Jagalur-NH13-Mokalmur-SH19, Karnataka State Highway

Involuntary Resettlement Assessment and Measures

Resettlement Plan for AEP 4: T13 and T17 (Jagalur-NH13-Mokalmur-SH19) Document Stage: Draft for Consultation Project Number: 42513 August 2010

IND: Karnataka State Highway Improvement Project

Prepared by Public Works Department, Government of Karnataka.

The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

TABLE OF CONTENTS ABBREVIATIONS ……………………………………..iv EXECUTIVE SUMMARY ……………………………...... vi

1. CHAPTER I – PROJECT DESCRIPTION...... 1 1.1 BACKGROUND ...... 1 1.2 OBJECTIVES...... 1 1.3 PHYSICAL CHARACTERISTICS OF THE PROJECT AREA...... 4 1.4 PROJECT COMPONENTS ...... 4 1.5 ROAD CONFIGURATION:...... 4 1.6 REALIGNMENT / BYPASSES: ...... 4 1.7 BRIDGES AND OTHER CROSS DRAINAGE STRUCTURES:...... 4 1.8 ROAD SIDE DRAINAGE:...... 4 1.9 ROBS...... 5 1.10 JUNCTIONS / INTERSECTION IMPROVEMENTS: ...... 5 1.11 SERVICE ROADS AND UNDERPASSES:...... 5 1.12 WAY SIDE AMENITIES / TOLL PLAZA / TRUCK PARKING, ETC.: ...... 5 1.13 MAGNITUDE OF IMPACTS...... 5 1.14 MINIMIZING IMPACTS...... 6 1.14.1 Mitigation through realignments/bypasses and Design Alteration...... 6 1.14.2 Design Cross- Sections...... 6 1.14.3 Mitigation through Design Cross Section...... 6 1.14.4 Road safety and Traffic Management measures ...... 7 1.15 MAGNITUDE OF IMPACTS CULTURAL PROPERTIES AND CPRS ...... 7 1.16 IMPACT OF THE PROJECT ...... 8 1.17 RIGHT OF WAY AND CORRIDOR OF IMPACT...... 8 2. METHODOLOGY FOR IMPACT ASSESSMENT ...... 10 2.1 SOCIAL IMPACT ASSESSMENT ...... 10 2.2 APPROACH TO RESETTLEMENT PLANNING...... 10 2.3 CENSUS SOCIOECONOMIC SURVEY...... 11 2.4 METHODOLOGY AND DATABASE...... 11 2.5 SOURCES OF DATA...... 11 3. SOCIOECONOMIC INFORMATION AND PROFILE...... 13 3.1 SOCIOECONOMIC PROFILE OF THE PROJECT AREA...... 13 3.2 SOCIOECONOMIC PROFILE OF DISPLACED POPULATION...... 13 3.3 VULNERABLE GROUPS...... 16 3.4 GENDER ISSUES...... 17 3.5 INDIGENOUS PEOPLE...... 17 4. SCOPE OF LAND ACQUISITION AND RESETTLEMENT...... 19 4.1 PROPOSED LAND ACQUISITION ...... 19 4.2 ESTIMATED TIME FOR LA ...... 20 4.3 MANAGING LAND ACQUISITION...... 20 4.4 STAFFING FOR LAND ACQUISITION WORK...... 20 4.5 NEGOTIATIONS COMMITTEE FOR LAND PRICE FIXATION AND DETERMINATION OF REPLACEMENT COST ...... 21 4.6 NEGOTIATION COMMITTEE ...... 21 4.7 METHOD OF PRICE FIXATION...... 21 4.8 FAILURE OF KHA AND APPELLATE COMMITTEE...... 22 4.9 VALUATION OF ASSETS...... 22 4.10 CUT-OFF DATE ...... 22 4.11 COMPENSATION PAYMENT PROCESS ...... 23 4.12 ADMINISTERING THE PAYMENT OF R & R ASSISTANCE ...... 23 5. STAKEHOLDERS CONSULTATION, PARTICIPATION AND DISCLOSURE ...... 24 5.1 CONSULTATION AND COMMUNITY PARTICIPATION...... 24

5.2 METHODOLOGY...... 24 5.3 KEY FINDINGS OF THE CONSULTATIONS ...... 24 5.4 LEVELS OF CONSULTATION ...... 27 5.5 CONSULTATIONS DURING IMPLEMENTATION...... 27 5.6 DISCLOSURE ...... 27 6. LEGAL FRAMEWORK ...... 29 6.1 THE NATIONAL POLICY ON RESETTLEMENT AND REHABILITATION FOR PROJECT AFFECTED HOUSEHOLDS, 2007 ...... 29 6.2 THE LAND ACQUISITION (LA) ACT OF 1894 ...... 30 6.3 ASIAN DEVELOPMENT BANK’S SAFEGUARD POLICY ...... 30 6.4 INDIGENOUS PEOPLES...... 32 6.5 KARNATAKA HIGHWAY ACT 1964 ...... 32 6.6 COMPARISON OF NATIONAL AND STATE POLICIES WITH ASIAN DEVELOPMENT BANK’S SPS (2009)...... 32 7. ENTITLEMENTS, ASSISTANCE AND BENEFITS ...... 34 7.1 KSHIP POLICY...... 34 7.2 IMPACTS AND ENTITLEMENTS...... 34 7.3 CORRIDOR OF IMPACT ...... 34 7.4 TARGETED SUPPORT TO VULNERABLE GROUPS ...... 35 7.5 OPTION AND CHOICES ...... 35 7.6 PRINCIPLES...... 35 7.7 DEFINITIONS...... 35 7.8 ENTITLEMENTS...... 37 7.9 ENTITLEMENT MATRIX ...... 41 8. CHAPTER 8 – RELOCATION OF HOUSING AND SETTLEMENTS...... 47 8.1 BASIC PROVISION FOR RELOCATION ...... 47 8.2 NEED FOR RELOCATION...... 47 8.3 RECONSTRUCTION OF AFFECTED COMMUNITY STRUCTURES ...... 47 9. CHAPTER 9 – INCOME RESTORATION AND REHABILITATION...... 48 9.1 INCOME RESTORATION MEASURES ...... 48 9.2 IMPACT CATEGORIES AND IR SCHEMES ...... 48 9.3 IR ACTIVITIES...... 48 10. RESETTLEMENT BUDGET AND FINANCING...... 50 10.1 BUDGET AND COSTS ...... 50 11. GRIEVANCE REDRESSAL MECHANISM...... 53 11.1 GRIEVANCE REDRESSAL COMMITTEE...... 53 FIGURE 11-1: GRIEVANCE REDRESSAL ...... 54 12. INSTITUTIONAL MECHANISMS...... 55 12.1 INSTITUTIONAL ARRANGEMENTS ...... 55 12.2 SOCIAL DEVELOPMENT AND RESETTLEMENT CELL (SDRC)...... 55 12.3 SDRC AND STAFF DEPLOYMENT ...... 55 12.4 PROTECTION OF ROW...... 58 12.5 VALUATION OF OTHER STRUCTURES/ASSETS ...... 58 12.6 ROLES AND RESPONSIBILITIES OF OFFICIALS FOR RP IMPLEMENTATION...... 58 12.7 COMPETENT AUTHORITY FOR VARIOUS APPROVAL ...... 62 12.8 IMPLEMENTATION SUPPORT BY NGOS...... 63 12.9 DATABASE MANAGEMENT ...... 64 13. IMPLEMENTATION SCHEDULE ...... 65 13.1 COORDINATION WITH CIVIL WORKS AND CERTIFICATION ...... 65 13.2 IMPLEMENTATION SCHEDULE AND TIMING OF RESETTLEMENT...... 65 13.3 CAPACITY BUILDING AND TRAINING ...... 67 14. MONITORING AND REPORTING ...... 68 14.1 MONITORING ...... 68 14.2 INTERNAL MONITORING ...... 68 14.3 EXTERNAL MONITORING...... 68 iii

15. TYPE OF GATE ...... 80 16. PART-III...... 87 17. FOR TENANTS ...... 88 18. EXTENT OF LOSS...... 92 18.1 COMMUNITY ASSET SCHEDULE...... 94 18.2 III. CONDITION OF SERVICES...... 108 3. Data, Services and Facilities to be provided by the Client...... 109 6. TEAM FOR THE ASSIGNMENT ...... 110

LIST OF TABLES Table 1-1: Summary Tables on Impacts ...... 5 Table 2-1: Distribution of DHs...... Table 3-1: Social Stratification ...... 14 Table 3-2: Religion...... 14 Table 3-3: Occupation Distribution...... 14 Table 3-4: Income Distribution ...... 14 Table 3-5: Age Classification ...... 15 Table 3-6: Literacy ...... 15 Table 3-7: Type of Structure ...... 16 Table 3-8: Affected Households by Gender...... 17 Table 4-1: Land Acquisition Details ...... 21 Table 5-1: Key Issues: T13 – Jagalur – NH 13 ...... 26 Table 5-2: Public Consultation and Disclosure Plan ...... 28 Table 6-1: Comparison of gaps in various Acts and Policies with ADB’s SPS ...... 33 Table 7-1: Entitlement Matrix ...... 41 168. Table 9-1: Categories for Income restoration ...... 48 Table 10-1: Budget ...... 50 Table 10-2: Unit Costs for R and R...... 51 Table 10-3: R & R Unit Costs...... 51 Table 12-1: Administrative and Financial Responsibilities of officials and Agencies for RP Implementation ...... 58 Table 12-2: Competent Authority for Approvals...... 62 Table 13-1: R & R Implementation Schedule...... 66 Table 13-2: In house Training programme...... 67 Table 14-1: Monitoring Indicators for Physical Progress ...... 69 Table 14-2: Financial Indicators for Progress ...... 70 Table 14-3: Monitoring Of GRC ...... 71

LIST OF FIGURES Figure 1-1: KSHIP Roads ...... 3

ANNEXURE

ANNEX 1: Typical Road Cross Section ANNEX 2: Details of Community Assets ANNEX 3: Census and Community Asset Survey Schedules ANNEX 4: Details of Land Acquisition ANNEX 5: Structure Details ANNEX 6: List of Participants For Meeting and Photographs ANNEX 7: NGO ToR ANNEX 8: Monitoring and Evaluation Consultants ToR

ACRONYMS

ADB Asian Development Bank AC Assistant Commissioner ADSW Assistant Director Social Welfare APL above poverty line BP Bank Policy BPL below poverty line CAO Chief Administrative Officer CPO Chief Project Officer CPR Common Property Resources COI Corridor of Impact DC Deputy Commissioner DH displaced household DP displaced persons DPR Detail Project Report EWS economically weaker section FGD focus group discussion GOI Government of India GOK Government of Karnataka GRC Grievance Redressal Cell HPCFRRI High Power Committee for Redressal of Regional Imbalances HDM Highway Design Module ID identity card IPP Indigenous People Plan IR income restoration ITI Industrial Training Institute KHA Karnataka Highways Act KSHIP Karnataka State Highways Improvement Project LAA Land Acquisition Act LAO Land Acquisition Officer LAP Land Acquisition Plan MRR Manager Rehabilitation andResettlement NH National Highway NGO Non-Government Organization NRRP National Resettlement and Rehabilitation Policy PSA poverty and social assessment PA project authority PIU Project Implementation Unit PGB Project Governing Body PHC Primary Health Center PWD Public Works Department PU Pre-University PGB Project Governing Body RTC Record of Rights R & R rehabilitation and resettlement RP resettlement plan ROW right of way SIA social impact assessment SDO Social Development Officer SDRC Social Development Resettlement Cell SWI Social Welfare Inspector SC Scheduled Caste SR Schedule of Rates ST Scheduled Tribes v

ToR terms of reference UR upgrading ZP Zilla Panchayat

EXECUTIVE SUMMARY E1. Project Description 1. The Public Works Department, Government of Karnataka is implementing Karnataka State Highways Improvement Project (KSHIP). Under this Project 615.03 km of State Highways roads have been identified for project assistance under Asian Development Bank. The 615.03 km of roads has been divided into nine packages. The aim of the project is to improve the performance of the State’s road transport network by improving road conditions and capacity, and to improve the State’s capacity to plan, develop and maintain the Karnataka roads network. This project is Package AEP 4 comprising of two links: T13 (Jagalur to NH13) is 9.25 km in Davangere district and T17 (About 5 km from SH19- KSHIP road) is 5.13 km in Chitradurga district. 2. The scope of work involves upgrading works of improving existing single-lane and intermediate lane roads to 12m roadway with standard two lane seven meter carriageway and alignment improvements to relevant IRC standards and other associated road and bridge works including improvement of major and minor bridges, culverts, road intersections, drains, road geometrics and road furniture 3. The proposed project can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the project will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace which in turn increases the income of the region, and ultimately elevating their standard of living. Although various positive project impacts and benefits are expected from the proposed project as mentioned above, there will be some negative impacts on the people living in the immediate project area. 4. The aim of this Resettlement Plan (RP) is to mitigate negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This Resettlement Plan has been prepared on the basis of census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement-2009. E2. Socioeconomic Information and Profile 5. The social stratification of the project area shows there is only one Scheduled Tribe Household and one Scheduled Caste Household in this package. The remaining are from the general category. Among religious groups, Hindus dominate with 100%. Distribution of displaced persons (DPs) by occupation reveals that agriculture accounts for 68.75%; Professionals account for 11.93%. The other sector, which supports a large section of displaced households (DHs), is represented by trade/commerce accounting for 12.50%. In spite of difficulties in getting reliable data on household income efforts were made to persuade the respondents to report as accurate data as possible. 52.63% of the population has income less than Rs.26,000. The ST household in the link has annual income in the bracket between Rs.40,000 to Rs. 75,000. 63.96% of the total DPs fall in the age group of 18-59. Since this happens to be the working age-group the mitigation measures as given in the entitlement matrix need to be carefully implemented with reference to 18-59 age groups. Sex ratio in the project area is 1,134 females for 1,000 males. Just literate population vii

accounts for 13.46% of the total population; while primary accounts for 11.54% of the total population; those with Middle school education account for 12.50% of the total population; those with education up to secondary level accounts for 25% of the total population. Graduates account for 20.19%. Based on the survey 50% of the structures are kutcha; 33.33% of the affected structures are pucca and 16.67 % is semi pucca. Among household assets 47.22% of the households have television; 13.89% own two/four wheelers; 13.89% having cooking gas; 13.89% have telephones and only 8.33% have refrigerators. 6. The vulnerable group includes persons such as disabled, widows, or persons above sixty years of age, who are not provided or cannot immediately be provided with alternative livelihood and who are not otherwise covered as part of a household. These persons are entitled to assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) Lumpsum amount of Rs. 25,000. There are some DPs that are in more than one vulnerable category. These DPs will be paid only once. There are two widows and 22 DPs over 60 years. There is one women-headed household identified. E3. Scope of Land Acquisition and Resettlement 7. Census and socioeconomic surveys were conducted for a corridor of impact (COI) between 16 m and 22 m keeping in view the design requirements. Land acquisition for the project is estimated at 1.30 acres of private land which needs to be acquired. No government land is getting affected. According to the census survey there are 36 DHs and 114 DPs. The project will impact 16 community structures. There is no impact on archaeological sites. All community structures will be relocated by the project authorities before demolition. According to the Census survey eight DHs are losing structure and 26 owners are losing agricultural land. There are no physically displaced (relocation, loss of residential land, or loss of shelter) households; economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) are 26 households and six persons working as employees. There are three households who are getting economically and physically displaced as they are losing their commercial structures. The summary project impacts are presented below. Table E-1: Summary of Project Impacts Impacts No. 1 Land Acquisition 1.30 acres 2 Total no. of owners losing land 26 households 3 Total no. of private structure affected 8 households 4 Total No. of CPRs 16 nos. 5 Total no. of DPs 111 persons 6 Total no of physically and economically displaced (those 3 households losing commercial structures totally) 7 Total no of economically displaced ( those whose incomes 26 households are affected but not physically displaced) 8 Total no. economically displaced persons ( employees) 6 persons 9 Total no. physically displaced ( those losing their 0 residential structures) Source: Census Survey, KSHIP Project, 2009-10

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E4. Stakeholders Consultation, Participation and Disclosure 8. Consultations with various stakeholders were carried out during various phases of project preparation. The stakeholders in the project are both primary and secondary. The primary stakeholders are project DPs and project implementation unit (PIU). Additionally, the concerned Deputy Commissioner and the revenue officials are also considered to be the primary stakeholders. Other stakeholders in the project include village heads, head of Gram Panchayat, village administrative officers, heads of households, women’s groups, farmers and all displaced persons. Project related information were disseminated to the stakeholders and based on the findings of consultation with DPs alignment was reviewed and suitably modified to minimize the resettlement impacts. 9. To keep transparency in planning and for further active involvement of stakeholders the project information will be disseminated through disclosure of resettlement planning documents. The PA will submit the RP to ADB for disclosure on ADB’s website. 10. The PA will provide relevant resettlement information, in a timely manner, in an accessible place in Kannada to affected persons and other stakeholders. A Resettlement and Land Acquisition information leaflet containing information on compensation, entitlement and resettlement management adopted for the project will be made available in Kannada and distributed to DPs. E5. Legal Framework 11. The GOK will adopt a Resettlement and Rehabilitation (R & R) Policy for KSHIP to address the adverse impacts arising out of this project in the line with the National Resettlement and Rehabilitation Policy, 2007. The policy adopted for the project is consistent with the Asian Development Banks Safeguard Policy Statement. This RP is prepared in accordance with the stipulations and guidelines provided in Public Works Departmental Code Government of Karnataka, and the project specific Resettlement and Rehabilitation: Principles and Policy Framework for the Karnataka State Highways Improvement Project, The National Resettlement and Resettlement Policy 2007 and The Asian Development Banks Safeguard Policy Statement SPS -2009. In addition to the above measures, realizing the need of infrastructure development like roads in timely manner, the PWD GOK has decided to acquire the land through the legislation called The Karnataka Highways Act 1964 (KHA,1964). The KHA, 1964 provides the opportunity to acquire the land through consent award. It is expected that land acquisition under this Act will help the DPs to receive the market price/replacement cost of land as compensation. The GOK has already initiated the process of establishing the Negotiation Committee. The role of the committee will be to negotiate the price of land with the beneficiary. The guidance value of the land will be considered for negotiation. Minimum negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Kolar, Ramnagaram, Mysore, Davangere, Belgaum and Dakshin Kannada will be one and half times the Guidance Value. For all the other districts other than those mentioned the minimum price will be twice the guidance value. E6. Entitlements, Assistance and Benefits 12. The Project Entitlement Policy addresses the direct and indirect impacts of project construction and operation on displaced persons, households and communities. The most direct and immediate impacts are those associated with project construction, mainly land ix

acquisition. Other losses include loss of shelter, and other assets within the project’s COI, as well as roadside structure, business establishments and public facilities. Mitigation is provided through compensation and assistance to project-displaced persons, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework adopted by the project. All assistance will be provided as one time grant. The policy provides mitigation for: • loss of assets, including land and house or work place; • loss of livelihood or income opportunities; and • Collective impacts on groups, such as loss of community assets, common property resources, and others. 13. Compensation eligibility is limited by a cut-off date. The cut off date for non- title- holders, is the date of the start of the census survey on a particular link. The cut-off date for link T13 is 10 July 2009 and for T17 is 12 July 2009. The Project Entitlement Matrix (Table E-2) identifies and lists various types of losses resulting out of the project and specific compensation and resettlement packages for each category.

Table E-2 Entitlement Matrix

No. Impact Entitlements Remarks Category I. Title Holders (a) Loss of land 1. Compensation as per the • Stamp duty and registration principle of replacement cost charges are applicable for through direct negotiation as those who accept negotiation provided for in the Karnataka price. State Highway Act, 1964 + stamp duty and registration • Minimum negotiated price for charges; the Districts of Bangalore Urban, Bangalore Rural, 2. Compensation offered is cash for land; Chikkaballapur, Ramnagaram, and Corporation/Municipal limits of other district HQs will be 1.5 times the Guidance Value. For all other areas

other than those mentioned

above the minimum negotiated price will be 2 times the Guidance Value.1

No. Impact Entitlements Remarks Category OR average sales statistics, which ever is higher.2

3. In case of severance of land an additional 25% compensation will be paid to the land loser if he retains the remaining plot OR if the remaining land is not viable and the land owner opts to surrender the entire plot to the project, compensation as given in No. 1 will be applicable;

4. Loss of perennial crops and non-perennial crops will be compensated in accordance with Horticulture department valuation process, which is the replacement cost;

5. A grant of Rs. 15,000 for replacement of Cattle shed;

6. Water yielding bores will be replaced in the location identified by the affected person in the remaining land holding subject to availability of water. In case water is not available replacement cost of the borewell at current PWD SR rates without depreciation charges and 30% solatium at replacement cost will be given; • Marginal farmer is defined as 7. In case of land owners who those left with 1 hectare of become landless or marginal non-irrigated or 0.50 hectare farmers, the following of irrigation or combination of additional entitlements will be both offered: (a) subsistence allowance of Rs. 30,000 for land less and marginal; and,

2 The average Sales Statistics is in line with LA Amendment Bill. In the LA Amendment Bill there are different modalities in determining and assessing the market value, any one among them would be adopted wherein the land loser gets the maximum market value.

3 As per the NRRP-2007 the acquiring body has to provide rehabilitation grant equivalent to 750 days minimum agricultural wages. At present the minimum agricultural wages is Rs. 100/day. The NGO will ascertain the actual needs of the displaced persons and assist in creating assets.

4 Bagar Hukum lands are government lands which are unauthorisedly cultivated by persons without legal documents. Applications for regularization that are pending before the regularization committee.

No. Impact Entitlements Remarks Category (b) assistance for creating Income generation asset valued up to Rs.75,000;3 • Narrow stretch of land is defined as persons losing an 8. Additional amount of Rs. area that is up to 5 guntas of 20,000 will be restricted to land. those who lose narrow stretch of land as exgratia compensation in lieu of all other benefits; • The NGO engaged for the RP implementation will 9. For those becoming landless ensure linkages of the and all marginal farmers trained persons to ongoing training assistance will be programs, to facilitate provided for income generating employment and marketing vocational training and skills opportunities. upgrade options as per the displaced persons' choice;

10. Employment opportunity for affected the displaced persons as per his/her skills and the availability of suitable work in road construction work; • Any Government land which is unauthorizedly occupied 11. In case of Bagar hukum lands4 by a person and such person - 50% of compensation and has applied for regularization other benefits as available for of the same under the land owners which is Karnataka Land Revenue equivalent to replacement Rules under 108 C(1) is value for this category. called Bagar Hukum land. Under Rule 108C section 94A, of the Karnataka Land Revenue Act,1966, the Tahsildar is the custodian of the records and he will issue the certification whether the application is pending before the Committee or not. Tahsildar is the Secretary of the Committee for regularization of unauthorized occupation of government land. (b) Loss of 1. Compensation at current PWD • In case more than 25% of a Residential scheduled rates without house is affected and structures depreciation and 30% solatium unviable for retaining, full at replacement cost. compensation will be paid 2. Alternative houses in • Resettlement colonies will be resettlement colony or developed if more than 20 developed plot and households are displaced in construction cost of Rs. 40,000 2 km continuous stretch linked to construction progress • Plot size will be equivalent to 3. Additional 25% of current PWD size lost subject to a SR rates without depreciation + maximum of 369 sq 30% solatium for the affected m/1200sq ft in rural area and portion as compensation for 184 sq. m /600 sq. ft in urban partially affected structures areas.

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No. Impact Entitlements Remarks Category towards reconstruction • Displaced persons have a 4. Shifting assistance of Rs. right to salvage the affected 10,000 materials. 5. Subsistence allowance of Rs. 30,000

(c) Loss of 1. Compensation at current PWD • Shopping units with 100-150 commercial scheduled rates without sq ft will be constructed if structures depreciation and 30% solatium more than 20 shops are at replacement cost. affected in a continuous 2. Alternative shop or assistance stretch of 2 km and the for income generation asset owners opt for a shop valuated up to Rs. 75,000 • Displaced persons have a 3. Additional 25% compensation right to salvage the affected for partially affected structures materials 4. Shifting assistance of Rs. • Training for self-employment 10,000 will be provided to one adult 5. Subsistence allowance of Rs. per household as needed 30,000

(d) Loss of 1. Compensation at current PWD • In case more than 25% of residential scheduled rates without house is affected and cum depreciation and 30% solatium unviable for retaining, full commercial at replacement cost. compensation will be paid structures 2. Alternative shop or assistance • Resettlement colonies will be for income generation asset developed if more than 20 valuated up to Rs. 75,000 households are displaced in 3. Additional 25% compensation 2-km continuous stretch for partially affected structures • Plot size will be equivalent to 4. Shifting assistance of Rs. size lost subject to a 10,000 maximum of 369 sq 5. Subsistence allowance of Rs. m/1200sq ft in rural area and 30,000 184 sq m /600 sq ft in urban 6. Additional amount of Rs. areas. 25,000 as grant • Shopping units with 100-150 sq ft will be constructed if more than 20 shops are affected in a continuous stretch of 2 km and the owners opt for a shop. • Displaced persons have a right to salvage the affected materials • Training for self-employment will be provided to one adult per household as needed II. Tenants (a) Residential 1. Rental allowance for 6 months @ Rs. 500 per month in rural and Rs. 1,000 in urban areas 2. Shifting assistance of Rs. 10,000 xiii

No. Impact Entitlements Remarks Category (b) Commercial 1. Rental allowance for 6 months @ Rs. 1,000 per month in rural and Rs. 1,500 in urban areas 2. Shifting assistance of Rs. 10,000 3. Assistance for income generation assistance up to Rs. 75,000 (c) Loss of 1. Rental allowance for 6 months residential @ Rs. 1,000 per month in rural cum and Rs. 1,500 in urban areas commercial 2. Shifting assistance of Rs. structures 10,000 3. Assistance for income generation assistance up to Rs. 75,000 III. Non-Title holders (a) Residential 1. House in resettlement colony • House plot size in Squatters or developed plot and resettlement colony to be construction cost of Rs. 40,000 minimum of 25 sq m/270 sq linked to construction progress. ft. Resettlement colony will 2. Subsistence allowance of be constructed if more than Rs.15,000. 20 residential squatters are 3. Shifting allowance of Rs.5,000. getting affected in a continuous stretch of 2 km and opted for same. As per NRRP 2007. • Developed plot size will be allotted of 25 sq m/ 270 sq ft in urban areas and 33 sq m /350 sq ft in rural areas as per NRRP 2007.

