Resettlement Plan October 2011 Document Stage: (Draft Final) Updated Version SRI: Additional Financing for National Highway Sector Project Hikkaduwa–Baddegama–Nihena (B 153) Road Prepared by Road Development Authority, Ministry of Ports and Highways For the Asian Development Bank. CURRENCY EQUIVALENTS (as of October 2011) Currency unit – Sri Lanka Rupee (Rs) US $ 1.00 = Rs. 110 ii ABBREVIATIONS Asian Development Bank ADB Agricultural Instructor AI Central Environmental Authority CEA Chief Engineer’s Office CEO Construction Supervision Consultant CSC Chief Valuer CV Displaced Household DH Detailed Measurement Survey DMS Detailed Design DD Displaced Household DH Divisional Secretariat Division DSD Divisional Secretary DS Environment and Social Development Division, ESD RDA Public Information Booklet PIB Pradeshiya Saba PS Grama Niladhari GN Grama Niladhari Division GND Government of Sri Lanka GOSL Grievance Redress Committee GRC Hectare Ha / ha Kilometer KM / km Local Authority LA Land Acquisition Act LAA Land Acquisition and Resettlement Committee LARC LARD Land Acquisition and Resettlement Division, iii RDA Land Acquisition Officers LAO Land Acquisition & Resettlement Unit LAR Land Acquisition and Resettlement Survey LARS Ministry of Ports and Highways MOPH Ministry of Land and Land Development MOL National Environmental Act NEA Non-governmental Organization NGO National Highways Sector Project NHSP National Involuntary Resettlement Policy NIRP Project Director PD Project Executing Agency PEA Project Implementation Unit PIU Project Management Unit PMU Resettlement Framework RF Resettlement Plan RP Road Development Authority RDA Right-of-Way ROW Sri Lankan Rupees Rs. Survey Department SD Socio Economic Survey SES Southern Expressway SEW Social Impact Monitoring Officer SIMO ADB Safeguards Policy Statement, 2009 SPS Technical Assistance TA Team Leader TL iv Inventory of Losses IOL Urban Council UC Terms of Reference TOR NOTE In this report, "$" refers to US dollars. This 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. 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. v Table of Contents Executive Summary X Chapter 1 - PROJECT DESCRIPTION 1 1.1. Description of the Road Project 1 1.2. Project Profile 2 1.3. Objectives of the Resettlement Plan 2 1.4. Administrative Boundaries of the Road Project 5 1.5. Methodology 5 Chapter 2 - LEGISLATIVE AND POLICY FRAMEWORK 7 2.1. Legislative Framework 7 2.2. Policy Framework 11 2.3. Existing Gaps in LAA and NIRP vis-à-vis SPS 15 Chapter 3 - SCOPE OF LAND ACQUISITION AND RESETTLEMENT 18 3.1. Impact to Private land and Structures 18 3.2. Impact to Common Properties 23 3.3. Impact to Government Properties 24 Chapter 4 - SOCIOECONOMIC PROFILE 25 4.1. Demographic information on Displaced Households (DHs) 25 Chapter 5 - INFORMATION DISSEMINATION, CONSULTATION AND PARTICIPATORY PROCESS 37 5.1. Consultation process with agencies responsible for land acquisition and resettlement 37 5.2. Public Disclosure and Information Dissemination 37 5.3. Consultation during implementation of RP 41 Chapter 6 - ENTITLEMENTS 43 6.1. Eligibility Policy 43 6.2. Operational guidance of entitlements 44 vi 6.3. Project Entitlement Matrix 46 6.4. Cut-off Date 54 Chapter 7 - GRIEVANCE REDRESSES MECHANISM 55 7.1. Grievance Redress Committee 55 7.2. Other agencies that the DPs could forward their grievances 58 Chapter 8 - RELOCATION OF HOUSING AND SETTLEMENTS 61 8.1. The Options Available for DPs for Relocation 61 8.2. Resettlement Preferences 62 Chapter 9 - INCOME RESTORATION AND REHABILITATION 65 9.1. Loss of income and livelihood of the affected DPs 65 Chapter 10 - RESETTLEMENT BUDGET 71 10.1. Total Cost for Resettlement 71 Chapter 11 - IMPLEMENTATION SCHEDULE 74 Chapter 12 - INSTITUTIONAL FRAME WORK FOR RESETTLEMENT 75 Chapter 13 - MONITORING AND REPORTING 80 13.1. Internal Monitoring 80 13.2. External Monitoring 81 vii List of Tables Table 1.1. Affected Grama Niladari Divisions of the DS Division 5 Table 2.1. Legislative GAP analysis 15 Table 3.1: Distribution of affected land lots among DSDs 18 Table 3.2: Number of households and lots acquired 19 disaggregated by type of use - Private lands Table 3.3: Summary of Land Acquisition/Resettlement 20 Impacts Table 3.4: Number of Private Structures by Type of Structures 21 and Degree of Impact Table 3.5: Category of structures and the affected area 22 Table 3.6: DPs’ Land Ownership Situation of the land lots to be 22 acquired Table 3.7: Impact on community properties 23 Table 3.8: Impact on Government Land 24 Table 4.1. Household size of DHs 25 Table 4.2. Spatial Distribution of Population 26 Table 4.3. Women freedom to decision making at household 26 and community activities (Multiple responses, n=50) Table 4.4. Civil