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SCDP –Belgaum to Yargatti Resettlement Action Plan
i
GOVERNMENT OF KARNATAKA
PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT
DEPARTMENT
PROJECT IMPLEMENTATION UNIT
Loan Number -8022-IN
KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT - II
STAGE-II
Resettlement Action Plan
for
Safe Corridor Demonstration Programme (SCDP) Stretch of SH-20
from Belgaum to Yaragatti.
July 2014
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SCDP –Belgaum to Yargatti Resettlement Action Plan
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TABLE OF CONTENTS
Contents
EXECUTIVE SUMMARY .................................................................................................................................... 4
CHAPTER I – INTRODUCTION ........................................................................................................................ 7
1.1 PROJECT BACKGROUND ....................................................................................................................... 7 1.2 DESCRIPTION OF THE PROJECT ............................................................................................................ 7 1.3 PHYSICAL CHARACTERISTICS OF THE PROJECT AREA ......................................................................... 8 1.4 MAGNITUDE OF IMPACTS ...................................................................................................................... 8 1.5 OBJECTIVES .......................................................................................................................................... 9 1.6 APPROACH TO RESETTLEMENT PLANNING .......................................................................................... 9 1.7 RIGHT OF WAY AND CORRIDOR OF IMPACT ......................................................................................... 9 1.8 ISSUES AND LIMITATIONS .................................................................................................................... 10
CHAPTER II - LEGAL FRAMEWORK AND RESETTLEMENT POLICY PROVISIONS ...................... 11
2.1 RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 ................................................................................................................................. 11 2.2 OP/BP 4.12 - INVOLUNTARY RESETTLEMENT ................................................................................... 13 2.3 OP/BP 4.10 - INDIGENOUS PEOPLE .................................................................................................. 14 2.4 KARNATAKA HIGHWAY ACT 1964 ....................................................................................................... 14 2.5 COMPARISON OF NATIONAL AND KSHIP II POLICIES WITH WORLD BANKS IR POLICY.................... 14 2.6 SCDP POLICY .................................................................................................................................... 17 2.7 IMPACTS AND ENTITLEMENTS ............................................................................................................. 17 2.8 CORRIDOR OF IMPACT ........................................................................................................................ 18 2.9 TARGETED SUPPORT TO VULNERABLE GROUPS ................................................................................. 18 2.10 OPTION AND CHOICES ........................................................................................................................ 18 2.11 PRINCIPLES ......................................................................................................................................... 18 2.12 UPDATION OF THE ENTITLEMENT POLICY .......................................................................................... 18 2.13 ENTITLEMENT MATRIX ........................................................................................................................ 20
CHAPTER III: LAND ACQUISITION AND COMPENSATION PAYMENT .............................................. 26
6.1 LAND ACQUISITION.............................................................................................................................. 26 6.2 METHOD OF PRICE FIXATION .............................................................................................................. 26 6.3 VALUATION OF ASSETS ....................................................................................................................... 26 6.4 ESTIMATION OF LAND REQUIREMENT AND PREPARATION OF LAND ACQUISITION PLANS ................. 26 6.6 COMPENSATION PAYMENT PROCESS ................................................................................................ 26 6.7 KSHIP I NON PAYMENTS .................................................................................................................... 27 72. PAYMENTS NOT MADE UNDER KSHIP I WILL BE RESOLVED AS FOLLOWS: ................................................... 27
CHAPTER IV - SOCIAL IMPACT ASSESSMENT AND BASELINE SOCIO-ECONOMIC
CHARACTERISTICS ........................................................................................................................................ 28
4.1 SOCIAL IMPACT ASSESSMENT ............................................................................................................ 28 4.2 CENSUS SOCIO-ECONOMIC SURVEY ................................................................................................. 28 4.3 UPDATE OF CENSUS INFORMATION .................................................................................................... 28 4.4 CUT-OFF DATE ................................................................................................................................... 28 4.5 MAJOR AND MINOR IMPACTS .............................................................................................................. 29 4.6 CHARACTERISTICS OF DISPLACED HOUSEHOLDS ............................................................................... 29 4.7 VULNERABLE GROUPS ........................................................................................................................ 30 4.8 GENDER ISSUES.................................................................................................................................. 31 4.9 TRIBAL ISSUES .................................................................................................................................... 31
SCDP –Belgaum to Yargatti Resettlement Action Plan
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4.10 SOCIO- ECONOMIC STATUS OF TRIBAL POPULATION ........................................................................ 31 4.11 IMPACT ON HOST POPULATION .......................................................................................................... 32 4.12 CONSULTATIONS AND FOCUS GROUP DISCUSSIONS ........................................................................ 33 4.13 POSITIVE IMPACT ................................................................................................................................ 34 4.14 NEGATIVE IMPACT ............................................................................................................................... 34 4.17 MITIGATION THROUGH POLICY CHANGES .................................................................................................... 35 4.18 MAGNITUDE OF IMPACTS CULTURAL PROPERTIES AND CPRS ................................................................... 35
CHAPTER V - IMPLEMENTATION ARRANGEMENTS ............................................................................. 36
5.1 INSTITUTIONAL ARRANGEMENTS ........................................................................................................ 36 5.2 SOCIAL DEVELOPMENT AND RESETTLEMENT CELL (SDRC) ............................................................. 36 5.1 SDRC AND STAFF DEPLOYMENT ....................................................................................................... 36 5.2 PROTECTION OF ROW ........................................................................................................................ 37 5.3 VALUATION OF OTHER STRUCTURES/ASSETS .................................................................................... 37 5.4 IMPLEMENTATION SUPPORT ................................................................................................................ 37 5.5 MONITORING ....................................................................................................................................... 38 5.6 INTERNAL MONITORING ....................................................................................................................... 38 5.7 EXTERNAL MONITORING ...................................................................................................................... 38 5.8 GRIEVANCE REDRESSAL COMMITTEE ................................................................................................ 41 5.9 CAPACITY BUILDING AND TRAINING.................................................................................................... 41 5.10 ADMINISTERING THE PAYMENT OF R&R ASSISTANCE ....................................................................... 41 5.11 DEVELOPMENT OF VENDOR MARKETS ............................................................................................... 41 5.12 INCOME RESTORATION MEASURES .................................................................................................... 42 5.13 IMPACT CATEGORIES AND IR SCHEMES ............................................................................................ 42 5.14 RECONSTRUCTION OF AFFECTED COMMUNITY STRUCTURES ............................................................ 43 5.15 DATA BASE MANAGEMENT ................................................................................................................. 43 5.16 DISCLOSURE ....................................................................................................................................... 43 5.17 CO-ORDINATION WITH CIVIL WORKS AND CERTIFICATION OF COMPLETION ....................................... 43 5.18 IMPLEMENTATION SCHEDULE AND TIMING OF RESETTLEMENT ......................................................... 44 5.19 CONSULTATIONS DURING IMPLEMENTATION ...................................................................................... 46 5.20 BUDGET AND COSTS ........................................................................................................................... 46
List of Table
Table 1: Summary of Project Impacts ..................................................................................................... 8
