Resettlement Action Plan (Rap)

DRAFT

RESETTLEMENT ACTION PLAN (RAP)

FOR BRTS CORRIDOR

WAKAD TO NASHIK PHATA

AND

KALEWADI TO DEHU ALANDI ROAD

PREPARED BY

PIMPRI-CHINCHWAD MUNICIPAL CORPORATION

OCTOBER 2010

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
WB / World Bank

EXECUTIVE SUMMARY

Pimpri-Chinchwad Municipal Corporation (PCMC) is developing a network of 130 km long bus-based mass transit road corridors across Pimpri-Chinchwad City based on its comprehensive mobility plan. 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. Necessary other infrastructure will also be provided to ensure urban amenities to support high population densities along the BRTS corridors.Through planned, pre-empting investments in this project, PCMC intends to catalyze more orderly and efficient spatial development towards a “compact city” and improvement of the overall mobility, which is a fundamental departure from the inefficient old retrofitting approach of merely trying to catch up with uncontrolled rapid urban sprawl.

The BRTS of Pimpri-Chinchwad City is expected to be integrated with the similar BRTS of the neighbouringPune City, which will soon be developed. Recognizing that a BRTS will be a cost effective mode of transport, PCMC is exploring funding options for execution of the projects. Though JNNURM forms an important source of funds, it is not completely sufficient. As part of its exploration of additional funds, PCMC has applied to the World Bank under the GEF-SUTP/IBRD fund. The present report of Resettlement Action Plan (RAP) is prepared as per the requirements of the safe guard loan covenant of the World Bank. This RAP is prepared for the 2 BRTS corridors based on the detailed engineering design. According to the engineering design, it is assessed that there will be significant impact on land acquisition and resettlement and therefore a RAP is prepared for this project. The proposed BRT system consists of a network of corridors across PCMC area. The corridors (Kalewadi-KSB Chowk-DehuAlandi Road[13.2 Kms] and NashikPhata to Wakad[7.8 Kms) with a total length of 21 Kms for World Bank/IBRD funding have been selected based on criteria such as travel demand, hierarchy of road, existing bus-routes etc.

The aims and objectives of this RAP are to mitigate all unavoidable impact caused due to land acquisition and resettlement and to provide a guideline on implementation of the resettlement issues. The plan has been prepared on the basis of findings of census and inventory of losses, socio-economic survey and consultation with various stakeholders, in compliance with ESMF of SUTP. The RAP also takes in to account the laws and policies of Government of India (GoI) and Government of Maharashtra (GoM). A census and Socio-Economic survey was carried out in April-July 2010. to access the impacts as per engineering design of the alignment. A structured census questionnaire was used to collect detailed information on displaced households and to document impacts on private assets, loss of incomes and livelihood for a full understanding of impacts in order to develop mitigation measures and RAP for the PAPs.

The project will impact upon 397 households, of which 257 are residential and 140 are commercial. Of the total 257 residential PAPs, 194 are the Titleholders, 52 are Non-Titleholders and there are 11 PAPs whose loss are residential in nature, could not be surveyed due to their non-cooperation at the time of survey. Of the total 397 PAPs, 68, 72 PAPs fall within the category of commercial (Eatery, Cutlery, Workshops, etc.) are Titleholder and Non-Titleholder respectively. Of the total 72 Non-Titleholder Commercial PAPs, 21, 51 are squatter and tenants respectively. The 72 Non-Titleholder households are on public land without any legal permission. There are 21 squatters, all are commercial squatters. The squatters’ rehabilitation will be dealt as per the Hawker’s Policy of PCMC. There are a total of 904 numbers of private trees. There are 140 PAPs/households whose business will be affected from the loss of their commercial structures partially in both the corridors. The different business activities in the project area include but not limited to eatery, shop, garage, hotel, engineering, scarp shop and others. The census survey revealed that there will be a total of 76 vulnerable households; in both the corridors. Vulnerable households are women headed households, below poverty households andScheduled Caste.

