SOCIAL IMPACT ASSESSMENT STUDY FINAL REPORT
Entrusted by District Administration Palakkad
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk Palakkad District
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R aich and Bndym O tw k p M f* Rafaga ouKEACH CorporaOcxi < A K v ii cmaom (A IW m A m f, Rafign C
Entrusted by District Administration Palakkad
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LAND ACQUISITION FOR RAILWAY OVER BRIDGE AT KODUMUNDA, PATTAMBI THALUK, PALAKKAD DISTRICT 20 January 2020
Requiring Body SIA Unit
Roads and Bridges Development Corporation of Kerala Ltd RAJAGIRI m k ACH (A Government of Kerala Undertaking) Raj agirioutREACH 2nd Floor, Preethi Building Rajagiri College of Social Sciences MV Road, Palarivattom (Autonomous) Kochi- 682025, Kerala Rajagiri P.O., Kalamassery 0484-2338205 Kochi- 683104, Kerala rbdckltd@gmail .com 0484 2911330-332/2550785 www.rbdck.com rossraj agiri@gmail .com www.raj agirioutreach.in CONTENTS
List of Tables and Figures
List of Abbreviations
Chapter 1 Executive Summary
1.1 Project and public purpose 1.2 Location 1.3 Size and attributes of land acquisition 1.4 Alternatives considered 1.5 Social impacts 1.6 Mitigation measures Chapter 2 Detailed Project Description
2.1 Background of the project, including developer’s background and governance/ management structure 2.2 Rationale for project including how the project fits the public purpose criteria listed in the act 2.3 Details of project size, location, capacity, outputs, production targets, costs and risks 2.4 Examination of alternatives 2.5 Phases of the project construction 2.6 Core design features and size and type of facilities 2.7 Need for ancillary infrastructural facilities 2.8 Work force requirements (temporary and permanent) 2.9 Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports 2.10 Applicable legislations and policies
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 1 Taluk, Palakkad Chapter 3 Team Composition Approach, Methodology and Schedule of the Social Impact Assessment
3.1 List of all team members with qualification 3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment 3.3 Sampling methodology used 3.4 Overview of information/ data sources used 3.5 Schedule of consultations with key stakeholders and brief description of public hearings conducted Chapter 4 Land Assessment
4.1 Description with the help of the maps, information from land inventories and primary sources 4.2 Entire area of impact under the influence of the project (not limited to land area for acquisition) 4.3 Total land requirement for the project 4.4 Present use of any public, utilized land in the vicinity of the project area 4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project 4.6 Quality and location of land proposed to be acquired for the project 4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns 4.8 Size of holdings, ownership patterns, land distributions and number of residential houses 4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 2 Taluk, Palakkad Chapter 5 Estimation and Enumeration (Where Required) of Affected Families and Assets
5.1 Estimation of families 5.1.1 Families which are directly affected (own land that is proposed to be acquired) 5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights 5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood 5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition 5.5 Families which have been residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land 5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition 5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands) 5.6.2 Inventory of productive assets and significant lands. Chapter 6 Social Economic and Cultural Profile (Affected Area and Resettlement Site)
6.1 Demographic details of the population in the project area 6.2 Income and poverty levels 6.3 Vulnerable groups 6.4 Land use and livelihood
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 3 Taluk, Palakkad 6.5 Local economic activities 6.6 Factors that contribute to local livelihoods 6.7 Kinship patterns and social and cultural organization 6.8 Administrative organization 6.9 Political organization 6.10 Community based and civil society organizations 6.11 Regional dynamics and historical change processes 6.12 Quality of the living environment Chapter 7 Social Impact Management
7.1 Approach to mitigation 7.2 Measures to avoid mitigate and compensate impact 7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act 7.4 Measures that the Requiring Body has stated it will introduce in the project proposal 7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA 7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy 7.7 The SIA plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 4 Taluk, Palakkad Chapter 8 Social Impact Management Plan Institutional Framework
8.1 Description of institutional structures and key person responsible for each mitigation measures 8.2 Specify role of Non-Governmental Organizations 8.3 Indicate capacities required and capacity building plan, including technical assistance if any 8.4 Timelines for each activity Chapter 9 Social Impact Management Plan Budget and Financing of Mitigation Plan 9.1 Costs of all resettlement and rehabilitation costs 9.2 Annual budget and plan of action 9.3 Funding sources with break up Chapter 10 Social Impact Management Plan Monitoring and Evaluation 10.1 Key monitoring and evaluative indicators 10.2 Reporting mechanisms and monitoring roles 10.3 Plan for independent evaluation Chapter 11 Analysis of Costs and Benefits and Recommendation on Acquisition 11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs 11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not. References
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 5 Taluk, Palakkad LIST OF TABLES
Table No, Contents 1.3.1 Extent of land acquisition 2.3.1 Salient Features of the Alignment as per the detailed project report received from requiring body 2.3.2 Abstract of Estimate 2.3.3 Project Risk and Mitigation Measures 3.1 SIA Unit- Team Members 3.5.1 Schedule of Meetings 3.5.2 Public Hearing- Concerns and Responses 4.7.1 Statistics of Crops/Trees Affected 5.1.1 List of Affected Persons 6.1.1 Marital Status of Adults 7.6.1 Mitigation Strategy and Activities 9.1.1 Project Cost
LIST OF FIGURES
Figure No, Contents 2.1 Organization Structure of RBDCK Ltd. 4.1 Project Location Map 4.2 Project Location Photograph 4.7.1 Classification of Land 4.7.2 Uses of Land 4.8.1 Total Extent of Land Owned by Affected Persons 4.8.2 Year of Ownership 4.8.3 Forms of Ownership 6.1.1 Religion
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 6 Taluk, Palakkad 6.1.2 Gender 6.1.3 Age of Affected Persons 6.1.4 Education 6.2.1 Income Level 6.2.2 Ration Card 7.5 Alternate Project Design Submitted by Affected Persons
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 7 Taluk, Palakkad LIST OF ABBREVIATIONS APL Above Poverty Line BA Bachelor of Arts BPL Below Poverty Line DPR Detailed Project Report DSR Delhi Schedule of Rates DSS Diploma in Social Services FGD Focus Group Discussion FIDIC Federation Internationale Des Ingenieurs-Conseils GAD General Arrangement Drawing GDP Gross Domestic Product GO Government Order GoK Government of Kerala INR Indian Rupee IRC Indian Roads Congress KM Kilo Meters LA Land Acquisition LC Level Cross LP Lower Primary M2 Square Meter MA Master of Arts MoRTH Ministry of Road Transport and Highways MSW Master of Social Work OBC Other Backward Communities PhD Doctor of Philosophy PM & IR Personnel Management & Industrial Relations PRICE Project Information and Cost Estimation PWD Public Works Department Roads and Bridges Development Corporation of RBDCK Kerala Ltd. RCC Reinforced Concrete Piles RD Revenue Department The Right to Fair Compensation and Transparency RFCTLAR&R Act in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Rs Rupees SC Scheduled Caste SIA Social Impact Assessment UG Under-Graduation UP Upper Primary WBS Work Breakdown Structures
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 8 Taluk, Palakkad CHAPTER 1
EXECUTIVE SUMMARY
1.1 Project and public purpose Pattambi is one of the important towns in South Malabar and many suburbs and neighbouring regions depend heavily on the infrastructure of the town for educational/healthcare/commercial/other requirements. Muthuthala and Pallipuram are two densely populated suburbs of Pattambi and connectivity via road has been increasingly difficult due to the frequent closure of Railway Level Cross at Kodumunda. Considering the rising daily train traffic (68 in 2016) and road traffic (Around 3000 in 2016), Roads and Bridges Development Corporation of Kerala Ltd. has proposed to construct a flyover at Kodumunda, replacing Level Cross (LC) No.167 at km 593/8-9 in Shornur-Kozhikode Railway line.
Flyover is planned as two lane carriage way along with footpath on one side and has a distance of 500.3 meters with a total width of 10.15 meters. 54.50 Ares (Approximate) of land comprising of private as well as public land is identified in Kodumunda of Muthuthala Panchayat at Pattambi Taluk, Palakkad. The project would fit in the rationale for public purpose as it likely to reduce travelling time, traffic, pollution and energy consumption and ensures a safer transportation through the region. Further, as per Section 2 (1) b (i) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (RFCTLAR&R Act), the project fits in for public purpose.
1.2 Location The proposed extension of project is planned to cover an area of 54.50 Ares of land at Kodumunda of Muthuthala Panchayat at Pattambi Taluk, Palakkad district covering Survey Nos. 204, 206, 211, 212, 215, 231, 232, 233, 234 and
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad 235 in Block No. 27. Kodumunda is a small village in Muthuthala Panchayat of Pattambi Taluk. It is located 65 KM west of district capital-Palakkad at 10.809966, 76.149299 map coordinates. As per the land details issued by Special Tahsildar (LA, General, Palakkad), the project site include Dry land, Field, Well, Canal, PWD Road and other open land owned by government. Kodumunda hosts a passenger railway station in Shornur-Kozhikode route and the closest city- Pattambi is located 7 km away from the village.
1.3 Size and attributes of land acquisition The project is mapped to acquire 54.50 Ares of land in Muthuthala village and most plots are being used as residential land. The identified land comprises of both private as well as public land and includes Dry land, Field, Well, Canal, PWD Road and other open land owned by government. The projected number of buildings to be affected is Thirteen (13) and the cost of land acquisition was projected as Rs.740 lakhs while the estimated total cost of project was Rs.3725 lakhs. It is proposed that 50% of the construction cost will be shared by the Railways. Accordingly the railway will directly construct the railway portion and will reimburse a portion of the construction cost of the approaches, so that the overall share of railway will be 50% of the construction cost. The state has to mobilize the entire amount required for the land acquisition and for the construction of approach portion initially.
Table 1.3.1 Extent of land acquisition
SI. No Block Number Survey Type of land Extent of land number (In Are) 1 27 204 Purayidam 2.70 2 27 206 Purayidam, Well, Nilam 4.10 in various subdivision 3 27 211 Purayidam, Nilam 9.40
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 10 Taluk, Palakkad 4 27 212 Nilam 7.70 5 27 215 Purayidam 7.80 6 27 231 Well 0.80 7 27 232 Open land 2.20 8 27 233 Canal 0.10 9 27 234 PWD Road 1.10 10 27 235 Nilam 18.60 Total 54.50 Are
1.4 Alternatives considered The Kodumunda level cross is situated in a heavily built up area. Since there are sharp bends in the existing road alignment near level cross, Flyover is so aligned that a smooth curve connects the straight stretches. This causes the alignment to deviate from the existing road. The geometrical alignment was acceptable with slopes within the ruling gradient as specified by the IRC codes. With respect to the alignment, span arrangement and type of road over bridge, three alternatives with cost-benefit implications have studied and the alternative with lowest construction cost and least structural damages was selected and considered for DPR preparation.
However, even with the adopted alignment, thirteen (13) residential buildings are included in the project site and a committee of affected persons have taken initiatives to correspond with the Requiring Body and other concerned departments and personnel to consider the alternate design and alignment proposed by them. As per their plan, the Flyover will start from the point at ‘KodumundaValavu’ and ends on ‘Theeradesham Road’ and no residential buildings will be affected.
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 11 Taluk, Palakkad 1.5 Social impacts As per the present alignment for the acquisition of land for Kodumunda Flyover, Twenty One (21) affected persons will lose land and out of which, Thirteen (13) residential buildings, One school building and Five (5) commercial units will also be affected. The other adverse effects include loss of water-bodies, farm land & crops and livelihood opportunities for the business establishment and its employees.A brief summary of major adverse impacts are as follows: Loss of Residential building and land : 13families Loss of Land : 8 families Loss of Livelihood Opportunities : 4 Families Threat to Social Institution : A portion of the Building of A.M.L.P School Loss of trees Mango Tree :29 Pepper Vine :20 Gooseberry Tree :1 Jackfruit Tree :7 Moringa : 3 Coconut Tree : 42 Teak : 5 Neem Tree : 4 Sapota Tree : 2 Guava Tree : 3 Plantain Tree : 80 Loss of government property : Land included Puramboke Despite the negative impacts, the proposed project is expected to be beneficial for the people in the region as it ensures safer and faster transportation and better access with other regions in the district.
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 12 Taluk, Palakkad 1.6 Mitigation measures Compensation shall be provided to the affected families as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015.
Resettlement procedures as per the Policies vide G.O.(Ms)No.485/2015/RD dated 23/09/2015 and G.O.(MS)No.448/2017/RD dated 29/12/2017 issued by Revenue(B) Department, Government of Kerala for the rehabilitation and resettlement package for acquisition of land in the state in lieu of RFCTLAR&R Act 2013
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 13 Taluk, Palakkad CHAPTER 2
DETAILED PROJECT DESCRIPTION
2.1 Background of the Project, including developer’s background and governance/ management structure Roads in India are considered as the most crucial mode of transportation; being cost effective and preferred for freight and passenger transport. India has the second largest road network in the world connecting every nook and corner of the country with its 5.23 Million Kilo Meter roads comprising of National/State Highways, Districts and Village Roads (National High Way Authority of India, Annual Report 2016-17). It is estimated that road transportation contributes nearly 4.7 % towards India’s GDP; whereas the railways contribute only 1 %. Besides its significance to the economy, roads enable social integration by connecting different regions, institutions and people across the country.
