquisition Way Non Vulnerable ~ I Non Vulnerable Vulnerable Vulnerable A. Corridor of Impact: Loss of land and other assets Support given to families and households

I Consultation, counseling regarding alternatives, and assistance in identifying new sites and v v v v opportunities. 2 Compensation for land at replacement cost, plus allowances for fees or other charges v v 3 Advance notice to harvest non-perennial crops, V V V V or compensation for lost standing crops.

4 Compensation for perennial crops and trees, calculated as annual produce value for one v v season 5 Compensation or R&R assistance for structures or other non-land assets v v 6 Shifting assistance V v .1 .1

7 Option of moving to resettlement sites (in a group of minimum 25 families) incorporating v v v v needs for civic amenities B. Corridor of Impact: Lost or diminished livelihood Support aiven to adult individuals 8 Rehabilitation and assistance for lost or diminished livelihood v v v v

17 9 • Additional support mechanisms for vulnerable

groups in re-establishing or enhancing v I • livelihood 10 Employment opportunities in connection with project to the extent possible v v v v

11 Any other impacts not yet identified, whether Unforeseen impacts shall be documented and mitigated loss of assets or livelihood based on the principles agreed upon in this Qolicy framework C. Indirect, group oriented impacts in the vicinity of the road corridor Group oriented support will be given to mitigate negative Impacts on the community, and to enhance development opportunities. Addressing traffic safety needs of pedestrians will target particular support at more vulnerable groups, for example.

# The entitlements will exclude the affected non-vulnerable encroachers but include non-vulnerable squatter.

2.3 Targeted Support to Vulnerable Groups The project through census surveys and other studies, determined who among the affected population should be considered as vulnerable or at risk. The vulnerable groups received targeted support and special attention from the project, and provided support mechanisms. Unless otherwise specifically mentioned, a person who has been designated as falling under the 'Below Poverty Line' category and earning up to 25% above the poverty level is considered a vulnerable person. Generally, the vulnerable groups included but not are limited to: a) Poor or landless people falling under the "Below Poverty Line" category; b) Members ofthe Scheduled Castes and Scheduled Tribes; c) Women-headed households; d) Orphans and destitute persons (socially disabled); and e) Disabled persons (physically disabled).

2.4 Method of Valuation of Losses The method used for valuation of affected structures, land, trees and other assets is defined in the policy and accordingly assistance is being fixed by KSTP. The compensation values of land varied according to the use pattern, place, location and level in relation to the road. Whereas the compensation for land and building is to meet the replacement cost, R&R assistance is provided to compensate all other losses, including loss of income. All losses of various assets should be compensated within the overall R&R package as per the broad entitlement framework. In the case of acquisition of land, buildings and other assets, the replacement cost was considered as per procedure laid down in the Policy. In case the replacement cost was more than the compensation at market price determined by competent authority, the difference is paid by the

18 project in the fonn of assistance. However, the entitlement of compensation and assistance will be extended to only those PAPs who are so identified on or prior to the cutoff date. Claims regarding R&R assistance were dealt by the Grievance Redressal Committee. 2.5 Evolution of Resettlement and Rehabilitation Policy KSTP being the first project to implement Resettlement and Rehabilitation Policy in Kerala, PAPs and other stakeholders including the general public keenly watched every process critically and appreciated the best efforts, principles and practices. Mass media provided good coverage about this new initiative of the Government and pointed out the limitations particularly ofthe assistances opening the flood gates ofdebates and discourses. Soon the media exposed the sad plight of persons and families affected by other development projects in comparison with KSTP and started the forum for discussion. Opinion leaders, elected representatives and NGOs advised the Government for replication of the R&R package of KSTP for other development projects. 2.5.1 R&R Policy of Fast Tack Projects Responding positively, GoK in November 2004 adopted R&R Policy of KSTP for all Fast Track Projects (FTP), vide GO (MS) No.33112004, dated 05.11.2004. Approval of the Council of Ministers was the pre-condition to confer the status of FTP to any project. Besides KSTP the other FTPs were, 1) Doubling! Gauge Conversion of Railway lines 2) Four-Ianing of National Highways 3) Vallarpadam Container Tenninal Rail and Road Connectivity 4) Development of International Airports ofThiruvananthapuram and Kozhikode. 2.5.2 Revision of R&R Assistance In 2007 GoK cleared the proposal for acquisition of land for Kannur Airport, a Greenfield project under the fast track mode. As the peoples' campaign for adequate R&R package for the affected and displaced families had already gained momentum, assistance to the displaced family was enhanced by including resettlement site of 400 M2 (10 Cents of land) and 150% ofthe structural value as per the relevant PWD schedule of rates. Again in 2009 when the Government decided to acquire 120 hectares of land to develop ' International Seaport and Container Tenninal', R&R package was revised, limiting the size of resettlement site to displaced residential families to 200 M2 in the neighbourhood with access to basic infrastructure facilities and the structure value of 125% at the PWD schedule of

19 rates. Considering the vulnerability of the BPL families and the residential squatters, minimum value ofa residential structure was fixed at Rs.300,000. 2.6 Rehabilitation and Resettlement Policy of Government of Kerala (2011)

Although several efforts were made by the state to acquire land for NHAI to widen the existing National Highways in Kerala to 45 meter width, because of organized resistance on the part of the PAPs and the public, acquisition process had to be abandoned the midway. Considering all these and the need to facilitate the emerging development projects in the State, State Government was compelled to develop a comprehensive resettlement and rehabilitation policy for projects in the state under different sectors. Thus on 15th November 2011, a new R&R Policy was issued by the State Government; vide GO (MS) 419120111RD. Government will resort to land acquisition when adequate or suitable public land is not available for any specific public purpose including infrastructure and development projects. Because of Kerala's high population density, people are likely to be displaced. Hence a comprehensive Relief, Resettlement and Rehabilitation Policy became essential. 2.6.1 Aims and Objectives of the Relief, Resettlement and Rehabilitation Policy a) The project affected persons (PAPs) are provided with a just and reasonable compensation. b) Ensure that socio-economic status of project affected persons does not fall below what it was before the acquisition. c) Transform affected persons into stakeholders of the project with their active participation in land acquisition and implementation of the project with transparency and accountability. d) Ensure that project is implemented with minimum disruption or disturbance to the daily lives of the PAPs. e) Disbursement of compensation and entitled assistance is to be made prior to dispossession ofthe assets.

2.6.2 Basic Fame work of the Policy

Land acquisition should be for a declared and established public purpose which is defined clearly right at the commencement.

1) Project proposal should indicate the total area required and justification for acquisition. Land acquisition will commence only after the approval of the project by the State Level Committee, headed by the Chief Secretary to Government.

20 2) Administrative Department should carry out Social Impact Assessment before commencement of land acquisition and clearance of the SIA report by the High Level Committee is necessary. 3) Project details are disclosed to Affected Persons (PAPs) in a fonn and manner that is comprehensible to the common man. 4) Administrative sanction for land acquisition is issued only on compliance of the abovementioned three points. 5) A District Level Purchase Committee (DLPC) would decide the classification and the value of lands through negotiations with land owners. The value of the land proposed by the DLPC would be subject to approval by the State Level Empowered Committee (SLEC). 6) Urgency clause shall be invoked only in the rarest of rare cases, with adequate justification and recommendation ofthe High Level Committee. 7) Acquired land should be utilized within three years, failing which the land will be taken over by the Government in Revenue Department and assigned for any other public purpose. 8) The compensation payable includes the land value based on a negotiated price and the value of the structures without depreciation. 9) A family rendered landless and homeless with an annual income below Rs.75,000 is entitled to three cents of land. 10) In the employment generating projects, providing jobs with pennanent income to one member ofthe ousted family may be considered by the Requisitioning Authority. 11) Those displaced from residences and without another house to stay, should be paid rent allowance for a minimum period of 6 (six) months. 12) Tenants in occupation for a minimum of 3 years who lose their source of income will be paid a one-time allowance. 13) In cases where the title is not clear or in cases where the land value decided by the D LPC is not acceptable to the land owner, further land acquisition as pennissible shall be carried out under the provision of Land Acquisition Act 1894 or NHAI Act, as the case maybe.

2.6.3 Alternate Methodologies The Government also proposes to tryout alternate methodologies for land acquisition in specific cases depending upon their applicability as per the recommendation of the Cabinet Sub Committee. • For developmental and infrastructure projects, the PAP shall also be given a chance to become shareholders in the upcoming project and offered with stocks up to the value of the land acquired in lieu of the compensation. • The LSG institutions shall give priority to the PAP tenants who were running shops and other business establishments, in assignment of commercial space in PRI run commercial complex.

21 • Where the land owner whose land is acquired, is left with less than 50% of his land and is willing to have the bahince land also acquired, Government will acquire such land and utilize it for public purpose. • In the case of every acquisition, the owner who loses his entire land will be given the option to claim either the compensation or to take 25% of the quantum of land acquired from him as compensation, in the vicinity of the project site or along the new or widened road. This will enable the PAP to get advantage of the land value appreciation that will take place with the advent of the project. 2.6.4 Resettlement and Rehabilitation Government will ensure that land owners who lose their land and other assets through land acquisition get compensation and resettlement benefits specified under each of the various categories of project.

2.6.5 Categorization of Projects For the facilitating land acquisition, resettlement and rehabilitation of PAPs, all projects are categorized into: i) Special Projects other than Roads ii) Road Sector Projects iii) National Highways and iv) Irrigation Projects.

2.6.6 Categorization of Project Affected Persons Affected persons have been categorized into various categories to identify the extent of impact in a realistic manner. Beyond the usual categorization of titleholders and non­ titleholders, the Policy has made the following exhaustive list. i) Those who lose only land and residential structures but are not residing there ii) Those who lose land and residential structures and are residing there iii) Land holders who have given their commercial structure for rent iv) Those who lose commercial structures and are themselves running the commercial establishments v) Residential tenants vi) Commercial tenants running establishments for at least 3 years vii) Employees working in commercial establishments for at least 3 years viii)Encroachers who live or run their small business or 'puramboke' land for a minimum period of 3 years. ix) Places of worship, socio-cultural and education centers.

2.6.7 Institutional Mechanism for Implementation

Each project will have a Resettlement and Rehabilitation (R&R) Cell with a Rehabilitation Officer, who will coordinate the R & R activities. In the districts, the District Collector or his representative will act as the R&R officer. The High Level Committee headed by the Chief Secretary will coordinate the R&R activities in the State. 2.6.8 Kerala Infrastructure Bonds

22 Besides the land acquisition policy adverted above, Government is actively considering a novel idea of assigning Kerala Infrastructure Bonds in lieu of compensation in full or part which may aid the PAPs to avail themselves of the hike in land price in future. This shall be assigned for study and report within six months by an expert committee since the model calls for better clarity regarding assessment of land value, transfer of bonds identifying implementing agency and the structures that need to be in place for implementing such model. 2.6.9 Proposed Compensation Package

i) Those who lose only land and! or residential structures but are not residing there: a) Land value determined by the DLPC. b) Structure value without depreciation. ii) Those who lose land and residential structures and are residing there: a) Land value determined by the DLPC. b) Structure value without depreciation. c) Rent @ Rs.5,000 per month for 6 months from the date of take over of the land or till the compensation paid, whichever is later. d) Shifting allowance of Rs 25,0001­ i) Those who lose land and commercial structures which are acquired but who are not running these themselves: a) Land value determined by the DLPC. b) Structure value without depreciation. ii) Those who lose commercial structures and are themselves running the commercial establishments: a) Land value determined by the DLPC. b) Structure value without depreciation. c) Rent @ Rs.5,000/month for 6 months d) Shifting allowance ofRs 25,0001­ iii) Residential Tenants: a) Rent @ Rs.5,000/month for 6 months b) Shifting allowance ofRs 25,0001­ iv) Commercial Tenants: One time assistance of Rs.2,00,0001- to meet all shifting charges and social costs. However, such assistance would not be provided to companies, banks, financial institutions and large shops, shopping malls, etc. v) A maximum oftwo employees working in commercial establishments who have been working for a minimum period of three years will apply only for small establishments excluding banks, financial institutions, companies, malls, etc., would be given a) Two employees of each establishment would be given Rs.6000/month for 6 months for loss oflivelihood vi) Encroachers who live or run their small business on 'puramboke' (Government) land for a period of 3 years: a) Rs 6,000/month for 6 months for loss of livelihood b) Cost of structure subject to a minimum of Rs.25,000 vii) Socio-Cultural & Educational Centers ofplace of worship: a) Land value determined by the DLPC. b) Structure value.

23 CHAPTER - III

INSTITUTIONAL ARRANGEMENTS ROLES AND RESPONSIBILITIES

24 3.1 Introduction Land acquisition for public purpose is carried out under the provisions of Land Acquisition Act 1894. Iri the case of KSTP I & II, besides the customary land acquisition proc.ess, direct purchase (DP) method was also adopted to save time. DP involved active participation of the PAPs and entitled persons in fixing the value of land through negotiation. As land acquisition in KSTP is linked with R&R Policy, implementation ofthe Addendum I involved progression of a series ofthe following 11 stages.

• Deployment and training of identified PWD staff and NGOs, sociologists and field level revenue staff.

• Issuing of legal notification under section 4 (1) for land acquisition, hearing objections, conducting land survey and sub-division works and publication of Declaration under section 6( 1) and preparation of Base Value Report.

• Verification of entitled persons (EP) and estimating their type and level of losses; Preparing a list of EPs for relocation, counselling and educating PAPs oftheir rights and entitlements.

• Fixing the replacement value of land through negotiation with the entitled persons by the DLPC and getting it approved by the SLEC

• Valuation of structures and other assets

• Preparation of micro plans as per the R&R policy and getting them approved by PMT.

• Implementation of micro plans and disbursement of assistances

• Direct purchase of land by executing sale deed or passing the award by the CoIiector, In accordance with the LA Act.

• Resettlement and rehabilitation displaced persons and families.

• Taking possession ofthe acquired land • Monitoring and evaluation of LA and the R&R implementation. 3.2 Institutional Arrangements for Project Implementation Addendum I outlined the institutional arrangements necessary for project implementation. The SteeringlEmpowered Committee at the State level made policy decisions for KSTP. Project Management Team was strengthened with Environmental and Social Cell by inducting environmental and social experts. At the field level, Executive Engineers of the three KSTP Phase-II divisions functioned as Resettlement and Rehabilitation Officers supported by PWD Engineers, NGOs and Sociologists.

2S In the implementation of LA and Addendum I, District Administration has an indispensible role. District Collectors functioned as Collector for land acquisition and Chairman of both District Level Purchase Committee and Grievance Redressal Committee. Collector is assisted by Deputy Collectors, Survey Superintendents and Special Tahsildars, Revenue Inspectors and Valuers. Further, District Level Resettlement Committee (DLRC) and District Level Purchase Committee (DLPC) were formed under the Chairmanship of the District Collector to advise, guide and monitor implementation of ,land acquisition, fix replacement value for the land and related matters on resettlement and rehabilitation. District Level Grievance Redressal Committee (GRC) was also constituted to ensure that grievances of project affected persons were heard and redressed empathetically and urgently. District Collector is the Chairman of all three District Committees.

Figure 3.1 Organogram of Kerala State Transport Project

Steering Committee State Level Empowered Committee V, Project Management Team (Technical, Social, Environmental & Finance Management)

Executive Engineer, KSTP District Collector/ District Level Purchase Division! Division level Committee/ Grievance Redressal Committee Resettlement Officer

Land Acquisition Office! District Survey I NGOs/Sociologist Field Assistants I (Assistant Engineers) I Superintendent

26 3.2.1 Project Management Team (PMT) PMT consisting of the Technical, Social, Environmental and Finance Management Cells is headed the Project Director. Project Director is responsible for overall performance of all Cells. Chief Engineer (Projects) heads the Technical Wing, Social cell is responsible for implementation of Addendum I and action plan laid down in Chapter 6. 3.2.2 Arrangements at Division Level

At the field level, Executive Engineer of the Division assisted by NGOs/Sociologists and Field Engineers implement Addendum I and provisions of Chapter 6. For land acquisition, Executive Engineer gets the support and cooperation of District Collector assisted by Special Tahsildar and his team. 3.3 Roles and Responsibilities Following table presents the roles and responsibilities of the key staff on deputation from the Public Works Department and the NGOs and Sociologists procured on contract basis and posted at the office ofthe PMT and at the KSTP Divisions. The Exception is the collegiums of Secretaries constituting the Steering and Empowered Committees and the personnel from the Revenue Department working at the district level for land acquisition under the LA units, DLPC and GRC. Table 3.1 Roles and Responsibilities of Key Staff

Committee/Staff Roles and Responsibilities

Steering Committee/ State Level • Policy level decisions Empowered Committee (SLEC) • Approval of financial commitments, budgets, estimates and expenditures • Approval of land value fixed through negotiation with the land owners by DLPC Project Director • Oversees the progress of land acquisition and R & R activities. • Conducts review meetings of KSTP at state level • Contracts cOl1sultants, contractors and NGOs for the implementation of the Addendum I and II. • Coordinates with other Government line Departments and NGOs for ensuring effective delivery of mitigation and rehabilitation support. • Approves microplans and the R&R assistance

27 Committee/Staff Roles and Responsibilities

Chief Engineer • Monitors and oversees the progress of land acquisition and RAP Implementation activities. • Participates in the district level committees to facilitate land acquisition. • Conducts review meetings at division/district level • Coordinates with other Government line Departments and NGOs for ensuring effective delivery of mitigation and rehabilitation support. • Sends requisitions for land acquisition to the Revenue Department. • Coordinates and supervises the civil works among the PWD Divisions. • Ensures that the contractor has paid the mutually agreed amount to the people for the land taken over as borrow areas. And ensure that the land is returned to the owner within the stipulated time as per the agreement and has not been made unproductive. R&R Coordinator, Social Cell, • Prepares Land acquisition and implementation plans, coordinates LA PMT and R & R implementation activities at division level with in-house field staff, sociologists and NGOs. • Makes budgetary provisions for land acquisition and R & R activities at the division level and state level. • Coordinates and conducts capacity building programmes for NGOs and in house staff engaged in R&R implementation • Prepares monthly and quarterly progress reports

• Prepares terms of reference and facilitate the appointment of external R&R Coordinator, Social Cell, agencies for monitoring and evaluation (M&E). PMT (continued) • Monitors performance of NGOs and sociologists at division level and recommends corrective measures • Monitors the progress of land acquisition, public consultations at the road link level, and grievance redressal at district level. • Convenes review meetings in consultation with Project Director/Chief Engineer at PMT level • Makes regular field visits and attends division level review meetings clears doubts and provides expert guidance. • Consolidates DLPC reports and presents to SLEC for approval • Advises Project Director and Chief Engineer on LA and R&R implementation • Scrutinizes consolidated microplans and recommends allocation of funds for LA and R&R implementation

Finance Controller and Finance • Keeps formal accounts for all project funding and prepares financial Manager (Finance Management statements for various purposes and cooperate with Government Services (PFMS) audits

28 Committee/Staff Roles and Responsibilities

Division level R & R Officer • Prepares land acquisition plans at district level and submits requisition (Executive Engineer) to District Collector. • Makes budgetary provisions for land acquisition and R & R activities at the division level. • Coordinates land acquisition activities and implementation of R & R activities with in-house field staff, sociologists and NGOs. • Consolidates the microplans prepared by the NGO on physical and financial needs and prepares implementation plans on a monthly and quarterly basis and reports to PMT regularly. • Coordinates, supervises and monitors LA and R&R activities at division level. • Liaises with district administration for support for land acquisition and implementation of R & R. • Organizes direct purchase of land after successful negotiation with the PAPs by the DLPC • Organizes timely disbursement of cheques for assistance and compensation to the entitled persons based on progress in asset acquisition/utilization based on the installments agreed upon • Convenes DLPC meetings and Grievance Redressal meetings in consultation with District Collector, the Chairman • Prepares monthly progress reports.

Division level R & R Officer­ • Chairs public consultations at the road link level and clears doubts on Executive Engineer (continued) technical and financial matters and implications. • Prepares terms of reference and facilitate the appointment of external agencies for monitoring and evaluation (M&E). • Coordinates with the NGOs appointed for the implementation of the R &R. • Organizes monthly meetings with the NGOs to review the progress on R& R. • Keeps formal accounts for all project funding and prepare for and cooperate with Government audits.

• Effects redress of grievances PAFs and PDFs related to category of land, District Level Grievance Redress perceived inadequacy compensation and assistance, disputes on extent Committee (GRC) of land being acquired, etc.

District Level Purchase • Responsible for land acquisition and R & R activities in the field. Committee (DLPC): • Keep abreast with the different categories of affected land and the District Collector: Chairman market price and Government approved fair value of each Executive Engineer: Convener • Convenes and participates in the DLPC, facilitates the reaching consensus. Members: Monitors implementation of the R&R without any room for grievances Revenue Division Officer • from PAPs. Finance Officer of Collectorate • Reports to the SLEC Deputy Collector (LA) • Reviews and revises land value based on negotiation and in response to grievance redressal. • Participates in the allotment of residential, commercial and agricultural plots.

29 Committee/Staff Roles and Responsibilities

District Level Rehabilitation • Meets regularly to review the progress of land acquisition, chaired by Committee (DLRC) the District Collector or his nominee. • Decides on the replacement value on the basis of the methodology mentioned in Addendum I. • Issues guidelines to the NGOs on replacement valuation of affected properties. • Facilitates the implementation of Government programmes in the project affected areas.

• Liaises with District Administration for dovetailing Government's income generating and developmental programs for the PAPs. Special Tahsildar, Land • Effects land acquisition based on the requisition received. Acquisition • Prepares land acquisition plans and submit to the district Collector for approval. • Coordinates the LA team and monitors the progress of land acquisition at the road links level.

Team leader • Develops rapport with the PAFs. NGO Team/ Sociologists • Implements information dissemination campaigns and distributes the translated R&R Policy to the PAFs. • Conducts census to verify the PAFs, determines the extent of loss and finalizes the list of PAFs and PDFs. • Generates awareness about the alternate economic livelihood and enable the PDFs to make informed choice. • Identifies training needs of the PDFs for income generating activities. • Establishes linkages with inter-agency, e.g., financial institutions, Govt. departments, etc. for income restoration and R&R services. • Enables the PDFs to identify the alternate sites for residential and commercial resettlement sited • Prepares estimates of the replacement value of affected properties and lost livelihoods as a tool for negotiation at the DLPC and GRC meeting. • Formulates micro-plans for the affected and displaced persons and families and submits for approval by PMT through DRO • Helps the PAFs and the PDFs implement their micro-plans and other R&R activities. • Prepares time frame for moving out to alternate locations. • Initiates discussions with the PAFs on compensation, assistance, and time frame for disbursement. • Explains the mode of payment to the PAFs. • Issuing Identity Cards for the PAFs/PDFs. • Facilitates the opening of joint accounts in local banks to transfer assistance for R&R for the PAFs. Team leader • Executes an agreement for offering commitment money. NGO Team/ Sociologists • If the replacement value is not acceptable to the PAFs and the PDFs, (continued) refer the matter to the GRC. The NGO negotiates with the PAFs/PDFs to settle the case out of court. • Participates in the disbursement of cheques for the assistance at public places, including advance commitment money. • Helps PDFs shift to alternate locations as per agreed time frame.

30 Committee/Staff Roles and Responsibilities

• Completes formalities for a given PAF and close the case. • Follow up and monitor the R&R activities of the PAFs /PDFs. • Carries out public consultations with the PAFs on a continuing basis during the implementation of the project. • Ensures that the PAFs have received their entitlements. • Participates in the meetings organized by the PMT. • Cooperates with the M&E Consultants by providing necessary information and support. • Submits monthly progress reports.

Both the project level arrangement and divisional level arrangements are necessary for the implementation of R&R activities in a coordinated manner. Although self-resettlement is promoted, for those who require special care and attention as in the case of the vulnerable, identifying and developing the resettlement sites and facilitating other R&R related activities are· being carried out by the NGOslSociologists. 3.4 Performance

KSTP II viewed land acquisition and the related resettlement and rehabilitation as two sides of a coin. Although implemented by two different agencies - the Revenue Department and the NGOs many of the activities are parallel and some of them sequentially. Going by the list of titleholders, there were at least 14,608 properties to be acquired which were divided into three divisions of KSTP II. Various activities involved in land acquisition under the LA Act, are organized into two parts which may be stretched up to a total duration of three years. The first part consists of publication of Notification under Section 4(1) up to the publication of the Declaration under Section 6 which has to be completed within one year, lest the first notification becomes null and void. Similarly the time span provided for completion of the second part, i.e., from Declaration under Section 6 to passing the Award by the Collector is two years. If the award cannot be passed within the prescribed two years, the LA process as whole becomes 'de novo' necessitating initiation ofthe LA process anew from Notification under section 4 (1).

The NGOs and Sociologists worked in parallel and in unison with the LA Units implementing RAP. However, critical R&R activities of resettlement cannot be implemented without the progress of land acquisition, such as declaration under section 6 and the award under section 11 of the LA Act. Although the first Notification under section 4 (1) was published in each of the three divisions between December 2003 and February 2004, on completion of 8 years, KSTP II could achieve only 95% of the target as several properties were missed out from the 4(1) Notifications. Tracing the missed out survey numbers and starting the LA process anew and completing the three year cycle caused all delay. Now at the end of September 2012, the

31 achievement is 98% and the attempt is to complete the remaining 2% before the end of2012. In addition, land for link 41&47 of 10.2 ha will be acquired by end of2014.

3.5 Challenges

The greatest challenge was management of large number of PAPs who are accustomed to constitute issue based 'ad hoc action council' and appeal to the highest authority. It is appropriate to cite the example of around 60 persons from two villages, who wrote to The World Bank, Washington in 2003, alleging malpractices in fixing the alignment of Link 84.1. Effective public consultation, involving the elected representatives of local self-government and disclosure of all documents including the strip maps of road alignment created an enabling environment for consultations. These complainants accepted the design and recognized that further modification would not be possible. Around 97% of the PAPs opted for direct purchase method.

It is a known fact that land records are based on surveys carried out few decades ago. As a result, the records do not reflect the ground realities. The Land Acquisition notices are issued on the basis of record of rights and exclude plots that are not listed in the records. This was the second challenge of addressing 'missing' survey number. Requisition for land acquisition continued to miss out some survey numbers leaving gap intermittently. As and when the 'missing' plot was identified, the entire process of land acquisition was initiated resulting in loss of time and making it difficult to provide continuous stretch for civil works.

The NOOs were contracted initially for 3 years and there after the contract was extended for a further period of 18 months as land acquisition could not be completed as per plans of KSTP II. The performance of NOOs was unquestionable for the first three years. However, by end of the third year NOOs faced the problem of staff turnover among the team leaders and members with experience. It had an impact on the quality of service. Several dialogues were organized in the presence of the key officials of each NOO and its team members which did not bring sustained results. To address this issue, the NOOs were replaced with professionally qualified Social Workers/Sociologists with expertise to complete the remaining task and will continue to work for the entire project period. Staff turnover in PWD and Revenue Department and managing the new entrants was extremely challenging.