Status of Displaced Household heads (DHH) 27 by Gender Table 4.5. Civil status of DPs 27 Table 4.6. Population distribution of DPs by age and gender 28 Table 4.7. Age of DP s disaggregated by gender 28 Table 4.8. Educational status of displaced persons 29 Table 4.9. Educational attainment of DHs disaggregated 29 according to gender Table 4.10. Loss of livelihood of DPs by the project 30 Table 4.11. Workers /Labourers in Business /Enterprises 31 displaced by the Project Table 4.12. Monthly income derived by DPs from their 31 displaced livelihood Table 4.13. Primary and secondary sources of income of DP 32 household members Table 4.14. Monthly income & expenditure of the displaced 33 households (N=185) Table 4.15. Vulnerable DHs by category of vulnerability 34 Table 4.16. DP’s Perceived social and economic advantages 34 of the road project (Multiple responses) N=945 Table 4.17. DP’s perceived adverse social and economic 35 impacts of the project / road project (Multiple Responses N=945) Table 5.1. Completed and Planned Public Consultation and 39 Disclosure Activities viii 61 Table 8.1. DPs Preferred Method of Compensation 62 Table 8.2. DPs Preferred Method of Resettlement 66 Table 9.1. Lost livelihood of DPs by the project 66 Table 9.2. Workers /Labourers in Business /Enterprises displaced by the Project 71 Table 10.1. Estimated Cost of Land Acquisition and Resettlement of Road Project B153 (Revised and updated) 73 Table 10.2 Land Value in Project Area 74 Table 11.1 Implementation Schedule – Major Events 78 Table 12.1. Matrix of Roles and Responsibilities of Government Agencies and Other Organizations involved in Resettlement Planning and Implementation 82 Table13.1. Monitoring and Evaluation Indicators List of Figures Figure 1.1. Location map of candidate section of B207 road 4 Figure 7.1. Proposed Structure of GRC 56 List of Annexes Annexure 1.1 Location map 2 Annexure 1.2 LARS Questionnaires Annexure 2.1 National Involuntary Resettlement Policy Annexure 3.1 List of Affected Properties (Private land) Annexure 3.2 List of Affected Properties Private Land and Structures Annexure 3.3 List of Affected Common Properties (Land & Structures) Annexure 3.4 List of Affected Properties (Government Land) Annexure 5.1 Entitlement Matrix (Sinhala Version) Annexure 5.2 Details of consultations held during RP updating exercise Annexure 13.1 TOR for external monitoring and reporting consultant/ agency ix EXECUTIVE SUMMARY PROJECT DESCRIPTION The proposed road, Hikkaduwa–Baddegama–Nihena road (B 153) starts from Colombo– Galle–Hambantota–Wellawaya highway (A002) at its 00.00 point near the town centre and the clock tower junction of Hikkaduwa and links the Southern Expressway having a distance of 14.34 km at Nilhena, off Bddegama . This is one of the six road projects to be upgraded under the Additional Financing (Loan 38357 - 43 Sri). The entire length is proposed to widen 2 lane standards with 1.5 m cycle lanes from 00.00 up to SEW meeting point with shoulders of 1.2 -1.5m on either side with necessary earth or line drains. The existing 5-6 meter average carriage way width will be widened to 6.5-6.7m and existing average10-11m RoW width will be expanded to 12.5 -14m. It is expected to reconstruct, replace or attend to repairs appropriately to the 60 culverts, consisting of 2 pipe culverts and 58 slab culverts, located along the road. The main objective of this RP is to overcome adverse effects caused by land acquisition associated with the road improvement project. This updated version is essentially the revised account of the draft RP submitted by the Road Development Authority to ADB in May 2011.This updated version is made with the availability of Preliminary Plans (PPs) prepared by the Dept. of Surveys giving exact locations, boundaries of individual lots and names of the persons who have legitimate claims for such land lots. PPs have been prepared after finalizing of construction designs. Therefore, PPs prepared for statutory requirements are considered as very reliable documents with regard to their accuracy. In this exercise, lands and structures going to be acquired were identified with the use of legitimately prepared survey plans instead of making rough estimates along the likely centre line of the road stretch. LEGISLATIVE AND POLICY FRAMEWORK The Land Acquisition Act (LAA) of 1950 is the most important legal provision which ‘Makes provisions for acquisition of the Lands and Servitudes for public purposes and provides for matters connected with or incidental to such provision’. It provides the payment of compensation at market rates for lands, structures and crops. It has several amendments and the latest being the version of 1986 and the Revised Regulations, 2008 gazetted as No.