Table 2: Comparison of the RFCTLARRA 2013, KSHIP II with the key indicators of the World Bank
Policy and Gaps to be filled................................................................................................................... 15
Table 3: Entitlement Matrix ................................................................................................................... 20
Table 4: Distribution of PAFs by Major and Minor Impacts ................................................................... 29
Table 5: SocioEconomic information for Major Impact ......................................................................... 30
Table 6: Socio -Economic information for Major Impact – Host Population ......................................... 32
Table 7:Summary of Focus Group Discussions and Consultation ....................................................... 33
Table 8: Monitoring Indicators (including host population) ................................................................... 39
Table 9: Financial Indicators for Progress( Including host population) ................................................. 39
Table 10:Monitoring Of GRC................................................................................................................. 41
Table 11: Project milestone Timelines .................................................................................................. 44
Table 12: Milestone III Details, showing location of encumbrances ..................................................... 45
Table 13: Implementation Schedule ..................................................................................................... 46
Table 14: Budget ................................................................................................................................... 46
List of Annexure
Annexure 1: List of Affected Persons .................................................................................................... 48
Annexure 2: Minutes of the Meeting /attendance sheet for Vendor Market at Yargatti ........................ 55
Annexure 3: Public Consultation Meeting Photos ................................................................................. 63
SCDP –Belgaum to Yargatti Resettlement Action Plan
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Annexure 4: Yargatti Panchayat Resolution for Vendor market ........................................................... 65
Annexure 5: Terms of Reference for Monitoring Consultants ............................................................... 66
SCDP –Belgaum to Yargatti Resettlement Action Plan
1
ABBREVIATIONS AC Assistant Commissioner
ADSW Assistant Director Social Welfare
APL Above Poverty Line
BP Bank Policy
BPL Below Poverty Line
CAO Chief Administrative Officer
CPO Chief Project Officer
CPR Common Property Resources
COI Corridor of Impact
DC Deputy Commissioner
DPR Detail Project Report
EWS Economically Weaker Section
FGD Focus Group Discussion
GOI Government of India
GOK Government of Karnataka
GRC Grievance Redressal Cell
ID Identity Card
IPDP Indigenous People Development Plan
IR Income Restoration
ITI Industrial Training Institute
KHA Karnataka Highways Act
KSHIP Karnataka State Highways Improvement Project
LAA Land Acquisition Act
LAO Land Acquisition Officer
LAP Land Acquisition Plan
NH National Highway
NGO Non-Governmental Organization
OP Operational Policy
PAF Project Affected Family
PAG Project Affected Group
PAP Project Affected Person
PIU Project Implementation Unit
PGB Project Governing Body
PWD Public Works Department
PGB Project Governing Body
RTC Record of Rights
R & R Rehabilitation and Resettlement
RAP Resettlement Action Plan
ROW Right of Way
SIA Social Impact Assessment
SDO Social Development Officer
SDRC Social Development Resettlement Cell
SWI Social Welfare Inspector
SC Scheduled Caste
SR Schedule of Rates
ST Scheduled Tribes
SHG Self Help Group
SIA Social Impact Assessment
ToR Terms of Reference
ZP Zilla Panchayat
SCDP –Belgaum to Yargatti Resettlement Action Plan
2
GLOSSARY OF RESETTLEMENT & REHABILITATION TERMS
a. “Agricultural land” means lands being used for the purpose of :(i) agriculture or horticulture; (ii) raising of crops, grass or garden produce; and (iii) land used by an agriculturist for the grazing of cattle, but does not include land used for cutting of wood only;
b. Assistance refers to the support provided to PAPs in the form of ex-gratia payments, loans, asset services, etc. in order to improve the standard of living and reduce the negative impacts of the project.
c. Bagar Hukum land means government land which has been allotted to a landless
person/farmer by the Government decided through a Taluka level committee, without any legal title.
d. Gramathana Landis the area earmarked for the development of the village for residential
purpose.1
e. Below poverty linebased on the Planning Commission figures for 2011-12 published in 2013,
using the Tendulkar method of calculation is Rs. 902 per capita per month for rural area and Rs.1098 per capita per month for urban areas in Karnataka.For a family of five this will be Rs. 54,120 in rural areaand Rs. 65,880 in urban area.
f. Compensationrefers to the amount paid calculated according to the RFCTLARRA 2013 and
paid under The Karnataka Highways Act, 1964 and The Karnataka Highways Rules, 1965,It refers to the amount as given in the Entitlement Matrix for the project.
g. Cut off Date: the date of Notification under Section 15 of Karnataka Highways will be the cut off
date where the land acquisition will be required. In case of squatters and encroachers and unauthorized occupants the date of socio-economic survey will be considered as the cut off date for entitlements under the project.
h. Encroachers are those persons who have extended their building, business premises or work
places into government lands. Assistance will be provided to these persons, based on their loss.
i. “Family” includes a person, his or her spouse, minor sons, unmarried daughters, minor brothers, unmarried sisters, father, mother and other relatives residing with him or her and dependent on him or her for their livelihood; and includes “nuclear family” consisting of a person, his or her spouse and minor children;
j. “Government” refers to the Government of Karnataka
k. “Land acquisition” or “”acquisition land” means acquisition of land under the Karnataka
Highways Act, 1964;
l. “Marginal farmer” means a cultivator with an unirrigated land holding up to one hectare or irrigated land holding up to half hectare;
m. Major Impacts: are those persons who loose their total house or affectedhouse is not viable for
living or loss of livelihood, or those who are marginal farmers or becomes marginal or landless.
n. Minor Impact: all other impacts which will belimited to one-time payment of cash or giving advance notice.
o. Minimum Wages: The wage of a person for his/her services/labour as fixed by the Labour
Bureau, Department of Labour, GOK, the minimum wages for 2013-2014 is Rs.172.97 for agricultural labour..
1 Guidelines prepared for the Licensed Surveyors 2008 batch
SCDP –Belgaum to Yargatti Resettlement Action Plan
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p. Non-Perennial Crop: Any plant species, either grown naturally or through cultivation that lives for a season and perishes with harvesting of its yields has been considered as a non-perennial crop in the project. For example, paddy, sugarcane, groundnut, etc.
q. “Notification” means a notification published in the Gazette of India, or as the case may be, the
Gazette of State;
r. Perennial Crop: Any plant species that live for years and yields its products after a certain age of maturity is a perennial crop. Generally trees, either grown naturally or by horticultural and yield fruits or timber have been considered as perennial crop in the project. For example, tamarind, coconut, mango, teak, neem etc. are perennial crops.
s. Project Affected Family (PAFs) means- (i) a family whose primary place of residence or other
property or source of livelihood is adversely affected by the acquisition of land for a project or involuntary displacement due to any other reason; (ii) any tenure holder, tenant, lessee or owner of other property, who on account of acquisition of land (including Bagar Hukum or other property such as Gramathana land) in the affected area of otherwise, has been involuntary displaced from such land or other property; (iii) any agricultural OR non-agricultural labourer, landless person (not having homestead land, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than three years in the affected area, and who has been deprived of earning his livelihood or alienated wholly or substantially from the main source of his trade, business, occupation or vocation because of the acquisition of land in the affected area or being involuntarily displaced for any other reason;
t. Project-Affected Persons (PAPs), any persons who have economic interests or residence within the project impact corridor and who may be adversely affected directly by the project. Project-affected persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action.
u. Replacement Cost of the acquired assets and property is the amount required for the affected
house hold to replace/reconstruct the lost assets through purchase in the open market. Replacement cost will be calculated at PWDs current Schedule of Rates without depreciation. Replacement cost will be in line with the provisions of the Entitlement Matrix of the project.
v. Severance of Land: Severance of Land can be defined of a land holding divided into two or
more pieces due to acquisition of land mainly for laying new project alignment, such as a bypass or a re-alignment.
w. “Small farmer” means a cultivator with an un-irrigated land holding up to two hectares or with
an irrigated land holding up to one hectare, but more than the holding of a marginal farmer.
x. Squatter means those persons who have illegally occupied government lands for residential, business and or other purposes. They are not eligible for compensation but will qualify for assistance from the project.
y. Tenants are those persons having bonafide tenancy agreements, written or unwritten, with a private
property owner with clear property titles, to occupy a structure or land for residence, business or other purposes. They are eligible for certain compensation or assistance as per the existing norms and practice.
z. Vulnerable groups: persons such as disabled, widows, or persons above sixty years of age,
who are not provided or cannot immediately be provided with alternative livelihood and who are not otherwise covered as part of a family.
aa. Women Headed Household: A household that is headed by a woman and does not have a
male earning member is a Woman Headed Household. This woman may be a widowed, separated or deserted person.