As per the Kerala PWD-Road Bridge Maintenance Policy Order (22, 10, 2016), the State has a network of roads over 1.5 Lakh KMs and except the National Highways (1542 KM), all other major roads are being constructed, maintained and managed by Kerala Public Works Department with the funding from Government of Kerala.
Kerala Public Works Department (Kerala PWD) is one of the important departments in the Government of Kerala and operates under Ministry of PWD. Roads and Bridges Development Corporation of Kerala Ltd. (RBDCK) is a company under the Public Works Department of Government of Kerala and is established under the Companies Act 1956 on 23rd September 1999. RBDCK mainly deals with the properties and assets comprising movables and immovable including land, road projects, railway over bridge projects, toll collection rights and works under construction. The organisation is envisioned to create well developed network of roads, flyovers, bridges, other transport
Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 14 Taluk, Palakkad infrastructure facilities for improved productivity and economic efficiency of transport that will act as catalyst to the overall development in the State of Kerala. The organisation is headed by a Managing Director and supported by various level managers, officers and support staff.
Figure 2.1
Organisation Structure of RBDCK
M U M N W G J k l C Ca
Persona/ Assistant
3 I n £3 ALMAHMEI
Person al A ss scant
AdditcnaiGM ASiitonai GM Liaison O ff Conf^entiai C o n fid e n ts A ssistant : j ’ .' Asst{HS| D v rs c n a ..... -■■■ AEEI A :: i . H M A sst .^ n a jid .a - A ssistant A ssistant v iit g * - L3 C : HG | Tracer Drive Kodumunda is a small village in Muthuthala Panchayat of Pattambi Taluk in Palakkad district. It is a regional trading center in the Panchayath and is located 65 km towards west from District headquarters Palakkad. Kodumunda hosts a passenger railway station in Shornur-Kozhikode route and the closest city- Pattambi is located 7 km away from the village.Located ashore of Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 15 Taluk, Palakkad Bharathappuzha, village has a large population base with a considerable farming area. The proposed flyover replaces Level Cross (LC) No.167 at km 593/8-9 connecting Muthuthala - Pattambi road and various institutions across LC results in heavy road traffic and frequent congestions. Moreover, Shornur- Kozhikode railway line is one of the busiest routes which connects the State with far away cities in India through Konkan Railways and the estimated travel demand in terms of rail traffic projection exceeds the limiting value (Train Vehicle Units) mentioned in IRC: 62-1976 and provision given by Indian Railway Permanent Manual. Vide Government Order GO (Rt) No.1324/2016/PWD dated 27.09.2016, Government of Kerala has accorded the administrative sanction for the construction of new flyover. Kitco, a leading infrastructure consulting and design firm undertook a detailed project and feasibility study for the construction of flyover at Kodumunda and submitted the report in October 2017. 2.2 Rationale of the project including how the project fits the public purpose criteria listed in the Act As per the traffic survey conducted in 2016 by Kitco, 68 trains and around 3000 road vehicles pass through Kodumunda LC on a daily basis. It is observed that many religious/ educational institutions and civil organisations are located across the railway track. The frequent train crossing results in congestions in the adjacent areas and leads to traffic problem for the travellers as well as for residents in the region. Further, the Kodumunda LC is the leading hurdle for the traffic flow between Pattambi and Pallipuram and usually causes delay in the public transportation systems. The proposed flyover, covering 500.3 Meters including railway span would fit in the rationale for public purpose as the project likely to reduce travelling time, Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 16 Taluk, Palakkad traffic, pollution and energy consumption and ensures a safer transportation through the region. Further, as per Section 2(1) b (i) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (RFCTLAR&R Act), the project fits in for public purpose. 2.3 Details of project size, location, capacity, outputs, production targets, costs and risks The proposed flyover, replacing Level Cross (LC) No.167 at km 593/8-9 at Kodumunda is a two lane carriage way along with footpath on one side and has a distance of 500.3 meters with a total width of 10.15 meters. 54.50 Ares (Approximate) of land comprising of private as well as public land is identified in Kodumunda of Muthuthala Panchayat at Pattambi Taluk, Palakkad. As per the Government Order dated 12-07-2019 by District Collector, Palakkad, 10 plots in Block No. 27 having Survey Nos.- 204, 206, 211, 212, 215, 231, 232, 233, 234 and 235 are identified to be acquired. The construction of Kodumunda Flyover in lieu of existing LC No. 167 at km 593/8-9 between Pattambi and Kodumunda Railway stations is included in the budget reply speech 2016 - 2017 (Para No.36, Sl. no. 3). The functional design of the project was finalised as a result of the field study and data investigation using existing information and specifications from various standards. The field study includes all engineering studies viz. reconnaissance survey, topographic survey, geotechnical survey, traffic survey etc. Documentation is done as per the latest revisions and amendments of the relevant guidelines of the MoRTH/IRC/BIS standards. To design the alignment/span arrangement and to decide type of road over bridge, three alternatives with cost-benefit implications have been studied. Subsequently, the flyover is so proposed that it crosses the railway track at around 76.00 m from the existing LC. The alignment has a slope of 1 in 20 on Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 17 Taluk, Palakkad both Pattambi and Muthuthala sides. The projected number of buildings to be affected is 13 and the extent of land to be acquired is approximately 155 cents. The cost of land acquisition was projected as Rs.740 lakhs and the estimated total cost of project was Rs.3725 lakhs. The salient features of the alignments are given in the below table Table 2.3.1 The salient features of the alignments as per the detailed project report received from the requiring body Sl.No: Particulars Unit Nos. / Rate Cost Extent A Land Acquisition 1 Land for Flyover & Approach Road Cent 155 400000 62000000 Approx. Total Value of Land Rs.62000000 B Structures Affected 1 Number of Structures a Pucca Nos 7 b Katcha Nos 2 2 Number of Commercial Structures a Pucca Nos 4 b Kutcha Nos 0 3 Approximate Area of Pucca Structures Sqm 995.00 11600 11542000 4 Approximate Area of Katcha Sqm 50.00 10000 500000 Structures C Number of occupants including affected 1 Number of Commercial Owners Nos Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 18 Taluk, Palakkad 2 Number of Commercial Tenants Nos 3 Number of Residential Owners Nos 4 Number of Residential Tenants Nos Sub Total cost for LA (Approx) Rs.74042000 D Bridge Structure 1 Railway portion, composite structure RM 37.4 1800000 67320000 he project cost estimates have been preparec considering various items of works associated with the identified improvements. Detailed estimates for quantities (considering preliminary designs and conveyance of materials) and cost for the entire project (civil packages wise), is worked out based on MoRTH’s Standard Data Book and latest Kerala PWD schedule of rates as per PWD Project Information and Cost Estimation (PRICE) software. Cost index of 37.25 % of Palakkad district as on 01/10/2017 is considered and wherever the data is not available, rates are worked out based on market rates. Table 2.3.2 Abstract of Estimate Sl. No. Description Amount (INR) 1 Cost of construction 231,563,260.55 2 Utility Shifting 40,00,000.00 3 Maintenance during defect liability period 10,00,000.00 4 Land Acquisition 8,87,75,083.11 5 Preliminary expenses 16,00,000.00 TOTAL 326,938,343.66 32.69 Crores It is proposed that 50% of the construction cost will be shared by the Railways. Accordingly the railway will directly construct the railway portion and will Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 19 Taluk, Palakkad reimburse a portion of the construction cost of the approaches, so that the overall share of railway will be 50% of the construction cost. The state has to mobilize the entire amount required for the land acquisition and for the construction of approach portion initially. The major risks identified with the project are adverse weather condition, unforeseen shortages of labour or materials, strikes, disputes and damage to person and property due to fire, flood, earth quake, etc. The chances of occurrence of various unexpected and adverse effects were analyzed considering the ground condition and subsequently the mitigation measures were proposed. Table 2.3.3 Project Risk and Mitigation Measures Sl.No. Risk Mitigation measures proposed School building are a shall be acquired for Land acquisition 1 smooth progress of the work and complete project on time. Adverse weather condition Proper planning and works below ground level 2 to be completed before monsoon. Proper work scheduling Shortage of labour Shall be handled by the Contractor by making the 3 and materials same available This shall be accounted by additional working Strikes 4 hours/ augmentation of resources thereafter Increased communication and reviews to avoid occurrences of disputes. Disputes Any disputes to be settled without delay by 5 properly assessing the situation and arriving at a Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 20 Taluk, Palakkad win-win situation Damage to person and Proper safety measures shall be ensured during property due to safety construction. 6 issues or force majeure Insurance coverage Project Management risks : Institutionalizing an activity based project schedule This includes change in Regular reviews and assessment of progress priorities, overload, Shall be avoided by appointing well experienced communication issues, lack and reputed organizations as implementation of coordination, agencies. 7 Inexperienced work force, Proper monitoring etc. Constant reviews Organizational risk : This includes inexperienced Each unit in the Project Management staff, insufficient time to Organization is planned considering minimizing plan, loosing critical staff at the organizational risk 8 critical time, Inconsistent cost, time, scope and quality objectives Objection from the Settled by setting a time limit without affecting 9 local community the work progress Contractual relations: The chance of occurrence of the same is very less Issues arise due to as the frame works are completed and finalized in permit and license, the initial stage itself. However, in case of 10 new stake holders, occurrence immediate measures shall be adopted priority changes, funding changes Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 21 Taluk, Palakkad Proper ID cards Security issues due to Surveillance measures laborers 11 Entry restrictions Minimum activities during peak time 2.4 Examination of alternatives The Kodumunda LC is situated in a heavily built up area. Since there are sharp bends in the existing road alignment near LC, Flyover is so aligned that a smooth curve connects the straight stretches. This causes the alignment to deviate from the existing road. The geometrical alignment was acceptable with slopes within the ruling gradient as specified by the IRC codes. With respect to the alignment, span arrangement and type of road over bridge, three alternatives with cost-benefit implications have studied and the alternative (Alternative 2) with lowest construction cost and least structural damages was selected and considered for DPR preparation. The three alternatives examined are detailed as follows. Alternative 1 The flyover is so proposed that it crosses the railway track at around 40.00m from the existing LC. The alignment has a slope of 1 in 20 on both Pattambi and Muthuthala sides. The number of buildings affected is 16. The land area to be acquired comes to 171.61 cents. The cost of land acquisition comes to Rs.860 lakhs. The estimated cost of project is Rs.3730 lakhs. Alternative 2 The Flyover is so proposed that it crosses the railway track at around 76.00 m from the existing LC. The alignment has a slope of 1 in 20 on both Pattambi and Muthuthala sides. The number of buildings affected is 13 and the land area to be Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 22 Taluk, Palakkad acquired comes to 155 cents. The cost of land acquisition comes to Rs.740 lakhs. The estimated cost of project is Rs.3725 lakhs. Alternative 3 The Flyover is so proposed that it crosses the railway track at around 43.00m from the existing LC. The alignment has a slope of 1 in 20 on both Muthuthala and Pattambi sides. The number of buildings affected is 12. The land area to be acquired comes to 172 cents. The cost of land acquisition comes to Rs.809 lakhs. The estimated cost of project is Rs.3731 lakhs. 2.5 Phases of the project construction The requiring body has adopted Work Breakdown Structure (WBS) and a detailed Work Program Schedule is enclosed with Annexure IV in DPR. WBS in project management and systems engineering, is a deliverable-oriented breakdown of a project into smaller components. WBS is a hierarchical and incremental decomposition of the project into phases, deliverables and work packages. It shows a subdivision of effort required to achieve an objective; for example a program, project and contract. 2.6 Core design features & size and type of facilities The Design Standards given in IRC codes, guidelines and special publications and MoRTH circulars as applicable to National Highways are followed for this project. For aspects not covered by IRC and BIS, international standard practices are followed. General Arrangement Drawing (GAD) and Alignment Plan showing the salient features of the road over bridge and structures proposed to be constructed / reconstructed along the road sections are covered in the DPR. These salient features such as alignment, overall length, span arrangement, cross section, deck level, founding level, type of road over bridge components (superstructure, substructure, foundations, bearings, expansion joint, return walls etc.) are finalised based upon the hydraulic and geotechnical Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 23 Taluk, Palakkad studies, cost effectiveness and ease of construction. The GAD is supplemented by Preliminary designs. With respect to span arrangement and type of road over bridge, a few alternatives with cost-benefit implications are checked and the best alternative was selected. Sub Structure design is performed as per the standard loadings with IRC 112 - 2011. A possible aesthetic design are expected to be followed. The following are some of the main features of the project ■ Length of the Flyover including Railway Portion will be 500.3m. Railway Portion being 37.40 m. ■ The Pattambi side will be 270.78 m having 46.78 m on embankments with retaining walls and balance 224.0 m portion on RCC trestles. ■ The Shornur side will be 192.13 m having 64.13 m on embankments with retaining walls and balance 128.0 m on RCC trestles). ■ RCC I-girder and cast in situ deck slab of span 16 m in a total of 22 spans is adopted. ■ Footpath is considered at one side and RCC crash barrier is considered on either sides of the carriage way. ■ The total width of the two-lane approach is 10.15 m. Carriage way width is 7.5m with crash barrier of 0.45 m on both sides. ■ Bored cast in-situ piles foundation is provided for the flyover. M 35 grade concrete is provided. ■ Pile cap is provided for pile group at each pier point. M35 grade concrete and Fe 500 steel are used. ■ M35 grade concrete is used for construction of RCC I-girder. ■ M35 grade concrete is used for construction of deck slab. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 24 Taluk, Palakkad DRAINAGE SYSTEM The requirement of roadside drainage system and the integration of the same with proposed cross-drainage system shall be worked out for the entire length of the project section. Considering scope for future expansion, permanent drains are to be done at all locations. The designed drainage system should show locations of turnouts/outfall points with details of outfall structures fitting into natural contours. TRAFFIC SAFETY DESIGNS, ROAD FURNITURE AND ROAD MARKINGS Suitable traffic safety features and road furniture including traffic signals, signs, markings, overhead sign boards, crash barriers, delineators etc. are designed. The locations of these features are given in the DPR and also shown in the drawings. The Design Standards evolved for the project has covered all aspects of detailed design including the design of geometric elements, pavement design and materials. DPR could be referred for details. 2.7 Need for ancillary infrastructural facilities The proposed Kodumunda flyover project at LC No.167 at km 593/8-9 in Shornur-Kozhikode Railway line is significant for the development of the region considering the train and road traffic. The project covers Flyover Bridge with two lane carriageway with footpath on one side. Construction of approach roads, Railway span, drainages, traffic safety infrastructure and movement of existing utilities have also incorporated in the Detailed Project Report (DPR). The future needs such as Bus Station and roads etc. may be included while implementing the project as per the scheme and provisions. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 25 Taluk, Palakkad 2.8 Workforce requirements (temporary and permanent) Project Management Organisation (RBDCK) shall manage the project with a 3 member technical team which involves in taking up the important decisions for the project. The external project management consultant appointed by RBDCK Ltd. will be responsible for quality control, safety at site and also involves in monitoring the day to day activities at site. The Engineer in charge of the project is bound to hold the responsibilities and authority as mentioned in Federation Internationale Des Ingenieurs-Conseils (FIDIC) book 1987, 4th edition. The contractor will be appointed through competitive bidding and has to execute the work as per the conditions mentioned in the contract agreement. The work schedule for the project is prepared by the contractor which will be reviewed by the Project management organisation (RBDCK Ltd.) and external consultancy on a regular basis to ensure timely completion of the project. 2.9 Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports As per the Detailed Project Report (October 2017), the proposed Flyover doesn’t fall under protected areas such as Forest/Wild Life Sanctuary/NP Areas/Biodiversity Areas/Ecologically Sensitive Areas and hence the prior clearances are not applicable under Forest Conservation Act, 1980 nor Wild life Protection Act,1972. The DPR published in October 2017 included Technical Feasibility Studies, Cost Benefit Analysis, Risk Assessment and other major investigations such as Topographical /Traffic surveys and Hydraulic/ Geotechnical studies. However as per the available information, no studies to assess social impact of the project are conducted in the past. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 26 Taluk, Palakkad 2.10 Applicable legislations and policies The applicable laws on land acquisition, rehabilitation and resettlement for the proposed land acquisition for constructing Kodumunda Flyover in Pattambi Thaluk of Muthuthala Panachayath in Palakkad District are: ■ The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ■ Kerala The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015 ■ Government of Kerala - Revenue (B) Department -State Policy for Compensation and Transparency in Land Acquisition vide G.O (Ms) NO.485/2015/RD dated 23/09/2015. ■ Government of Kerala - Revenue (B) Department -State Policy for Rehabilitation and Resettlement Package for Land Acquisition in the State in lieu of RFCTLAR&R Act 2013 vide GO(MS)No.448/2017/RD dated 29/12/2017. ■ Right to Information Act, 2005 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 27 Taluk, Palakkad CHAPTER 3 TEAM COMPOSITION, APPROACH, METHODOLOGY AND SCHEDULE OF THE SOCIAL IMPACT ASSESSMENT 3.1 List of team members with qualification Vide Notification from District Administration Palakkad with No. DCPKD/3506/2018-C 5 dated 12/07/2019, the SIA Unit of Rajagiri Outreach, Ernakulam was appointed to conduct Social Impact Assessment Study of the land acquisition for construction of Kodumunda Railway over bridge and to prepare a Social Impact Management Plan as per section 4 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLAR&R) Act, 2013. Further, a team was constituted with experts who have engaged in similar projects and deployed them into the project with a set of definite roles and responsibilities. Table (3.1) SIA Unit- Team Sl. Name Qualification and Experience No Designation PhD, MA (PM& IR) 25 Years in Research 1. Dr. Binoy Joseph Consultant and Teaching Ms. Meena 30years in Development MSW 2. Kuruvilla sector Chairperson Maria Tency.V.S MA, DSS, 27 years in development 3. Research Associate - sector SIA Unit BA 24years in Development 4. Mr. Biju C P Development Officer- sector Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 28 Taluk, Palakkad SIA MSW 2 years in Development Mr. Gigin P S 5. Research Associate sector MSW 1 year in Development Mr. Albin Noble 6. Research Associate sector MSW 1 year in Development Ms. Jaisy K M 7. Research Associate sector 3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment As per Kerala Gazette (Extraordinary) No. 2277 dated 28/09/2019, 10 land plots comprising of public and private land are reported to be acquired in Muthuthala Village in order to construct Kodumunda Flyover. However, SIA team of Rajagiri outREACH has identified 21 directly affected Persons who own and hold the land in the Survey Nos.- 101, 204, 208, 210, 211, 212 and 215 through which the alignment has been marked (Survey Marker) for the project. Further 5 business units and employees working in the units were also included in this study. To infer crucial information required to assess the impact and to prepare Mitigation and SIA Management Plan, our field investigators have visited households and commercial offices in the region and collected information through a structured questionnaire. Further, to collect the information and assess the impact of one of the affected parties who was not available in the location during survey, a telephonic interview was held. Focus Group Discussion and Key Informant Interviews of Affected Persons, Administrators, Civil Officers and other important stakeholders were also held by the expert qualitative researchers of the SIA Unit to gather common, specific Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 29 Taluk, Palakkad and perceived impact of the project. The published reports and designs from RBDCK Ltd., Ernakulam were also referred in this study. 3.3 Sampling methodology used As the size of the land to be transferred for the project by the affected person and extent of impact due to latter is unique for each, a population Socio-Economic-Impact Survey was found to be appropriate over sampling method. Further, respondent size was found to be 21 land owners and five commercial units and hence was possible to collect the information in the limited timeframe as per the scheme of the study. 3.4 Overview of information /data sources used Both primary and secondary information were collected and analysed through mixed method by the expert quantitative and qualitative researchers. Secondary information and published reports from concerned offices of RBDCK/Revenue/Panchayat/Civil Stations were collected and referred by the field investigators at multiple stages. A unique structured questionnaire was prepared, tested and validated to collect information from affected persons through Socio-Economic-Impact Survey. A separate questionnaire was prepared for directly affected (land owners) as well as for indirectly affected (tenants and employees of tenants). All affected persons were participated in the survey and have responded to the questionnaire interview. Survey contained questions aimed to collect the information such as Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 30 Taluk, Palakkad Demographic/ Economic/ Family/ Livelihood, details of performing/non- performing assets in the project land and the types/degree of impact. Further, qualitative data through Key Informant Interviews and FGD were also included in the study. The response and data points were analysed through a statistical software and findings have reported along with recommendations. 3.5 Schedule of consultation with key stakeholders and brief description of public hearings conducted As part of the study, multiple meetings/interviews/discussions were held with important stakeholders. Table 3.5.1 Schedule of meetings Date Activity/Event/Meeting Venue 19/8/2019 Pilot Study and Key Informant Kodumunda and Muthuthala Interviews Panchayat Office August 21, Socio-Economic Survey and Key Kodumunda 28, 29, Informant Interviews 2019 Meeting with Land Acquisition Collectorate, Palakkad Officer, 08/11/2019 Distribution of Notice and Kodumunda broadcasting about Public Hearing Meeting 13/11/2019 Public Hearing Meeting Panchayat Hall, Muthtuthala Grama Panchayat 20/01/2020 Final report submission As per Form 5 of Rule 14 (1) of the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 31 Taluk, Palakkad 2015, SIA Unit has conducted Public Hearing at 11.30 am on November 13, 2019 at Muthuthala Panchayat Hall. Mr. P Rajan, Deputy collector, RBDCK, Mr. Mohammed Uvais, Manager, RBDCK, Mr. T V Ajith Kumar, JSLA, Mr. Somabindu A, LA General II, Palakad, Mr. Neelakandan, President of Muthuthala Grama Panchayath, Ms. Malathy, Vice President of Muthuthala Grama Panchayath, Suprabha K P, Secretary of Muthuthala Grama Panachayath, Mr. Unni Krishnan, Ward Member, Mr. T Gopala Krishnan, Standing Committee Chairman and affected family members were also participated in the public hearing. SIA Chairperson Smt. Meena Kuruvila, Rajagiri outREACH was chaired the meeting. After a brief presentation of the SIA draft report, the concerns and enquiries raised by the affected persons were clarified by the officials and the session was documented with the help of Audio-Visual tools. Subsequently, the transcript of the concerns raised by the affected persons in writing have sent to the Requiring Body and land acquisition officer through formal channel and the latter was reciprocated with the written reply to the concerns and inquiries. The below table exhibits the concerns and clarifications. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 32 Taluk, Palakkad Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad- Public Hearing Date : 13-11-2019 Venue: Muthuthala Panchayat Hall The queries/anxieties shared by the people participated in the Public Hearing and the reply from the officers from LA Office and Requiring body are mentioning in the table below: Table 3.5.2 Public Hearing- Concerns and Responses S # Person with Opinion/ Concern Response from the concerned authority opinion/ Survey No. 1 K.T Kunjalan 1. Two cents of land 1. Subdivision number is not include in 1st notification. If it included in the 215/29 that I own in Survey final notification, it will be added. No. 211 is aligned to be acquired, but the survey number, has not been included. 2. Has the two cents of 2. A small portion may be include. If it include in the final notification, land owned by Mr. K T compensation will be give. Sainudheen, located behind the mosque included for the acquisition? However not included in the list. 3. I would like to 3. As per the new alignment, the project is devised at around 800 meters understand in detail from Railway Gate. At this juncture, the Level Cross cannot be shut down about the logic of the and the Railway will not borne 50 % of the total cost of the project as new design, the promised, which would result in the state government to bear the full financial liability it expenditure. Further, the separation of paddy fields for the land acquisition causes for the as per the new design would lead to flood and related disasters. government and other matter related to it. 2 Hamsa Haji 1. Affected persons 1. An application to additionally acquire the remaining land not to be useful have only 4-5 cents in may be given to District Collector. An appropriate decision will be taken the project location and after scrutiny. the remaining extent of 34 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad land after acquisition will be of no use. Would there be any procedures and actions to resolve this issue? 3 Abdul Kamal 1. I would like to know 1. As per the new alignment, the project is devised at around 800 meters 210/2 more details about the from Railway Gate. At this juncture, the Level Cross cannot be shut down new design and aren’t and the Railway will not borne 50 % of the total cost of the project as only few land be promised, which would result in the state government to bear the full acquired as per the new expenditure. Further, the separation of paddy fields for the land acquisition alignment? as per the new design would lead to flood and related disasters. 4 Karthayani 1. Land acquisition will 1. Request to acquire land as per RFCTLARR ACT 2013 was given to 204/13-2 affect the front lawn, District Collector by RBCDCK. Based on the application, Report from the Toilet and Sit-out of my Land Acquisition Officer and Asset Evaluation Report by PWD (Building house. House cannot be Division), District Collector will decide the Compensation and used most likely and I Rehabilitation Package for the affected land, main as well as for the annex don’t own any other properties. The amount required for the compensation package will be given land. What solutions are to District Collector by RBDCK from the KIIFB. If the received amount is 35 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad to be taken place for my deficient to cover the cost of impact, District Collector may allege during loss? Award Enquiry and at similar forums and may also ask to refer it to R &R authority. 