(b) Commercial 1. Alternative shop of 100 sq. ft. • Shopping units will be Squatters or assistance for income constructed if more than 20 generation asset valuated up shops are affected in a to Rs. 30,000; continuous stretch of 2 km 2. Subsistence allowance of and opted for shop. Rs.15,000; 3. Shifting allowance of Rs.5,000. (c) Encroachers 1. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation 2. Compensation of crop loss or advance notice for harvesting crops IV. Loss of livelihood (a) Loss of 1. Subsistence allowance of Rs. • Training for self-employment primary 15,000. will be provided to one adult source of 2. Training assistance will be per household as needed income provided for income generating vocational training and skills upgrade options as per the displaced persons' choice; 3. Employment opportunity for the displaced persons as per his/her

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No. Impact Entitlements Remarks Category skills and availability of suitable work in the road construction. V. Vulnerable People (a) Widows 1. Assistance to include in • This will be restricted to Physically government pension schemes if those who have no or cannot challenged not included , if eligible as per be provided with alterative and those Government criteria (OR) livelihood sources. aged above 2. Lumpsum amount of Rs. 25,000 • Training for those above 60 60 years 3.Training assistance will be years is not mandatory and provided for income generating will be provided for if the vocational training and skills person opts for it and after upgrade options as per the the need is assessed. displaced persons' choice

VI. Community Assets (a) Community 1. Reconstruction of affected Assets assets 2. Transfer to Local authorities for maintenance VII. Unidentified Impacts (a) Unidentified 1. Unforeseen impacts shall be Impacts documented and mitigated based on the principles provided in this policy

Note: All amounts in this entitlement matrix are fixed as of April 01, 2010. These will increased 10% annually on first day of April every year. The same will hold good for guidance value also if not revised by the GoK.

E7. Relocation of Housing and Settlements 14. There are no houses getting affected in this package. Only 3 commercial structures are getting affected. E8. Income Restoration and Rehabilitation 15. The DPs losing their livelihoods includes titleholders losing land, DPs having commercial structures and employees of the affected structures. In the case of economically displaced persons, the PA will compensate for the loss of income or livelihood sources. The PA will also provide assistance such as, training, and employment opportunities so that they can improve, or at least restore, their income-earning capacity, production levels, and standards of living to pre-displacement levels. There are 26 DHs losing partial land who will be provided with short term income restoration measure. For those losing commercial structure alternative shop will be provided by the PA, on land identified by the PIU in consultation with the DPs. 16. The entitlement proposed for the project has adequate provisions for restoration of livelihood of the affected communities. The focus of restoration of livelihoods is to ensure that the DPs are able to at least regain their previous living standards. To restore and enhance the economic conditions of the DPs, certain income generation and income restoration programs are incorporated in the RP. To begin with providing employment to the local people during the construction phase will enable them to benefit from the project and keep more of the resources spent on the project in the local economy. It will also give the xv

local communities a greater stake and sense of ownership in the project. The implementing NGO will carry out need assessment and micro plan with training or linking to ongoing income generation training programs and assist in rehabilitation of DPs E9. Resettlement Budget and Financing Plan 17. The costs used for the budget estimates are based on information collected during the census socioeconomic surveys of DPs. The estimated total budget for the implementation of RP is Rs. 5.07 million. The resettlement cost estimate for this project includes eligible compensation and resettlement assistance. It does not include Operating Costs, NGO and Monitoring Consultant Costs as these costs are for the overall project (this has been estimated Rs. 20 million for the total project). The unit cost for land and other assets in this budget has been derived through consultation with SDRC/PIU. Contingency provisions have also been made to take into account variations from this estimate. A summary R & R cost is given in Table E-3.

Table E-3 R & R Budget Item (in Rs) 1 Compensation for land 1,300,000 2 Alternative site cost 80,000 3 Compensation for private structure 1,586,615 4 R & R Assistance 1,645,900 5 Contingency (10%) 461,251.5 6 Total 5,073,766.5

E10. Grievance Redress Mechanisms 18. The project will establish a grievance redressal process, with district-level committees. Each District Grievance Redressal Committee will have representation from the local affected population and the NGOs involved in RP implementation. These committees will hear complaints and facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce unnecessary litigation. The Deputy Commissioner will be the Chairman of the Grievance Redressal Committee; an Academician (To be selected by DC) will be Member; (iii) A representative of DP (To be selected by DC) will be Member and (iv)Executive Engineer of the concerned Division will be Convener . The GRC will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRCs will continue to function, for the benefit of the displaced persons, during the entire life of the project including the defects liability periods. 19. The Grievance Committees will meet regularly during implementation of the RP, at least once a month. The committees will suggest corrective measures at the field level itself and fix responsibilities for implementation of its decisions. However the NGOs will form the first level of intervention in resolving DP related grievances and attempt to motivate the DP to facilitate implementation of the R & R program. The option of contacting the project authorities is available to DPs at any time. The Deputy Commissioner will be the Appellate

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Authority. At the first level intervention the NGO will attempt to resolve the grievance; Next the CAO will attempt to address land related grievance and the ADSW will address the non- land related grievances; the next option will be to approach the Grievance Redressal Committee; followed by the Regional Commissioner who is the Appellate Authority; If all the above fails, the DPs can approach the court. It is the responsibility of the SDRC/NGO to inform the affected persons of the GRC, to make it effective. Taking grievances to Judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the level of GRC. E11. Institutional Arrangements 20. KSHIP has a dedicated unit called the Social Development and Resettlement Cell (SDRC) within the Project Implementation Unit for the implementation of the RP. All aspects of resettlement and rehabilitation and the delivery of entitlements are managed by the SDRC. The SDRC facilitates land acquisition and compensation, relocation and resettlement, distribution of assistance for the DPs. The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. The RP will be implemented by the North Karnataka (Hospet) division of PIU; Staffing is complete for the proposed institutional set up. The key SDRC officials are: 21. Special DC Land Acquisition - Special Deputy Commissioner will be the in charge of the overall land acquisition. He will be assisted by two Assistant Commissioners for Land Acquisition who is responsible for all activities related to land acquisition. One Assistant Commissioner will be stationed in the zonal office of North Karnataka (Hospet) and the other one would be stationed at PIU Office (South Zonal Office) in Bangalore. 22. Chief Administrative Officer –The CAO will be responsible for all resettlement and rehabilitation activities. The CAO will also be assisted by The Assistant Director Social Welfare (ADSW) who will be responsible for R & R work. On the land acquisition side CAO and the Assistant Commissioners will be responsible for fixing the negotiated price of the land along with the affected persons according to the Karnataka Highways Act, 1964, and disbursing the compensation. 23. The Assistant Director Social Welfare is responsible for shifting of project affected persons, coordination of disbursement of assistance such as shifting allowance etc., disbursement of funds for income generating programmes, relief assistance, etc. 24. The Resettlement and Rehabilitation Manager will assist the ADSW and coordinate all the rehabilitation work of the Social Development Officers (SDOs). 25. The ADSW and the Resettlement and Rehabilitation Manager will be assisted by the SDO.The SDOs will be assisted by the Social Welfare Inspectors (SWI). The SWIs are supporting staff to SDOs to carry out the functions as per the directions of SDOs. 26. The SDRC will have a Data Management Specialist. The responsibility of this person will be to monitor and update the data of all the project affected persons; to highlight any discrepancy in compensation and paid disbursed; and coordinate the inputs of information from the North and South Divisions to the Central database at PIU at Bangalore. The PIU has already appointed the Consultants for database management. Information is ready to be transferred to the PIU for use in implementation. xvii

27. Involuntary resettlement is a sensitive issue and strong experience in R & R matters along with community related skills will be required by the PIU in order to build a good rapport with the affected community and facilitate satisfactory R & R of the DPs. To overcome this deficiency, two experienced and well-qualified NGO in this field will be engaged to assist the PIUs in the implementation of the RP. The NGO would play the role of a facilitator and will work as a link between the PIU and the affected community. NGO will assist DPs in income restoration by preparing micro plan and guiding to access into various ongoing government development schemes and agencies providing financial assistance and loan. Taking into account the significant role of the NGO in RP implementation, it is important to select NGO that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Plan. E12. Implementation Schedule 28. Implementation of RP mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The civil works contract for each project will only be awarded after all compensation and relocation has been completed for project and rehabilitation measures are in place. The RP preparation and implementation schedule is presented below.

Table E-4: R & R Implementation Schedule

Activity Progress (Year/Quarter) 2009 2010 2011 Q4 Q1 | Q2 | Q3 | Q4 Q1 | Q2 | Q3 | Q4 Project Preparation Stage Screen project impact ------Public Consultation on alignment ------Prepare Land Acquisition Plan ------Carry out Census Survey ------Prepare Resettlement Plan (RP) ------RP Implementation Stage Hiring of NGOs for RP Implementation ------Obtaining approval of RP from ADB ------Disclosure of RP ------Public consultation ------Preparation LAP ------Declaration of cut-off date (KHA Notification) ------Payment of compensation ------Taking possession of acquired land ------Handing over the acquired land to contractor ------Rehabilitation of DPs ------Monitoring and Reporting Period Internal monitoring and reporting ------External monitoring and reporting ------

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E13. Monitoring and Reporting 29. Monitoring involves periodic checking to ascertain whether activities are going according to the plan. It provides the feedback necessary for project management to keep the programmes on schedule. Monitoring provides both working system for project managers and a channel for the resettles to make known their needs and their reactions to resettlement execution. Monitoring exercise will be undertaken both internally and externally. 30. While SDRC/PIU on monthly basis will carry out the project’s internal monitoring and external agency will be appointed for third party monitoring. Monitoring is essentially an exercise in strategic learning that can and should be used for enhancing the quality of RP implementation. There are two types of monitoring being undertaken namely (a) internal, which is normally carried out by the project authority itself and (b) external or independent monitoring by an external agency. 31. The internal monitoring is a conventional monitoring of government related to physical factors such as, number of households affected, resettled, assistance extended infrastructure facilities provided, etc. and other financial aspects, such as compensation paid, grant extended, etc. the internal monitoring must be simultaneous with the implementation of the Rehabilitation Plan (RP).The objectives of the internal monitoring are: (i) Daily Operations Planning; (ii) Management and Implementation and (iii) Operational Trouble shooting and Feedback. The periodicity of internal monitoring could be daily or weekly depending on the issues and level. 32. An external monitoring agency will be appointed to monitor R & R programmes on semi- annual basis. It should also bring the difficulties faced by the DPs to the notice of PIU so as to help in formulating corrective measures. As a feedback to the PIU and other concerned, the external agency should submit semi-annual reports on progress made relating to different aspect of R and R. The agency will also certify the completion of LA and R & R activities for issuing bid documents and award from LA and R & R point of view. 1

1. PROJECT DESCRIPTION

1.1 Background 1. This package has been selected, for upgrade with a seven meter carriage way. Upgrading will have direct/indirect impact on the population along the project corridor. Common property resources, residential structures, commercial structures are likely to be affected. Non-titleholders within the ROW are likely to be displaced. This RP includes the baseline socioeconomic survey characteristics of the displaced persons, the R & R Policy provisions and entitlements and outcome of the consultation held with displaced persons and communities. 2. This package comprises of two links: T13 (Jagalur to NH13) is 9.25 km in Davangere district and T17 (about 5 km from SH 19-KSHIP road) is 5.13 km in Chitradurga district. T-13 covers one taluk, Jagalur; and T-17 cover one taluk, Molkalmuru. According to the categorization of taluks given in the High Power Committee for Redressal of Regional Imbalances Report of 2002, this link covers (i) two more backward taluks.1.The location Map of the Project is given in Map 1.

1.2 Objectives 3. This Resettlement Plan (RP) is project specific, which outlines the extent of impacts due to road improvements on communities and the mitigation of the potential impacts. It details necessary implementation procedures for resettlement and rehabilitation. This RP is prepared in accordance with the stipulations and guide-lines provided in Public Works Departmental Code Government of Karnataka,2, and the project specific Resettlement and Rehabilitation: Principles and Policy Framework for the Karnataka State Highways Improvement Project, The National Resettlement and Resettlement Policy (2007) and The Asian Development Banks Safeguard Policy Statement (2009). Within this given background the objective of RP is: a. To Identify adverse impacts and determine how they could be overcome or substantially mitigated with the implementation of Karnataka State Highways Improvement Project;

1 The HPCFRRI report classified taluks in four categories on the basis of the Composite Development Index namely: i) Most backward taluka; ii) More backward taluka; iii) Backward Taluka; and iv) Relatively Developed Taluk A total of 35 relevant indicators covering 5 sectors viz., agriculture and allied; industry, trade and finance; infrastructure (economic); infrastructure (social) and population characteristics were considered for analysis in the report. This indicator was used to compute a Comprehensive Composite Development Index (CCDI) for each taluk. The Committee also attempted a study of imbalances from the deprivation end in respect of six important basic minimum needs to gain a qualitative understanding of the problem. Those six basic minimum needs are:1. Income deprivation - Percentage of households (rural) below poverty line.2.Unsafe deliveries - Percentage of deliveries not attended by trained health personnel. 3. Unsafe Drinking water - Percentage of habitations not fully covered by safe drinking water facility.4. Malnourished Children below age group 5 - Percentage of moderately and severely malnourished children. 5. Children out of school in the age group of 6-14 years- Percentage of children out of school in the age group of 6-14 years. 6. Gender Gaps in literacy- Literacy rate (Male-female)

2 PWD Departmental Code is in the process of being finalized.

b. To present the entitlements for the affected persons for payment of compensation and assistance for establishing the livelihoods. c. To present an action plan for the delivery of compensation and assistance in accordance with the policy adopted for the project. d. To prepare an action plan for the project affected people for improving or at least retaining the living standards in the post resettlement period.

Figure 1-1: KSHIP Roads

1.3 Physical Characteristics of the project area 4. This link passes through the Central Karnataka Plateau. The Central Karnataka Plateau covers the districts of Bellary, Chikkamagalur, Chitradurga, Davanagere, Dharwad, Gadag, Haveri, Raichur, Koppal and Shimoga. The region represents the transitional surface between the Northern Karnataka Plateau with relatively higher surface. By and large, this region represents the area of Tungabhadra basin. The general elevation varies between 450 and 700 meters. However, this transitional ground is broken by several sets of parallel ridges mainly made up of Dharwar system of rocks. The height of such residual hills is about 900 meters above mean sea level. The general slope of this region is towards the east. The major crops growing in these places are Sunflower, Paddy, Maize, Groundnut, Cotton, Flowers, Wheat, Ragi, Bajra, Chillies, Coconut and Arecanut.

1.4 Project Components 5. As the existing ROW is not uniform the additional requirement varies for a minimum of 12 m up to 30 m COI. Key activities for road improvement involves (i) widening/strengthening of the road up to two-lane divided carriageway configuration, (ii) improving road geometry, (iii) laying of embankment, (iv) rehabilitation and construction of new bridges and other cross drainage structures, (v) construction of side drains, (vi) construction of railway over bridges ROBs, (vii) junctions/intersections improvement, (viii) provision of service roads, underpasses and way side amenities, etc. The project activities are described below.

1.5 Road Configuration: 6. Link T13 is designed at four million standard axle (msa) and 11 msa for Bitiminous and Granular respectively. Rural Cross Section with Paved Shoulders is proposed for 0.13 km, Rural Cross Section with Earthern Shoulders for 8.85 km and Urban Cross Section 1 for 0.27 km length. 7. Link T17 is designed at three msa and nine msa for Bitiminous and Granular respectively. Rural Cross Section with Paved Shoulder is proposed for 4.55 km, Rural Cross Section with Earthern Shoulders for 0.25 km and Urban Cross Section 1 for 0.33 km length.

1.6 Realignment / Bypasses: 8. Link T13: There are no major realignments / bypasses proposed. 9. Link T17: There are no major realignments / bypasses proposed.

1.7 Bridges and other Cross Drainage structures: 10. Link T13: One minor bridge and six culverts are proposed for reconstruction. 11. Link T17: 10 culverts are proposed for reconstruction.

1.8 Road Side Drainage: 12. Link T13: Unlined drain is proposed in rural section and both covered / uncovered drains are provided in Town and village sections. 5

13. Link T17: Unlined drain is proposed in rural section and both covered / uncovered drains are provided in Town and village sections.

1.9 ROBs 14. Link T13: There are no ROB’s proposed. 15. Link T17: There are no ROB’s proposed.

1.10 Junctions / Intersection improvements: 16. Link T13: There are two major and six minor junctions proposed for improvement. 17. Link T17: There are three major and five minor junctions under improvement.

1.11 Service roads and underpasses: 18. Link T13: There are no service roads and underpasses proposed. 19. Link T17: There are no service roads and underpasses proposed.

1.12 Way side amenities / Toll plaza / Truck parking, etc.: 20. Link T13: There are two bus bays proposed. 21. Link T17: No additional proposals in this link.

1.13 Magnitude of impacts 22. The project will impact 111 DPs and 36 DHs. The total private land acquisition for the project is 1.30 acres. Table 1-1: Summary Tables on Impacts Land Land Displaced Community Displaced Link List of villages Acquisition- Transfer – househol Assets Persons Private(Ac) Govt ( Ac) ds (Nos) T13 Baramasamudra, 1.30 0.00 34 101 12 Donihalli, Jagalure, Kamagethanahalli, Uddagatta T17 Molkalmur 0.00 0.00 2 10 4 TOTAL 1.30 0.00 36 111 16

Table 1-2: Categories of DHs and losses Sl. Extent of Loss Titleholders Tenant Squatter Encroacher No. 1 Losing Total House 0 0 0 0 2 Losing Total Com. Struc. 1 0 2 0 3 Losing Total House and Com. Struc. 0 0 0 0 4 Tenants Losing Total Livelihood 0 1 0 0 5 Losing Total Land 0 0 0 0 6 Losing only Part of House 1 0 0 0 7 Losing Part of Com. Struc. 0 0 0 0 Losing Part of House and Com. 8 0 0 0 0 Struc. 9 Patrial Plot 0 0 1 0

10 Total Boundary Wall 1 0 0 0 11 Partial Boundary Wall 0 0 0 0 12 Cattleshed 0 0 0 0 13 Losing Partial Land 26 0 0 0 14 Others 3 0 0 0 Total 32 1 3 0

1.14 Minimizing impacts 23. The following design alterations have been proposed to minimize the impacts of the Project.

1.14.1 Mitigation through realignments/bypasses and Design Alteration 24. There is minimal impact on this link, design considerations have further helped to minimize impacts.

1.14.2 Design Cross- Sections 25. There are 11 types of typical road cross sections proposed for upgrading roads. Distinct design approaches have been followed to minimize negative impacts on the people. The Typical road cross section for upgrading roads is given in Annex 1. The cross sections adopted for this package are: (i) UR 1 A Rural Cross section: This has a 7.0 mts paved carriage way, with 1.5 mts paved shoulder and 1.0 mts unpaved shoulder on either side. (ii) UR 1 B Rural Cross section: This has a 7.0 mts paved carriage way, with 2.5 mts unpaved shoulder on either side. (iii) UR 2 Rural Cross section (through village): This has a 7.0 mts paved carriage way, with minimum 2.5 mts to a maximum of 4.5 mts paved shoulder and 1.0 mts uncovered drains on each side. (iv) UR 7 Rural Cross section in Cutting: This has a 7.0 mts paved carriage way, with 1.5 mts paved shoulder and 1.0 mts paver block shoulder on each side, beyond which there is 0.8mt concrete drain and 0.5 mts benching.

1.14.3 Mitigation through Design Cross Section 26. The changes that have been considered in the project through good designs to mitigate social impacts include: - Avoiding unnecessary displacement by modifying project alignments, reducing the width of the corridor of impact, or modifying design based on rural and urban cross sections. - Minimal impact on residential and commercial structures thus minimising resettlement and loss of livelihood. - Paved shoulders to be maintained as far as possible to facilitate movement of non-motorised traffic. - Reducing design speed in built up areas; - Reducing impacts on existing shrines and worship places; 7

- Providing suitable safety measures, such as speed reductions near schools and hospitals; - Minimising the raising of roads in urban areas to prevent water seepage to the houses adjoining the roads and ; - Providing access to businesses and residential units that would be otherwise impacted by construction; and minimising losses of public and private property, such as tube wells, tree plantations and other common property resources within the ROW, by minimising the width to be cleared.

1.14.4 Road safety and Traffic Management measures 27. During the consultations safety of the roadside communities has been found to be a major concern. A number of measures have been proposed to reduce the risk of traffic accidents Traffic safety measures included: Conducting “Road safety Audits” has become a key responsibility as part of the Highway Designs. Various road safety appurtenances, which should be adopted as a part of improving the safety in the road design, are adopted in the project road designs. 28. Road Furniture details include: Road markings; cautionary, mandatory and informatory signs; KM stones and 200m stones; delineators and object markers; guard posts and crash barriers; road humps and rumble strips; reflective pavement markers (RPM) and Chevron signs and median and footpath barriers. In addition bus bays, parking bays, truck lay byes with rest areas and detailed improvements to major and minor intersections on the project road coupled with identification of black spots are being dealt with.

1.15 Magnitude of Impacts Cultural properties and CPRs 29. There are no sites of archaeological importance or sacred groves within the COI for this link. The project authorities would relocate cultural properties in alternative site such as places of worship which are getting totally affected. The identification of alternative site will be done by the NGO/ support agency in consultation with the local user population of that particular cultural property. The alternative site for construction will be provided by the GOK. In case government land is not available, the project authorities will have to buy land to replace the cultural property. If the cultural properties are partially affected the project authorities will compensate only the affected portion. 30. The project will impact 16 community structures. There are: five temples, one aralikatte, three bus shelters, three hand pumps etc. There are some structures which are getting partially affected. The details of affected community structure are given in Annex 2. 31. All community assets getting affected need to be relocated before commencement of civil works. The broad timetable for relocation of community assets is given in the Implementation Schedule. The relocation of the community assets needs to be undertaken concurrently in all the contract packages. The project authority will be responsible for the construction of the affected community assets. The relocated community assets would be handed over to the local community/trust for maintenance. 32. All hand pumps getting affected will be located depending on availability and depth of water table. Water points, public taps and wells getting affected will also be similarly relocated. All affected aralikattes, will be built by the project authorities, and in sites identified

8 by the project-affected groups and the coordinating NGO/support agency for implementation. The project authorities will relocate all the bus shelters getting affected by widening of the road. The location of the bus shelter were decided on the basis of the frequency of usage arrived through the consultative process of the users and design requirements.

1.16 Impact of the project 33. The proposed project can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the project will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace which in turn increases the income of the locals, and ultimately elevating their standard of living. The outcome of the project will include: (i) The project will serve villages with better access and enhanced mobility. Improved backward taluk connectivity will facilitate travel to taluk head quarters and other local government/development agencies. In places where the connectivity is poor the project will provide better access to amenities such as health, education, town/market and improved social networking. (ii) The project will improve the accessibility of the population along the project corridor to education, health, employment, trading opportunities and in the long run help towards poverty alleviation. (iii) The project will help to increase new economic and employment opportunities by providing improved linkages to markets, production centers and other areas of economic opportunities. Better and quicker transportation would help the rural population to transport their produce faster and get more profit margins instead of depending solely on local ‘markets’ and middlemen. (iv) Women will benefit, as their mobility will be facilitated both in terms of access to social services, as well as access to higher levels of schooling. Women’s access to higher levels of health care outside the village will also improve considerably. (v) Targeted assistance will be provided to vulnerable groups including below poverty line households, women-headed households, and handicapped persons, through the Resettlement Policy. 34. The likely adverse impacts of the project are: (i) Potential adverse impacts associated with the project is (i) land acquisition; and (ii) loss of livelihood and overall the proposed project will bring in economic and social changes, which in turn would bring economic prosperity and would lead to poverty alleviation.

1.17 Right of Way and Corridor of Impact 35. The Right of Way is the lawfully acquired corridor of public land owned by the State Government and administered by the PWD for the transit of the existing road. Using available records with the PWD and the Revenue Department, the social team verified the boundaries of private properties within and in the vicinity of likely corridor of impact. The preparation of the Land Acquisition Plan is being facilitated through the verification of land records, updated records for the ownership of land. 9

36. For this project, preparation of RP associated with displacement is limited to the corridor of impact. The corridor of impact is the width required for the actual construction of the road, including carriageway, shoulder, embankments and longitudinal drainage. Within this corridor there should be no structures or hindrances. The objective of social input to project design is to ensure that the corridor of impact is reduced, within acceptable design principles and standards, to minimize displacement and other project impacts. Those affected between the Corridor of Impact and Right of Way during the lifetime of the project will be assisted in line with this project Entitlement Policy, if they are required to be affected for any additional work required for this project.