SCDP –Belgaum to Yargatti Resettlement Action Plan
4
EXECUTIVE SUMMARY
i. The Government of Karnataka intends to improve the institutional effectiveness of the road sector
agencies to deliver effective and safe roads with comprehensive strategic and institutional measures
to be evolved through ‘Safe Corridor Demonstration Program (SCDP)’ selecting two pilot corridors.
With World Bank assistance, the PWD, together with the Home, Health, Education and Transport
Departments will undertake a multi sectoral safety program on two pilot corridors. This RAP is for the
section SH20 between the flyover Junction with National Highway (NH) 4 in Belgaum, and the junction
with NH 13 at Hungund. The road safety initiatives taken up are; improving the engineering
conditions, strengthening enforcement, enhancing road safety education and improving emergency
medical response. The section covered has already been improved under the World Bank funded
KSHIP I programme.
ii. Census and socio- economic surveys were conducted on all the junctions where improvements are
proposed. The census survey could not be conducted for all the families, as some of the families were
not present, also in a few cases the families were located in a different village away from where the
land is located. According to the census survey there are 226 PAFs and 552 PAPs. There are 10
women headed households. 3 Scheduled Tribe PAFs are identified. Of the total Project Affected
Families (PAFs), major impact is on 122 families, of which 106 consist of non-title holders losing their
commercial structures.
iii. The Land Acquisition Plan has been completed. Land acquisition for the project is estimated at
2.34 1/4 acres of private land(Agricultural land 2.14 ½; Non Agricultural land 0.19 ¾). Of the 48 PAFS
losing agricultural land there are 25 PAFs losingone gunta and less than one gunta of land. Maximum
loss of agriculture land is 13 3/4 guntas. Of the 49 PAFS losing non agricultural land, 46 PAFs are
losing one gunta and less than one gunta of land.
iv. Focus Group discussions were held at various junctions.Detailed Consultations were held in
Yargatti Town on 27.06.2014 and 14.07.2014 and junctions on 10.02.2014. Discussions and
consultations were held with affected persons,Yargatti Panchayat members, KSHIP officers of
Belgaum Division and the Police in Yargatti sub division. The main issues raised and discussed were
(i) the need of road safety measures to be put in place as the accidents on the road has increased
after the completion of KSHIP I road improvement ; (ii) the people whose lands are getting affected
had no objection to the project, provided they were compensated based on market rates (iii)
discussions were held at Belgaum junction and Bodigoppa where improvements have been
suggested, to minimize impacts;(iv)discussions were held with affected persons in Yargatti Junction to
explain the impacts of the project and get feedback on options on rehabilitation through provision for
a common vendor market and to explore any other options for relocating squatters being impacted
due to junction improvement. The consultations have helped in not only achieving the social
assessment objectives, but also assisted in suggestions for mitigation of adverse impacts and
facilitating inputs for the Entitlement Matrix for this Resettlement Action Plan.
v. The GOK has a revised Resettlement and Rehabilitation (R&R) Policy for KSHIP- II. This Policy has
now been updated for this project taking into consideration the new Right to Fair Compensationand
Transparency in Land Acquisition and Resettlement and Rehabilitation Act 2013.The process of land
acquisition will be through “The Karnataka Highways Act 1964”(KHA,1964). However the
compensation and entitlement will be based on the Entitlement Policy given in this RAP, which has
taken into consideration the entitlements as prescribed in the RFCTLARRA 2013.
SCDP –Belgaum to Yargatti Resettlement Action Plan
5
vi. The Entitlements given for this SCDP in some cases is higher than that proposed under
RFCTLARRA, such as that for subsistence allowance. In the RFCTLARRA the amount given is Rs.
36,000 per annum, while under this project the subsistence allowance is Rs.40,000. The SCDP
recognizes squatters and encroachers which the RFCTLARRA does not.Some of the entitlements
included in the Entitlement matrixare, compensation as proposed in the RFCTLARRA or through
negotiation as per the Karnataka Highways Act 1964, with a provision of 25 % additional amount for
consent award; 100% solatium for all land and asset acquisition; choice of annuity or employment for
those who loose complete commercial structure for title holders; for tenants who are residing more
than 3 years and do not own homestead land will get house construction allowance, according to
conditions specified; transportation allowance upto Rs.50,000; one time resettlement allowance of
Rs.50,000 and Rs.25,000 for the loss of cattle shed. All the rates will be revised annually with 10%
increase on April 1, every year.
vii. For squatters in Yargatti the construction of the vendor market will be completed by August 2015,
and all the 106 affected persons which includes the host population will be shifted by September
2015, prior to handing over of the land to the contractor. In the event that the vendor market cannot be
constructed, assistance to the squatters will have to be provided according to the Entitlement Matrix,
prior to shifting them.All R&R and Land Acquisition will be completed by October 2015, which is the
time of handing over of Milestone III. (All R&R and LA locations are in Milestone III). The Executive
Engineer KSHIP Belgaum, with inputs from Monitoring consultant, will be responsible for certifying
that payment for compensation and assistance is completed, before handing over Milestone III to the
Contractor. He will also certify prior to handing over of the land in first two milestone that the lands are
free of encumbrancesafter due verification.
viii. This RAP will be implemented by Karnataka PWD-PIU Social Development Resettlement Cell.
There will be dedicated staff of one Social Development Officer and two Social Welfare Officers, of
which one will be a woman, in the KSHIP Belgaum office for implementation. The Special Deputy
Commissioner assisted by the Assistant Commissioner LA will be responsible for land acquisition
activities and the Chief Administrative Officer will be responsible for all Resettlement and
Rehabilitation works. At the Division level the Executive Engineer KSHIP, Belgaum Division will be
responsible for implementation of the RAP.The grievance redressal cell which has been already been
constituted for Belgaum District will be for this project also, with representatives of affected persons
form this project. An independent agency will be hired for Monitoring support.
ix. The RAP provides the implementation schedule which is linked to the commencement of civil
works. The civil works for the first and second milestone will commence in December 2014. There is
no land acquisition in milestone I and II. Land acquisition is there in the third milestone, which will be
made available to the contractor by October 2015. The R&R activities is concentrated in Yargatti
Town, where there are 61 PAFs who are non-titleholders who will be shifted to a vendor market which
will be constructedunder the project and another 45 non-titleholders who are the host population
getting affected in the area where the vendor market will be constructed. The RAP will be
implemented over a period of 1year starting from the date of its approval by GoK. Implementation
activities include land acquisition and compensation payment, relocation and rehabilitation.
x. The estimated total budget for the implementation of RAP is Rs. 13.58 Crore.
xi. The RAP Executive summary and the R&R policy will be translated in Kannada and disclosed
through public consultations. Disclosure meeting was held on 14.8.2014 at Yargatti. The Draft RAP
has been disclosed on the KSHIP, Government of Karnataka website. In addition, copies will be kept
in: (i) State Government Library at Bangalore; (ii) –Belgaum District library and (iii) in the Panchayat
SCDP –Belgaum to Yargatti Resettlement Action Plan
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offices along the project roads. The RAP document willalso be available at the World Bank Info Shop
at Washington DC and New Delhi as per the Disclosure Requirements of BP 17.50 of the WB.