5 Abdul Nasar 1. Apart from Computer 2. For Government and Public Sector Organizations, a committee of District 101/9A Centre, the Well of AM Collector, Administrator (LA, Deputy Collector, Palakkad) and Land LP School which is Acquisition Officer will devide the compensation amount and will be given being the source of to the affected organization after the evaluation of the amount proposed by drinking water is also PWD (Building Division), Regulatory incentives as per RFCTLARR ACT understood to be 2013 and RR Package. Since only a small portion of the Computer Centre is affected. If acquired planned to be acquired, the acquisition could be completed without affecting both, school cannot be the day to day operations of the school. An expert committee appointed by functioned further. District Collector will be inspect this. 6 Subair 1. Give details of new 1. As per the new alignment, the project is devised at around 800 meters alignment from Railway Gate. At this juncture, the Level Cross cannot be shut down and the Railway will not borne 50 % of the total cost of the project as promised, which would result in the state government to bear the full expenditure. Further, the separation of paddy fields for the land acquisition as per the new design would lead to flood and related disasters. 36 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad 7 Muhammad 1. My house and shop 1. Land price mutually decided by District Collector & Land Acquisition Salim fall in the tiny 4 cents of Officer, Building price evaluated by PWD (Building Division), Regulatory land and have common Incentives and RR Packages of RFCTLARR ACT 2013 etc. will be wall. The aligned provided. If the affected person is not happy about the compensation acquisition of shop will amount, he/she shall use the lawful opportunity to raise complaint to the also affect house and District Collector and Land Acquisition officer. Further, the affected person doesn’t have sound may also request during Award Enquiry to refer it to the RR Authority financial background. (Court). What procedure to be taken? 37 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad PUBLIC HEARING PHOTOS Public hearing was held on 13 th November 2019 at Muthuthala Panchayath hall. CHAPTER 4 LAND ASSESSMENT 4.1 Description with the help of the maps, information from land inventories and primary sources The proposed Kodumunda Flyover project would require 54.50 Ares (Approximate) of land in Muthuthala Village of Pattambi Taluk, Palakkad. The identified land comprises of both private as well as public land and includes Dry land, Field, Well, Canal, PWD Road and other open land owned by government. The Flyover will replace Level Cross No. 167 at km 593/8-9 in Shornur-Kozhikode Railway line and connects Muthuthala and Pattambi, ensuring faster and safe transportation between Pattambi and Valanchery via Pallipuram. Project location with the help of Google Map is exhibited below. Exbit 4.1 Project Location Map Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 39 Taluk, Palakkad As per the primary sources, fourteen residential building, and five commercial units will be fully affected due to the proposed Kodumunda flyover. Further the computer centre of AM LP School will also be affected. Project site also includes numerous trees and active farms. 4.2 Entire area of impact under the influence of the project (not limited to land area for acquisition) Kodumunda is a small village in Muthuthala Panchayat of Pattambi Taluk. It is located 65 KM West of district capital-Palakkad at 10.809966, 76.149299 map coordinates. Village is located ashore of Bharathappuzha, a major river in Kerala and the region has been known for paddy and other farming. Kodumunda hosts the only railway station (Halts only for passenger trains) in the Panchayat in the Shornur-Kozhikode railway line and the proposed flyover would replace Level Cross No. 167 at km 593/8-9. With over 68 trains passing daily through the LC, the area is prone to frequent congestion, causing traffic issues to around 3000 motor vehicles on a daily basis. Pattambi and Valanchery are two major towns in North Kerala and the public transportation via Pallipuram would require faster and safer road networks. Further, there are many religious/ educational institutions and civil organisations located across the railway track and the proposed flyover replacing Kodumunda LC will have a significant positive impact in the region. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 40 Taluk, Palakkad Exhibit 4.2 Project Location Photograph 4.3 Total land requirement for the project As per the Notification and Schedule released by District Collector, a total extent of 54.50 Ares of land in Block No. 27 having Survey Nos.- 204, 206, 211, 212, 215, 231, 232, 233, 234 and 235 from Muthuthala Village of Pattambi Taluk, Palakkad district is mapped to be acquired. The identified land comprises of both private as well as public land and includes Dry land, Field, Well, Canal, PWD Road and other open land owned by government. 4.4 Present use of any public, utilized land in the vicinity of the project area Canal, PWD road and other open land owned by government are included in the project land for the construction of Kodumunda flyover which would replace Level Cross No. 167 at km 593/8-9 in Shornur-Kozhikode railway line. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 41 Taluk, Palakkad 4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project The concerned authorities have mapped to acquire 54.50 Ares of land for the proposed construction of Kodumunda flyover. As per the available information from the concerned departments, no land has been either leased or purchased for the project yet. 4.6 Quality and location of land proposed to be acquired for the project Kodumunda is a small village located between Pattambi and Muthuthala and 54.50 Ares of land in Survey Nos. - 204, 206, 211, 212, 215, 231, 232, 233, 234 and 235 of Block No. 27 are identified to be acquired for the project. Paddy and Coconut farming have been the traditional means of income for the people in the region and the presence of Bharathapuzha makes the land fertile and water- sufficient for farming. The quality of soil is known to be strong enough for heavy structures, but would require piling and other measures at certain areas subject to the inspection and validation of the competent civil bodies. Though included in the approved DPR, the existing design and alignment have been opposed by the affected persons as the project is likely to displace 13 families including newly built residential houses. The petitioners have suggested for an alternate design, wherein no major structure will be affected and the requiring body may consider the design duly inspected and take alteration if any. 4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns As a village located at Bharathappuzha basin, Kodumunda is a fertile and water- sufficient region and is known for paddy and coconut fields. However, due to rise in residential and commercial buildings and poor cost efficiency, the Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 42 Taluk, Palakkad farming has been gradually decreased in the last two decades. Our field investigators have identified 21 directly affected persons whose land is mapped to acquire for the proposed Kodumunda flyover project. The socio-economic survey reveals that Twelve (12) land plots are classified into ‘Purayidom’, whereas Two (2) land plots have termed as ‘Nilam Nikathu Purayidom’. The affected land also includes Seven (7) ‘Nilam’ which indicates dying, yet prevalent uses of land for farming. (Figure 4.7.1). Figure 4.7.1 Classification of Land Classification of Land ■ Purayidom ■ Nilam ■ NilamNikathuPurayidom The present uses of land is found to be diverse and as illustrated in Figure 4.7.2, Thirteen (13) plots have residential building and Five (5) plots are being used for commercial utilities. While Two (2) plots are used for agricultural purposes, an LP School is functional in one (1) of the affected land plots. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 43 Taluk, Palakkad Figure 4.7.2 Uses of Land Uses of Land 14 ------13 12 10 8 6 4 2 1 0 Residential Commercial Agricultural Educational As per the primary data source, the affected land has Eleven (11) Well and Five (5) Bore well system for the irrigation as well as for drinking water requirements. The project land also has various types of crops and Table 4.7.1 details the classification of tress and units to be affected. Table 4.7.1 Statistics of Crops/ Trees affected S # Type of Tree No. of Units 1 Mango Tree 29 2 Pepper Vine 20 3 Gooseberry Tree 1 4 Jackfruit Tree 7 5 Moringa 3 6 Coconut Tree 42 7 Teak 5 8 Neem Tree 4 9 Areca Palm 27 10 Sapota Tree 2 11 Guava Tree 3 12 Plantain Tree 80 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 44 Taluk, Palakkad 4.8 Size of holdings, ownership patterns, land distributions and number of residential houses As per the present design and alignment, the Kodumunda flyover project would directly affect 21 families whose land is mapped for the acquisition procedures. The survey reveals that Thirteen (13) residential houses including the recently built structures will be affected and shall displace these families. As illustrated in Figure 4.8.1, Twelve (12) persons hold a land area of less than 10 Ares and 4 persons hold an area in the range of 10-20 Ares. No. of persons holding a land extent in the range of 20-30 Ares and above 30 Ares are Three (3) and Two (2) respectively. Figure 4.8.1 Total extent of land owned by affected persons Total Land Owned by Affected Persons 14 to 12 oC 12 to t _ (D 10 CL T 3 (D 8 t _ u a> 6 it 4 < 3 4— 4 O 2 d 2 0 1 ■ ■ 0-10 10-20 20-30 Above 30 Land Plots in Ares The year on which the affected person hold ownership ranges from 1950 to 2016 and decade wise ownership status of the affected land is presented in Figure 4.8.2. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 45 Taluk, Palakkad Figure 4.8.2 Year of Ownership While Seventeen (17) persons have inherited the land from their ancestors, Four (4) have bought the land to arrive at ownership (Figure 4.8.3) Figure 4.8.3 Forms of ownership Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 46 Taluk, Palakkad 4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years The perceptive market value of the land is reported to be around 4 Lakhs per cent and will be varied based on the size of plots and value in the specific area. One of the affected persons have bought the land in the year 2016 and the remaining are known to be the legal holders of the land well before 2016. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 47 Taluk, Palakkad CHAPTER 5 ESTIMATION AND ENUMERATION (WHERE REQUIRED) OF AFFECTED FAMILIES AND ASSETS 5.1 Estimation of affected families As per the notification from District Collector, Palakkad, Ten (10) plots comprising of public and private lands are aligned for the construction of Kodumunda flyover in Muthuthala Village at Pattambi Taluk. Contrary to this, land plots owned by Twenty One (21) persons are found to be affected by the field investigators of the SIA unit as guided by the Survey Stones fixed by the Revenue Department. While Thirteen (13) residential buildings are known to be affected, Five (5) units engaged in commercial activities as well as a portion of a Lower Primary School will also be impacted. 5.1.1 Families which are directly affected (own land that is proposed to be acquired) The land aligned for the project belongs to 21 families in Muthuthala Panchayat of Pattambi Taluk, Palakkad and list of them is given in Table 5.1.1. Table 5.1.1 List of affected persons Name of the Ward Survey S # Affected Person Address No. No. Kunnathodi House, Perumudiyoor 10 215/5 1 Ali Kunnathodi P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 2 Hamsa P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 211/1 3 Saithalavi P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 215/29 4 K.T.Kunjalan P.O.,Pattambi,Palakkad-673303 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 48 Taluk, Palakkad Kunnathodi House, Perumudiyoor 10 210/2 5 Ashraf P . O . , Pattamb i,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 210/2 6 Abdul Rasheed P.O.,P attambi , P al akkad-673303 Kunnathodi House, Perumudiyoor 10 210/2 7 Abdul Kamal P.O.,Pattambi,P al akkad-673303 Kunnathodi House, Perumudiyoor 12 211/20 8 Siddhique P.O.,Pattambi,Palakkad-673303 Kunnathodi Kunnathodi House, Perumudiyoor 12 211/19,21 9 Shamsudheen P.O.,Pattambi,Palakkad-673303 1/20 Muhammed Kunnathodi House, Perumudiyoor 10 204/15 10 Hussain P . O . , Pattambi,Palakkad-673303 Muhammed Kunnathodi House, Perumudiyoor 10 204/15 11 Kutty P.O.,Pattambi,Palakkad-673303 Abbas Kunnathodi House, Perumudiyoor 10 204/20 12 Kunnathodi P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 204/13 13 Gopala Krishnan P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 13 14 Saithalavi P.O.,Pattambi,Palakkad-673303 Karthyayani Kunnathodi House, Perumudiyoor 10 204/13-2 15 Kunnathodi P.O.,Pattambi,Palakkad-673303 Saithali, Abbas, Kunnathodi House, 12 211/7, 16 Moideen Kutty, Perumudiyoor P.O., Pattambi, 211/8, Hamsakutty, Palakkad-673303 211/9, Fathima 211/10 Rasheed Kunnathodi House, Perumudiyoor 10 204/14 17 Kunnathodi P.O.,Pattambi,Palakkad-673303 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 49 Taluk, Palakkad Veeran Kunnathodi House, Perumudiyoor 10 208/12-1 18 Kunnathodi P.O.,Pattambi,Palakkad-673303 Poozhikunnath House, 12 PerumudiyoorP.O., Kodumunda, 212/1 19 Kunjumoideen Palakkad-673303 Alickal House, Perumudiyoor P.O.,Kodumunda, Palakkad- 10 204/20 20 Azeeya Alickal 673303 A.M.L.P. School, Kodumunda, Near Railway Gate, Palakkad- 10 101/9A 21 K.T. Sailathali 673303 5.2 Family of scheduled tribes and other traditional forest dwellers who have lost any of their forest rights Kodumunda is village located ashore of Bharathappuzha in Palakkad district. The project is expected to have an effect on two Scheduled Caste families among others. Neither any Scheduled Tribes, nor any other community with special forest rights are reported to be affected with the project. 5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood As reported in the Socio-economic survey, the project is likely to cause hindrance to access electricity for one of the families and two other families may face issues with respect to transportation and access to other facilities in the village. No property resources such as Canal, Pond etc. are not shared among the affected persons at present and hence no adverse effect on the same. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 50 Taluk, Palakkad 5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition No families in recent years were assigned land by any government and no such land will be affected. 5.5 Families which have been residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land Kodumunda is a rural village in Muthtuthala Panchayat. As reported in the Survey conducted by SIA unit, most of the affected persons have been residing in the village for a longer period and none is found to be moved from an urban area in the last three years. 5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition Four affected families have reported that the major source of income in their familiy is farming, And the acquisition of land for Kodumunda flyover will affect livelihood of three families among them. Further, one another affected person who owns and manages LP School in the village will also have an adverse impact on the primary livelihood as the project land alignment included portion of the school building. 