2. METHODOLOGY FOR IMPACT ASSESSMENT

2.1 Social Impact Assessment 37. Poverty and Social Assessment (PSA) was carried out for the project road. The PSA study looked into the likely impacts of road improvement on the communities, and the likely mitigation aspects of the impacts. It also looked into the impact of the project especially on the backward taluks through which the project road passes, and how the road project is likely to affect the impacted population. The study was based on extensive public consultations and stakeholders view. 38. The negative social impact identified by community members was the potential for loss of land to project interventions. However, according to a majority of stakeholders consulted, the benefits of the project outweigh impacts from minor losses of land. There was broad consensus in all these communities that dry land acquired by the project would not be a problem, people were reluctant to part with irrigated or garden lands. To overcome any resistance it was informed that according to the entitlement policy land losers will be given market value of land after negotiation under the KHA.1964. Recommendations for impact mitigation and enhancement entitlements were given by the stakeholders. The suggestions as feasible have been incorporated into the design.

2.2 Approach to Resettlement Planning 39. During the census survey it was seen that road widening and improvement will have some impact on residences, businesses, shrines, places of worship, agricultural land, community assets. Most of the infrastructure work planned for the project as far as possible will take place within the established ROW. In most cases, the land required for the project is immediately adjacent to the current carriageway. The additional land required by the project falls under several classifications: (i)Public land owned by the State Government and administered by other Departments such as Revenue; (ii) Public land owned by villages or other local governments; and (iii) Private land. 40. The RP is prepared to ensure that: a. The displaced persons are: (i) informed about their options and rights pertaining to resettlement; (ii) consulted on, offered choices among, and provided with technically and economically feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project; b. Displaced persons are: (i) provided assistance (such as shifting allowance, transition allowance, economic rehabilitation grant etc.) during relocation; and (ii) provided with residential housing, or housing sites, or, as required compensated for agricultural sites; c. To ensure that displaced persons are : i) offered support after displacement, for a transition period, to restore their livelihood and standards of living; (ii) provide with development assistance in addition to compensation measures, such as credit facilities, training, or job opportunities; and (iii) at least improving or retaining the living standards in the post resettlement period. 11

2.3 Census Socioeconomic Survey 41. As a part of the project a census survey of displaced households/persons (DHs and DPs) was carried out. The findings of the census survey provided the magnitude of social impacts on the DHs and DPs. In this section the survey outcomes are analysed. The census information helped to generate necessary data/input for the preparation of this Resettlement Plan. The Census Survey Schedule is given in Annex 3. The surveys provide a baseline measurement of potential impacts on displaced households/persons that form the eligibility criteria for entitlement as given in the R & R Policy of KSHIP. The objectives of the census verification were: (i) Provide information regarding project impacts in order to facilitate designing of various components of the RP, especially R & R entitlement; (ii) Minimize the influx of outsiders to the affected area; (iii) Identification of DPs by effect categories; and (iv) Enumeration of DPs assets and land holdings. 42. The project will impact the following persons: Table 2-1: Distribution of DHs Link Titleholder Tenant Squatter Encroacher T13 31 1 2 0 T17 1 0 1 0 TOTAL 32 1 3 0

Source: Census Socioeconomic Survey 2009-2010.

2.4 Methodology and Database 43. Census covers 100 % of the potentially affected population within the likely COI. It provides a demographic overview of the population served by the RP and profiles household assets and main sources of livelihood. During census survey, legal boundaries of affected properties were verified. The census registered all household members and individuals within the potential COI their assets and income, and demographic and social information to determine whether project affected persons were to be categorized as vulnerable groups with special entitlements under the project. Private land owners, tenants, squatters and encroachers within the COI were covered. Structures, trees and other assets were also recorded. 44. Data was collected at the following levels (i) Household level interviews with each affected household were undertaken. Each of the households surveyed and the structure/agricultural land likely to be affected by the project has been numbered, documented and photographed; (ii) Village level public consultations were conducted. 45. A database has been created for the census information. The information has been stored and analysed using Visual Basic and MS Access. This program is easily convertible to Oracle platform. The superimposition of the survey data on the final engineering designs will provide the actual number of DPs. Only these DPs within the final COI will be considered eligible for support under the project.

2.5 Sources of Data 46. Data was collected was collected from the following secondary sources: (i) Revenue records at local/village level - with regard to land particulars for acquisition of properties; (ii) Census records for demographic information; (iii) PWD for ROW/COI, estimates of the cost

12 of infrastructure development etc.; (iii) Development agencies to get information on various developmental programs for specific sections of population like landless, marginal and small farmers etc. tribal, SCs, etc.; and (iv) local organisations including NGOs in order to involve them and integrate their activities in the economic development programs of the displaced population. 13

3. SOCIOECONOMIC INFORMATION AND PROFILE

3.1 Socioeconomic profile of the project Area 47. T-17 is a small and single link, covering only one village and one Taluk headquater- Molakalmuru. This town accounts for 98% of the total population of the link. The female population accounts for 48.5% of the total population of the link. The Schedule Caste population is 19.76% of the total population. The Scheduled tribe population is 35.62% of the total population. The predominant Schedule Tribe group is the Naiks, however, this group has been integrated into the mainstream economy; and in this corridor they are concentrated in the town, which is a trading center. The literacy level in this corridor is low. The overall literacy level is 44.18%. The female literacy rate is only 33%. This link is in Chitradurga district, which has an overall literacy level of 64.88%. The work force participation rate is 44.69%. The total female work force rate is 36.51%. This link has dry agricultural cropping. Crops grown in this corridor include mango, coconut and vegetables. Accessibility to amenities is poor in this corridor. However, Hanagal village, which is within 5 km to Molkalmuru town, has access to all the identified amenities in Molakalmuru town. 48. T-13 is again a small link. The female population accounts for 48.01% of the total population of the corridor. In this link Jagalur town accounts for 80.79% of the corridor population. The Schedule Caste population is 17.38% of the total population. The Scheduled tribe population is 10.58% of the total population. The female scheduled Tribe population to the total female population is the same. The Schedule Tribe population in Davangere district is 11.71% of the total district population. The overall literacy level is 71.26%. The female literacy rate is 63.07%. This corridor is in Davangere district, which has an overall literacy level of 67.67%. The work force participation rate is 40.59%. The total female work force rate is at 26.36%. The link passes through dry area. Irrigated area accounts for only 6.00% of the total. Un-irrigated area accounts for 71.31% of the total area. This link is passing through five villages. Only one village has access to middle school within 5 km. In terms of health facilities none of the villages have access to maternity and child welfare center within five km; and only one village has access to primary health center within five km radius. The nearest town in this corridor is Jagalur.

3.2 Socioeconomic Profile of Displaced Population 49. The key socioeconomic characteristics of the displaced population are discussed below. 50. Social Stratification: There is only one Scheduled Tribe Household and one Scheduled Caste Household in this package. The remaining are from the general category.

Table 3-1: Social Stratification Link SC ST General Total No. No. % No. % No. % No. T13 0 0.00 0 0.00 19 100.00 19 T17 1 50.00 1 50.00 0 0.00 2 Total 1 4.76 1 4.76 19 90.48 21 51. Religious Group: Among religious groups, Hindus dominate with 100%. Table 3-2: Religion Link Hindu Muslim Christian Jain Total No. No. % No. % No. % No. % No. T13 19 100.00 0 0.00 0 0.00 0 0.00 19 T17 2 100.00 0 0.00 0 0.00 0 0.00 2 Total 21 100.00 0 0.00 0 0.00 0 0.00 21 52. Occupation: Distribution of DPs by occupation reveals that agriculture accounts for 68.75%; professionals accounting for 11.93%. The other sector, which supports a large section of DHs, is represented by trade/commerce accounting for 12.50%. Table 3-3: Occupation Distribution Allied Link Agriculture HH Agriculture % % Agri. % Service % % No. Labour Industries Activities T13 21 70.00 0 0.00 0 0.00 2 6.67 0 0.00 T17 1 50.00 0 0.00 0 0.00 0 0.00 0 0.00 Total 22 68.75 0 0.00 0 0.00 2 6.25 0 0.00

Link Commerce/ Skilled % Professional % % Artisans % Others % Total No. Trade Labour

T13 3 10.00 2 6.67 0 0.00 0 0.00 2 6.67 30 T17 1 50.00 0 0.00 0 0.00 0 0.00 0 0.00 2 Total 4 12.50 2 6.25 0 0.00 0 0.00 2 6.25 32 53. Income level: In spite of difficulties in getting reliable data on household income efforts were made to persuade the respondents to report as accurate data as possible. 54.05% of the general population has income less than Rs.26,000. The ST household in the link has annual income in the bracket between Rs.40,000 to Rs. 75,000. The income information has been segregated for ST, SC and general category. Table 3-4: Income Distribution Schedule Caste

Link 5000 - 11501 - 16001 - 26001 - 40001 - 75001 - Above Total No. % % % % % % % 11500 16000 26000 40000 75000 100000 100000 SC

T13 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 T17 0 0.00 0 0.00 0 0.00 0 0.00 1 100.00 0 0.00 0 0.00 1 Total 0 0.00 0 0.00 0 0.00 0 0.00 1 100.00 0 0.00 0 0.00 1

Schedule Tribe Link 5000 - 11501 - 16001 - 26001 - 40001 - 75001 - Above Tot_ No. % % % % % % % 11500 16000 26000 40000 75000 100000 100000 ST

T13 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 T17 0 0.00 0 0.00 0 0.00 0 0.00 1 100.00 0 0.00 0 0.00 1 Total 0 0.00 0 0.00 0 0.00 0 0.00 1 100.00 0 0 0 0 1

General

Link 16001 26001 40001 5000 - 11501 - 75001 - Above Tot No. % % - % - % - % % % 11500 16000 100000 100000 _O 26000 40000 75000

T13 2 7.69 1 3.85 6 23.08 6 23.08 5 19.23 3 11.54 3 11.54 26 T17 11 22.92 9 18.75 11 22.92 9 18.75 3 6.25 1 2.08 4 8.33 48 Total 13 17.57 10 13.51 17 22.97 15 20.27 8 10.81 4 5.41 7 9.46 74

54. Age Classification: 63.96% of the total DPs fall in the age group of 18–59. Since this happens to be the working age-group the mitigation measures as given in the entitlement matrix need to be carefully implemented with reference to 18-59 age groups. Table 3-5: Age Classification Link Below 18 18-60 Above 60 Total No. No. % No. % No. % No. T13 16 15.84 63 62.38 22 21.78 101 T17 2 20.00 8 80.00 0 0.00 10 Total 18 16.22 71 63.96 22 19.82 111

55. Sex Ratio: Sex ratio in the project population is 1,000 males to 1,134 females. This is in favor of the female population. 56. Literacy: Just literate population accounts for 13.46% of the total population; while primary accounts for 11.54% of the total population; those with Middle school education account for 12.50% of the total population; those with education up to secondary level accounts for 25% of the total population. The detail education table with gender wise break up is given below. Graduates account for 20.19%. Table 3-6: Literacy Illiterate Just Literate Primary Middle To Link No. Tot Tot_ M % F % M % F % M % F % t_ M % F % Tot_M _Ill JL P T13 0 0 0 0 0 4 36.36 7 63.64 11 9 75.00 3 25 12 5 41.67 7 58.33 12 T17 0 0 0 0 0 1 33.33 2 66.67 3 0 0 0 0 0 0 0.00 1 100.00 1 Total 0 0 0 0 0 5 35.71 9 64.29 14 9 75.00 3 25 12 5 38.46 8 61.54 13

Secondary Intermediate Graduate Post Graduate T Tot To ot Tot_ Link No. M % F % M % F % _I M % F % t_ M % F % _ PG M G S T13 6 24 19 76.00 25 10 58.82 7 41.18 17 12 60.00 8 40.00 20 0 0 0 0 0 T17 0 0 1 100.00 1 1 100.00 0 0.00 1 1 100.00 0 0.00 1 0 0 0 0 0 Total 6 30 20 76.92 26 11 61.11 7 38.89 18 13 61.90 8 38.10 21 0 0 0 0 0

Link ITI/Diploma Engineer/Doctor Others Total No. M % F % Tot_I/D M % F % Tot_E/D M % F % Tot_O M % F % Tot T13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 46 47.42 51 52.58 97 T17 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 42.86 4 57.14 7 Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 49 47.12 55 52.88 104 57. Structure Type: Almost 50% of the structures are kutcha; 33.33% of the affected structures are pucca and 16.67% is semi pucca. Table 3-7: Type of Structure Residential Link Semi No. Pucca % % Kutcha % Tot_Residential % Pucca

T13 1 100.00 0 0.00 0 0.00 1 50.00 T17 1 100.00 0 0.00 0 0.00 1 100.00 Total 2 100.00 0 0.00 0 0.00 2 66.67

Commercial Link Semi No. Pucca % % Kutcha % Tot_Commercial % Pucca T13 0 0.00 1 33.33 2 66.67 3 100 T17 0 0.00 0 0.00 1 100.00 1 100 Total 0 0.00 1 25.00 3 75.00 4 100

58. Loss of Commercial structures: The following commercial structures are getting affected one tea stall and two pan/cigarette shops. 59. Access to utilities: There is only structure that is partially getting affected. This structure has access to utilities such as electricity connection and piped water supply. 60. Household Assets: Among household assets 47.22% of the households have television; 13.89% own two/four wheelers; 13.89% having cooking gas; 13.89 % have telephones and only 8.33% have refrigerators.

3.3 Vulnerable Groups 61. Those falling within this category include persons such as disabled, widows, or persons above sixty years of age, who are not provided or cannot immediately be provided with alternative livelihood and who are not otherwise covered as part of a household. These persons are entitled to Assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) lumpsum amount of Rs. 25,000. There are some DPs that are in more than one vulnerable category. These DPs will be paid only once. There are two widows and 22 DPs over 60 years. Households by Gender are given below. 17

Table 3-8: Affected Households by Gender Link Male Female Total Category No. No. % No. % No. Head of HH 18 94.74 1 5.26 19 T13 DPs 96 95.05 5 4.95 101 Head of HH 2 100.00 0 0.00 2 T17 DPs 10 100.00 0 0.00 10

3.4 Gender Issues 62. There is only one women-headed household. The proposed upgrading of roads under KSHIP is expected to open up new economic opportunities for women to upgrade their skills and also better accessibility to educational and health facilities. The improved road was perceived to help reduce travel time, as an immediate benefit. Women as a segregated class are not involved in any economic activity, which demands attention for their special needs. However, in the village level consultations the women said improved roads were a danger especially in the built up area. Increased speed of traffic makes it difficult for women and children to cross the roads. It also leads to increased accidents as children in villages areas tend to play near the roads. In some links the improved road will lead to the movement of heavy vehicles carrying ore and goods; this was not welcome in the village limits. To ensure that women are secure in receiving payments all benefits will be provided in joint account where the woman will be the first beneficiary accounts. Where ever title is provided it should be provided with joint title with women as the first beneficiary.

3.5 Indigenous People 63. In Karnataka, Schedule Tribes (ST) account for 6.55% (3.46 million) of the total State population. Bellary district has the highest concentration of STs in Karnataka. There are 50 major tribes with 109 sub-tribes in the State (as of March 2005), according to the notified Schedule under Article 342 of the Constitution of India. In Karnataka there are four Districts which fall under the Integrated Tribal Development Project. These are Mysore, Kodagu, Dakshin Kannada and Chikmagalur. Integrated Tribal Development Projects (ITDPs) are contiguous large areas of the size of one or more Development Block in which the ST population is 50% or more of the total population. Primitive Tribal Groups are found in Chamarajnagar District. The Government of Karnataka has identified (i) Jenu Kuruba; and (ii) Koraga tribes as primitive groups (PTGs). Primitive Tribal Groups (PTGs) are identified isolated communities among the STs characterized by a low rate of population, a pre- agricultural level of technology and extremely low levels of literacy. 64. Jenu Kuruba tribes are originally from Mysore, Chamarajanagar and Kodagu districts and Koraba tribes are from Udupi and Dakshin Kannada districts. In Chamarajanagar district, only Kollegala Taluk has PTG areas. PTGs constitute the most vulnerable among the all notified tribes. 65. None of the ITDP districts or the PTG district falls within this project road. The Director of Tribal Welfare GoK, has indicated through a letter No: DSTW: TSP:OSCR 12/2010-11 dated 26 April 2010, that no village in the State of Karnataka has been designated as tribal village; and that the project roads are not passing through any ITDP areas. Tribal are living in the villages along the project roads along with other communities.

Based on the information provided by the Tribal Department and the Census surveys IPP will not be required 66. There is only one Scheduled Tribe household getting affected in this package. During the consultations held there were no specific issues raised by tribal persons/groups. According to the detailed socio economic survey carried out for the poverty and social assessment and the census survey carried out for the preparation of the RPs, the ST identified in the package do not exhibit any of the following characteristics (i) self- identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. This clearly suggests why the need for IPP is not there for this project. Besides the STs are predominantly maintaining the similar standards of living which is comparable to the other sections of the community. 19

4. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

4.1 Proposed Land Acquisition 67. Land acquisition will be done under the Karnataka Highways Act (KHA), 1964. Under KHA land acquisition will be entrusted to a designated “Highway Authority” with delegated powers, so that the entire acquisition proceedings will be carried out under centralized agency, i.e., Highway Authority, with dedicated officials for the purpose of land acquisition, instead of involving many officials of the revenue department. Acquisition under consent award as given under Section 27 of KHA, 1964 will be applicable. This will help in arriving at a mutually agreed rate of compensation with the land owners, which will eliminate resentment from the land owners regarding rate of compensation thus reduce the scope for approaching the civil courts for higher compensation. Section 27 read with Section 26 provides payment of compensation to individuals who are losing land. No other section in the Act deals with payment of compensation determined by way of agreement. Under the KHA in this project the Negotiation Committee after negotiation with the land losers in clusters arrive at a price agreeable to the land losers. Once the price is agreed for individual survey numbers accordingly an agreement will be executed with the land losers. Subsequently the land will be taken possession of. In this process no award is passed. Generally this process is termed consent award. 68. The summary and main features on comparison between LAA and KHA are: • Time taken under ideal situation for land acquisition under KHA,1964 is 63 weeks as against 94 weeks for LA Act 1894; • The Project Director is designated as “Highway Authority” and in charge of LA. However, the land acquisition under LA Act, 1894 needs to pass through a set of departmental procedure and officials who are often busy with their primary departmental duties. • The proposal of land acquisitions under LAA 1894 needs to pass through six offices i.e. the acquiring body, the Tahlisdar, the Assistant Commissioner, the Deputy Commissioner (DC), the survey department and finally the Government which is not only time consuming but also a tedious process. It is also relevant to mention here that even for small clarifications the file has to go through all these offices which cause unavoidable delay in file processing. Under KHA, 1964 the Project will have dedicated officers designated solely for this task, as a result of which the LA process will be faster and better streamlined. The land acquisition under KHA, 1964 would involve two agencies namely the “Highway Authority” and “Government”. 69. The process of Land Acquisition under KHA, 1964 is as follows: a. On the recommendations of the “Highway Authority”, the “State Government” will issue a notification for acquisition of the required land, which will be published in the Gazette (Section 15). b. After publication of notification Under Section 15 of KHA, 1964, the Highway Authority will cause the land to be measured (Section 16).

c. Under Section 17 of KHA, 1964, public notice will be issued to all the interested persons to file their claim for compensation within 15 days from the date of receipt of notice. d. At any time after the publication of notification under section 15(on receiving report from the Highway Authority), the State Govt. may direct that the lands specified in the notification shall be taken possession of, from such date as may be specified in the direction. From such date, the said land vest absolutely in the State Govt. free from all encumbrances (Section 19). This process would take place only after completion of awards in every case. e. Consequent to notification under section 15 and after obtaining documents from the land losers the “Highway Authority” will proceed to pass award on consent basis if there is consensus for a mutually agreed rate for consent award (section 27). f. In default of consensus the Highway Authority will proceed to fix the compensation on general award basis (Section 28). g. There is also provision for making reference against the award of the Highway Authority before the court of law (Section35).

4.2 Estimated time for LA 70. From the issue of Section 15 the time taken to complete the land acquisition process is 6 months. Anticipated time to be taken for each stage of acquisition proceedings under KHA 1964 is as follows: • Section 15: After issue of section 15 notification, 45 days is given for filing claims. • Section 17: public notice and notice to individual land losers to file his claims within a specific date mentioned therein the notice. • Framing of award: Framing of award under section 27, 28 and taking possession of land -12 weeks. • Section 19: From section 15 notification to issue of direction under section 19 for taking possession of the land – 24 weeks.

4.3 Managing Land Acquisition 71. The GOK has designated the Project Director (PD) as Highway Authority under Section 6 of KHA, as per GO Order No.PWD 49 EAP 2008 dated 2 December 2008. 72. The Special DC Land Acquisition (DC LA) and the Project Director are the award approving authority. Special DC LA can approve award up to Rs.50 lakhs. Above Rs.50 lakhs and up to Rs.1 crore the authority rests with the Project Director.

4.4 Staffing for Land Acquisition Work 73. The Special DC LA will be in charge of Land Acquisition. To execute the LA work efficiently the GoK has issued orders for the appointment of supporting staff for LA. 74. The Special DC LA will be assisted by two Assistant Commissioners. 21

4.5 Negotiations Committee for Land Price Fixation and determination of Replacement Cost 75. Under the KHA, 1964 the negotiation of compensation is the most important task. The determination of replacement cost is the foundation for the purpose of compensation by agreement or consent award. Replacement Cost of land for consent award will be determined through negotiations between the land losers and the Negotiation Committee. The price of land has generally been seen more than the market value derived adopting the procedure land down in the LA Act 1894. Since land acquisition proceedings are quasi judicial proceedings offering a minimum price before the award can be passed will not be a fair act for the proceedings. The composition of the committee is given below.

4.6 Negotiation Committee • Assistant Commissioner of the concerned Sub Division Chairman • Assistant Commissioner of KSHIP Secretary • Jurisdictional Executive Engineer Member • Zilla Panchayat Member of the concerned jurisdiction Member 76. The Guidance Value as per the Department of Stamps and Registration for the different categories of land, for the villages along the project road will be obtained from concerned District Registrars. This guidance value will be referred to by the Negotiation Committee. 77. The Zilla Panchayat member of the area is the member of the Committee. Proceedings of the Committee are documented by the AC (LA) of PIU KSHIP who is the member secretary. The public representative, that is the Zilla Panchayat, member on the Committee will be considered as an independent external party for the negotiation and settlement purpose. If needed proceedings can be videographed. 78. At this stage it is not possible to identify the exact owner of the land getting affected. This will be known after Section 19 Notification under KHA is complete. The details of land acquisition are given in Annex 4. Table 4-1: Land Acquisition Details Private land Govt Land Total Land Link Details (Acres) (Acres) (Acres) T13 Jagalur – NH -13 1 .30 0.00 1.30 T17 5 kms from SH 19 0.00 0.00 0.00 TOTAL 1.30 0.00 1.30

4.7 Method of Price fixation a. The concerned Land Acquisition officer who is the member secretary of the Negotiation Committee will call for a meeting. b. Dates for price negotiation will be given village wise. Negotiation will be conducted village wise calling all the land losers together for negotiation. This is to ensure transparency.

c. The PIU will provide information on the guidance value of the land to land losers before negotiations. d. For the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Kolar, Ramnagaram, Mysore, Davangere, Belgaum and Dakshin Kannada the minimum negotiation price will be one and half times the Guidance Value. For all the other districts other than those mentioned the minimum price will be twice the guidance value. e. The Negotiation Committee will negotiate the price with the landlord; f. Based on the decision of the Negotiation Committee the Special Land Acquisition Officer will give the compensation. g. Compensation will be given within 30 days of taking possession and receiving all the necessary documents3 by the Special LA officer. In case of delay a 9% interest will be given to the beneficiary up to a period of one year after which it will be increased to15% thereafter. (This is as per the provisions of the LA Act). h. On approval of the award by the Special DC or PD, the Special Land Acquisition Officers will make the payments accordingly. i. Possession of Land will be taken vide Section 19, which will be only after the payment of compensation.

4.8 Failure of KHA and Appellate Committee 79. In the event the land lord does not agree with the rate negotiated by the Negotiation Committee the award will be passed in the traditional general LA method and the amount will be deposited with the court. The provisions of the Amendment Bill will be followed as necessary.

4.9 Valuation of Assets 80. The valuation of structures and other assets will be carried out by Government approved valuators appointed by the PIU. Valuation will be done on the basis of current PWD Schedule of Rates, without depreciation which is at replacement cost. Based on the valuation another 30% will be given. Trees will be valued by the Horticulture/Forest department.

