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PAK: Punjab Road Sector Development Project

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PAK: Punjab Road Sector Development Project PAK: Punjab Road Sector Development Project SUMMARY RESETTLEMENT PLAN July 2002 THIS IS NOT A BOARD APPROVED DOCUMENT. SUMMARY OF RESETTLEMENT PLAN A. Background 1. The Punjab Road Sector Development Project aims at widening and improvements of a total of 316 km of provincial highways and upgrading and/or rehabilitation of about 1,020 km of rural access roads in Punjab. The Project highways cover the districts of Hafizabad, Jhang, Khanewal, Faisalabad, Sargodha and Khusab. Only 88 km of rural roads (Jhang, 12 km` Khanewal 26 km, Bhawalnagar 20 km, Mandi Baha-ud-Din 16 km, and Sheikhupura 14 km) has been selected as “core” subprojects. For the remaining rural access roads, the guiding principles in the selection would include the following: (i) minimized adverse impacts; (ii) connectivity to market centers; (iii) agro-industrial activity and economic viability; (iv) population served by the access roads; and (v) poverty reduction in the project area. Project Engineering Cell (PEC) will conduct proper impact assessment for the subprojects and submit appropriate mitigation and resettlement plans for review and approval by ADB prior to civil work contract. In the case of adverse impacts, the policy and resettlement framework contained in this RP shall apply. In other words, this RP forms “model” for resettlement under new subprojects. 2. This Resettlement Plan (RP) has been prepared in accordance with the ADB policy on involuntary resettlement and handbook on resettlement. The RP outlines the remedial measures for mitigation of adverse impacts of the Project, and how and when these measures must be implemented. It is based on socioeconomic assessment of the potentially affected persons. The Project impacts are largely confined to dislocation and temporary disruption of roadside shops and businesses only. Efforts will be made to further minimize the over all impacts during design update/implementation by adopting off-set/symmetrical widening to avoid unnecessary displacement. PEC will use the RP as a planning tool, verify, update and finalize the inventory of the affected persons based on plan-profile drawings of the project roads. B. Scope of Land Acquisition and Resettlement 3. The proposed two-lane improvements will be carried out within the existing right-of-way (ROW) without any fresh land acquisition except for the 21 km. long Jhang bypass, on the Jhang - Shorkot road. Construction of this bypass will require an estimated 70 ha of land and is necessary to avoid and minimize displacement in those congested intersections and markets in Jhang city. 4. Land acquisition for this bypass will not displace any households or existing settlements. Further, the proposed bypass will pass through largely cultivated land, with some scattered wood and fruit trees. Based on a 20% sample, an estimated total of 320 farmers (225 landowners and 95 tenants) are likely to be affected as a consequence of this additional land acquisition. Despite, limited land acquisition for this bypass, the improvement activities will nonetheless affect roadside small shops/businesses characterized by unauthorized ribbon development on both sides of the existing carriageways, particularly around road intersections, bus stops, and roadside rural and semi-urban markets. These small business enterprises (SBEs) of informal settlers/squatters, and encroachers, who conduct various types of businesses on the ROW land and provide a range of services linked to the roads, road users, and local economies. 5. A full census of all potentially affected SBEs and households on the project corridor of impact (COI) was conducted in April-May 2002. The widening and improvement works will just partially affect only a total of 75 structures/assets, of which 60 are shops/SBEs, 12 cultural (mosques & tombs) and/or vacant/abandoned structures, and only four residential-cum-livestock houses on the project corridor of impact. The affected structures/assets will not require any relocation. The census inventory will be verified and updated based on detailed engineering design of the project roads. Civil works of the project will begin only when the resettlement of the displaced people is complete in each road stretch or sub-project. D. Objectives, Policy Framework and Entitlements 6. In Pakistan, the Land Acquisition Act of 1894 (as amended to-date) is the core legal tool available to and used for acquiring private lands for a public purpose. This Act is further elaborated by the Punjab Land Acquisition Rules, 1983. As per the provisions of the Act