5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands) One of the directly affected persons runs a LP School in Kodumunda and the project is likely to affect a portion of the building. Six (6) teachers and one (1) administrative staff employed by the School are likely to be affected. The proposed Kodumunda flyover is also expected to affect the livelihood of three tenants who runs commercial units such as Fabrication/ Welding Works and Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 51 Taluk, Palakkad Hardware Shop. Income in the families of four (4) staffs employed by the latter will also have an adverse impact due to the aforesaid project. 5.6.2 Inventory of productive assets and significant lands. The in and around areas of Kodumunda Level Cross is a known habitat for living as well as for farming and is reported that Thirteen residential buildings will be affected including the recently built structures. In addition to the functioning school building, four units engaged in commercial activities are also fall in the project site. Statistics of productive trees and crops to be affected are illustrated in Table 4.7.1. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 52 Taluk, Palakkad CHAPTER 6 SOCIAL ECONOMIC AND CULTURAL PROFILE (AFFECTED ARE AND RESETTLEMENT SITE) 6.1 Demographic details of the population in the project area Kodumunda is a quiet and serene rural village in Muthuthala Panchayat of Palakkad District. The busy Shornur-Kozhikode railway line passes through the region and the proposed project is devised to replace the gated Level Cross in the village. It is understood that 21 families will be directly affected with the project and the details furnished herewith are the results of the household Socio Economic survey conducted in August 2019. As given in the figure 6.1.1, Islam faith is dominated among the affected persons as 19 families follow the religion and belongs to OBC as social group. The remaining two families follow Hinduism and fall under SC category. Figure 6.1.1 Religion Religion 2 19 Hindu ■ Muslim Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 53 Taluk, Palakkad The gender statistics of the affected families reveal that male population (N= 65) is 1.27 times higher than the female group (N=51) which is contrary to the higher female ratio against the male group in the state of Kerala. Figure 6.1.2 Figure 6.1.2 Gender Gender ■ Male ■ Female While analysing age of the affected population (Figure 6.1.3), it is found that adult in the age group of 26-40 outnumbered the rest with 29 of them, followed by 21 persons falling in 41-60 and 7-17 in each age group. Similarly, presence of young adults (18-25), children (<6) and elders (60-80) in the families are comparatively high and enumerated as 19, 14 and 12 respectively. The affected population also has one person above 80 years of age. Figure 6.1.3 Age of affected persons Age of Affected Persons 35 29 30 25 21 21 19 20 JU 15 12 = 3 Q_ 10 O CL 5 1 0 " I < 6 7-17 18-25 26-40 41-60 61-80 > 80 Age Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 54 Taluk, Palakkad With regards to the education background of the affected persons, survey reveals that Thirty Nine (39) people in the affected families have High School qualification, whereas Nineteen (19) are either pursuing or completed Higher Secondary School education. While Twenty Three (23) have LP School qualification, No. of persons with UP School qualification is only Eleven (11). Number of individuals with UG and PG qualification are Eight (8) and Three (3) respectively. (Figure 6.1.4) Figure 6.1.4 Education As illustrated in Table 6.1.1 detailing the marital status of adults in the affected families, were their half of the population is married (N=71) and Seven (7) are reported as unmarried. Survey also counts Four (4) persons as widow. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 55 Taluk, Palakkad Table 6.1 Marital Status of adult persons Marital Status of Adults Status Population Married 71 Unmarried 7 Separated 0 Widowhood 4 6.2 Income and poverty levels With regards to the income level of the population, Twenty (20) affected families have promptly participated in the survey and one respondent didn’t give the required information. Income level of the affected families is found to be diverse, ranging from INR 6,000 to INR 40,000 per month. Figure 6.2.1 furnishes the income level of 20 families and Eight (8) families earn an income in the range of INR 30,000 40,000 per month, followed by Seven (7) families fall in INR 10,000-20,000 category. While Three (3) families earn between INR 20,000 and 30,000, Two (2) families earns less than INR 10,000 in a month. The average monthly income of the affected families is INR 22,400, whereas the average expenditure in a month is known to be INR 17,200.The ratio of earning member with that of dependent is 1: 3.23. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 56 Taluk, Palakkad Figure 6.2.1 Income level Income Level 10 8 8 OJ 6 £ tC 4 LL. 4— O 2 O 0 <10,000 10,000-20,000 20,000-30,000 30,000-40,000 Monthly Income (INR) As illustrated in Figure 6.2.2, Eight (8) families hold Pink ration card and is classified into Below Poverty Line. Six (6) families having Blue ration card and Seven (7) families holding White ration card indicates that the majority of the affected population live above poverty line as per the government standards. Figure 6.2.2 Ration card Ration Card 10 8 8 7 4 2 0 Pink Blue White Type Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 57 Taluk, Palakkad 6.3 Vulnerable groups The proposed Kodumunda Flyover replacing gated Level Cross No. 167 at km 593/8-9 in Shornur-Kozhikode railway line would require acquisition of land from Muthuthala village. Though major aspects of Human Development Index such as education, income, health etc. are found to be positive, there are certain vulnerable groups especially children and elders who would require special attention while implementing the project. No. of Children under 6 years of age is Fourteen (14) and elders whose age is above 60 years is Thirteen (13). Further there are Four (4) widows and One (1) cardiac patient among the affected persons who would also be vulnerable due to the project. 6.4 Land use and livelihood As furnished in Figure 4.7.2, Thirteen (13) land plots are classified into ‘Residential’ and some of these plots are engaged into farming as well. While Five (5) plots are being used for ‘Commercial’ purposes, Two (2) are unused ‘Agricultural’ (Paddy) land. The remaining one plot belongs to A.M.L.P school in the village and is used for ‘Educational’ (Not for Profit) purposes. It was reported in the household survey that the project is likely to affect the primary source of livelihood for three families. 6.5 Local economic activities The excerpts from Socio-Economic Survey reports that Business in local towns, Jobs in Middle East Countries constitute the major source for household income and livelihood, yet a minority is engaged in farming and other daily wage jobs. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 58 Taluk, Palakkad 6.6 Factors that contribute to local livelihoods Fishing and farming were the two prominent and traditional livelihood activities in the village, since the Bharathappuzha flowing through the region. The boom in the construction sector since end of the last century resulted in sand mining and became a leading source of income in the village households until the sand mining in the river banned few years ago. The growing town of Pattambi also attracted many businessmen and workmen from the village and finds livelihood means. 6.7 Kinship patterns and social and cultural organization As observed by the expert team of SIA, people generally live in harmony and work together for the development of the region. Schools, Religious and Cultural Organisations are also present in the region and the most notable being AM.L.P School, a school established in the year 1921. 6.8 Administrative organization Muthuthala Village, Muthuthala Grama Panchayat Office, The government Ayurvedic dispensary, Office of Assistant Director of Agriculture, Regional Agricultural Research Station etc. are some of the administrative organisations located in the vicinity of project site, however none are being affected directly with the proposed Kodumunda Flyover. 6.9 Political organization Kodumunda is a small village in Muthuthala Panchayat and centred on the gated Railway Cross in the busy Shornur-Kozhikode railway line. No political organisation is observed to be located in the immediate vicinity of the project site. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 59 Taluk, Palakkad 6.10 Community based and civil society organizations A committee of the affected persons and other key persons was constituted to propose an alternate alignment plan to the concerned organisation. Though no religious or community based organisations are directly affected with the project, access to these institutions is likely to be changed with the proposed flyover. Kodumunda has many temples and mosques and the most notable being Nedunganad Muthassiyarkavu. Sree Maniyampathur Saraswathi Temple is another prominent temple and is situated at West Kodumunda. Kodumunda Juma masjid and West Kodumunda Juma masjid are two important mosques in the village. Muthassiyarkavu Thalapoli, Valavilkshethram (Cheruneerkara Shiva temple) Shivaratri are the major festivals in Kodumunda, and are celebrated annually. Kodumunda Nercha, celebrating as national festival is considered as another important festival in the area. 6.11 Regional dynamics and historical change processes Kodumunda is a rural village in Muthuthala Panchayat, placed between the Taluk Head Quarters- Pattambi and Muthuthala town. Located in the banks of River Bharathappuzha, the region was known for farming especially for paddy and coconut. The real estate boom in the year 2008-2014 and poor cost efficiency in the agro-sector resulted in the land being used for residential and commercial purposes. The migration of natives to foreign countries especially in Middle East and resulting rise in household income inflated this phenomenon. The term ‘Kodumunda’ is recorded in the history of Shornur-Kozhikode Railway line and the Level Cross has been functional since the existing road was constructed, connecting Pattambi and Muthuthala decades ago. Since then, it has evolved as the commercial centre of the village. To leapfrog the Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 60 Taluk, Palakkad development of the region, a faster and safer road network is essential and the proposed flyover is likely to become a catalyst for the same. 6.12 Quality of the living environment Major population in the project area live Above Poverty Line with access to facilities such as Schools, Religious Centres, Civil Organisations, Social Groups etc.. Due to its close access with Pattambi, the facilities in the town are also being used widely especially for Health, Education and Livelihood. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 61 Taluk, Palakkad CHAPTER 7 SOCIAL IMPACT MANAGEMENT 7.1 Approach to mitigation To assess the mitigation, the expert research team of SIA Unit has adopted an approach that is spanned in three phases. In the first phase, a physical observation of the area was held and conducted a pilot study to understand major risks and opportunities involved with the project. Through a structured questionnaire, detailed dynamics of risks of each affected person is collected and analysed. Further, to understand generic and common risks involved with the project, in-depth interviews were held with selected key persons and stakeholders of the project. A public hearing is being scheduled for a comprehensive measurement of risk and to mitigate it in the third phase. 7.2 Measures to avoid mitigate and compensate impact The construction of Kodumunda flyover replacing LC No. 167 at km 593/8-9 in Shornur-Kozhikode railway line was proposed by Roads and Bridges Development Corporation of Kerala Ltd. as an important infrastructure work for the development in South Malabar region. Among the three alternatives under scrutiny, RBDCK Ltd. has adopted the existing design, considering not only the lower estimated cost of the project, but the minimal impact to the residential buildings as well. However, with the existing alignment plan, Thirteen (13) residential buildings are understood to be affected and total of Twenty One (21) families are to be directly impacted. Further, the tenants and employees working in the owned and rented organisation/ commercial units are known to be indirectly affected with the project. The following measures may be taken to avoid, mitigate and compensate impact Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 62 Taluk, Palakkad • Compensation for the land owners as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and Kerala Rules 2015. • Resettlement and Rehabilitation procedure as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017as well as G.O. (Ms) No. 485/2015/RD dated 23/09/2015 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLAR&R Act 2013. • Examine the alternative design proposed by the affected persons in which no/ minimal residential buildings are affected • Ensure that the water bodies such as canals, streams etc. in the vicinity of the project and river Bharathappuzha are not affected and has to recreate if those are affected so as to avoid flood and other disaster in the future. • Reinstall common facilities such Roads and Walkways to residential/ other properties which are expected to affect due to the implementation of the project • Measures to rebuild the affected portion of A.M.L.P School • Take possible measures to recreate income source for the directly and indirectly affected persons • Distribute saplings and take initiatives to plant trees to safeguard the environment • Safety of the people while constructing the flyover and healthy disposal of wastages which may arise out of construction should be ensured. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 63 Taluk, Palakkad 7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act The Rehabilitation and Resettlement procedures as per the Policy issued by Revenue (B) Department, Government of Kerala vide G.O.(Ms) No.448/2017/RD dated 29/12/2017 as well as G.O. (Ms) No. 485/2015/RD dated 23/09/2015 for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLAR&R Act 2013 shall be provided to the affected land owners. 7.4 Measures that the Requiring Body has stated it will introduce in the project proposal Major risks identified by the Requiring Body and measures to mitigate are given in the Table 2.3.3 in the Detailed Project Report while it mentioned. 7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA As per the existing alignment, Thirteen (13) residential buildings are included in the project site and a committee of affected persons have taken initiatives to correspond with the Requiring Body and other concerned departments and personnel to consider the alternate design and alignment proposed by them. As per the plan, the Flyover will start from the point at ‘Kodumunda Valavu’ and ends on ‘Theeradesham Road’ and no residential buildings will be affected. The alignment proposed by the committee is exhibited below. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 64 Taluk, Palakkad Exhibit 7.5 Alternate Project Design Submitted by Affected Persons 7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy The Rehabilitation and Resettlement package as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms) No.448/2017/RD dated 29/12/2017 for the rehabilitation and resettlement Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 65 Taluk, Palakkad package for land acquisition in the state in lieu of RFCTLAR&R Act 2013 shall be provided to the affected land owners. Table 7.6 Mitigation strategies and activities S # Mitigation Strategy Activities Timeline 1 Compensation and Assessing the impact As per Kerala Resettlement Calculation of Compensation Right to Fair Transfer of land and Compensation Disbursement of Compensation and 2 Recreation of Construction of common Transparency Common Facilities facilities along with Flyover in Land construction Acquisition, 3 Livelihood Impact Reinstall livelihood Rehabilitation Mitigation opportunities for the affected and persons Resettlement Rules 2015 4 Mitigation to ensure Implement safety measures and safety and continuous develop plan of action for the transportation undisrupted transportation and to dispose construction wastages 7.7 The SIA plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body With respect to Land Acquisition, the requiring body has identified acquisition of school building as a major risk and committed to undertake necessary actions and shall settle objection from local community by setting a time limit without affecting the work in progress and to complete project on time. (Excerpts from DPR) Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 66 Taluk, Palakkad CHAPTER 8 SOCIAL IMPACT MANAGEMENT PLAN INSTITUTIONAL FRAMEWORK 8.1 Description of institutional structures and key person responsible for each mitigation measures The project of constructing the Kodumunda Flyover at Muthuthala Panchayat in Pattambi Taluk, Palakkad was proposed by Roads and Bridges Development Corporation of Kerala Ltd. Government of Kerala has appointed various key persons through formal order with clear roles and responsibilities in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation (RFCTLARR) Act, 2013. RTFCTLARR Act, 2013 defines the Administrator appointed by the State Government would be the person responsible for Preparation of Rehabilitation and Resettlement Scheme for affected families of Land Acquisition. Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation & Resettlement Scheme shall vest in the Administrator. As per G.O. (Ms) No.485/2015/RD, dated 23/09/2015, The Kerala State Policy for Compensation and Transparency in Land Acquisition, the District Level Fair Compensation, Resettlement and Resettlement Committee comprising : • District Collector, Administrator for resettlement and rehabilitation, • Land Acquisition officer • Finance Officer Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 67 Taluk, Palakkad • Representatives of the requiring body to take financial decisions on its behalf, • Representatives of Local Self Government Institution to monitor the Rehabilitation Action Plan 8.2 Specify role of Non-Governmental Organizations Not applicable 8.3 Indicate capacities required and capacity building plan, including technical assistance if any RBDCK Ltd. may provide necessary information to the governing offices and shall finalise the resources and capacities in consultation meetings. 8.4 Timelines for each activity Timeline will be finalized as per the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 68 Taluk, Palakkad CHAPTER 9 SOCIAL IMPACT MANAGEMENT PLAN BUDGET AND FINANCING OF MITIGATION PLAN 9.1 Costs of all resettlement and rehabilitation costs As per the DPR, the land acquisition, rehabilitation and resettlement cost is assessed to be Rs.887.75 lakhs for the proposed project. Important consideration and specific cost of the project dimensions are given below a) The land area to be acquired depends on the width of the proposed Flyover and the width of the service roads running adjacent to them. As far as land acquisition is concerned, 109.14 cents and 43.64 cents of land is to be acquired on Pattambi and Muthuthala side respectively. For estimation purposes, current market prices have been used for the land and the amount work out to Rs.611.11lakhs. b) There are RCC buildings, Wells, Compound Wall, Tiled roof buildings etc. which are affected by land acquisition, and value of this amounts to be Rs.123.87 lakhs. c) Costs of resettlement and rehabilitation are proposed as Rs.100 lakhs as a token provision. d) Contingency charge @ 5% of the total of (a), (b) and (c) above, amounting to Rs.41.75 lakhs is to be deposited to District Collector as per Rule 4(3) and 4(5) of GO(P) No. 470/2015/RD. e) Cost of alignment demarcation, laying of boundary stone, preparation of structural valuation report and survey report, auctioning and overhead charges comes to Rs.11.01 lakhs. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 69 Taluk, Palakkad Table 9.1 Project cost Item Unit Area Rate (Rs) Amount (Rs) Amount (Rs in lakhs) Land Cost Pattambi Cent 109.14 4,00,000.00 4,36,57,029.90 Muthuthala Cent 43.64 4,00,000.00 1,74,54,904.87 Subtotal For Land 61,111,934.77 611.12 Structures Pattambi Side RCC House m2 120 11,600.00 13,92,000.00 RCC House m2 147 11,600.00 17,05,200.00 RCC House m2 107 11,600.00 12,41,200.00 Muthuthala Side RCC Building m2 77.00 11,600.00 8,93,200.00 RCC Building m2 59 11,600.00 6,84,400.00 RCC Building m2 76 11,600.00 8,81,600.00 RCC House m2 165 11,600.00 19,14,000.00 RCC House m2 106 11,600.00 12,29,600.00 RCC House m2 36.12 11,600.00 4,18,992.00 RCC House m2 88 11,600.00 10,20,800.00 RCC House m2 47 11,600.00 5,45,200.00 Shed m2 21 9,000.00 1,89,000.00 Shed m2 28 9,000.00 2,52,000.00 Well No 1 20,000.00 20,000.00 Subtotal For 12,387,192.00 123.87 Structure Subtotal For Land & 7,34,99,126.77 734.99 Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 70 Taluk, Palakkad Structure R & R 1,00,00,000.00 100.00 Sub Total 8,34,99,126.77 834.99 Contingency 5% 41,74,956.34 41.75 Preliminary 11,01,000.00 11.01 Expenses Total 8,87,75,083.11 887.75 9.2 Annual budget and plan of action Not Available 9.3 Funding sources with break up It was proposed that 50% of the construction cost will be shared by the Railways. Accordingly, the railway will directly construct the railway portion and will reimburse a portion of the construction cost of the approaches, so that the overall share of railway will be 50% of the construction cost. The Government of Kerala has to mobilize the entire amount required for the land acquisition and for the construction of approach portion initially. Railway will reimburse their share after completion of the project. (Excerpts from DPR, October 2017) Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 71 Taluk, Palakkad CHAPTER 10 SOCIAL IMPACT MANAGEMENT PLAN MONITORING AND EVALUATION 10.1 Key monitoring and evaluative indicators Roads and Bridges Development Corporation of Kerala Ltd. shall work with the District Authorities and Land Acquisition Office and shall set specific indicators for appropriate and efficient management plan to mitigate social impact. Some of the broad and key monitoring and evaluative indicators are • Fair compensation and resettlement measures as per RFCTLAR&R Act, 2013 • Timely disbursement of funds to the affected families • Implementation of the proposed project in the timeframe defined • Safety and environmental measures • Number of livelihood opportunities recreated 10.2 Reporting mechanisms and monitoring roles Rehabilitation and Resettlement procedures as stated in the Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015 and Resettlement procedures as per the Policies vide G.O.(Ms)No.485/2015/RD dated 23/09/2015 will be applicable. 10.3 Plan for independent evaluation Not Applicable Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 72 Taluk, Palakkad CHAPTER 11 ANALYSIS OF COSTS AND BENEFITS AND RECOMMENDATION ON ACQUISITION 11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs Faster and safer road networks are important determinants for the economic development and high living standards. Pallipuram and Muthtuthala are two densely populated villages of Pattambi Taluk and a modern road network between the regions is quintessential for the residents. Kodumunda is a small village in Palakkad district and located 6 KM away of Pattambi town. The railway gate Level Cross No. 167 at km 593/8-9 in Shornur-Kozhikode railway line at Kodumunda has been causing regular congestion and traffic issues and RBDCK Ltd. has proposed to construct a flyover replacing the gate. The proposed flyover, covering 500.3 Meters including railway span would fit in the rationale for public purpose as the project is likely to reduce travelling time, traffic, pollution and energy consumption; and ensures a safer transportation through the region. The requiring body has considered three design options and opted the option which displaces less and has a minimal project cost. However, the proposed design itself will displace 13 families and 21 families in total are to be affected directly. A committee of affected persons and local community has constituted and they have conducted an independent study to suggest an alternate design. A new alignment plan was formulated and as per the plan, no residential dwellings are affected and will not displace anyone in the region. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 73 Taluk, Palakkad The district authorities have estimated that 54.50 Ares (Approximate) of land comprising of private as well as public land would be required for the project. As per the Government Order dated 12-07-2019 by District Collector, Palakkad, 10 plots in Block No. 27 having Survey Nos.- 204, 206, 211, 212, 215, 231, 232, 233, 234 and 235 are identified to be acquired. The nature of impact varies from one to another. The project will displace thirteen (13) families whose residential buildings will be affected. The SIA study reveals that twenty One (21) families will be directly affected as their land/building lay in the alignment for the project. Besides, farming and commercial activities etc. will also be affected causing adverse impact on the livelihood of the people. Most of the affected families have been residing in the region for a long time and the emotional attachment to the region should also be considered appropriately during rehabilitation and resettlement. Fair compensation and R & R Package based on RFCTLAR&R Act, 2013 is expected to cover major risks through its mitigation measures. Further, the affected persons in general are positive on the benefit of the proposed flyover as it is expected to reduce traffic, improve connectivity with other locations and is likely to result in appreciation of commercial value for land and other assets. 11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not. Based on the analysis and assessment of the positive and negative impacts of the project of constructing Kodumunda Flyover at Muthuthala Village in Palakkad District, SIA Team recommends the project to implement with the possible alteration to the existing land mapping if any to help the affected families in threat of displacement. The project is expected to improve quality of living in the region especially on transportation and the same is empathised by Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 74 Taluk, Palakkad the affected persons despite the negative impact the project leaves. The following are recommended to mitigate the impact: • Compensation for the land owners as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and Kerala Rules 2015. • Resettlement and Rehabilitation procedure as per the Policy issued by Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 as well as G.O. (Ms) No. 485/2015/RD dated 23/09/2015for the rehabilitation and resettlement package for land acquisition in the state in lieu of RFCTLAR&R Act 2013. • Examine the alternative design proposed by the affected persons in which no/ minimal residential buildings are affected • Ensure that the water bodies such as canals, streams etc. in the vicinity of the project and river Bharathappuzha are not affected and has to recreate if those are affected so as to avoid flood and other disaster in the future. • Reinstall common facilities such Roads and Walkways to residential/ other properties which are expected to affect due to the implementation of the project • Measures to rebuild the affected portion of A.M.L.P School • Take possible measures to recreate income source for the directly and indirectly affected persons • Distribute saplings and take initiatives to plant trees to safeguard the environment • Safety of the people while constructing the flyover and healthy disposal of wastages which may arise out of construction should be ensured. Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 75 Taluk, Palakkad REFERENCES 1. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 2. Kerala Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2015. 3. Rehabilitation and Resettlement Package for acquisition of Land in the State in lieu of RCFTLAAR Act, 2013 G.O. (Ms) No. 448/2017/RD dated 29/12/2017 and G.O. (Ms) No. 485/2015/RD dated 23/09/2015 4. Kerala Gazette (Extraordinary) No. 2277 dated 12/07/2019 5. Notification and Schedule (No. DCPKD/3506/2018-C5) from District Collector, Palakkad dated 12/07/2019 6. Detailed Project Report for Construction of Flyover at Kodumunda in Palakkad District, RBDCK, October 2017 7. National Highways Authority of India, Annual Report 2016-17 8. Kerala PWD- Road Bridge Maintenance Policy G.O (Ms.) No. 72/2016/PWD DATED 22/10/2016 9. www.rbdck.com 10. www.keralapwd. gov. in 11. Alternate design and letter by affected families (dated 19-01-2019) to RBDCK Ltd. to request to examine the design submitted Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi 76 Taluk, Palakkad LIST OF ANNEXURES Annexure 1 4(1) Gazette Notification Annexure 2 Socio-Economic Survey Questionnaire Annexure 3(a) Public Hearing Notification (Madhyamam) Annexure (b) Public Hearing Notification (Deshabhimani) Annexure 4 Notice issued to the affected families Annexure 5(a) List of participants - affected families Annexure (b) Participants - Officials Annexure 6 Govt.of Kerala - Revenue Department - State Policy for Compensation and Transparency in Land Acquisition Annexure 7 Policy for R & R package for acquisition of land in the State issued by Revenue (B) Department in 2017. Annexure 8 Details of affected families. Ann e-xuve X I (SldCrUDCDDfOSfDo EXTRAORDINARY etna, col <& 3 <1)1 & a o ceil (^j crurl rai) q a-j s} coroy rrn © PUBLISHED BY AUTHORITY roil^rum rrronj^rao, 2019 : ■1 12 No , 2277 Vol. VIII l 2Ui K im n i 11"5 S a tu rd a y 1941 (C^W iilfOo 6 6th A s w in o 194 I c i.Daoo cncrucft 4 (_aJ§A 1 i (3) .OOGlTVa),) o f le ? j6Y0')0 nJCT>o 2019 12. cnrfflS DCI’KD/3506/20 i 8-C 5. c<9>(0g nru^ (tnoaicoiouo *O)G(0)OS)S3nJffl-lS« rU«pt9)C2)1('35 Oil 013) jjl'jJSS SW)1 , ,... iv onyunt'mil'll. rmaoncaxo). njocitooos salgj. uisornil ■■wlWi&tf, ji.j asi n i o il <8fj sil 7)6 This is fa Signally signed Gazette. t y i V * ! < « * Authentic ay may be ^rifted through hup i-.