Resettlement Plan Document Stage: Draft for Consultation Project Number: 53067-004 January 2021 IND: Inclusive, Resilient and Sustainable Housing for Urban Poor Sector Project in Tamil Nadu Subproject: Construction of 969 Nos of housing units adopting Type Design No. 02/2020 (G+5) with associated infrastructure works at Vallam Vadaku Sethi Village, Thanjavur Taluk in Thanjavur District (IRSHUP/VAL/03) Prepared by the Tamil Nadu Slum Clearance Board, Government of Tamil Nadu for the Asian Development Bank. CURRENCY EQUIVALENTS (as of 22 January 2021) Currency Unit – Indian rupee (₹) ₹1.00 = $ 0.0137 $1.00 = ₹73.038 ABBREVIATIONS ADB - Asian Development Bank BPL - below poverty Line CCDO - Chief Community Development Officer CBO - community based organization EMA - external monitoring agency GOTN - Government of Tamil Nadu IRSHUPSP - Inclusive, Resilient and Sustainable Housing for the Urban Poor Sector Project NGO - non-governmental organization PID - project implementation division PMU - project management unit SPS - Safeguard Policy Statement TNSCB - Tamil Nadu Slum Clearance Board TNPTEEA - Tamil Nadu Protection of Tanks and Eviction of Encroachment Act TWAD - Tamil Nadu Water Supply and Drainage Board WBM - Water Bound Macadam NOTE In this report, "$" refers to United States 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. Your attention is directed to the “terms of use” section on ADB’s website. 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. DEFINITIONS Assistance refers to the support provided to affected persons in the form of ex-gratia payments, loans, asset services, training and skills development, etc. in order to improve their standard of living and reduce the negative impacts of the investment program. Below poverty line (BPL) families are families whose monthly income is less than a designated sum as determined by the Planning Commission of India’s revised methodology for measurement of poverty (2011–2012). The state specific poverty line for urban Tamil Nadu for the year 2011– 2012, as per Dr. C. Rangarajan committee's (constituted by Planning Commission of India) revised methodology for measurement of poverty, is ₹1380.36 per capita per month. The same has been updated to September 2020 (Vallam survey) based on Consumer Price Index for Industrial Workers (CPIIW)1 and accordingly BPL families have been identified. The BPL cut off income is ₹2188.32 per capita per month for September 2020. Those persons earning less than ₹2188.32 per capita per month in this subproject will be considered as below poverty line.2 Cut-off date. The date of identification and marking of the structures (Topo Numbers) by Tamil Nadu Slum Clearance Board will be considered as the cut-off date for entitlements under the project. Displaced families means a family whose primary place of residence or source of livelihood is adversely affected due to the project. This includes any tenant, lessee, or owner occupier of the property, who on account of project, has been involuntary displaced from such land or property. Displaced persons are those who face physical (relocation, loss of residence, or loss of shelter) and/or economic displacement (loss of shops, income sources, or means of livelihoods) as a result of the project. Replacement value of the affected assets and property is the amount required for the affected person to replace/reconstruct the lost assets through purchase in the open market. Squatters are non-titleholders who have illegally occupied lands for residential, business, and/ or other purposes. Tenants are those persons having bonafide written or unwritten tenancy agreements, with a private structure owner, to occupy a structure for, residence and/or business. Vulnerable families are those families with physical/mentally disabled members, women headed families, below the poverty line families, including elderly,3 women and children,4 transgender, the Indigenous Peoples, the landless and those without legal title to land,5 Scheduled Caste and Scheduled Tribe families. 1 The base year (June 2012) Consumer Price Index for Industrial Workers (CPIIW) was 199 (CPIIW base 2001) and for September 2020, when the Vallam surveys were undertaken, CPIIW was 119.5 (CPIIW base 2016). 2 BPL threshold and all entitlements and costs presented in the entitlement matrix will be increased annually on the 1st of April in accordance with appropriate price indices. 3 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, GoI, defines elderly/ senior citizen as any person being a citizen of India, who has attained the age of sixty years or above 4 Destitute and orphans. 