SCDP –Belgaum to Yargatti Resettlement Action Plan
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CHAPTER I – INTRODUCTION
1.1 Project Background
1. The Government of Karnataka intends to improve the institutional effectiveness of the road sector
agencies to deliver effective and safe roads with comprehensive strategic and institutional measures
to be evolved through ‘Safe Corridor Demonstration Program (SCDP)’ selecting two pilot corridors.
With World Bank assistance, the PWD, together with the Home, Health, Education and Transport
Departments will undertake a multi sectoral safety program on two pilot corridors.
2. The road safety initiatives taken up on these demonstration corridors are; improving the
engineering conditions, strengthening enforcement, enhancing road safety education and improving
emergency medical response. ‘Engineering Corrections’of the two corridors will be taken up as per
International Road Assessment Programme, (iRAP) recommendations to achieve a minimum of three-
star rating (taken up by KSHIP,PWD).The corridors have been identified and an iRAP study has been
carried out on them. This corridor, in the north of the State, is a 186km length of SH20 between the
flyover Junction with National Highway (NH) 4 in Belgaum, and the junction with NH 13 at Hungund.
3. Vic Roads Consultants submitted a report in August 2012 with a summary of the conclusions that
have been based on the inspections of the SCDP corridors as to which engineering actions, identified
in the iRAP studies, might best be pursued to produce the maximum safety benefit to the corridors
concerned.From the review undertaken of the SCDP corridor on the SH20, it was suggested that the
62km Western Section, from Belgaum to Yaragatti (Km 0.000 to Km 56.343) of link 1K (KSHIP-I) and
part of Yaragatti to Lokapur (Km 38.950 to Km 44.358) of link 1J (KSHIP-I), provides a variety of road
safety challenges for a Safety Corridor program, that remains representative of the originally proposed
180+ km length.
4. The Junction improvements will take place between Belgaum to Yargatti, which has been widened
and improved under the Karnataka State Highways Improvement Project I.
1.2 Description of the project
5. The project is in Belgaum district covering 3 taluks – Bailahongal, Belgaum and Saundatti. There
are 9 villages in Bailahongal, 11 in Belgaum and 7 in Saundatti which will come under the project
area. The highway connects Kuduchi, Mutaga, Sambra, Marihal, Nesargi, Yaragatti and ends at
Soppadla village.
6. The existing Right of way (ROW) varies from 20 m to 30 m. The sensitive accident spots observed
are mainly at junctions and built-up areas where pedestrians are at high risk. Also at Km 8.329, where
a temple is located at the ridge point of the road (both approaches at 4.5% grade) and there is no
extra carriage way width available for parking of vehicles and observed road side commercial
activities.
7. The project has identified the safety concerns on the road and has proposed suitable designs to
address the same. The project covers junction improvement of 14 major junctions and 29 minor
junctions, 2 truck parkings, 2 passing zones, one bridge improvement and one signalised 4 leg major
junction.
SCDP –Belgaum to Yargatti Resettlement Action Plan
8
1.3 Physical Characteristics of the project area
8. The project road rises a short distance from the town of Belgaum from a plain land up a hill through
a steep ghat-section on to a rolling country sloping eastward. Then it follows an easterly direction
along the valley side of the Malaprabha River and then the valley side of the Ghataprabha River Later
it follows the water-divide between the Ghataprabha in the north and the Malaprabha in the south for
some distance beyond Bagalkot. Undulating nature of the terrain all along this road corridor demands
careful maintenance of road drainage to prevent erosion.
9. The Existing road has 2-lane carriageway width with 1.0m paved shoulder on both side and four
lane divided carriageway (7m+7m) at Yaragatti and three lane undivided(10.5m) at near Belgaum..
The project highway predominantly passes through plain and in rolling terrain. Many stretches have S-
type and broken back curves. The pavement type all along project corridor is flexible.
10. In general the road runs through mainly rural areas, mixed nature with presence of agricultural,
vacant land and interspersed built-up area with intersections which lead to small villages and hamlets.
The traffic on this road is mostly cars with slow moving farm vehicles using the road for local access.
There are motorized two wheelers which are mostly used by local people to ply short distances
between or within the towns. Government buses (public transport) also use the highway for inter-town
and long distance travel services.
11. Some part of the project corridor traverses through Hill section, starts at Hanumanatti village and
ends at Karidiguddi village from Km 35.800 to 38.800 (approx. 3.0km) with maximum grade of 5-6%.
In this stretch road passes through various sharp curves, hair pin bends. There are no proper sign
boards at the curves and safety measures during night.
1.4 Magnitude of impacts
12. The overall objective of the project is to provide for safe travel for passengers and pedestrians
along this corridor. The outcome of the project is beneficial to all using this corridor. However, the
proposed project will have localised negative impacts at the major junctions where land acquisition will
be required and where improvements and widening will impact petty shops and other commercial/
vendor activity.
13. There are 48 PAFs who will loose a part of their agricultural land. Of these 25 PAFs are losing one
gunta and less than one gunta of land. The maximum loss of is of 13 3/4 guntas. There are49 PAFS
who are losing Gramthana land of which 46 are losing one gunta and less than one gunta of land.The
project impacts are as follows:
Table 1: Summary of Project Impacts
Sl.
No.
Impact Extent
1. Total Private Land to be acquired 02.34 1/4 Acres (2.14 1/2 acres
agricultural land; 0.19 3/4
Nonagricultural land
2. Total PAFs 226*
3. Total PAPs 552 **
4. Families Affected in KSHIP in who have not received
payment
1
5. Squatters - 106
6. Titleholders 113
SCDP –Belgaum to Yargatti Resettlement Action Plan
9
Sl.
No.
Impact Extent
7. Tenants 6
7. Titleholder PAFs needing relocation 0
*Note: There are a few cases where a single PAF is losing more than one survey number. The household scheduled filled is only one for such cases.
** This number will change, after the census survey for all the households are updated.
1.5 Objectives
14. This Resettlement Action Plan (RAP) is project specific RAP, which outlines the extent of impacts due to junction improvements on communities and the mitigation of the potential impacts. It details necessary implementation procedures for resettlement and rehabilitation. This RAP is prepared in accordance with the stipulations and guidelines provided in the Policy Framework for the Karnataka State Highways Improvement Project –II, The Right to Fair Compensation and Transparency in Land acquisition and Resettlement and Rehabilitation Act 2013 and World Banks Involuntary Resettlement Policy OP 4.12. The objective of this RAP is:
a. To Identify adverse impacts and determine how they could be overcome or substantially
mitigated;
b. To present the entitlements for the affected persons for payment of compensation and
assistance for establishing the livelihoods and ;
c. To present an action plan for the delivery of compensation and assistance in accordance with
the policy adopted for the project.
d. To prepare an action plan for the project affected people for improving or at least retaining the
living standards in the post resettlement period.
1.6 Approach to Resettlement Planning
15. During the census survey it was seen that junction improvement will have impact on non
agricultural plots (gramathana), businesses and agricultural land. The impacts arelargely at Yargatti
Junction. Improvement work will require land acquisition. Most features of the RAP with regard to
implementation and institutional mechanism will follow that of the KSHIP II, including the process of
acquiring land through the KHA 1964. This document highlights the changes and additions in
entitlement matrix due to the RFCTLARRA 2013.