The project will be impacted upon three common property resources. It includes a well, a school and a nursery is located on Wakad to NashikPhata road. The project will entail significant land acquisition and resettlement. There is a total of 54.78 hectares (Ha) of land required in the 2 corridors. Of the total of 54.78 ha, 20.43 ha are private land acquired from private sources as per the Land Acquisition Act. In NashikPhata to Wakad Corridor, 10.42 ha of private land will be acquired. In Kalewadi to DehuAlandi Road Corridor, the private land acquisition will be 10.01 ha. The compensation offered is in accordance with the local and national laws and is in conformity with the principle of replacement cost. This RAP is based on the details of impacts for this 54.78 ha of land and the squatter/informal settlements at various places, i.e. Kalewadi, Pimple Nilakh, Chikhali. There are total of 319 structures in which 257 are residential PAPs and 140 Commercial PAPs. (257 residential + 140 commercial = 397 PAPs in 319 structures). The legal status of each structure was verified from concerned department. In the primary screening, almost all structures are observed to be unauthorized construction on either reserved land.

In Pimpri-MIDC area there are 8 structures which are industrial units are entitled to get compensation for structure. The MIDC has agreed to give the substitute land for these structures. As per the entitlement matrix the PAPs who have the legal title and losing their land, two options are offered by PCMC; TDR in lieu of loss of land as per PCMC law or the compensation for land as per Land Acquisition Act. As structures are illegally constructed, they are not entitled to get the compensation for structures. However, as discussed above, they are entitled to get TDR and FSI.On the both BRT corridors, majority of the structures have been constructed without taking permission from PCMC and some of them are also not the tax payers. The entitlement matrix clearly spelled out the compensation for various categories of PAPs based on this matrix, Details of the compensation proposed by PCMC is given in the following table. As verification of the legality of the structures is in progress, there might be some additional families who will be eligible to get the benefit. More details will be calculated on the basis of submission of essential documents by PAPs. For this purpose, PCMC is preparing Micro Plan for implementation of R & R Policy.

Temporary impacts have not been identified now but during the construction phase the contractor has to ensure that there is not any kind of inconvenience caused to the people. The contractor has to identify the impacts and address them during the construction.

Different techniques of consultation with stakeholders were used during project preparation, viz., in-depth interviews, public meetings, group discussions etc. To understand the socio-economic profile of the displaced persons, questionnaires were designed and information was collected from the affected persons on one-to-one basis. Around 72 Project Affected households have been consulted as part of the census survey in BRTS subproject area on during 5 May 2009 and 28 June 2010 in the project affected zone. Focused Group Discussions (FGD) were conducted at rural as well urban areas such as Kalewadi Village (10 May 2010), Chikhali village (15 September 2010), The numbers of participants in the consultations were approximately 200. Consultations have also been carried out with special emphasis on the vulnerable groups. The key informants included both individuals and groups namely: 1]Heads and members of households likely to be affected. Groups/clusters of APs;2]Government agencies/departments Other project stakeholders with special focus on APs belonging to the vulnerable group.

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. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the Project will be made available in local language(s) and distributed to PAPs. Each PAP will be provided information regarding specific entitlements. The ESMD of PCMC will keep the displaced people informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The project summary Resettlement Plan will be translated in to local language and disclosed to displaced persons at local level. The copy of the Resettlement Plan will be available with PCMC and will be available for the PAPs as and when asked for. A copy of the draft and final RAP will be disclosed on World Bank and PCMC website.

Attempts has been made during the detailed design of the project preparation to minimize the adverse impacts on land acquisition, resettlement and on community in the project area through suitable engineering design. Steps have already been made to confine the project area in the government land and in available right of Way (ROW) where feasible. This has been done with proper consultation with the local people and affected communities. Their suggestions have been incorporated, in the design, whenever technically possible. However, there will be some unavoidable land acquisition for which adequate compensation has been provided. For the proposed work the following specific measures are taken to minimize resettlement in this project road.

