Resettlement Planning Document

Project Number: 38254-043 December 2015

IND: MFF - North Urban Sector Investment Program - Tranche 2 Subproject: Shahabad Town

Submitted by Karnataka Urban Infrastructure Development & Finance Corporation,

This involuntary resettlement due diligence report has been submitted to ADB by the Karnataka Urban Infrastructure Development & Finance Corporation, Bangalore and is made publicly available in accordance with ADB’s public communications policy (2011). It does not necessarily reflect the views of ADB. This involuntary resettlement due diligence report 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. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

INVOLUNTARY RESETTLEMENT DUE DILIGENCE REPORT

Document Stage: Due Diligence report ADB Loan No 2638-IND, ADB Assisted KUIDFC-NKUSIP Package no- Shahabad 02SBD01

Subproject – Construction of WTP, Jack well cum pump House At Honagunta Village near Shahabad

December 2015

IND: North Karnataka Urban Sector Investment Program Package III Tranche-II

Prepared by

M/s. Haskoning DHV Consulting Pvt. Ltd. GDA Complex, Veerendra Layout, Sedam Road, – 585105

The Due Diligence Report 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.

GOVERNMENT OF KARNATAKA

KARNATAKA URBAN INFRASTRUCTURE DEVELOPMENT AND FINANCE CORPORATION

NORTH KARNATAKA URBAN SECTOR INVESTMENT PROGRAM, PACKAGE - 3 (ADB Loan No. IND - 2638)

Due Diligence Report for Shahabad WTP, Jack well cum Pump House

December 2015

M/s. Haskoning DHV Consulting Pvt. Ltd. GDA Complex, Layout, Sedam Road, Gulbarga – 585105

North Karnataka Urban Sector Investment Program, Package -III Due Diligence Report for Shahabad Water Treatment Plant and Jack well

ABBREVIATIONS

ADB – Asian Development Bank APs – Affected Persons BPL – Below Poverty Line CBO Community Based Organization CDP Community Development Plan CMC City Municipal Corporation DC Deputy Commissioner GRC Grievance Redressal Committee HH House Holds IA Implementing Agency KUIDFC Karnataka Urban Infrastructure Development and Finance Corporation KUWSDB Karnataka Urban Water Supply and Drainage Board LA Land Acquisition M&E Monitoring and Evaluation NGO Non-Government Organization NOC No Objection Certificate NKUSIP North Karnataka Urban Sector Investment Program RF Resettlement Framework RP Resettlement Plan WTP Water Treatment Plant TMC Town Municipal Council ULB Urban Local Body

North Karnataka Urban Sector Investment Program, Package -III Due Diligence Report for Shahabad Water Treatment Plant and Jack well

Table of Contents

1. Project Background: ...... 1 2. Need of the Subproject: ...... 1 3. Location of the project site: ...... 1 4. Objective of the subproject ...... 4 5. Scope of this project ...... 4 6. Requirement of Due-Diligence Report ...... 4 7. Project Impact and Outcome ...... 5. 8. Scope of Land Acquisition and Resettlement ...... 6 9. Extent of Impact ...... 6 10. Indigenous Peoples ...... 6 11. Public Consultations...... 6 12. Finding ...... 6

Figure 1: Index Maps of the Proposed Site, Honagunta Figure 2 : Satellite image of the Proposed Site, Honagunta

Annexure 1: Proceedings of meeting held under the chairmanship of DC on 10/05/2012 ...... Annexure 2: Asst. Commissioner letter to Tahsildar to convert the land ownership record in the name of CMC......

North Karnataka Urban Sector Investment Program, Package -III Due Diligence Report for Shahabad Water Treatment Plant and Jack well

Introduction

Project Background: ADB assisted North Karnataka Urban Sector Investment Program (NKUSIP) is envisaged to facilitate economic growth in 25 selected towns of North Karnataka and bring about urban development by means of equitable distribution of urban services in an environmentally sound and operationally sustainable manner. Tranche II improvements focus on rehabilitation and construction of water supply, sewerage and urban drainage infrastructure as well as slum improvements and procurement of firefighting and emergency services equipment. Shahabad subprojects include water supply and slum improvements. The Investment Program is designed to minimize land acquisition and resettlement impacts.

Need of the Subproject: Water supply system, infrastructure for the collection, transmission, treatment, storage, and distribution of water for homes, commercial establishments, industry, and irrigation, as well as for such public needs as firefighting and street flushing. Of all municipal services, provision of potable water is perhaps the most vital. People depend on water for drinking, cooking, washing and other domestic needs. Water supply systems must also meet requirements for public, commercial, and industrial activities. In all cases, the water must fulfill both quality and quantity requirements.

Water treatment is the alteration of a water source in order to achieve a quality that meets specified goals. At the end of the 19th century and the beginning of the 20th, the main goal was elimination of deadly waterborne diseases. The treatment of public drinking water to remove pathogenic, or disease-causing, microorganisms began about that time. Treatment methods included sand filtration as well as the use of chlorine for disinfection. The virtual elimination of diseases such as cholera and typhoid in developed countries proved the success of this water-treatment technology. In developing countries, waterborne disease is still the principal water quality concern. The sub project proposed in Shahabad is for supply of pure drinking water.

