Rehabilitation & Resettlement
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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 Kerala 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 Government of Kerala 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 Pilathara - Pappinssery 21.00 12.30 15.0 2 69 Kasargode - Kanhangad 24.00 17.35 15.26 3 74 Thalasery - Valuvapara 53.78 11.89 15.0 Chengannur - 4 4 47.00 13.39 15.57 Ettumanoor Ettumanoor Advanced 5 5 - 40.90 13.14 15.0 Muvattupuzha stage of RAP implementation 6 84.1 Punalur - Ponkunnam 82.12 10.96 15.0 Ponkunnam 7 84.2 - 50.10 10.54 15.0 Thodupuzha Detailed design 41 & Perumbilavu-Pattambi- 8 41.0 10.54 15.0 under 47 Perinthalmanna 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, Thiruvalla, Changanassery, ~ 16 8 ~ottayam, Perumbaikad, Kanakkari,~ Alappuzha, Pathanamthitta, Kottayam Kuravilangad & Athirampuzha ~ttumanoor, Monipally, 5 10 4 Kootha~ukulam and~ Kottayam, Emakulam Muvattupuzha Pilathara, Madai, Kannapuram, Kalyasseri & 1 j Kannur ~8 r Pappinisery ~9 ~ 4 ~asaragod, Uduma, Hosdurg and Kanhangad 1 Kasaragod ~halassery, Eranholi, Kadirur, Koothuparamba, 1 74 12 7 I'..annur Mattannur, Uliyil and Iritty Punalur, Pathanapuram, Koodal, Konni 84.1 9 Kollam, Pathanamthitta, Kottayam ~O Pathanamthitta, Ranni & Pazhavangady 13 ~anjirapaJly, Pala, Bharananganam, Ramapuram~ 84.2 13 5 ~ottayam, Idukki ~d Thodupuzha 41 &47 ~O ~ Perumbilavu, Pattambi and Perinthalmanna j ~hrissur, Palakkad & Malappuram . 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 Sabarimala 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.