5 ADB SPS 2009. CONTENTS EXECUTIVE SUMMARY i I. INTRODUCTION 1 A. Overview of the Project 1 B. Subproject Description 1 C. Profile of the Subproject Area 3 D. Subproject Impact 3 E. Minimizing Impacts 5 F. Scope and Objective of the Resettlement Plan 5 II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 6 A. Introduction 6 B. Scope of Land Acquisition 6 C. Physical Displacement 7 D. Impact to Structures 7 E. Ownership of the Affected Structures 7 F. Loss of Livelihood 8 G. Loss of Trees 8 H. Loss of Common Property Resources 8 III. SOCIO-ECONOMIC INFORMATION AND PROFILE 9 A. Involuntary Resettlement Impacts 9 B. Methodology 9 C. Demographic Profile of Project Affected Families 10 D. Gender 15 IV. CONSULTATION, PARTICIPATION AND DISCLOSURE 15 A. Consultation and Participation Process 15 B. Information Disclosure and Resettlement Plan Disclosure 17 C. Consultation and Participation Plan 17 V. GRIEVANCE REDRESS MECHANISM 18 A. Existing TNSCB Grievance Mechanism 19 B. Proposed IRSHUPSP Grievance Mechanism 20 VI. LEGAL FRAMEWORK 22 A. Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 22 B. ADB’s Safeguard Policy Statement, 2009 23 C. Comparison of the ADB’s SPS and the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (TNPTEEA) 25 VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 29 A. Type of Losses and Affected Person Category 29 B. Eligibility Status of Displaced Persons 30 C. Entitlements, Assistance and Benefits 30 VIII. RELOCATION OF HOUSING AND SETTLEMENTS 35 A. Provision for Relocation 35 B. Relocation Strategy 35 C. Development of Resettlement Sites 35 IX. INCOME, RESTORATION AND REHABILITATION 36 A. Loss of Livelihood in this Subproject 36 B. Entitlements for Loss of Livelihood 36 C. Income Restoration Measures 37 D. Graduation Program (Livelihood) 37 X. RESETTLEMENT BUDGET AND FINANCING PLAN 38 A. Introduction 38 B. Compensation 39 C. Assistance 39 D. Compensation for Common Property Resources 40 E. Administrative Expenses 40 F. Source of Funding and Fund Flow 40 G. Resettlement Budget Estimates 40 XI. INSTITUTIONAL ARRANGEMENTS AND IMPLEMENTATION SCHEDULE 41 A. Implementation Arrangement 41 B. Project Management Unit 42 C. Project Implementation Division 43 D. Graduation Restoration Plan: Institutional Management Structure 46 E. Institutional Capacity Development Program 46 F. Implementation Schedule 47 XII. MONITORING AND REPORTING 48 A. Internal Monitoring 48 B. External Monitoring 48 C. Approach and Methodology 48 APPENDICES 1 Google Image of the Vallam Resettlement Site 2 Social Infrastructure vis-à-vis Resettlement Site 3 Land Ownership Documents and Land Transfer Statement 4 Settlement Photographs 5 Summary of Common Property Resources 6 Census and Baseline Socio- economic Survey Guidelines 7 Template for R&R information Disclosure 8 Sample Grievance Form 9 Monitoring Indicators EXECUTIVE SUMMARY Background. Recent weather events such as severe flooding in Tamil Nadu has highlighted the extreme vulnerability of low-income households and their livelihood. The state’s high risk for climate-related disasters makes the slums extremely vulnerable to intense rainfall and recurrent flooding given their encroachment on natural drains, which are prone to overflow during heavy rainfall. Tamil Nadu’s population living in slums amounts to 5.8 million, representing 16.6% of the state’s urban population. The state faces a housing shortage in urban areas of around 1.25 million units.6 Based on a recent demand survey, there are 1.39 million registered applications requesting affordable housing units in Tamil Nadu under Pradhan Mantri Awas Yojana-Urban, of which about 625,368 have been approved. The Government of Tamil Nadu (GoTN) is committed to addressing the state’s urban housing deficit, especially for the economically weaker section (EWS) population. The Tamil Nadu’s “Vision 2023”7 sets out the provision of housing with infrastructure for all urban slum families in Tamil Nadu and the creation of a slum free state by 2023. Project Description. Given the flooding risks and the GoTN’s Vision 2023, the government has requested support from Asian Development Bank (ADB) for: (i) relocation and rehabilitation of households living in extremely vulnerable and high-risk areas in cities in Tamil Nadu; (ii) development and implementation of a housing model for industrial workforce; (iii) piloting new models of affordable housing; and (iv) regional planning. The proposed Inclusive, Resilient, and Sustainable Housing for Urban Poor Sector Project (IRSHUPSP) in Tamil Nadu will promote access to inclusive, resilient, and sustainable housing and urban development by supporting the state in (i) relocating vulnerable communities living in high-risk areas to safe shelter; (ii) providing affordable, proper housing for households and migrant workers from the EWS and lower income group (LIG); and (iii) strengthening the state’s capacity to design and implement integrated development plans for its regions. Subproject description. This subproject proposed under IRSHUPSP by the Tamil Nadu Slum Clearance Board (TNSCB), the implementing agency (IA), aims at ‘Construction of 969 Nos of housing units adopting Type Design No.