RP819 v4 Sustainable Urban Transport Project Public Disclosure Authorized SUPPLEMENTARY RESETTLEMENT ACTION PLAN (RAP) Public Disclosure Authorized Public Disclosure Authorized PIMPRI-CHINCHWAD MUNICIPAL CORPORATION July , 2012. Public Disclosure Authorized 1 ACRONYMS BPL Below Poverty Line BRTS Bus-based Rapid Transit System COI Corridor of Impact CPRs Common Property Resources EP Entitled Person ESMD Environment Social Management Department ESMF Environment Social Management Framework FGD Focused Group Discussion FSI Floor Space Index GEF Global Environmental Facility GoM Government of Maharashtra GRC Grievance Redress Committee Ha Hectare IBRD International Bank for Reconstruction and Development IEC Information – Education – Communication JnNURM Jawaharlal Nehru Urban Renewal Mission LAA Land Acquisition Act MEH Minimum Economic Holding MIDC Maharashtra Industrial Development Corporation NGO Non-Government Organization PAFs (Project) Affected Families PAPs Project Affected Person PCMC Pimpri-Chinchwad Municipal Corporation PCNTDA Pimpri-Chinchwad New Town Development Authority PIU Project Implementation Unit PMC Project Management consultant R & R Resettlement and Rehabilitation RAP Resettlement Action Plan ROW Right of Way SBEs Small Business Enterprises SC Scheduled Caste SES Socio-Economic Survey ST Scheduled Tribe SUTP Sustainable Urban Transport Project TDR Transfer of Development Rights u/s Under Section VJNT Vimukta Jati Nomad Tribe WB World Bank 2 TABLE OF CONTENTS Acronyms Executive Summary I INTRODUCTION II LAND ACQUISITION AND RESETTLEMENT IMPACTS III SOCIO ECONOMIC STATUS OF AFFECTED PEOPLE AND PUBLIC CONSULTATION V IMPLEMENTATION ARRANGEMENTS VII IMPLEMENTATIOTN ARRANGEMENTS AND MONITORING ANNEXURE I Entitlement Matrix II Land Acquisition Details III Socioeconomic Table IV Consultation Documents V List of different Squatters,Vulnerablity,Shop owners VI Agreed Options for relocation –Shop owners VII GRC Disclosure consultation Documents Table 2.1 No. of PAPs Table 2.2 Type of Structure Table 7.1 PAP Compensation Budget Table 7.2 Implementation Schedule 3 EXECUTIVE SUMMARY 1.0 Based on its comprehensive mobility plan,Pimpri Chinchwad Municipal Corporation (PCMC) is developing a network of 130 km long bus-based mass transit road corridors across Pimpri- Chinchwad City. Each of these corridors is composed of a pair of dedicated Bus Rapid Transit System (BRTS) lanes and associated networks of sidewalks and bike lanes, which are comprehensively designed as a multi-modal transport system. Pedestrians and cyclists will, therefore, benefit not only from the use of the BRTS as the passengers but also from safer and more convenient access to and from the BRTS stops. For this BRTS project, PCMC has prepared a Resettlement Action Plan (RAP) in October 2010 which is presently under implementation. During the implementation of BRTS, some additional impacts were encountered due to two-tiered 100 ft wide flyover linking Pune-Mumbai highway and Pune-Nashik highway of 1100 m length. This fly over is part of BRT route from Wakad to Nashik Phata(BRT 4). 2.0 Due to some additional impact, the supplementary RAP proposed to mitigate measures as per R&R policy provisions adopted for SUTP for managing additional land acquisition and other resettlement impacts. The supplementary RAP also takes in to account the laws and policies of Government of India (GoI) and Government of Maharashtra (GoM) on R&R aspect. 3.0 The slum comprising 144 residential squatters located at Nashik Phata adjacent to the boundary wall of College of Military Engineering (CME), located in Pune-Nasik Road and 32 shops located adjacent to Kasarwadi Railway Station (in Mumbai- Pune road) will be displace due to these additional impacts due to project intervention. These 32 shops are located on 968.2 sq.mt private land which is to be acquired. Among 32 project affected shops, 3 belong to title holder owner and 29 are tenants/non-titleholder. These 3 title holder owner run their business currently from these 3 shops. Overall the impacts will affect 182 families. 4.0 Of the total 182 project affected families, there are 93 vulnerable families. All the 93 vulnerable families will be provided with additional onetime cash allowance of Rs.5, 000. In addition, all these 144 residential squatter families will be given Rs. 1000 towards transitional allowance or free transportation will be provided to shift to the new location. 5.0 All these 144 residential squatter families are now relocated in the transit accommodation approximately 100 mts away from their location of displacement to allow the civil works to proceed. The permanent houses for these people are under construction and all families will be shifted to the new houses shortly. It is expected that another 6-9 months from June, 2012 required to shifting these PAPs to their permanent houses. It is expected that at the end of October , 2012 nearly 90 number of PAPs along with other people who are also to be shifted to Vitthalnagar apartments who fulfill the conditionality for formation of cooperative society will be completely resettled at new location as phase I activity of rehabilitation. It is estimated that the legal documentation of rest of the PAPs will take nearly another a year and they will be proposed to be shifted by March 2013 as phase II activity. 