Karnataka State Highways Improvement Project II Resettlement Implementation Plan WAP-2

Karnataka State Highways Improvement Project –II Resettlement Implementation Plan WAP-2

(Mudhol - Nippani)

1

Karnataka State Highways Improvement Project –II Resettlement Implementation Plan WAP-2

(Mudhol - Nippani)

Contents

ABBREVIATIONS

EXECUTIVE SUMMARY

I INTRODUCTION

Objectives of RIP

Main activities of RIP

Minimization of Impacts and Corridor of Impact

II. LAND ACQUISITION AND RESETTLEMENT IMPACTS

Land Acquisition Status

Guidance Value

Negotiation Committee

Method of Price Negotiation

Records to be submitted by the Land Owners

Failure of KHA and Appellate Committee

Conclusion of negotiation

Valuation of Assets on land under LA

Valuation of Crops

Valuation of other structures/assets

Site Requirement for Residential and Commercial impacts

Loss of Community Assets

III. BASELINE CENSUS SURVEYS AND CONSULTATIONS

Characteristics of displaced households

Major and Minor Impacts

Vulnerable groups

Consultations

IV. IMPLEMENTATION MECHANISMS

Institutional Arrangements

Extending R & R Assistance to PAPs.

Implementation support by NGOs

IR Activities

Monitoring and Evaluation support for RAP

Grievance Redressal mechanism

Resettlement Colonies and Vendor Markets

Protection of RoW

Impacts on Municipal Towns

Data Base Management

Co –ordination between R&R and Civil works

Monitoring and R&R Activities

Additional Impacts

Budget

Disclosure

Annexure 1: Guidance Value as on May 2011

Annexure 2: Details of PAFs in link 19A

Annexure 3: Details of PAFs in link 19B

Annexure 4 : Details of PAFs in Link 19C

Annexure 5: Details of PAFS in Link 19D

Annexure 6: Details of Community Structure

List of Tables

Table 1- 1: Package Details

Table 1- 2: Summary Tables on Impacts

Table 2- 2: Summary Table on Community Assets

Table 3- 1: Baseline Socio Economic information - for Major impacts (232)

Table 3- 2: Distribution of PAFs by Major and Minor Impacts for WAP 2

Table 3- 3: Consultation Summary

Table 4- 1: R& R Assistance

Table 4- 2: Time line for Key LA and R & R Activities

Table 4- 3: Time line for LA and R & R Activities

Table 4- 4: Monitoring Indicators for Physical Progress

Table 4- 5: Budget

Table 4- 6: Guidance Value for Link 19A

Table 4- 7: Guidance Value for Link 19B

Table 4- 8: Guidance Value for Link 19C

Table 4- 9: Guidance Value for Link 19D

Table 4- 10: PAFs Structure details of link 19A

Table 4- 11: PAF Structure details of link 19B

Table 4- 12: PAF Structure details of link 19C

Table 4- 13: PAF Structure details of link 19D

Table 4- 14: Community Asset Details of link 19A (Mudhol - Mahalingapura )

Table 4- 15: Community Asset Details of link 19B (Mahalingapura - Kabbur)

Table 4- 16: Community Asset Details of link 19C (Kabbur - Chikodi)

Table 4- 17: Community Asset Details of link 19D (Chikodi - Nippani (NH4))

List of Figures

Figure 1- 1: Distribution of PAFs for Package WAP2

Figure 1- 2: Distribution of PAFS by Major Impact for Package WAP 2

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Karnataka State Highways Improvement Project –II Resettlement Implementation Plan WAP-2

(Mudhol - Nippani)

ABBREVIATIONS

AC / Assistant Commissioner
ADSW / Assistant Director Social Welfare
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
EPC / Engineering Procurement Contract
GOI / Government of India
GOK / Government of Karnataka
GRC / Grievance Redressal Cell
ID / Identity Card
IPDP / Indigenous People Development Plan
IR / Income Restoration
KHA / Karnataka Highways Act
KSHIP / KarnatakaState Highways Improvement Project
LAA / Land Acquisition Act
LAO / Land Acquisition Officer
LAP / Land Acquisition Plan
NGO / Non-Governmental Organization
PAF / Project Affected Family
PAG / Project Affected Group
PAP / Project Affected Person
PIU / Project Implementation Unit
PGB / Project Governing Body
PWD / Public Works Department
PU / PreUniversity
PGB / Project Governing Body
RTC / Record of Rights
R & R / Resettlement and Rehabilitation
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
UR / Upgradation
ZP / Zilla Panchayat