4.10 Cut-Off Date 81. The cut off date for those who have legal title is the date of Notification under Section 15 of Karnataka Highway Act 1964. The date of census is the cut-off date for those who do not have legal standing for eligibility of assistance under the project. People moving into the COI after this cut-off date will not be entitled to support. It is the responsibility of the PWD to ensure that the COI is maintained free of squatters and encroachers. 82. It is recognized that there will be a margin of error in the census, and any person who was not enumerated but can show documentation or evidence that he/she is rightfully an entitled person will also be included. The Project Implementation Unit is responsible for such

3 Documents to be furnished include Phani (RTC), Mutation Extract, Vamsha Ruksha (Geneological Tree) and if the interest of land holder is subject to a court decree, a certified copy of such a decree. 23 verification. A cut-off date slip was issued to the non titled people surveyed. The cut-off date for non- title-holders, is the date of the start of the census survey on a particular link. The cut-off date for link T13 is 10.07.2009 and for T17 is 12.07.2009. The details of displaced persons whose structure/assets are getting as on the cut-off date is given in Annex 5. Estimation of land requirement and Preparation of Land Acquisition Plans 83. The Land Acquisition Plan (LAP) for the link road is under preparation. Coordination with revenue department is in progress. 84. The preparation process of LAP includes: a. From the Land Record office Village map, tippany, hissa tippany, akar band is collected; b. RTC records is collected from the Taluk Office; c. Based on the above documents and spot inspection sketches for LA are made; d. Calculation of land acquisition requirement in a particular survey number is arrived based on the Akarband; e. Field verification of RoW is done from PWD notifications; f. Identify and Stakeout on ground of the areas beyond RoW where private land needs to be acquired as per approved proposed alignment designs; g. Measurement of land proposed to be acquired to be done along with the Revenue Department. This is done in coordination with Project Consultants, PIU staff and revenue officials; h. After field verification land particulars are transferred to each survey sketch; and i. The LA plans have to be finally signed by the Surveyor, Supervisor, Tahsildar and; KSHIP AE, KSHIP AEE and Project Consultants.

4.11 Compensation Payment Process 85. The compensation payment process includes: a. Compensation to be finalized by the Negotiation Committee with the consent of DP. b. The award will be approved by the Special DC LA or Project Director depending on the award amount. c. Cheque payment will be done. The SDRC will assist beneficiaries to open a Bank account in case they do not have Bank Account. d. Consent will be written form.

4.12 Administering the payment of R & R Assistance a. All Entitlements to be provided will be verified against losses incurred by the NGO; b. Information will be updated in the database; c. Bank accounts are to be opened for all beneficiaries; d. The CAO will authorize payment of R & R assistance; e. All payments will be made through cheque, directly to the beneficiary; and f. DPs who are in more than one vulnerable category will be paid only once.

5. STAKEHOLDERS CONSULTATION, PARTICIPATION AND DISCLOSURE

5.1 Consultation and Community Participation 86. Public consultations were held in Donihalli in T-13 and Soolenahalli in T17, focusing on areas of impact due to widening, at places congestion with impacts on buildings and where major common property resources are getting affected- such as any religious structures etc. The outcome of the consultations were used for analysis of alternatives and minimising negative impact of the project.

5.2 Methodology 87. The methodology followed for public consultations was: a. Group meetings and one to one consultations were held with the displaced persons. b. Informing all the likely affected persons regarding the meeting including DPs and at village level. Panchayat leaders, gram sabha members, officers from PWD sub divisions and any local NGOs were also informed about the meetings. c. The minutes of the meetings have been recorded, list of participants for each of the meeting along with the signature have been obtained and the photographs of consultations have also been taken. The list of participants and photographs has been provided in Annex 6. 88. During the consultation the people were informed about: (i) KSHIP, including a background on KSHIP Phase A project; (ii)The rural and urban design cross sections of the roads; (iii) The people were informed about KSHIP Resettlement policy and the compensation and assistance provided therein and asked suggestion for improvement so that their suggestions can be incorporated by the project authority for KSHIP; (iv) Proposed safety measures for the road; and (v)The likely impacts of the road, both positive and negative. The Consultations elicited from the people: (i) Their views on the project especially the likely adverse impacts; (ii) Possible mitigation measures in case of adverse impacts; (iii)Means of better delivery of compensation and assistance;(iv)The assurance from the project authority not to marginalize people by depriving them from their livelihood; and (v) Provision of infrastructure such as drinking water and toilets. 89. As a part of the public empowerment through public consultations the stakeholders have written to the Project authority regarding their views on the impact of the project, and the anticipated adverse impacts. These issues have been addressed and responses have been provided. 90. As meaningful consultations in the project is a regular and continuous process, more in-depth consultations will be organized by the implementation NGOs throughout the project cycle.

5.3 Key Findings of the Consultations 91. The consultations have helped in not only achieving the social assessment objectives, but also assisted in gathering suggestions for mitigation of adverse impacts, 25 improvement in designs and facilitating inputs for the resettlement plan preparation and implementation. The consultations for the links were held at Donihalli – T13 and Soolenahalli -T17 on 11.07.2010, there were 55 participants. 92. The issues discussed and the outcomes are given below.

Table 5-1: Key Issues: T13 – Jagalur – NH 13 Sl. Name of Sex Profession Issued Discussed Response No. Stakeholder 1 M N Borappa M Ex- Gram Compensation of affected It was explained that the Panchayti properties should be project had a policy and member according to the demand compensation would be of the people – the people paid according to the will not accept policy. The the policy compensation value as provided for decided by the Project compensation at market Authorities. rates. On reduction of He also asked if it possible width of road – it was to reduce the width of the explained that where ever road it is technically feasible it Asked that those losing will be done. shops will be affected by It was explained that loss of business thus more those losing shops will be compensation should be assisted by the project to paid. re-establish their livelihood. 2 H M Farmer Asked for the project It was explained only Hanumanthai outside the village as a lot where impact was large ah of people lose their bypass as an alternative houses, shops. Asked for was looked into. bypass as it helps the public 3 Kotra M Business Wanted to know what It was explained that Basappa compensation will be paid those without legal title for those losing their shops will be assisted by the in govt. land. project to re-establish Wanted to know what their livelihood. compensation was there It was explained that the for tenants. project Entitlement Policy addressed the issue of tenants and assistance He asked for will be paid to tenants compensation for the land according to the project acquired and assistance Policy. also the land which he It was explained that land would buy. compensation will be paid according to negotiation. However for nay land that the person purchases the stamps and registration duty will be waived. 5 Basavarajapp M Ex Chairman Asked whether It was explained that a GP compensation was related compensation was not to BPL card. He said a lot based on the BPL card, of poor did not have BPL but on the type/category card. Asked for proper of loss. compensation for the poor It was confirmed that people. notices will be issued to Wanted to know whether all losing property. notices will be issued to all losing property. 8 Jagadish M Farmer Mentioned that BPL card Those with houses/shops holders construct big on govt land will be houses in govt. land – and treated as squatters wanted to know what kind according to the Policy. of valuation will be done Any assistance to them for such structures. will be according to the Project Policy. 10 Kotreshaiah M Service Mentioned that he did not It was explained that that have any property records. during Section 15 His house is on private Notification if the person property. He wanted to had any objection to 27

Sl. Name of Sex Profession Issued Discussed Response No. Stakeholder know what compensation acquisition he should will be paid. raise it with the Sp DC LA KSHIP. 93. There are only two DHs in Link T17 (Molakalmur – SH 19). No residential or commercial structures are affected. Majority of the village people did not participate in the consultation meeting. There were only two persons who agreed to sign the attendance sheet.

5.4 Levels of Consultation 94. The consultation program is tiered and conducted at several levels that included, among others: (i) Heads of households/members likely to be impacted ;(ii) Villagers and Village Panchayats; (iii) and Implementing Agency and line Departments.

5.5 Consultations during implementation 95. Several additional DP consultations will be conducted during RP implementation. As a follow-up of the local-level DP consultations held during project preparation, further consultations will be conducted by the NGO during implementation. In the first round of consultations information on RP and Entitlement policy and options will be disseminated. This will involve explaining the Entitlement Framework and resettlement options to the DPs and soliciting their support and co-operation. This will help finalize agreement on the various entitlements provided in the entitlement framework. Next round of consultation involves agreements on compensation and assistance options and entitlements with DPs and completion of DP identity card indicating the accepted entitlement package. The next round of DP consultations will occur when compensation and assistance are provided and actual resettlement begins and the NGO has to facilitate relocation.

5.6 Disclosure 96. In order to make the RP implementation process transparent, a series of FGDs/ meetings etc will be held with all stakeholders for dissemination of information regarding rehabilitation process and entitlement framework. The RP and entitlements will be disclosed in public meeting. The salient features of RP and the R & R policy will be translated in Kannada and disclosed through public consultations to be held in taluka head quarter of each districts through which the particular link pass through. It will also be disclosed through the PWD, Government of Karnataka website. In addition brochure of the Land Acquisition and the R & R Policy will also be provided. All copies will be kept in: (i) State Government Library at Bangalore; (ii) District libraries of the Project; and (iii) in the Panchayat offices along the project roads. The RP document will also be disclosed on ADBs website as per the disclosure requirements. 97. A Public Consultation and Disclosure Plan will be prepared by PIU/NGO for each of the project roads as per the format below:

Table 5-2: Public Consultation and Disclosure Plan Timing Agencies Activity Task (Date/ Remarks

Period) Stakeholder Mapping of the identification project area Project information Distribution of dissemination information leaflets to dispalced persons (DPs) Consultative Discuss potential meetings with APs impacts of the during scoping project phase Public Notification Publish list of affected lands/sites in a local newspaper; establish eligibility cut-off date Socio-economic Collect socioeconomic survey information on DP’s perception on the project Consultative Discuss meetings on entitlements, resettlement compensation mitigation rates, grievance measures redress mechanisms Publicize the Distribute leaflets resettlement plan or booklets in local (RP) language

Full disclosure of Distribute RP in the RP to APs local language to DPs Internet disclosure of RP posted on ADB the RP and/or EA website

Consultative Face to face meetings during meetings with DPs detailed measurement survey(DMS) Disclosure after Disclose updated DMS RP to DPs

Internet disclosure of Updated RP the updated RP posted on ADB and/or EA website If during project implementation PIU KSHIP or implementation NGO come across any case where affected persons have not been timely paid during previous land acquisition (for the same road) such cases will be dealt on the case to case basis and PIU KSHIP will facilitate the acquiring body to make payment to the affected persons through GRC and this will be documented. 29

6. LEGAL FRAMEWORK 98. This chapter provides an overview of the applicable policy and Acts for the Project.

6.1 The National Policy on Resettlement and Rehabilitation for Project Affected Households, 2007 99. Till recent time, in India, there were no safeguard policy to deal with resettlement and rehabilitation of displaced persons. There was no uniform approach adopted by states towards the displaced persons. In the absence of central policies, ad hoc administrative instructions, in conformity with the land acquisition act was in practice. In 2007 the GOI developed a National social safe guard policy. This was developed taking into the consideration the safeguard policies of international development bodies like the World Bank, Asian Development Bank etc. The National Policy on Resettlement and Rehabilitation for Project Affected Households, 2007 (NRRP) came into effect in October 2007. The salient feature and the statements of the NRRP policy are as followings: (i) SIA shall be mandatory for all projects involving displacement of four hundred or more households en masses in plain areas, or two hundred or more households en masses in tribal or hilly areas etc. Coordination with EIA in the context of the public hearing done in the project affected area for EIA shall also cover issues related to SIA; (ii) Consultations with affected people and disclosure of relevant information to them at various stages of resettlement planning; (iii) Affected people without legal rights also need to be assisted (affected people categorized landless agricultural workers, forest dwellers, tenants and artisans who are critically dependent on the acquired assets for their subsistence/ livelihoods); (iv) Prepare resettlement plans that are disclosed to the affected people in draft form, and reviewed and approved by competent authorities; (v) Collection of socioeconomic base line for project affected households; (vi) Project displaced persons (whose entire land is taken) will receive land in lieu of his loss. In addition to their loss cash assistance will be paid for regaining livelihood; (vii) Vulnerable project affected people will get extra cash/kind assistance; (viii) Purchase of land from any project affected persons would be through consent award (negotiation of rate between land owner and project authority); (ix) The Grievance Redressal Cell shall have representatives of women, Schedule Castes Schedule tribes residing in the affected zone. The Cell shall have the power to consider and dispose of all complaints relating to resettlement and rehabilitation against the decision of the Administrator/ R & RCommittee at Project level; (x) A monitoring cell should be constituted under the project; and (xi) Each project affected household comprising of rural artisan/small trader and self employed person shall get one-time financial assistance for construction of working shed/shop for livelihood support.

6.2 The Land Acquisition (LA) Act of 1894 100. The Land Acquisition (LA) Act of 1984 is commonly used for acquisition of land for any public purpose. It is used at the State level with State amendments made to suit local requirements. Expropriation of and compensation for land, houses and other immovable assets are carried out under the Land Acquisition (Amendment) Act, 1984. The Act deals with compulsory acquisition of private land for public purpose. The procedures set out include: (i)Preliminary notification(Section 4); (ii)Declaration of Notification (Section 6); (iii)Notice to persons interested (Section 9); (iv)Enquiry and award (Section 11); (v)Possession (Section 16). 101. The 1984 amendments to the LA Act addressed the matter of compensation and delays in payment. As regards, the level of compensation, the rate of solatium was increased from 15% to 30%. For delays, the amendment requires that: (i) A time of one year was fixed for completing all formalities between the issuance of Section 4 and Section 6; and (ii) The compensation award must be determined within two years of the issuing of section 6 notification. Interest is payable at a rate of 12% per year from the date of preliminary notification to the date of dispossession. These changes apply to cases before the Civil Courts even for awards made before the enactment of the amendments.

6.3 Asian Development Bank’s Safeguard Policy 102. The ADB’s Safeguard Policy Statement 2009, recognizes and addresses the R & R impacts of all the affected persons, irrespective of their titles, and requires the preparation of RP in every instance where involuntary resettlement occurs. The ADB policy requirements are: (a) avoid involuntary resettlement wherever possible; (b) to minimize involuntary resettlement by exploring project and design alternatives; (c) to enhance, or at least restore, the livelihoods of all displaced persons4 in real terms relative to pre-project levels; and (d) improve the standards of living of the displaced poor and other vulnerable groups.

103. The main policy principles of the SPS are : • Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning

4 In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. • Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and reporting of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. • Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. • Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. • Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. • Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. • Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets. • Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements,

monitoring and reporting framework, budget, and time-bound implementation schedule. • Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. • Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. • Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. • Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

6.4 Indigenous Peoples 104. Indigenous Peoples (IP) are defined by ADB’S Indigenous Peoples Policy are those having distinct social, cultural, economic, and political traditions and institutions compared with the mainstream or dominant society. IP generally share the following characteristics: (i) descent from a population living in an area before current national territories were defined; (ii) maintenance of cultural and social identities separate from those of dominant societies; (iii) self-identification and identification by others as being part of a distinct cultural group; (iv) linguistic identity different from that of dominant society; (v) political traditions and institutions distinct from dominant culture; (vi) economic systems oriented more toward traditional production systems; and (vii) unique ties and attachments to traditional habitats and ancestral territories.

6.5 Karnataka Highway Act 1964 105. In addition to the above measures, realizing the need of infrastructure development like roads in timely manner, the PWD GOK has decided to acquire the land in KSHIP through the “The Karnataka Highways Act 1964”(KHA,1964) instead of using the Land Acquisition Act of 1894.

6.6 Comparison of National and State Policies with Asian Development Bank’s SPS (2009) 106. The National Rehabilitation and Resettlement Policy of 2007 (NRRP-2007) , represents a significant milestone in the development of a systematic approach to address resettlement issues in India and closes significantly the gap between Indian national policies and those of ADB’s. The Land Acquisition Act (LAA) of 1894 (as amended in 1984) gives 33 directives for the acquisition of land in the public interest and provides benefits only to titleholders. The LAA also does not provide replacement cost for the loss of land and assets. By contrast, the NRRP recognizes non-titleholders, although the basic requirement is for the non-titleholder to have been in the project-affected area at least 3 years prior to the declaration of the area as an affected area. In Karnataka there are various project level R & R Policies. The KSHIP policy tries to address any gaps in the existing policies which are relevant for the project. Table 6-1: Comparison of gaps in various Acts and Policies with ADB’s SPS LA NRRP-2007 ADB SPS KSHIP Policy Cut off Date 3 years prior to Date of survey will Date of survey will for Assistance date of survey for be considered as be considered as Non titleholders cut off for Non cut off for Non and the date of titleholders and the titleholders and the section 15 date of section 15 date of section 15 notification for notification for notification for titleholders. titleholder. titleholder. Social Impact Mandates SIA Requires a Poverty A Poverty and Assessment survey for 400 or and Social Social Assessment more getting Assessment study study has been displaced no minimum done for this enmasse in plain threshold project. area or more than prescribed. 200 households in hilly area Replacement No Provides for Provides for Provides for Cost of land replacement alternative lands; replacement cost of replacement cost cost of land where not land (compensation)of possible monetary land through compensation negotiations as per KHA Assistance to No direct mention This is covered. Provides assistance tenants losing of assistance to to tenants losing commercial tenants losing commercial and and residential commercial and residential structures residential structures. structures

7. ENTITLEMENTS, ASSISTANCE AND BENEFITS

7.1 KSHIP Policy 107. The National, State and Departmental Code provides for the framework for resettlement and rehabilitation activities. However, within the context of the above mentioned policy frameworks a project specific Resettlement Policy has been prepared. The project policy has been evolved through a number of discussions by PIU. Good practices of the other States have also been taken into consideration in addition to considering the relevant policy provisions and entitlements under each category of loss mentioned in National Policy for Resettlement and Rehabilitation 2007.

7.2 Impacts and Entitlements 108. This policy addresses the direct and indirect impacts of project construction and operation on displaced persons, households and communities. The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Other losses include loss of shelter, and other assets within the project’s corridor of impact; as well as roadside structure, business establishments and public facilities. Mitigation is provided through compensation and assistance to project-displaced persons, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework adopted by the project. The policy provides mitigation for: • loss of assets, including land and house or work place; • loss of livelihood or income opportunities; and • Collective impacts on groups, such as loss of community assets, common property resources, and others. 109. Loss of assets and livelihood are impact categories that represent direct project impacts on an identified population. The people likely to be affected will be surveyed and registered, and project monitoring and evaluation will compare long-term impact against baseline socioeconomic data. Collective impacts on groups represent direct and indirect impacts, where group members need not be individually registered. Group-oriented gains and losses in this category are less quantifiable in terms of impacts on the individual. Mitigation and support mechanisms are collectively oriented, and the monitoring of these efforts will examine the impact and benefits for the groups involved. The GOK from time to time will make amendments in this policy as and when required.

7.3 Corridor of Impact 110. Right of way is the lawfully acquired corridor of public land owned by the State Government and administered by the PWD for the transit of the existing road. Using available records with the PWD and the Revenue Department, the project will verify the boundaries of the legal right of way as well as boundaries of private properties within and in the vicinity of the likely Corridor of Impact. Displacement under the project will be limited to the corridor required for the road and its safety zone. This corridor is referred to as the Corridor of Impact. Within this corridor, there should be no structures or other hindrances. The advantage of this approach is that such a corridor is easier to maintain free of 35 encumbrances than the full Right of Way. Where the COI is beyond the RoW land acquisition will be required.

7.4 Targeted support to vulnerable groups 111. The project will develop target assistance for groups such as women-headed households, disabled, widow and persons above the age of 60 years. Attention will be given on a case by case basis, with regard to their rehabilitation, livelihood, educational opportunities, vocational training, etc.

7.5 Option and Choices 112. The project will provide options and choices among different entitlements to the affected population. As part of the project consultation and participation mechanisms, people will be informed and consulted about the project and its impacts, and their entitlements and options. The affected population will be counseled so that they are able to make informed choices among the options provided.

7.6 Principles 113. This policy is based on the principle that the population affected by the project will be assisted to improve their former living standards. The policy emphasizes that involuntary resettlement will be avoided or minimized where possible by exploring other alternative project designs. Where displacement is unavoidable, people loosing assets, livelihood or other resources shall be assisted in improving their former living standards. The policy document describes the details of entitlements and type of assistance to be extended to the affected persons, which will become the basis for preparing a detailed and time bound RP. The RP will contain the implementation details on how to ensure that principles and provisions of this policy can be implemented. The Resettlement Plan will describe the approach to be followed in minimizing and mitigating negative social and economic impacts caused by the project, including displacement. 114. This policy identifies categories of expected project impacts, including loss of property and assets, loss of livelihood, and other social and economic impacts on groups and roadside communities. All people, households and groups adversely affected by the project would be registered and support will be given in accordance with these policy provisions.

7.7 Definitions a. Agricultural land means lands being used for the purpose of :(i) agriculture or horticulture; (ii) raising of crops, grass or garden produce; and (iii) land used by an agriculturist for the grazing of cattle, but does not include land used for cutting of wood only. b. Assistance refers to the support provided to displaced persons in the form of ex-gratia payments, loans, asset services, etc. in order to improve the standard of living and reduce the negative impacts of the project. c. Bagar Hukum land is any government land which is unauthorizedly occupied by a person and such person has applied for regularization of the same under

the Karnataka Land Revenue Rules under 108 C(1) is called Bagar Hukum land. d. Below poverty line or BPL Household means below poverty line households as defined by the Planning Commission of India, from time to time, and those included in the State BPL list in force. e. Compensation refers to the amount paid under The Karnataka Highways Act, 1964 and The Karnataka Highways Rules, 1965, for private property, structures and other assets acquired for the project. It refers to the amount as given in the Entitlement Matrix for the project. f. Cutoff Date is the date of Notification under Section 15 of Karnataka Highways Act, 1964 will be the cutoff date where the land acquisition will be required. For Non titleholders the date of socioeconomic survey will be considered as the cutoff date. g. Displaced households (DHs) means (i) a household whose primary place of residence or other property or source of livelihood is adversely affected by the acquisition of land for a project or involuntary displacement due to any other reason; (ii) any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land (including bagar Hukum or other property) in the affected area of otherwise, has been involuntary displaced from such land or other property; (iii) any agricultural or non-agricultural labourer, landless person (not having homestead land or agricultural land) rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation in the affected area, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area or being involuntarily displaced for any other reason. h. Displaced Persons (DPs), any persons who have economic interests or residence within the project impact corridor and who may be adversely affected directly by the project. Project displaced persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action. i. Encroachers are those persons who have extended their building, business premises or work places into government lands. Assistance will be provided to these persons, based on their loss. j. Household includes a person, his or her spouse, minor sons, unmarried daughters, minor brothers, unmarried sisters, father, mother and other relatives residing with him or her and dependent on him or her for their livelihood; and includes “nuclear household” consisting of a person, his or her spouse and minor children; k. Government refers to the Government of Karnataka. l. Land acquisition or acquisition land means acquisition of land under the Karnataka Highways Act, 1964. 37

m. Marginal farmer means a cultivator with an unirrigated land holding up to one hectare or irrigated land holding up to half hectare. n. Minimum Wages: The minimum wage of a person for his/her services/labour is Rs. 100 per day as per Govt Notification NoLD96 LMW 2005 dated 30.07.2007. o. Non-Perennial Crop: Any plant species, either grown naturally or through cultivation that lives for a season and perishes with harvesting of its yields has been considered as a non-perennial crop in the project. For example, paddy, sugarcane, groundnut, etc. p. Notification means a notification published in the Gazette of India, or as the case may be, the Gazette of State. q. Perennial Crop: Any plant species that live for years and yields its products after a certain age of maturity is a perennial crop. Generally trees, either grown naturally or by horticultural and yield fruits or timber have been considered as perennial crop in the project. For example, tamarind, coconut, mango, teak, neem etc. are perennial crops. r. Replacement Cost of the acquired assets and property is the amount required for the affected house hold to replace/reconstruct the lost assets through purchase in the open market. Replacement cost will be calculated at PWDs current Schedule of Rates without depreciation. Replacement cost will be in line with the provisos of the Entitlement Matrix of the project. s. Severance of Land can be defined of a land holding divided into two or more pieces due to acquisition of land mainly for laying new project alignment, such as a bypass or a re-alignment. t. Small farmer means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. u. Squatter means those persons who have illegally occupied government lands for residential, business and or other purposes. v. Tenants are those persons having bonafide tenancy agreements, written or unwritten, with a private property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. w. Vulnerable groups: persons such as disabled, widows, or persons above sixty years of age. x. Women-headed Household is a household that is headed by a woman and does not have a male earning member. This woman may be a widowed, separated or deserted person.

