Resettlement Plan December 2013 IND: North Karnataka Urban Sector Investment Program (Tranche 2)- Sewerage Treatment Plant- Rabakavi Banahatti Sub-projects Prepared by the Karnataka Urban Infrastructure Development Finance Corporation, Government of Karnataka for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 28 March 2012) Currency unit – rupee (INR) INR1.00 = $0.01965 $1.00 = INR 50.865 ABBREVIATIONS ADB : Asian Development Bank APs : Affected Persons BPL : Below Poverty Line CC : City Corporation CBO : Community Based Organization CDP : Community Development Plan CDO : Community Development Officer CMC : City Municipal Corporation DC : Deputy Commissioner DLVC : District Level Valuation Committee DMA : Directorate of Municipal Administration DSWO : District Social Welfare Officer DoSW : Department of Social Welfare DoT W : Department of Tribal Welfare DTWO : District Tribal Welfare Officer EA : Executing Agency Gol : Government of India GoK : Government of Karnataka GRC : Grievance Redressal Committee HH : House Holds IA : Implementing Agency IEE : Initial Environmental Examination IP : Indigenous People IPDF : Indigenous People Development Framework 1PDP : Indigenous People Development Plan KUIDFC : Karnataka Urban Infrastructure Development and Finance Corporation KUWSDB : Karnataka Urban Water Supply and Drainage Board LA : Land Acquisition LAA : Land Acquisition Act M&E : Monitoring and Evaluation NGO : Non-Government Organization NOC : No Objection Certificate NKUSIP : North Karnataka Urban Sector Investment Program IPMU : Investment Project Management Unit PMU : Project Management Unit PWD : Public work Department RF : Resettlement Framework RO : Resettlement Officer RP : Resettlement Plan SA : Social Assessment SC : Schedule Caste ST : Schedule Tribe STP : Sewerage Treatment Plant TMC : Town Municipal Council ULB : Urban Local Body GLOSSARY • Affected Persons (APs) are persons who have economic interests or residence within the Investment Program impact area and who may be adversely affected directly by the Investment Program. Affected Persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part and those losing income sources as a result of project action or having losses as described in the Entitlement Matrix. APs include both titled and non-titled persons experiencing resettlement impacts due to the Investment Program. • Assistance refers to the support provided to APs in the form of ex-gratia payments, loans, asset services, training and skills development, etc. in order to improve the standard of living and reduce the negative impacts of the Investment Program. • Below Poverty Line (BPL) households are household whose monthly income is less than a designated sum as determined by the Government of Karnataka (Rs.24,000 per annum), will be considered Below Poverty Line. • Vulnerable Households, for Investment Program compensation entitlement purposes, are households headed by women, disabled persons, indigenous persons, and BPL households. • Compensation refers to the amount paid under the Land Acquisition Act, 1894 (amended 1984), for private property, structures and other assets acquired for the Investment Program. In this context, compensation refers to payments made by the Government when title of a property is transferred from a private entity to the government. • Cut-off Date. The date of notification under Section 4 (1) of Land Acquisition Act will be considered as cut-off date for APs who have legal title to the land/property, proposed for acquisition. In the case of Squatters, Encroachers and unauthorized occupants the date of census/socio-economic survey conducted by the Implementation Agency will be considered as the cut-off date for entitlements under the Investment Program. • Deputy Commissioner is the Administrative head of a District. • Encroachers are persons who have extended their building, agricultural lands, business premises or work places into government lands. • Poverty Line is based on the poverty indicators identified by Government of Karnataka (Rs. 24,000 per annum). • Private Property Owners are those who have legal title to land, structure and other assets. • Replacement Value of the acquired assets and property is the amount required for the Affected Household to replace/reconstruct the lost assets through purchase in the open market. • Requisitioning Authority shall mean any company, a body corporate, an institution, or any other organization for whom land is to be acquired by the appropriate