and Rules, cash compensation is paid at the market rate to affected landowners for the land, and the registered tenants for the affected crops only. The legal framework does not cover illegal/squatters and encroachers as the case in this project. However, in many project-specific cases in the past, the Governments of Pakistan/Punjab have assisted project-affected persons even without any legal titles. In Punjab, several existing pieces of legislation that are related to resettlement assistance, particularly for non-titled/squatter population, include: (i) Status of the Anti-Encroachment Act; (ii) (Housing and Development Schemes) act, 1974; (iii) Punjab Junnah Abadis for Non-Proprieter's in Rural Areas Act, 1986;and (iv) Punjab Katchi Abadi (Squatters) Act, 1992. 7. At present there is no specific policy on resettlement in Pakistan. In the absence of a formal policy to assist non-titled persons, a project-specific set of resettlement principles consistent with ADB Policy requirements, has been adopted in this project. As a result, the affected SBEs/households are entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. In general terms, the affected persons in the project will be compensated for the loss of their lands, and assisted for the restoration of their SBE and cultural/community structures/assets, as detailed in the following table: Table 1: Project Compensation Principles and Entitlements Type of Losses Entitlement 1 Loss of agricultural land, § Cash compensation for land based on market value1 crops and trees by owners § Cash compensation for loss of crops/trees at the market value (and sharecroppers) § Compensation to sharecropper as per LA Act § Encroachers/squatters are not eligible for compensation for land on the ROW but eligible for compensation for lost assets 2 Loss of residential and § Compensation for losses at full replacement costs commercial structures by § Owners of affected structures will be allowed to take all owners salvageable materials for rebuilding purposes § Transfer allowance to cover the cost of moving structures, including business premises § Compensation for wells and other immovable assets and replacement value, plus installation charges 3 Loss of business premise § One-time cash assistance equivalent to 2-month rent to the by renters renters for alternative premise for re-establishing businesses § Shifting allowance will be applied to all AP. Kiosks will receive assistance for relocation at another fixed place 4 Income assistance for loss § One-time lump sum grant; based on the nature of business and of business by shops/SBE type of losses, the following range will apply: (i) small business up owners to Rs. 2,000; (ii) medium business up to Rs. 3,500; and large business/manufacturing up to Rs. 10, 000. 5 Loss of income by tenants § One-time lump sum grant of Rs. 1,000 1 If the replacement cost is more than the compensation (at ‘market price’ as determined by Authority as per CWD and District Commissioner), then the difference is to be paid by the project in the form of assistance. 6 Loss of wages by SBE § Wages for 30 days @ local wage rate employees § Family workers in SBEs are not eligible – already covered by income assistance under #4. § Special assistance to vulnerable persons like those under Poverty- line – lump sum Rs 1,000 as grant for enhancing livelihoods 7 Restoration of cultural/ § Cash compensation for restoration of affected cultural/community community structures structures E. Consultation, and Grievance Redress Participation 8. Grievances Redress and Advisory Committees. Various provisions under the Land Acquisition Act (LAA-1894 or the Act) enable grieved APs at different stages of LA to represent their cases to LA office or even refer to court for redressal and seek higher rate of compensation. However, the major grievances that might require mitigations include: (i) APs not enlisted; (ii) losses not identified correctly; (iii) compensation/assistance inadequate or not as per entitlement matrix; (iv) dispute about ownership; (v) delay in disbursement of compensation/assistance; and (vi) improper distribution of compensation/assistance in case of joint ownership. Thus, the main objective of the grievance redressal procedure will be to provide a mechanism to mediate conflict and cut down on lengthy litigation, which often delays infrastructure projects. 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 project will establish a Grievance Redressal Committee, with members from local NGO/CBO, the CWD, and local government administration. 9. Another reason behind the formation of the Resettlement Advisory Committee (RAC) is to encourage local participation, ensure
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