16. The RAP is prepared to ensure that:
a. The displaced persons are: (i) informed about their options and rights pertaining to
resettlement; (ii) consulted on, offered choices among, and provided with technically and
economically feasible resettlement alternatives; and (iii) provided prompt and effective
compensation at full replacement cost for losses of assets attributable directly to the project;
b. Displaced persons are: (i) provided assistance (such as shifting allowance, transition
allowance, economic rehabilitation grant etc.) during relocation; and (ii) provided with
residential housing, or housing sites, or, as required compensated for agricultural sites;
c. To ensure that displaced persons are : i) offered support after displacement, for a transition
period, to restore their livelihood and standards of living; (ii) provide with development
assistance in addition to compensation measures, such as credit facilities, training, or job
opportunities; and (iii) at least improving or retaining the living standards in the post
resettlement period.
1.7 Right of Way and Corridor of Impact
17. The Right of Way is the lawfully acquired corridor of public land owned by the State Government
and administered by the PWD for the transit of the existing road. The preparation of the Land
Acquisition Plan is being done through the verification of land records for the ownership of
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10
land.Though the road was covered under KSHIP I, during the social survey under this project
squatters were again identified, within the COI.
18. For this project, preparation of RAP associated with displacement is limited to the junctions only.
The corridor of impact is the width required for the actual improvement works, including medians,
shoulder, embankments and drains. Within this corridor there should be no structures or hindrances.
The objective of social input to project design is to ensure that the corridor of impact is reduced, within
acceptable design principles and standards, to minimise displacement and other project impacts.
Those affected between the Corridor of Impact and Right of Way during the lifetime of the project will
be assisted in line with this project Entitlement Policy, if they are required to be affected for any
additional work required for this project.
1.8 Issues and limitations
1. In the census survey conducted, one PAF, Muchandikar Lakshman Kallappa, was identified
who was yet to receive compensation for the land lost under KSHIP I. the PIU will ensure that
compensation for land acquired under KHSIP I is now paid calculated based on the provisions
of the RFCTLARRA 2013. The PIU will get consent of the affectedperson, that he is willing to
part with his land a second time, without having received compensation as yet for the
previous land lost to the project. This matter will be resolved before land acquisition process
is initiated.
2. Also the census survey took into one family per survey number as available for those loosing
agricultural land. At this stage we do not know who exactly will be losing land, as more than
one family is listed in the RTC. The actual land looser will be identified after the issue of 19
Notification of the KHA Act. This problem does not arise in the case of those losing non-
agricultural land.
3. The Census could not be done for all the households as in some cases the family members
were not present; also in some cases the families whose lands were being affected lived in a
different village far away from the road.
4. One vendor market is required at Yargatti Town to accommodate about 61 squatters, getting
affected due to junction improvement and another 45 squatters who will be affected in the
area where the vendor market will be set up.Detailed consultations have been held with the
affected families, host population and Yargatti Panchayat regarding this. The Panchayat has
agreed to provide land for the construction of Vendor Market near the bus stand. The cost
estimates for the vendor market has been included in the RAP. Details on the consultations
and the process followed in identification of the area of the vendor market have been given in
Chapter IV.
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CHAPTER II - LEGAL FRAMEWORK AND RESETTLEMENT POLICY PROVISIONS
19. This chapter provides an overview of the applicable policy and Acts for the Project.The Policies
applicable to this project are the Policy Framework for Karnataka State Highways Improvement
Project –II, The Karnataka Highways Act 1964,theRight to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013and The World Bank Policy on
Involuntary as given in Operational Policy 4.12.
2.1 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
20. This is a new Act which will regulate land acquisition and provide rules for granting compensation, rehabilitation and resettlement to the affected persons in all projects in India. The Act provides for fair compensation to those whose land is taken away, bring transparency to the process of land acquisition and assure rehabilitation of those affected. The Act will replace the Land Acquisition Act, 1894, has come into force from 1 January 2014.The aims and objectives of the Act include:
To ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution of India, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families.
Provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition.
Make adequate provisions for such affected persons for their rehabilitation and resettlement.
Ensure that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.
21. The Act defines affected families as: (i) a family whose land or other immovable property has been acquired; (ii) a family which does not own any land but a member or members of such family may be
agricultural laborers’, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land;
(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of land;
(iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land;
(v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition;
(vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land;
22. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I.Schedule III of Act proposes additional amenities over and beyond those outlined above. Schedule III proposes that the Acquiring Body shall provide 25 additional services to families affected by the land acquisition. Some examples of the 25 additional services include schools, health centers, roads, safe drinking water, child support services, places of worship, burial and cremation grounds, post offices, fair price shops, and storage facilities. 23. Clause 100 of the Act proposes the given entitlements as minimum. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed by RFCTLARRA.
http://en.wikipedia.org/wiki/Land_Acquisition_Act,_1894http://en.wikipedia.org/wiki/Land_Acquisition_Act,_1894http://en.wikipedia.org/wiki/Constitution_of_Indiahttp://en.wikipedia.org/wiki/Industrialisationhttp://en.wikipedia.org/wiki/Urbanisation
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The main features of the Act are:
(i) Acquisition for public purpose 24. The Land Acquisition Bill of 1894 facilitated the government to acquire private land for use for public purposes, or acquire land for companies proposing to utilize the land towards a public purpose. The new Act defines public purpose more specifically as compared to the earlier Act thereby reducing scope for different interpretations. The new Act does not allow any change in purpose after acquisition.
(ii) Social Impact Assessment mandatory 25. In the new Act the SIA is mandatory. It prescribes the need for a Social Impact Assessment by the Gram Sabha or an equivalent body in urban areas as part of the preliminary investigations for the land acquisition. The SIA will assess public purpose, minimum extent of land required, estimation of displacement and social impact on affected families including costs. The SIA will be appraised by an Expert Group. No land acquisition shall be initiated unless SIA is approved by the Expert Group.
(iii) Specific time lines for SIA 26. The new Act provides specific timelines for implementation. The timelines are: (i) Social Impact Assessment – 6 months (ii) Appraisal by Expert Group – 2 months (iii) Examination by Appropriate Government and Preliminary Notification – 12 months from the time of submission of Expert Group Report. (iv) Objections to be given within 60 days of Preliminary Notification (v) Public hearing to be conducted after Preliminary Notification (vi) Draft Declaration and R&R Scheme to be done after Public hearing, time taken from Preliminary Notification draft declaration – 12 months (vii) Compensation amount to be paid 3 months from award and R&R amount within 6 months (viii) infrastructure amenities to be provided within 18 months from award. 27. The process will lapse in case no land acquisition notification happens after twelve months of the EG report. Further, the R&R award should be made within twelve months from public declaration of the R&R scheme. Such a timeline is however extendable by the appropriate Government by another twelve months if deemed necessary.
(iv) Retroactive Clause 28.The new act protects those losing land under the retroactive payment under Clause 24. In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation, rehabilitation and resettlement shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed. 29. In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act: 30. Also where an award has been made and compensation in respect of a majority of land holdings has not been accepted, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.The benefit of the retroactive clause will ensure that projects are implemented with minimum delays.
32. Under the new Act the entitlements and procedure of calculation of the compensation will ensure that compensation for land will be based on the calculation of market value. The highest of the 3 calculations as given below will be adopted. (a) the market value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) consented amount of compensation as agreed upon in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:
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33. The date for determination of market value shall be the date on which the notification has been issued under Section 11.The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas.
(v) Payment of solatium 34. The Act stipulates a solatium equal to 100 percent of the market value of the property including value of assets.
(vi) Payment of Resettlement and Rehabilitation assistance 35. Thenew Act provides resettlement assistance for all those who are losing livelihood due to land acquisition. The Act in Clause 100 proposes the given resettlement entitlements as minimum. The state governments of India, or private companies, may choose to set and implement a policy that pays more than what is proposed in the Act.