7.8 Entitlements 115. The DPs will be provided with the benefits described below. 116. Loss of Land: This includes all those who have legal title to land. They will be provided with Compensation as per Replacement Cost through direct negotiation as per Karnataka State Highway Act, 1964 + stamp duty and registration charges. Stamp duty and registration charges are applicable for those who accept negotiation price. Minimum

38 negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Ramnagaram, and Corporation / Municipal limits of other district HQs will be one and half times the Guidance Value. For all other areas other than those mentioned above the minimum negotiated price will be twice the Guidance Value.5 OR average sales statistics, whichever is higher6. In case of severance of land an additional 25 % compensation will be paid to the land loser if he retains the remaining plot OR if the remaining land is not viable and the land owner opts to surrender the entire plot to the project, compensation as given earlier will be applicable; Loss of perennial crops and non-perennial crops will be compensated in accordance with Horticulture department valuation process; A grant of Rs. 15,000 for replacement of Cattle shed; Water yielding bores will be replaced in the location identified by the affected person in the remaining land holding subject to availability of water. In case water is not available replacement cost of the borewell at current PWD SR rates will and 30% solutium will be given. In case of land owners who become landless or marginal farmers, the following additional entitlements will be offered: (a) subsistence allowance of Rs.30,000 for land less and marginal; and, (b) assistance for creating Income generation asset valued up to Rs.75,000; Additional amount of Rs.20,000 will be restricted to those who loose narrow stretch of land as additional compensation in lieu of all other benefits(Narrow stretch of land is defined as persons losing up to five guntas of land). For those becoming landless and all marginal farmers training assistance will be provided for income generating vocational training and skill upgrading options as per affected persons choice .The NGO will ensure linkages of the trained persons to ongoing programmes, to facilitate employment and marketing opportunities; Employment opportunity for affected persons as per his skills and availability of suitable work in road construction work; In case of Bagar hukum lands - 50 % of compensation and other benefits as available for land owners. Any Government land which is unauthorizedly occupied by a person and such person has applied for regularization of the same under the Karnataka Land Revenue Rules under 108 C(1) is called Bagar Hukum land. Under Rule 108C section 94A, of the Karnataka Land Revenue Act, 1966, the Tahsildar is the custodian of the records and he will issue the certification whether the application is pending before the Committee or not. Tahsildar is the Secretary of the Committee for regularization of unauthorized occupation of government land. 117. Loss of residential structures: These persons with legal titles losing their residential structures. They will get compensation at current PWD scheduled rates without depreciation and 30% solatium; Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress; Additional 25% compensation for partially affected structures towards reconstruction; shifting assistance of Rs. 10,000; Subsistence allowance of Rs. 30,000. In case more than 25% of house is affected and unviable for retaining, full compensation will be paid; Resettlement colonies will be developed if more than 20 households are displaced in two kms continuous stretch; Plot

5 Revised Guidance Value of the properties in Bangalore Urban, Bangalore Rural, Chikkaballpur, Ramanagaram and Corporation/Municipal limits is 2-3 times higher than the earlier Guidance Value. Hence 1.5 times the Guidance Value is proposed as minimum negotiated price. In other areas ratio of revision is reasonably low, hence 2 times the Guidance Value is proposed as minimum price. 6 The average Sales Statistics is in line with LA Amendment Bill. In the LA Amendment Bill there are different modalities in determining and assessing the market value, any one among them would be adopted wherein the land loser gets the maximum market value. 39 size will be equivalent to size lost subject to a maximum of 369 sq. mt/1200sq. ft in rural area and 184 sqm /600 sq. ft in urban areas; People have right to salvage the affected materials. 118. Loss of commercial structures: These are persons with legal titles who will loose their commercial structures. They will get compensation at current PWD scheduled rates without depreciation and 30% solatium; Alternative shop or assistance for income generation asset valuated up to Rs. 75,000; Additional 25% compensation for partially affected structures; Shifting assistance of Rs. 10,000; Subsistence allowance of Rs. 30,000; Shopping units with 100-150 sq ft will be constructed if more than 20 shops are affected in a continuous stretch of two kms and opt for shop. People have right to salvage the affected materials; Training for self-employment will be provided to one adult per household as needed. 119. Loss of residential cum commercial structures: These are persons who loose their commercial cum residential structures. They will get the following entitlements: Compensation at current PWD scheduled rates without depreciation and 30% solatium; Alternative shop or assistance for income generation asset valuated up to Rs. 75,000 or Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress ; Additional 25% compensation for partially affected structures; Shifting assistance of Rs. 10,000; Subsistence allowance of Rs. 30,000; Additional amount of Rs. 25,000 as grant. In case more than 25% of house is affected and unviable for retaining, full compensation will be paid ; Resettlement colonies will be developed if more than 20 households are displaced in two km continuous stretch; Plot size will be equivalent to size lost subject to a maximum of 369 sq. m/1200sq. ft in rural area and 184 sq. m /600 sq. ft in urban areas; Shopping units with 100-150 sq ft will be constructed if more than 20 shops are affected in a continuous stretch of two kms and opt for shop ; People have right to salvage the affected materials; Training for self-employment will be provided to one adult per household as needed. 120. Tenants losing residential structure: These are persons who are residing as tenants. They will be eligible for Rental allowance for 6 months @ Rs. 500 per month in rural and Rs. 1000 in urban area; Shifting assistance of Rs. 10,000. 121. Tenants losing commercial structure: These are persons who are carrying out commercial activities as tenants. They will be eligible for Rental allowance for 6 months @ Rs. 1,000 per month in rural and Rs. 1,500 in urban areas; Shifting assistance of Rs. 10,000; Assistance for income generation asset up to Rs. 75,000. 122. Tenants losing residential cum commercial structure: These are tenants who reside and carry out commercial activity in the same structure. These persons will be entitled to Rental allowance for 6 months at Rs. 1,000 per month in rural and Rs. 1500 in urban areas; shifting assistance of Rs. 10,000; Assistance for income generation asset up to Rs. 75,000. 123. Non titleholders – residential squatters: These are persons without legal title who are residing on government property. These persons will be assisted with House in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress; Subsistence allowance of Rs.15, 000; Shifting Allowance of Rs.5,000. House size in resettlement colony to be minimum of 25 sq. m/270 sq. ft. Resettlement colony will be constructed if more than 20 residential squatters are getting affected in a

40 continuous stretch of two kms and opted for same; Developed plot size will be allotted of 25 sq. m/ 270 sq. ft in urban area and 33 sq. m/ 350 sq. ft in rural area. 124. Non titleholders – commercial squatters: These are persons without legal title who are carrying out commercial activity on government property. These persons will be assisted with alternative shop of 100 sq ft or assistance for income generation asset valuated up to Rs. 30,000; Subsistence allowance of Rs.15,000; Shifting Allowance of Rs.5000. Shopping units will be constructed if more than 20 shops are affected in a continuous stretch of 2 kms and opted for shop. 125. Encroachers: These are persons whose structures have encroached on government land. These persons will be provided Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation and compensation of Crop loss or advance notice for harvesting crops. 126. Loss of primary source of income: Those persons who are working as employees or agricultural labours who depend upon an existing activity getting affected. These persons will be entitled to Subsistence allowance of Rs. 15,000. Training assistance will be provided for income generating vocational training and skill upgrading options as per affected person’s choice; Employment opportunity for affected persons as per his skills and availability of suitable work in road construction work will be provided. Training for self- employment will be provided to one adult per household as needed. 127. Vulnerable groups - Widows Physically challenged and those aged above 60 years: These persons will be entitled to Assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) Lumpsum amount of Rs. 25,000; Training assistance will be provided for income generating vocational training and skill upgrading options as per choice; This will be restricted to those who have no or cannot be provided with alterative livelihood sources. 128. Community Assets getting affected will be reconstructed and be transferred to Local authorities for maintenance. 129. Unidentified Impacts : Unforeseen impacts shall be documented and mitigated based on the principles provided in this policy. 130. All amounts in this entitlement matrix are fixed as of April 01, 2010. These will increased 10% annually on first day of April every year. The same will hold good for guidance value also if not revised by the GoK. 41

7.9 Entitlement Matrix 131. The entitlement matrix will guide to offer compensation and assistance to those persons affected by the project. The detailed entitlement matrix for the project is given in Table 7-1. Table 7-1: Entitlement Matrix No. Impact Entitlements Remarks Category I. Title Holders (a) Loss of land 1. Compensation as per the • Stamp duty and registration principle of replacement cost charges are applicable for through direct negotiation as those who accept negotiation provided for in the Karnataka price. State Highway Act, 1964 + stamp duty and registration charges; • Minimum negotiated price for 2. Compensation offered is cash the Districts of Bangalore for land Urban, Bangalore Rural,

Chikkaballapur, Ramnagaram, and Corporation/ Municipal limits of other district HQs will be 1.5 times the Guidance Value. For all other areas

other than those mentioned

above the minimum negotiated price will be 2 times the Guidance Value.1 OR average sales statistics, which ever is higher2

3. In case of severance of land an additional 25% compensation will be paid to the land loser if he retains the remaining plot OR if the remaining land is not

1 Revised Guidance Value of the properties in Bangalore Urban, Bangalore Rural, Chikkaballpur, Ramanagaram and Corporation/Municipal limits is 2-3 times higher than the earlier Guidance Value. Hence 1.5 times the Guidance Value is proposed as minimum negotiated price. In other areas ratio of revision is reasonably low, hence 2 times the Guidance Value is proposed as minimum price. 2 The average Sales Statistics is in line with LA Amendment Bill. In the LA Amendment Bill there are different modalities in determining and assessing the market value, any one among them would be adopted wherein the land loser gets the maximum market value. 3 As per the NRRP-2007 the acquiring body has to provide rehabilitation grant equivalent to 750 days minimum agricultural wages. At present the minimum agricultural wages is Rs. 100/day. The NGO will ascertain the actual needs of the displaced persons and assist in creating assets. 4 Bagar Hukum lands are government lands which are unauthorisedly cultivated by persons without legal documents. Applications for regularization that are pending before the regularization committee.

No. Impact Entitlements Remarks Category viable and the land owner opts to surrender the entire plot to the project, compensation as given in No. 1 will be applicable;

4. Loss of perennial crops and non-perennial crops will be compensated in accordance with Horticulture Department valuation process, which is the replacement cost.

5. A grant of Rs. 15,000 for replacement of Cattle shed;

6. Water yielding bores will be replaced in the location identified by the affected person in the remaining land holding subject to availability of water. In case water is not available replacement cost of the borewell at current PWD SR rates without depreciation charges will be given. • Marginal farmer is defined as 7. In case of land owners who those left with 1 hectare of become landless or marginal non-irrigated or 0.50 hectare farmers, the following of irrigation or combination of additional entitlements will be both offered: (a) subsistence allowance of Rs. 30,000 for land less and marginal; and (b) assistance for creating Income generation asset valued up to Rs.75,0003;

8. Additional amount of Rs. • Narrow stretch of land is 20,000 will be restricted to defined as persons losing an those who lose narrow stretch area that is up to 5 guntas of of land as exgratia land. compensation in lieu of all other benefits.

9. For those becoming landless • The NGO engaged for the and all marginal farmers RP implementation will training assistance will be ensure linkages of the provided for income generating trained persons to ongoing vocational training and skills programs, to facilitate upgrade options as per employment and marketing affected the displaced persons' opportunities. choice;

10. Employment opportunity for affected the displaced persons as per his/her skills and the availability of suitable work in 43

No. Impact Entitlements Remarks Category road construction work. Any Government land which is 11. In case of Bagar hukum lands4 unauthorizedly occupied by a - 50% of compensation and person and such person has other benefits as available for applied for regularization of the land owners which is same under the Karnataka Land equivalent to replacement Revenue Rules under 108 C(1) is value for this category. called Bagar Hukum land. Under Rule 108C section 94A, of the Karnataka Land Revenue Act,1966, the Tahsildar is the custodian of the records and he will issue the certification whether the application is pending before the Committee or not. Tahsildar is the Secretary of the Committee for regularization of unauthorized occupation of government land.

(b) Loss of 1. Compensation at current PWD • In case more than 25% of a Residential scheduled rates without house is affected and structures depreciation and 30% solatium unviable for retaining, full 2. Alternative houses in compensation will be paid resettlement colony or • Resettlement colonies will be developed plot and developed if more than 20 construction cost of Rs. 40,000 households are displaced in linked to construction progress. 2 km continuous stretch 3. Additional 25% of current PWD • Plot size will be equivalent to SR rates without depreciation + size lost subject to a 30% solatium for the affected maximum of 369 sq. portion as compensation for m/1200sq. ft in rural area partially affected structures and 184 sq. m /600 sq. ft. in towards reconstruction urban areas. 4. Shifting assistance of Rs. • Displaced persons have a 10,000 right to salvage the affected 5. Subsistence allowance of Rs. materials. 30,000

(c) Loss of 1. Compensation at current PWD • Shopping units with 100-150 commercial scheduled rates without sq ft will be constructed if structures depreciation and 30% solatium more than 20 shops are 2. Alternative shop or assistance affected in a continuous for income generation asset stretch of 2 km and the valuated up to Rs. 75,000 owners opt for a shop. 3. Additional 25% compensation • Displaced persons have a for partially affected structures right to salvage the affected 4. Shifting assistance of Rs. materials 10,000 • Training for self-employment 5. Subsistence allowance of Rs. will be provided to one adult 30,000 per household as needed

No. Impact Entitlements Remarks Category (d) Loss of 1. Compensation at current PWD • In case more than 25% of residential scheduled rates without house is affected and cum depreciation and 30% solatium unviable for retaining, full commercial 2. Alternative shop or assistance compensation will be paid structures for income generation asset • Resettlement colonies will be valuated up to Rs. 75,000 developed if more than 20 3. Additional 25% compensation households are displaced in for partially affected structures 2 km continuous stretch 4. Shifting assistance of Rs. • Plot size will be equivalent to 10,000 size lost subject to a 5. Subsistence allowance of Rs. maximum of 369 sq 30,000 m/1200sq. ft. in rural area 6. Additional amount of Rs. and 184 sq. m. /600 sq. ft. in 25,000 as grant. urban areas. • Shopping units with 100-150 sq. ft. will be constructed if more than 20 shops are affected in a continuous stretch of 2 km and the owners opt for a shop. • Displaced persons have a right to salvage the affected materials • Training for self-employment will be provided to one adult per household as needed II. Tenants (a) Residential 1. Rental allowance for 6 months @ Rs. 500 per month in rural and Rs. 1,000 in urban areas 2. Shifting assistance of Rs. 10,000 (b) Commercial 1. Rental allowance for 6 months @ Rs. 1,000 per month in rural and Rs. 1,500 in urban areas 2. Shifting assistance of Rs. 10,000 3. Assistance for income generation assistance up to Rs. 75,000 (c) Loss of 1. Rental allowance for 6 months residential @ Rs. 1,000 per month in rural cum and Rs. 1,500 in urban areas commercial 2. Shifting assistance of Rs. structures 10,000 3. Assistance for income generation assistance up to Rs. 75,000

No. Impact Entitlements Remarks Category III. Non-Title holders (a) Residential 1. House in resettlement colony • House plot size in Squatters or developed plot and resettlement colony to be construction cost of Rs. 40,000 minimum of 25 sq. m/ 270 sq linked to construction progress. ft. Resettlement colony will 2. Subsistence allowance of be constructed if more than Rs.15,000. 20 residential squatters are 3. Shifting Allowance of Rs.5,000. getting affected in a continuous stretch of 2 km and opted for same. As per NRRP 2007. • Developed plot size will be allotted of 25 sq. ms/ 270 sq. ft in urban area and 33 sq. ms /350 sq. ft in rural area as per NRRP 2007.

(b) Commercial 1. Alternative shop of 100 sq. ft or • Shopping units will be Squatters assistance for income constructed if more than 20 generation asset valuated up shops are affected in a to Rs. 30,000; continuous stretch of 2 km 2. Subsistence allowance of and opted for shop. Rs.15,000; 3. Shifting allowance of Rs.5,000. (c) Encroachers 1. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation 2. Compensation of crop loss or advance notice for harvesting crops IV. Loss of livelihood (a) Loss of 1. Subsistence allowance of Rs. • Training for self-employment primary 15,000. will be provided to one adult source of 2. Training assistance will be per household as needed income provided for income generating vocational training and skills upgrade options as per the displaced persons' choice; 3. Employment opportunity for the displaced persons as per his/her skills and availability of suitable work in the road construction. V. Vulnerable People (a) Widows 1. Assistance to include in • This will be restricted to Physically government pension schemes if those who have no or cannot challenged not included , if eligible as per be provided with alterative and those Government criteria (OR) livelihood sources. aged above 2. Lumpsum amount of Rs. 25,000 • Training for those above 60 60 years 3.Training assistance will be years is not mandatory and provided for income generating will be provided for if the vocational training and skills person opts for it and after upgrade options as per the the need is assessed. displaced persons' choice

No. Impact Entitlements Remarks Category VI. Community Assets (a) Community 1. Reconstruction of affected Assets assets 2. Transfer to Local authorities for maintenance VII. Unidentified Impacts (a) Unidentified 1. Unforeseen impacts shall be Impacts documented and mitigated based on the principles provided in this policy

8. RELOCATION OF HOUSING AND SETTLEMENTS

8.1 Basic Provision for Relocation 132. The PA will provide adequate and appropriate replacement land and structures or cash compensation for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The PA will compensate to the non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land. The entitlements to the non- titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date.

8.2 Need for Relocation 133. Efforts have been made to minimize the resettlement. There is only one house that is likely to be affected and 3 commercial structures. Those losing land are losing partial land only. All efforts are made through various provisions in this RP to mitigate negative social impacts on displaced persons and communities by supporting relocation of affected households and by restoration of pre-project levels of income.

8.3 Reconstruction of affected community structures 134. The project authorities will replace and reconstruct all community assets before demolition. For shifting of community assets the NGO will (i) consult with the community along with the SDO and identify alternative land- the land identified has to be government land wherever possible, or given as donation in some cases; (iii) owner consent letter has to be signed by the donor /owner in the prescribed format prepared by the NGO (name, place, survey nos., site measurement) (iv) the reconstruction will be carried out by the local contractors; (iv) the KSHIP Assistant Executive Engineer of the division will be responsible for monitoring the work; and(v) the cost for the relocation and reconstruction will be paid by the project.

9. INCOME RESTORATION AND REHABILITATION

9.1 Income restoration measures 135. The basic objective of income restoration activities is that no project-affected person shall be worse off than before the project. Restoration of pre-project levels of income is an important part of rehabilitating individuals, households, and socioeconomic and cultural systems in affected communities. Income restoration schemes will be designed in consultation with affected persons so as to benefit them. Based on the information collected on IR activities from the census socioeconomic surveys, the implementing NGO will identify suitable IR programme for the affected persons.

9.2 Impact Categories and IR Schemes 136. Project-induced displacement may lead to loss or diminished income for DPs. The main categories of impacts expected as a result of project land and property acquisition include: (a) loss of agriculture land in part or full; (b) Loss of commercial establishments; (c) loss of livelihood as employees; and (d) tenants losing their livelihood 137. Table 9-1: Categories for Income restoration Loss No. DPs/ DHs 1 Partial loss of agriculture 26 DHs 2 Loss of commercial structures 3 DHs 3 Loss of livelihood as employees 6 DPs 4 Tenants losing livelihood 1 DHs 138. The economic rehabilitation assistance money will be deposited in bank accounts to be released only for the purchase of income generating assets. Women-headed households will be assisted in identifying alternative space in adjacent areas for continuing their trade or vocations. These households will have to be given preference in disbursement of assistance. The SDRC will use its good offices with local authorities to facilitate early rehabilitation of these women-headed households. DPs losing their livelihood as employees will be provided only relief assistance.

9.3 IR Activities 139. There are two types of IR activities, i.e. short term and long term. 140. Short Term IR activities: Short-term IR activities mean restoring DPs’ income during periods immediately before and after relocation. For this, the support NGO shall ensure that: compensation and R & R assistance as provided in the entitlement matrix is provided. Other works include work in the project construction activities and other allied activities such as work on resettlement sites etc. 141. Long Term IR Activities: This includes provision of shops for those losing their total livelihood, to re-establish their commercial activities. Shopping units with 100-150 sq ft will be constructed if more than 20 shops are affected in a continuous stretch of two kms and opt for shop. It also includes purchase of income generating assets up to Rs. 75,000. In case the amount used is less than this, the beneficiary will get the remaining amount after one year of successful completion of the activity, which will be monitored by the NGO. 49

142. The steps to be followed for income restoration include: Step 1: Identification of Target Groups – NGOs need to identify the affected persons; Step 2: Identification of IR Activities - Prepare a list of possible and feasible income restoration options. While identifying IR options, the following factors shall also be considered: (i) Education level of DPs; (ii) Skill possession;(iii)Likely economic activities in the post displacement period; (iii) Extent of land left; (iv) Suitability of economic activity to supplement the income; and (v) Market potential and marketing facilities. Based on socioeconomic characteristics and options preferred by DPs, the NGO may have to re- assign trades to DPs. Options include (i) petty trade, and (ii) skill related schemes and loans for pumps, bore wells, bullock carts etc to increase productivity. The NGO will assist DPs in identifying appropriate alternative economic rehabilitation schemes through counselling and consultation. Step 3: Training: Option for training for skill enhancement for those losing their livelihood has been provided in the Entitlement Matrix for owners losing commercial structure and employees losing their livelihood. Step 4: Identification of Trainers / Training Institutes: Based on trades selected, NGO shall have to identify master trainer and/or training institute for different trades/activities who can provide on the job training. Step 5: Training Arrangement: NGO shall make different groups of DPs as per trades selected and make all the arrangements such as fixing the venue etc. Step 6: Monitoring of DPs: After training the NGO shall monitor the DPs in order to take mid-term correction measures, if required.

10. RESETTLEMENT BUDGET AND FINANCING

10.1 Budget and Costs 143. The costs used for the budget estimates are based on information collected during the census socioeconomic surveys of DPs. The estimated total budget for the implementation of RP is Rs. 5.07 million. This does not include Operating Costs, NGO and Monitoring Consultant Costs, as these costs are for the overall project, which is estimated at Rs. 20 million. The unit costs and detailed budget are given below: Table 10-1: Budget Sl. Total Cost per Category Total cost No. Unit Unit LAND ACQUISITION 1 Agriculture land 1.3 1,000,000 1,300,000 Sub Total 1,300,000 ALTERNATIVE SITE COST 2 Residential site (owner) 0 30,000 0 3 Commercial site (owner) 1 50,000 50,000 4 Commercial site (squatter) 1 30,000 30,000 5 Residentail site (squatter) 0 50,000 0 Sub Total 80,000 STRUCTURE COST 6 RCC - Pucca housing (Sq ft.) 1,205.57 800 964,456 7 Dry stone masonary (Sq ft.) 861.12 600 516,672 8 Mud mortar (Sq ft.) 301.39 350 105,486.5 Sub total 1,586,615 R & R ASSISTANCE 9 EWS House construction(Non Titleholder) 1 40,000 40,000 10 House construction (owners) 0 40,000 0

11 Shifting Allowance(Non titleholders) 1 10,000 10,000

12 Subsistence Allowance (Non titleholders) 1 15,000 15000

13 Subsistence Allowance (Owners) 1 30,000 30,000

14 Additional assistance for land losers 26 20,000 520,000 15 Shifting Allowance(Titleholders) 1 10,000 10,000

17 Economic generating asset(owner/tenant) 2 75,000 150,000

18 Economic generating asset (squatter) 1 30,000 30,000 19 Rental Value Commercial 1 9,000 9,000 20 Rental Value Residential 0 6,000 0 21 Relief Assistance 0 15,000 0 22 Training for DP 2 15,000 30,000 23 Vulnerable groups 24 25,000 600,000 51

Sl. Total Cost per Category Total cost No. Unit Unit 24 Cattleshed 0 15,000 0 25 Group Entitlement 13.46 15,000 201,900 Sub Total 1,645,900 Total 4,612,515 10% Contingency 461,251.5 OVERALL TOTAL 5,073,766.5 Table 10-2: Unit Costs for R and R Sl. Category Estimates (in Rs) No. 1 Agricultural Land per ha Rs.2,470,000 2 Non Agricultural Land per ha Rs.3,705,000 3 Pucca house 800 per sq. ft 4 Semi pucca house 600 per sq. ft 5 Kutcha house 350 per sq ft. 6 Construction cost for house in Resettlement site 40,000 per structure 7 EWS Housing 40,000 per unit Training for DP for income generation schemes 15,000 (Rs.5000 per month for 3 8 and vocational training months) 9 NGO assistance for implementation 8,500,000 10 Evaluation Consultants 3,000,000 11 SDRC and associated staff training 1,500,000 lump sum 12 Group entitlements 15,000 per km Office equipment (including Rs. 500,000 each for 2,000,000 lump sum 13 setting up office of LAO in North and South Karnataka 14 Vehicle cost ( Rs.800,000 per vehicle) 8 vehicles 5,600,000 144. In accordance with the policy provisions, all grants and benefits shall be indexed annually at 10% on the first of April. These include subsistence allowance, shifting allowance, relief assistance, amounts for income generating asset, cost for the provision of sites to squatters and rental allowance. Table 10-3: R & R Unit Costs Sl. Category Proposed Amount No. 1 Purchase Commercial site for Rs.30,000 (10’x10’) Urban Rs 15000 Rural area squatters 2 Purchase Commercial site for Rs.50,000 (10’x15’) Urban Rs 25000 Rural area Titleholders 3 Purchase Residential site for Rs. 30,000 Urban Rs 20000 Rural area squatter 4 Purchase Residential site for Rs. 70,000 Urban Rs 30000 Rural area Titleholders 5 Shifting allowance for Titleholders Rs.10,000 as one time payment 6 Subsistence allowance for Rs. 30,000 Titleholders 7 Subsistence allowance for squatters Rs.15,000 as one time payment 8 Shifting assistance for squatters Rs.5,000 as one time payment 9 construction cost for Residential Rs.40,000 squatters 10 IGA assistance to commercial Rs.30,000 for income generating asset squatter 11 Shifting allowance for Bagar Hukum Rs.5,000 as one-time payment

Sl. Category Proposed Amount No. House holders 12 Subsistence allowance for those Rs.15,000 as one-time payment who are losing Bagar Hukum Lands 13 Additional assistance for those Rs.20,000 as one-time payment. losing land 14 Income generating Grant for Title Rs.75,000 as one-time payment holder who loose entire land /Business 15 Rental allowance for commercial Rs. 1,500 for urban and Rs. 1,000 for rural per Tenant month for 6 months. 16 Rental allowance for residential Rs.1,000 for urban and Rs. 500 for rural per Tenant month for 6 months 17 Relief assistance for loss of Rs.15,000 lumpsum payment employment of agriculture and Non agriculture. 18 Assistance to Vulnerable groups Rs. 25,000 lumpsum payment In the R & R budget, allocation has not been made for replacement of affected community structures. Any community assets that are getting impacted and which need to be replaced or relocated, is being undertaken separately by PIU KSHIP field division offices. 53

11. GRIEVANCE REDRESSAL MECHANISM

11.1 Grievance Redressal Committee 145. The project will establish a Grievance Redressal process, with district-level committees. Each District Grievance Redressal Committee will have representation from the local affected population and the NGOs involved in RP implementation. These committees will hear complaints and facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce unnecessary litigation. 146. The following persons will constitute the District Level Grievance Redressal Cell : a. Deputy Commissioner Chairman b. Academician (To be selected by DC) Member c. Representative of DP (To be selected by DC) Member d. Executive Engineer of Concerned Division Convener 147. The main functions of the GRC will be: a. to provide support to DPs on problems arising out of eligibility for RP-provided entitlements and assistance provided; b. to record the grievances of the DPs, and categorize, prioritize and solve them within one month; c. to inform PIU of serious cases within one week; and d. to report to the aggrieved parties about the developments regarding their grievance and decisions of the PIU, within one month. 148. The Grievance Committees will meet regularly during implementation of the RP, at least once a month. The committees will suggest corrective measures at the field level itself and fix responsibilities for implementation of its decisions. However the NGOs will form the first level of intervention in resolving DP related grievances and attempt to motivate the DP to facilitate implementation of the R & R program. The option of contacting the project authorities is available to DPs at any time. The Deputy Commissioner will be the Appellate Authority. The steps in the GRC are: a. At the first level intervention the NGO will attempt to resolve the grievance; b. Next the CAO will attempt to address land related grievance and the ADSW will address the non-land related grievances; c. The third step will be to approach the Grievance Redressal Committee; d. Next they can Approach the Regional Commissioner who is the Appellate Authority; e. If all the above fails, the DPs can approach the court. 149. It is the responsibility of the SDRC/NGO to inform the affected persons of the GRC, to make it effective. The NGO shall make DPs aware of the grievance mechanism set out in the RP and shall assist PDPs who have grievances to pursue a suitable remedy. The NGO shall help the DPs to file a grievance application. 150. The NGO shall record the grievance and bring the same to the notice of the Grievance Redressal Committees (GRC) within seven days of receipt of the grievance from

54 the DPs. It shall submit a draft resolution with respect to the particular grievance of the DP, suggesting solutions, if possible, and deliberate on the same in the GRC meeting through the NGO representative in the GRC. 151. The NGO shall assist in the GRC process whenever necessary. Figure 11-1: Grievance Redressal

12. INSTITUTIONAL MECHANISMS

12.1 Institutional Arrangements 152. KSHIP has a dedicated unit called the Social Development and Resettlement Cell (SDRC) within the Project Implementation Unit for the implementation of the RP. All aspects of resettlement and rehabilitation and the delivery of entitlements are managed by Social Development/Resettlement Cell (SDRC).

