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Resettlement Action Plan for KMTT 7

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Resettlement Action Plan for KMTT 7 Resettlement Action Plan-KMTT Abbreviations AP Affected Person/s APD Assistant Project Director CEB Ceylon Electricity Board CEO Chief Executive Officer CPRPTA Central Province Road Passenger Transport Authority DPD Deputy Project Director DS Divisional Secretary DSD Divisional Secretary Division DSU Dedicated Social Unit EAC Entitlement Assessment Committee EM Entitlement Matrix EMP Environmental Management Plan EVC Eligibility Verification Committee FGD Focus Group Discussion GN Grama Niladhari GOSL Government of Sri Lanka GRC Grievance Redress Committee GRM Grievance Redress Mechanism GSBS Good Shed Bus Stand Ha Hectares IBZ Immediate Buffer Zone IGP Independent Grievance Panel IIA Indirect Impact Area IOL Inventory of Losses ISPT Integrated Strategic Public Transport Plan for Kandy ITB Inside Technical Boundary KII Key Informant Interview KMC Kandy Municipal Council KMTT Kandy Multi-Modal Transport Terminal LAA Land Acquisition Act LAR Land Acquisition Regulations LARC Land Acquisition and Resettlement Committee LGRC Local Grievance Redress Committee LRP Livelihood Restoration Plan MM&WD Ministry of Megapolis and Western Development MOL Ministry of Lands MOU Memorandum of Understanding NIRP National Involuntary Resettlement Policy NWS&DB National Water Supply and Drainage Board OP Operational Policy PAPs Project Affected Persons PD Project Director PIA Project Implementing Agency i Resettlement Action Plan-KMTT PIU Project Implementation Unit PMU Project Management Unit RAP Resettlement Action Plan RDA Road Development Authority RPF Resettlement Policy Framework of SCDP RPTA Regional Passenger Transport Authority R&R Rehabilitation and Restoration SAIMP Social Assessment Impact Mitigation Plan SCDP Strategic Cities Development Program SDO Social Development Officer SIA Social Impact Assessment SIMP Social Impact Mitigation Plan S/LARC Super Land Acquisition and Resettlement Committee SLR Sri Lanka Railways SLRs Sri Lankan Rupees SLTB Sri Lanka Transport Board Sq.ft. Square feet T-n-G Touch and Go UDA Urban Development Authority UNESCO United Nations Educational, Scientific and Cultural Organization USD United States Dollar WB World Bank ii Resettlement Action Plan-KMTT Glossary of Terms Affected Person: Any person, group, community, people who, as a result of the implementation of KMTT, was/were affected by loss of the right to own, use or otherwise benefit from land (residential, agricultural, commercial), water, livelihood, annual or perennial crops and trees, a built structure, or any other fixed or movable assets, either in full or in part, permanently or temporarily. Buffer Zone: Area adjoining the technical boundary of a project likely to experience direct or indirect project impacts. Business Operator: Any person who conducts a business within the project-affected area, the operation of which may be lost or disrupted by the construction work under the project. S/he can be a legal owner, non-titled structure owner, or tenant and will receive different compensation and R&R packages as per the Entitlement Matrix (EM). Bus Operator: A government agency, a private company or a private individual, operating buses in specified routes as a public service and or as a profit making activity. Census: Complete enumeration based on a household questionnaire that covers all affected persons, irrespective of ownership and entitlement, and their assets. It can be used to minimize fraudulent claims made by people who move into the project affected area in the hope of being compensated or resettled. Compensation: Payment in cash or in kind for an asset or a resource that is acquired or affected by a project, at the time the asset needs to be replaced. Cut-off date: The Cut-off date for eligibility for entitlement is the date of notification under the Land Acquisition Act (LAA) and/or the date of the start of the censuses. Persons who encroach on the area after the cut-off-date are not entitled to claim compensation or any other form of resettlement assistance. The cut-off date was publicly announced as detailed in the RAP. Encroacher: Someone who has illegally expanded or extended the outer limit of his/her private premises beyond the approved building line or agricultural land and has occupied public space beyond his/her plot or agricultural land. Entitlement: A variety of measures comprising compensation, income restoration, transfer assistance, income substitution, relocation and other benefits which are due to affected people, depending on