(vii) Restrictions on acquisition of irrigated multi-cropped land 36. In order to safeguard food security, the Act restricts any acquisition of irrigated multi-cropped land except for exceptional circumstances. An equivalent area of culturable wasteland or land value has to be deposited with government in the case of such an acquisition.
(viii) Multiple displacements 37. The Act under Section 40 provides additional benefits for those with multiple displacements, additional compensation equivalent to that of the compensation determined will be paid for second or successive displacements
(ix) Formal and transparent mechanism for R&R implementation prescribed 38. The Act has outlined a structured institutional framework at the Centre, State and Project level to carry out the acquisition and R&R : (i) at the Central level is the National Monitoring Committee (ii) at the State level there the State LA and R&R Authority, Committee constituted by appropriate Government and State Commissioner R&R (iii) at the Project level is the District Collector, Administrator R&R and R&R Committee. 39. Overall The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act provides a framework in which the interest of the land looser is protected. The Act also empowers the government to some extent for defined purposes in order to support infrastructure development and industrialization. The new Act also increases the overall cost and time required for land acquisition, thereby compelling project owners towards more efficient utilization of land. How the Act will work is yet to be seen.
2.2 OP/BP 4.12 - Involuntary Resettlement
40. World Bank addresses Involuntary Resettlement with its Operational Policy 4.12. The important
clauses of the World Bank Policy in preparation of resettlement plan and policy framework includes
the following:
(a) Ensure that the displaced persons are informed about their options and rights pertaining to
resettlement;
(b) Consulted on, offered choices among, and provided with technically and economically
feasible resettlement alternatives;
(c) Prompt and effective compensation at full replacement cost for losses of assets;
(d) Provide assistance and allowances;
(e) Provide equivalent productive assets for the loss of residential house, agricultural land etc.;
(f) Provide support for the transition period (between displacement and livelihood restoration);
(g) Provide land related development assistance (credit facilities, training and job opportunities);
(h) Preference should be given to land based resettlement strategies for displaced persons
whose livelihoods are land-based;
(i) Cash compensation level should be sufficient to replace the lost land and assets at full
replacement cost in local markets;
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14
(j) Eligibility of Benefits include, the PAPs who have formal legal rights to land (including
customary and traditional land rights recognised under law), the PAPs who don't have formal
legal rights to land at the time of census but have a claim to such land or assets and the
PAPs who have no recognisable legal right to the land they are occupying;
(k) Particular attention will be paid to the needs of vulnerable groups among those displaced,
especially those below the poverty line, landless, elderly, women and children, ethnic
minorities etc;
(l) The displaced persons and their communities will be provided timely and relevant information,
consulted on resettlement options, and offered opportunities to participate in planning,
implementing, and monitoring resettlement. Appropriate and accessible grievance
mechanisms are established for these groups
41. IR policy details the requirement of a resettlement policy inclusive of all the above points. It also requires that a project prepares a SIA and RAP.
2.3 OP/BP 4.10 - Indigenous People
42. OP/BP 4.10 directive provides policy guidance to: a) ensure that indigenous people benefit from development projects, and b) avoid or mitigate potentially adverse effects on indigenous people, tribes, ethnic minorities, or other groups. It provides directives for preparation of indigenous people development plan (IPDP). The pre requisite for successful IPDP includes:
Prepare a plan based on people's choice;
Avoid or mitigate adverse trends;
Development activities adaptable to the needs and environment of indigenous people; and,
Encourage early handing over of project management to local people.
43. The OP 4.10 elaborates the contents and the component of the IPDP. The World Bank expects that the IPDP needs to be implemented separately untied with the primary project's objectives. Appropriate existing institutions, local organizations and non-governmental organizations (NGOs) with expertise in matters relating to indigenous people should implement the plan. The IPDP for indigenous people should include: (i) Assessment of legal framework; (ii) Baseline data; (iii) Land tenure; (iv) Strategy for local participation; (v) Technical identification of development or mitigation activities; (vi) Institutional capacity; (vii) Implementation Schedule; (viii) Monitoring and evaluation; and,(ix) Cost estimates and financial plan.
44. An IPDP is not required for this project at this stage. An IPDP will be required only the above pointsare triggered. 2.4 Karnataka Highway Act 1964
45. In addition to the above measures, realizing the need of infrastructure development like roads in timely manner, the PWD GOK has decided to acquire the land in KSHIP –II through the “The Karnataka Highways Act 1964”(KHA,1964) instead of using the Land Acquisition Act of 1894. Chapter III on Land Acquisition and Compensation Payment discusses the KHA. The process of compensation is further elaborated in Chapter III and this is now replaced with the provisions of RTFCTLARR Act. .
2.5 Comparison of National and KSHIP II Policies with World Banks IR Policy
46. A comparison has been made with the RFCTLARRA, KSHIPII policy and the World Banks IR Policy. The RFCTLARRA regulates land acquisition and provides rules for granting compensation, rehabilitation and resettlement to the affected persons in all projects in India. It provides a systematic approach to address resettlement issues in India and significantly closes the gaps with the IR Policy of World Bank. The KSHIP II policy will be updated underthis project to address gaps in the existing policies which are relevant for the project.
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Table 2: Comparison of the RFCTLARRA 2013, KSHIP II with the key indicators of the World Bank Policy and Gaps to be filled
World Banks
IR Policy
RFCTLARRA 2013 KSHIP II Policy Gaps to be
filled
1 Compensation
to be paid at
Replacement
Cost
The new bill provides the market value with a
detailed calculation of market value which, includes
(i)value of land to be determined as
provided under section 26 plus ;
(ii) Factor by which the land value based on
calculation under Section 26 is to be multiplied in
the case of rural area is 1 – 2 based on distance of
the project from urban area, as may be notified by
the appropriate Government. And by a factor of 1
for urban areas, plus (iii) Value of assets attached
to land or building under section 31plus Solatium
Equivalent to 100% of the market value of Land,
multiplied by the factor specified for urban and
rural areas.
3 Compensation
and
assistance to
be extended
to all those
affected
irrespective
legal status
Under second schedule it is mentioned
resettlement entitlement will benefit families whose
livelihood is primarily dependent on land acquired,
which include tenants/sharecroppers, agricultural
laboures. However, there is no reference to
squatters and encroachers
Addresses
squatters and
encroachers
Unit costs
are updated.
4 Cut -off Date Those living 3 years prior to acquisition will be
considered for benefits.
The date of
census survey is
considered as the
cut off date
5 Additional payment for those families facing
multiple displacement
The
compensatio
n will be
paid at two
times.
6 Where award for a previous project has been made
and land not acquired for 5 years the land goes
back to the land owner. Where award has been
made and the amount has not been deposited in
the court the compensation has to be calculated
based on the New Land Act
Compensati
on will be
paid as per
RTFCTLAR
R Act
provisions
7 Social Impact
Assessment
(SIA)
to identify the
impacts, risks
The bill proposes preparation of SIA study under
Chapter 2, Section 4.
Social
Assessment
Report is prepared
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and views of
potential
project-
affected
persons and
communities
5 Preparation of
a
Resettlement
plan and
Census
Survey to
address
adverse IR
impacts.
Provision for preparation of Rehabilitation and
Resettlement Scheme under section, which is
similar to RP.
RAP is prepared
6 Consultation
with affected
persons
Proposed in different sections throughout the bill,
Section 17, para 4, Section 4 para 1 to give a few
instances.
7 Disclosure of
involuntary
Resettlement
information to
stakeholders
Provisions for disclosure is there -Publication of
SIA study under Section 6, Publication of the
Rehabilitation and Resettlement Scheme under
section 19
8 All
compensation
to be paid
prior to
displacement
andthe
commenceme
nt ofcivil work.