32 CHAPTER-IV

IMPLEMENTATION PROCESS AND PROGRESS OF ADDENDUM I

33 4.0 Introduction As already stated in the previous chapters) Addendum I is the outcome of several studies such as reconnaissance) social impact assessment, social survey and census conducted by the PCC based on the area marked for acquisition. In order to implement Addendum I, NOOs were hired and under the direct supervision ofthe Executive Engineer ofthe KSTP Division, that was initiated in November 2003 and is going on. There is a balance of about 3% of land along 7 links to be acquired and associated R&R which will be completed before the end of 2012 and 10.2 ha for link 41 and 47 to be completed by end 2014. 4.1 Information Dissemination and Consultation The first initiative was to disseminate to the people living along on either side of the project road about the project - upgradation of the road. Meetings were organised locality-wise and the participants were given the details of the new road along with the advantages of a developed road in user friendly language. They were also informed about the potential adverse impact caused by land acquisition. In addition, information about NOOs' scope of work was also disseminated; the teams were introduced to the people; they would work to facilitate the process of land acquisition, resettlement and rehabilitation over the next three years. Further, they were informed of the principles and objectives of the R&R Policy which upholds participation of the people, transparency in the processes and procedures and accountability to the public. The assurance that all documents would be available for perusal at the Orama Panchyats, NOO's office, District Head Quarters and the KSTP Division Office and disclosure of contact persons, address and phone numbers added credibility and reduced their anxiety. 4.2.1 Affected Families Reported in RAP The census data collected between December 2000 and March 2002 showed that a total of 10,857 families would be affected of whom 71% constituted titleholders and the remaining 29% non-titleholders as shown in table-4.1 Table 4.1 Link-wise and category-wise estimate of affected families in Addendum I

Titleholders Non-Titleholders SI. Total Number of Name of Road Marginally No Displaced Families Marginally Affected & Impacted Families Affected Families (PDF) Displaced Families (PAF) I Chengannur-Ettumanoor 2060 20 1014 3094 Ettumanoor-Muvattupuzha 2 490 0 104 594

34 Pilathara-Pappinissery 3 448 6 178 632

d-Kanhangad 186 9 133 328

'r Valavupara 1206 56 665 1927 Punalur-Ponkunnam 6 2007 73 685 2765 Ponkunnam-Thodupuzha 7 1015 131 371 1517 4 Total 7412 295 3150 \0857 Percentage 68.27 2.72 29.01 100.0

4.2.2 Number of Affected Families at the Time of Implementation After necessary orientation and training, six NGO teams conducted the census and socio­ economic survey of affected families within the corridor of impact (Col) using structured interview schedules. The NGO conducted census survey including the socioeconomic profile of the family, analyzed the data and assessed the extent of loss, classified the impact and documented the same using the database management system and generated a land schedule and compared the same with the data provided in Addendum I and prepared relevant reports. Based on the analysis of the data gathered during the social survey, the NGOs categorized the PAFsl PAPs into broad categories of viz., Title holder Non-Title holder, Vulnerable, Non-vulnerable, and displaced and affected. Project Affected Families (PAFs) included owners and users of the property. Census revealed that the number of affected families increased by 91 % above the estimate in Addendum I. When titleholders and non-titleholders are considered separately the difference in non­ titleholders is slightly higher with 94.86% increase. Possibility of increase in number was primarily due to (a) PCC had stated as unknown when owner could not be identified. These unidentified and unknown land owners staying elsewhere responded when land acquisition process started, (b) fragmentation of property by partitioning of family property, (c) sales of land in the wake of real estate boom, (d) there was possible under-reporting of employees by the shop owners fearing Government action for non-implementation of labour welfare measures on their part, (e) squatters were left out from the PCC's enumeration, were subsequently identified by the NGOs, in spite of the fact that they were bona fide residents of the place for long time having house numbers possessing ration card and voter identity cards.

35 4.2.3 Extent of Impact on Families

Social survey applied the bandwidth technique to categorise the impact which was based on the extent of loss. As land acquisition is along the existing road on either side, the affected property happens to be a narrow strip of land in most cases. Those who lost less than 10% of their landed property are grouped as marginally affected families. These properties may be with or without compound walls. The second category is listed as significantly affected. This group consists of those who lost 10-20% of their property involving part of their residential or commercial structures. The third category consists of displaced families from their residence or commercial establishments or other avocations due to acquisition of land and demolition of the structures. Table 4.2 Impact on Families - Titleholders and Non-titleholders

TITlEHOLDERS NON-TITlEHOLDERS Marginally Significantly Significantly Grand 51. Name of Road Displaced Displaced affected affected TOTAL affected TOTAL Total No families Families families families families Chengannur 273 51 1 2278 2602 348 724 1072 3674 Ettumanoor Ettumanoor- 2 Muvattupuzha 1464 72 76 1612 530 431 961 2573

Pilathara- 3 1125 20 91 1236 232 166 398 1634 Pappinissery

Kasaragod- 9 63 4 381 453 360 124 484 937 Kanhangad

Thalassery- 5 2412 617 62 3091 491 1384 1875 4966 Valavupara

Punalur- 6 Ponkunnam 2231 79 89 2399 350 332 682 3081

Ponkunnam- 7 Thodupuzha 2990 110 115 3215 420 196 616 3831

8 Total 12881 1144 583 14608 2731 3357 6088 20696

9 Percentage 62.2 5.7 2.6 70.6 13.2 16.2 29.4 100.0

Average size of family in Kerala being five, total affected persons (20696 x 5) by 7 road links are about 103,480 of whom displaced persons are 16,570 and constitute 15.8% of the total impacted by KSTP-II. As Table 4.2 shows, nearly two thirds of the families are marginally affected while significantly affected families due to partial demolition of the structures constituted about 22% of the impacted population.

36 4.2.4 Detailed Analysis of Displaced Families Displaced families include both (a) titleholders and (b) non-titleholders. Titleholders formed less than one fifth of the displaced and almost all of them were self-resettled 'in situ', within the available land adjacent to the affected structure and were able to re-settle themselves. However, the non-titleholders, particularly the residential squatters had to be resettled 'ex situ' but within a reasonable distance of 500 meters to 2 kilometres from the displaced site. As the mid-term and terminal evaluation revealed and the photographs of the situation before and after resettlement show, (Annexure-2) the quality of life of the squatters improved manifold. They have become titleholders of the property with better physical amenities and enhanced their social status and self-esteem. Tenants and employees constituted 73%. All of them have been resettled in the same field and without any change in their original occupation. Tenants got themselves accommodated in the structures that came up in the locality and absorbed the employees who worked for them before. Another change induced by the R&R implementation is that commercial squatters have become tenants and their small business also improved. Details of the displaced persons and families are given in Table 4.3. Table 4.3 Category-wise distribution of families displaced by 7 Links

DISPlACED TITLEHOLDERS DISPlACED NON-TITLEHOLDERS Res & Tenants Tenants Squatter Squatters Grand 51. Name of Road Residential Commercial commercial Total Commer­ Residen Residen­ Cammer­ Employees Total No families families families cial tial tial cia I Chengannur- 4 16 17 18 51 173 a 35 9 131 399 Ettumanoor

Ettumanoor- 5 28 35 13 76 211 a 27 11 281 606 Muvattupuz Pilathara- 68 17 74 a 91 124 a a a 108 323 Pappinissery Kasaragod- 68 9 54 a 63 147 a a 1 212 423 Kanhangad Thalassery- 74 11 51 a 62 177 42 a 272 553 Valavupara a Punalur- 84.1 29 53 7 89 109 14 66 45 116 439 Ponkunnam Ponkunnam- 84.2 81 43 27 115 202 6 45 41 126 571 Thodupuzha Total 191 I 327 65 547 1143 20 215 107 1246 3278 Percentage 4.7 10.0 2.0 16.7 34.8 0.6 6.6 3.3

37 4.3 Issuing Identity Cards

On completion of the social survey, survey of the land, verification and categorization of the PAF, identity cards were issued to Entitled Persons (EP) authenticated by the Executive Engineer, KSTP. These identity cards also contained details of lost assets, their compensation and the various categories of assistance due to the EP. This and the disclosure of project details made project implementation transparent which the opinion leaders and the general public appreciated. 4.4 Preparation of Micro Plans

One of the most important tasks of the NGO was preparation of the micro plan in consultation with the PAPs. Participatory methodologies were applied to involve family members, particularly women in the family to positively assess the loss, constructively plan the resettlement and rehabilitation and effectively utilize the replacement value and other assistances. Restoration of lost livelihood, assets and opportunities was given prime importance. All efforts in the preparation of the microplan were geared towards the improvement of the standard of living utilizing the available opportunities, including upgradation of skills. Documented microplan has two dimensions. The first part of the micro plan is a case study (summarized write up of each case) and the second part is the financial aspect which quantifies all the entitlements of a PAPIPDP in monitory tenns under various heads in appropriate fonnats of microplan of Titleholders, Non-titleholders, Cultural Property or Community Property Resources, as the case could be. 4.5 Extent of Land Required for KSTP - II

Addendum I provides an estimate of 79.05 Ha for widening 7 roads links as shown in table 4.4. But without having any upward revision of the land acquisition plan or any changes in the alignment, the required land for upgradation of 7 roads of KSTP II exceeded by 52.5%. PCC's estimate and the actual statement ofthe land acquired and in the process of acquisition are presented in Tables 4.4 and 4.5. Table 4.4 Estimated extent of land and actual requirement for upgrading 7 road links

RAP's estimate of Actual requirement Difference in Link land requirement Name of Road of land (Hectares) Percentage No (Hectares) 4 Chengannur-Ettumanoor 12.16 15.3673 26.38

5 Ettumanoor-Muvattupuzha 4.09 17.8655 329.91

68 Pilathara-Pappinissery Road 3.33 6.2335 87.19

69 Kasaragod-Kanhangad Road 2.9 2.9832 2.87 74 Thalassery-Valavupara Road 15.89 25.3194 59.34

38 RAP's estimate of I Link Actual requirement Difference in Name of Road land requirement No of land (Hectares) Percentage (Hectares) 84.1 Punalur-Ponkunnam Road 23.70 17.7046 -25.30

84.2 Ponkunnam-Thodupuzha Road 16.98 35.7331 110.44 I Total 79.05 121.2066 5Z.5U ... Source: RAP Table 3.2 page 18 & T-8.2 on Page43 and LA Records ofKSTP DIVISions

PCC had stated their limitations and predicted some deficiency in the data they provided due to absence of property owners, non-availability of persons who could provide reliable data on property and other essential information. Hence they had advised on the need to update the data at the time of implementation. Land survey prior to acquisition identified substantial difference in both the extent of land acquired and the number of titleholder families affected. In order to find rational explanations for the difference, it is worth comparing the data of RAP with the data obtained through land survey. Reports on land acquisition showed that the required land for upgradation of 7 links is 52.5% more than the estimates. Perusal of land acquisition notification and discussions with key informants brought out the following points. i) Increase in the width of the corridor of impact to meet the needs of cutting and filling requirement was not shown in the strip maps. Therefore the assessment of land requirement based on the strip maps led to under estimation. ii) Technical persons of PCC supervised planting boundary stones to fix the alignment on the ground. While fixing the boundary lines, site specific decisions might have been taken to maintain required slope as well as to ensure the required corridor width based on the level of the road. This act in itself is off the record and bound to increase the estimates ofthe land requirement. iii) As the centre line of the proposed road could not be identified at the time of fixing the alignment on the ground due to the wear and tear of the road, the distance between the edge of the present carriageway and the outer line of the Col was measured from the strip maps using ordinary centimeter scale rulers and converted the millimeter in the scale to meter on the ground. Although the approach is practical, the methodology is liable to make mistakes, as approximation is involved in assessing fraction of millimeter. To be on the safe side, the approximation could have been compromised for a greater value that could have led to the higher difference.

39 iv) Another important finding is that the RoW in the old records showed availability of large tracts of land along the existing road as revenue 'puramboke'. But over the years, Government allotted these lands to persons and institutions. But change in the ownership was not updated in the revenue records. Hence village records showed outdated data which caused incorrect estimate. During land acquisition process, quite a few properties considered to be government land had already become private land. 4.5.1 Process of Land Acquisition, Resettlement and Rehabilitation Land Acquisition Act, 1894 (amended in 1984) is the law for procedures to be followed for acquisition of land by the Government for public purposes and for determining compensation. While this Act does not per se provide for mitigation measures, its Section 23 discusses compensation at market price, the market value of land being determined "at the date ofthe publication ofthe notification. II

For any land acquisition by the Government, the Land Acquisition Act under section 4(1) stipulates publication of a notification to that effect in the official Gazette and in two daily newspapers circulated in the locality. After a statutory period of 30 days for filing objections the Land Acquisition Officer (LAO) will hear objections to the proposed acquisition under section SA of the LA Act. As KSTP places special emphasis on the information dissemination process through personal contact and the audio-visual media, R&R units in each division are to ensure that each affected PAP is fully aware of the procedures and their possibilities and rights to participate in the process.

In order to proceed with the acquisition of the notified land or any portion of it, a declaration under section 6 of the Act specifying the precise boundaries of the area of the land need to be made. Every declaration is to be published in the official gazette and in two daily newspapers, which have circulation in the local areas. With the appearance of the notification under section 6 of the Act in.the Gazette, the Revenue Department issues a direction to the Collector under section 7 of the Act to issue the order for acquisition of the notified land and/or other immovable properties. Section 8 of the Act requires land to be marked out, measured and planned, while under section 9 notices are served to the concerned person stating the intention of the Government to take possession of the land and that any claims for compensation should be made to the Collector. Finally, the award of compensation is made by the Collector under

40 section 11 of the Act after enquiring into objections (if any) in pursuant to the notice given under section 9, to the measurements made under section 8 and into the value of the land on the date of publication of the notification under section 4(1). The award under section 11 is made within two years from the date of publication of the declaration and if no award is made within this period the entire proceedings of the land acquisition lapses and a fresh notification needs to be initiated. Once the award is made, the Collector takes possession of the land, which thereupon vests absolutely in the Government free from all encumbrances. Completion of these processes is expected to take about 3 years, i.e., one year from Notification under Section 4 (1) to declaration under Section 6(1) and two years from Declaration 6( 1) to award under section 11. Therefore, to cut short the long drawn process, KSTP adopted direct purchase method after publishing the Declaration under section 6 (1).

4.5.2 Direct Purchase Method

The main tool for direct purchase is the negotiation by the DLPC with the land owners in groups and on reaching a consensus an agreement is signed to register the sale deed on payment of the amount mutually agreed. However, if the owner of the land does not have the required documents to transact the sale deed, or he/she is not cooperative, the LA process will be completed till award under section 11 of the LA Act. Irrespective of the method of land acquisition, KSTP utilised the services of NGOs and Sociologists who counselled the affected and entitled persons to ensure their active participation in the implementation of the RAP. These practices led to a positive attitudinal change in the people of Kerala towards land acquisition for development projects. 4.5.3 Counselling the Entitled Persons

Anticipating the issues that accompany the land acquisition process, whether by LA process or by direct purchase, the NGOs informed the entitled persons to keep ready all required original documents necessary for receiving compensation and R&R entitlements. The process of collecting relevant documents required adequate time. In the absence of the necessary documents to prove the ownership of the property, the land acquisition office would have to proceed with land acquisition process by depositing the compensation in the Court. Situation arising from the death of the titleholder or dispute among the titleholders who jointly owned the property also caused problems in receiving the compensation Hence the PAPs were provided

41 written information well in advance to keep those documents ready for compensation. The NGO facilitated this process and implementation of LA and R&R went off smoothly. The non-titleholders (tenants, squatters, encroachers and employees) were' also counselled of their rights to the entitlements in accordance with the R&R Policy. Residential Squatters were required to produce a certificate from the village officer to prove their squatter status, that is, they do not possess any land in the village. All Non-titleholders were assisted in planning their resettlement, utilizing the opportunity to upgrade or develop new skills to improve coping capacity and their living standard as well.

4.6 Participatory Process in Fixing Replace~ent Value of Land Fixing replacement value of land was a major challenge KSTP. Land is the scarcest resource and its location is linked with opportunities. In order to systematically assess the value of land, Approved Valuers from the Institution of Engineers were engaged till the project officials learnt the process. After preparing the assessment, affected land owners of each village were grouped under specific category of land and the District Level Purchase Committee (DLPC) negotiated with each group of land owners until consensus was reached. The process of negotiation with the DLPC turned out to be an empowering experience for most of the EPs.

4.7 Time Taken to Implement Land Acquisition and R&R Processes of Phase II

Land acquisition process for Phase II started in 2004 in three KSTP divisions to which the implementation of RAP was linked. Although the LA process covering 61.43 Ha (50.77%) was completed by the end of 2006, it was realised that 1443 plots of land and properties measuring 3.5964 hectares were excluded from acquisition. Survey numbers of these properties were not included in the original list published under Section 4 (1) of the Land Acquisition Act. Hence the process had to be started again for those missed out properties. Similarly when the LA process at other villages were completed in 2008 and 2010 another 1162 properties totalling 4.58 hectares were identified to have been missed out, requiring initiation of LA process anew. Table 3.2 gives the details of LA process for each road showing the series of notifications which excludes the last tranche of 'missing' survey numbers covering 566 properties with an extent of 3.46 hectares. On an average it took a year and half to acquire land.

42 Table 4.5 Implemented schedule of land acquisition process Land Implementation Dates of Land Acquisition under LA Act (1894) Link Length Acquisition Requisition to Issue of Issue of Issue of Declaration of no. (km) Requirement Competent Section 4(1) Section 6 Section 9 Award (ha) Authority Notification Notification Notification 25-08-04 30.11.2004 25.06.05 22.11.05 23.12.05

30.11.04 01.02.05 16.01.06 30.01.06 18.03.06

02.02.05 18.05.05 13.05.07 21.04.08 12.05.08

4 47.0 14.7080 11.01.07 13.04.07 12.02.09 06.12.10 8.12.10

12.05.08 08.09.08 17.02.10 04.80.11 24.08.11

30.01.10 14.07.10 19.07.11 13.03.12 21.03.12

17.02.10 14.07.10 07.02.12 22.05.12 23.07.12

5 40.9 17.8655 30-06-04 17.08.04 20-07-05 30.08.05 11-09-05

68 20.9 2.9832 01-07-04 12.08.04 23-07-05 17-12-05 31-12-05 10.12.04 69 27.8 6.2335 30-09-04 23-07-05 17-12-05 31-12-05

74 53.1 25.3194 31-08-04 16-12-04 09-06-05 30-06-05 27-08-05

16.01.05 08.04.05 27.12.05 18.01.06 28.02.06

84.1 81.9 35.7331 28.05.05 30.08.07 28.08.09 26.07.10 10.10.10

24.06.09 31.07.09 16.02.11 19.02.12 24.07.12

31.10.04 16.12.04 31.12.05 20.02.06 09.05.06

28.04.05 26.04.06 09.08.07 01.04.08 30.04.08 84.2 50.3 35.7331 16.03.06 07.07.06 23.11.07 25.08.08 14.07.09

15.11.06 21.01.07 29.01.08 11.08.08 28.08.09

4.8 Status of Land Acquisition

Table 4.7 below presents the land acquisition status as on 30 September 2012 which shows that acquired land is 97.2% leaving a balance of2.8% which consists of 3.46 hectares. As per the recent Government Order (MS) No.182 12012/RD dated 3rd May 2012, if at the DLPC reached a consensus with the PAPs on land value, the proposal may be submitted to SLEC for approval. On getting the approval of the SLEC, award is passed and the property is taken over after payment of the agreed amount. This shortens the LA process significantly. Ninety percent of the remaining property for acquisition is at the stage of approval of the land value by the SLEC and the balance waiting for DLPC.

43 T a bl e 4 6 L an d Acq UISI. Y Ion St a t us on 30 Seplem t ber 2012 Acquisition by Acquisition Transfer of Total Land Total Link Direct Purchase through the Government Land to be Name of Road Required Extent of Land No method process of LA Act land acquired (Hectares) in possession (Hectares) (Hectares) (Hectares) (Hectares) of KSTP

Chengannur­ 15.3673 7.8199 6.9252 0.0323 14.7774 0.5899 4 Ettumanoor Ettumanoor­ 5 17.8655 7.4368 9.5887 0.1142 17.1397 0.7258 Muvattupuzha

Pilathara­ • 68 6.2335 4.4834 1.6648 0.0735 6.2217 0.0118 Pappinissery

Kasaragod­ 69 2.9832 1.5912 1.2914 0.0999 2.9825 0.0007 Kanhangad

Tha la sse ry­ 74 25.3194 9.9006 13.4245 0.4916 23.8167 1.5027 Valavupara

Punalur­ 84.1 17.7046 10.4627 6.1709 0.5971 17.2307 0.4739 Ponkunnam

Ponkunnam­ 84.2 35.7331 9.8695 25.5439 0.1645 35.5779 0.1552 Thodupuzha

Total 121.2066 51.5641 64.6094 1.5731 117.7466 3.4600

4 Percentage 100.00 42.54 53.31 1.30 97.15 2.8

4.9 Entitlements of the PAPs and Disbursement of Compensation and Assistance Project affected persons irrespective of their status as titleholders or non-titleholders are entitled to certain assistances as enshrined in the R&R Policy. These are land value at DLPC rates arrived through negotiation with the PAPs, structure value without depreciation, compensation for other improvements (trees, etc), shifting assistance to the displaced persons and families, rental allowance to those who lost their residences and transitional allowance to compensate loss/diminishing income. Approved microplans of entitled persons specified the amount due to each family. In keeping with the recommendations, joint accounts were opened in scheduled banks and the full amount of R&R assistance as specified in the approved microplan was deposited in the bank account. Disbursement of assistance to the PAPs was, however, regulated against the purchase of assets or enhancement of assets or construction of structures certified by the NGO. Such regulation ensured that assistance was used for productive purpose. Following tables presents the number of entitled persons/families to whom various entitlements were' disbursed.

44 Total amount paid to PAPs as compensation and assistance as on 30th September 2012 is Rs.2020 million. Details presented in Table 4.10. Table 4.7 Details of entitlements and the number of entitled persons/families as on 30th September 2012

Road Link Numbers Total I Entitlements number of 4 5 68 69 74 84.1 84.2 families I Total number of affected re I 1511 1233 452 2933 2247 3200 14,042 replacement value for land ~ Total number of affected received replacement value for residential 34 41 17 9 11 36 108 256 structure Total number of affected received replacement value for commercial 17 35 74 54 51 53 43 327 structure Total number of affected" received replacement value for retaining! 1217 857 322 109 617 543 629 4,294 boundary wall Total number of affected received replacement value for other 47 13 17 9 69 43 52 250 structures Total number of affected received 632 521 523 977 1037 4,044 replacement value for trees Total number of affected received 268 365 215 211 281 323 445 2,108 shifting allowance Total number of affected received 78 79 17 9 53 161 200 597 rental allowance Total number received transitional 1380 1081 492 547 2543 807 790 7,640 allowance

4.10 Prevention and Control of Highway Diseases

KSTP anticipated that developed highways help the spread of highway diseases linked with the behaviour of migrant labour force, truckers and sex workers. The RAP of KSTP had made provision to tackle this issue in terms of awareness campaigns against this problem. NOOs organised and conducted awareness programmes with the support of State AIDS Control Society. 4.11 Restoration of Cultural Property Resources

Cultural properties such as temples, churches, mosques and shrines and common property resources located along the road side were also affected by the project. Most of these common properties are owned by their respective registered "Society" or "Trust" and managed by the Committee. The project compensated their loss and provided for the enhancement of benefits of these affected properties. KSTP II affected 213 such properties. In most of the cases the

45 con:pound wall or vacant land in the road frontage was affected, sparing the structures. But some 'hundis' (money collection boxes) located on encroached land in the right of way and a few shrines had to be replaced. KSTP held negotiation with the authorities of these properties and reached mutual agreement to adequately compensate acquired assets. Accordingly KSTP II provided for the mitigation measures to the cultural properties including enhancement of benefits. 4.12 Grievance Redress Land acquisition and related rehabilitation are very sensitive issues involving emotions, besides the financial dimension. Hence grievances were anticipated and a grievance redressal system was established as an indispensable component of the institutional arrangements of KSTP with the District Collector as its Chairman. Grievances of the PAPs of KSTP-II are grouped into (i) alignment related (ii) category of land and compensation (iii) dispute on extent of land marked for acquisition (iv) inadequacy of compensation and assistances or allowances (v) protection of property (vi) restoration of access and (vii) extension of the time line for demolition. Grievances of various types brought to the notice of KSTP, redressal measures and outcome are presented in Table 4.8. Table 4.8 Grievances of PAPs and redressal measures

81. Number of Nature of Grievance Redressal Measure Outcome No PAPs Public consultations/ Convening No change in the alignment as 77 GRC, displaying strip maps and KSTP could convince PAPs 1 Change in alignment other documents High Court dismissed the 9 Writ appeal in High Court petition Land value enhanced through 616 Reconvening ofDLPC negotiation Inadequate 2 Court enhanced compensation. compensation of land Resort to LA Reference to Court 469 But in 91 % amount is less of Law than DLPC rates. Change in the Review of the category based on Category upgraded and 3 9 category of land site visit approved. Variation in the Findings of resurvey accepted 4 11 Resurvey conducted extent of land by all Acquisition of Based on site inspection report 5 2 PAP self-resettled structure GRC approved acquisition Written assurance given. Provide retaining wall Based on site inspection report 6 8 Implementation during to protect structure GRC approved the proposal upgradation work Implementation during 7 Protection of well 7 Approved protection measures upgradation work

46 Conversion of part Microplan revised and 8 valuation of structure 29 GRC approved the proposal approved to full or vice versa Inadequate Review of II and revaluation of Enhanced compensation in 6 9 compensation for the 17 6 structures cases structure Revision of the microplan based Inadequacy of I 10 43 on reassessment of vulnerability Enhanced assistance granted assistance conditions Extension oftime Review of the progress of 1-3 months extended based on II limit for demolition resettlement arrangements assessment Restoration of access Site visit and discussion with Written assurance to restore 12 to property after 21 PAPs access on demolition demolition 1423 6.2% Titleholders and 0.71 % 3.2% (478) titleholders opted for Total (100%) Non-titleholders reported legal measures (Court of Law) I grievances and got redressed 4.13 Monitoring

Implementation of Addendum I involves land acquisition, resettlement of displaced persons and families and rehabilitation of both affected and displaced persons/families. Some of these activities were implemented sequentially while certain activities can be carried out simultaneously. Listing out the activities and fixing mutually agreed target dates for completion by the stakeholder's makes implementation systematic and efficient and monitoring effective. As implementation of the project is distributed in three KSTP divisions with field staff who have clearly defined roles and responsibilities, the implementation plan is uniform for all divisions. Division level and PMT level review meetings, monthly reports and provides adequate opportunity for monitoring the project and take appropriate corrective measures. Time taken for taking possession of land is a spreadsheet used to monitor land acquisition, resettlement and rehabilitation. A strip map showing the existing road and the land acquisition process and progress on either side shown in different colours identifies at a glance where acquisition has been completed, the length of the encumbrance free stretch, the gaps in acquisition and the locations requiring special attention. Similarly, the various R&R activities from social survey and verification to microplan preparation, its approval and implementation - disbursement of assistance, resettlement and rehabilitation, etc are listed out village-wise and the achievement recorded in number and percentage made reporting and monitoring easier. 4.14 Protection of Acquired Land To protect the acquired land from encroachment, KSTP got serially numbered boundary stones planted at an interval of 20 meters along straight lines and at the curves along the boundary ofthe RoW. Sign boards were also fixed at vulnerable location warning people against

47 encroachment and displaying telephone numbers to report any attempts of encroachment. Videographs of the links were also taken with land marks for future reference. The assistance of Local Self-Governments was also requested in writing and by involving their Councils through consultation to keep the corridor of impact free from encroachment. Certain LSGs also use the funds available from National Rural Employment Guarantee Scheme to keep the COl the area clean.

