Karnataka State Highways Improvement III Project (RRP IND 42513-014) Resettlement Plan June 2017 IND: Karnataka State Highways Improvement III Project Kollegal to Hannur Prepared by Government of Karnataka, Government of India for the Asian Development Bank CURRENCY EQUIVALENTS (as of 16 September 2016) Current unit - Indian rupee (Rs) Rs1.00 = $0.01496 $1.00 = Rs.66.852 ABBREVIATIONS AC - Assistant Commissioner ADB - Asian Development Bank ADSW - Assistant Director Social Welfare APL - Above Poverty Line APs - Affected Persons BP - Bank Policy BPL - Below Poverty Line BSR - Basic Schedule of Rates CAO - Chief Administrative Officer CPO - Chief Project Officer CPR - Common Property Resources IEC Independent Engineer Consultant CSC - Construction Supervision Consultant CoI - Corridor of Impact DC - Deputy Commissioner DF - Displaced Family DPs - Displaced Person DF - Displaced Families DPR - Detailed Project Report EA - Executing Agency FGD - Focus Group Discussion GoI - Government of India GoK - Government of Karnataka GRC - Grievance Redressal Cell GRM - Grievance Redressal Mechanism IA - Implementing Agency ID - Identity Card IPDP - Indigenous People Development Plan ITDP - Integrated Tribal Development Plan IR - Involuntary Resettlement KHA - Karnataka Highways Act KSHIP - Karnataka State Highways Improvement Project LAA - Land Acquisition Act LAO - Land Acquisition Officer LAP - Land Acquisition Plan LARR - Land Acquisition Rehabilitation and Resettlement Act,2013 LHS - Left Hand Side MRR - Manager Rehabilitation & Resettlement NA/NR - Not Available/Not Responded NH - National Highway NGO - Non-Governmental Organization RFCT - Right to Fair Compensation and Transparency in Land LARR Acquisition, Rehabilitation and Resettlement Act OBC - Other Backward Class OP - Operational Policy PA - Project Authority PAF - Project Affected Family PAH - Project Affected Household PAP - Project Affected Person PHH - Physically Handicapped Household PIU - Project Implementation Unit PHC - Primary Health Center PWD - Public Works Department RTC - Record of Rights, Tenancy and Crop R & R - Rehabilitation and Resettlement RAP - Resettlement Action Plan RC - Replacement Cost RF - Resettlement Framework RHS - Right Hand Side RoW - Right of Way RP IA - Resettlement Plan Implementing Agency RRS - Rehabilitation and Resettlement Scheme SDO - Social Development Officer SDRC - Social Development Resettlement Cell SWI - Social Welfare Inspector SC - Scheduled Caste SPS - Safeguard Policy Statement SoR - Schedule of Rates ST - Scheduled Tribes SH - State Highway SHG - Self Help Group SIA - Social Impact Assessment TCS - Typical Cross Section ToR - Terms of Reference UR - Up gradation WHH - Women Headed Household ZP - Zilla Panchayat GLOSSARY Agricultural land means land being used for the purpose of: a) agriculture or horticulture; b) raising of crops, grass or garden produce; and c) land used by an agriculturist for the grazing of cattle, but does not include land used for cutting of wood only Aralikatti refers to a platform generally around a tree for the purpose of worship or sometimes for village meetings Affected Family (a) a family whose land or other immovable property has been acquired; b) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years prior to the acquisition of the land whose primary source of livelihood stand affected by the acquisition of land; c) the schedule Tribes and other traditional forest dwellers who have lost any of their forest rights recognized under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land; (b) family whose primary source of livelihood for three years prior to the acquisition of land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fishers, folk and boatmen, and such livelihood is affected due to acquisition of land; (c) a member of the family who has been assigned land by the state Government or the Central Government under any of its schemes and such land is under acquisition; (d) a family residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land. Assistance Refers to the support provided to PAPs 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. Bagar Hukum land Refer government land which has been allotted to a landless person/farm toer by the Government decided through a Taluka level committee, without any legal title Below Poverty Line As defined by the Planning Commission of Indiaand those included in (BPL) the State BPL list. Under this RP, all affected head of households who has a BPL card or is eligible to receive a BPL card because he/she is falling in the State-defined BPL category will be considered as vulnerable. Bus Lay bye Parking and waiting areas for buses along the road alignment to facilitate pickup and drop off for bus passengers Compensation Refers to the amount to be paid under RFCTLARR Act, 2013, for private property, structures and other assets acquired for the project. It refers to the amount as indicated in the Entitlement Matrix for the project. This Act specifies compensation to be provided at market value (as specified u/s 26 of the said Act) plus 100% solatium and ADB at replacement cost The highest value between the two will be provided as compensation Corridor of Impact The corridor of impact is the width of land required for the actual (CoI): construction of the road, including carriageway, shoulder, embankments, longitudinal drainage, utility strip and any other features including roadway facilities recommended in the improvement proposal. Cut-off Date Cut- off date for Titleholders will be as per the date of Notification under section 11 (1) of RFCTLARRA, 2013. For Non-Titleholders the cut-off date will be, the end date of census and socio-economic survey Direct Purchase Purchase of land directly from the land owner. This is as per section 46 of RFCTLARR Act, 2013 there is provision of purchase of land through direct negotiations with land owners 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 as per the Entitlement Matrix. “Family” Includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him. Provided that widows, divorcees and women deserted by families shall be considered separate families. Explanation – An adult of either gender with or without spouse or children or dependents shall be considered as a separate family for the purpose of this RP. Displaced family Means: any family, who as a result of the project needs to physically relocate from its homestead or commercial structure Government Refers to the Government of Karnataka “Land acquisition” means acquisition of land under the RFCTLARR Act, 2013; or “Acquisition of land” Major Impacts Are those impacts when persons who lose their total house or livelihood, or those who become marginal farmers Minor Impact Refers to all other impacts which will be limited to one-time payment of cash or giving advance notice. Minimum Wages The wage of a person for his/her services/labour as fixed by the Labour Bureau, Department of Labour, GOK, the minimum wages for 2015- 2016 for agricultural labour is Rs.288.66 per day. Non-Perennial Any plant species, either grown naturally or through cultivation that lives Crop 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. “Notification” Means a notification published in the Gazette of India, or as the case may be, the Gazette of State 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. Project Affected means- Family (PAFs) (i) a family 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 of non-agricultural labourer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than five years 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. Project-Affected Refers to any persons who have economic interests or residence within Persons (PAPs) the project impact corridor and who may be adversely affected directly by the project. Project-affected persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action. Replacement Cost The calculation of full replacement cost is based on the following elements: (i) fair market value; (ii) transaction costs; (iii) interest accrued.