Possession of land is after the collector ensures full
payment of compensation as well as resettlement
benefits to be paid within 3 months for
compensation or 6 months for other benefits from
the date of award.
All compensation
to be paid before
start of civil works
9 Special
assistance for
vulnerable
households.
There are specific provisions for scheduled Castes
and Scheduled Tribes under Section 42, plus
additional benefits as given in Second Schedule
Covers other
groups such as
women headed
house holds
10 Other
Allowance
such as
subsistence/
transition,
shifting
allowance
Provisions for all allowance given in Second
Schedule.
11 Livelihood
restoration
Provides for training and livelihood restoration
measures under Second Schedule which also
includes a job in the project activities if the scope is
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available.
12 Grievance Redressal Mechanism.
The bill has a detailed grievance mechanism
proposed at all levels starting from the gram sabha
upto the Government level.
13 Monitoring Monitoring is only proposed at the national level. Regular
monitoring at the
project level is
proposed.
47. Taken together, The KSHIP Policy will establish near equivalence of World Banks IR Policy. Adoption of the above principles for the project would ensure that the policies would mesh in their application to this project.
2.6 SCDP Policy
48. Based on the existing Acts and Polices applicable to the project, the Project Specific Entitlement matrix which is based on the KSHIP II policy has been updated, taking into consideration the recommendations of the RFCTLARRA 2013.
2.7 Impacts and Entitlements
49. This policy addresses the direct and indirect impacts of project construction and operation on affected persons, families, households, communities, and groups. The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Mitigation is provided through compensation and assistance to project-affected persons, families, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework adopted by the project. The policy provides mitigation for:
loss of assets, including land and house or work place;
loss of livelihood or income opportunities; and
Collective impacts on groups, such as loss of community assets, common property
resources, and others.
50. Loss of assets and livelihood are impact categories that represent direct project impacts
on an identified population. The people likely to be affected will be surveyed and registered,
and project monitoring and evaluation will compare long-term impact against baseline socio-
economic data. Collective impacts on groups represent direct and indirect impacts. There is
one shrine, in this project that is likely to be impacted, but during construction it will be seen
whether it can be retained. If not, then it will be replaced by the project in consultation with
the people who use it, in an appropriate location identified by them. The GOK from time to
time will make amendments in this policy as and when required.
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2.8 Corridor of Impact
51. Right of Way is the lawfully acquired corridor of public land owned by the State Government and administered by the PWD for the transit of the existing road. Displacement under the project will be limited to the corridor required for improvements. This corridor is referred to as the Corridor of Impact. Within this corridor, there should be no structures or other hindrances. The advantage of this approach is that such a corridor is easier to maintain free of encumbrances than the full Right of Way. Where the COI is beyond the RoW land acquisition will be required. In this project, even though this road was upgraded under KSHIPI, during the census survey it was seen that there were squatters and encroachers in the COI.
2.9 Targeted support to vulnerable groups
52. The project will develop target assistance for groups such as women-headed households, disabled, widow and persons above the age of 60 years. Attention will be given on a case by case basis, with regard to their rehabilitation, livelihood, educational opportunities, vocational training, etc.
2.10 Option and Choices
53. The project will provide options and choices among different entitlements to the affected population. As part of the project consultation and participation mechanisms, people will be informed and consulted about the project and its impacts, and their entitlements and options. The affected population will be counselled so that they are able to make informed choices among the options provided.
2.11 Principles
54. This policy is based on the principle that the population affected by the project will be assisted to improve their former living standards. The policy emphasizes that involuntary resettlement will be avoided or minimized where possible by exploring other alternative project designs. Where displacement is unavoidable, people loosing assets, livelihood or other resources shall be assisted in improving their former living standards. The policy document describes the details of entitlements and type of assistance to be extended to the affected persons, which will become the basis for preparing a detailed and time bound Resettlement Action Plan (RAP). The RAP will contain the implementation details on how to ensure that principles and provisions of this policy can be implemented. The Resettlement Action Plan will describe the approach to be followed in minimizing and mitigating negative social and economic impacts caused by the project, including displacement.
55. This policy identifies categories of expected project impacts, including loss of property and assets, loss of livelihood, and other social and economic impacts on groups and roadside communities. All people, households and groups adversely affected by the project would be registered and support will be given in accordance with these policy provisions.
2.12 Updation of the Entitlement Policy
56. Taking into considerations the provisions of the RFCTLARRA 2013, the rates given in the KSHIP II will be revised.However if the rates given the KSHIP Policy is higher, then those will be retained taking into consideration a 10 % increase of the rates compared to the 2010-11 rates.The changes to be incorporated in the Entitlement Matrix for this project will include
a.The provisions of the new Act bill include a retroactive clause, in Section 24 will apply in the following cases:
a. If no award has been made under Section 11 of the LA Act 1894, then the new Act will apply;
b. Where an award under Section 11 has been made 5 years or more prior to the commencement of this Act, where physical possession has not taken place OR compensation not paid the said proceedings shall have deemed to have lapsed and the new Act will apply.
c. Also where award has been made and the deemed amount for the majority of the beneficiarieshas not been deposited in the account of the beneficiaries then the new Act will apply
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d. Where possession has not taken place or compensation not paid due to process in the court of law,the period spent under litigation shall also be taken to account for lapse of 5 years, the application of the new Act.
57. The project based on KSHIP II experience, has been recognised and those living on Gramthana land. Persons who are residing on Gramthana land and have invested in building their house/structure, compensation will be paid for the affected portion of the structure and R&R benefits will be extended similar to title owners.
58.The entitlements and procedure of calculation of the compensation will ensure thatcompensation for land will be based on the calculation of market value. Of the 3 mentioned calculations whichever is higher, will be taken and the date for determination of market value shall be the date on which the notification has been issued under Section 11. The replacement value calculated will be multiplied by a factor of 1 for urban areas and 1-2 for rural areas depending on the distance from the urban area.The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets. Thus for urban areas the minimum negotiated value will be 2 times the guidance value and for rural areas it will be 4 times the guidance value. 59. In case of multiple displacement compensation twice the calculatedamount will have to be paid. By displacement it is understood as where one has to be physically relocated again. Based on our survey no such case was identified for this project. 60. If alternate Government land is not available for squatters loosing house – the cost of construction of house at Rs.1,50,000and the cost of site at Rs.40,000 will be made available to the squatter. 61. The minimum size of house of in rural area shall be as per Indira Awas Yojana. In urban areas,plinth size will be not less than 50 sq mts. However the size of houses as given in the KSHIP Policy will be retained for this project 62.Construction allowance of a minimum of Rs.1,50,000, per family in urban area if the family opts not to take the dwelling unit provided by the project. In rural areas it will be the cost equivalent of the constructed house which is Rs1,50,000, based on the Indira Awas Yojana program. 63. Choice ofannuity or employment – the following options are to be provided: (a) where jobs are created through the project, ‘after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) one time payment of Rs.5,00,00.00 per affected family; or (c) annuity policies that shall pay not less than Rs.2000.00 per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. This will be provided only to those who loose one hectare of unirrigated land or half hectare of unirrigated land and those who loose their complete commercial structure. 64. Other assistance includes:
(i) Subsistence allowance will be a minimum of Rs.3000 per month for one year. In case Scheduled Castes or Scheduled Tribes displaced for Scheduled area such families shall receive Rs.50,000. The subsistence allowance for SCDP will be proposed at Rs.40,000, taking into consideration a 10% increase from the rates given in 2010-2011
(ii) One time Transportation allowance of Rs. 50,000. (iii) One time assistance of Rs.25,000 for cattle shed (iv) Families who are small traders, artisans or self-employed who own non-agricultural land and
are displaced, a onetime grant of a minimum of Rs.25,000. (v) Each family will get one time resettlement assistance of Rs.50,000. (vi) For non –titleholders shifting allowance will be revised from the existing rate of Rs. 5000 to
Rs. 20,000. (vi) The construction cost for non-titleholders house will be Rs.1,20,000, linked to progress of
construction. (vii) For vulnerable groups one time lump sum assistance of Rs. 40,000 among titleholder and
those on gramthana land and Rs.20,000 for non-titleholder. Additional benefits to SC ST
SCDP –Belgaum to Yargatti Resettlement Action Plan
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according to the RFC TLARRA. This will be restricted to those who have no one or cannot be provided with alternative resources.