//c ompoh . k v> ra I a p y\ *tv s><0>3sjmjsn3 © Q fiQ aoajfS ml;»jwfl 2013-©ei <3ja1 ;i4ft©Qsji0«eil«i6 mpaamDoa) (ih|njalnOOWOTolarijo nx^3(mane»<0s^o ai](TKoujloi3 (tdptpdI m y a ucmcrorp^ imcmftmxthiw i ajraoj 30-oo m m irfi G(ra 4 -Do OJ«ajof (1 )-o«» *>n ioi«0>.iajl6>Pi o.iy>!nrun •[ ■ 'i ; r : • a l g p ®)os»'f .-Jg1cftca%>5 n io c a jc m crcrsPKmro s»aj cru v . < niV'io>kn!'Dn> c-J msfflmjrmfcrflrrt allajaodifl-oj1®1«OQ2nT)ia)lm3 |DG.^p(/5, «naa|fyo, »lgp<8)GI (T03ffljnnt (nJaj^?r'£IO<&) Qilc«J (D3g3tol(ol ol.aj', ro3S!uoocTu1e)©jaT> fol(tj)l(D)lcj’S S c n p a ^ m {nJ (pHd3>lca> si m i © aorru'.artrilm(D>o (cflt6Gd36)6rr3 (orjojaooroarrailrai rf^syipai aPsjg«Ka>£|. a.isl<0> - o 13f lc36)3S. iWDPjjdX) ajIef&isf—H®' f-.j;. >>c oflcoknldsi^aosrri' g.oi(d (<0>m C:f>llj3cQ->) avSaqj oJJcnmlStjffa (S)(0a . n)cnj(6 mcni(3 cncnxd (tifityO) (1) (2) (3) (4) (5) 1 2 7 2 0 4 n j^ dodI so 2 .7 0 oJI ■jiIcjl crosn l f a u lo il th mjcOigl pj 3(2)1 2 2 7 2 0 6 4 .1 0 n y acn flso, dO>jgo. m laio 3 2 7 211 o l'(D"2)lSo, onlpjo 9 .4 0 4 2 7 2 1 2 m lpjo 7 .7 0 5 2 7 2 1 5 a JJfDCIlflSo 7 .8 0 6 27 231 a>i§o (ml.Q(02.)Y 0 .8 0 This is a digitally signed Gu/cue. Authenticity may he verified through htips:'/t>>mp^w.hriitl:i,e(>v Jr/ (1) (2) (3) (4) (5) 7 2 7 2 3 2 •.jj'joGo n.tx.T 2 .2 0 8 27 2 3 3 a "bo^ (n)l.'a)cO».) 0 .1 0 ■ul.u. 9 27 234 1.10 a m a u 10 27 2 3 5 cnleio 1 8 .6 0 54.50 cm^<5 (SJaf; gsl^jo nJOBJc&S* >s'. m BUSHED BV I HI .Sl.PliRINTI.NDlt .1 O f OOVUKNMliXf PRESS AT Till < iOVERXMETTi I.NTRAl. PRESS. TlllRl V-VNANTHAH R\M. t-jmd By S^f El f.'' V * e 201 SO U 28 03 29 5t! This is n digHallv signed < ia/etse. Authentis tly may be senl ied thnaigh hilps'./Ammpose.kes'.iia.gos i:i> I* j £ 4 4L H l£i Aonevcute. 1 Socio Economic Survey for Social Impact Assessment Study Land Acquisition for Construction of Flyover at Kodumunda, Pattambi, Palakkad Land & Building Tenants (Indirectly Affected) SIA Ref No Interviewer's Name ______j Survey Date Supervisor's Name i Data Entry Staff' Name Data Entered Date Data verified by, and Date Name of the Respondent: Name and Address of the Affected Person: Phone Number: Household Demographic Information: Q.1 Village/Place: Q.2 Ward No.: Q.3 Name of Panchayat: Q.4 Religion: Hindu] ~] Muslim Christiarj [ Others Please Specify Q.5 Social Group: SC ST OBC General Others Please Specify Q.6 Ration Card: Yellow PINK BLUE WHITE□ N.A Q.7 Monthly Family Income: Q.8 Monthly Family Expenditure: SIA- Land Acquisition for Construction of Flyover at Kodumunda, Pattambi. Palakkad (Tenant j (SIA Unit, RAJAGIRI outREACH) \ 2 Q.9 Major Source of Income: Q.10 No. of Earning Members in the Family: Q. 11 No. of Dependents: Details of the Rented Building/Land Proposed for Acquisition Q.12 Type of Building Rented: Concrete I Tiled Hut Q.13 Built up Area (In Square Feet): Q.14 Type/Nature of Business Unit Managed: Q.15 Details of Employees in the Family Managed Units: S II Name of Employee G e n d e r A g e M o n t h l y N o . o f D a t e o f Contact No. S a la ry D e p e n d e n t s J o in i n g 1 2 3 A (Add in separate sheet if employed more) Q.16 Monthly Income from the Commercial Units: Impact Q.17 Does the proposed acquisition of land displace you or your commercial unit? Yes No Q.18 Does the proposed acquisition of Land affect your major source of Income and Livelihood opportunities? Yes No If yes, state how_ Q.19 Does the proposed acquisition of Land affect farming and agriculture you are currently engaged at? Yes No If yes, s t a t e h o w _ V S!A Land Acquisition for Construction of Flyover a t Kodumunda, Pattambi, Palakkad (Tenant) (SIA Unit, RAJAGIRI outRFACH) " / 3 Q.20 Does the proposed acquisition of Land affect your existing water sources? Yes No If yes, state how_ Q.21 In any form, does the proposed acquisition cause hindrance to your residence/commercial building or other structures in the vicinity such as compound wall etc.? Yes No If yes, state how______ Q.22 Does the proposed acquisition cause any hindrance to access electricity? Yes No If yes, state how______ Q.23 Does the proposed acquisition affect your mode of transportation and access to the nearby town, public/social institutions such as Schools, Hospitals, Clubs, and Sports Ground etc.? Yes No If yes, specify. Awareness and Attitude Q.24 Are you aware about the proposed plan of Constructing Flyover at Kodumunda and acquisition of land/Building you have tenanted? Yes □ If yes, source of information: Newspaper TV/Digital Media Community Members Social Media Others (Specify) Q.25 Rank the likely positive and negative outcomes of the project: Positive Outcome Rank Better access to important locations ______I Low Traffic 1 Higher commercial value for land and other properties : Better infrastructure and access to modern facilities in the locality Others (Specify) SIA- Land Acquisition for Construction of Flyover at Kodumunda, Pattambi, Palakkad (Tenant} (SIA Unit, RAJAGIRI outREACH) V 4 Negative Outcome Rank Reduction in ownership and possession of land and Building Livelihood means fully or partially affected Farming and agriculture negatively affected Others (Specify) General Comments about the Project: S IA - Land Acquisition for Construction of Flyovei at Kodumunda, Pattambi, Palakkad (Tenant) (SIA Unit, RAJAGIRI outREACH) \ 5 Q.26 FAMILY MEMBERS - DETAILS Marital Education SI.No Status Monthly Major Name Age Gender (Married/Unm Job diseases/ arried/Divorce Income Disability ing ted Relationship of the family e / W id o w ) with the Head Comple Continu 1 2 3 4 5 6 7 8 " - 9 10 A ■ L a n d A l Qu , •>m lot Construe bon >/' Flyover at iwoumunda. 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BRUBOBIfilOflfl 2019fi«9»€SD6mrtl30 6niiU)tT& 4 o m o g l c r C Qnoooo - 5 t i§o 14 ( i ) cfl>osrr>2 (cfliCKT) m x d e q j alcrucffflaJfijpo gifltojas rtnoo 0U(3 coaiKd ((30>(8) 1. 2 0 4 2 .7 0 aJJfflmSSD 2. 2 0 6 4 .1 0 o il ail co rro s n J atSlajIf-ftiarfyfibgjlejocafl -xi^otiha, afleio 3 . 211 9 .4 0 njjonflso, crSejo . 4. 2 1 2 7 .7 0 nrilejo 5. 2 1 5 7 .80 \J)0Q3?lSa 6. 231 0 .8 0 ■ ftjg o (cril.o.) 7. 232 2 .2 0 fii^rKE(TUO«06) 8. 233 0 .1 0 0(013^ (crfl.S)o9a.) 9. 2 3 4 1 .1 0 nJl.oosglaBj.ain. aooao 10. 2 3 5 1 8 .6 0 a fle jo 5 4 .5 0 Ann-eot u r ^ l L (& ) Public Hearing - Social Impact Assessment SIA Study Draft Report Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad Venue: Muthuthala Panachayath Hall Date & Time: 13/11/2019, 11.30A.M Participants List SI Name & Address Contact Number Signature No ______/3_____ v rl / ^ b kA fna\ U0fc>34l JshxbQe \\m- ~f-o£ Attendance Record - Public Hearing: Social Impact Assessment - SIA Study jDraft Report_Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad 1 w (V\/V Public Hearing - Social Impact Assessment SIA Study_Draft ReportLand Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad Venue: Muthuthala Panachayath Hall Date & Time: 13/11/2019, 11.30 A.M Participants List SI Name & Address Contact Number Signature No 15. ^ ^ Q i r j ) QA r O J / IK ) A ■ ~~T . ^ c l /S r r J - o-iO .( C' ' 1 <6 1 (S ClS'TYO • A) ^ q i- e G L p ) O T-f* IS .V\A ^ i a iu .. "IrSfsStsASr- --- 1----- 1 11 v u __ i 19 C it cvlM la-Vlva q <" A n 0 UlTC A tiyT Attendance Record - Public Hearing: Social Impact Assessment — SIA Study Draft Report Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad 1 V f\/\Y)-e% uxe_ j/ Gt Public Hearing - Social Impact Assessment SIA Study Draft Report Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad Venue: Muthuthala Panachayath Hall Date & Time: 13/11/2019, 11..30A.M Officials List SI Name & Address Contact Number Signature No C'-f C *> f Qfh* ' / J W u c k W 1 W l o h t n e d (J vccjA w/ 3 ' 7 ^ 7 3 ■ * • _ J ~7cA/A------j v 4------ s ' s t £-1?- Q M U l -fit'll H.uVin^H*(jP / c f i f h n v n JH 1alarfd tw rtrf X Attendance Record - Public Hearing: Social Impact Assessment - SIA Study Draft Report_Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad 2 Public Hearing - Social Impact Assessment SIA Study Draft Report_Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad Venue: Muthuthala Panachayath Hall Date & Time: 13/11/2019, 11..30A.M Officials List SI Name & Address Contact Number Signature No M-P mafofL' A - 4 * Attendance Record - Public Hearing: Social Impact Assessment - SIA Study Draft Report Land Acquisition for Railway Over Bridge at Kodumunda, Pattambi Taluk, Palakkad 13 3 ^ 3 ! / °/ lj GOVERNMENT OF KERALA Abstract Revenue Department - State policy for Compensation and Transparency in Land Acquisition - Approved - Orders issued. REVENUE (B) DEPARTMENT G.O.(Ms) No.485/2015/RD. Dated, Thiruvananthapuram, 23/09/2015. Read ■ G.O.(P) No.4 7 0 /2 0 15/RD dated 19/09/2015. ORDER The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring just and fair compensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01/01/2014. The State Government as per G.O. read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015. 2. Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/policy which provides higher compensation than that calculated under this Act for the acquisition of land so that the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy . 3. Therefore, in order to speed up and simplify the procedures of land acquisition for public purpose, Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The important objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair compensation, rehabilitation and resettlement committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC). (By Order of the Governor) Dr. Vishwas Mehta Principal Secretary to Government To The Commissioner, Land Revenue, Thiruvananthapuram All District Collectors The Public Works /Water Resources/Industries/Power/Transport/ Local Self Government/IT Departments The Accountant General (Audit/A&E) Kerala, Thiruvananthapuram The Finance Department General Administration (SC) Department Tmormation 8s Public Relations (W&NM) Department Stock File/Office Copy. Forwarded/By Order % Section Officer. - 2 - Appendix Policy of the State of Kerala for compensation in land acquisition Introduction The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been enacted with the objective of ensuring adequate compensation and Rehabilitation 85 Resettlement to Land owners whose land are compulsorily acquired by the State for bonafide public purposes. Section 108 of the Act empowers the Government to frame law or policy which provides a higher compensation than calculated under this Act for the acquisition of land and thereby enabling the land ouster to exercise option either to avail such higher compensation for Rehabilitation and Resettlement under such policy of the State or to go by the provisions of the Act. Kerala is a State with high population density and whenever Government resorts to acquisition of land for public purpose, families get displaced from their ancestral properties and lose lands which are often their sole livelihood. In order to ensure that immediate relief by providing enhanced compensation and Rehabilitation & Resettlement package to such affected families, Government of Kerala felt the need for framing an adequate policy on the subject. Objectives Government aims to ensure the following relief to the land losers through this policy. 1. The land loosers are provided with just and reasonable compensation for land acquired, relieving them from the burden of approaching judicial forums for enhancement of compensation. 2. Rehabilitation 8s Resettlement policy as provided in the Act along with additional packages including employment/stake holdings in eligible cases according to the nature of the project. 3. Disbursement of compensation before taking possession of land and ensuring Rehabilitation and Resettlement packages including infrastructural amenities as provided in the third schedule of the Act within 18 months of the date of publication of DD. 4. Transparency in procedures and less negative impact ensuring the land losers that their socio-economic status does not fall below what it was before the acquisition. Frame work of the policy The general provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to all land acquisitions. Social Impact Assessment (SIA) study shall be conducted in projects where it is mandatory and preliminary notification under Section 11 of the Act shall be published after approval of the project by the Expert Committee. (1) The Government shall constitute a District Level Fair Compensation, Resettlement and Rehabilitation Committee in every District. (2) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall have the following Members: -3- i) District Collector ii) Administrator for Resettlement and Rehabilitation iii) Land Acquisition Officer iv) Finance Officer v) Representative of the Requiring Body empowered to take financial decisions on its behalf. vi) Representative of the Local Self Government Institution of the area where the land is situated. Provided that where the affected area covers more than one district, the District Level Fair Compensation, Resettlement and Rehabilitation Committee of the district, where major portion of the land to be acquired belongs to, shall function as District Level Fair Compensation, Resettlement and Rehabilitation Committee to take action in the matter. (3) The District Collector will verily the title deeds, non-encumbrance certificate, basic tax receipt, building tax receipt, possession certificate and other relevant records of each parcel of land to be acquired. (4) The District Government Pleader or any other advocate specially authorized by the District Collector in this behalf will scrutinize the title deeds, and other documents relating to ownership and possession and give necessary recommendation to the District Collector. (5) The District Collector shall, within 7 days of the preliminary notification under Section 11, send the SIA Report and other relevant documents to the District Level Fair Compensation, Resettlement and Rehabilitation Committee. (6) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall fix the parameters and shall define criteria for categorization of land as per the local needs to fix land value and the same may be approved by the Committee. The Committee should take utmost care in determining the criteria for categorization. There should not be any ambiguity regarding classification. The authority to change the categorization once approved by the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall rest only with the SLEC. (7) After categorization of lands, land value shall be arrived at as per the provisions of the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and keeping this as the basis land value and taking into consideration the existing market value of the land make negotiation with the land owners and reach consensus with them on the final land value (8) The Committee will finalise the estimate of a fair and reasonable price of land and compensation along with the Rehabilitation and Resettlement package to be given to the affected person/family. The Committee shall ensure that eligible affected family is given Rehabilitation & Resettlement an envisaged in the second and third schedule of the Act. (9) The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall