Overview of KSTP-II Implementation Report and RAP
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Overview of KSTP-II Implementation Report and RAP 1. The Government of Kerala (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 km from the 2810 km of priority roads for upgadation. The Strategic Option Study identified 581 kms of roads for upgradation and 1000 kms 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 km of Phase I road was upgraded and maintenance works for 1180 km were carried out from June 2002 to 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 (RAP) for Phase II roads (Addendum I). In addition, two more links number 41 and 47 Perumpilalavu-Pattambi and Pattambi- Perinthalmanna of 41 km 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 of the 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 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 of KSTP II, census and counseling the entitled persons of their rights and entitlements, issuing identity cards, fixing land value through negotiation with Page 1 Overview of KSTP-II Implementation Report and RAP 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 of private 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 of updated or digitalized land records all survey numbers of the land within the corridor of impact could not be identified. The Land acquisition notices were issued on the basis of record 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 of R&R of KSTP. In order to ensure that valuation of property 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 Page 2 Overview of KSTP-II Implementation Report and RAP 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 242 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 of grievances 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 1 of The World Bank. KSTP assisted displaced persons to improve 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 13% increase in pucca (permanent) structures which was directly linked with the decrease in kutcha (shackle) and semi-pucca structures. Other amenities accessed by the PAFs/PDFs 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. 13. Analysis of budget 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 of LA 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 1 st January 2010 to 30 th September 2012 is Rs.711 million of which R&R assistance constituted Rs.307 million. 1 The preparation of KSTP was initiated in 2000 and World Bank’s Operational Directive 4.12 was applicable which was replaced with Operational Policy 4.12 in 2002. Page 3 Overview of KSTP-II Implementation Report and RAP 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 30 th September 2012. LA and R&R process is being implemented and is likely to complete before the end of 2012 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 of the 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 of properties from the notification under Section 4(1) of the LA Act was a major impediment which necessitated subsequent issue of notifications. The remaining is 2.85% of the total required land for which an action plan is being implemented and will be completed by end 2012. November, 2012. For link 41&47, it proposed to acquire the land by end of 2013. 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.