12.2 Social Development and Resettlement Cell (SDRC) 153. The SDRC facilitates land acquisition and compensation, relocation and resettlement, distribution of assistance for the DPs. The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. The responsibilities of SDRC include: i. responsible for all land acquisition activities; ii. liaison with State and District levels Departments to facilitate DP access and take advantage of services and programs already in place; iii. evolve mechanisms for coordinating the delivery of the compensation and assistance to entitled persons; iv. review and provide social development perspectives and inputs to on-going project design and implementation by working closely with project planners, contractors, and construction supervision consultants; v. link the project with state government agencies, provide liaison with PWD field units and impacted communities, coordinate with district-level committees regarding social development and resettlement operations in the field, mobilize assisting NGO partners, and support the organisation of local community representing DPs; and vi. engage required training services, oversee a grievance redressal process, actively monitor RP implementation, and cooperate with planned project evaluations.

12.3 SDRC and Staff Deployment 154. The RP will be implemented by the North Karnataka (Hospet) division of PIU; Staffing is complete for the proposed institutional set up. The institutional setup is given in Figure 12.1. The key SDRC officials are: 155. Special DC Land Acquisition - Special Deputy Commissioner in the cadre of KAS will be the in charge of the overall land acquisition. He will be assisted by two Assistant Commissioners for Land Acquisition who is responsible for all activities related to land acquisition. One Assistant Commissioner will be stationed in the zonal office of North Karnataka (Hospet) and the other one would be stationed at PIU Office (South Zonal Office) in Bangalore. 156. Chief Administrative Officer –The CAO in the cadre of KAS will be responsible for all resettlement and rehabilitation activities. The CAO will also be assisted by The Assistant Director Social Welfare (ADSW) who will be responsible for R & R work. On the land

56 acquisition side CAO and the Assistant Commissioners will be responsible for fixing the negotiated price of the land along with the affected persons according to the Karnataka Highways Act, 1964, and disbursing the compensation. 157. The Assistant Director Social Welfare is responsible for shifting of project affected persons, coordination of disbursement of assistance such as shifting allowance etc., disbursement of funds for income generating programmes, relief assistance, etc. The ADSW needs to have relevant experience of at least five years in resettlement projects, with a minimum educational qualification of Masters in Social Science. 158. The Resettlement and Rehabilitation Manager will assist the ADSW and coordinate all the rehabilitation work of the SDOs. The R & R Manager has to have experience in resettlement projects with minimum experience of three years, with a minimum educational qualification of Masters Degree in Social Sciences. 159. The ADSW and the Resettlement and Rehabilitation Manager will be assisted by the Social Development Officer (SDO). It is suggested that four SDOs be stationed in the Assistant Commissioners Office to be located on North zone and PIU –South in Bangalore (already appointed). The responsibility of SDO includes: support to resettlement and rehabilitation related work pertaining to RP implementation, like issue and the verification of ID cards, identification of local income generation potential, monitoring rehabilitation works, providing assistance to vulnerable groups, coordinating with NGOs, etc. The SDO has to have a Masters degree in Social Sciences. 160. The SDOs will be assisted by the Social Welfare Inspectors (SWI). The SWI’s are supporting staff to SDOs to carry out the functions as per the directions of SDOs. 161. The SDRC will have a Data Management Specialist. The responsibility of this person will be to monitor and update the data of all the project affected persons; to highlight any discrepancy in compensation and paid disbursed; and coordinate the inputs of information from the North and South Divisions to the Central database at PIU at Bangalore. The Data Management Specialist is to be supported by additional staff. The PIU has already appointed the Consultants for database management. Information is ready to be transferred to the PIU for use in implementation.

Figure 12.1: Institutional Set up

CHIEF PROJECT OFFICER

PROJECT CAO (SPECIALSPECIAL DIRECTOR DC) AT PIU HQscDC(LA)

AC-LAO-GRP I NORTH

KARNATAKA ASSISTANT DIRECTOR (Office at Dharwad - AC-LAO-GRP I SOUTH (SOCIAL WELFARE) tentatively KARNATAKA AT HQ s

DEPUTY TAHSILDAR R &R MANAGER DEPUTY TAHSILDAR

SOCIAL SDO - SOUTH FIRST DIV REVENUE COMPUTER SDO - NORTH KARNATAKA COMPUTER INSPECTOR (4)SURVEYOR (4) FIRST DIV REVENUE DEVELOPMENT KARNATAKA (2) ASSISTANT OPERATOR/STENO 1 SURVEYOR (4) (2) ASSISTANT (2)INSPECTOR (4) OPERATOR/STENO 2 OFFICER (1) PIU

GROUP D (4) GROUP D (4)

SOCIAL WELFARE SOCIAL WELFARE INSPECTORSOCIAL (6) WELFARE INSPECTOR (1) VEHICLE 1 INSPECTOR (6) VEHICLE 1 DRIVER 1

COMPUTER OPERATOR 1; STENO 1

VEHICLE 4, DRIVER 4 MONITORING DBMS NGO NORTHNGO SOUTH CONSULTANTSSPECIALIST

GROUP D (2)

12.4 Protection of RoW 162. Section 5 of the KHA mentions the Highway Authority will exercise power and discharge duties in accordance with provisions of the KHA for restriction of ribbon development along the highways and for prevention and removal of encroachments. The Highway Authority under Section 7 has power to fix boundary of building and control lines of highways. Section 21 mentions prevention of unauthorized occupation of highway. Thus the onus of protecting the COI/RoW lies with the Project Authority. Once the COI/Row has been identified and frozen, the COI/RoW has to be clearly marked with boundary stones. Any new encroachment into the area will be monitored the Division PWD; this has to be done through bi-monthly site inspection by the Divisional Engineer in charge. Those Non-titleholders already identified by the project will be provided by Identity Cards issued by the PIU. The bi- monthly site inspection will help to prevent further encroachments.

12.5 Valuation of other structures/assets 163. The valuation of structures and other assets, which have not been covered by the LAPs will be carried out by Government approved valuators appointed by the PIU. Valuation will be done on the basis of current PWD Schedule of Rates, without depreciation. Based on the valuation another 30% will be given. However, this will be approved and verified by the concerned Executive Engineer. It will be forwarded to the PD for approval. Trees will be valued by the Horticulture/Forest department.

12.6 Roles and responsibilities of officials for RP implementation 164. The Administrative roles and responsibilities and financial powers - existing and to be delegated of the SDRC officials are given below. Delegations of financial powers have to done through a Government Order. Table 12-1: Administrative and Financial Responsibilities of officials and Agencies for RP Implementation Personnel/ Administrative Roles and Financial Powers Agency Responsibilities PIU Chief • In charge of the overall project • Will be authorized to Project activities. make any additional Officer • To decide on all policy matters changes without regarding LA and R and R. having to refer to the • Participate as a member secretary in Steering committee, the State level Committees to provided the amount facilitate land acquisition, pre- is within the budget construction activities, and implementation of R & R activities. • Authorized to take decision in financial matters within the provided budget. 59

Personnel/ Administrative Roles and Financial Powers Agency Responsibilities Project • Overall in charge of day to day • To approve awards Director activities of LA and R and R. above Rs.50 lakhs to • Participate in State and District level Rs. One Crore. meetings to facilitate LA and R & R • To approve of Rand activities. R assistance above • Responsible for contracting NGOs One lakh. and Monitoring consultants. • Periodic appraisal of progress and reporting to the Asian Development Bank and the Government on monthly basis. SDRC Chief • Responsible for all R & R activities • To approve Administrati • Coordinate the implementation of R payments for R & R ve Officer & R activities with PIU, field staff, assistance up to Rs. engineering and revenue officials. One lakh per • Approve of micro plans prepared by individual. the NGOs for implementing RP. • Monitor the progress of R & R activities and LA carried out by the NGO and Monitoring Consultants. • Hold periodic meetings on R & R implementation and report to the PD and CPO. • Provide advisory support to PIU for monitoring of RP implementation. Assistant • Assist CAO in the implementation of • No financial powers Director R & R activities. Social • Coordinate training for PIU and Welfare NGOs for capacity building to implement R and R. • Facilitate development of resettlement sites and agriculture land. • Participate in the allotment of residential and commercial plots to the DPs. • Liaison with district administration and line departments for dovetailing government schemes for income generating activities to DPs. • Participate in the meetings of Grievance Redressal Committee. Manager R • Coordinate implementation of R & R • No financial powers and R activities with PIU and field staff. • Facilitate the appointment of external agency for monitoring activities to be taken up by the implementing NGO. • Assist CAO to perform R & R activities.

• Review the work in finalization of

resettlement site development.

• Prepare monthly progress report for the SDRC and Land Acquisition. • Monitor the R & R report and submit to CAO and PD.

Personnel/ Administrative Roles and Financial Powers Agency Responsibilities LAND Special DC • Coordinate Land acquisition process • To approve awards ACQUISITI Land with Tahsildar at field. up to Rs.50 lakhs, ON Acquisition • Prepare guidelines and procedures to be adopted for land acquisition. • Interact with District officials and other stakeholders to speed up the land acquisition process. • Monitor land acquisition and report progress to CPO and PD. Assistant • Assist CAO and Sp. DC LA to • No financial powers Commission perform R & R and Land Acquisition er-LAO activities. • Make budgetary provisions Tahsildar • Overall responsible for land • No financial powers acquisition as land acquisition officer. • Coordinate the preparation of Land Plan Schedules with Consultants and monitor the same. • Facilitate the preparation and submission of Section 15 notification under KHA for land acquisition. • Prepare progress report on physical and financial monitoring of LA and submit to DC LA. FIELD UNIT Executive • Participate in District level meetings. • No financial powers Engineer • Oversee the process of implementation of RP in the field. • Ensure the preconstruction work is done before handing over site to contractor. • Oversee the process of land acquisition, shifting of CPRs and other assets in the field. • Scrutinize and certify the structures valuation report submitted by the valuators. • Coordinate selection of resettlement site. • Conduct periodic review with staff • Submit monthly progress reports to PD on R & R activities. Assistant • Responsible for pre construction • No financial powers Executive work in his jurisdiction. Engineer • Finalization and demarcation of COI. • Coordinate with NGO/Monitoring consultants and SDO to carry out R & R activities.

• Coordinate with valuers for

preparations of estimates. • Support SDO/NGO for selection of resettlement site. Social • Overall responsible for R & R No financial powers Developme activities in the field nt Officer • Liaison with District administration 61

Personnel/ Administrative Roles and Financial Powers Agency Responsibilities and line departments for dovetailing government schemes. • Make budget provision for R & R activities • Participate in allotment of sites to DPs. • Coordinate with NGO/Monitoring consultants for implementation of R&R. • Facilitate opening of Joint Accounts for DPs for transfer of R & R assistance through cheque. • Coordinate to disseminate the R & R policy in local language. • Facilitate public consultation on R & R Policy with NGO/ Revenue/ PWD officials. • Organize meetings with NGOs to review progress at district level and submit to R & R Manager and CAO at PIU. Social • Responsible for maintaining the R & • No financial Welfare R work at division wise. powers Inspectors • Assist NGO for selection of resettlement site. • Assist Monitoring Consultants /NGO to conduct training for DP on IGA • Coordinate with SDO/EE at field level for disbursement of R & R assistance. • Ensure all eligible DPs are awarded compensation. • Attend monthly meeting at district level and submit monthly progress report to R & R Manager and ADSW. DATABASE Data • Responsible for maintaining the • No financial Manageme database of the DPs. powers nt Specialist • Responsible for maintaining the database of overall physical and financial progress. • Coordination of the database for SDRC. • The implementation of R & R activities by NGOs to be maintained. • Provide necessary formats for collection of field information. • Coordinate with SDRC to prepare and maintain the progress report. • Maintain the records of grievance redressal committee. • Coordinate the inputs of data from North and South Divisions. • Identify discrepancies in disbursement.

Personnel/ Administrative Roles and Financial Powers Agency Responsibilities EXTERNAL NGO (2) • Responsible for providing PIU • No financial AGENCIES support for implementation of RP. powers • Verification of DPs. • Distribution of ID cards. • Preparation of micro plans. • Dissemination of information. • Assist to DPs to avail R & R assistance and compensation. • Identify site for relocation for CPRs. • Identify resettlement/vendor market sites. • Identify training needs and provide the same. • Facilitate in opening joint accounts. • Enable DPs to identify alternate sites for house/shop • Assist DPs to relocate. • Provide monthly progress reports on implementation Monitoring • Conduct monitoring of RP • No financial Consultants implementation activities. powers • Conduct internal, external and concurrent monitoring. • Provide early alert to PIU to redress any potential problems. • Monitor target achievements and slippages. • Certification of readiness from LA and R & R view at the time of issuing bid documents and award of contract. Grievance • Support DPs in resolving issues • No financial Redressal related to R & R and LA. powers Committee. • Record grievance and resolve them within stipulated time. • Inform PIU about any serious cases. • Report to the aggrieved parties about the decisions of the PIU. Negotiation • Negotiate the consent price of land • No financial Committee. powers

12.7 Competent Authority for various Approval 165. The table below identifies the competent Authority for various approvals during implementation. Table 12-2: Competent Authority for Approvals Approvals Required Competent Authority Approval for LA awards Special DC LA and PD, PIU; Notification by Government Approval for Roles and Responsibilities for SDRC Steering Committee officials and staff R & R Policy/ Entitlements and amendments to Government Policy 63

Approvals Required Competent Authority RP and Budget Steering Committee Changes in R & R Policy/RP implementation and Government entitlements Consultants/NGOs output CAO Fixing compensation rate Price Negotiation Committee – District level Approval for issue of ID cards CAO PIU jointly by Engineers/ Revenue /NGO. Approval of disbursement of Assistance CAO; PD Approval for structure valuation with land Preparation By Divisional EE/ valuators and approval by PD and Special DC LA Approval for structure valuation without land Preparation By Divisional EE/ valuators and approval PD Approval for shifting and relocation of community Estimate preparation by Divisional EE and assets approval by PD Approval for requirement of Resettlement site , CAO, PD vendor market for AFs Approval for any grievance related to R & R Grievance Redressal Committee

12.8 Implementation support by NGOs 166. The work of the NGO will include consultations and counseling of DPs, encouraging DPs for productive utilization of compensation and rehabilitation grants, facilitating DP access to income generating assets, increasing the social acceptability, ensuring effectiveness of training programs organized for DPs electing participation in self- employment schemes etc., The SDRC has to ensure that the NGO has sufficient experience in implementation of resettlement project, especially in Karnataka and it has to have adequate manpower. Two NGOs will be hired, one for North Karnataka and on efor South Karnataka. 167. The NGO will work as a link between the PIU - SDR Cell and the affected community. They will educate the DPs on the need to implement the Project, on aspects relating to LA and R & R measures and ensures proper utilization of various compensations extended to the DPs under the R & R entitlement package. The tasks of the NGO will be to facilitate the resettlement process. Its broad objectives will be: 1. Identification, verification and updating of DP Census, Includes verification of properties of DPs and estimation of their type and level of losses for the preparation micro plans and ID Cards. 2. Develop micro plans in consultation with the DPs and PIU staff. . 3. Educate DPs on their rights, entitlements, and obligations under the RP; Assist the DPs to identify suitable alternate land for resettlement purposes; 4. Preparation and Distribution of Entitlement cum Identity Card. All eligible project displaced households will be issued Identity Cards, giving details of the type of losses and type of entitlements. 5. Ensure that DPs receive their full entitlements; Where options are available, the NGO will provide advice to DPs on benefits of each option; Assist the DPs in getting benefits from various government development programs; 6. Rehabilitation of Affected Households and restoration of Income and Livelihood. The NGO will help the communities derive maximum benefits out of the project without losing their livelihoods and the least impact on socio-cultural aspects of their lives.

7. Assist DPs on grievance redressal through the established system; and 8. Will relocate DPs. Assist PIU in making arrangements for the smooth relocation of the DPs; No Physical relocation from agriculture land, residential units, commercial establishments or other immovable properties will begin before alternate arrangements are made. 9. Any other responsibility that may be assigned by the PIU for the welfare of the affected communities. 168. In order to carry out the above tasks, NGO staff will be stationed in the site offices. Besides contacting the DPs on an individual basis to regularly update the baseline information, group meetings and village-level meetings will be conducted by the support agency on a regular basis. The frequencies of such meetings will depend on the requirements of the DPs but should occur at least once a month. The support agency will have to encourage participation of individual DPs in such meeting by discussing their problems regarding LA, R & R and other aspects relating to their socioeconomic lives. Such participation will make it easier to find a solution acceptable to all involved. The TOR for the NGO is given in Annex 7.

12.9 Database Management 169. A census database has been created by the consultants. This database will be transferred to the SDRC, for upgrading and further use. The main purpose of the database and use will be to (i) track progress of R & R implementation (ii) for determining the entitlements to be paid; (iii) track pending entitlements and amounts; (iv)organizing outputs for periodical reports and other project requirements; and (v) establishing input formats . The Database consultants will be responsible for (i) modifying the input/ output formats to the project requirements;(ii) Training of SDRC staffs and other field level staffs ;(iii) aid the NGO in finalizing the entitlements of each DPs and DHs; (vi) provide for decision making at the PIU;(vii) Monitor and regulate the land acquisition, distribution of compensation and assistance, grievance redressal and financial progress. In which the SDRC will hire database management consultants for the management, monitoring and updating of the data. The database consultants will need to depute data entry operators in the offices of the Assistant Commissioner. The data in the HQ will be updated based on the information sent by the division office. The database will be developed to suit the requirements of implementation and monitoring payments. The database information will be made web enabled (based on consultation with SDRC). 65

13. IMPLEMENTATION SCHEDULE

13.1 Coordination with civil works and certification 170. The resettlement program will be co-coordinated with the timing of civil works. The required coordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared COI sections to project contractors. The project will provide adequate notification, counseling and assistance to affected people so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation. The implementation schedule provides the key benchmarks of implementing the RP. All other activities related to implementation and land acquisition will be undertaken simultaneously. 171. Actions to be completed before prior to bid and award of contract include: (i) Resettlement Plan should have been approved by the GoK and Bank for respective roads; (ii) the RP should have been disclosed in the web site and other public places accessible to the local people ;(iii) the first notification for private land acquisition should have been issued; and (iv) the issue of identity cards to eligible project affected households should have been completed. The actions to be completed prior to handing over of the first milestone stretches to the contractor includes: (i) The private land acquisition should have been completed and compensation offered to the land owners for Section 1; (ii) The Government land should have been transferred or no objection should have been obtained from the land owning agency for Section I; (iii) The community assets should have been replaced in Section 1 and (v) the remaining land acquisition, R & R assistance and relocation of community assets for second milestone should be completed within 6 months of award of contract and prior to handing of the site to the contractor. 172. It is the responsibility of the PIU to ensure that the RP is successfully implemented in a timely manner. The implementation schedule needs to be updated periodically and monitored judiciously. The completion of R & R activities will be certified by the MandE consultants. Resettlement and Rehabilitation is complete only when the following criteria are met: a. All legal compensation both for land and structure must be paid; b. At least 100% must have received compensation; c. All eligible DPs must have alternative house and economic rehabilitation must be complete; d. At least 80% of all eligible DPs must have started their new economic activity; e. All project affected common property resources must be replaced and re- established. f. Implementation of the remedial measures arising out of impact evaluations must be complete.

13.2 Implementation Schedule and Timing of Resettlement 173. During project implementation, the resettlement program will be co-coordinated with the timing of civil works. The required coordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of

66 cleared COI sections to project contractors. The project will provide adequate notification, counseling and assistance to affected people so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation. This provides the key benchmarks of implementing the RP. All other activities related to implementation and land acquisition will be undertaken simultaneously. After signing of contract the contractor will start his works in Section I, followed by Section II. 174. The proposed consideration of time to be taken for Land Acquisition under the KHA, after the issue of Section 15 notification is 6 months. 175. The time taken for the implementation for the RP will be two years. Resettlement planning and updating of studies will be a continuous process throughout the project. The PIU will coordinate these efforts to assure that RP implementation and phasing is appropriately sequenced with designs and civil works. 176. The resettlement process must be completed before the start of civil works. PIU has clear the COI and resettle DPs located within the COI, before the civil work starts on any section of the project road. DPs will be given at least three months notice to vacate their property before civil works starts. The civil works schedule needs to be dovetailed into the land acquisition and resettlement implementation schedule. The LA and R & R Implementation schedule is given below: Table 13-1: R & R Implementation Schedule

13.3 Capacity Building and Training 177. The capacity building and training of the PIU/SDRC is important for successful and timely implementation of RP. To enhance capabilities, the SDRC staff will be given in house training periodically (once in six months at least). All SDRC officers and staff have to attend training programmes. Training will cover techniques in conducting participatory rural appraisal for micro-planning, conducting census socioeconomic surveys, dissemination of information, community consultation and progress monitoring and evaluation. In house training will be carried out by professional identified by the PIU. Local institutes such as the Indian Institute of Management, Institute for Social and Economic Change and private consultants can be identified for training. Table 13-2: In house Training programme Staff Training Module PIU CAO; DC LA; ADSW ; R & R Policy, National State, Asian Development Banks; R & R Manager; SDO ; Socioeconomic and Census Survey ; Checklist for R SWI and R; Implementation Schedule ; Training Needs Assessment ;Monitoring indicators; Dissemination of information ; Preparation of RP, LAP, Disbursement method, disclosure of documents; Best practices of other R & R projects FIELD EE; AEE; Revenue Measurement of structures; Valuation procedures; Resettlement site selection; Minimizing resettlement; preparation of LAPs, Disbursement method.; Shifting of CPRs EXTERNAL NGOs; Monitoring Government schemes; Disbursement methods; public Consultants consultation; income generating activities.

14. MONITORING AND REPORTING

14.1 Monitoring 178. Monitoring involves periodic checking to ascertain whether activities are going according to the plan. It provides the feedback necessary for project management to keep the programmes on schedule. Monitoring provides both working system for project managers and a channel for the resettles to make known their needs and their reactions to resettlement execution. Monitoring exercise will be undertaken both internally and externally. 179. While SDRC/PIU on monthly basis will carry out the project’s internal monitoring and external agency will be appointed for third party monitoring. Indicators, which will be monitored during the project, may be divided into two categories. • Process and output indicators or internal monitoring • Outcome/impact indicators or external monitoring 180. Monitoring is essentially an exercise in strategic learning that can and should be used for enhancing the quality of RP implementation. There are two types of monitoring being undertaken namely (a) Internal, which is normally carried out by the project authority itself and (b) external or independent monitoring by an external agency.