4.15 Preliminary Assessment of Impact of R&R Addendum I showed that census of the PAPs and the socio-economic survey along the 7 roads links were conducted between May 2000 and February 2001. The average monthly income of the affected families of the 7 roads and the per capita income at current prices for the year 2010-11 along with the growth rate of the concerned districts are presented in the following table. Table 4.9 Average family income! per capita income statement

Per capita Income Sl. I Average Family in the District at Growth Rate at District Covered No Name of Road Monthly Income current prices Current prices (2010-11)

Alappuzha, 53,535 10.27 1 Chengannur- Pathanamthitta & 6,975 60,370 9.31 Etturnanoor Kottayam 64,648 8.47

Ettumanoor- Kottayam & 64,648 8.47 2 3,880 Muvattupuzha Emakulam 79,553 11.19

Kasaragod- 3 Kasaragod 4,372 44,572 7.97 Kanhangad

Pilathara- 4 Kannur 6,957 49,562 8.09 Pappinissery

Thalassery- 5 Kannur 7,098 49,562 8.09 Valavupara

Kollam, 7.87 Punalur- 53,595 6 Pathanamthitta & 3,481 60,370 9.31 Ponkunnam Kottayam 64648 8.47

Ponkunnam- Kottayam& 64,648 8.47 7 4,537 Thodupuzha Idukki 54,645 6.84

Source: RAP and Economic Review 2010-11, Government ofKerala

48 The infonnation in Table 4.9 when linked with the findings of the tenninal evaluation of

KSTP, it can be affinned that implementation of R&R Policy enabled th~ project to achieve the objectives of Operational Policy 4.12 of The World Bank (2002). It assisted displaced persons to improve their livelihoods and standards of living in real tenns, to pre-displacement. The tenninal evaluation appreciated positive changes in the living standards ofthe project affected families in the post-displacement period. 66% of the families belonged to forward communities while 1.34% consisted of scheduled castes (SC) and the remaining 32.66% belonged to other backward communities (OBC). There has not been any major shift in the previous occupation but identified a slight decrease in the fann labour which is in line with the general trend in Kerala, a shift from the agriculture to service sector. There has been a very significant positive change in the resource and asset base of the PAFs who acquired durable domestic assets. Among the displaced, majority demonstrated upward mobility which showed 13% increase in pucca (pennanent) structures which was directly linked with the decrease in kutcha (shackle) and semi-pucca structures. Other amenities accessed by the PAFslPDFs were, drinking water, electric connection and cooking gas showing a shift from firewood by 4.4%. The evaluation also found that the displaced families could retain their income levels and some could improve their household income due to productive use of R&R assistance. The new structures that have come up along the project roads after the acquisition tells the tale of the upward movement of PAPs in social status, asset acquisition and utilization of compensation and assistance towards development. 4.16 Budget and the Expenditure

Addendum I provided an estimate for each package to cover land acquisition, resettlement and rehabilitation. In the context of the increased extent of required land and the number of affected families, it is quite natural that the budget provisions happened to be under estimated. However, an effort is made to consolidate the payments made under various categories as compensation and R&R assistance and provide a comparison. Provision has also been made for the pending payments related to the 3.46 hectares of land as lump sum to cover cost of land and R&R assistances.

49 Table 4.10 Comparison of RAP estimate and expenditure statement

I Links 4& 5 Links 68, 68 &74 Links 84.1 & 84.2

SJ. Heads of account RAP RAP No Expenditure Expenditure RAP Estimate Expenditure Estimate Estimate (Rs Million) IRs Million) IRs Million) (RsMillion) (RsMiIIlon) IRs Million)

Compensation for 1 land acquired under 130.64 276.6 209.77 182.90 270.63 575.65 LA Act

Direct purchase of 2 0 254.9 0 202.51 0 385.84 land

3 R&R Assistance 136.06 45.0 173.49 23.5 265.37 89.89

Amount pending 4 0 55.0 0 50.0 0 52.0 payment

5 Total 266.70 664.5 383.26 458.91 536.0 1053.38

Percentage of 6 145.16 19.74 96.53 difference

Direct purchase of land involved replacement value of land and structure. A substantial amount of DP is assistance which is not accounted separately. Hence R&R assistance was reduced to 27.6% of the total allocation/estimate. Whereas the estimated amount for land acquisition, resettlement and rehabilitation was Rs.1l85.86 million, total payment made towards land acquisition and R&R assistances plus balance payments pending is Rs. 2176.79 million which exceeded the budget estimate by 83.55%. Increase in the extent of acquired land, and the number of affected families when clubbed with the delay in implementation and the inflationary factors could possibly explain this excess. It is to be noted that with the completion of KSTP-I, reimbursement of R&R expenditure

was disallowed by the Bank on 31 st December, 2008. KSTP had only 61 % ofland acquisition and related resettlement completed by then. The expenditure incurred for LA and R&R between 1st January 2009 and 30th September 2012 towards LA and R&R is Rs.711 million. Payment towards R&R alone amounted to Rs.307 million.

50 The upgradation of roads involves widening, drains, provision for safety, relocation of common services etc. for which assets will be acquired. These assets include agriculture land, structures and common property. In total 1043 number of assets will be acquired and most of them will lose a very narrow strip of the asset mostly boundary wall. Table given below provides the number of assets that will be affected.

Table 5.2 Estimated number of assets

Agriculture Homestead House Shops CPR SI. plot plot Unk No Name of Road No. (Number) (Number) (Number) (Number) (Number)

Chengannur- 96 37 1 2 0 1 4 Ettumanoor Ettumanoor- 91 5 4 1 0 2 5 Muvattupuzha

3 68 Pilathara-Pappinissery 2 1 0 0 0

4 69 Kasaragod-Kanhangad 0 0 0 0 0

Thalassery- 117 30 5 6 0 5 74 Valavupara

6 84.1 Punalur-Ponkunnam 104 47 0 1 0

7 84.2 Ponkunnam-Thodupuzha 11 I 4 0 0 0

8 41&47 Perumbilavu-Pattambi 742 19 127 146 9 Perinthalmanna

Total 1163 143 137 156 9

5.4 Land Acquisition

As mentioned before, a total of 13.66 ha of additional land is required for the project. The balance land identified for link 1-7 is primarily because of 'missed' out survey numbers from the notification to be acquired. For link 41&47, land acquisition plans will be firmed up with the finalization of the design. The acquisition in respect of the different road links is given in table below: Table 5.3 Land acquisition plan

53 Issue of Section Date of Land to be Date of Issue of 9 Notification Disbursement 51. Link publication of Name of Road acquired Section 4(I) completion Declaration of assistance No. No Section 6 & (Hectares) Notification ofDLPC of Award and taking Notification meetings possesSion

Chengannur­ 0.5899 12.01.2012 10.09.2012 10.10.2012 31.10.2012 30.11.2012 1 4 Ettumanoor . Ettumanoor­ 2 5 0.7258 16.01. 2012 25.08.2012 10.10.2012 31.10.2012 30.11.2012 Muvattupuzha

Pilathara­ 3 68 0.0118 25.07.2012 04.09.2012 10.10.2012 31.10.2012 30.11.2012 I Pappinissery Kasaragod­ 4 69 0.0007 12.12.2011 10.08.2012 27.09.2012 09.10.2012 31.10.2012 Kanhangad

• Thalassery­ 5 74 1.5027 19.02.2012 03.09.2012 28.09.2012 15.10.2012 30.11.2012 I Valavupara

Punalur­ 31.03.2012 & 6 84.1 0.4739 09.07.2012 27.09.2012 15.10.2012 30.11.2012 Ponkunnam 27.4.2012

Ponkunriam­ 7 84.2 0.1552 10.03.2011 18.08.2012 24.09.2012 15.10.2012 30.11.2012 Thodupuzha

8 Perumbilavu­ 41& Pattambi- December 10.2 July 2013 October 2013 October 2013 March 2014 47 Perinthalmann 2013 a

I

The extent of land pending acquisition amounts to 3.46 hectares which is 2.85% of the total required land for serial number 1-7 in the above table. Total number of P AFs in all 7 road links to be covered in the present tranche of final acquisition plan is 568. LA and R&R process is going on and before the end of 2012 all issues related to land acquisition, resettlement and rehabilitation would be completed to ensure that Col is fully in the possession of KSTP for serial number -7. For link 41&47 the land will be acquired and by end of 103. Land schedule of the properties which are in the process of acquisition, resettlement and rehabilitation is appended to this report as Annexures.

The process of acquisition will continue to be similar to the measures provided in Addendum I and Chapter 4 of the report.

5.4 Implementation schedule:

The implementation of R&R policy developed for the project includes various steps to ensure that the affected will at least restore their livelihood. For serial number 1-7 in table 5.3, the

54 census and social survey were conducted in parallel by the Sociologists at KSTP Divisions from the date of 4(1) Notification for the acquisition of missed out properties. Counselling the PAPs and preparation of microplan began with the publication of the declaration under section 6.1. However. the assistance will be finalized after the approval of negotiated rates by DLPC and the SLEC and disbursement of assistance will complete by end December 2012. Land owners who live either outside the state or those with dispute over the ownership will require additional period to receive the rehabilitation assistance.

For link 41&47 the schedule of implementation for land acquisition will be in parallel with the verification of affected people which is given below:

1 Publication of 4(1) Notice for Land acquisition 08.07.2013

I 2 Hearing Objections under section %A of LA Act 22.08.2013 i 3 Survey and sub-division Work 31.10.2013

4 Declaration under section 6(1) of LA Act 30.11.2013

5 DLPC meeting to fix land value 31.12.2013 I

6 Award 31.03.2014

7 Disbursement of compensation and assistance 30.04.2014

8 Resettlement and rehabilitation 31.05.2014

a. Appointment of staff at the PMT and at Division: staff mobilized. b. District level committee set-up by the State Government. Completed c. Training ofthe R&R managers. Completed. d. Translation and printing of R&R policy in local language and preparing pamphlets of R&R policy in local language. Completed e. Public consultations and creating awareness about the project amongst the PAPs from February 2013 onwards f. Distributing the R&R policy to the EPs. February 2013 g. Verification ofthe EPs. February 2013 h. Updating the census data. March 2013 1. Distribution ofIdentity Cards. March 2013 j. Opening ofjoint accounts in the name ofEP. April 2013 k. Disbursement of compensation and assistance. March 2014 onwards. 1. Relocation of displaced people. April 2014 onwards m. Training for Income Restoration. Ongoing from April 2014 onwards n. Monitor physical and financial progress. Monthly and quarterly reviews o. Prepare monthly progress reports. p. Mid Term and End Term evaluation.

55 5.5 Construction related impacts and Mitigation Plans

During the construction period, some cutting and filling is expected which will change the levels of the road creating access problem to people living in adjacent properties. These access problems can be easily solved by providing alternate access until the lost access is re­ established by placing the required slabs over the drain or by constructing earthen ramp or steps from the road to the affected property. Restoration of lost access is treated as PAP works and provisions are made in the budget. The environmental issues linked with construction such as the dust during dry season and t~e slush and flood during rainy season require careful and timely mitigation measures during construction period. Structures close to the road and properties prone to land slide also require protective measures like retaining walls are required and included in the DPR. Supervision Consultant and the Contractor are expected to deal with the situation with least disturbance to the PAPs.

5.6 BUDGET

lemeotation WB Total

56 CPRs Link-wise and Village-wise Distribution of Impacted Titleholders and Non-titleholders Total land Titleholders (TH) Non-titleholders NTH) Village acquired Total TH CPRs PAF Total PDF SAF Total SINo (Ha) SAF I PO: & NTH 9 Chittari 0.2354 I 42 78 36 25 61 139 0 10 Ajanoor 0.1666 30 ~ 8 71 38 0 38 109 0 11 Balla 0.0227 7 3 20 30 20 24 44 74 0 12 Hosdurg 0.6735 96 68 166 68 12 80 246 0

I 13 Kanhangad 0.0435 14 0 2 16 2 2 4 Total 2.8756 335 18 372 725 372 149 521 1246D=I= 14 E Link 74 1 Thiruvangad 0.6508 116 65 7 188 55 206 261 449 0 2 Eranjoli 0.6834 152 4 0 156 27 35 62 218 0 3 Kathiroor 1.5523 298 189 24 511 221 3 224 735 3 4 Kottayam 0.4865 125 10 1 136 6 30 36 172 2 5 Pattiyam 0.2973 20 4 0 24 10 12 22 46 1 6 Koothuparamba 1.2433 208 22 0 38 149 187 417 0 7 0.3279 58 17 4 79 6 17 23 102 0 8 1.3265 158 13 3 17.4 10 15 25 199 2 9 Paz hassi 2.7008 313 148 8 469 163 351 514 983 0 10 Kolari 0.5488 42 23 1 66 8 7 15 81 0 11 Chavasseri 3.4529 376 49 23 448 4 52 56 504 0 12 2.5722 153 52 11 216 26 36 62 278 0

13 Payam 1.6986 114 12 I 18 144 8 22 30 174 2 14 5.7887 201 28 21 2 13 32 45 295 5 Total 23.3300 2334 636 121 3091 595 967 1562 4653 15 , F Li.,k 84:1 " 1 Valakkodu 0.5253 62 14 1 77 7 24 31 I 108 2 2 Punnala 0.9201 15 0 15 24 24 39 4

3 Piavanthoor 0.0771 106 ! 5 111 33 7 40 151 0 4 Pathanapuram 0.6311 87 34 15 136 63 134 197 333 4 5 0.028 14 0 14 0 0 14 0 6 0.9316 140 5 6 151 46 23 69 220 4 7 Koodal 0.4843 102 3 1 106 14 4 18 124 7 8 V.Kottayam 0.2925 46 2 48 6 6 54 6 9 0.2123 51 0 51 0 0 51 2 10 Konni 0.9118 172 12 12 196 50 39 89 285 8 11 Pramadam 2.1359 228 11 21 260 26 3 29 289 5 12 Pathanamthitta 0.4542 83 0 83 11 37 48 131 10 13 1.8632 198 1 199 24 6 30 229 8 14 Ranni 2.9009 250 24 15 289 24 21 45 334 15 15 Pazhavangadi 2.1734 206 25 7 238 19 32 51 289 7

16 Chethackal 1.906 184 6 5 195 3 5 8 ! 203 13 Total 16.4477 1944 134 91 I 2169 350 335 685i 2854 95 ,:" ;' . ' " . G L:l.nJt,8J~2' . """ ,:,,';;' ,,', .:' ;;' . ,,' ',': 1 2.2450 179 1 1 181 27 7 34 215 4 2 0.4496 t 38 0 1 39 8 8 47 2

3 3.8433 266 4 8 278 9 ! 1 . 10 288 8 4 3.18804 388 9 425 102 41 143 568 12 5 3.2905 145 4 1 63 40 17 57 220 8 6 1.2434 110 6 8 124 17 5 22 146 7 Poovarani 240 3 4 247 10 8 18 265 t+­ 8 Meenachil 1.22361~ 219 3 12 234 46 11 57 291 3 Link-wise and Village-wise Distribution of Impacted Titleholders and Non-titleholders Total land Titleholders TH Non-titleholders NTH Village acquired Total TH CPRs PAF SAF PDF Total PDF Total SINo Ha) SAF &NTH 9 Lalam 3.5795 226 1 5 232 18 6 24 256 3 11 Bharanaganam 0.3751 56 0 57 7 8 15 72 2 12 Kadanadu 1.3712 52 21 13 86 2 13 0.5504 146 13 159 4 2.0738 140 9 149 0 2.8539 324 49 386 2 2.8684 146 27 174 1 2.8031 63 3 66 0 25 0 5 30 14 44 0 1.1522 14 34.4263 2690 36 155 2881 420 131 551 3432 58

Annex 5-1

PUBLIC WORKS DEPARTMENT

GOVERNMENTOFKERALA

INDIA

KERALA STATE HIGHWAYS PROJECT

REHABILITATION & RESETTLEMENT:

PRINCIPLES AND POLICY FRAMEWORK

August 2000 16

58 Kiosks Family " Assistance" for business lIThe Assistance will be paid, calculated at minimum wages disruption. for three months. 2 Where numerous vendors are Displaced, provision of a "vendors market", rent free for first six months, thereafter they would be collectively encouraged to purchase their market site. 3 For purpose of the above detail 2, only when 50 vendors are displaced, the provision will be in force. However, the PIU will decide whether such a "vendor's market" needs to be provided, on a case-to-case basis, when the number of displaced vendors is less than 50. 6A Community Common Community Conservation, protection, 1 Easily replaced resources such as cultural properties will infrastructure property compensatory replacement be conserved (by means of special protection, relocation, cohesion and resources replacement etc.) in consultation with the community. amenities 2 Loss of access to firewood etc. will be compensated by involving the communities in a social forestry scheme, in co-ordination with the Department of Forests, wherever possible. 3 Adequate safety measures, particularly of pedestrians and children; Landscaping of commumty common areas; improved drainage; roadside rest areas etc., may be provided in the design of the highways. 4 Employment opportunities in the project, if possible. 5 Loss of trees will be replaced by compensatory afforestation. 68 Host Community Enhancement of community 11 The facilities will be enhanced to meet the increasing communities resources. Replacement of demands of the host population. likely to be depleted resources 2 Compensation/assistance will be provided in the form of provision of Community, recreational, infrastructure facilities and help in organizing income-generating schemes, in consultation with the host community. 6C Any other impact not yet Unforeseen impacts shall be documented and mitigated identified, based on the principles agreed upon in this policy whether loss of framework. asset or livelihood 15

2A Livelihood Wage earning Individual Assistance equal to three I This is valid for persons indirectly affected due to the months lost income employer being displaced. 2 The loss of income will be calculated on the basis of the minimum wage. 3 Alternative Economic Rehabilitation support and training for up-gradation of skill. 2B Non-perennial Family Notice to harvest standing I They are entitled to be given a notice substantially 4 crops crops. months in advance. 2 If crop is lost grant towards crop lost before harvest due to forced relocation, equal to market value of crop lost plus cost of replacement of seeds for the next season's harvest. 2C Perennial Family crops such as Compensation at "market Compensation for perennial crops and trees, calculated as fruit trees value" annual produce value for last three years. 3A Illegal use of Encroachers Family Will receive no compensation I Encroachers will be notified a time in which to remove the ROW for land but assistance for their assets, (except trees) and harvest their crops. assets to the vulnerable 2 To meet the loss of income they will be entitled to transitional allowance, calculated at minimum wages for 6 months. Also shifting and rental allowance for six months. 3 Compensation for structures at replacement cost to the vulnerable person.

3B Sguatters Family Will receive no compensation I Facilitation/access to training, which includes equivalent for land but assistance for income generating assistance. 2 Shifting assistance and rental allowance for six months. assets. 3 Transitional allowance for six months calculated at minimum wages. 4 Economic rehabilitation support and training for upgradadtion of skills. 4 Additional Primary Family Additional assistance I Economic rehabilitation grant calculated at one year's support to source of poverty line as determined by the State BPL survey. vulnerable income ~

5A Shifting Mobile and Family They are not eligible for Ambulatory vendors licensed for fixed locations will be Business ambulatory compensation or "assistance". considered as kiosks. vendors 14

lB Private Non­ Family Compensation at "replacement 1 Compensation for loss of residential/commercial land at Property agricultural cost" or "actual market value" replacement value. land and 2 If the asset (part or full) in question IS a assets residential/commercial structure, then the replacement cost will be calculated as equivalent to the cost of provision of residential structure of area equivalent to that lost, subject to relevant "quality standards" of BSR as maintained by GovernmentILocal Bodies Authorities. 3 If the replacement cost is more than the compensation (at "market price" as determined by the Competent Authority), then the difference is to be paid by the project in the form of "assistance". 4 Transitional assistance calculated at minimum wages in the form of a grant to cover maximum six months. 5 Rental allowance for 6 months. 6 A lumpsum shifting allowance. 7 The tenants will receive the following;. • The amount of deposit or advance payment paid by the tenant to the landlord or the remaining amount at the time of expropriation, (this will be deducted from the payment to the landlord). • A sum equal to six months rental in consideration of disruption caused, and • Compensation for any structure the tenant has erected on the property. (This will be deducted from the payment to the landlord). • Absentee landlords will receive only the Compensation at "replacement cost"

IC Relocation Family Alternate plot 1. Option for residential/commercial plot at resettlement site if so opted by 25 or more number of PDPs on payment basis except for vulnerable group who will receive it free of cost. The size of the plots will be equal to the area lost or maximum up to 50 sq mt. for house and 25 sq. mt. for shop. 2. For those who chose self-relocation, the PDPs will be entitled to plots (mentioned above) even if they do not opt for resettlement sites. 13

Annexure II SUGGESTED FORMAT OF DETAILED ENTITLEMENT MATRIX: INDIA - KERALA STATE HIGHWAYS PROJECT TYPE OF UNIT OF CATEGORY ENTITLEMENT LOSS ENTITLEMENT DETAILS lA Private Agricultural Family Comllensation at "relliacement I If the replacement cost (determined as per para 7.3 of the Property land and assets (as defined in cost" or "actual market value" policy framework) is more than the compensation (at para 4.4) "market price" as determined by the Competent Authority as per para 7.3 of the policy framework), then the difference is to be paid by the project in the form of "assistance" . 2 PAPs will be explained the process and their views will be taken into consideration, while determining the market value. 3 If the residual plot(s) is (are) not viable i.e. less than MEH, there are three options to be given to the entitled person (EP) . • The EP retains the plot, and the compensation and assistance paid to the tune of required amount of land to be acquired; • Compensation and "assistance" are given for the entire plot including residual plot, if the owner of such land wishes that his residual plot should also be acquired by the project authority provided residual land is quantified less than MEH. The project authority will acquire the residual plot so paid . • IF EP is from vulnerable group, compensation for the entire land is by means of land for land if so wished by EP. 4 Transitional allowance calculated at minimum wages for 6 months, if the residual land is not viable or for 3 months when the residual land is viable 5 In case of severance of agricultural land, an additional grant of 10% ofthe amount paid for land acquisition. 6 All fees, taxes and other charges, as applicable under the relevant laws, incurred in the relocation and resource establishment, are to be borne by the project. 7 . Alternative economic rehabilitation support and training for upgradation ofthe skills. '--­ 12

Annexure I

BROAD ENTITLEMENT FRAME WORK

A summary entitlement matrix for the project is provided below: KERALA STATE HIGHWAYS PROJECT

Rehabilitation and Resettlement: Broad Entitlement Frame Work Impacts and assistance criteria Land Inside Right of acquisition Way Non Non Vulnerable Vulnerable Vulnerabe Vulnerable A. Corridor of Impact: Loss of land and other assets Support given to families and households Consultation, counseling regarding alternatives, I and assistance in identifYing new sites and ./ ./ ./ ./ opportunities. Compensation for land at replacement cost, 2 ./ ./ plus allowances for fees or other charges Advance notice to harvest non-perennial crops, 3 ./ ./ ./ ./ or compensation for lost standing crops. Compensation for perennial crops and trees, 4 calculated as annual produce value for one ./ ./ season Compensation or R&R assistance for structures 5 ./ ./ ./ ./* or other non-land assets 6 Shifting assistance ./ ./ ./ ./ Option of moving to resettlement sites (in a 7 group of minimum 25 families) incorporating ./ ./ ./ ./ needs for civic amenities B. Corridor of Impact: Lost or diminished livelihood Support 2iven to adult individuals Rehabilitation and assistance for lost or 8 ./ ./ ./ ./* diminished livelihood Additional support mechanisms for vulnerable 9 groups in re-establishing or enhancing ./ ./ livelihood Employment opportunities in connection with 10 ./ ./ ./ ./ project to the extent possible Unforeseen impacts shall be documented and Any other impacts not yet identified, whether II mitigated based on the principles agreed upon in loss ofassets or livelihood this Qolicy framework C. Indirect, group oriented impacts in the vicinity of the road corridor Group oriented support will be given to mitigate negative Impacts on the community, and to enhance development opportunities. Addressing traffic safety needs of pedestrians will target particular support at more vulnerable groups, for example.

* The entitlements will exclude the affected non-vulnerable encroachers but include non-vulnerable squatter.

These categories and support mechani'sms are described in more detail in the entitlement matrix (vide Annex II). In case of any ambiguity in provisions ofAnnex I and II the provisions of Annex II shall govern. 11

11 COST AND BUDGETING

The cost of all compensation and R&R works will be integral part of the overall project cost, which will be borne by the Project.

12 GRIEV ANCE REDRESS

Grievance Redress Cell will be formed at the District levels with representation from PAPs, ViIIage Council, PWD, Block Administration, District Administration, NGOs, representative of Panchayat and or Municipality and any other opinion leader who will look into the grievances of the local people.

13 SCOPE FOR MAKING AMENDMENTS IN THE R&R POLICY

The State Government may from time to time make amendments in this R&R Policy as and when considered necessary. IO

8.3 At the new settlement centres, civic amenities like drinking water, internal and link roads, medical facilities, schools, electricity, etc. will be provided along with any other amenities which the PDPs had at their abandoned place. Any facilities provided by the Govt. & all common resource properties being availed by the displaced and affected persons prior to the project will as far as possible be provided/continued at Government cost at the new place of their resettlement or at the old place, as the case may be.

8.4 Plots for houses/shops at the new resettlement sites will be provided to the PDPs on payment basis except for the vulnerable person who will receive it free of cost. The allotment of plot for house/shop will be in the joint name of husband and wife. Cost of registration to that effect would be borne by the project authority.

8.5 Rehabilitation assistance a) Economic rehabilitation assistance shall be provided to the affected vulnerable families; b) Transitional allowance, shifting allowance, and rental allowance shall be provided to the affected people; c) Training for upgradation of skills or those related to income generation will be provided as a part of rehabilitation assistance. 8.6 The R&R activities in respect ofthe tribals should be adapted to their needs and environment.

8.7 Customary right and land tenure system of the tribal PDPs and PAPs should be protected ..

9 MONITORING AND POST- PROJECT EVALUATION

On completion of implementation of the R&R work, project authorities shall monitor resettlement & rehabilitation of the PAPs & the host population. Such evaluation will be done annually, mid-term and end-term from the date of commencement of R&R work by external agency with the participation of the representatives of the PAPs. Suggestions made in the evaluation report will be incorporated in the RAP/revised RAP to make the R&R programmes more effective. The monitoring would be done involving project affected people in assessing results and impacts.

10 ORGANIZATIONAL STRUCTURE

The project will have an R & R Cell with one Rehabilitation Officer at the head office (Project Implementation Unit) will coordinate the R & R activities and one land acquisition officer will assist in the land acquisition. In addition, in the Division, the Executive Engineer will work as the Rehabilitation Officer and will work closely with the NGOs appointed.

The cell will be further supported by District Level Committees comprising the Revenue Officer, any other representative from district administration, representatives of PDPs/PAPs, NGOs and the Executive Engineer. The District Level Committees will assess the replacement value of the property and advise the RR cell accordingly as well as on any other matter concerning the social aspects of the resettlement.