6.0 The negotiations for the compensation and resettlement arrangements to these 3 affected land /structure owners and 29 tenants (shop keepers) are in progress with PCMC authorities. There are several consultations either at individual level or in the group for negotiations has been taken up by PCMC. Accordingly, a set of temporary and permanent options for rehabilitation of these affected shopkeepers and structure land owners were proposed. The consultation with land owners has already been initiated for possible consent award under the land acquisition act. The PAPs those who are willing to negotiate with PCMC, compensation of land will be paid as per land rates of 2012 Ready Recokner( RR) rates and 30 % to top-up as additional compensation will also be provided. Based on the formal negotiation with the affected land owners, the compensation will be paid. If people do not come forward for negotiations, then the land acquisition process will followed in determining the compensation rates. The land will be handed over to the contractor only after payment of compensation to the affected land owners. In case of compensation for structures, as the case are in court of law the compensation and other assistance will be decided as per the court directives. To mitigate the income loss during the transition period each structure land owners will get 19,200 as subsistence allowance and Rs.1000/ as transportation allowance, each tenant (shopkeeper) will get Rs.4000/ as subsistence allowance as ESMF of SUTP. In view of the suffering undergone by the land owners and tenant 4 shoppers during the demolitions, it is proposed to give Rs.28800/ (@Rs.4800 for 6 months) as one time cash assistance, as an additional transitional allowance in addition to other eligible assistance as per the ESMF. The cost of structure loss will be paid to structure land owners as per the final court directives. 6.0 For permanent relocation of affected shopkeepers and the landowners, two options have been offered. Option 1: A new shopping complex is proposed to be constructed at Kundan Nagar, close to the Nashik Phata Bridge, If this proposal materializes, the shopping complex is expected to be ready for allotment in about 2 years from June, 2012. All affected land owners and shopkeepers will be offered shops at cost or on rental basis. In the interim, people can opt to receive alternative on rental basis in any of the shopping complex, were vacant shops are available Option 2: Alternatively, PCMC will offer all affected shopkeepers/land owners shops in any of the shopping complex where the alternative shops will be offered either on rental or cost basis. PCMC will arrange a visit to all shopping complexes to enable the people to make a choice of their preference. 7.0 Of the total 32, 13 PAPs has express the willingness to adopt one of these options, of which 4 PAPs has already given the choice of shops based on site visit of different shops on offered options. In addition as needed suitable training programme in skill upgradtiton will be organised depending upon the interest among the affected shopkeepers and land owners. 8.0 To keep more transparency in planning and for further active involvement of PAPs and other stakeholders, the project information will be disseminated through disclosure of resettlement planning documents. The PCMC will keep the displaced people informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. there are two committees at two levels were constituted vide PCMC order dated 08-05-2012.The first level committee (Divisional Committee) who will look after the grievances of the PAPs and as far as possible redress the same. If the PAPs are not satisfied with the decisions of the division level committee, the PAPs are entitled to put up his grievances to the higher level committee; i.e. Municipal Corporation level Grievance Committee. The information on GRC was disclosed on PCMC website in the month of May 2012. In addition one consultative meeting was held on 17.05.2012 amongst the GRC members to familiarize the working method of GRC. On 18.05.2012 a consultative meeting with PAPs and GRC committee members were held at Vijaynagar Kalewadi (BRT 3) for the GRC related information dissemination. 9.0 Once the Supplementary RAP is approved by the competent authority within PCMC, will be disclosed PCMC web site and a copy will be available to affected people on request. The details of supplementary RAP will be explained to PAPs in the subsequent consultations. 10.0 A NGO is deployed to provide the support service for the implementation of RAP.