14.2 Internal monitoring 181. The internal monitoring is a conventional monitoring of government related to physical factors such as, number of households affected, resettled, assistance extended infrastructure facilities provided, etc. and other financial aspects, such as compensation paid, grant extended, etc. the internal monitoring must be simultaneous with the implementation of the Rehabilitation Plan. 182. The objectives of the internal monitoring are: (i) Daily Operations Planning; (ii) Management and Implementation and (iii) Operational Trouble shooting and Feedback. The periodicity of internal monitoring could be daily or weekly depending on the issues and level.

14.3 External monitoring 183. An external monitoring agency will be appointed to monitor R & R programmes on semi- annual basis. It should also bring the difficulties faced by the DPs to the notice of PIU so as to help in formulating corrective measures. As a feedback to the PIU and other concerned, the external agency should submit semi-annual reports on progress made relating to different aspect of R and R. The reports will be disclosed on ADBs website. The agency will also certify the completion of LA and R & R activities for issuing bid documents and award from LA and R & R point of view. 184. The objectives of the external monitoring are: • To track resettled and host population over time in order to document the restoration of incomes and standard of living. • Determine remedial action if required. • If income and standard of living of the DPs has at least been restored and has not declined. 69

• In case of host population, whether income and standard of living of host population have not declined due to influence of resettlers. • Whether resettlers and host population has re-integrated with each other. Table 14-1: Monitoring Indicators for Physical Progress Monitoring % against Implementation Revised Progress Indicators for Cumulative Revised Sl. No. Target Implementatio This Physical Progress Implementation (Nos) n Target Month Progress Target Land 1 Acquired- 1.30 A private Land 2 transferred – 0.00 A Government Compensatio n for loss of 3 Commercial 1 structure to title holder. Shifting assistance to 4 1 Title holder for commercial Subsistence allowance for 5 commercial 1 structures for titleholder. Alternative shop/or IGA for 6 1 commercial structure (owner) Commercial tenants to be 8 1 paid rental allowance Shifting 9 assistance for 1 tenants Income generating 10 Assets for 1 Commercial tenants. Commercial 11 Structure for 1 squatters Shifting allowance for 12 1 commercial squatters Commercial 13 squatter for 1 shop or IGA 14 Subsistence 1

Monitoring % against Implementation Revised Progress Indicators for Cumulative Revised Sl. No. Target Implementatio This Physical Progress Implementation (Nos) n Target Month Progress Target allowance for commercial squatters Vulnerable 15 24 groups 16 Cattle Shed 0

Table 14-2: Financial Indicators for Progress Sl . Monitoring Indicators for Implementation Total Cost Progress Unit Cost N Physical Progress Target (in Rs.) This Month o. Rs. 1 Land Acquired- private 1.30 Acres 2,470,000.00 per ha. Land transferred – 2 0.00 Government Allowance for those losing 3 26 20,000.00 land 4 Commercial site (owner) 1 50,000 Pucca housing (Area in Sq 5 1205.57 800 ft.) Semi Pucca (Area in Sq 6 861.12 600 ft.) 7 Kutcha (Area in Sq ft.) 301.39 350 8 Commercial site (squatter) 1 30,000 EWS House 9 construction(Non 0 40,000 Titleholder) House construction 10 0 40,000 (owners) Shifting Allowance(Non 11 1 10,000 titleholders) Subsistence Allowance 12 1 11,000 (Non titleholders) Subsistence Allowance 13 1 30,000 (Owners) Shifting 14 1 10,000 Allowance(Titleholders) Economic generating 15 2 75,000 asset(owner/tenant) Economic generating 16 1 30,000 asset (squatter) Rental Value for 17 1 9,000 Commercial tenent. 18 Training for DP 2 15,000 19 Vulnerable groups 24 25,000 20 Group Entitlement (kms) 13.46 15,000

Table 14-3: Monitoring Of GRC Sl. 1st 2nd 3rd 4th Particulars No. Quarter Quarter Quarter Quarter 1 No. of cases referred to GRC 2 No. of cases settled by GRC 3 No. of cases pending with GRC 4 Average time taken for settlement of cases 5 No. of GRC meetings 6 Number of DPs moved to court 7 No. of pending cases with the court 8 No. of cases settled by the court 9 No. of GRC meetings

Annex 1: Typical Road Cross Section 73

74 75

Annex 2: Details of Community Assets

Community Asset details of Link T13 (Jagalur-NH-13)

Total Affected Sl. Typeof Other Owner Chainage Side Village Structure Structure No. Asset Asset Type (Sq m) (Sq m) 1 0.030 LHS Jagalur Temple Community 36.00 30.00 0.100 RHS Public 28.00 16.00 2 Jagalur Aralikatte Trust 0.730 LHS Hand 10.50 2.25 3 Jagalur Panchayat Pump 1.345 LHS Pump 13.50 2.25 House 4 Jagalur Others Panchayat & Bore Hole 2.830 RHS Bus 70.00 28.00 5 Udagatta Panchayat Stand 3.630 LHS Mudakadahalli Bus 52.50 7.50 6 Panchayat Cross Stand 3.670 RHS Hand 12.00 2.25 7 Mudakadahalli Panchayat Pump 6.960 RHS Bus 45.00 20.00 8 Kamagetanahalli Panchayat Stand 6.970 LHS Hand 12.00 2.25 9 Kamagetanahalli Panchayat Pump 7.040 RHS Pump 13.50 2.25 House 10 Kamagetanahalli Others Panchayat & Bore Hole 8.200 RHS Pump 12.00 2.25 House 11 Brahmasamudra Others Panchayat & Bore Hole 12 9.065 LHS Donehalli Temple Community 36.00 16.00

Community Asset Details of link T17 (Molakalmur-SH19)

Total Affected Sl. Typeof Other Owner Chainage Side Village Structure Structure No. Asset Asset Type (Sq m) (Sq m) 1 0.350 LHS Molkalmur Temple Community 40.00 60.00 2 0.740 LHS Molkalmur Temple Community 20.00 4.00 3 0.770 LHS Molkalmur Others Stage Community 32.00 8.00 4 2.770 RHS Molkalmur Temple Community 97.50 71.50

Annex 3: Census and Community Asset Survey Schedules

Census Survey Schedules

PART 1

ASSET INFORMATION

Q.No. ______

Name of the Investigator: ______Date: ______

1.0 GENERAL IDENTIFICATION

1.1 Corridor Name 1.2 Corridor No

1.3 Link Name

1.4 Link No

1.5 Chainage

1.6 Side (LHS/RHS)

1.7 i) District

ii) Taluk

iii) Village/Town

1.8 Name of the owner

1.9 Name of the Respondent

1.10 Type of likely loss

1. Residential 2. Commercial 3. Residential cum Commercial

4. Office 5. Cattle Shed 6. Agricultural land 7. Farm House 8. Boundary Walls 9. Water bodies 10. Institutions 11. Livelihood / Income 12. Others (sp.)

Location: 1.Rural 2.Semi Urban 3.Town 4.City 5. Industrial

2.0 STRUCTURE IDENTIFICATION

2.1 Sl.No. of the Structure : ______

2.2 Address of the Structure : ______

2.3 Status of Occupier (Tick in the appropriate box)

Owner Legal Non-title holders Vacant Tenant

Squatter Encroacher

2.4 Ownership (Tick under appropriate type and enter the no. of households under the same)

Private Government Trust Community

Type of ownership

2.5 Do you have legal document of

Structure 1. Yes 2. No RTC No. Sub No.

Agricultural land 1. Yes 2. No RTC No. Sub No.

(to be asked only to the owner) (If yes, ask for the legal document and check it with the Village Accountant)

3.0 PROOF OF RESIDENCE

3.1 Do you own a ration card? 1. Yes 2. No

Green Red Yellow (Please verify the category of card: APL/BPL/ Others ______) 3.2 If yes, Card No. ______

3.3 If Yes, since how long (only year) ______

4.0 TYPE OF CONSTRUCTION

4.1 MEASUREMENT OF THE STRUCTURE

(In Sq m)

OFFSET FROM EXISTING OFFSET FROM EDGE OF ASSET UP

CENTRAL LINE TO AREA GETTING AFFECTED

LAND STRUCTURE LAND STRUCTURE Starting Metre Ending Metre Width Total Area (in sq. m)

4.2 STRUCTURE DETAILS Plinth Area Total Area being Sl.No Type of structure Length Width affected (in Sq m)

1 Type A (With RCC roof/ Stone/Brick work in Cement Mortar and plastered with cement mortar, Class II woodwork with fixtures, Mosaic/Polished slab flooring with water supply, sanitary and electrical works. 2 Type B (With RCC roof, Stone/Brick work in Cement Mortar and plastered with cement mortar/ Class II wood work with fixtures, cement concrete flooring with water supply, sanitary and electrical works. 3 Type C with Mangalore tile roof, Stone/Country Brick work in Cement Mortar and plastered with cement mortar, ordinary woodwork fixtures. Flooring …………..(specify) with water supply sanitary and electrical work. 4 Type D with AC/GI sheet roof, Stone/Country Brick work in Mud Mortar and plastered with Cement Mortar, ordinary wood work fixtures flooring……………….(specify) with water supply sanitary and electrical work. Type E with Stone/Country Brick/Mud 5 walls ordinary slab flooring with ordinary wood work doors, roofing with slab/sheets 6 Type F with stone slab/GI sheet for walls with Mud flooring, Thatched roof

Plinth Area Total Area being Sl.No Type of structure Length Width affected (in Sq m)

7 Type G with Tatti walls with thatched roof mud flooring 8 Type I Wooden Box 9 Type J only Basement 10 Type K Up to lintel level

4.3 SITE MEASUREMENT

Sl. Width Total Area Area Length No. (in Sq. m) 1 Built up area 2 Open Space 3 Total Area

4.4 BOUNDARY WALL DETAILS

Sl. Boundary/Compound wall Width Total Area No. Length (in Sq. m) 1 Barbed wire fencing 2 Stone Masonry 3 Brick/Stone Masonry 4 Mud Wall 5 Others (Specify)

4.5 GATE DETAILS

Sl. Length (in m) Height (in m) No. 15. Type of Gate 1 M.S 2 Wooden 3 Others

4.6 Diagram of the Structure (Rough diagram with dimension – Not to Scale)

4.7 No. of Floors

Ground Ground+1 Others Total Floor Area (all floors) (Sq. m)

4.8 DETAILS OF STRUCTURE IN ROW Give the following details

Sl.No. TYPE OF STRUCTURES IN ROW*

* 1. Pucca 2. Semi-Pucca 3. Kutcha

5.0 WATER SOURCES GETTING AFFECTED

Sources (in No.) User (use code)* Units to be acquired Dug Wells Tube Wells LI Points *[1. Domestic 2. Agriculture 3. Industrial 4. Others (to be specified)]

6.0 TREES COMING WITHIN LAND AREA TO BE ACQUIRED

Trees to be acquired Species - Type (In nos.) Fruit bearing Fodder Fuel wood

185. (PHOTOGRAPH TO BE ATTACHED – STRUCTURE ALONG WITH HEAD OF HOUSEHOLD/ RESPONDENT)

PART – II

HOUSE HOLD SCHEDULE (FOR OWNERS, SQUATTERS, ENCROACHERS)

1.0 HOUSEHOLD IDENTIFICATION

1.1 Name of the head of the HH: ______1.2 Name of the Respondent: ______

2.0 SOCIAL GROUP PARTICULARS

2.1 Religious Group

1. Hindu 2. Muslim 3. Sikh

4. Christian 5. Jain 6.Others (specify)______

2.2 Social Stratification:

1.SC 2.ST 3.Others (General)

2.3 Caste ______

3.0 Indebtedness Please indicate your borrowings during last one year

Source Reason for Amount Borrowed Borrowing (in Rs.) Bank Private Money Lender

Friends/Relatives

Others (Specify)

4.0 DETAILS OF HOUSEHOLD ASSETS OWNED Do you own any of the following?

1. Colour TV 1.Yes 2. No.

2. Refrigerator 1.Yes 2. No.

3. 2-Wheeler/4-Wheeler 1.Yes 2. No.

4. Cooking gas (LPG) 1.Yes 2. No.

5.Telephone 1.Yes 2. No.

5.0 DETAILS OF AGRICULTURAL EQUIPMENTS OWNED

Do you own any of the following?

1. Tractor 1.Yes 2. No.

2. Bullock carts 1.Yes 2. No.

3. Harversters 1.Yes 2. No.

4. Sprayer 1.Yes 2. No.

5. Others (Specify) 1.Yes 2. No.

6.0 DETAILS OF HOUSEHOLD MEMBER(S) WITH DISABILITY

Name of the household Sl.No. Sex Age Nature of Disability member

7.0 HOUSEHOLD PARTICULARS

7.1 Kindly provide the following details.

Sex Relation Total Income (Rs.) Income (Rs.) Sl. Name of the household (Male/ Marital Educatio Occupation with Head of Age No. members Femal Status n Subsidiar Subsidiar Within Outside HH Main Main e) y y COI* COI* 1 2 3 4 5 6 7 8 9 10 11 12 * Corridor of Impact (COI) (Please ensure that the respondent is above 18 yrs

Code for Relation with Head of Household

1. Self 2. Son 3. Brother 4. Son-in-law 5. Brother-in-law 6. Cousin 7. Daughter 8. Wife 9. Daughter-in-law 10. Sister 11. Sister-in-law 12. Mother 13. Mother-in-law 14. Grand Son 15. Grand Daughter 16. Grand Daughter-in-law 17. Grand Son-in-law 18. Niece

19. Nephew 20. Father 21. Others

Code for Marital Status

1. Married 2. Unmarried 3. Divorced 4. Separated 5. Widow 6. Widower 7. Deserted

Code for Education

1. Illiterate 2. Just literate 3. Primary (up to 4th) 4. Middle (5th, 6th, 7th) 5. Secondary (8th, 9th, 10th 6. Intermediate (12th pass) pass) 7. Graduate 8. Post Graduate 9. ITI/ Diploma

10. Engineer 11. Doctor 12. Others (specify)

Code for Occupation

1. Agriculture 2. Agriculture labour Allied agriculture activities (e.g. dairy, poultry, goatery, piggery, sheep rearing etc.) Service HH industries (specify) Commerce/Trade Professional (doctor, engineer, etc.) Skilled labor (welders, fitters, turner, plumber, electrician, mechanic, mason, etc.) Artisans (cobbler, etc.) Others (Specify)

8.0 LAND UTILISATION

8.1 Kindly give the details of landholding (applicable in case of acquisition of land) Kindly check up the ownership of land with the land records available with the respondents.

(Unit in Sq. m) Wet Type Dry Land Garden Land Total Land 1. Total land owned

2. Land Proposed to be acquired

3. Remaining land

8.2 AFFECTED CATEGORY (Tick the appropriate category)

1 Title Land 2 Tenancy Land 3 Encroached Land 4 Bagar Hukum

8.3 LAND UTILISATION FOR AGRICULTURAL ENCROACHERS

Total area of encroached land

Type of crop grown

8.4 MARKET VALUE

Please provide the current market value of the land likely to be affected.

8.5 CROPPING PATTERN (Only in Case of Bypasses and Realignments) Kindly give the following details Income from Area Cultivated Rate Crop Yield land which is Season Sl.No. (in Name (Qtls/Acre) likely to be Irrigated Dry Rs./Qtls) acquired Kharif 1

3 Rabi 1

3 Summer 1

3 87

16. PART-III

FOR OWNERS and SQUATTERS (Only in case of the total loss of the structure)

1.0 STRUCTURE

RESIDENTIAL

1.1 Is your house electrified 1. Yes 2. No

1.2 Do you have piped water connection? 1. Yes 2. No

1.3 If no, what is your source of drinking water?

a) Open Well b) Bore Well c) Piped Water d) Others (Specify) ______

COMMERCIAL

1.4 What type of business you are doing?

1. Tea Stall 2. Grocery 3. Garments 4. Cloth Shop 5. Medical Store 6. Auto repair 7. Auto spare parts 8. Sweet Stall 9. Eatery (Dhaba) 10. Fruits and 11. Only fruits 12. Only vegetable Vegetable 13. Snacks 14. Pan/Cigarette 15. Bicycle repair 16. Tyre repairing 17. Tailoring 18. General Merchant 19. Clinic 20. School/College 21.Motel/Hotel 22. Electrical goods 23. Barber 24. Bakery 25. Others (specify)

1.5 Do you have any assistants/employees to help in the business? 1. Yes 2. No

1.6 If yes, how many? (in nos.) ______

1.7 What is your net income/year ? Rs. ______

PART IV

17. FOR TENANTS

1.0 RESIDENTIAL

1.1 Name and Address of the Owner ______

1.2 Name and Address of the Tenant ______

1.3 How long are you residing in this place (in years)? ______

1.4 How much rent you pay (in Rs.)? ______

1.5 Do you have a Rental Agreement ? 1. Yes 2. No

COMMERCIAL

1.6 Name and Address of the Owner ______

1.7 Name and Address of the Tenant ______

1.8 From how long you are running business in this structure (in years)? ______

1.9 How much rent do you pay/month? Rs. ______

1.10 Do you have a Rental Agreement ? 1. Yes 2. No

1.11 Do you have any helping hand? 1. Yes 2. No

1.12 If yes, how many (in Nos.)? ______

1.13 What type of business you are doing? ______

1. Tea Stall 2. Grocery 3. Garments 4. Cloth Shop 5. Medical Store 6. Auto repair 7. Auto spare parts 8. Sweat Stall 9. Eatery (Dhaba) 10. Fruits and 11. Only fruits 12. Only vegetable Vegetable 13. Snacks 14. Pan/Cigarette 15. Bicycle repair 16. Tyre repairing 17. Tailoring 18. General Merchant 19. Clinic 20. School/College 21.Motel/Hotel 22. Electrical goods 23. Barber 24. Bakery 25. Others (specify)

1.14 Usage of structure? 1.Shop 2.Godown 3.Workshop 4.Office

1.15 Turnover per month? Rs. ______

PART – V EMPLOYEES IN COMMERCIAL ESTABLISHMENTS Employee No.1 1. Name ______

2. Address ______

3. Age (years) ______

4. Sex M F

5. Working Full time Part-time

6. Education ______

7. Income (Rs.) ______

8. Any other source (specify) ______

9. Any other income generating skill known ______

Employee No.2 1. Name ______

2. Address ______

3. Age (years) ______

4. Sex M F

5. Working Full time Part-time

6. Education ______91

7. Income (Rs.) ______

8. Any other source (specify) ______

9. Any other income generating skill known ______

Employee No.3 1. Name ______

2. Address ______

3. Age (years) ______

4. Sex M F

5. Working Full time Part-time

6. Education ______

7. Income (Rs.) ______

8. Any other source (specify) ______

9. Any other income generating skill known ______

PART VI

18. EXTENT OF LOSS

(NOT TO BE ASKED BUT TO BE ASSESSED BY THE INVESTIGATOR)

1. Losing Total House 2. Losing Partial House 3. Losing Total House and part of Plot (Aangan or Courtyard) 4. Losing Total Plot and Total House 5. Losing Total Plot and Partial House 6. Losing Partial Plot 7. Losing Total Commercial Structure 8. Losing Partial Commercial Structure 9. Losing Total Commercial Structure and Partial Plot 10. Losing Total Commercial Structure and Total Plot 11. Losing Partial Commercial Structure and Total Plot 12. Losing Total House and Total Commercial Structure 13. Losing Total House, Total Commercial Structure and Total Plot 14. Losing Total House, Total Commercial Structure and Part of Plot 15. Losing Total House, Partial Commercial Structure and Part of Plot 16. Losing Partial House, Partial Commercial Structure and Part of Plot 17. Losing Total House and Partial Commercial Structure 18. Losing Total Commercial Structure and Part of House 19. Losing Total Boundary Wall 20. Losing Partial Boundary Wall 21. Losing Total Agricultural Land 22. Losing Partial Agricultural Land 23. Losing Total Cattle Shed 24. Losing Part of Cattle Shed 25. Losing Water bodies 26. Losing Total Livelihood for Commercial Tenant 27. Others (Specify)

In case the tenancy/ownership is under dispute (legal or otherwise) please make a short note below

Field Supervisor:______Date: ______

Endorsed by:

Revenue Officer:______Date: ______

PWD Officer: ______Date: ______

18.1 Community Asset Schedule

Q.No.: ______

Name of Investigator: ______Date : ______

1.0 GENERAL IDENTIFICATION

1.1 Corridor Name

1.5 Corridor No

1.6 Link Name

1.7 Link No

1.9 Chainage

1.10 Side ((LHS/RHS)

1.11 i) District

ii) Taluk

iii) Village/Town

1.12 Name of the owner

1.9 Name of the Respondent

2.0 STRUCTURE IDENTIFICATION

2.1 Sl. No. of the structure :______

2.2 Address of the structure: ______

2.3 Tick the relevant community asset affected:

Primary High school Anganavadi Samadhi College (C ) Mosque (M) school (PS) (HS) (A) (S) Temple (T) Shrine (SH) Primary Health Community Aralikatte Hospital (H) Center Hall/Club (CH) (AK) (PHC/PHU) Bus stand Grazing land Well (W) Handpump (HP) Irrigation (IP) Pond (P) (BS) (GL) Points Mini Water Others Supply tank including (MWS) cultural 95

properties (SPECIFY)

2.4 Type of Ownership Tick the relevant box

Private Government Panchayat Pvt. Trust Public Trust Community

2.5 Measurement of the structure

OFFSET FROM EXISTING OFFSET FROM EDGE OF ASSET CENTRAL LINE (in Sq m) UP TO AREA GETTING AFFECTED (in Sq m)

LAND STRUCTURE LAND STRUCTURE

Starting Metre Ending Metre Width Total Area (in sq. m)

2.6 What is the approximate location of the community asset?

1. In the beginning 2. Central part 3. Towards End

2.7 Diagram of the structure

2.8 Please attach a photograph of the structure with the assigning number.

Annex 4 : Details of Land Acquisition Land Acquisition Owner Details of Link T13 Area in Acre-Gunta % of Sl. Survey Affected Total Village OwnerName Affected No. No. Area Area Area Dodda Guddappa S/o 1 Jagalur 31/1 Havinakatappa and 0.01 11.16 0.09 Others Nagaraja S/o 2 " 32/1 Hanumanthappa 0.01 14.19 0.07 Hosamane and Others Poornima W/o C.S 3 " 262/2 0.01 4.00 0.25 Chandrashekar

J. Krishnamurthy S/o 4 " 261 Gangappa Jagalur 0.04 20.09 0.20 Gollahatti and Others Siddalingayya S/o 5 Uddagatta 39/1 0.01 7.35 0.14 Rudrayya Sharanappa S/o Baligara 6 " 40/1A1 0.01 1.39 0.72 Shidligappa and Others Parvathamma W/o 7 " 40/4 0.03 2.2 1.36 Veeranna Kallamma W/o Mallappa 8 " 3/1 0.02 3.06 0.65 and Others B.V. Basavaraja S/o 9 " 33 0.01 12.33 0.08 Veeranna B.V. Rajashekarappa S/o 10 " 32/1 0.01 8.13 0.12 Veeranna Sannaveerabadrappa S/o 11 " 32/2 0.02 9.00 0.22 Veerabadrappa

B.V. Shivakirana S/o 12 " 31/1 Veerabadrappa 0.02 7.32 0.27 Maheshwarappa

G. Nagaraja S/o 13 " 31/2 0.01 4.39 0.23 Siddalingappa J.M. Sunanda W/o J.I 14 " 4/6 0.01 0.34 2.94 Umashankar B.V. Basavarajappa S/o 15 " 4/7A 0.02 1.28 1.56 Veerappa and Others

Yashodarareddy S/o 16 " 4/8 Satyanarayanareddy and 0.05 3.01 1.66 Others 97

% of Sl. Survey Affected Total Village OwnerName Affected No. No. Area Area Area U.N. Thippeswami S/o 17 " 4/9 0.06 2.07 2.90 Shivasale Nagappa U.N. Thippeswami S/o 18 " 10 0.14 0.17 82.35 Shivasale Nagappa Nagappa S/o Obappa 19 " 9 0.02 2.26 0.88 and Others Devendrachari S/o 20 " 13/2 0.01 6.02 0.17 Gangannachari

21 Kamagethanahalli 7/1 Thippanna S/o Thippanna 0.04 5.14 0.78

G.R. Veerasha S/o 22 " 26/2 0.04 2.00 2.00 Savithramma and Others G. Rudramuniyappa S/o 23 Donehalli 185/1 0.01 4.30 0.23 Basappa

D.M.Sharanappa Mai. 24 " 1 Ga. D, A Parvathamma 0.06 15.34 0.39 Kanamadagu

Karibasappa S/o 25 " 73/8A 0.02 0.05 40.00 Chenappa Sokke Sannakotrappa S/o 26 " 73/8B Shivasale Basappa and 0.01 0.05 20.00 Others

Annex 5: Structure Details Details of Structure losers - T13 Str. % of Total Affect Str. Str. Sl. Chain Occu. Loss ed Gettin Side Village Name Area No. age Status Type Area g (in Sq (in Sq Affect m) m) ed Basavaraj Commerc 1 0.110 RHS Jagalur S/o Owner 25.00 25.00 100.00 ial Eshwarappa (O) Motor 2 1.460 RHS Jagalur Lakshmana Owner 21.00 35.00 60.00 Room (O) Motor 3 1.480 RHS Jagalur Thimmanna Owner 15.00 20.00 75.00 Room Tippeswamy Squatt Commerc 4 8.920 LHS Donihalli 4.00 4.00 100.00 S/o Jayanna er ial Jayasheela Legal Residenti 5 8.950 LHS Donihalli 7.50 48.00 15.63 Reddy Tenant al Sarojamma Squatt Commerc 6 8.980 RHS Donihalli W/o 10.00 20.00 50.00 er ial Tippeswamy