The responsibilities of the Cell will include implementation of the RAP and monitoring and evaluation. 9

7.3 The compensation amount for the land and properties to be acquired shall be paid according to the provisions of the L A Act. For this purpose, land market surveys will be done by project authorities in association with representatives of PAPs and professional assesses. While determining the replacement cost of the land project authority will take recourse to three systems of assessment described below :­ a) Taking into account such prescribed rates or the average of the actual transaction rates of similar lands for contemporary years for which sale deeds are registered. b) Taking into consideration 20 times of the annual value of gross production of the concerned land, averaged over preceding five years. c) Fixing up market value of land equal to the minimum land value if so prescribed by the State Govt. under Indian Stamp Act for the purpose of registration of sale deeds under Indian Registration Act of 1908.

7.4 The replacement cost to be fixed up by the project authority shall be the amount which shall be the highest among the three amounts arrived at by the aforesaid three alternative methods. In case replacement cost is higher than the market value determined by competent authority the difference shall be paid in the form of assistance.

7.5 The value of the houses, buildings and other immovable properties of the PAPs including the PDPs shall be determined for the purpose of payment of compensation at the relevant B.S.R without deducting the depreciation value.

7.6 Compensation for properties belonging to the community or for common places of worship which are acquired for the project shall be provided to enable construction of the same at the new place through the local self-governing bodies.

7.7 Compensation for trees will also be based on their market value in case of timber bearing trees and replacement cost in case of fruit bearing trees as per the rates decided by the competent authority in consultation with Deptt. of Agriculture, Forest, Horticulture, Sericulture etc. as the case may be.

7.8 Compensation shall be paid and efforts will be made to complete the R&R of PAPs/POPs before taking possession of the land/properties. The POPs and PAPs shall hand over the land and properties acquired to the Government free from all encumbrances such as mortgage. debt etc., pertaining to the lands and properties acquired. However, in case of any loans, on such acquired lands and properties given to the PAP by any Govt. agency, remains unadjusted as per the information furnished by the PAPs or by the loaner agency then such amounts shall be deducted out of total compensation.

7.9 Disposal of acquired properties:

The acquired land and properties shall vest in the department/organisation paying compensation for such lands/properties.

8 RESETTLEMENT AND REHABILITATION 8.1 Agricultural land for land compensation will be provided to vulnerable persons as defined in para 4.10. Efforts will be made to allot the new agricultural land in the joint name ofthe husband and wife. 8.2 New resettlement sites or site for shopping complexes should be developed, if so opted by 25 or more number of families of PDPs or displaced shop owners, as the case may be , at one place preferably in nearby areas. However, where PDPs do not opt for such site and prefer cash, then adequate assistance towards the cost of infrastructure development will be given to the PDPs. 8

d) The social structure, nonns, customs, cultural centres, traditions, patterns of leadership and institutions of social network. e) The census surveys will prima-facie identifY tenants, sharecroppers, encroachers and agricultural day labourers. During such census survey, those PAPs are dependant on the road for their livelihood, shall also be identified and listed along with their identified income. Besides this, the survey will also identifY POPs and PAPS, the ST and S.C. populations in accordance with the S.T. and S.C. lists of the Govt., the vulnerable PAPs such as the old, handicapped, infinn, orphans and destitute.

Baseline data of the Survey should also include: a) Accurate up to date maps of the area of project; b) Analysis of social structure and income resources of the population; c) Inventories of the resources which the tribal use as well as data on their systems of economic production; d) The relationship of the tribal to other local and national groups. Baseline studies should capture the full range of production and marketing activities in which the tribal are engaged.

6.3 Resettlement and Rehabilitation Action Plan (RAP) a) The census survey, which serves to provide baseline socioeconomic infonnation about the affected persons, will be completed before initiation of the preparation for the RAP.

b) A comprehensive plan for resettlement will be drawn up in advance by the project authorities based on the socio-economic surveys. The entire plan for resettlement should be prepared by the project authorities with the participation of local representatives, NGOs, and including representatives of the PAPS. c) The RAP shall be brought to the notice of the displaced and affected persons with the help of the local NGOs, the representatives of PAPs and the host communities so that they are able to make their suggestions. d) The completed RAP will include the census of affected people, and their entitlements to restore losses, budget, institutional mechanisms and schedule of tasks, assessment of the feasibility of income restoration mechanisms and avenues for grievance redress and participatory monitoring of results.

7 IMPLEMENTATION: ACQUISITION OF LAND AND PROPERTIES

7.1 Land surveys for payment of compensation shall be done on the basis of updated official records and ground facts. The land records shall be updated relating to title/classification/current use of land expeditiously for ensuring adequate cost compensation and allotment of land to the entitled displaced persons. For detennining classification/current use of land, official records as they are on the cut-off date shall be taken into consideration.

7.2 If 75 percent or more land holding of a PAP/PDP is acquired or when the part of a land remaining after acquisition becomes economically unviable after acquisition, the owner of such land/property shall have the right to seek acquisition of his entire contiguous holding/property provided the residual land is less than MEH. 7

e) The entitlement of compensation & assistance will be extended to only those PAPs who are so identified on or prior to the cut off date. Claims regarding R&R assistance should be dealt by the Grievance Redressal Committee.

5.3 General Assistance to P.A.Ps. & P.D.Ps. a) The shifted population shall be assisted in getting their names included in voters' lists of the area of their resettlement. b) PAPs falling under vulnerable groups shall be provided suitable assistance to minimise the adverse impacts through various means will be described in depth in the RAP.

6 SOCIAL IMPACT ASSESSMENT AND RESETTLEMENT PLANNING

6.1 Corridor of Impact

Displacement under the project will be limited to the corridor required for the road and its safety zone. This corridor is referred to as the Corridor of Impact (COl), and comprises typically the total construction width, inclusive of drains/embankments, shoulders. The COl can have a different extent to the right and left from the road centre line and varies as required. Within this corridor, there cannot be any structures or other hindrances. In this project, the Corridor of Impact is defined as the full construction width and a safety zone on either side which will cover the shoulders, footpaths, drains, etc

6.2 Surveys

For proper rehabilitation of the project affected and displaced persons, social impact assessment shall be undertaken. This would help in assessing the magnitude of displacement, losses to be sustained by PDPs and PAPS, better targeting of vulnerable groups, ascertaining the cost of R&R, drawing out the rehabilitation package and administering the same.

The social impact assessment shall consist of two surveys namely: a) Census survey of 100 percent of PAPs; b) A baseline socioeconomic sample survey of 25 percent of the PAPs to establish the monitoring and evaluating parameters.

The purpose of the census is to register and document the status of the potentially affected population within the project impact area. This will provide a demographic overview of the population, and will cover people's assets and main sources of livelihood.

The baseline survey shal1 be completed prior to the date of notification under Section 4( I) of LA Act. If declaration under sub-section is not issued within the stipulated period as specified the survey will be undertaken again and the notification under section 4( I) shall be reissued.

The census survey will inter-alia include collection of information about the following: a) The resource base including land, water, and forest etc., with an assessment of its development and ecological potential in the pre-project conditions. b) The economy base of the affected people including the modes and magnitude of production, consumption pattern, related economic institutions and allocation of various productive resources. c) Household census covering immovable property owned by the PAPs and other resources in their possession/use. These surveys would be carried out in association with local and host communities as well as with the local representatives. 6

e) The policy principle is to provide R&R assistance to both PDPs and PAPs. Compensation for land, however, will not be extended to the encroachers and squatters, considering the illegal nature of their possession. f) The identification of encroachers and squatters, in case they do not possess ration cards, would be sought from voters' list, or from any other legal documents or information from the community. In the absence of any supporting legal documents, findings of the Census survey shall be relied upon. g) Efforts should be made to ensure involvement of the people and stakeholders in planning, implementation and monitoring of the project through focus group discussions, workshops at district and at state levels.

h) Copies of this document, information on its salient features or its official Executive Summary, will be displayed at the notice board of the offices of the project authority for general information to the pUblic. Policy translated in local language should be distributed to the affected people. Interested public may contact Rehabilitation Officer for further details. The Resettlement Action Plan will provide detailed information regarding the consultation process. It will take account of the fact that information must be given at different stages, repeated, and provided through different media. The consultation process planned for the project will use different types of consultation such as in-depth interviews, focus group discussions, seminars and meetings, and key informant interviews at different levels of stakeholder involvement, including: • Household representatives - men and women; • Clusters of PAPs; • Village Panchayats; • District development committee; • Other government agencies and departments. i) The project will therefore ensure that the affected population and other stakeholders are informed and consulted about the project, its impact, their entitlements and options, and allowed to participate actively in the development process. This will be done particularly in the case of vulnerable individuals and groups, who will be encouraged to choose the options which entail the lowest risk. This exercise will be done throughout the project life - during preparation, implementation, and monitoring of project results and impacts.

5.2 Compensation and R & R a) All P.A.Ps. as defined in para 4.3 shall be entitled to resettlement and rehabilitation besides compensation as stipulated hereinafter. Those PAPs who are not entitled for compensation may get R&R benefits as per their respective entitlement framework. b) The compensation for land and building shall be provided within the ambit of the L A Act and to meet the replacement value, R&R assistance will be provided. c) All losses, including loss of income, should be compensated within the overall R&R package as per the broad entitlement framework. The unit of entitlement framework shall be the family as defined in para 4.4. d) In case of acquisition of landibuildings/other assets, the replacement cost should be considered. The replacement value will be assessed as per procedure laid down in para 7.3. In case the replacement cost is more than the compensation at market price determined by competent authority, the difference is to be paid by the project in the form of assistance. 5

4.8 Income

Income of a PAP shall mean the amount of income as shown in his Income Tax Return prior to the cut-off date. In the absence of such a return, his income shall be calculated by an objective assessment applying the same method as adopted by the Government agencies for identifYing B.P.L. families.

4.9 Below Poverty line

A household whose monthly consumption expenditure is less than a designated sum as determined by the Department of Rural Development, Government of Kerala, will be considered below poverty line.

4.10 Vulnerable Person

Unless otherwise specifically mentioned in this document, a person who has been designated as falling under the 'Below Poverty Line' category and earning up to 25% above the poverty level will be considered a vulnerable person. Generally, the vulnerable groups may include but not be limited to the: a) Poor or landless people falling under the "Below Poverty Line" category; b) Members of the Scheduled Castes and Scheduled Tribes; c) Women-headed households; d) Orphans and destitute persons (socially handicapped); and e) Disabled persons (physically handicapped).

4.11 Targeted Support to Vulnerable Groups

The project will determine, through census surveys and other studies, who among the affected population may be considered as vulnerable or at risk. The vulnerable groups will receive targeted support and special attention from the project, and provided support mechanisms.

5 BROAD PROCEDURES

5.1 Basic Approach a) The project recognizes that along with the positive aspects of infrastructure development, there are also negative impacts, which include the possible loss of assets, the loss of house and shelter, and the loss of livelihood or income opportunities. Moreover, a project like this inflicts some impacts on the community as a whole, such as, loss of access to community facilities like schools and hospitals, access to water and sanitation, and access to common property resources. b) People losing their home represent a particular challenge in the resettlement program. Every effort will be made by the project to ensure that new housing is available before people are required to relocate. c) Every effort should be made during project design and preparation to minimize acquisition of land and other assets and to reduce negative socio-economic impacts. The structures/assets falling outside the Corridor of Impact would as far as possible be left undisturbed. d) If the project impact leads to people being unable to continue with their previous occupation, the project will provide support and assistance through alternative employment strategies. Longer­ term earning opportunities will be provided through strategies such as vocational training, employment counselling, inclusion in income generating schemes, and access to credit. 4

Panchayat Samiti Local Self-governing body at Block level is Panchayat Samiti.

Pattayam Land deed.

Puramboke Land Revenue land adjoining streams, rivulets, tanks, canals and roads.

President Elected head of a Grama Panchayat.

4 DEFINITIONS

4.1 Cut-off date

Cut-off date shall be the following: a) In the case of land acquisition affecting legal title holders, the cut-off date would be the date of issuing the notice u/s 4(1) of LA. Act. b) For the non title holders the cut off date will be the date of census survey

4.2 Project Displaced Person

A project displaced person (PDP) is one who is compelled to change his/her place of residence and/or workplace or place of business due to the project.

4.3 Project Affected Person

Unless otherwise specified in this Policy document, a project affected person is one who, in consequence of the project, sustains damages (a) by reasons of severing such land or (b) by affecting his/her immovable properties in any manner or (c) by adversely affecting his/her livelihood/earnings calculated by an objective assessment. The category of project affected person (PAP) includes project displaced person (PDP).

4.4 Definition of Family a) A "Family" shall mean Husband/Wife and minor children. b) Every son or unmarried daughter who has attained the age of 18 years on or before the cut-off­ date will be treated as separate family. c) Every divorced or widowed daughter living separately or with the family on or prior to cut off date will be treated as separate family.

4.5 Landless/Agricultural Labourer

A person who does not hold any agricultural land and who has been deriving his main income by working on the lands of others as an agricultural labourer prior to cut off date.

4.6 Encroacher

A person is an encroacher if he/she has trespassed Government land, adjacent to his/her own land or asset to which he/she is not entitled, and who derives his/her livelihood and housing therefrom prior to the cut-off date.

4.7 Squatter

A squatter is a person who has settled on publicly owned land for housing or livelihood without permission or who has been occupying publicly 'owned building without authority prior to the cut-off date. 3

C.P.R. Common Property Resources

EP Entitled Person

Ha Hectare

M.E.H. Minimum Economic Holding

N.G.O. Non-Governmental Organization

P.A.P. Project Affected Persons

P.D.P. Project Displaced Persons

R.A.P. Rehabilitation Action Plan

R.O. Rehabilitation Officer

R.O.W. Right of Way

R&R Resettlement and Rehabilitation

S.E.S Socio-Economic Survey

SC Scheduled Caste

S.T Scheduled Tribe uls Under Section

b) Terms

Adharam Basic record of land rights. (North Indian, Perso-Arabic derived term is Jamabandi.)

Cent A local land area measurement term, one-hundredth of an acre, equivalent to 40 sq. mt.

Corridor of Impact Width of corridor required for the construction of road and for its safety zone.

Danam Land Include lands attached with Temples (pandaramvaka), Mosques (wakj), Churches (edavaka) etc. where priests are allowed to cultivate the same without having to pay revenue to the State for the same. (North Indian, Perso-Arabic derived term is Muafi Land.)

Development Block A number of villages grouped together form a Development Block.

District Collector Administrative head of a District.

Hectare (ha) A unit measuring land area. One hectare equals 10,000 Sq. metres or 2.475 Acres.

Kale Land Low land for agriculture, especially found in the area.

Lessee A person who, not being a tenant, is allowed to cultivate land on certain terms and conditions.

Panchayat Elected local self-governing body at village level. 2

The third category represents a group impact, where group members need not be individually surveyed. Gains and losses of a group-oriented nature are not quantifiable in terms of impact on the individual. Mitigation and support mechanisms will be collectively oriented, and the monitoring will focus on impact on such groups.

2.3 All acquisition of private land would be under the Land Acquisition (Amendment) Act, 1984, which provides for compensation for the properties to be acquired. Further support will be extended under the broad principles of the policy to meet the replacement value of the assets and improve their standard of living. .

2.4 The common property resources will be replaced as far as feasible and assistance will be provided at replacement value to the group.

2.5 Major widening and strengthening work planned will take place within the ROW based on land availability, gradient, traffic and congestion of population along the road length. However, major land acquisition and many impacts are perhaps not foreseen except at locations where existing alignment may involve shifting to accommodate bypasses, geo-metrics and other cost effective improvements. Efforts will be made during implementation to minimize any disturbance in the daily activities of the local populace.

2. 6 Before taking possession of the acquired lands and properties, all compensation, resettlement and rehabilitation and related activities would be made in accordance with this policy.

2.7 AII land acquisition will be after harvest of crop.

2.8 If resettlement sites are developed as part of the project, the local "host population" should also be consulted about their views and needs. There should be no or minimum adverse social, economic and environmental impacts of displacement on the host population and specific measures should be provided in the RAP to mitigate any such impacts.

2.9 The broad entitlement framework of different categories of project-affected people shall be as per Annex 1. The suggested format for detailed entitlement matrix shall be as per Annex II. The assistance specified in the entitlement matrix will be adjusted to reflect the annual inflation rate.

2. I 0 During project implementation, the resettlement program will be coordinated with the completion of designs and the likely timing of civil works. The project will provide adequate notification, counselling 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.

2.11 The project will ensure that civil works are not started on any road segment before compensation and assistance to the affected popUlation has been provided in accordance with this policy framework.

3 ABBREVIAnONS AND TERMS

Following abbreviations and terms will be found used both in the policy and the RAP: a) Abbreviations:

B.P.L Below Poverty Line

B.S.R. Basic Schedule of Rates

C.G.1. Corrugated Galvanised Iron

C.0.1 Corridor of Impact KERALA STATE HIGHWAYS PROJECT

REHABILITATION & RESETTLEMENT: PRINCIPLES AND POLICY FRAMEWORK

1 INTRODUCTION The Government of Kerala is preparing the state highways project. The aim of the project is to improve and strengthen the state's transport network.

Apart from the positive aspects of the road upgradation, the project may cause people to lose productive land or house plots, structures, wells, trees or other assets or to lose income otherwise. The policy recognizes those people who are likely to be affected by the upgradation and widening of the road network and support mechanisms are proposed to be provided accordingly.

This document describes the principles and approaches to be followed in minimizing and mitigating negative social and economic impacts caused by the project. It provides the basis for a detailed and time-bound Resettlement Action Plan (RAP), which will be prepared for the project. The RAP will contain the details of census, baseline socio-economic surveys of the potentially affected population undertaken during the preparation of the project, mitigation measures, implementation arrangement and plans, budget, monitoring and evaluation parameters.

2 BROAD PRINCIPLES

2.1 These guidelines are prepared to address the issues related to the Kerala State Highways Project for resettlement & rehabilitation (R&R) of the project affected persons (PAP). The guidelines outline the range of assistance in re-establishing their homes and livelihoods in the course of the implementation of the project. The avoidance of involuntary resettlement is an integral part of the project design but will be dealt with from the earliest stages of the project preparation. The broad principles of the R&R policy are as below: a) The negative impact on persons affected by the project should be avoided or minimized, exploring all viable alternative project designs. b) Where the negative impacts are unavoidable, the project-affected persons should be assisted in improving or regaining their standard of living. c) People's participation should be undertaken in the planning and implementation of the project. d) Positive impacts will be enhanced as far as possible.

2.2 The project will broadly have three impacts that require mitigation measures. They are:

a) Loss of assets, including land and house; b) Loss of livelihood or income opportunities; c) Collective impacts on groups, such as loss of common property resources.

The first two categories represent direct project impacts on an identified population. The people likely to be affected by the project will be surveyed and registered, and project monitoring and evaluation will compare longer-term impacts against baseline socio-economic data. Table of Contents

1. INTRODUCTION ...... 1

2. BROAD PRINCIPLES ...... 1

3. ABBREVIATIONS AND TERMS ...... 2

4. DEFINITIONS ...... 4

5. BROAD PROCEDURES ...... 5

6. SOCIAL IMPACT ASSESSMENT AND RESETTLEMENT PLANNING ...... 7

7. IMPLEMENTATION: ACQUISITION OF LAND AND PROPERTIES ...... 8

8. RESETTLEMENT AND REHABILITATION ...... 9

9. MONITORING AND POST - PROJECT EVALUATION ...... 10

10. ORGANIZATIONAL STRUCTURE...... 10

11. COST AND BUDGETING ...... 11

12. GRIEVANCE REDRESSAL CELL...... 11

13. SCOPE FOR MAKING AMENDMENTS IN THE R&R POLICY ...... 11

Annexure I ...... ,.. ", ...... 12

Annexure 11...... 13

9. Vulnerable conditions of the PAPs ( if I any - describe)

Signature of the interviewer with name, designation, date, and place)

LBII/SAICES/ICT Page 5 of5 1.What supports do you expect for the resettlement if it is necessary

2. What rehabilitation supports are envisaged for this case and reasons thereof?

3.Is any member of the H.H chronically ill? Yes/No 3.a. If Yes furnish the details

Name of the Nature of disease/illness Treatment Average monthly cost member taken­

3. Income and facilities of the Household Income item Income amount

1. Income from regular job 2. Income from other business

3. Income from other family members

4. Income from assets

5. Income from crops

6. Type of building Kutchal puccal

7. Electronic and electrical goods in (List out) possession of the family

8 Other Infra structure facilities available Latrinelbathroom/ drinking water facility / to the family electrification etc

LBIIISAICES/ICT Page 4 of4 Source Amount borrowed Details of the Bank Outstanding (Rs) payment(Rs) Is the affected land! property mortgaged in any Bank (name) Given on lease to private party

Others (specify)

G. Details of indebt ness

H. Other Assets Getting Affected:

Assets Affected Units within the COl Water Tap

Wells

Hand pumps

Pump house

Any other:

I. Owner's and Tenant's Response with regard to Structure:: 1. How old is the structure (in years)? ...... 2. What is the market value of this structure today? ...... 3. Are you a tenant occupying this structure? ...... 1. Yes 2. No 4. Ifyes, name of the tenant: ...... 5. How long have you been living in this structure? ...... 6. If a commercial shop, what type of business do you do? ...... 7. What is the total income from business? ...... 8. How many business partner(s) do you have, ifany? .... 9. Usage of structure: I. Shop 2. Godown 3. Workshop 4. Office 10. How many helping hand do you have, ifany? ...... II. Did you pay any adjustable/returnable advance money? I. Yes 2. No 12. Does the structure have electricity connection? 1 .Yes 2. No

13. Does the structure have water connection? ... I. Yes 2. No.

14. Expected Benefits:

LBIIISNCES/ICT Page 3 of3 D. Land Tenure:

1. Type of land ownership: 1. Owner 2. Tenant 3. Encroacher 4. Squatter 2. Do you have legal documents for your type of ownership? ...... l. Yes 2. No 3. If not owned by head of HH, name and postal address of the owner:

2 E. Land and property affected (please convert local unit for area into m )

Description Area Details

Total area of immovable property owned by the Residential plot! commercial plot! PAP mixed plot! agri plot /fallow land

Total property area affected by the project

Total area of the Structure Compound walV residential building /shop /institutions/other

Property area affected by the project

Area of land encroached, if any With structure/without structure

Area and number of trees and category in the affected Area

F. AgriculturelPlantation:

Type of crop Area cultivated Annual yield Cost of labour Total income (kg/para/count) and fertilizer (horizontal) Rice Tapioca Ginger Banana, areca nut, pepper Pineapple Pepper only Coffee/ tea Nut meg Coconut Rubber Areca nut only Teak Other (specify)

LBIIISA/CES/ICT Page 2 of2 Annex 5 KERALA STATE TRANSPORT PROJECT

SOCIAL IMPACT ASSESSMENT DATA SHEET Of THE NGO

Schedule Serial No. in Computer: Chainage: ...... Name and Signature of Interviewer: Date of interview: Name and signature ofSupervisorlCoordinator: ......

A. General Identification Link No.: ...... Road Code: ...... Road Section: ...... District: ...... Town: ...... Panchayat: ...... Village: ......

B. Property Identification I Revenue Survey No.

I. Address of the property identified: ...... 2. Use of property: I. Residential 2. Commercial 3. Res-Comm 4. Govt. Office 5. Agri 6. Othrer .... 3. Status ofthe user of the property: I. Owner 2. Tenant 3. Encroacher 4. Squatter 4. Name of owner of the property: ...... Occupation: ...... 5. Name of the user ofthe property: ...... 6. Name of the respondent: ...... Relationship with the User ......

7. Status of the property owner luser: I. Vulnerable 2. Non- vulnerable

7a. If Vulnerable in what way I. BPL 2. SC 3. ST 4. Disabled 5. Women Headed& BPL

7b. IfBPL what is the criteria adopted for the classification: I.Ration card -2. IRDP List 3.Kudumbashree­ Group 4. Other Physical conditions 7c. If disabled or chronically ill define

8. Since how many years living in this structure? ......

C. Details of the members of the HouseholdlCommercial enterprise I. Total Number of affected persons connected to this property: ...... Male: Female: 2. Details of Household member I Commercial employees: Educ Occupation Monthly Remar Name Marital I Rei. to Age~ ation Income ks ~ stat Main sub 2 3 4 5 6 7 8 @J C-l: Social Group Particulars: Religion - I. Hindu 2. Muslim 3. Christian 4. Other (please specify): ...... 5 Scheduled Castel Scheduled Tribe/ Other Backward Caste:

LBIIISAlCESJICT Page I of 1

6. Additional details for the above columns (add more pages if necessary)

7. Signature ofthe Team Leader with date ......

5 5. Other Resettlement and Rehabilitation activities (use separate sheet for village)

------­ Status SI. No. R&R Activity list Priority villages Remarks TH NTH 1. Identity cards issued

2. Bank account opened

3. R& R assistance transferred

4. House construction started

5. Construction of commercial units started

6. Construction of cultural properties

7. Skill development training

8. Awareness on HIV IAIDs programmes

9. Resettlement sites identified

10. Resettlement agreements signed

11. Income generation activities

12. Grievance Redressal committees meet

13. Public consultations

4 4. Financial proposals worked out under R&R activities (priority village wise totals) use separate sheets for each village

------SLNo R&R Assistance Total no of cases Total amount Amount disbursed

1. LA compensation for land and structure

------­ Difference between LA compensation and 2. replacement value

3. Other R&R special assistance a) ERG ------­ b) Transition allowance c) Loss of wages due to shifting d) Shifting Assistance ------­ e) Training Assistance f) Purchase of land for vulnerable g) Documentation Charges h) Rental Assistance Replacement value of structure to i) vulnerable squattersl encroaches j) Site development assistance

k) Assistance to squatter for assets l) Any other

3 3. R&R Activities (village wise cumulative totals as on date) use separate sheets for each village

Status of Details of micro plans Status of SL Priority Status Replacement Cultural Community Micro Plan TH NTH Vulnerable No Links ofLA Valuation Property Property AF DF AF DF AF DF AP DP AP DP

2 Annex 4 KERALASTATETRANSPORTPROJECT RESETTLEMENT & REHABILITATION ACTIVITIES MONTHLY PROGRESS REPORT

Month Reporting ...... •.. Name of the NGO •...... , •.•...•..••...

1. Details of Roadsl Packages entrusted

Chainage (villa2e wise) Total length in I SLNo Package Link No Name of Road Name of villages From To Km (village wise) ------­

------­ ------­

------­ ------­

------­ ------­ ------­

2. Survey Details of PAPs

------­ Details of the survey Status of survey ------­ Priority Links Cultural Community SLNo verification TH NTH Vulnerable (village wise) Property Property (village wise) AF DF AF DF AF DF AP DP AP DP

---­

~~ ~ ~ -­ ~~ ...

VOLUME I (ANNEXURES)

ANNEX 4: Format for monthly Progress Report by the NGO

ANNEX 5: Social Impact Assessment Data Sheet of the NGO

ANNEX 6.1: Rehabilitation & Resettlement: Principles and Policy Framework (The complete document as approved by the Kerala State Cabinet in August 2000)

ANNEX 6.2: Format for the micro plans Annex 6.2(a) - Title holders Annex 6.2(b) - Non Title holders Annex 6.2(c) - Cultural Properties Annex 6.2(d) - Community Properties

ANNEX 6.3: Procedure for disbursement of documentation of the R&R assistance, issued by the Finance Controller, KSTP

ANNEX 10: Chapter 6 of Phase 1- RAP - The highways Improvement and the impact of STD/HIVI AIDS Kerala State Transport Project The Highways Component Annex 3.2

23 = retaining wall, 1/2 under cable-duct 24 = retaining wall, in cut-section, after 2.5m footpath or drain 30 = gabion, after cable-duct or drain 31 = gabion, after 2.5m footpath 40 = s lap on earth drain • With all these options the final ROW is finalized and with the same, setting out of ROW is done in the field.