• Selection of the sub project sites and its various components in the government land; and
• Adequate engineering design to minimize resettlement impact and to avoid dislocation

The implementation of RAP requires involvement of various institutions at different stages of project cycle. This section deals with roles and responsibilities of various institutions for a successful implementation of the RAP. The primary institutions to be involved in the process are as follows:

• Pimpri-Chinchwad Municipal Corporation (PCMC), Government of Maharashtra
• Department of Town Planning, PCMC, Government of Maharashtra
• Office of the District Commissioner (Special Land Acquisition Officer)
• Slum Development and Rehabilitation Authority
• Monitoring Agency

Efficient Grievance redress mechanism will be developed to assist the PAPs resolve their queries and complaints. Grievances of PAPs will be first brought to the attention of PIU. Grievances not redressed by the PIU staff (field level) will be brought to the Grievance Redress Committee (GRC). The composition of the proposed GRC will have representatives from PAPs, PCMC, Environment and Social Management division (ESMD), field staff, commissioner and Revenue Authority. The main responsibilities of the GRC are to: (i) provide support to PAPs on problems arising from land/property acquisition; (ii) record DP grievances, categorize, and prioritize grievances and resolve them; (iii) immediately inform the ESMD of serious cases; and (iv) report to PAPs on developments regarding their grievances and decisions of the GRC.

Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. When any grievance is brought to the field level staff, it should be resolved within 15 days from the date of complaint. The GRC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month of receiving the complaint—failing which the grievance will be referred to appropriate court of Law for redressal. Records will be kept of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome. The GRCs will continue to function during the life of the Project including the defects liability period.

RAP implementation will be monitored internally. The monitoring of the resettlement issues will aim at providing the PCMC with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. Monitoring will be undertaken by the PCMC with assistance from ESMD. Broadly, monitoring will include but not limited to daily planning, implementation, feedback and trouble shooting, individual PAPs file maintenance, progress reporting;

PCMC is required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports on their implementation performance. The World Bank will require PCMC

• To establish and maintain procedures to monitor the progress of implementation of safeguard plans,
• Verify the compliance with safeguard measures and their progress toward intended outcomes,
• follow up on these actions to ensure progress toward the desired outcomes, retain qualified and experienced external expert to verify monitoring information for projects with significant impacts and risks,
• Bi-annual reports will be prepared and submitted to World Bank

Internal monitoring for RAP implementation will be carried out during the entire project period. Regular monitoring of resettlement progress will identify potential difficulties and problem areas. It is a continuous process The ESMD will undertake internal monitoring and reports will be submitted to the PCMC documenting actual achievements against targets fixed and identifying reasons for shortfalls, if any. The indicators for achievement of objectives during RAP implementation are of two kinds such as (i) Process Indicators: Indicating project inputs, expenditure, staff deployment, etc. and (ii) Output Indicators: Indicating results in terms of numbers of PAPs compensated, restoration of livelihood, rehabilitation of slum dwellers. A PMC was appointed by the NPD, PMU for the project term. The project management consultants would involve social expert to design, recommend and implement resettlement activities as per the regulations of the World Bank, GEF and Government of India.PMC expert is also to verify the PCMC's monitoring information. The PMC expert will verify the monitoring information generated by the PCMC and will advise on safeguard compliance issues. If they identify any significant involuntary resettlement issues, the PCMC is required to prepare a corrective action plan to address such issues. The PMC expert will document: (i) restoration of income levels; (ii) changes and shifts in occupation patterns; (iii) changes in PAPs type of housing and asset ownership; (iv) Performance of the ESMD in resettlement implementation. The expert will monitor the project in each quarter in a year and submit reports to PMU. The PMU will submit all reports to WB.

The total time frame for the implementation of RAP would be 24 months with a total budget of Rs937.98 million.