send the estimate arrived as above, in Annexures I & II to the State Level Empowered Committee for approval. -4- The Government shall constitute a State Level Empowered Committee which shall have the following members: (i) Chief Secretary (ii) Revenue Secretary (iii) Secretary of the Administrative Department (iv) Law Secretary (v) Finance Secretary The State Level Empowered Committee shall approve the estimate or return it for reconsideration by the District Level Purchase Committee with suggestions/observations that it thinks fit. The District Level Fair Compensation, Resettlement and Rehabilitation Committee shall, within 15 days of the receipt of such approval with or without changes, send individual notices to the affected families and affected persons apprising them of the provisions of the law or policy and giving them a date to appear before it on a specified date for the purpose of considering settlement of compensation and resettlement and rehabilitation claims on the basis of the policy. On the date fixed as above, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall explain the policy to the affected family or affected person and give them an estimate of the compensation and resettlement and rehabilitation package worked out under the policy. Provided that the date so fixed may be adjourned for another date for reasons to be recorded, Provided further that the proceedings shall not be adjourned for more than a period of 30 days in all from the first date. At the proceedings, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall present the estimated compensation and resettlement and rehabilitation package to the affected family or affected person and explain the terms and conditions of the same, Provided that the District Level Fair Compensation, Resettlement and Rehabilitation Committee may change the compensation and relief and resettlement package for the benefit of the affected family or affected persons to the extent of 10% in order to arrive at a mutually acceptable d settlement. If District Level Fair Compensation, Resettlement and Rehabilitation Committee feels that a higher payment exceeding 10% is absolutely necessary, then the proceedings may be recorded and sent to SLEC for approval. The affected family or affected persons shall thereupon submit their consent to having their claims settled according to such law or policy of the State instead of settling the same under the Act Provided that the affected families or affected persons who earlier rejected the negotiated settlement may, by a written application to the Collector, shall choose the option of the State policy at any time before passing the final award under Sections 30 and / or 31. Upon receiving the consent of the affected person or affected family, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall submit the consent along with minutes of its proceedings to the Collector for finalizing the conveyance of land in terms of the consent. -5- (17) The Collector, upon receiving the consent, shall cause a Sale Deed in terms of the settlement arrived at in the proceedings before the District Level Fair Compensation, Resettlement and Rehabilitation Committee to be executed and registered between himself and the affected family or affected person. (18) The Collector shall ensure that the draft declaration under Section 19of the Act has been published before proceeding with the execution of the sale deed. (19) The designated officer of the concerned project authority will take steps to effect necessary changes in the classification of land through the Taluk Tahsildar on the basis of the copy of the registered deed obtained from the Office of the Sub Registrar. (20) The Compensation or package received by the affected family or affected person shall not be subject to income tax or any other levy. (21) The compensation and package agreed upon shall be paid into the bank account the details of which shall be submitted by the affected family or affected person along with the consent. (22) On completion of the conveyance the Collector shall take possession of the land immediately, provided that the Collector may, on a written application by the affected family or affected person, accord sanction for extension of talcing of possession of the land by a period not exceeding 30 days. (23) No conveyance made under these rules shall be called in question in any court of law on any ground except that the same was executed by a person other than the one who was competent to do so. Append.ix.-I Check List for District Level Purchase Committee 1. Whether the title of the land is clear : 2. Whether any Government land is involved : 3. Criteria for categorization : 4. Criteria for fixing land value : 5. Decision of the DLPC -6- Appendix-II FORMAT FOR SUBMITTING PROPOSALS FOR SLEC I. Land No.of Land Land Total Value title value value Extent 100%+ No. of holders as decided Existing of solatium % of Category title who per by the faii- land + 12% increase holders have BVR DLPC value in additional given in (per Ares land consent Ares Are) value A B C D Total II Budget provision under H/A 5054-80-800-65 LA for Government purposes III Amount already released IV Balance available V Approx, amount proposed to be released for compensation in the present case VI Amount recommended for release VII Whether percentage of increase is justified R s C. File No.REV-B1/264/2017-REV GOVERNMENT OF KERALA Abstract Revenue Department - Rehabilitation and Resettlement Package for acquisition of Land in the State in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Approved - Orders issued.______REVENUE (B) DEPARTMENT G.O.(Ms)No. 448/2017/RD Dated,Thiruvananthapuram,29/12/2017______Read: 1 G.O (Ms) No 419/11/RD dated 15.11.2011. 2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 3 Minutes of the meeting convened by ACS (Revenue) on 29.05.2017 ORDER Land acquisition for public purpose in the State is done by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. In view of the introduction of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the necessity for a clear and transparent policy for rehabilitation and resettlement was felt. The meeting convened by Additional Chief Secretary (Revenue) on 29.05.2017 inviting Finance Secretary, Law Secretary, Secretary PWD, Transport Secretary, Commissioner, Land Revenue & District Collector, Thiruvananthapuram discussed the various issues related to the formulation of State Policy on Rehabilitation & Resettlement in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The Committee observed that the State of Kerala is facing several problems with regard to Land Acquisition. Stiff resistance from all corners are being faced by the Land Acquisition Officers (LAO). The Committee viewed that organized resistance from petty traders, shop owners are faced during this entire process. Owing to the experience gained over a past couple of years, the Committee decided to slightly deviate from those File No.REV-B1/264/2017-REV provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. On serious and deliberate discussions the Committee unanimously came to the conclusion for providing more assistance rather than included in the 2nd schedule of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Government have examined the matter in detail and are pleased to approve a comprehensive Rehabilitation and Resettlement Policy as appended to this order for land acquisition in the State slightly deviating from those provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. This Rehabilitation and Resettlement Policy will be applicable to all land acquisition cases in the State, ie, by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. This Rehabilitation and Resettlement Policy will have effect from the date of this order where the land acquisition award has not been passed. By order of the Governor P H KURIAN ADDITIONAL CHIEF SECRETARY To:- The Commissioner of Land Revenue, Thiruvananthapuram. All District Collectors. The Public Works/Water Resources/Industries/Power/Transport/Local Self Government/IT Departments. The Principal Accountant General (Audit), Kerala, Thiruvananthapuram. The Accountant General (A&E), Kerala, Thiruvananthapuram. The Finance Department (Vide UO No 514877/Exp-A1/267/201 dated 20.07.2017) General Administartion (SC) Department (Vide Item No 1784 dated 26.12.2017) Information and Public Relations Department Stock File / Office Copy File No.REV-B1/264/2017-REV Copy To:- PS to Chief Minister PS to Minister (Revenue) AS to Chief Secretary PA to ACS (Rev & DM) CA to Principal Secretary (Finance) CA to Principal Secretary (PWD/Transport) CA to Additional Secretary (Revenue/LA) Forwarded/By order Val >wn er Digitally wgnec/ by £J£Jl\ VARGHESE/ J \ Date: 2017/12^T17:2 f5 4 1ST Reason: ApnrJved I File No.REV-B1/264/2017-REV APPENDIX SI. State Policy on Rehabilitation and Resettlement No. 1 Provision of housing units in case of displacement: 1. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 Sq mts in plinth area. 2. The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily displaced from such area. PROVIDED that any such family in urban /rural areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than Rs 300000( three lakhs rupees only) irrespective of their annual financial income. 2 Land for Land In the case of irrigation project, affected family owing agricultural land in the affected area and whose land has been acquired or lost, or who has, as consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired: PROVIDED that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half acres, whichever is lower. 3 Offer for developed Land: In case the land is acquired for urbanization purposes, twenty percent of the developed land will be reserved and offered to File No.REV-B1/264/2017-REV land owing project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development: PROVIDED that in cases the land owing project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it. 4 Choice of Annuity or Employment: The appropriate Government shall ensure that the affected families are provided with the following options: (a) . Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) One time payment of five lakhs rupees per affected family; or (c) Annuity policies that shall pay not less than three thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for agricultural Labourers. 5 Subsistence grant for displaced families for a period of one year Each affected family which is displaced from the land acquired shall be given a monthly subsistence allowance equivalent to five thousand rupees per month for a period of one year from the date of award. In addition to this amount, the Scheduled Castes and the Scheduled Tribes displaced from Scheduled Areas shall be relocated in a similar ecological zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities. 6 Transportation cost for displaced families: Each affected family which is placed shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building, materials, belongings and cattle. File No. REV-B1/264/2017-REV 7 Cattle Shed/Petty Shops cost: Each affected family having cattle or having a petty shop shall get one-time financial assistance subject to a minimum of twenty five thousand rupees and maximum of Rs. 50,000/- ( Fifty thousand rupees) for construction of cattle shed or petty shop as the case may be. 8 One time grant to artisan, small traders and certain others: Each affected family of an artisan, small trader or self employed person or an affected family which owned non agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the affected area due to land acquisition, shall get one-time financial assistance of fifty thousand rupees. 9 Fishing Rights: In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs. 10 One time Resettlement Allowance: Each affected family shall be given a one-time “Resettlement Allowance” of fifty thousand rupees only. 11 Commercial Tenants One time assistance of Rs. 2,00,000/- ( Rupees Two lakhs only) to meet all shifting charges and social costs. Provided, such assistance would not be provided to companies, banks, financial institutions & large shops having a carpet area of more than 2000 sq.ft. 12 Employees working in commercial establishments Rs.6,000/-(Rupees Six thousand only) p.m for 6 months for loss of livelihood for the employees working in the said commercial establishment for 3 years prior to acquisition. 13 Residential family Tenants They will provided a one time shifting allowance of Rs.30,000/-.( Rupees thirty thousand only) 14 Encroachers who live or run their business on puramboke File No.REV-B1/264/2017-REV land fora minimum period of 3 years preceding the date of 4(1) notification of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or date of Preliminary Notification of the concerned Act as the case may be: 1. Rs. 5,000/- p.m ( Rupees Five thousand only) for 6 months. 2. Value of Structure/improvements on land valued as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 15 Place of worship. In addition to land and structural value, shifting charge of actual expenditure subject to a maximum of Rs. 1,00,000/- ( Rupees One lakh only) wherever necessary. Anrie9L\A%£ % List of affected families Kunnathodi House, Perumudiyoor T o 215/5 1 Ali Kunnathodi P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 2 Hamsa P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 211/1 3 Saithalavi P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 215/29 4 K.T.Kunjalan P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 210/2 5 Ashraf P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 210/2 6 Abdul Rasheed P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 210/2 7 Abdul Kamal P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 12 211/20 8 Siddhique P.O.,Pattambi,Palakkad-673303 Kunnathodi Kunnathodi House, Perumudiyoor 12 211/19,21 9 Shamsudheen P.O.,Pattambi,Palakkad-673303 1/20 Muhammed Kunnathodi House, Perumudiyoor 10 204/15 10 Hussain P.O.,Pattambi,Palakkad-673303 Muhammed Kunnathodi House, Perumudiyoor 10 204/15 11 Kutty P.O.,Pattambi,Palakkad-673303 12 Abbas Kunnathodi House, Perumudiyoor 10 204/20 V Kunnathodi P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 10 204/13 13 Gopala Krishnan P.O.,Pattambi,Palakkad-673303 Kunnathodi House, Perumudiyoor 13 14 Saithalavi P.O.,Pattambi,Palakkad-673303 Karthyayani Kunnathodi House, Perumudiyoor 10 204/13-2 15 Kunnathodi P.O.,Pattambi,Palakkad-673303 Saithali, Abbas, Kunnathodi House, 12 211/7, 16 Moideen Kutty, Perumudiyoor P.O., Pattambi, 211/8, Hamsakutty, Palakkad-673303 211/9, Fathima 211/10 Rasheed Kunnathodi House, Perumudiyoor 10 204/14 17 Kunnathodi P.O.,Pattambi,Palakkad-673303 Veeran Kunnathodi House, Perumudiyoor 10 208/12-1 18 Kunnathodi P.O.,Pattambi,Palakkad-673303 Poozhikunnath House, 12 PerumudiyoorP.O., Kodumunda, 212/1 19 Kunjumoideen Palakkad-673303 Alickal House, Perumudiyoor P.O., Kodumunda, Palakkad- 10 204/20 20 Azeeya Alickal 673303 A.M.L.P. School, Kodumunda, Near Railway Gate, Palakkad- 10 101/9A 21 K.T. Sailathali 673303 S I A U n l t Ka JAGIRI cM rfack Rafa^rl ouREACM Rafagbl CcBaga of Social Sdanoas Ra»aglri P.0 Kaiaanaasary. Pin: SS3 1M Pfi: 0454 2911330.332/2550785 («aa n| agi rf Ag m a I £ o1©JOTnD-
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