Petaro–Sehwan Additional Carriageway, Section I
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Updated Land Acquisition and Resettlement Plan November 2018 PAK: Central Asia Regional Economic Cooperation Corridor Development Investment Program-Tranche 1 Petaro–Sehwan Additional Carriageway, Section I Prepared by the Environment, Afforestation, Land and Social Wing of the National Highway Authority of Pakistan for the Asian Development Bank. This is an updated version of the draft originally posted in July 2017 available on http://www.adb.org/projects/48404-003/documents. This updated land acquisition and 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. Your attention is directed to the “terms of use” section of this website. 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. Petaro-Sehwan Additional Carriageway Section-1 LARP CURRENCY EQUIVALENTS (As of 15 Nov 2018) Currency Unit = Pakistan Rupee/s (PRs) PRs 1.00 = USD $0.007 USD $1.00 = PRs 134.18 ACRONYM AD assistant director ADB Asian Development Bank CBO community-based organization COI corridor of impact DCR district census report DD deputy director DH displaced household DO(R) district officer (revenue) DPs displaced persons EDO executive district officer EIA environmental impact assessment EMP environmental management plan ft. feet GM general manager GOP Government of Pakistan IP indigenous people km kilometres LAA Land Acquisition Act 1894 LAR land acquisition and resettlement LARP land acquisition and resettlement plan M&E monitoring and evaluation MFF multi-tranche financing facility NGO non-governmental organization NHA National Highway Authority PMU project management unit r.ft. running feet ROW right-of-way s.ft. square feet SPS Safeguard Policy Statement 2009 Page i Petaro-Sehwan Additional Carriageway Section-1 LARP GLOSSARY compensation payment in cash/voucher or kind offered to the displaced persons (DPs) against the replacement of the lost asset, resource and income. cut-off-date the date that is used to determine eligibility for entitlements, determined at the time of social impacts assessment (SIA) survey, census of displaced persons (DPs), inventory of losses (IOL) and socioeconomic baseline survey. displaced household a household affected by the project related changes in use of land, water, natural resources, or income losses. economic displacement loss of land, assets, access to assets, income sources, or means of livelihoods as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas. encroachers people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project or persons who have trespassed government land, adjacent to his/her own land or asset, to which he/she is not entitled, by deriving his/her livelihood there. Such act is called “encroachment”. entitlement the range of measures comprising compensation in cash/voucher or kind, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and business restoration which are due to DPs, depending on the type and degree nature of their losses, to restore their social and economic base. household all persons living and eating together as a single-family unit and eating from the same kitchen whether or not related to each other. implementing agency the agency, public or private, that is responsible for planning, design and implementation of a development project. income restoration measures aimed at re-establishing income sources and livelihoods of DPs. inventory of lost assets descriptive list of all assets lost to the project, including land, immovable property (buildings and other structures), and incomes with names of owners. involuntary resettlement land acquisition and resettlement for a public purpose based on eminent domain law where the affected person or entity has no right to refuse to give up their assets or relocate katcha a structure with the walls and roof made of materials that include grass, leaves, mud, un-burnt brick or wood. kanal measure of land area about 605 square yards (5440 s.ft). Eight kanals are equal to one acre. Page ii Petaro-Sehwan Additional Carriageway Section-1 LARP land acquisition the process whereby a person is compelled by a public agency to alienate all or part of the land she/he owns or possesses, to the ownership and possession of that agency, for public purposes in return for fair compensation. deh a demarcated territorial unit for, which separate revenue record including a cadastral map, is maintained by the Revenue Department. The term used for the smallest unit in Sindh for revenue collection. physical displacement relocation, loss of residential land, or loss of shelter as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or no access to legally designed parks and protected areas. pucca a structure with walls and roof that are made of tiles, cement sheets, slates, corrugated iron, zinc or other metal sheets, bricks, lime and stone or RBC/RCC concrete. semi pucca a structure with both the walls and roof made of baked bricks, mud mortar as binder and plaster, wooden beams and planks with saccharum grass leaves and thatch etc. for roofing. squatter a person who has settled on public/government land, land belonging to institutions, trust, etc. and or someone else’s land illegally for residential, business and or other purposes and/or has been occupying land and building/asset without authority. marla measure of land area equal to 272 square feet. One kanal has 20 marlas. rehabilitation assistance provided to affected persons to supplement their income losses to improve, or at least achieve full restoration of, their pre-project living standards and quality of life. replacement cost compensation for acquired land, structures and other assets, including (i) fair market value, (ii) transaction costs, (iii) interest accrued, (iv) transitional and restoration costs, and (v) other applicable payments, if any. vulnerable DPs distinct groups of people who might suffer disproportionately from resettlement effects. They are the households below poverty line or will become below poverty line due to loss to assets and/or livelihoods and include the landless and those without legal title to acquired land, female headed households, or disabled persons. Note: I. The fiscal year (FY) of the Government of Pakistan, its agencies and participating financial institutions ends on 30 June. II. In this report, “$” refers to US dollars unless otherwise stated. Page iii Petaro-Sehwan Additional Carriageway Section-1 LARP TABLE OF CONTENTS CURRENCY EQUIVALENTS .............................................................................................................. i EXECUTIVE SUMMARY .................................................................................................................... vi I. INTRODUCTION .......................................................................................................................... 1 A. Description of the Subproject ................................................................................................... 1 B. Extent of Resettlement Issues and Analysis of Alternatives ..................................................... 2 C. Land Acquisition and Resettlement Plan (LARP) Updating ...................................................... 3 D. Sub-project Implementation Conditionalities ............................................................................ 5 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ....................................................... 7 A. LAR cut-off date ...................................................................................................................... 7 B. Scope of Land Acquisition and Resettlement .......................................................................... 7 C. Scope of Resettlement Impacts from ROW clearance ............................................................. 8 1. Affected Cropped Area ..................................................................................................... 9 2. Loss of Trees .................................................................................................................. 10 3. Loss of Private Affected Structures ................................................................................. 11 4. Loss of Income ............................................................................................................... 12 5. Loss of Community and Public Structures ...................................................................... 13 6. Impact on Indigenous People ......................................................................................... 15 7. Impact on Vulnerable People .......................................................................................... 15 III. SOCIO-ECONOMIC INFORMATION AND DP PROFILE ........................................................17 A. Data Collection .....................................................................................................................