TABLE OF CONTENTS

I / Acronyms / Page No.
II / Executive Summary
I INTRODUCTION
1.1 Back Ground
1.2 Project Description
1.3 Status on Land Acquisition and Impact
1.4 Minimizing Resettlement
1.5 Scope and Objective of the RAP
II IMPACT AND INVENTORY OF LOSS
2.1 Census and Socio Economic Survey
2.2 Overall Impacts
2.3 Land Requirement and Magnitude of Impact
2.3.1 Land Requirements
2.3.2 Land Acquisition
2.3.3 Inventory of Structure Loss
2.3.4 Loss of trees
2.3.5 Loss of Business
2.3.6 Vulnerable households
2.3.7 Impact on the Community Resources
2.3.8 Temporary Impacts
2.4 Relocation
III SOCIO ECONOMIC PROFILE
3.1 Profile
3.1.1 Educational Level
3.1.2 Occupation
3.1.3 Religion
3.1.4 Caste
3.1.5 Head of Family (Male/Female)
3.1.6 Vulnerability
3.1.7 Type of Family
3.1.8 Family Size
3.1.9 Number of Earners
3.1.10 Number of Dependents
3.1.11 Widows
3.1.12 Disable Person
3.1.13 Enrolment of children
3.1.14 Annual Income
3.1.15 Secondary Occupation
3.1.16 Indebtness
3.1.17 Participation of Women
3.1.18 Information about BRT
3.1.19 Information about the notice served by PCMC about Evacuation
3.1.20 Option preferred by PAP for Resettlement/Rehabilitation
3.1.21 Land under Residential Structure
3.1.22 Loss of Area and Percent loss of the area of land of Residential Structures
3.2 Socio-economic information about Commercial Structures
3.2.1 Type, Ownership and Response of Commercial Structures
3.2.2 Educational Background, Secondary Occupation and Religion
3.2.3 Caste, Type of Family, Size of Family and Number of Earners
3.2.4 Category of Business and Number of Employees in Commercial Activities
3.2.5 Engagement of Family Members, Number of Dependents and Number of Dependents in Commercial Activity
3.2.6 Area under Commercial Structure, Loss of Area and Percent Loss
3.2.7 Alternative
IV COMMUNITY PARTICIPATION, CONSULTATION AND DISCLOSURE
4.1 Consultation
4.1.1 Objective of the Consultation
4.1.2 Methods of Public Consultation
4.2 Findings of the Community Consultations/FGDs
4.3 Consultation with Government Officials
4.4 Perceived Impact of BRT- PAPs
4.4.1 Alternative to Overcome Impact
4.4.2 Information about BRT among PAPs
4.5 Continuation of Public Consultations
4.6 Disclosure of RAP
V RESETTLEMENT POLICY, LEGAL FRAMEWORK AND ENTITLEMENT
5.1 Policy Framework
5.1.1 Land Acquisition Act, 1894 amended 1984
5.1.2 The National Resettlement and Rehabilitation Policy (Ministry of Rural Development, Department of Land Resources), 2007
5.1.3 The Maharashtra Project Affected Persons Rehabilitation Act, 1999 modified in 2006
5.1.4 The Maharashtra Regional Town Planning Act, 1966
5.2 Principles and Policies adopted for this sub project
5.3 Eligibility and Entitlements
5.3.1 Transferable Development Right (TDRs)
VI INCOME RESTORATION AND RELOCATION
6.1 Income Restoration
6.2 Income Restoration and Relocation of Commercial Squatters
6.3 Residential Relocation
VII INSTITUTIONAL SET UP AND GRIVANCE REDRESSAL MECHANISM
7.1 Institutional Arrangement
7.1.1 Pimpri-Chinchwad Municipal Corporation (PCMC)
7.1.2 Department of Town Planning
7.1.3 Office of the District Collector (Special Land Acquisition Officer)
7.1.4 Department of Slum Rehabilitation
7.1.5 Environment and Social Management Division
7.2 Grievance Redress Committee
VIII MONITORING AND EVALUATION
8.1 Internal Monitoring
8.2 External Monitoring
8.3 Reporting Requirements
IX IMPLEMENTATION SCHEDULE
10.1 General
XI RESETTLEMENT BUDGET
11.1 Introduction
11.2 Compensation and Assistance
ANNEXURE
Annexure 2.1 Questionnaire
Annexure 3.1 Socio-economic Survey Output Tables
Annexure 11.1 List of the PAPs who have taken the benefits of EWS Scheme

LIST OF TABLES