Fig: 1

Fig: 2

Fig: 3

Fig: 4

Louis Berger IntemationallSheladia Associates/CES/ICT Resettlement Action Plan Kerala State Transport Project The Highways Component Annex 3.2

Procedures Adopted for the Engineering Design

• The engineering survey was carried out through topographical survey in the field to collect the existing features 15m on either side of centreline of existing road. They are submitting the raw data and AutoCad drawing. The raw data is in the following format.

Point No: Easting Northing Elevation Code or Comment • This data is inputted in to the Design Software CAROIl to get the base map. • At this stage the alignment is designed for 65 kmph speed in rural areas and 40 kmph speed in urban areas. The minimum radius is 155m and 66m respectively. • Basically there are four types of cross sections, namely, Type 10, Type 30, Type 40, and Type 43. • Type 10 (Fig: 1) is used for urban and semi-urban areas as well as for educational and religious areas. • Type 30 (Fig: 2), Type 40 (Fig: 3), and Type 43 (Fig: 4) are used for rural areas. • Type 10 has a provision for footpath as well as drain and cable duct. • Type 30 provides for covered drain beyond the shoulder. This covered drain can be used as footpath. • Type 40 is provides for open drain beyond the shoulder. This is used mostly in open areas without any habitation or where habitation is minimal. • Type 43 is without drains. This is used at embankments and bridge approaches. • Horizontal and vertical alignments are designed (Preliminary Alignments) keeping in view the above design parameters. Wherever possible the existing alignment is improved with the greater geometric standards and some realignments are also proposed. During this preliminary design exercise an approximate type of cross section is applied by examining the base map. The ROW is obtained with the application of software. • With all this information, the social survey team is given a printout of the preliminary design and they proceed to the field to do the social survey and strip mapping on the preliminary engineering design. • Meanwhile, the engineering design team goes to the field with the preliminary design to check the feasibility of the horizontal and vertical alignments and comes with some more proposals or go back to the existing position due to non-feasibility in field condition. The exact types of cross sections are decided at this stage in the field and the same are noted in the drawings and subsequently incorporated in the final design. • The preliminary alignment is modified with the field corrections to get the final design. • If there are realignments then the survey team will carry out topographical survey in the field to collect the existing features and for this also social survey is carried out. • At the stage of final design exercise some more engineering options are used to limit the land acquisition, thereby saving the affected properties as much as technically feasible. • The options are 00 normal 05 side road 10 vertical cut-line, after cable-duct or drain 11 Vertical cut-line, after 2.5m footpath 20 retaining wall, after cable-duct or drain 21 retaining wall, after 2.5m footpath

Louis Berger Intemational/Sheladia Associates/CESlICT Resettlement Action Plan Kerala State Transport Project Resettlement Action Plan Annex 3.1

• Try to avoid removing old tropical hard wood trees.

• A void taking of wetlands wherever possible.

• While all the parameters mentioned above are ideal, it is also noted that it is not necessary that the engineering design should protect everything. If something cannot be protected, the Environmental Impact Assessment is required to document why it was not possible to save/protect the facility in question.

• Introduce appropriate speed limits on all densely developed sections, possibly in association with speed reducing humps with signing. Speed humps should be designed to allow the comfortable passage of vehicle travelling under the speed limit.

Design Guidelines for Minimising Negative Social Impacts Page 2 of2 Kerala State Transport Project Resettlement Action Plan Annex 3.1

Engineering Design Guidelines for Minimising Social and Environmental Impacts

To minimise the negative social impacts, some of the basic principles guiding the engineering design of the project roads are:

• Limit the upgrading activities within the existing road corridor, making maximum use of traffic engineering methods when the road passes through heavily congested areas, such as an organized market place or dense housing clusters. This action minimizes both the social and, economic impacts.

• Leave cultural property sites, such as temples, churches, mosques, shrines, sacred groves, graves or cremation grounds, and archaeological sites untouched in the design of the road alignments. Where it is essential to acquire part of cultural property sites such taking must be limited to outer courtyards and frontage without taking any part of the sanctuary building. Gates, arches, stairways, etc. may need to be replaced.

Implementing this parameter will be easier following the preliminary design, when the social-environmental strip mapping exercise is complete and which would identify every structure and the land use of the project roads.

• Upgrading/widening on one side is preferable - it limits land take and building demolition to one side only and reduces costs.

People thus affected may demand land take on the other side as well. Public hearings should take care of this aspect.

• While doing the above, care be taken to avoid taking agricultural land as much as possible. The screening surveys and site visits facilitated this to some degree. The social-environmental strip mapping identified the land use of the project roads.

The taking of rubber plantation land will have the least impact. The price of rubber having fallen in recent years, the cost of acquiring such land would also be less than other productive land.

• Avoid rice paddies as far as possible. It may be necessary to develop an equal area of paddy. It will probably be necessary to build retaining walls to reduce the erosion of paddy fields.

• Try to avoid splitting fields. If fields become unviable, compensation will need to be paid for the whole field. One of the major problems of new routes is the securing ofland ownership.

• While attempting to ease curves, minimize the amount of property and number of homes to be affected.

Design Guidelines for Minimising Negative Social Impacts Page I of2 K. Perception about the Project • Do you think it is necessary to widen and strengthen the road? (YeslNo ..... why?) • Do you perceive any impact on your day-to-day life due to this project? (describe) • Do you think more vehicular traffic on the road will affect the safety of children? • What measures do you think should be taken to minimize the risk?

L. Resettlement & Rehabilitation

OWNER (a) In case of PAPs getting displaced: 1. What, in your view, constitutes fair compensation? 2. What is your preference for compensation - cash or land? 3. How far do you prefer to be located? Within/outside town/village 4. How far is it from the present location? 5. What do you prefer as resettlement measure? (options may be combined) a) House site b) Constructed house c) Shifting expenses d) Replacement value and compensation e) Any other suggested by the PAP

(b) In case of PAPs whose can be set back: What, in your view, constitutes fair compensation for replacement value?

(c) PAP whose commercial structure is getting affected:

What do you prefer as rehabilitation measure? a) New constructed shop b) Compensation for restarting the operation c) Compensation for loss of income during the transition period d) Any other suggested by the PAP

TENANT

a. In case of PAPs getting displaced: What do you prefer for resettlement? 1. Shifting allowance 2. Self-relocation 3. Any other (please specify)

b. PAP whose commercial structure is getting/may be affected: What do you prefer as rehabilitation measure? 1. New constructed shop 2. Compensation for restarting the operation 3. Compensation for loss of income during the transition period 4. Any other measures suggested by the PAP

AGRICULTURAL LAND HOLDER

What would prefer for rehabilitation? a. Land for land b. Cash compensation c. Any other (please specify)

LBllISA/CES/ICT Page 4 of4 F. Women's Role In Household Decision Making: 1. Do you have any say in decision making at household level? 1. Yes 2. No 2. Ifyes, do you have any say in the following matters? # Issues 1. Yes 2. No 1 Financial matters 2 Education of children 3 Health care of children 4 Purchase ofassets 5 Day to day activities 6 On social functions and marriages 7 Any other (specify)

G. Private Infrastructure type (circle)

Number of each Which water su Number of toilet

H. Household Equipment:

Type of lighting (kerosene, electric, etc.) Type of cooking energy (gas, kerosene, electric, improved chulha, fuel wood, etc.) Type of transport (bike, motor cycle, car, auto rickshaw, etc.) Type of furnishing (bed, chairs, tables, etc.) Type of entertainment (TV, radio, stereo, etc.) If cooking energy is fuel wood, its source

L Indebtedness Ind'Icate borrowmgs, I'f at a II , d'unng t heast I one ear: Source Amount borrowed Amount returned Balance Bank (name) Private money lender Others (specify)

1. Health Status

1. Was any member ofyour family affected by any illness/diseases in the last one year? YeslNo 2. (fyes, indicate the details: # Type of disease/illness No. of cases Treatment taken*

* 1. Allopathic; 2. Homoeopathic; 3. Ayurvedic; 4. Unani; 5. Nature cure; 6. No treatment

LBIIISA/CES/ICT Page 3 of4 3. Has migration taken place from this HH? Ifyes, where? Has anyone returned? Yes I No Res onse Number 1. Yes 2. No

I 5. Mi ation to other states in India I 6. Mi ration within the state

C-l: Social Group Particulars: 4. HH Religion: 1. Hindu 2. Muslim 3. Christian 4. Other (please specify): ...... 5. Scheduled Castel Scheduled Tribel Other Backward Caste: I. SC 2. ST 3.0BC 4. None D. Quality of Life: Expenses of the HH annually in terms of percentage of total income: please indicate the consumption/expenditure for different items in the last one year:

Categories Items Expenditure A Food Rice (kg.) Pulses (kg.) Milk (Itr.) Cooking oil (kg.) Vegetables (kg.) Fruits (kg.) Meat/fish (kg.) Eggs (estimated no.) Sugar (kg.) B Cooking fuel C Clothing D Health care E Lighting and utilities F Education G Communication H Social functions I Agriculture (e.g., hiring of implements, seeds, labor, etc.) J Newspapers K Other (specify) Total

E. Women Specific Household Activities: &# A~~~ #~~m~~a ----~~~~------+----~~~~~~

water

LBIlISAJCES/ICT Page2of4 Serial No. of: L I R : Unit Serial No.

KERALA STATE TRANSPORT PROJECT One/Two/ThreelMore Storied

SOCIAL IMPACT ASSESSMENT

Schedule for Baseline Socio-Economic Sample Survey (Supplementary to the Census Survey)

Q. Serial No. in Computer: Chainage: ...... Name of Interviewer: Date of interview: ...... Name and signature of Supervisor/Coordinator: : ......

A. Generalldentification Link No.: ...... Road Code: ...... Road Section: ...... District: ...... Town: ...... Panchayat: ...... Village: ......

B. Property Identification

1. Address of the property identified: ...... 2. Use of property: 1. Residential 2. Commercial 3. Res-Comm 4. Govt. Office 5. Agri 6. Other ...... 3. Status ofthe user ofthe property unit: 1. Owner 2. Tenant 3. Encroacher 4. Squatter 4. Name of owner ofthe property: ...... Occupation: ...... 5. Name ofthe respondent: ...... Relationship with the Owner: ......

B-1. Property Ownership: 1. Woman headed 2. Disabled person headed 3. None ofthese

8-2. Household Information 6. Ifphysical/social disability in the household, define (e.g., physical disability - dumb and deaf, blind, lame, etc., social disability - old, infirm, orphan, destitute, etc.): 7. Living in this building for how many years? ...... 8. Does the household have a ration card? 1. Yes 2. No Ifyes, since when? (year) ......

8-3. Enlistment: 9. Is the head ofthe property user listed in the voters' list? 1. Yes 2. No. If not, why? '"

C. Household Information: I. Number ofaffected families (entitled persons) : ...... 2. Household member details: # Name Age M/F Marita Rei. to Educ Occupation Total Skills Income I status head ation Main Subs (monthly) 1 2 3 4

5 I 6 ! 7 8 9 10

LBlIISAfCES/ICT Page I of4

L. Total Household Income:

Income item Income amount

1. Income from regular job 2. Income from business 3. Income from remittances 4. Income from wage earnings 5. Income from seasonal jobs 6. Income from cultivation and/or plantation on own land 7. Income from cultivation and/or plantation on shared land 8. Income from cultivation and/or plantation on encroached land 9. Income from structure rents 10. Income from taxi/autorickshaw rent m household industry 12. Income from selling fuel wood 13. Income from fishing 14. Income from any other source TOTAL

Verified and signed, PWD representative:

Verified and signed, Revenue Dept. representative:

Verified and signed, Panchayat representative:

(Please sign with your name, designation, date, and place)

LBIIISA/CES/ICT Page 5 of5 (b) Residential structure (Tenant's response):

1. How much rent do you pay per month? ..... 2. Did you pay any adjustable/returnable advance money? .... I. Yes 2. No 3. Do you have electricity connection in the structure? ...... I. Yes 2. No 4. Do you have tap water connection in the structure? ...... 1. Yes 2. No 5. Who pays for electricity and water bills? 1. Owner 2. Tenant

(c) Commercial structure (Owner's response):

I. How old is the structure (in years)? ..... 2. How long have you been operating from this structure? .... 3. What type of business do you do? ...... 4. What is the total household income from business? ...... 5. How many business partner(s) do you have, ifany? ... . 6. Usage of structure: 1. Shop 2. Godown 3. Workshop 4. Office 7. How many helping hand do you have, if any? ...... 8. What is the market value of this structure today? ...... 9. Does the structure have electricity connection? .... I. Yes 2. No

(d) Commercial structure (Tenant's response):

1. How long have you been operating from this structure? .... 2. What type ofbusiness do you do? ...... 3. What is the total household income from business? ...... 4. How much rent do you pay per month? ...... 5. Did you pay any adjustable/returnable advance money? I. Yes 2. No 6. Usage of structure: I. Shop 2. Godown 3. Workshop 4. Office 7. How many business partner(s) do you have, if any? ... . 8. How many helping hand do you have, if any? ...... 9. Does the structure have electricity connection? .... I. Yes 2. No

K. Expected Benefits: I. What benefits do you expect if resettlement is necessary? I. Bank loan 2. Housing loan 3. Assistance under govt. schemes (e.g. DWACRA) 4. Any other

2. What facilities do you think should be enhanced: I. Health care 2. Frequency of bus services 3. More stops for buses 4. Drainage 5. Marketing facility along the corridor of impact 6. Other:

LBIIISAICES/ICT Page 4 of5 G. AgriculturelPlantation:

Type of crop Area cultivated Annual yield Cost of labour Total income (kg/para/count) and fertilizer (horizontal) Rice I Tapioca Coconut Banana, areca nut, pepper Areca nut on Iy Pepper only I Ginger Nut meg Pineapple Rubber Tea Coffee Other (specify) Total Income

H. AgriculturallPlantation Land Getting Affected: (ml)

I Aericulture Private Land Encroached Land Area within the COl I Irrigated Un irrigated Plantation Irrigated Unirrigated

I. Other Assets Getting Affected: Assets Affected Units within the COl Water pumping out units Wells Hand pumps Water tap Any other:

J. Owner's and Tenant's Response with regard to Structure: (a) Residentiill structure (Owner's response): I. How old is the structure (in years)? ...... 2. What is the market value of this structure today? ...... 3. Do you have a tenant within this structure? ...... l. Yes 2. No 4. If yes, name of the tenant: ...... 5. How long has the tenant been living within this structure? ...... 6. Do you have electricity connection in the structure? ...... l. Yes 2. No 7. Do you have tap water connection in the structure? ...... 1. Yes 2. No

LBIJJSAICES/ICT Page 3 of5 C-l: Social Group Particulars: 3. HH Religion: 1. Hindu 2. Muslim 3. Christian 4. Other (please specify): ...... 4. Scheduled Castel Scheduled Tribe/ Other Backward Caste: 1. SC 2. ST 3. OBC 4. None

2 D. Land Use: (please convert local unit for area into m ) Area theHH

Area and number of trees used for fuel wood, if an If tenant, name and address of owner:

E. Structure and Homestead Land: Existence of compound wall I. Yes 2. No Distance of boundary from the center of road Length of boundary along the road Width of the boundary Boundary other than wall: material used 1. Barbed wire 2. Shrubs 3. Coconut leaves • 4. Mud 5. Any Other Area of compound (SQ. m.) Area of compound within the COl Distance of structure from the center of road Length of structure along the road Width of the structure Area of structure (sq. m.) Area of structure within the COl Type of structure 1. Pucca 2. Kutcha Wall construction material I. Laterite 2. Bricks 3. Mud bricks 4. Others Roofing material 1. Tiles 2. Terraced 3. Both 4. Thatched 5. Other Flooring material 1. Concrete 2. Redlblack oxide 3. Mud 4. Other

F. Land Tenure: (refers only to agricultural/plantation land)

2 1. Area of land holding (please convert into m ): 2. Type of land ownership: 1. Owner 2. Tenant 3. Encroacher 4. Squatter 3. Do you have legal documents for your type of ownership? ...... 1. Yes 2. No 4. If not owned by head of HH, name and location of owner:

2 5. Area of land rented out (m ): 2 6. Area of land rented in (m ): 2 7. Total operational holding (m ): 8. How many labourers do you engage annually, if any?

LBIIISAICES/ICT Page 2 of5 Serial No. of Property: L I R:

KERALA STATE TRANSPORT PROJECT One/Two/ThreelMore Storied

SOCIAL IMPACT ASSESSMENT

Schedule for Census of 100% Potential PAPs (Including Asset Inventory)

Schedule Serial No. in Computer: Chainage: ...... Name and Signature of Interviewer: Date of interview: Name and signature ofSupervisor/Coordinator:......

I Photo Roll No. / Negative No. A. Generalldentification Link No.: ...... Road Code: ...... Road Section: ...... District: ...... Town: ...... Panchayat: ...... Village: ......

8. Property Identification I Revenue Survey No.

I. Address ofthe property identified: ...... 2. Use ofproperty: I. Residential 2. Commercial 3. Res-Comm 4. Govt. Office 5. Agri 6. Othrer .... 3. Status ofthe user ofthe property: I. Owner 2. Tenant 3. Encroacher 4. Squatter 4. Name ofowner ofthe property: ...... Occupation: ...... 5. Name of the user of the property: ...... 6. Name of the respondent: ...... Relationship with the User ......

8-1. The property is: I. Woman headed 2. Disabled person headed 3. None ofthese

8-2. Household Information 7. If physical/social disability in the household, define (e.g., physical disability - dumb and deaf, blind, lame, etc., social disability - old, infirm, orphan, destitute, etc.): 8. Living in this structure for how many years? ...... 9. Does the household have a ration card? I. Yes 2. No Ifyes, since when? (year) ......

8-3. Enlistment: 10. Is the head ofthe property user listed in the voters' list? I. Yes 2. No. Ifnot, why? ...

C. Household Member Information/Commercial Employees Information l. Number of affected families (entitled persons): ...... Male: Female: I 2. Household member details/Commercial employees ~ : Sr -garitaI Rei. to Educ Occupation Total Name Age MiF Income Skills # status Head ation Main Subs (monthly) I 2 3 4 5 6 7 8 9

LB IlISA/C ES/ICT Page I of5 Kerala State Transport Project Resettlement Action Plan Annex 1.1 Link 26: 1. Idukki Village 60.000 - 62.300 2. Thankamani Village 62.300 - 75.100 3. Village 75,100 - 90.600

Link 40 1. Choondal Village 19.600 - 19,800 2. Kanippayyoor Village 19,800 - 21.700 3. Kunnamkuiam Village 21,700 28,800 4. Porkulam Village 5. Agathiyoor Village } 25.400 - 28.600 6. Karikkad Village 7. Perimpilavu Village } 28,600 - 30.800 8. Kadavallur Village 30.800 - 34.100 9. Alamcode Village 34.100-42.100 10. Vattamkulam Village 42.100·46.500 11. Village 46.500 - 46.600 12. KaladyViliage 46,600 - 49.200 13. Thavannur Village 49.200 - 52.600

Link 50.1: 1. Yakkara Village 2. Palakkad I Village 0.000 - 3.500 3. Palakkad II Village } 4. Pirayari Village 3,500·7,500 5. Parali II Village 7.500 - 12.200 6. Parali I Village 12.200 - 15.900 7. Mankara Village 15.900 • 22.000 8. Perur I & II Village 22.000 - 27.680 9. Ottappalam II Village 27.680 • 34,300 10. Ottappalam I Village 34,300 - 36.000 11. Vaniyamkulam II Village 36.000 - 38.400 12. Vaniyamkulam I Village 38.400 - 42.500 13. Shornnur Village 42.500 - 45.200

Link 70: 1. Village 2.000 - 2.400 2. Muvattupuzha Village 2.400·9.400 3. Village 9.400 - 14.900 4. Kumaramangalam Village 14.900 - 18.00 5. Thodupuzha Village 18.000 - 19,700

Link 72: 1. Koliyakode Village 1.100 - 5.100 2. Keezhlhonnakkal Village 5.100 - 5.800 3. Ayiroorpara Village 5.800 - 11.400 4. Kazhakootlam Village 11.400 - 12.500

Link 73: 1. Changanassery Village 1.300 - 1.800 2. Payippal Village 1.800 - 4.540 3. Village 4.540-6.180 4. Ramankari Village 6,180 • 11.260 5. Champakkulam Village 11.260 - 16.320 6. Village 16.320 - 21.500

Debnath_BlAnnex 1-1 Villages. towns, districts.xls 08/11/02, 10:40 AM Kerala State Transport Project Resettlement Action Plan Annex 1.1 Kerala State Transport Project

~_J:~rl~# Villa~~ Number and Names of Iowns_.~ ___J:!lImber and Names of [)istriC!~___~ • 1 • 12 i 0 • 2 Trivandrum, Kollam ·---2/3~-:---12--1----·-··"----,-,-,-..::.C=he=n=:a=nn=u=r======~l--_3::-······_····_······-=1k=-=0:.:.:II.=,am.:...":-.p-,a:...:th-,a~n~a~m~th=itt=a=.=A=la:=p-u=z=h=a~ f ___ ~------+_ 9 ~__t---_1 •Ernaku~_~_____--1 I 6x , 1 1 I Ernakulam I 1-26 -----1----3 --+----1c--- ~1~ Ii,ldukki-----~ --~------II' ~.-.------=---+"=~- . 26x 0 _I-:-;-_---:--:-_____~- 1 lIdukki : 40 1 ! 2 IThrissur, Kuttipuram -5-0-.1--: ,---+_~2_Palakkad. Shornur _-.-_1'---+,='palakkad -:-:-cc---- ...... __ 70-' 2.Muvattupuzha. Thodu uzha 2 Emakulam, Idukki 72 0 1 ,Trvandrum t----...=~~=---_-_+-,_-,---::---_-_+:-=::2-....-...... +jKC70-,ttC-a.i'!fT-a-m--L-~::-:la-p-p-u--:zh:--a=.=====~--:::2-..-+:ll'<'().!a-B~a---m-I_--c~-:-I?-p-p-uz-ch-a----- Total 11

Link-wise Details of Villages:

Link 1: Chainage From - To 1. Taikkad village starting chainage 25.300 25.300 - 25.500 2. Nellanadu village 25.500·31.200 3. Vamanapuram Village 31.200·32.600 4. Pulimath Village 32.600 - 36.300 5. Pazhayakunnel Village 36.300 - 43.200 6. Village 43.200 • 48.500 7. Village 48.500 - 53.400 8. Edanulakhal Village 53.400 - 56.300 9. Village 56.300 - 63.500 10. Valakam Village 63.500 68.400 11. Vettikavala Village 68.400 - 69.400 12. Melila Village 69.400·71.200

Link 2: 1. Village 72.400 - 73.400 2. Mylam Village 73.400·76.900 3. Village 76.900 - 83.200 4. Village 83.200 - 88.000 5. Erattu Village 88.000 - 89.600 6. AdoorViliage 89.600 - 91.100

Link 3: 1. Village 91.100 - 96.400 2. Kurambala Village 96.400-101.300 3. Village 101.300· 103.600 4. Village 103.600 - 107.300 5. Mullakuzha Village 107.300 - 113.700 6. Chengannur Village 113.700 -115.900

Link 6: 1. Marady Village 206.400 - 207.400 2. Village 207.500 - 210.300 3. Village 210.400 - 216.900 4. Rayamangalam Village 216.900 - 224.100 5. Village 224.200 - 228.700 6. Chelamattom Village 228.800 - 233.000 7. Village 233.100 - 234.400 8. Mattoor Village 234.500 - 236.700 9. Angamali Village 236.800 - 240.100

Debnath_B/Annex 1-1 Villages. towns, districts.xls 06/11/02, 10:40 AM Kerala State Transport Project Resettlement Action Plan Annex 1.1

Link 40 1. Choondal Village 19.600 - 19.800 2. Kanippayyoor Village 19.800 - 21.700 3. Kunnamkulam Village 21.700 - 28.800 4. Porkulam Village 5. Agathiyoor Village } 25.400 - 28.600 6. Karikkad Village 7. Perimpilavu Village } 28.600 - 30.800 8. Kadavallur Village 30.800 - 34.100 9. AJamcode Village 34.100 -42.100 10. Vattamkulam Village 42.100 - 46.500 11. Edappal Village 46.500 - 46.600 12. KaladyVillage 46.600 - 49.200 13. Thavannur Village 49.200 - 52.600

Link 50.1: 1. Yakkara Village 2. Palakkad I Village 0.000 - 3.500 3. Palakkad II Village } 4. Pirayari Village 3.500 - 7.500 5. Parali II Village 7.500 -12.200 6. Parali I Village 12.200 - 15.900 7. Mankara Village 15.900 - 22.000 8. Perur I & II Village 22.000 - 27.680 9. Ottappalam II Village 27.680 - 34.300 10. Ottappalam I Village 34.300 - 36.000 11. Vaniyamkulam II Village 36.000 - 38.400 12. Vaniyamkulam I Village 38.400 - 42.500 13. Shornnur Village 42.500 - 45.200

Link 70: 1. Marady Village 2.000 - 2.400 2. Muvattupuzha Village 2.400 - 9.400 3. Manjalloor Village 9.400 - 14.900 4. Kumaramangalam Village 14.900 - 18.00 5. Thodupuzha Village 18.000 - 19.700

Link 72: 1. Koliyakode Village 1.100-5.100 2. Keezhthonnakkal Village 5.100 - 5.800 3. Ayiroorpara Village 5.800 - 11.400 4. Kazhakoottam Village 11.400 - 12.500

Link 73: 1. Changanassery Village 1.300 - 1.800 2. Payippal Village 1.800 - 4.540 3. Veliyanad Village 4.540 - 6.180 4. Ramankari Village 6.180 - 11.260 5. Champakkulam Village 11.260 - 16.320 6. Nedumudi Village 16.320 - 21.500

LBIi/Sheladia/CE SlICT 4 Kerala State Transport Project Resettlement Action Plan Annex 1.1

~__~~~'{att~uzha, ~l19amali +~ ~3:~~~------~-- ---1 Kunnamkulam 2Thrissur~Kuttipuram j ----5oT~ 2 Palakkad, Shomur 1 Palakkad • 70 : 5 • 2 •Muvattupuzha, Thodupuzha 2 ,Ernakulam, Idukki ~ .---~~--t------;------i­ - ! 72 ' 4 ! 0 - 1 Trvandrum _ 1--73~:-6-=---1---2=---+-c:-cc-----:-cc----;­ 2 ' am, Alappuzha Total 75 11 10

Link-wise Details of Villages:

Link 1: Chainage From - To 1. Taikkad village starting chainage 25.300 25.300 - 25.500 2. Nellanadu village 25.500 - 31.200 3. Vamanapuram Village 31.200 - 32.600 4. Pulimath Village 32.600 - 36.300 5. Pazhayakunnel Village 36.300 - 43.200 6, Nilamel Village 43.200 - 48.500 7. Chadayamangalam Village 48.500 - 53.400 8. Edanulakhal Village 53.400 56.300 9. Ummannoor Village 56.300 - 63.500 10. Valakam Village 63.500 - 68.400 11. Vettikavala Village 68.400 - 69.400 12. Meilia Village 69.400 - 71.200