Details of Structure losers - T17 % of Str. Total Str. Affecte Str. Sl. Chain Occu. Loss Gettin Side Village Name d Area Area No. age Status Type g (in Sq (in Sq Affecte m) m) d Lakshmana Molakal Squatt Commer 1 0.770 LHS S/o 4.00 4.00 100.00 mur er cial Hanumappa Molakal Ramanna S/o Raesiden 2 4.000 LHS Owner 24.00 64.00 37.50 mur Bhimappa tial 99

Annex 6 :List of Participants for Meeting - T13

100

101

102

List of Participants for Meeting - T17

103

Consultation Meetings

Meeting at Donihalli village on 11.07.2010 – Meeting at Donihalli village on 11.07.2010 – Link T13 Link T13

Meeting at Soolenahalli village on 11.07.2010 Meeting at Soolenahalli village on 11.07.2010 – Link T17 – Link T17

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Annex 7 TERMS OF REFERENCE FOR NGO CONSULTANCY FOR IMPLEMENTATION OF RESETTLEMENT PLAN I. BACKGROUND OF THE PROJECT 1. The aim of the project is to improve the performance of the State's road transport sector. The KSHIP Stage I roads have been selected based on the Feasibility Study of State Roads for proposed KSHIP. The PWD has carried out a Poverty and Social Assessment study for 615.03 kms of roads and prepared a Resettlement Plan . Keeping in view the impact to the people due to the implementation of the project, the PIU will require to appropriately resettle and rehabilitate the DPs in accordance with the RP proposed for the purpose. For the implementation of the RP, the PIU will require to appoint local NGO who not only have the experience in carrying out such activities, but also have a better access with the people at the grassroots for effective implementation. II. TASKS 2. The NGO shall play a role of secondary stakeholder in implementation of the RP and in mitigating the adverse effects of the project. The NGO shall remain responsible for the development of a comprehensive livelihood system to facilitate the project affected persons DPs to take advantages of the options available as per the RP. The NGO shall assist PWD in ensuring social responsibilities of the KSHIP, such as, compliance with labour laws, prohibition of child labour, HIV/AIDS and gender issues. The main tasks of the NGO thus appointed will be: 1. Verification 3. All Verification has to be conducted jointly with local SDRC offices 4. (i) The NGO shall undertake joint verification of the project affected persons and shall update the database on the eligible DPs and Displaced households (DHs). The NGO shall verify the information already contained in the RP and the individual losses of the DPs and validate the same and make suitable changes if required. 5. (ii) During the identification and verification of the eligible DPs/DHs, the NGO shall ensure that each of the DPs are contacted and consulted. The NGO shall ensure consultation with the women from the DP households especially women-headed households. 6. (iii) Verification exercise shall include actual measurement of the extent of total property loss/damage, and valuation of the loss/damage/affect along with the SDO. The NGO shall display the list of eligible DPs in prominent public places like Panchayat Offices, Taluk and District Headquarters. 7. (iv) The NGO has to identify any DP, DH or community asset coming within the Right of Way after the cut-off date, and notify the same to the local SDRC office. The NGO shall through consultation remove the DP, DH or community structure from the ROW, and inform them that any project benefits do not apply to them. 105

2. Distribution of Identity Cards 8. After verification the NGO shall distribute Identity Cards to all Project affected persons. The identity card should include a photograph of the DP, the extent of loss suffered due to the project, and the choice of the DP with regard to the mode of compensation and assistance, with necessary household details. The Identity Cards are to be signed by the local Social Development office counter signed by the Assistant Director Social Welfare at PIU. 3. Consultation 9. The NGO shall educate the DPs on their rights, entitlements and obligations under the RP. It shall disseminate information to the DPs on the possible consequences of the project on the communities' livelihood systems and the options available, so that they do not remain ignorant. It shall explain to the DPs the need for land acquisition, the provisions of the policy and the entitlements under the RP. This shall include communication to the roadside squatters and encroachers about the need for their eviction, the timeframe for their removal and their entitlements as per the RP. 4. Prepare Micro Plan 10. The NGO shall prepare Micro plans indicating category of entitlement; alternate livelihood options; land identification; skill up gradation and institutions responsible for training. A separate plan has to be prepared for shifting of community assets. 5. Training and Support for income restoration 11. In addition to providing assistance given in the entitlement package, the NGO shall be responsible for training and assisting the DPs to establish linkages with government programmes. 12. The NGO shall train DPs losing their livelihood, in suitable income restoration programmes, depending on the skills and interest of the DPs. The NGO shall prepare individual Income Restoration Plan, as a part of the Micro Plan for all DPs whose livelihoods are getting affected. The NGO shall explore the potential of employment opportunities with the local contractors, and where ever possible ensure suitable employment with the contractors. This will include providing the list of people wiling to work under contractors and to facilitate these types of jobs to PDPs and local people; 13. NGO shall assist the DP to establish linkage with Financial institutions for facilitating access to credit. 14. Assist the DP to establish linkages with Government departments, district administration, etc., to ensure that the DPs are included in the development schemes, as applicable especially with reference to vulnerable groups such as pension schemes for Senior citizens, schemes for women for women-headed household households, widow pensions, schemes for handicapped persons etc. 15. Link up DPs to Training institutes for imparting skill and management training for enterprise creation and development. For those DPs who are interested in skill upgrading or training for economic generation programmes.

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6. Disbursement of Assistance and delivery of entitlements 16. The NGO shall ensure that DPs obtain their full entitlements under the RP; to ensure benefits due to the DPs under the R & Rpolicy and RP are provided to the DPs. Where options are available, the NGO shall provide advice to DPs on the relative benefits of each option. 17. The NGO shall assist the project authorities in ensuring a smooth transition helping the DPs to take salvaged materials and shift with proper notices. In close consultation with the DPs, the NGO shall inform the SDRC about the shifting dates agreed with the DPs in writing and the arrangements desired by the DPs with respect to their entitlements. 18. The NGO shall assist the DPs in opening bank accounts explaining the implications, the rules and the obligations of a joint account and how he/she can access the resources s/he is entitled to. 19. Ensure proper utilization by the DPs of various grants available under the R & R package. The NGO will be responsible for advising the DPs on how best to use any cash that may be provided under the RP. Emphasis should be placed on using such funds in a sustainable way e.g. purchasing replacement land for that acquired 20. (v)The NGO shall ensure proper utilisation of the R & Rbudget available for each of the packages. It shall identify means and advise the SDO to disburse the entitlements to the eligible persons/households in a transparent manner and shall report to the SDRC/PIU on the level of transparency achieved in the project. 7. Grievance Redressal 21. The NGO shall make DPs aware of the grievance mechanism set out in the RP and shall assist PDPs who have grievances to pursue a suitable remedy. The NGO shall help the DPs to file a grievance application. 22. The NGO shall record the grievance and bring the same to the notice of the Grievance Redressal Committees (GRC) within 7 (seven) days of receipt of the grievance from the DPs. It shall submit a draft resolution with respect to the particular grievance of the DP, suggesting solutions, if possible, and deliberate on the same in the GRC meeting through the NGO representative in the GRC. 23. The NGO shall assist in the GRC process when ever necessary. 8. Identification of sites 24. As part of the RP, eligible AFs will receive alternative sites for residential and commercial structures getting affected. The NGO will identify with PIU and the Revenue Department suitable government land and assist in negotiating its transfer to the DP. Where suitable government land is not available, the NGO will assist the DP to locate a land owner willing to sell his land and will assist in the negotiation of the purchase price. 25. The NGO has to identify the need for Resettlement Centres in consultation with the project affected persons, according to the R & RPolicy. In case the need arises, the NGO shall identify suitable site for the same. The NGO will have to develop Self Help Groups and impact skill training to the affected persons. 107

9. Coordination between DPs and the SDRC 26. The NGO shall develop rapport between the DPs and the SDRC. This will be achieved through regular monthly meeting with both the SDRC representatives and the DPs. All meetings and decisions taken are to be documented. 10. Conduct Public information campaign 27. The NGO shall assist the SDRC to undertake public information campaign at the commencement of the project to inform the affected communities of the project RP, the R & Rpolicy and the entitlement package. 11. Conduct Gram Sabhas 28. The NGO shall ensure that gram sabhas (village level meetings) are held in every village. Besides contacting DPs on an individual basis to regularly update the baseline information, Gram Sabhas will be conducted by the NGO on a regular basis. The frequency of such meetings will depend on the requirements of the DPs, to allow the PDPs to remain up to date on project developments. NGO will encourage participation of individual PDPs in such meetings by discussing their problems regarding LA, R & Rand other aspects relating to their socioeconomic lives. Such participation will make it easier to find a solution acceptable to all involved. 12. Report the Status of PDPs after shifting 29. The NGO shall submit a status report of the PDPs after shifting to the SDRC. 13. Road Safety Awareness 30. The NGO shall conduct Road Safety Awareness to the children of schools and community at large in the villages located along the Project Roads by way of training, distribution of pamphlets and fixing of posters. 14. Assist the PWD in Actions to HIV/AIDS Awareness/prevention Campaigns/Gender/Child Labour 31. Information campaign/advertisement in collaboration with line agencies (such as National AIDS Control Organisation, State AIDS Control Organisation etc.) including provision of signage/hoardings at suitable locations, distribution of vechicle stickers and provision of condom vending machines at suitable locations (rest areas, truck parking lay-byes etc. The Ngo shall assist the PWD to implement these measures including collaborating with line agencies. 32. The NGO shall ensure in collaboration with Engineer that Medical facilities and health checkups which may include detecting STD/AIDS for the workers are provided at the construction camps. 33. The NGO shall assist PWD to ensure that the Contractors comply with applicable labour laws (including prohibition of child labour) and gender issues.

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18.2 III. CONDITION OF SERVICES 34. Two NGOs will be selected for implementation. One for North Karnataka and one for South Karnataka. No NGO should submit for more than one package. 35. The roads for RP implementation will provided to the NGO in a staggered manner. The time line for each of the links for RP implementation will be provided by the PIU. However, the ultimate end date remains the same 1.e two years from the start of signing of the contract. 36. The NGO shall ensure that the RP is implemented in an effective and proper manner. The prime responsibility of the NGO shall be to ensure that each and every eligible PDPs receive appropriate and due entitlement (within the Entitlement Framework). Additionally the NGO shall help the SDRC/PIU in all other matters deemed to be required to implement the RP in its spirit and entirety including activities involving some financial implications. 37. All documents created, generated or collected during the period of contract, in carrying out the services under this assignment will be the property of the SDRC/PIU. No information gathered or generated during and in carrying out this assignment shall be disclosed by the NGO without explicit permission of the SDRC/PIU. 1. Location of NGO 38. In order to carry out the above tasks, employees of NGO are to be stationed in each division as identified by the PIU. Each division office shall have one key person along with support staff. 2. Reporting 39. Reports will have to be submitted, as well as photographs, videotapes etc., taken during the assignment shall be submitted in support of the reports, along with an electronic copy of the documents. All reports should be in English language only. The following documentation have to be submitted. (i) Inception Report 40. The NGO shall submit to the PIU/SDRC an inception report-detailing plan of action, manpower deployment, time schedule, and detailed methodology within 21 days of the commencement of the assignment. (ii) Monthly progress Reports 41. The NGO should also submit monthly progress reports on the activities carried out during that month and proposed activities for the coming month. The monthly progress reports will include data on input and output indicators as required by the SDRC, with work charts as against the scheduled timeframe of RP implementation. All progress reports shall include data on input and output indicators as required by the SDRC. 42. The NGO shall document in full details, the consultation/counselling processes, the process of identification of the resettlement sites, and a full description of the training imparted (or facilitated) as part of the assignment. The progress achieved in land acquisition as per 109

entitlements have to be documented. This documentation shall be submitted to the SDRC as a part of the monthly progress report. 43. Copies of the monthly report have to be submitted to (i) Assistant Commissioner; (ii) Local SDRC and (iii) PIU/SDRC. (iii) Final Report 44. Submit a completion report at the end of the contract period summarizing the actions taken during the project, the methods and personnel used to carry out the assignment, and a summary of supports/assistance given to the DPs. (iv) Records of Meetings 45. All minutes of the meetings for GRC, gram sabhas, between SDRC and DPs etc have to be recorded and submitted to (i) Assistant Commissioner; (ii) Local SDRC and (iii) PIU/SDRC. (v) Record of Grievances 46. All grievances have to recorded and the process of redressal documented and submitted to (i) Assistant Commissioner; (ii) Local SDRC and (iii) PIU/SDRC on a monthly basis. (vi) Submission of Micro Plans 47. All micro plans have to be submitted, with the status of disbursement and payment of compensation, on a monthly basis. Where changes occur during the project requiring changes to the micro level plans, the NGO will update the relevant plans and resubmit them to the (i) Assistant Commissioner; (ii) Local SDRC and (iii) PIU/SDRC.

3. Data, Services and Facilities to be provided by the Client 48. The SDRC/PIU will provide to the NGO copies of the RP, Social Assessment Report , DP database, land acquisition details, and any other relevant reports/data prepared by the Project Preparation Consultants. All facilities required in the performance of the assignment, including office space, office stationery, transportation and accommodation for staff of the NGO etc., shall be arranged by the NGO. 4. Time Schedule 49. It is estimated that the NGO services will be required initially for two years for participating in the implementation of RP. The NGO shall carry out all assigned tasks based on the milestones as set out by the SDRC. 5. Payment 50. All payments will be linked to the completion of tasks as per milestones. As the implementation will be done in a staggered manner, payment will be linked to the completion of links/contract packages, based on the timeline provided by PIU. 51. The payment schedule will be made against outputs as given below. 52. Output Payment Schedule 1. After unequivocal acceptance of Letter of 10% Total Contract value. At the

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Award and submission of inception report end of 1st month form should be completed within 1st Month. commencement of the services. With Bank Guarantee of 10% of Contract value. 2. a) Joint verification of Assets within Corridor 15% Total Contract Value. of Impact of all Packages information, dissemination and distribution of R & RPolicy b) Issue of Identity card for eligible DPs should be completed within 6th Month 3. a) submission of Micro plan for Title Holders/ 20% Total Contract Value. Non Title Holder approval b) Disbursements for 50% of total PAHs. c) Final Data Analysis Report containing additional and or missing Census details. d) Identification of Relocation sites for shifting of DHs/CPRS. Should be completed within 12th Month 4. a) Submission of Micro plan for Title Holders/ 25% Total Contract Value. Non Title Holder approval b) Disbursement of entitlements for 50% of total DHs. Should be completed within 16th Month 5. c) Training and need assessment for income 15% Total Contract Value. restoration. d) submission of monitoring and evaluation schedule of DPs on the implementation of RP Should be completed within 20th Month 6. a) on approval of final report summarizing 15% Total Contract Value. the action taken and other resettlement works to be fulfilled by NGO b) Should be completed within 24th Month 53. Bank Guarantee of 10% Contract Value shall be valid up to time period specified in C 1.2.3 of Special Conditions of contract.

6. Team for the Assignment 54. The NGO shall depute a team of professionals to the site. The constitution of the team and the qualification for the team members is given below: Sl. No. Of No Position Position Qualification . s 1. Team Leader 1 The Team Leader should be a post-graduate, preferably in social sciences. S/he should have about 10 years experience in implementation of R & Rand rural development works. S/he should have held responsible position in the previous assignments should possess participatory management skills. Knowledge of local language is a necessary qualification. The team leader 111

Sl. No. Of No Position Position Qualification . s must have been with the NGO for at least 2 years. In case of Joint Ventures the Team Leader must be from the lead partner 2. Key 5 Should be a post-graduate in social sciences. S/he Professionals should have about 5 years of working experience of which about 2 years in R & Ror rural development projects. Should have sound understanding of the land acquisition process and experience in participatory management. Knowledge of local language is a necessary qualification. One key professional has to have a minimum qualification of Diploma in Civil Engineering. One key professional has to be a woman. One key professional should have about 10 years experience of working in community development and community awareness projects. Should have about 5 years experience in the field of HIV/AIDS. 3. Sub 1 for Should be graduate or equivalent in social sciences with professionals every at least two years field experience. Knowledge of local 100 language and experience of working in the region major desired, One – third must be women. impacte d househ olds 4. Other support One support staff to be provided to each key Personnel professional

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Annex 8

TERMS OF REFERENCE FOR MONITORING & EVALUATION CONSULTANTS FOR THE IMPLEMENTATION OF THE RESETTLEMENT PLAN

I. BACKGROUND

1.1. The aim of the project is to improve the performance of the State’s road transport sector. The KSHIP Stage II roads have been selected based on the Feasibility Study of State Roads for proposed KSHIP. The Asian Development Bank Assisted programme covers 650 kms of roads covering 20 links of 9 contract packages spread over in 15 districts. The up gradation and bypasses of roads will have direct /indirect impact on the population along the project corridor. Common property resources, residential structures, commercial structures are likely to be affected. Non-Titleholders within the ROW are likely to be displaced.

1.2. The proposed road improvement involves land acquisition, appropriation of structures and resettlement of squatters. The affected persons on account of the road improvements are covered under the Resettlement Plan (RP). All possible steps have been taken to minimize land acquisition and demolition of structures so as to reduce adverse affect on people settled along the road. Among others, the RP stipulates involvement of a consulting agency for monitoring and evaluation (M&E) of implementation of the RP, and compliance with the targets given in the RP.

1.3. It is in the background that the PIU/KSHIP intends to hire the services of a qualified and experienced external consultant to monitor and evaluate implementation of the RP being carried out by the PIU with the support of the NGO/s deployed.

II. OBJECTIVES OF THE ASSIGNMENT a. The objectives of the M&E consultancy services are (a) to assess the implementation of the RP; (b) to monitor the schedules and the achievement of targets; (c) to evaluate whether the outcomes of social development objectives of the project are being achieved.

III. SCOPE OF SERVICES

3.1. The CA will undertake to do the following assignments:

3.2 Undertake the supervision of RP implementation to ensure the delivery of entitlements to Project Displaced Persons/ Project Affected Persons in accordance with the provisions and procedures provided for in the Resettlement Plans.

3.3 Advise and guide the NGOs to implement the RP in accordance with their Terms of Reference; 3.4 To monitor the effectiveness and efficiency of PIU and NGO in the RP implementation.

3.5 To assess whether resettlement objectives, particularly livelihoods and 113

living standards of the Displaced Persons ( DPs) have been restored or enhanced.

3.6 To assess the efforts of the PIU and NGO in ensuring 'Community Participation' with particulatr attention on participation of vulnerable groups namely a) those who are below the poverty line ( BPL);b) those who belong to scheduled castes ( SC), scheduled tribes ( ST); c) female headed households (FHH); d) elderly and e) disabled persons.

3.7 To assess resettlement efficiency, effectiveness, impact and sustainability, drawing both on policies and practices and to suggest any corrective measures if necessary.

3.8 To review the project impacts on Indigenous People and groups if any and assess the effectiveness of the mitigation measures adopted.

3.9 Assist the PIU and field units to oversee the implementation of RP;

3.10 Participate in periodical meetings held between PIU and NGOs/district administration to assist the PIU for successful outcomes of the meetings;

3.11 Undertake reviews on behalf of PIU of all documents and reports related to land acquisition and resettlement received from the NGOs and consultants and advise the PIU for taking appropriate decisions on such reports;

3.12 Assist the PIU to respond to the ADB on any matters related to the implementation of RP and related matters;

3.13 Provide certification prior to invitation of bid and at the time of handing over of the milestone stretches to the contracts confirming the completion of land acquisition, payment of compensation, mitigation of resettlement impacts and reconstruction of community properties in the respective stretches;

3.14 Ensure synchronization of R&R implementation with civil works time table to avoid time and cost over runs. This should be done in close coordination with the construction supervision consultants;

3.15 Assist PIU in reviewing any additional reports submitted by the consultants or NGOs during the implementation;

3.16 Prepare annual reports on the implementation of RP including land acquisition and payment of compensation;

3.17 Organization of periodical training in the implementation of RP and delivering of entitlements, consultations etc. to PIU staff and NGOs as necessary.

3.18 The consultant will carry out limited impact assessment twice during the

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contract period, one at the end of 15 months of the contract period and another at the end of 21 months of the contract period. Each evaluation will cover all Project Displaced Persons/ Project Affected Persons who have spent more than 6 months after receiving compensation or assistance or both.

3.19 For concurrent Impact Evaluation, the M& E Consultant shall:

Develop specific monitoring indicators for undertaking monitoring implementation of Resettlement Plans.

3.20 Review results of internal monitoring and verify through random checking at the field level to assess whether the objectives of resettlements have been realized, particularly the changes in the in the living standards;

3.21 Identify the strengths and weaknesses of the resettlement objectives and approaches and implementation strategies.

3.22 Review and verify the progress in resettlement implementation on the sample basis and prepare quarterly reports for the EA/ PIU and ADB.

3.23 Evaluate and assess the adequacy of compensation/ assistances given to the DPs/ PAPs and the livelihood opportunities and incomes as well as the quality of life of DPs/ PAPs after the project induced changes.

3.24 To evaluate and assess the adequacy and effectiveness of the consultative process with the affected DPs/ PAPs, particularly those vulnerable including the adequacy and effectiveness f grievance procedures and legal redress available to the affected parties, and dissemination of information about these. 115

3.25 Impact assessment is to be compared with the baseline values for key socioeconomic as given in the RP. If such information is not available information based on the same time of survey, has to be collected on recall basis;

3.26 to assess whether the compensation is adequate to replace the lost assets;

3.27 to assess how the compensation has been utilized;

3.28 assess the perceived benefits and losses of resettlement;

3.29 Assess the level of satisfaction of the various assets provided as part of R&R implementation;

3.30 Based on the impact assessment, suitable remedial measure are to be proposed for any shortcomings and;

3.31 Remedial measure if Project Displaced Persons/ Project Affected Persons are not able to improve their living standards.

IV REPORTING

The qualified and experienced external monitoring consultant will be responsible for monitoring of the R&R activities carried out by the EA/PIU and will submit quarterly review directly to ADB and determine whether resettlement goals have been achieved more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement.

4.1 The CA shall submit the following reports: Inception Report with mobilisation details Quarterly Monitoring Reports Evaluation Reports (2)

Annual progress Reports Final Completion Report (containing implementation, experience and lessons learned).

All reports should be submitted in hard copy and soft copy in MS Word for easy transmission.

V METHODOLOGY

5.1 As a part of the proposal, the consultants will propose the methodology to carry out the assignment.

VI TIME LINE

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6.1 The CA shall be hired for the period of project implementation that is 2 years.

VII BUDGET AND LOGISTICS

The proposal both technical and financial should be submitted and budget should include all costs and any other logistics details necessary for resettlement monitoring. Additional expense claims whatsoever outside the budget will not be entertained.

VIII QUALIFICATIONS

The qualified and experienced external monitoring consultants should have significant experience in resettlement policy analysis and RP implementation.

Proposals shold be submitted with relevant information concerning previous experience on monitoring of resettlement implementation and preparation of reports. In case of experts detailed CVs should be submitted providing the detils of the previous experience in monitoing and resettlement related activities.

IX TEAM FOR ASSIGNMENT

9.1 The CA shall deploy a team of which the positions and minimum qualification are stated in the following, with least one woman professional:

9.2 Team Leader: S/he should be a post-graduate in social sciences with at least 10 years of experience in the field of social development and projects requiring land acquisition. (Experience in land Acquisition is mandatory) S/he should have monitoring and evaluation experience of more than 5 projects, and should have held responsible positions in the previous assignments including as team leader. S/he should have adequate managerial skill and should be conversant with the region and the regional language.

9.3 Sub-Professional I: S/he should be a graduate in social sciences with at least 7 years of experience in the field of social development and participating rural appraisal. S/he should 117

adequate knowledge of computers and should be conversant with the region and the regional language.

9.4 Sub-Professional S/he should be a graduate in statistics with II: good knowledge of computerized database development and management and should be conversant with the region and the regional language.

9.5 Sub-Professional S/he should be a graduate in civil III: engineering with at least 7 years of experience in construction/maintenance of National/State Highways. S/he should good knowledge of land measurement and should be conversant with the region and the regional language.

9.6 Support Staff: There should be an adequate number of support staff. They should be able to perform as asked be the members of the team. There should be a good mix of women and men.

9.7 Location of office The CA is required to have an office in Bangalore and in the field.

X. PAYMENT SCHEDULE

10.1 The payment schedule will be made against outputs as given below:

Sl. Output Payment No. Schedule 1. Inception Report : 20%

2. After submission of 2nd : 20% quarterly Report

3. After submission of 2nd : 30% Evaluation Report after 15 months

4. After submission and : 30% approval of Final Completion Report

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Note1: In the Road Development Projects taken up by the KSHIP, Project Affected Households/ Persons will be more when compared to Project Displaced Persons as the affected people will be mainly Title Holders, Squatters, Encroachers, Tenants & workers & that the affected structures & lands will also be partial. Hence PAPs (Project Affected Persons) are included along with PDPs (Project Displaced Persons).

2. Serial numbers have been changed taking into consideration of the suggestions made.