ADB Assisted KUIDFC-NKUSIP has selected Shahabad ULB for providing pure drinking water to citizens. The investment program is designed for the construction of the Intake well, jack well cum pump house and Water treatment plant (WTP). Location of the project site: The site is situated along the river basin and consists of barren land. The site is not easily accessible from other towns and villages and is 11 km from Shahabad town. Figure1 shows the index map of the proposed site and figure 2 shows the satellite image of the proposed site at Honagunta.

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Figure 1: Index Maps of the Proposed Site, Honagunta

31 TOWN : SHAHABAD

35 35 2 1 VILLAGA

34 HUNGUNTA 1 32

47 33 1 1

33 2 47/2 48/1 48/2 48/3

49/1 50 49/2 49/3 Approach road 57/2 57/3 56/1 57/1 51/2 56/2

60 51/2 Temple 30.0 52

Proposed Jack Well

62/1

58/3

58/2 58/4 58/1 Proposed Fencing30.00 55 54 53 VILLAGE HUNGUNTA

59/2 59/1

62/2

62/3

Proposed Intake

Bheema River

Figure : 10 Project North Karnataka Urban Sector Investment Program

Client Karnataka urban Infrastructure Develpoment & Finance Corporation Consultant DHV Pvt. Ltd GDA Complex, Veerandra Patil Layout Sedam Road Gulbarga Land for jackwell and Laying connecting main from intake Title to Jackwell in Sy No - 53 of Hungunta village of 1.50 Acres Rew. Dwg.No. DHV/SBD/WS/DPR/RS Map-001 Date : 20.10.2009 0 Drawn by : Checked by: Approved by: Scale : A V J M H T L NTS

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Figure 2 : Satellite image of the Proposed Site, Honagunta

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Objectives of the Project The main objectives of the project are as follows:

 Supply of pure drinking water.

 Promote sustainable measures to increase potable water supply to the population.

 Water supply through future sustainable source developments

 Water supply through improvements of safe yield of existing water sources

 Water supply through improvements to water treatment works

 Drinking water supply contribute towards a sustainable regional development

 To improve the current state of the water cycle of Shahabad through improvements in the separate components of the water supply system in investment program.

 To ensure continuity of the water supply for customers (by reducing the technical water losses and maintenance work, resulting from breakdowns in the water network)

 To reduce the costs of operation and maintenance of the water supply system. Scope of the Sub-project The salient features of the subproject are as below: Construction of the intake well, jack well cum pump house and Water Treatment plant (WTP) which entail the following:  Construction of the Intake well  Construction of the Jack Well  Raw water Pumping Main  Water Treatment Plant  Installation of Bulk flow meters  Water supply distribution network  Proposed Raw water Pumping Machinery at Bheema river  Rehabilitation of Existing GLSR  Proposed Back wash Pumping Machinery at WTP

Requirement of Due-Diligence Report Private land has been procured for the Sub-project through direct purchase from a single land owner for the purpose of construction of a Jack well cum pump house. In this project there is no involuntary resettlement involved and hence the preparation of Resettlement Plan (RP) for this project is not required. The objective of this Due diligence report (DDR) is to review the Sub project Land acquisition and resettlement (LAR) impacts if any, based on the detailed design of the sub-project and to propose mitigation measures if, necessary in accordance with ADB’s Involuntary Resettlement Policy, (IR)1995.

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Prior to detailed design, the cadastral maps were examined to understand the ownership of land. Verification of the cadastral maps was done in the field based on the survey and measurement.

For the construction of the WTP, 3.20 acres of land was required. Of which 2.00 acres was already in the possession of the ULB which was earmarked for the construction of WTP. For the construction of the Jackwell cum pump house, additional 1.10 acres was required. This additional land was to be procured from a private land owner. As the land owner had a total of 1.20 acres, the land owner expressed his unwillingless to keep on the balance 10 guntas. Hence the Project (NKUSIP) considering the future project requirement and request of the owner to procure his entire land, purchased the entire 1.20 acres and compensated the land owner accordingly. Also, in order to curtail the delay in land acquisition (as court case was pending in respect of acquisition process of 10 guntas of land) out of court settlement was made in respect of 10 guntas. This entire process was undertaken in consultation with the revenue department, the land owner and the representatives of the ULB (Urban Local Body). There are no Involuntary Resettlement Impacts on this subproject as land was procured through direct purchase from the land owner (Shri Siddaramappa, survey number 53).

Project Impact and Outcome: The expected outcomes of the project are:  Promote sustainable measures to increase potable water supply to the population

 Increase water supply through future sustainable source developments

 Increase water supply through improvements of safe yield of existing water sources

 Increase water supply through improvements to the transmission/reticulation systems

 Increase water supply through improvements to water treatment works

 Development of an appropriate system of indicators for the evaluation of the performance of water supply systems, also enhancing monitoring of water losses.

 Development of a Decision Support System tool for the selection of appropriate measures for tackling the problem of water losses, with particular emphasis on regional characteristics and conditions prevailing in certain areas.