Link 2: 1. Kottarakkara Village 72.400 - 73.400 2. Mylam Village 73.400 ·76.900 3. Kalayapuram Village 76.900 - 83.200 4. Enathu Village 83.200 - 88.000 5. Erattu Village 88.000 - 89.600 6. Adoor Village 89.600 - 91.100

Link 3: 1. Peringanadu Village 91.100 - 96.400 2. Kurambala Village 96.400 - 101.300 3. Pandalam Village 101.300 - 103.600 4. Kulanada Village 103.600 - 107.300 5. Mullakuzha Village 107.300-113.700 6. Chengannur Village 113.700-115.900

Link 6: 1. Marady Village 206.400 - 207.400 2 Velloorkunpam Village 207.500 - 210.300 3. MulavoorViliage 210.400 - 216.900 4. Rayamangalam Village 216.900 - 224.100 5. Perumbavoor Village 224.200 - 228.700 6. Chelamattom Village 228.800 - 233.000 7. Kalady Village 233.100 - 234.400 8. Mattoor Village 234.500 - 236.700 9. Angamali Village 236.800 - 240.100

LBlllSheiadiafCESllCT 3 Kerala State Transport Project Resettlement Action Plan, Phase II Annex 1.1

Link 69: Kasaragod - Kanhangad Chainage From - To 1 Kasaragod 0.000 - 0.900 2 Kalanad 0.900 - 8.100 3 8.100 - 13.150 4 Pallikkara Kasargod District 13.150 ·18.300 5 Chithari 18.300 - 20.250 6 Ajanoor 20.250·23.400 7 Hosdurg 23.400 - 26.820 8 Kanhangad 26.820 - 27.800

Link 74: Thalassery - Valuvapara Chainage From - To 1 Thiruvangad 1.500 - 2.900 2 Eranjoli 2.900·4.700 3 Kathirur 4.700 - 8.000 4 Kottayampoyil 8.000 - 11 .900 5 Koothuparambu 11.900 - 16.700 6 Kandankunnu 16.700 - 21.000 7 Pazhassi 21.000 - 27.600 8 Kolari 27.600 - 29.300 9 Chavasseri 29.300 - 37.100 10 37.100 - 42.000 11 Payam 42.000 - 45.700 12 Vila manna 45.700·54.000

Link 84.1-4: Punalur - Ponkunnam Chainage From - To 1 Valakodu 0.000 - 2.560 2 } Kollam D'''riel 2.560·9.440 ·3 Punnala 9.440 -10.240 4 Pathanapuram 10.240 -13.880 5 Elamanoor 13.880 - 14.290 6 Kalanjoor 14.290 -17.810 7 Koodal 17.810 - 22.910 8 Aruvappally (Left side) { 22.910 - 24.740 9 V. Kottayam (Right side) } 10 Konni 24.740 - 31.850 11 Pramadam 31.850 - 36.000 12 Pathanamthitta 36.000 - 38.300 13 Mylapra 38.300 - 47.000 14 Ranni 47.000 - 52.400 15 Pazhavangadi 52.400 - 58.150 16 Chethikkal 58.150 -61.640 17 Manimala 61.640 - 68.650 18 } KolI'y.m DI,"'d 68.650 - 70.030 19 Cheruvally 70.030 -77.700 20 Chirakkadavu 77.700 - 82.975

Link 84.5-7: Ponkunnam - Thodupuzha Chainage From - To 1 Chirrakkadavu 82.975 - 86.040 2 Elikkulam 86.040 - 96.500 3 Poovarani 96.500 - 100.900 4 Meenachil (left side) 100.900 - 102.600 5 Meenachil (right side) 102.600 -105.000 6 Lalam (left side) 105.000 - 108.500 7 Lalam (right side) 108.500 - 112.900 8 Bharananganam (left side) 109.800 - 110.600 9 112.900 -117.500 10 Ramapuram 117.500 -120.240 11 Vellianpally (left side) 113300 -115.500 12 Karinkunnam 120.240 - 128.185 13 Thodupuzha 128.185 -134.300

LBlliShefadiaiCESlICT Page 2 016 Kerala State Transport Project Resettlement Action Plan, Phase 11 Annex 1.1

Sr. No. Link No. # Villages Number and Names of Towns Number and Names of Districts Chengannur, Thiruvalla, Changana- Alappuzha, Pathanamthitta, 1 4 16 5 ssery, Kottayam, Ettumanoor 3 Kottayam 2 5 10 2 Ettumanoor, Muvattupuzha 2 Kottayam, Ernakulam 3 68 7 2 Pilathara, Pappinssery 1 Kannur 4 69 8 3 Kasaragod, Hosdurg, Kanhangad 1 Kasaragod 5 74 12 2 Thalassery, 1 Kannur 6 84.1-4 20 1 Pathanamthitta 3 Kollam, Pathanamthitta, Kottayam 7 84~ 3 Ponkunnam, Pala, Thodupuzha 2 Kottayam, Idukki Total 18 8

Link-wise Details of Villages:

Link 4: Chengannur - Ettumanoor Chainage From - To 1 Chenannur 0.000 - 1.600 2 Thiruvandoor 1.600 - 4.000 3 4.000 - 5.200 4 Thiruvalla 5.200 - 11.200 5 Kavumbhagam 11.200 -14.100 6 Changanassery 14.100 - 16.900 7 Vazhapally East 16.900 - 19.700 8 Vazhapally West 19.700 - 22.200 9 Kuruchi 22.200 - 24.600 10 Nattakom 24.600 - 33.700 11 Kottayam 33.700 - 35.200 12 Muttabalam 35.200 - 36.400 13 Perumbaikad 36.400 - 40.700 14 (left side) 40.700 - 44.500 15 Athirampuzha (right side) 40.700 - 44.500 16 Ettumanoor 44.500 - 47.500

Link 5: Ettumanoor - Muvattupuzha Chainage From· To 1 Ettumanoor 0.000 - 0.600 2 Kanakari 0.600 - 6.300 3 Kuravilangad 6.300 - 11.300 4 Monipally 11.300 - 18.000 5 Veliyanoor 18.000 - 22.500 6 22.500 - 27.100 7 Palakuzha 27.100 -31.500 8 31.500 - 34.100 9 Marady 34.100 - 41.200 10 Muvattupuzha 41.200 - 47.500

Link 68: Pilathara • Pappinsseri Chainage From - To 1 Cheruthazhom 0.000 4.250 2 (left side) 4.250 - 6.620 3 Madai (right side) 4.250 - 6.620 4 Kannur District 6.620 -12.960 5 Kannapuram 12.960 -15.000 6 Kathasseri 15.000 -17.390 7 Pappinsseri 17.390 - 20.950

LBll/SheiadiaiCES/lCT Annex 6.2 (e)

KERALA STATE TRANSPORT PROJECT CONSOLIDATED MICRO PLAN FOR RELOCATION AND REHABILITATION OF CULTURAL PROPERTIES PACKAGE - ROAD LINK: (Insert the Name of the Road and ehainage) Name of the NGO: o .., .. E e Z ..,­ ~ ~- .., o . e e I! me .c__ ,., 0 '2: to cO:: m-S .: c e ~ S 0.., o.c 0 0" c e to .. o~ .. Jf u .. ;: e ';1jo " c e -S~g ;:LL ii: i~· .. :J £.2 I!! o ..,0 ~ 0 .. o o (; c;,~ ~ z ....I_ > 0 .. - I!-­ .. ~ 0 -g ~ :!in E!'E " ...... Ol­ I ~ to :: 2 o­ C .. E .. z ..Qe - 0:: ,., I! I! I! I!! II: " CD CD.!:::: CD :;8 -E6S~ ~;~ ~ ~ ~-; ~ «u cOl c­ ~ ~ Q. ;: u .. 0 ~:S:2~ .. ~ "5 o e ,,~.! .. ,s: Ol .. u ~~~i .. eD ~ .. E «0:: e;: m"2 'i --O't: " «J - C'" 0 CDCQ.U E e " ~ iii ~ e ...... ­ .. 02 1>.­ 1>. .. - as u '­ g:a ~'i~§ E I! IE - .. a; 0 t~~ ~u .. "iii. ]j ~ E ~ II:.­ 0" ..'­ ,s: ,s: I>. ... ­ 0:: C ,s: 0 ~ ~~ ~~~~ s=00 .... ~~~ .. Ui E£ ~> II Q. 0:: B:! ._~~! c c m" .... 1>. 'le­ I>. oo!! o ~ C E .. =~~E •..> .. 01>. ZO~ F .. w ~u; o 0:: ~uo 5'i .5 S c.!!­ ~ :!! _0 !lim ~ 0o!! .. £ o 0 81 iii .E Q. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Note: This fonn is for the pupose of presenting a consolidated report of the Micro Plans of Cultural Properties of a particular link.

This fonn should be supported by a brief write up on each case after detailed discussions and planning with the concerned community representatives using participatory methodology,

justifying the financial allocation under each head in the Micro Plan, the time frame within which it will be implemented, and how it will be implemented, etc.

Sub: - Procedure for the disbursement and documentation of the R&R Assistance to the PAPs through the newly opened bank account with the KSTP Division Offices - reg.

Following are the major project expenditure relating to R&R activities for which money is to be disbursed from the Special Bank Account opened in the name of KSTP operated by the Executive engineers ofthe Divisions.

1. Land Acquisition - NBF. This includes, a. Compensation (LA) to the Project Affected Person.

2. R&R Assistance. a. Civil Works i. Cost of new Property acquired, including Registration and documentation charges. ii. Development cost of the Land. iii. Civil Construction (Structure) by Contractor in case of Community Assets and. PAPs in case of individual property. b. Goods i. Capital Goods. ii. Stock in trade. c. Assistance. i. Special Assistance (Difference between Replacement values - C Compensation (LA) ii. Transitional Assistance. iii. Shifting Allowance. iv. Rental Allowance.

Out of the above Point No. 1 is not reimbursable, since it is NBF. In Point No. 2 (a), it is reimbursable @ 90%, and in case of2 (b), it is @80%.

The expenditure with regard to the above can be categorized and accounted through the PFMS as above. The procedure to be adopted for disbursement of the assistance through the Bank account, which is to be maintained at the Division level for proper documentation and producing before the internal and accountant general audit etc are listed, are under.

1. As per the KSTP consolidated Micro plan (prepared based on the compensation assessed by the LAO and the replacement value assessed by the District Level Purchase committee), lump sum amounts are transferred to the Division office bank account from the Project Bank Account (SBT, Vellayambalam). 2. The amount so transferred above will be accounted as advance in the name of the 'Executive Engineer' since it is pending disbursement for some more time. 3. The amount so received from the KSTP, Trivandrum should be recorded in a Cash Book (fonnat to be prescribed) as receipt. 4. Payment to the PAP should be recorded in this Cash Book on a daily basis and the daily balance is to be arrived. Moreover the bank account should be reconciled on monthly basis and the expenditure statement (format to be prescribed) against disbursement for R&R assistance along with the bank reconciliation statement (format to be prescribed) and the supporting stamped receipts (format to be prescribed) obtained from the PAP as an acknowledgement of the receipt of the amount. This is very important since the after obtaining the same, the advance outstanding in the name of the Executive Engineer should be settled immediately and the expenditure is to be booked under R&R assistance and the claim is to be preferred with the DEA and the WB for reimbursement 5. While preparing the monthly expenditure statement, the breakup of expenditure is to be prepared in the given format. (Format to be prescribed). 6. As per the clause 16.4 of the resettlement and rehabilitation Action Plan, the disbursement of the PAPIPDP would be made against the purchase of assets / enhancement of asset and building/construction of structures. 7. For the disbursement of R&R assistance to the PAPIPDP, a joint bank account will be opened in a local bank. All the amounts under the R&R category would be paid from the Division office bank account by means of a cheque. (Demanq Draft may be arranged at the cost of the affected party OR request the bank for providing at par facility) A PAPIPDP wise R&R assistance register (Format attached) will be maintained in the Division office for monitoring the release of the assistance from the joint bank account. However shifting allowance and rental allowance can be released directly to the party without transferring to the joint bank account. 8. The joint bank account will be operated by the PAP/PDP, Executive Engineer of the Division, and the representative of the NGO. 9. The amount will be withdrawn from the joint bank account against the purchase of the productive assets, and on production of proof of expenses by the PAP/PDP, and this would be certified by the EE and the NGO. In case of structures, withdrawals will be in three installments against the progress of construction i.e. (a) foundation, (b) walls, and (c) roof completion. 10. All cheque payments to the PAPIPDP will be made from the concerned village office in the presence of the District administration representative, EE and the representative of the NGO.

All the points listed above should be strictly followed for the disbursement of R&R Assistance to the PAPsIPDPs.

Yours Faithfully,

Finance Controller. Annex 7.1

Public Consultation, Link 4: Chengannur-Ettumanoor

Report of the Meeting Held on 27.01.2001,2 PM at the Vyapari Vyavasayi Office (Merchants' Association) at Ettumanoor to Discuss the Problems and Opinions of the PAPs

Focus Group Discussion with the Affected Traders

Facilitator and demonstrator: Rejenish Monji } Social Impact Surveyors Minutes recorded by: Shaji Raman

Photo Roll No. Phase-1I/67, Photo No. 15

The meeting was held at the Vyapari Vyvasayi Office, Ettumanoor. 44 persons, representing the local traders' association, attended this focus group meeting, including its President Mr. N.P. Thomas and General Secretary, Mr. Suresh Kumar K.S. They welcomed the road-upgrading project and confirmed that the road must be widened.

The president of the traders' association pointed out that the Ettumanoor junction is the point where four roads meet. At this point traffic blocks are a frequent phenomenon. He suggested the construction of a flyover at the junction, which will save the road users from traffic blockades and also will save travel time. He mentioned that if it becomes a reality, he would lose a portion of his own house but would still welcome the project.

The general secretary of the association pointed out the proposal for another road, which will be a bypass for Ettumanoor and Kottayam towns. This road starts at Thavalakuzhy junction. A bridge has to be constructed on this route at Poovathimudu, which has been tendered for construction. After crossing the bridge one reaches Thiruvanchoor. Then the road goes via , where it crosses the Kottayam- road and reaches Chanaganassery via Puthupally. In the proposed route the section between and Thrivanchoor has to be widened.

The gathering wanted to know if after the demolition of a building for the road widening, if an owner wants to rebuild his shop in the remaining plot of land, would there be any relaxation in the building rules? They asked to consider the assumed case of a tenant, who was running a shop and in the proposed road-upgrading project he is partially losing his shop. Will this tenant be paid compensation for his lost business?

The president of the association informed the meeting that most of the building owners welcomed the project, as they will be paid compensation for the lost building also. They could vacate their tenants' who were running shops, for a nominal rent. He suggested that if a large number of shops are affected, the owners should be resettled in a shopping complex and its construction must be borne by the Government. And this new shopping complex must be located in the town area. It was added that the existing shops should be demolished only after the alternative arrangements for resettlement are in place.

In the meeting a proposal for bypass alignment was proposed by Mr. Charlie Abraham, President of the Kallishery Cooperative Bank. The proposed bypass starts at Parayanakuzhy Bridge at chainage 2.500 of the Chengannur-Ettumanoor road and ends at the M.e. Road at Annex 7.1

Mulakuzha Junction, a total length of 5.5 km. The road will pass via Kuttikattupady, New Mangalam Bridge, and Sasthamkulangra. The road would be built through paddy field for approximately 800 km. The paddy field in question has not been cu Itivated for the past 10 years. Moreover, there are no structures along the proposed route. The new road will join the existing -Othara road, which is approximately 14 m wide. It could be further widened without affecting any structures.

The proposed road between Kuttikattupady and New Mangalam Bridge is narrow. It could be widened without difficulty. The New Mangalam Bridge is a new one, built with the people's cooperation and financial assistance. Mr. Charlie mentioned that the cost of the proposed bypass would be much less than the cost for widening the existing M.e. Road between Chenagnnur and Kallissery, as this section affects commercial structures. Moreover, people would be willing to give up their land for the proposed bypass, as the new road will develop the area.

There was another proposal for the above bypass, with an alteration. As the existing bridge at Kallissery is narrow, some participants thought building another bridge is called for. The land of the old road near the bridge could be used for the road widening. Most of the structures on this proposed route are on Government land, hence these could be demolished for the road widening.

The president agreed to conduct a meeting with all the traders in Ettumanoor town and to send a memorandum thereafter to the Project Director.

2 Annex 7.3

Public Consultation, Link 69: Kasargod - Kanhangad Road

This road is used mostly as a bypass for the NH-17. It starts at the Kasargod Press Club Junction and ends at the NH-17 at Kanhangad (Hosdurg) town. This road is already wide enough because the Government has already acquired sufficient land on either side. However, there are narrow sections, especially after the Kalanad Junction in Kasargod area and in Pallikkara, near the Fort area. The meetings along this road evinced much interest of the owners of the local commercial establishments and their responses to the project were positive.

However, meetings with the household members proved to be difficult. In most of the households the respondents were women and being mostly Muslims, it was difficult to get information from them for social reasons.

The major issue of contention along this road relates to road safety due to a cut section. The location is after the Chandragiri Bridge before Kalanad Junction, where there are two earth cuttings of approximately 10 metres depth and the road passes through them. The following diagram shows it:

preferred Level Present Level - ~------­

Culvert

This depth of the road has caused many accidents and even otherwise, causes damage to the motor vehicles, according to the local people. If this section is filled and the road level is raised, heavy vehicles could use this road more. They have suggested a preferred level of the road, shown in dotted line in the diagram above.

Kerala State Transport Project Resettlement Action Plan Annex 7.4 (1)

Public Consultation, Link 84.1-4: Ponkunnam - Punalur

Report Of The Meeting Held On 10.03.2001, 4:25 PM At The Vyapari Vyvasai Office, Ranni Town (Chainage 52.000)

Focus Group Discussion with the Potentially Affected Local Shop Owners

Meeting started: 4:25 PM Meeting ended: 5:30 PM Photo Numbers: Phase 11/96/22-24

Survey Team Members: 1. Biju Franklin 2. Rajaram 3. Pramod 4. Rejenish Monji

The social impact survey team members organised the meeting with the help of the local Merchants' Association (Vyapari Vyvasai Samithi) at Ranni. 16 persons attended the meeting. Many shops were proposed to be affected by the road improvement project and the traders were concerned about the compensation details and proposed a bypass to save their respective properties.

The issues raised and suggestions offered in the discussion included: 1. Will the fund for the payment of compensation to the shopkeepers, workers and building owners come from the World Bank loan or, will the Government pay it from its resources? Is the Bank funding meant only for the road construction activities? 2. The local people came to know that he section between Blockpadi Junction (chainage 50.860) and Placheri has become a part of the National Highway (Kollam to ) and wanted to know the proposed width of the road beyond the National Highway. 3. If a structure is affected in the proposed road upgrading programme and vacant land is available on the opposite side, will the Government change the design to widen the road on the opposite side and save the originally affected structure? 4. In the proposed design at chainage 52.200, several multi-storeyed buildings are affected on the right side whereas there is plenty of vacant land between the road edge and the building line on the left side. So, why is not the design changed to save the buildings on the right side? They strongly believed that the road widening could be accomplished without affecting any building. 5. The road should be widened to only 15m. Drainage must be property maintained to avoid water logging during the monsoon months. Adequate parking area must be provided in the town areas. 6. A proposal for a bypass came up in the meeting. The proposed route starts from Blockpadi junction (Chainage: 50.860), passes through Mamukku Junction and ends at Chethankara Junction (54.860). According to the gathered people, this alignment will pass through predominantly paddy field, although several buildings may also be affected. A new bridge has to be constructed along this route across the Pampa River.

LBllISheladiaiCES/ICT Public Consultations Page 1 of 1

Kerala State Transport Project Resettlement Action Plan Annex 7.4 (2)

Public Consultation, Link 84.1-4: Ponkunnam - Punalur

Report of the Meeting Held on 14.03.2001,5:15 PM at a Tea Stall in Mallasheri Junction, (Chainage 34.400)

Focus Group Discussion with the Potentially Affected Local Shop Owners

Meeting started: 5:15 PM Meeting ended: PM Photo Numbers: Phase 11/97/32-33

Survey Team Members: 1. Geen Das 2. Shaji Raman 3. Rajaram

The meeting started at 5.15 pm. The venue was a tea stall at Mallasheri Junction (35.400). A total of 18 persons attended the meeting. The following are the results of the discussion.

1. The over-arching opinion of the people of this locality is that the road should be widened without affecting structures. If the road could be widened by taking available vacant land on the opposite side then the alignment should be changed accordingly.

2. A doubt raised by the people related to the payment of compensation. The people believe that the compensation fixed by government for the acquisition of land 'and structure will be very much less than their actual values. At first they did not believe that there would be compensation for shopkeepers based on their income from shop for loss of business due to the road-upgrading project. As the social impact surveyors explained to them the details of the project's R&R policy, they pointed out that compensation should be paid before the acquisition of land. They believed that as it is a government matter it would take several years to receive the payment of compensation.

3. They also demanded a bus-waiting shed as well as a bus bay at Mallasheri junction. There was also a recommendation for a road divider, as they believed that this could prevent road accidents to some extent. Humps should be provided at junctions and curves to avoid road accidents.

4. Some of the affected structure owners made some individual requests:

Structure No. L.599 (Left)

This is a residential-cum-commercial structure. The owner mentioned that he had only 4 cents of land. His only household income is from this shop. He requested for a change in the alignment so that his building could be saved.

Structure No. L.593 (Left)

This is a residential structure. In the proposed alignment this structure is fully affected. The owner, Fr. George Mathew, has submitted a memorandum. He pointed out that he had already lost approximately 3m width of land in the previous road widening. According to him there is adequate land on opposite side. Nevertheless, he has no objection in widening the road by

LB Il/SheladialCES/ICT Public Consultations Page 1 of 1 Kerala State Transport Project Resettlement Action Plan Annex 7.4 (2) taking his land, if his structure is left unaffected. In the memorandum it is pointed out that he is a cancer patient and has also undergone an operation.

Some other structure owners requested that if at all the structures were to be affected, it should be done without affecting columns of the structures.

LBII/Sheladia!CES/ICT Public Consultations Page 2 of 2 Kerala State Transport Project Resettlement Action Plan Annex 7.4 (3)

Public Consultation, Link 84.1-4: Ponkunnam - Punalur

Report of the Meeting Held on 19.03.2001, 4:30 PM at Chittoor Mukku, Konni, (Chainage 34.400)

Focus Group Discussion with the Potentially Affected Local Shop Owners

Meeting started: 4:30 PM Meeting ended: 6.00 PM Photo Numbers: Phase 11/201/22-26, 202/22-29

Survey Team Members:

1. Biju Franklin 2. Rajaram 3. Sunderlal 4. Shaji KumarT K 5. Rejenish Monji 6. Geen Das K S 7. Pramod

Konni is a Semi-urban town area along the Ponkunnam - Punalur Road. The existing width of the road in the town area is greater than 15 metres where land acquisition is not foreseen.

Before reaching the Konni Junction from the Ponkunnam side, the existing road is narrow and land has to be acquired for the project road. The PAP's in this area were knowledgeable about the local level meeting and they agreed to participate in the meeting on behalf of the Konni Public Committee. They circulated a notice about the meeting, a copy of which is appended.

A general introduction was made about the scope and nature of the (then) KSHP, subsequently acronymed KSTP (Kerala State Transport Project). The guidelines for the land acquisition and compensation to the project affected persons were also explained. A total of 35 persons participated in the meeting and asked several questions for clearing their doubts about a bypass road suggestion, compensation, rehabilitation, etc. The following are some of the views and suggestions that were generated from the participants of the meeting:

1. The gathering suggested a bypass to Konni town so that their properties are saved. They wanted to know on what basis the suggestion for a bypass would be accepted and approved. 2. Some persons mentioned that the road in the town area could be maintained at the existing width itself, which is presently 15 metres. 3. They requested that land acquisition be made from structures without affecting their stability, i.e., by avoiding the pillars of the commercial structures. 4. Whether fair amounts of compensation is given for commercial structures or for residential properties, on the basis of resettlement. 5. Whether compensation for land would be given at the prevailing market rates. The PAP's do not like to make the rates shown in documents of registration as a base for fixing the compensation for the land value. 6. When would the project be implemented? 7. Bypass suggestion

LB II/SheladiaiCES/ICT Public Consultations Page 1 of 1 Kerala State Transport Project Resettlement Action Plan Annex 7.4 (3)

The gathered people offered two options for the consideration of a bypass to bypass the Konni town"

1. Chittoormukku mostly paddy fields - Maroorpalam - through paddy fields and wastelands:' new road proposed. 2. Cittoormukku - Marangad Junction - Cherimukku - Poovampara Junction (Kodan mukku) - Maroor palam - through the existing road.

The social impact surveyors answered the questions and clarified the doubts, and forwarded the bypass suggestions to the project office.

LB II/Shel ad iaiCES/ICT Public Consultations Page 2 of 2 Annex 7.4 (4)

MINUTES OF MEETING HELD AT KUMBAZHA FOR KSTP - PHASE II UP-GRADATION FOR LINK 84

Venue: Simeon Stylites Orthodox Cathedral, Kumbazha Date, Time: July 02,2003,0930 a.m. Public Participation: The meeting and the invitation were carried out by the PMT through the KSTP divisional office at Ponkunnam. Although individual invitations were limited to about 50 PAPs, 110 persons turned up for the meeting (Attachment-1). The reason for such large crowd at the meeting was due to wide publicity given by the Kumbazha action committee in the local newspapers for three successive days prior to the meeting. Participants KSTP PMT/PCC: Mr. Thomas, Superintending Engineer (SEl, Project Management Team (PMT) Mr. Sreekantan Nair, Environmental Engineer (EE), PMT Mr BGP Reddy, Design Engineer, PCC Mr. Emmanuel Sociologist, PMT Mr. Sundara Rajan C.V., Environmental Specialist, PCC Participants form KSTP Ponkunnam division Mr George Kutty, EE, Ponkunnam Division Mr Johny George, AE, Ponkunnam division Mr Prakash 5, AE, Ponkunnam division

1. Mr T.K. Thomas SE welcomed the audience, introduced the KSTP team and explained the various aspects of the project preparation as well as the procedures relating to land acquisition.

2. The PCC Environmentalist Mr Sundara Rajan seeing the mood of the people then stood up and talked on the environmental and sociological considerations and the various levels of public consultations held during the last four years. When the environmentalist stated that there was a meeting with Konni Public Committee the emotionally charged Project Affected Persons (PAPs) shouted that they are not in a mood to listen to the KSTP team, rather they want to air their grievances and the authorities should immediately take action to resolve their problems. More than 50 Project Affected Persons (PAPs) assembled at that time were emotionally charged and started showing their impatience. The PCC environmentalist has therefore discontinued the talk and invited the PAPs to present their issues and problems one by one.