the nature of their losses. The entitlements are expected to improve or at least restore the economic and social base of APs to pre-project levels. Entitlement Assessment Committee (EAC): A separate body established for SCDP to determine compensation for non-land based economic displacements. The role and responsibility of the EAC is different from the institutional mechanism of Chief valuer of the valuation departmet that is the legitimate body for determining compensation for persons affected by land acquisitions under Land Acqusition Act of 1950, and the LARC and Super LARC that has been empowered under the Land Acquisition Regulations of 2013 to determine ex-gratia payments to persons dissatisfied with the statutory compensation determined by the Chief Valuer. The functions of iii Resettlement Action Plan-KMTT the EAC is incorporated into its RPF approved by the World Bank in January 2016 and the Cabinet of Ministers in August 1, 2017. Entitlement Verificaiton Committee (EVC): Entitlement Verification Committee (EVC) comprising staff members of SCDP has a dual role. The first role is to give advance notice to APs to prepare their documentary evidence in support of their claims, before they appear for EAC inquiries, and to assist the APs to obtain any missing documents from relevant authorities such as KMC or SLR. The second role is to assist the EAC by presenting a set of vetted documents, so that on one hand, the time that EAC spends on document verification can be reduced while on the other hand, possible rejection of documents submitted by APs can be minimized. The role of EVC is thus expected to accelerate the process of payment of compensation to APs. Ex-gratia payment: Additional compensation amounting to the difference between statutory compensation and replacement cost or the provisions to pay compensation for losses and impacts not covered by regulatory framework. Female-headed Household: A household headed by a female due to circumstances such as loss of husband, separation, divorce or migration. Gender Equity: Recognition of both genders in the provision of entitlements, treatment and other measures under the Resettlement Action Plan. Host Population: People living in or around areas to which people physically displaced by a project will be resettled who, in turn, may be affected by the resettlement. Household: Persons who may or may not be related to each other and who live under one roof and typically have common cooking and eating arrangements. Idakada Lekanya: A List of vendors identified and recorded in KMC documents as commercial users of space in a specified area in GSBS without any entitlement to land so occupied. Indigenous People: “Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (b) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (c) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (d) use of an indigenous language, often different from the official language of the country or region. The only historically known indigenous people in Sri Lanka called Veddas (‘forest dwellers’) are recognized as citizens of the country under the Citizens Act 1948, enjoy all rights and privileges enshrined in the Constitution of Sri Lanka, and have guaranteed equal access to justice through the constitutional provisions. Social Assessments confirmed that there are no IP communities live in the area selected for KMTT. Involuntary Resettlement: Resettlement is involuntary when it occurs without the consent of the displaced persons or if they give their consent without having the power to refuse resettlement. Implementation Schedule: Timeframe for the implementation of resettlement activities. iv Resettlement Action Plan-KMTT Income Restoration: Re-establishing income sources and livelihoods of people affected. Land Lot: A land lot refers to a portion of land belonging to an AP/APs or government institution. The department of surveys, defines a lot as the basic unit of lands after demarcation of their boundaries. Land Owners: Owners of land with or without trees, crops or structures affixed to the land with clear title in government records. In some exceptional cases, a person who owns land/s within the project-affected areas regardless of proof of such ownership will also be entitled, provided that such ownership is recognized under law. In such cases, special decisions will be taken by the LARC in consultation with the local authority, and the community. Livelihood: A means of living such as agriculture, animal husbandry, commerce, fishing, wage labour, services of various types etc. Low-Income Community or Neighbourhood: A residential community
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