2.13 Entitlement Matrix
65. The entitlement matrix will guide to offer compensation and assistance to those persons affected by the project. The detailed entitlement matrix for the project is given in Table 3
Table 3: Entitlement Matrix
No Impact
category Entitlements Remarks
I. Title Holders
(a) Loss of land 1. Compensation through
negotiation as per Karnataka
State Highway Act, 1964 and
as modified or as per the
provisionof RTFCTLARR Act,
2013.
2. Amount equivalent to current
stamp duty and registration
charges on compensation
amount for replacement of lost
assets;
3. Additional25%
compensation(of the actual
land value) in case remaining
land is severed;
4. Loss of perennial crops and
non-perennial crops will be
compensated in accordance
with Horticulture department
valuation process;
5. A grant of Rs. 25,000 for
replacement of Cattle shed;
6. Water yielding bores will be
replaced in the remaining land
holding subject to availability
of water; in case water is not
available the replacement of
the bore well will be provided.
7. In case of affected Bagar
hukum land owners,
compensation will be paid
similar to landowners
8. In case land owners become
marginal farmer, landless or
those who are already
marginal, the following
entitlement will be provided:
(a) Subsistence Allowance
Higher of (i) minimum value
as per registered sale
deeded; (ii)average sale
price for similar land
ascertained from the
highest 50% of sale deeds
of the preceding 3 years or
consented amount in case
land has been acquiredfor
PPPs or private companies
If land owners comes
forward for negotiated
settlement an additional25
%of compensation will be
paid2 .
Solatium equivalent to 100
% of the value of assets
attached to the land.
Bagar Hukum land losers
are those whose
application is pending for
disposal with Competent
Authority (Tahsildar) and
are cultivating the affected
lands at the time of
acquisition. A certification
from Tahsildar is required
for such applicants to
receive applicable
entitlements.
All taxes including income
tax if any, will be borne by
KSHIP/KRDCL.
Difference amounts will be
paid, if required in cases
where compensation paid
by consent agreement after
2 The multipliedfactor adopted by GoK for distance from urban area to the affected area will be applied.
SCDP –Belgaum to Yargatti Resettlement Action Plan
21
No Impact
category Entitlements Remarks
ofRs.40,000/-,(b) Assistance
of Rs.1,00,000/- for creating
Income Generating Assets
and (c) Training assistance.
9. Annuity /Lump sum or
employment benefits as per
schedule 2 of RTFCTLARR
Act, 2013, will be provided if
the land owners loose one
hectare of un-irrigated land or
half a hectare of irrigated land.
10. Compensation for land
includes compensation for all
assets attached to land.
11. In case of those who lose a
narrow stretch of land and not
eligible for any R&R benefits
will be offered additional
allowance as follows:-
(a) Loss of land upto 5 guntas
Rs.30,000/- (b) Above 5
upto 20 guntas Rs.
40,000/- (c) Above 20
guntas Rs. 50,000/-
12. An additional amount of 12%
per annum on the
compensation amount will be
paid as interest from the date
of publication of preliminary
notification toAward
announcement.
January 01, 2014 and prior
to the Government order for
this updated Framework.
.
(b) Loss of
Residential
structures
1. Compensation at current PWD
scheduled rates without
depreciation with Solatium
equivalent to 100% of the
value.
2. In case of total loss of house
in rural areas, a constructed
house shall be provided as
per the Indira Awas Yojana or
other Government program
houses specifications OR a
construction cost of Rs.
1,50,000 will be offered if the
affected family opts not to take
a house;
3. If a house is lost in urban areas, a constructed house shall be provided based which
In case more than 25% of
house is affected and
unviable for retaining, full
compensation will be paid.
Resettlement colonies will
be developed if more than
20 families are displaced in
2 Kms continuous stretch3
and facilities in line with the
provisions of Schedule 3 of
RTFCTLARR Act, 2013 will
be provided.
The maximum plot size will
be equivalent to size of369
sqmt/1200sqft in rural area
and 184 sqmts /600 sqft in
urban areas.
Alternative house will be
3 Resettlement sites will have infrastructure facilities as given in Schedule III of the RFCTLARRA.
SCDP –Belgaum to Yargatti Resettlement Action Plan
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No Impact
category Entitlements Remarks
will be more than 50Sq.meters or if the affected family prefer not to opt for a house, they will be provided with Rs. 2,00,000 will be offered.
4. Shifting assistance of Rs.
50,000
5. Subsistence allowance of Rs.
40,000.
6. Resettlement assistance of
Rs.50,000.
7. In case of those who have
homestead lands, Rs. 50,000
will be provided towards site
development.
8. Additional 25% structure
compensation for partially
affected structures towards
reconstruction of houses.
offered those who are
residing in the project for 3
years prior to first
notification and do not have
homestead land.
Those who are residing for
less than 3 years and do not
possess homestead land
will be given, 50% of the
above cash amounts
towards arranging
alternative housing.
People have right to salvage
the affected materials.
No family affected by
acquisition shall be given
more than one house.
(c) Loss of
commercial
structures
1. Compensation at current
PWD scheduled rates without
depreciation, with Solatium
equivalent to 100% of the
value.
2. Shifting assistance of Rs.
50,000
3. Subsistence allowance of Rs.
40,000.
4. Resettlement assistance of
Rs.50,000.
5. One time grant of Rs. 50,000 for reconstruction of affected structures
6. Annuity / Lump sum or
employment benefits as per
schedule 2 of RTFCTLARR
Act, 2013 for those loosing
complete commercial
structure and remaining
structure is unviable for
containing business.Additional
25% compensation for
partially affected structures
will be provided.
Shopping units with 100-150
sq.ft will be constructed if
more than 20 shops are
affected in a continuous
stretch of 2 kms, in lieu of
Income generation asset
support with basic
amenities.
People have right to salvage
the affected materials
Training for self-employment
will be provided to one adult
per family as needed
(d) Loss of
commercial
cum
residential
structure
1. Option of house and other
entitlements as provided
under loss of residential
structure or entitlements as
provided for loss commercial
structure.
II. Tenants
SCDP –Belgaum to Yargatti Resettlement Action Plan
23
No Impact
category Entitlements Remarks
(a) Residential For those tenants residing less
than 3 years on date of
preliminary notification, the
following will be provided:
1. Rental allowance for 6 months
@ Rs. 2000 per month in rural
and Rs. 3000 in urban areas
2. Shifting assistance of Rs.
50,000.
3. In case of those who are
residing for more than 3 years
and do not have a homestead
plot, will be extended
assistance such as cash
allowance for house
construction, shifting and
subsistence allowance as
available to owner of
residential houses.
This is restricted to only
permanent residents of the
area / village subject to
production of certificate to this
extent from concerned
Tahasildar.
(b) Commercial For those tenants residing less
than 3 years the following will be