3. The first PAP to speak was Mr N Sukumara Pillai president of the Konny Public Committee. Mr. Pillai, informed the entire audience that the former Director of KSTP had promised that the project will follow Central Widening (CW) i.e., 7.5m towards either sides from the centre. Mr Pillai insisted that he wanted to specifically face and address the entire audience rather than the KSTP team. President has alleged that the actual widening now envisaged is against the principle laid out by the World Bank. Land acquisition towards one side under the pretext of curve straightening were clear instances of nepotism and corruption. The nutshell of the readout message was that the

1 present alignment is unacceptable to the local people. There were even allegations that the KSTP is trying to help the Malaysian Contractors by introducing heavy filling and cutting along the new corridors (Realignments). Mr Sukumaran further stated that the SE is now trying to soften the resistance under pressure from Bank.

4. After the turn of first PAP, seventeen other Project Affected Persons (PAPs) explained their grievances followed by submission of memorandums. Some even equated the new alignment and the related land acquisition as Qroad day robbery.

5. As the invitations were extended to all PAPs on either side of the road, there were arguments and counter arguments with regard to the selected alignments. Although a change in the alignment could trigger an impact most of these people are not Project Affected Persons (PAPs).

6. Further the emotionally charged PAPs rushed to the dais creating noisy scenes and melee. The entire meeting was later noisy and there were ???? number of memorandums/representations. Many representations received are copies of the representations forwarded earlier to the Minister and the PWD.

7. Mr KA Emmanuel Sociologist, PMT- KSTP made several attempts to explain the compensation, Resettlement & Rehabilitation package. But the people were no mood to listen to them. The PAPs mentioned that only central widening is acceptable to them.

8. The Konni Panchayat vice president Mr. Shamraj explained the need for good road and stated that many apprehensions of the people are based on "misunderstanding". President however stated that there are some genuine problems. If people are not cooperative, even these genuine cases will be left out. Although initially people were very attentive, soon they started shouting as they disagreed with him and in the noisy scenario people clustered in groups and started verbal duels.

9. The 'Konni Public committee' was unhappy over the invitation of large number of other people, as they believed that they are instrumental in organising such a meting with the KSTP team.

10. Taking this into account a separate sitting was arranged immediately after the noisy general meeting for the Konny Public Committee (KPC) with regard to a decision on the follow up of their memorandums to the World Bank. The various aspects of land acquisition and compensations were explained to the committee. Although certain important aspects of Resettlement and Rehabilitation (R & R) were explained briefly to the committee, they were in no mood to take it as real. They termed the RAP and R&R policy as gimmicks.

11. KPC members emphatically stated that they believed that the entire process of KSTP with regard to Link 84 was not transparent. Hence none of them was willing to listen to the compensation package unless and until the present alignment which they alleged as irregularities, were amicably resolved with central widening as a general principle.

12. They emphasized time and again that they do not want to part with their property whatever may be the compensation or rehabilitation package offered to them.

13. The KPC was very firm on the following:

2 a) Widen the road uniformly and equally on both sides to make it 15 meters broad. As all curves are not straightened in the new alignment, leave the curves as they are.

b) The discrimination and injustice of acquiring land from one side of the road alone should be stopped.

c) All available Government land (Puramboke land) should be utilized fully for the upgradation of road and acquisition of private land should be effected only where govt. land is insufficient.

d) In the eventuality of a deviation from the existing road the government land should be transferred to the persons whose property is being acquired.

14. Observing the privilege given to the Konni committee, the people of Ranny wanted to have a separate sitting to discuss their grievances. The various aspects of land . acquisition and compensations were explained to the committee.

The public meeting started exactly as scheduled at 9.30 am and continued till 12.30 noon followed by site visits that were made to some typical locations along the project road.

3

Annex 7.4(5)

MINUTES OF MEETING -2 HELD AT KONNI PANCHAYAT

Venue- Panchayat Office, Konni, Pathanamthitta Dist Date &Time- july 18th 2003, 2.30 p.m. Participation- Panchayath Vice-Presidents and members as detailed in the attachment. The meeting and the invitation were carried out by the PMT, through the KSTP divisional office at Ponkunnam. Participants KSTP PMT/PCC Mr. Sreekantan Nair, Environmental Engineer (EE), PMT Mr. Emmanuel, Sociologist, PMT Mr. Sundara Rajan.C.V, Environmental Specialist, PCC Dr. Latha Bhaskar, Social Development Expert, PCC Mr. B.G.P.Reddy, Design Engineer, PCC Participants from KSTP, Ponkunnam. Mr. George Kutty, EE, Ponkunnam Division Mr. Prakash, AE, Ponkunnam Div. Mr. John Kenneth, AE, Ponkunnam Div. The Grama panchayat President was away on tour and with his concurrence, the Vice­ president Shri .K. Gopinatha Pillai, convened the meeting. The KSTP Team explained the purpose of the visit as to get the support of the Panchayat authorities to facilitate land acquisition for the Link 84-1.4 (Punalur-Ponkunnam) through replacement and rehabilitation of the PAPs within Konni panchayat area and facilitate upgradation works as per the KSTP. A Public consultation held at Kumbazha on 2nd July 2003, inviting all affected persons, ended in chaos as the affected and unaffected staying on both sides of the road were at each other's throats over the issue of land acquisition and the team could not win over and convince of the compensation packages. So this meeting of the Local Self Government leaders was called for, to seek their support to move ahead.

Welcoming the KSTP Team, Panchayat members expressed their apprehensions of the scheme and concern of the affected parties. Clarifying their doubts, the scheme was briefly explained to them and the Malayalam version of the resettlement and rehabilitation policy documents were circulated for detailed reading. They raised questions about the land acquisition and compensation packages. This was explained in detail to them. The main questions include­

• How is the design of construction finalised? • If there is a complaint about the design where and whom to complaint? • Who will finally decide the compensation and the criteria thereof? • The composition of the Grievance Redressal committee and procedures? • Compensation for those without any title deeds.

The team clarified all queries in detail and finally the members were convinced of the compensation packages for PAPs. Some of them opined that those who are resisting need to be made aware of these benefits to get their support and assured that whenever

1 Annex 7.4(5) there is an opportunity, the Panchayat members will try their level best to support the project. A meeting of the affected persons (alone) needs to be convened immediately to facilitate further actions in this connection. The panchayat committee assured their full support for these process, but do not want to get involve directly solving issues. As they are convinced they will try to convince the people in turn and requested KSTP to arrange for this. The meeting concluded at 4.30 p.m. with the vote of thanks by the vice president.

2 Annex 7.4(6)

MINUTES OF MEETING -1 HELD AT PRAMADAM PANCHAYAT OFFICE FOR KSTP­ PHASE II UPGRADATION FOR UNK-84

Venue: Panchayat Office, Pramadam, Pathanamthitta Dist Date: Time- july 18th 2003 , 10.30 a.m. Participation: Panchayath Presidents and members as detailed in the attachment. The meeting and the invitation were carried out by the PMT, through the KSTP divisional office at Ponkunnam. Participants KSTP PMT/PCC Mr. Sreekantan Nair, Environmental Engineer (EEl, PMT Mr. Emmanuel, Sociologist, PMT Mr. Sundara Rajan.C.V, Environmental Specialist, PCC Dr. Latha Bhaskar, Social Development Expert, PCC Mr. B.G.P.Reddy, Design Engineer, PCC Participants from KSTP, Ponkunnam. Mr. George Kutty, EE, Ponkunnam Division Mr. Prakash, AE, Ponkunnam Div. Mr. John Kenneth, AE, Ponkunnam Div.

The Panchayat President, Mr. M.V.Philip welcomed the team and opened up the discussions. The team members introduced themselves and explained that the purpose of the visit as to get the support of the Panchayat authorities to facilitate land acquisition for the Link 84-1.4(Punalur-Ponkunnam) through replacement and rehabilitation of the PAPs within Pramadam Panchayat area and facilitate upgradation works as per the KSTP. A Public consultation held at Kumbazha on 2nd July 2003, inviting all affected persons, ended in chaos as the affected and unaffected staying on both sides of the road were at each other's throats over the issue of land acquisition and the team could not win over and convince of the compensation packages. So this meeting of the Local Self Government leaders was called for, to seek their support to move ahead.

Opening up the discussion the Executive Engineer of Ponkunnam Division, Mr. George Kutty explained the background of the project and the positive impacts expected through this project. In continuation to this Mr. Sreekantan Nair, Environmental Engineer, PMT, explained the status of implementation of the project and the specifications of upgradation works in Punalur- Ponkunnam road. This linkage needs the maximum upgradation works, as there are certain hairpin bends to be straightened for safe travel radius. The Panchayat members are well aware of the corridor of impact marked for the road upgradation works vis-a.-vis the PAPs. They reiterated the need for road upgradation in the context of development and safety but expressed their concern over the PAPs. Clarifying to their doubts, Mr. Emmanuel, the Sociologist of the PMT, explained the compensation packages offered by the project for rehabilitation and resettlement of the PAPs. He explained that even the squatters and encroachers would be compensated to ensure that nobody would be adversely affected due to this project. The members clarified their doubts on the compensation packages and the specific queries raised are given below.

• What are the means for the valuation of the land and assets? • What are the replacement procedures?

1 Annex 7.4(6)

• What are the transition packages and when it will be settled? • What is the composition of the District level committees and grie~ance Redressal committees and is there any representation for the locals in it? • What are the scope and possibility for widening of bridges and provisions for bus bay and parking space in junctions? • What are the roles of proposed NGOs? • What is the expected completion period of the project?

The team clarified these doubts. Mr. Sundara Rajan, Environmental specialist of the pee then made clear that even though the State has the power to acquire the land for common good vide the Land acquisition Act, the project is much concerned of the PAPs and provide adequate compensation for their losses. Due to this ample time is invested for social and environmental studies and preparation of Resettlement Action Plan as well as field level consultations, to ensure the well being of the project affected persons. The resettlement Action Plan (RAP) so prepared is a transparent document, which anybody can access and is even available in the websites of PWD. Due to all these efforts more time is invested for planning phase and once it is perfect implementation will be smooth. NGOs will be engaged to prepare micro plans pertaining to each PAP and support for the implementation of the same in the field. To explain all these consultations were arranged at Kumbazha on 2nd July 2003, but the participants were so annoyed that they were impatient to pay attention to the team. Everyone demanded to acquire the land opposite to his/her property, sparing them. As a result of this the team couldn't convince the PAPs on the compensation packages etc, for which the consultation was arranged there. Referring to this event the Panchayat member Mr. K.E. Varghese remarked that those who are adversely affected have apprehension about the transparency of the project and the design of the road. The Team explained the multiple criteria considered for the design and the design Engineer Mr. B.G.P.Reddy explained the same with the support of the sitemap but the member complained that acquisition of land from one side of the road is not justifiable. He spotted a specific case in a bend where the car porch will be acquired and the access to the house will be difficult when the land is acquired for upgradation and requested realignment avoiding acquisition from that bent. The divisional team who know the spot ruled out the possibility, but agreed to revisit to ascertain the situation. It was ensured that maximum care will be taken to ensure justice and compensation to all PAPs and proposed to call the PAPs alone for a personal hearing at an early date. Though they have moved the court for their grievance redressal, the member ensured that the issue can be settled amicably as the project have ample scope for compensation, which the PAPs need to understand first. The President and Panchayat members assured their unreserved cooperation and reiterated the need for upgradation of the road, which will be vital in their area development. To facilitate this further it was decided to call for the meeting of all affected persons (and they alone) for an amicable settlement and discuss further, in the presence of the GP team. The members also suggested that a copy of the complaints filed might be shared with them, so that they can discuss with people to settle the issue.

The meeting concluded at 1.30 p.m and representing the team, Dr. Latha Bhaskar, Social Development Expert of pee extended vote of thanks.

2 Kerala State Transport Projett Resettlement Action Plan Annex 7.5 (1)

Public Consultation, Link 84.5-7: Ponkunnam-Thodupuzha

Report Of The Meeting Held On 02.02.2001, 4:30 PM At The Vyapari Vyvasai Office, Ponkunnam

Focus Group Discussion with the Potentially Affected Local Shop Owners

Meeting started: 4:30 PM Meeting ended: 5:30 PM Photo Numbers: Phase 11/69/9-11

Survey Team Members: 1. Biju Franklin 2. Rajaram 3. Pramod 4. Rejenish Monji

The social impact survey team members organised the meeting with the help of the local Merchants' Association (Vyapari Vyvasai Samithi) at Ponkunnam and the General Secretary and the President of the Association attended the meeting along with 20 others. Many shops were proposed to be affected by the road improvement project and the merchants made suggestions regarding a new bypass to save their properties.

The issues raised and suggestions offered in the discussion included: 1. Consider the case of a shop owner who is not fully losing his shop. He is only losing a part of his shop. Will there be any compensation for the loss of the business area? If there is, what is the basis of the compensation? Are the criteria of compensation different for different shops? 2. What would be the compensation for the employees of the affected shops? 3. If the Government provides resettlement, it should be in town areas which are easily accessible. 4. For reconstruction of buildings after the road widening, is it necessary to provide the set back as prescribed by the panchayath/municipality authorities? 5. For building owners the compensation for the buildings should include the existing market value of lands in town areas. If compensation is paid on the basis of prices in the Government records the affected people will not accept that because people record very low prices of lands for effecting a low stamp duty. 6. Bypass proposal: Three options discussed as follow:

First Option: The bypass starts at the 4th mile junction, i.e., right side of Ponkunnam­ Thodupuzha road, chainage 90.850. It passes through , Manthara. Kapally Colony and falls on the Kottayam-Kumily road at KVMS junction. From KVMS junction there is a road linking the Ponkunnam-Punalur road. The existing road along the proposed bypass has only 8 m total width. It has no sharp curves. It passes mainly through rubber plantations. If this road is widened, the number of affected structures is estimated to be much less. Presently no bus service is available on this road. The KVMS junction is on a steep gradient, which needs to be modified.

LB IIISheladiaiCES/ICT Public Consultations Page 1 of 1 Kerala State Transport Project Resettlement Action Plan Annex 7.5 (1)

Second Option: The bypass starts from the Elikkulam Grama Panchayath office junction (chainage 89.030). The road passes through Manthara and falls on the Kottayam-Kumily road at KVMS junction. This proposed bypass has sharp curves. The width is narrower than the proposed bypass first option, only 6 m. Third Option: The bypass starts from the eMS L.P. School junction (left of Ponkunnam­ Thodupuzha road, chainage 84.725) and ends as it falls into the Kottayam-Kumily road [at which place?]. The existing road needs to be widened. The major drawback of this proposed bypass is that people going to Kumily or Punalur have to travel through the town. This proposed road bypasses only the length between chainage 84.160 and 87.720 of the Ponkunnam-Thodupuzha road. This road can also be used as a bypass for vehicles plying between Kottayam and Pala. 7. The local shopkeepers were generally of the view that the road should be widened, but some considerations should be made in the case of road widths within town areas. Most of them do good business during the Sabarimala season as the pilgrims keep coming and say that the road should pass through the town. 8. The social impact surveyors answered the questions of the focus group in the context of the State Government adopted R&R Principles and Policy Framework and left the bypass options to be decided by the PIU.

LBII/Sheladia/CES/ICT Public Consultations Page 2 of 2 Annex 7.6

MINUTES OF MEETING AT THODUPUZHA FOR UNK 84 INCLUDING THODUPUZHA

BYPASS FOR KSTP-PHASE II UPGRADATION

Venue: PWD Rest House, Thodupuzha Date, Time: June 11, 2003, 11.30 a.m. Public Participation: The meeting was arranged by PMT and the invitation by the NGO appointed for phase I. Participants KSTP PMT/PCC: Mr. Sreekandan Nair, Environmental Engineer (EE), Project Management Team (PMT) Mr. Sundara Rajan C.V., Environmental Specialist, pee Mr. BGP Reddy, Design Engineer, pee Mr Emmanuel, Sociologist, PMT

Participants from local KSTP division Mr Srinivasa Iyer, AE, Thodupuzha

Apart from the organisers, 40-invited project affected persons participated in the meeting (Refer attached participants list- attachment-1). All of the participants were representing the Thodupuzha bypass alignment and nobody represented the other part of link 84 Punalur - Thodupuzha.

Since the alignment has been decided some two years ago and the land acquisition notification under section 4 (1) has been issued, the alignment changes were not possible for the proposed bypass. Moreover a major bridge across the river has been constructed according to the decided alignment. All those aspects together allow less flexibility for KSTP to consider other alternatives. The 'mahsar' has been prepared for all PAPs.

1. Mr Sreekantan Nair project Environmental Engineer opened the meeting and introduced the project team.

2. Mr Emmanuel, sociologist from PMT has provided a brief idea about the land acquisition and compensation package. Mr Emmanuel also described the role of NGOs and the time required to complete the land acquisition process.

3. Further the pee Environmentalist described the project characteristics and the environmental and social aspects of the project preparation and implementation.

4. A few participating members especially Mr Sacaria (a small local tea shop owner) was disgusted with the earlier PWD land acquisition process. Land has been taken in some cases and the crops have been destroyed without any compensation for about two years. Mr Sacaria also alleged that there were many irregularities during the finalisation of the design due to political intervention. The participants were quite appreciative of KSTP who informed then that KSTP cannot undo those irregularities at this juncture as the land acquisition process had advanced so much. The team had put a lot of effort to explain the alignment and the measures taken by the KSTP.

1 Annex 7.6

Later the session was opened for public discussion. Since the land acquisition issues are usually similar in nature, all the women participants were requested to present their case one by one followed by men.

a. As a first case, Smt'. Kathaiyanai Amma presented her case. This is the case of a widow having seven children running a small teashop; later the PCC environmentalist has interpreted the case of the PAP for the loss made, total compensation package and additional benefits of being a widow. Wherever required the PMT Environmental Engineer and sociologist interfered and explained other aspects.

b. Similarly 20 such cases were taken up and interpreted to the entire 40 members. During this case interpretation, the team has answered the anxieties of the participants regarding compensation, timing and benefits.

c. The PCC design engineer and the local divisional engineer explained the possibility of minimising impacts by certain minimum design changes such as construction of a retaining wall and shifting the alignment by 1-2 metre etc.

d. At the end chainage, the parties on both sides, wanted to save their properties from being affected. Therefore this part was not considered.

e. Construction of retaining wall has been included to limit the land acquisition. Retaining wall will be provided to save paddy field. Other than this there were no environmental concerns raised during the meeting.

The meeting was closed at 1.30 p.m.

I 8mt is the abbreviation of 8reemathi a local term used to respect ladies.

2 Annex 7.7

MINUTES OF MEETING HELD AT PALA ALONG LINK 84

FOR KSTP - PHASE II UP- GRADATION

Venue: Pala Revenue Divisional Officer (RDO) conference hall Date, Time: July 02, 2003, 04.00p.m. Public Participation: The meeting and the invitation were carried out by the PMT through the KSTP divisional office at Ponkunnam. Participants KSTP PMT/PCC: Mr. Thomas, Superintending Engineer (SE), Project Management Team (PMT) Mr. Sreekantan Nair, Environmental Engineer (EE), PMT Mr. Sundara Rajan C.V., Environmental Specialist, pee Mr. Emmanuel Sociologist, PMT Mr BGP Reddy, Design Engineer, pee Participants form KSTP Ponkunnam division Mr George Kutty, EE, Ponkunnam Division Ms. ShylamoI.V.K. AE, KSTP, Ponkunnam Mr John Kenneth.D AE, KSTP, Ponkunnam Mr. Johny George, AE, KIST, Ponkunnam

Mr George Kutty EE KSTP - Ponkunnam division introduced the team and explained the various aspects of the project preparation as well as the land acquisition procedures.

Mr Emmanuel provided a brief introduction to social issues and the kind of compensation.

Since the team found that the people are mainly interested to know the impact due to the Pala deviation alignment, the team explained the details of the affected structures and properties and persons.

Further, the team explained the various queries with regard to the alignment, affected structures and compensation.

The Vypari Vyvasaya Samithy president requested the KSTP team for avoiding the multi­ storied building (Plate no-14-21). According to the present design, these structures will have to be demolished.

The gathered people generally appreciated the KSTP team for providing the strip plan for their reference.

Most of the questions were relating to avoidance of structures from being affected.

Most of the affected persons will study the consequences and informed that they will represent their case. The team stated that progressive & useful suggestions will be sorted out and implemented with regard to reduced impacts, reduced demolition of valuable properties.

Meeting closed at 5 pm.

1

Annex 7.8

MINUTES OF MEETING HELD AT ADOOR FOR ADOOR BYPASS FOR KSTP-PHASE II UP-GRADATION COMPONENT

Venue: Hotel Lal Residency, Adoor junction Date, Time: June 13,2003, 10.30 a.m. Public Participation: The meeting was arranged by PMT and the invitation carried out by the local NGO (lCSD, Valakom) working for KSTP Phase I. Participants KSTP PMT/PCC: Mr. Sreekandan Nair, Environmental Engineer (EE), Project Management Team (PMT) Mr Emmanuel, Sociologist, PMT

Mr. Sundara Rajan I Environmental Specialist, PCC

Participants from local KSTP division

1. Mr Dileep, AE Kottarakkara 2. Mr Vinod, AE, Kottarakara

Apart from the PCC arid PMT members, 30-invited project affected persons (PAPs) participated in the meeting (Refer attached participants list - attachment-1). The photographs taken during the sessions are attached as attachment-3.

1. The NGO representative Mr K.C. Mathe~ welcomed all participants and the PMT/PCC team for the meeting.

2. Mr Sreekantan Nair, PMT Environmental Engineer opened the meeting and introduced the project team.

3. Mr Emmanuel, sociologist from PMT has explained the land acquisition aspects. Provided a brief idea about the land acquisition and compensation package. Mr. Emmanuel also described the role of NGOs and the time required to complete the land acquisition process.

4. Some of the PAP representatives were very adamant to know whether the alignment has been finalised. The PCC Environmentalist stated that the individuals concern would be heard first and the decision on the alignment etc could be discussed later. Referring to the change in the original PCC alignment, Environment Specialist stated that there were even cases of dropping the bypass (Perumbavoor bypass along link 6) in KSTP after public consultation. The project has tried to address the concerns of Project Affected Persons (PAPs) by limiting the width of the road and all other measures.

5. In response to the PCC environmentalist as stated above, the meeting in general agreed to the proposed bypass alignment and requested the project authorities to address some of the remaining issues.

6. Most important issue along the project road was the conflict between the local MLA and the Municipality. The PMT/NGO has invited both parties in order to resolve the issues amicably. The issue has been . resolved through a tacit understanding, as both parties abstained from the meeting. 1 Annex 7.8

Since the land acquisition issues are usually similar in nature, all the participants were requested to present their case one by one.

a. As a first case, Smt'. Bhavani Amma presented the case. This is the case of a woman having 20 cents. The PMT sociologist has interpreted the case of this PAP for the loss made, and total compensation package.

b. Similarly 12 such cases were taken up and interpreted to the entire 30 participants. During this case interpretation, the team has answered the anxieties of the participants regarding compensation, additional benefits and timing.

c. The team explained the possibility of minimising impacts by certain minor design changes such as the construction of a retaining wall and the shifting of alignment by 1-2 metre etc.

d. Construction of retaining wall has been included to limit the land acquisition. Retaining wall will be provided to save paddy field.

e. The protection of a natural stream and drainage was raised by some of the participants. Taking this into account, the PCC Environmentalist explained the nature of environmental impact mitigation measures incorporated in the project.

Two participants submitted memorandum to the team. Details are provided below. Immediate Name Issue Request Status Response Mr Swan Kutty Alignment Shift the alignment Unemployed, The change in passes towards south to Property of 27 the alignment as through the save the proposed cents for requested will middle of the municipal land and meeting the upset the fixed property of 27 the property. financial alignment along cents requirements for both sides education and hence the marriage of the request cannot son and be considered daughter P.R.Shiva Alignment To shift the road by 14 cents This can be Sankaran Nair passes 1-2 m to save the property with considered through the property and house living during the NGO corner of the building. with parents survey and later property and children during adjacent to construction by the house retaining wall etc. The meeting was closed at 1.00 p.m.

I Smt is the abbreviation ofSreemathi a local tenn used to respect ladies. 2 Kerala State Transport Project Resettlement Action Plan Annex 10 The Impacts of HIVIAIDS

Table 6.1: Plan for Awareness Campaign and Prevention of HIVIAIDS in the KSTP

Implemention Overseeing Project Stage Location Action Theme Action Components Source of Funding Responsibility Responsibility

Awareness Campaign Signing/hoardings Construction Condom dispensing Contractor PIUINGO Contractor's budget Camp Prevention Medical facilities Construction Routine medical check-up Period Project Site Awareness Campaign Signing/hoardings Contractor PIU HIVIAIDS Budget

Immediate Signing/hoardings Surrounding of Awareness Campaign Advertisements NGO PIU HIV/AIDS Budget the Project Medical Facilities

T ruck Lay Byes Awareness Campaign Sig ning/hoardings NGO PIU HIV/AIDS Budget

Signing/hoardings Operation Immediate Period Condom dispensing Surrounding of Awareness Campaign NGO PIU HIV/AIDS Budget the Project Advertisements Medical facilities

Louis Berger InternationaVSheladia/CES/lCT Page Chapter 6-14

Kerala State Transport Project Resettlement Action Plan The Highways Component

Annex 10 Chapter 6

The Highways Improvement And The Impacts OfSTDIHIV/AIDS

6.1 Introduction

Acquired immune-deficiency syndrome (AIDS) caused by the human immuno-deficiency (HIV) virus is emerging as a major health problem and is profoundly affecting different aspects of human life. It has emerged as a serious challenge to the public health system in India. According to the National AIDS Control Organisation, Government of India, after the first AIDS case was detected in India in 1986, over two million people are already infected with the HIV infection today.'

Various studies carried out worldwide by the World Health Organisation and national organisations have established a direct link between the highways users (more specifically the truck drivers) and the commercial sex workers, which is largely responsible for the transmission of the HIV infection. It is this concern that is discussed in this chapter as an attempt in preventing of the spread of the HIV/AIDS on the improved highways.

6.2 HIV/AIDS in India

As the highways are improved, the transport system also improves. Throughout the world, the growth of transport systems has been and continues to be a key element in economic development. In both developed and developing countries, increases in GNP are accompanied by greater investment in both vehicles and transport infrastructure. In the developing world, current trends in population, industrialisation and urbanisation put heavy pressures on the transport networks in general. This trend, in fact, has resulted in a growth of many transport companies and, consequently, vehicles and crewmembers in many parts of India.

It is reported that HIV is rapidly spreading to rural areas in India through migrant workers and truck drivers. Surveys show that five to ten percent of the truck drivers in the country are infected with HIY. The World Health Organisation estimates that currently there are two to five million crewmembers (drivers, assistants) of inter-city trucks in India. Besides being away from their homes for most of the year (almost eleven months), 75-90% of these drivers have a high rate of sexual promiscuity with female commercial sex workers and other sex friends enroute upon their travels or at places where they stop for rest.

The truck drivers are also reported to engage in homosexual relations with their assistants. The crew members, their spouses and the female commercial sex workers serving these men on the route and also in cities and towns constitute a sexually active population of approximately 5-12 million in India.

I NACO Country Scenario, 1998-99. National AIDS Control Organisation, Ministry of Health & Family Welfar,e, Government ofIndia. New Delhi, undated (1999?).

Louis Berger InternationallSheladia Associates/CESIICT Page Chapter 6-1 KeraJa State Transport Project Resettlement Action Plan

6.3 The Kerala Scene

Discussions held with the Kerala State AIDS Control Society (KSACS) indicate that four varieties of commercial sexual liaison are responsible for the growth of STDIHIY / AIDS:

• Street based • Family based • Lodge based • Theatre based

The street based liaison refers to commercial sex workers (CSWs) who are picked up by clients from identified spots on the streets in a given city or town. "Lodge" based liaison refers to some identified hotels or other residential arrangements where the owners permit the commercial sexual liaison to take place. Family based liaison has approval of the family members or community members of the CSWs. "Theatre" based refers to cinema theatres where young men, mostly college students, take CSWs for non-coital sexual gratifi cati on.