 Drinking water supply is contribute towards a sustainable regional development

 To improve the current state of the water cycle of Shahabad through improvements in the separate components of the water supply system in investment program.

 To ensure continuity of the water supply for customers (by reducing the technical water losses and maintenance work resulting from breakdowns in the water network)

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 To reduce the costs of operation and maintenance of the water supply system. Scope of Land Acquisition and Resettlement As mentioned earlier, the total land requirement for this sub project was 3.20 acres of which 2.00 acres was government land and in possession of the ULB. Only 1.20 acres of land was procured by the ULB from the land owner (Shri Siddaramappa, survey number 53) after a series of consultations. The cheque for the payment was issued to the land owner on 2.09.2013 but due to non encashment by the land owner, another cheque was issued on 3.10.2013 for an amount of Rs. 5,50,000/-. The assessment of the compensation amount was arrived at after due negotiations with the landowner, Project officials, ULB commissioner and Revenue Department. The final amount was arrived at in the meeting held at the ULB office, presided by the Deputy Commissioner(DC) at Shahabad on 10.05.2012. (Annexure I- Proceedings of Meeting) The 1.20 acres of land was transferred to the CMC on 23.10.2013 after payments to the affected land owner was made. (Annexure 2) Extent of Impact The land owner willingly agreed to sell his land of 1.20 acres to the CMC. Series of meetings was held with land owner at CMC office presided by the Municipal Commissioner. Alongside, the methodology of fixing the rates to be given to the land owner was decided through mutual discussions with all parties concerned and was finalized in a meeting presided by the DC in the presence of the land owner, ULB representatives, Project officials and revenue officials on 10/05/2012. The land owner was given a compensation amount of Rs.5.50 Lakhs for 1.20 acres and the possession handed over to the CMC for further action. Indigenous Peoples There will be no impact on Indigenous peoples (IPs). No Indigenous peoples Plan will be needed for this sub-project. The sub project area does not have any tribal population and thus there is no impact on their lives/livelihood. Public Consultations Regular consultations were held with the land owner on the process of purchase and the compensation to be paid for the affected land parcel. These consultations were organized regularly to ensure transparency in the process of land procurement and to ensure that no coercion was involved in the entire process. Findings Land for the sub project was procured through direct purchase therein ensuring that the principle of a willing buyer and willing seller was followed. The affected party got appropriate compensation and land for the project was available quickly. Thus this process prevented any delay in the execution of the sub project on account of unavailability of land. The land owner was satisfied with the compensation amount and encountered no delay in the receipt of payment as is generally observed in land acquisition cases. Hence this process helped all the stakeholders in achieving their desired objectives.

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Annexure 1 Proceedings of the Meeting with DC

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Annexure 2: Transfer of Land to CMC

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Translation of the proceedings presided by the Deputy Commissioner.

Proceedings of the Meeting held on 10/05/2012 on purchase of Land directly at Honagunta village Sy.No 53 extent of 1.10 Guntas for construction of Jack well under drinking water supply project in Shahabad town presided by Deputy Commissioner Gulbarga.

1. Deputy Commissioner, Gulbarga 2. Deputy Project Director KUIDFC/NKUSIP 3. Land Owner

Deputy Project Director KUIDFC/NKUSIP, Divisional Office, Gulbarga welcomed the participants and explained the purpose of the meeting was to negotiate the purchase of land for construction of Jack well at Honagunta village Sy.No.53 extent 1.10 acres. Already, 0.10 guntas in Survey no.53 has been proposed to be acquired for the construction of Jack well and the notice dated 28.07.2010 has been issued under column 4(1) of Land acquisition act and also notice dated 01.08.2011 under column 6(1) has been issued (Court case filed by the land owner). Since, the land owner has agreed to sell the remaining land of 1.10 acres in Sy.No.53 of Honagunta village, this meeting has been called to finalize the compensation amount.

The land owner Sri. Siddaramappa s/o Saibabanna Karolli demanded of Rs.5.0 lakhs per acre.

But Deputy Commissioner explained that, as per the statistics and information available and as per the rate fixed by sub registrar of Chittapur Taluk, the land value in Honagunta village is of Rs.87,000/ per acre. Under Asare yojane (Housing scheme under ) land was purchased by fixing the rate at 2 to 3 times the market value and maximum of Rs.3.00 lakhs was paid per acre 3 years back. Therefore, the compensation was fixed at Rs. 5.0 Lakhs per acre.

Finally, the rate for 1.10 acres was fixed as Rs.4.50 lakhs and the land owner has agreed for the same.

The land records should be obtained by the Asst. Commissioner, Sedam and he has to distribute the land compensation. Since, Court case was pending on the acquisition of land 0.10 gunta, the Deputy Commissioner convinced the land owner to withdraw the case by fixing the compensation of Rs.1.00 lakh for 0.10 guntas.

The meeting was concluded by vote of thanks S/d Deputy Commissioner

Copy to: 1. DPD KUIDFC/NKUSIP Division office Gulbarga 2. Commissioner, CMC Shahabad 3. Asst. Commissioner Sub Division Sedam 4. Tahasildar Chittapur

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