Government Agency, and includes the appropriate Government Agency if the acquisition of land is for such Government Agency either for its own use or for subsequent allotment of such land in public interest to a body corporate, institution, or any other organization or to any company under lease, license or through any other system of transfer of land to such company, as the case may be. • Squatters are those who have illegally occupied lands for residential, business and or other purposes. • Tenants and Sharecroppers are those persons having bonafide written or unwritten tenancy agreements, with a private property owner having clear property titles, to occupy a structure or land for agricultural use, residence and business. • Subsistence Allowance: Subsistence allowance may be described as a transitional allowance which will be offered to all those APs whose livelihood is getting affected due to subproject and which AP may utilize/consume till he/she finds another source of livelihood. The subsistence allowance will be decided based on minimum wage rates (refer Annex F on Minimum Wages in Karnataka) and will be paid for a maximum period of three months within which AP can look for another source of livelihood. In case of vulnerable households, the subsistence allowance for three months will be supplemented by livelihoods related skill training. • Shifting Assistance: Shifting Assistance will be provided to APs to move from place proposed for acquisition to new place decided by AP. The shifting assistance will be decided depending upon the quantum of material/assets to be shifted and the distance. ULB may provide free transport facility for this. Shifting assistance will be a onetime payment decided based on the amount of material/assets to be shifted and the distance. Alternatively the ULB may provide free transport facilities. • The District Level Valuation Committee (DLVC) chaired by the Deputy Commissioner will be responsible for determining the Replacement Value of land and structures. Other members of the DLVC shall comprise the Land Acquisition Officer of the Project Management Unit (IPMU), the ULB’s Resettlement Officer, representative of the Affected Persons, and the implementing NGO. WEIGHTS AND MEASURES K - Kanal km – kilometer sq. ft. – square feet sq. m – square meter NOTE In this report, "INR" refers to Indian Rupee. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. INDEX MAP OF KARNATAKA JAMAKHAN RABKAVI - BANAHATTI NIPPAN GOKAK ILKAL BADAMI BELGAUM Figure-1: Karnataka state map Figure: 3: STP site for Rabakavi-Banahatti located at Rabakavi- Jack well road. TABLE OF CONTENTS Page EXECUTIVE SUMMERY 8-9 I SCOPE OF LAND ACQUISITION AND RESETTLEMENT 10-20 A. The Socio-economic Conditions of the Affected 11-19 B. Consultation with Affected Persons 20 C. Cut-off Date 20 II OBJECTIVE AND FRAMEWORK OF RESETTLEMENT 20-25 CONSULTATION AND GRIEVANCE REDRESSAL III 26-27 PARTICIPATION A. Information Dissemination, Consultation and Disclosure 26 Requirement B. Grievance Redressal Mechanisms 26-27 IV COMPENSATION AND INCOME RESTORATION 28-29 A. Compensation 28 B. Income Restoration 28-29 V INSTITUTIONAL FRAMEWORK 29-30 VI RESETTLEMENT BUDGET AND FINANCING 31 VII IMPLEMENTATION SCHEDULE 32-33 VIII MONITORING AND EVALUATION 33 IX ANNEXURES 34-67 a. Proposed STP site Photos 34-35 b. Socio economic survey formats 36-43 c. RoRs of the STP land 44-46 d. 4(1) notification 47-49 e. Land purchase documents 50-56 f. AC letter to Project Director 57 g. Land owner agreement document 58 h. Permanent assets and building valuation 59-62 i. Land Sub Registrar value of land from 2007 to 2010 63-64 j. Award Copy 65-77 EXECUTIVE SUMMARY 1. Project Description and Background: North Karnataka Urban Sector Investment Programme will facilitate economic growth in 25 towns of North Karnataka and cause urban infrastructure development through urban basic services in an environmentally sound and operationally sustainable manner. The investment program will assist the Government of Karnataka rehabilitate and construct Urban Infrastructure services including Under Ground drainage (UGD), Slum development and urban road improvements through resurfacing, and junction improvements. It will also have a poverty alleviation and non municipal infrastructure component. The Investment Program is designed to minimize land acquisition and resettlement impacts. Sub projects involving construction of water supply systems, Drainage system including sewage treatment plant are planned