No case studies have been made on the social conditions of deprivation, which lead the women to become CSWs. It is generally known that urbanisation and globalisation of the Indian economy in recent. years have increased the numbers of the CSWs due to joblessness and poverty in the rural hinterland. At present there are only estimates and assumptions.

The KSTP engaged the KSACS for a quick survey of the situation in the State for incorporating mitigating factors in the project, as it is feared that increased movement of vehicles on improved roads would increase the incidence of HIY/AIDS by their drivers. The KSACS organised field visits to its project sites at Kanjirapally, Palakkad, Kottayam, Kumily, Kozhikode, Pathanamthitta, , and Emakulam. At all these sites interviews and focus group discussions were held with the project team and peer educators. The following aspects were explored during the sessions:

With the Project Staff. • Does the need assessment give an indication of high risk sexual behaviour on the highways? • Do the sex workers report that the highway drivers and crew form their significant client group? • How does the existing health system address the health issues related to highways? • What could be the complementary strategy if the highway specific sexual health issue exist?

With the Peer Educators: • Do they have many clients from among highway drivers and crew and others special in the highway area? • Is there a difference in the condom using habits among the above population? • Did they experience any highway specific sexual health issue in their area?

The focus group discussions and the interviews revealed that the truck drivers do not figure prominently. It is estimated that, of all commercial sexual liaisons, truck drivers as clients constitute less than 20%. Several factors discourage truckers' involvement:

Louis Berger Intemational/Sheladia Associates/CES/ICT Page Chapter 6-2 Kerala State Transport Project Resettlement Action Plan The Hl0'hUI~\f"

• Unlike in other states, Kerala can be reached from the neighbouring states in less than 20 hours; • The major trucking roads, NH 47 and SH 1, are heavily congested on both sides with residential and shopping areas; • Unlike other states, especially in North India, there are no roadside "dhaba" in Kerala which provide truckers with food as well as clandestine sex facilities; • Truckers coming into Kerala are already sensitised by programmes in other States; • Kerala is an end destination with fewer transitory trucking routes.

Other findings include the following:

• The sex workers operating in different parts of the State often engage in sexual encounters with a population having linkages with the highways. This includes picnic groups, vehicle crew, travellers in connection with social festivals, etc. • Sexual encounters inside parked vehicles take place mainly in some lorry stands in town areas. • Condom usage during these encounters is reported to be high. However, it is also reported that sufficient condom outlets, if identified and promoted, would be a good step forward. • It is also reported that there are great opportunities for target specific communication to be provided in this area. • Homosexual activity in these areas with those from among highway drivers and crew and others is reported to be rare except at Kottayam and Kumily. In these two areas there are reports of commercial MSM (men having sex with men) activity. • Families and other areas, such as forests, near the highways are often used as operation points for the commercial sexual activity. • It is reported that many adolescent boys and young men come in small groups from other places in their own vehicles, pick up the commercial sex workers from the highways and take them elsewhere for the activity. Most of the time they are drunk and do not carry condoms with them. • While the health care issue has not taken alarming proportion, the relevance of the existing health care delivery system and the utility of the services from there could be improved a lot to give better results. A proper approach and strategy is lacking in this area along with gross shortage of facilities and manpower.

The CSWs operate mostly on the interstate routes, most notably at and around the check points. 2 These routes include the Kottayam-Kumily road which ultimately lead to State, NH 17 connecting the city of Kochi in Kerala to , and the Valayar check post on NH 47 near Palakkad at the border between Kerala and Tamil Nadu. The check posts are important points because here the truckers get some extra time for themselves before their tum for checking comes. Other geographical areas include remote places in Way an ad district, bordering Tamil Nadu and Kamataka States, where there are only sparsely populated hutments. The CSWs there are known to be women from the poor and vulnerable tribal families.

2 Check points are identified spots along the highways where the regulatory authorities carry out the verification exercise of motor vehicles, especially trucks, including collection of octroi and excise duties.

Louis Berger InternationallSheladia AssociateslCESIICT Page Chapter 6-3 Kerala State Transport Project Resettlement Action Plan The Highways Component

The commercial sex activity is not organised in Kerala. The CSWs work mostly on individual or fami ly enterprise. However, they are not the only source of STD/HIV / AIDS. Important sources of STDIHIV / AIDS in the State are the young men in the age group of 20-30, who migrate to other parts of the country and abroad in search of livelihoods. They return home to get married without realising that they are infected by HIV due to their casual sexual liaison with CSWs at their respective places of work. Their young wives, typically in their mid-20s, and the newborn children are the new risk groups in the State. It is reported that this form of HIV / AIDS contracting has taken an alarming upward trend in recent years.

The growth of tourism in the State has spawned two other risk groups in recent years, consisting of the homosexuals and the hotel room attendants. The latter group is known to be taken often by foreign female tourists for their sexual gratification.

Fighting the HIV / AIDS problem in the State started four years ago as part of the programme of the National AIDS Control Organisation. In the Phase I of this effort, emphasis was placed on awareness generation regarding the risks involved. The KSACS, a unit of the State Health Department, has now shifted the strategic plan to contain HIV/AIDS from awareness programmes to active intervention in the risk groups.

The KSACS targets the CSWs for intervention where they function. The street based CSWs are known to function during the day wherever their clients take them. In the night, they move to the bus stations in large towns and cities for clients where no activities take place between 10 PM and 5 AM. The women are given condoms and it is reported that in most cases they are successful in persuading the men to use them.

The neighbouring State of Tamil Nadu has an active HIV/AIDS prevention programme and the long distance truckers coming into Kerala are already targeted in that State. Therefore, Kerala at present does not have an active programme to particularly target the truckers.

Significantly for the Kerala State Transport Project, the STDIHIV / AIDS menace does not appear to project a particular problem. Kerala has its share of the problem, but it is not restricted to only one segment, that is, the truckers. It is the population of the State at large that is affected and the present efforts are designed to contain the spread of the problem in general.

6.4 Action Plan: What Needs to be Done

Although the problem of commercial sexual activity along the highways in Kerala is not significant, there is a need to address it, especially in the border road areas, as a preventive measure. It would be advisable to design the support services as part of the highway project with strong and sustainable linkages with the current PSH (partnership in sexual health) projects in the State supported by the British DflD and carried out by NGOs. In the social context of Kerala, it would be worthwhile launching a sexual health awareness programme in connection with social festivals.

An action plan has been prepared for awareness campaign and prevention of HIV / AIDS, as shown in the following table and a comprehensive budget appended to the R&R budget.

Louis Berger International!Sheladia Associates/CES/lCT Page Chapter 6-4 Corridor of impact width ADOOR BYPASS

1 0.00 50.00 50.00 14.57 728.50 2 50.00 55.16 5.16 13.59 70.12 3 55.16 100.00 44.84 13.78 617.90 4 100.00 150.00 50.00 16.97 848.50 5 150 00 200.00 50.00 17.91 895.50 6 200.00 250.00 50.00 16.79 839.50 7250.00 300.00 50.00 16.93 846.50 8 300.00 350.00 . 50.00 16.85 842.50 9 350.00 384.36 34.36 16.90 580.68 10 384.36 400.00 15.64 16.85 263.53 11 400.00 450.00 50.00 16.87 843.50 12 450.00 468.87 18.87 16.85 317.96 13 468.87 500.00 31.13 16.81 523.30 14 500.00 550.00 50.00 16.79 839.50 15 550.00 600.00 50.00 16.71 835.50 16 60000 650.00 50.00 16.98 849.00 17 650.00 700.00 50.00 17 17 858.50 18 700.00 750.00 50.00 17.39 869.50 19 750.00 800.00 50.00 17.34 867.00 20 800.00 846.04 46.04 17.31 796.95 21 846.04 850.00 3.96 17.47 69.18 22 850.00 900.00 50.00 1746 873.00 23 900.00 950.00 50.00 14.36 718.00 24 950.00 979.49 29.49 14.46 426.43 25 979.49 1000.00 20.51 15.25 312.78 26 1000.00 1050.00 50.00 17.49 874.50 27 1050.00 1100.00 50.00 17.34 867.00 28 1100.00 1150.00 50.00 17.26 863.00 29 1150.00 1200.00 50.00 17.41 870.50 30 1200.00 1250.00 50.00 17.84 892.00 31 1250.00 1300.00 50.00 17.37 868.50 32 1300.00 1326.67 26.67 17.27 460.59 33 1326.67 1350.00 23.33 17.18 400.81 34 1350.00 1378.75 28.75 16.98 488.18 35 1378 75 1400 00 21.25 16.43 349.14 36 1400.00 1450.00 50.00 16.37 818.50 t--':3:-::7=--+--::-1-:4-=5=-=0'-:::0-=-0 1 499.96 49.96 16.52 825.34 38 1499.96 1550.00 50.04 1665 833.17 39 1550.00 1600.00 50.00 17.08 854.00 40 1600.00 1650.00 50.00 17.65 882.50 41 1650.00 1700.00 50.00 17.30 865.00 42 1700.00 1750.00 50.00 17.51 875.50 43 1750.00 1789.37 39.37 17.73 698.03 44 1789.37 1800.00 10.63 17.81 189.32 45 1800.00 1850.00 50.00 18.15 907.50 46 1850.00 1900.00 50.00 19.35 967.50 Corridor of impact width ADOOR BYPASS

,­ . Width ,'Area : : ~~:/:Chainage",.: '. .. : )L~n~th:- •'. : : required re9uired :~Ftom : To : '.:< <:­ ' . 'im)/: : : : ; : : : 'fro) (sq.m) ~~Hm • 47 1900.00 1910.59 10.59 17.91 189.67 48 1910.59 1948.28 37.69 18.40 693.50 49 1948.28 2003,45 55.17 18 96 1046.02 50 2003.45 2100.00 96.55 19.56 1888.52 51 2100.00 2153.39 53.39 14.31 764.01 52 2153.39 2174.00 20.61 13.76 283.59 Total 37049.21 Corridor of impact w-idth Pala bypass

1 0 50.51 50.51 10.94 552.58 2 50.51 69.33 18.82 10.94 205.89 3 69.33 75.00 5.67 10.94 62.03 4 75 100.00 25.00 10.94 273.50 5 100 125.00 25.00 10.94 273.50 6 125 145.78 20.78 10.94 227.33 7 145.78 150.00 4.22 10.94 46.17 8 150 175.00 25.00 10.94 273.50 9 175 182.35 7.35 10.94 80.41 10 182.35 200.00 17.65 10.94 193.09 11 200 203.38 3.38 10.94 36.98 12 203.38 225.00 21.62 10.94 236.52 " 13 225 239.95 14.95 10.94 163.55 14 239.95 250.00 10.05 10.94 109.95 15 250 259.95 9.95 10.94 108.85 16 259.95 275.00 15.05 10.94 164.65 17 275 292.27 17.27 10.94 188.93 18 292.27 300.00 7.73 10.94 84.57 19 300 312.27 12.27 10.94 134.23 20 312.27 325.00 12.73 16.15 205.59 21 325 350.00 25.00 20.97 524.25 22 350 425.00 75.00 27.50 2062.50 23 425 450.00 25.00 31.79 794.75 24 450 475.00 25.00 29.25 731.25 25 475 500.00 25.00 27.64 691.00 26 500 525.00 25.00 28.04 701.00 27 525 547.37 22.37 27.39 612.71 28 547.37 550.00 2.63 25.57 67.25 I---=-::----f--­ 29 550 575.00 25.00 25.37 634.25 30 575 600.00 25.00 24.04 601.00 31 600 601.37 1.37 22.97 31.47 32 601.37' 625.00 23.63 22.91 541.36 33 625 650.00 25.00 22.18 554.50 34 650 675.00 25.00 24.50 612.50 35 675 694.67 19.67 23.50 462.24 36 694.67 700.00 5.33 2308 123.02 37 700 725.00 25.00 23.07 576.75 38 725 750.00 25.00 23.09 577.25 39 750 758.95 8.95 23.71 212.20 40 758.95 775.00 16.05 23.88 383.27 41 775 800.00 25.00 23.87 596.75 42 800 825.00 25.00 24.02 600.50 43 825 852.15 27.15 24.53 665.99 44 852.15 875.00 22.85 23.19 529.89 45 875 900.00 25.00 23.83 595.75 46 900 916.44 16.44 27.62 454.07 Corridor of impact width Pala bypass :::::~H~;pqljil~~~g~~HJj): .T:~:r~~:·d .~q;Y:I~~ .. m~m~ it ill III-I tj IOOmi!i Iiiii ;jlsqltiiV: 47 916.44 925.00 8.56 28.79 246.44 48 925 950.00 25.00 27.67 691.75 49 . 950 975.00 25.00 21.88 547.00 50 975 1000.00 25.00 10.94 273.50 51 1000 1025.00 25.00 10.94 273.50 52 1025 1050.00 25.00 10.94 273.50 53 1050 1070.00 20.00 10.94 218.80 Total 21083.81 Corridor of impact W'idth THIRUVALLA BYPASS Chainage Width Area -. Length '. Sr.no required required From To {rn) (m) . (sq;m) 1 0 50 00 50.00 12.58 62900 2 bO 6576 15 76 24 8'1 391 01 -~-~--...... 6576 100 00 34.24 26.07 89264 ~-.-. -_.,.. _. 4 10n 132.42 32.42 2646 857.83 5 13242 '150.00 1'7.58 27.19 478.00 6 150 200,00 50.00 26.88 1344.00 7 200 250.00 50.00 27.38 1369.00 8 250 301.83 51.83 28.39 1471.45 9 301.83 350.00 48.17 28.45 1370.44 -.~-~.-.-... 10 350 368.50 18.50 27.46 508.01 11 368.5 400.00 31.50 29.37 925 16 12 400 445.06 45.06 2885 1299 98 13 445.06~30 57.24 30.70 1757.27 14 502.3 50.00 47.70 30 1442.93 15 550 578.86 28.86 30.10 868.69 16 578.86 600.00 21.14 30.13 636.95 17 600 650.00 50.00 30.25 1512.50 18 650 700.00 50.00 30.49 1524.50 19 700 717.20 17.20 29.80 512.56 20 7172 756.26 39.06 29.52 1153.05 21 756,26 857.58 101.32 29.04 2942.33 r-----= - 22 857.58 896.64 39.06 20.29 79253 23 896 64 943.64 47.00 21 95 1031.65 24 94364 950.00 6.36 23.93 152 19 --"-"­ 25 950 997.52 47.52 24.27 1153.31 26 1000.00 2.48 21,15 52.45 991.5.~_ ._.._---,::­ - ..­ 27 1000 1050.00 50.00 21.10 1055.00 28 1050 1100.00 50.00 1848 924.00 29 1100 1150.00 50.00 - 21.63 1081.50 30 1150 1200.00 50.00 13.94 697.00 31 1200 1232.23 32.23 13.94 449.29 32 1232 17.77 13.94 247.71 33 1250 . 36.11 13.94 503.37 34 1286.11 1300.00 13.89 193.63 35 13 1329.64 29.64 413.18 36 1329.64111 1350.00 20.36 13.94 283.82 37 1350 1361.64 11.64 13.94 162.26 38 1361 64 1368.87 7.23 13.94 100.79 39 1368.87 1400.87 3200 13.94 446.08 40 1400.87 1426.47 25.60 15.25 390.40 41 1426.47 1442.77 16.30 15.11 246.29 42 1442.77 1450.00 7.23 14.56 105.27 43 1450 1468.37 1837 14.56 267.47 44 1468.37 1500.00 31.63 14.56 460.53 45 1::;00 1519.05 19.05 14.56 277.37 46 1519.05 1550 00 30.95 14.56 45063 Corridor of impact width THIRUVALLA BYPASS .. ,:. Width . Area <

,',',', ", . , , .. :·:Wehgth ...... }~quired. 1< .. (rm ;;::: .. ·~9l~ired • To:::::· :. ' ',' .'.:.: :::Frp:~; ;. ~ - . . ~~·f~ . ,...... - , :)(rn} ::{sq.m} 47 1550 1600.00 50.00 14.56 728.00 48 1600 1615.41 15.41 14.56 224.37 49 1615.41 1650.00 34.59 1456 503.63 50 1650 1669.38 19.38 14.56 282.17 51 1669.38 1693.38 24.00 14.56 349.44 52 1693 38 1707~22 13.84 16.64 230.30 53 1707.22 1731.22 24.00 16.64 399.36 54 1731.22 1750.00 18.78 17.89 33597 55 1750 1781.22 31.22 19.14 597.55 56 1781.22 1800.00 18.78 20.64 387.62 57 1800 1850.00 50.00 20.64 1032.00 58 1850 1900.00 50.00 20.14 1007.00 59 1900 1905.82 5.82 18.89 109.94 60 1905.82 1950.00 44.18 18.64 823.52 61 1950 1955.82 5.82 18.64 108.48 62 1955.82 2000.00 44.18 35.08 1549.83 63 2000 2022.60 22.60 35.90 811.34 64 2022.6 2050.00 27.40 35.64 976.54 65 2050. 2100.00 50.00 28.24 1412.00 66 2100 2150.00 50.00 25.34 1267.00 67 2150 2200.00 50.00 20.71 1035.50 68 2200 2250.00 50.00 19.88 994.00 69 2250 2275.00 25.00 20.14 503.50 70 2275 2295.00 20.00 19.32 386.40 Total 51880.47 Corridor of impact width Thodupuzha bypass

1 0 50.00 50.00 14.80 740.00 2 50 100.00 50.00 23.03 1151.50 3 100 150.00 50.00 19.57 978.50 4 150 200.00 50.00 15.73 786.S0 5 200 250.00 50.00 17.67 883.50 6 250 350.00 100.00 15.12 1512.00 7 350 400.00 50.00 19.49 974.50 8 400 450.00 50.00 19.00 950.00 9 450 500.00 50.00 20.08 1004.00 10 500 550.00 50.00 1421 710.50 11 550 577.54 27.54 19.05 524.64 12 577.54 600.00 22.46 20.05 450.32 13 600 700.00 100.00 20.29 2029.00 14 700 750.00 50.00 17.35 867.50 15 750 800.00 SO.OO 15.80 790.00 16 800 850.00 50.00 15.20 760.00 17 850 900.00 50.00 15.95 797.50 18 900 950.00 50.00 17.45 872.50 19 950 954.82 4.82 18.45 88.93 20 954.82 1000.00 45.18 18.70 844.87 21 1000 1050.00 50.00 18.20 910.00 22 1050 1085.32 35.32 16.09 568.30 23 1085.32 1100.00 14.68 15.30 224.60 24 1100 1135.32 35.32 16.15 570.42 25 1135.32 1150.00 14.68 16.07 235.91 26 1150 1200.00 50.00 15.27 763.50 27 1200 1250.00 50.00 14.74 737.00 28 1250 1300.00 50.00 16.98 849.00 29 1300 1350.00 50.00 19.06 953.00 30 1350 1400.00 50.00 17.63 881.50 31 1400 1419.58 19.58 17.18 336.38 32 1419.58 1450.00 30.42 16.73 508.93 33 1450 1469.58 19.58 29S.66 34 1469.58 '1500.00 30.42 15.30 465.43 35 1500 1513.06 13.06 15.56 203.21 36 1513.06 1550.00 36.94 16.72 617.64 37 1550 1600.00 50.00 ·16.45 822.50 38 1600 1631.04 31.04 14.73 457.22 39 1631.04 1650.00 18.96 16.19 306.96 40 1650 1674.52 24.52 18.95 464.65 41 1674.52 1700.00 25.48 21.27 541.96 42 1700 1750.00 50.00 17.50 875.00 43 1750 1800.00 50.00 19.43 971.50 44 1800 1845.36 45.36 23.94 1085.92 45 1845.36 1850.00 4.64 15.20 70.53 46 1850 1900.00 50.00 14.41 720.50 Corridor of impact width Thodupuzha bypass ~~~:~~::~:." \:: Chairiage>:::::: :.;.< • '::::' ".:' ::­ '+ .: (mY·· : .' :::: ~'. . ?'(sq.m(: 47 1900 1906.89 6.89 16.58 114.24 48 1906.89 1950.00 43.11 21.76 938.07 49 1950 2000.00 50.00 15.72 786.00 50 2000 2043.26 43.26 13.54 585.74 51 2043.26 2050.00 6.74 15.62 105.28 52 2050 2100.00 50.00 15.26 763.00 53 2100 2104.80 4.80 22.71 109.01 54 2104.8 2150.00 45.20 30.51 1379.05 55 2150 2157.06 7.06 29.82 210.53 56 2157.06 2200.00 4294 28.43 1220.78 57 2200 2250.00 50.00 21.61 1080.50 58 2250 2253.19 3.19 18.61 59.37 59 2253.19 2343.95 90.76 18.56 1684.51 60 2343.95 2350.00 6.05 25.64 155.12 61 2350 2400.00 50.00 33.11 1655.50 62 2400 2409.16 9.16 31.22 285.98 63 2409.16 2450.00 40.84 31.45 1284.42 64 2450 2473.68 23.68 28.65 678.43 65 2473.68 2500.00 26.32 25.73 677.21 66 2500 2550.00 50.00 22.49 1124.50 67 2550 2600.00 50.00 18.41 920.50 68 2600 2650.00 50.00 14.66 733.00 69 2650 2670.65 20.65 14.56 300.66 70 2670.65 . 2690.00 19.35 14.88 287.93

Total ~ 50292.80 Resettlement and Rehabilitation along Muvattupuzha - Chengannur Road

Status before Displacement After Resettlement

Graiju Jose, squatter-residential, Ch. Presently titleholder, semi-permanent house 33.250L

P N Kunju, squatter - residential Ch Presently titleholder, semi-permanent house 34.600L

Presently titleholder, semi-permanent house

Presently titleholder, permanent house Madhavan Squatter residential Ch 34.200L Makotha Krishnan Squatter -residential Ch 34.150L

Madhavi squatter -residential Ch 14.850L

Rajan presently titleholder Ch 31.1 OOL

presently titleholder res. 17.000L presently titleholder K R Madhu Squatter res. 15.700L Sarada Sankaran Squatter residential Ch O.950R

nrp·C!..r.tl'V titleholder Sasthavu Squatter - res. Ch 3.470L

Kunjukutty Squatter res. Ch 5.450L

Link 74: Thalassery-Valavupara Road: Photographs of structures before and after resettlement

Before Displacement After Resettlement

Old residence of Manikkam, Squatter (Sq) No - New residence at Koottupuzha

Old residence of Mariyakutty Puthenpurakkal (Sq) Titleholder, new residence at Kunnoth

Old residence of Antony Thattil (Squatter)

Old residence of Gopalan Thykkattil (Squatter) New residence at 32nd Mile, Vila mana

Old residence of Mani Puloorkunnu (Squatter) New residence at Thillankery, Titleholder Before Displacement Old residence of Davood, Kunnath (Squatter) New Residence under construction at Kootupuzha. Titleholder. Presently staying with a relative

Old residence of Prakasan Manakkattil (Squatter) New house under construction at Kootupuzha. Titleholder. Presently living with a relative

Old house of Raghavan Thykattil, Squatter Work in progress in own land. Presently living with a

Old Residence of Babu Kallukutty, Squatter New Residence at Koottupuzha, titleholder.

Old Residence ofThomas Cherucheruppil, New house at Vila mana, Titleholder Titleholder Link 84.1 & 84.2: Photographs of displaced structures and new ones where resettled

Status Before Displacement After Resettlement

Sherifa Beevi, Presently tenant commercial squatter, Ch.0.900

Abdul Rehman, Squatter­ Presently tenant commercial, Ch.I.800

Now titleholder of 90 M2 of land and owner ofa permanent house

Now a tenant-commercial lI"!idi(-!O.: J'

Gopalakrishnan J, Squatter-Residential Ch.3.220 Titleholder of of land and a semi-permanent house Status before Displacement After Resettlement

Rajeswary P, squatter-residential, Ch. 3.330 Presently owner, semi-permanent house

Geevarghese K., Squatter-commercial, Ch.3.450 Presently owner of 10 and shop

Gheevarghese Raju - Squatter, Commercial Ch.3.685 Tenant, commercial

Radha Manoj, ...... ,...","u"'. 3.795 Owner of Rajamma Damodaran, Squatter-Residential & Owner of 50 M of land and a semi-pennanent house Commercial Ch.3.810

James Daniel, Squatter-Residential Ch.3.700 Owns 50 M and a semi-pennanent house

Now: Tenant, commercial

Sajitha, squatter residential, Ch.5.775 Now titleholder, Residential

Rajamma Damodaran, squatter residential & commercial Owner of 50 M of land and semi-pennanent residential & commercial structure Ummerkhan, residential squatter, ch.5.850 Titleholder, Residential

Ibrahimkutty, Squatter-commercial Ch.5.525 Tenant, commercial

Somarajan R, Squatter, commercial Ch.6.300 Presently tenant, Commercial

Gomathy K., Squatter-commercial Ch.7.130 Owner of land, commercial

Prasad V., Squatteer Ch.7.930 Residential & Owner, Residential & commercial in 50 M commercial Nalini, Squatter, residential & commercial Ch.7.930 Owner residential & commercial !t.'" ;';" ~.;".." .•. -: .... V

Babu K, squatter, residential Ch.7.955

Rajamma Kunjachan, Squatter, residential & Owner residential & commercial SO M commercial Ch.7.970

Prabhakaran Nair, squatter, commercial Ch.S.035 Titleholder, commercial SO M

Owner, residential, SO M Manian, squatter, residential Ch.9.645 Sreedharan, squatter, residential Ch.9.645 Title holder residential 30 M2

Santhamma Bhanu squatter-residential Ch.9.650 Title holder residential 30 M2

Mariamma, squtter, residential, Ch.9.670 Titleholder, residemtial 50 M

Owner, residential, 50 M

Aly, squatter, residential ch.9.685 Owner, residential 60 M Sophia, sq

Kumar, N, Squatter, residential Ch. 9.710

Salimkutty, sq, residential Ch.9.725 Own residence in 40

Rajamma K, squatter, residential ch. 9.735 Own reS.IUeJlma house in progress in 40 Rajesh Y, Sq. Residential, Ch.9.790 Work in progress in own 60 M2 land

Podiyan, Work in progress

Usha, squater residential ch.9.810 is in progress

Thankamma K, Squatter, residential Ch,10.035 Title holder residential 30 M2

Lekshmanan, Residential squatter, Ch.l 0.100 Title holder residential 40 M2 Sarasamma, Ch.1 0.135 Residential Title holder residential 35 M2

• Rahim, sq. Res& commercial, Ch.l 0.170 Own residential & commercial structure

Raju G., Residential & commercial Ch.17.720 Own residential in 60 M

Thomas PC, Squatter, residential Ch. 17.830 Own residential in 60 M

Kunjukutty, Ch, 18.600 Residential & commercial Residential & commercial Sunny Thomas, Residential, TH, Ch.32.350 Residential Titleholder, 40 M2

Padmanabhan Pillai, Ch.33.070 , TH, Residential Residential after resettlement

Chellappan M.P., Ch. 34.120 Titleholder, Residential Titleholder, residential after Resettlement