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Karnataka State Highways Improvement Project –II Resettlement Implementation Plan WAP-2

(Mudhol - Nippani)

EXECUTIVE SUMMARY

The Karnataka State Highways Improvement Project (KSHIP) – II covers a length of 826.7 kms. The roads have been categorised into two types of contracts EPC and Annuity. It consists of 269.4 kms of EPC roads consisting of 5 packages and 557.3 kms of roads under annuity contract consisting of 4 packages. Contract package WAP 2, is an Annuity package which covers 108 kms consisting of 4 links.The details are given in Table 1.1This Resettlement Implementation Plan covers the implementation requirements for Package WAP 2.

In this package about 77 acres 17¾ guntas land has to be acquired, of this about 76 acre 06 ¾ guntas is dry land and 02 guntas plantation and 1 acre 09 guntasis kharab land. As a result of land acquisition and related impacts 681PAFs will lose part of their land; and another 298 PAFs lose their house hold/commercial/ assets /livelihood. In addition, 156 community assets will also be affected. Out of these impacts, 232 PAFs are in the major impact category losing their houses/shop and livelihood and 753 PAFs in the minor category who loses only part of their land or assets and the remaining land and assets is sufficient to continue their shelter and livelihoods.

A baseline survey was conducted amongst the affected people which indicated that a large majority of them are Hindus(77.72 percent), followed by Jains at 6.35 percent and Muslims at 3.81 percent. Distribution of PAPs by occupation indicates that 77.35 percent are in agriculture; agricultural labourers account for 5.58 percent; commerce and trade supports 11.16 percent. In this package 69.17 percent of population has income less than Rs.26,000. 61.9 percent of the population falls within the age group of 18-60, which happens to be the working age group. In this package illiterate population accounts for 24.07 percent; those with primary education account for 11.19 percent and those with secondary education account for 18.12 percent.

Public consultations were held at 4important locations in this package in November 2008 and November 2007 and256 persons participated in these consultations. The consultations focused on mainly in explaining the entitlements under the R&R Policy and measures taken to minimize the impacts and receive the suggestions from participants. The consultations have helped in not only in disseminating the policy provisions to deal with land acquisition related impacts, but also assisted in gathering suggestions for mitigation of adverse impacts, improvements in designs and facilitating inputs for resettlements plan preparation and implementation.During Consultations, a number of issues have been raised. One of the main issues is the shifting of water pipelines in this package. This issue is under the process of being resolved by the PIU;inanother instance people have asked for over-bridges in all sensitive areas, howeversuch requests would have been considered if technically feasible; another issue of temples being affected has been addressed by relocation if it is not possible to retain the temple; other cases where people said that the affected house/land is under litigation and wanted to know how the project would deal with it, such cases will be dealt on a case to case basis during implementation; other issues raised were people wanted to know about the entitlements. Besides this, safety concerns have been addressed by building footpaths in built up area, providing footpath barricades, school/village signages, rumble strips and road humps.

The key potential issue is the shifting of the pipelines, which is being resolved by the PIU. Besides there are realignments proposed to minimize impact, such as in Belagalli village. There are 6 cross section options adopted in this package to minimize impacts, the COI width varies from 11 m to 26 m.

The GOK has adopted the Resettlement and Rehabilitation (R&R) Policy for KSHIP- II consistent with NRRP, 2007 and World Bank Policy on Involuntary Resettlement to address adverse impacts arising out of this project. Land Acquisition will be done through the Karnataka Highways Act 1964. Land acquisition under this Act will help the PAPs to receive the market price/replacement cost of land as compensation is negotiated through negotiations. Negotiation Committee has been constituted to negotiate the price of land with the landlord. The minimum negotiated price will be twice the current guidance value for Bagalkot and Belgaumdistricts.

Some of the entitlements include payment of compensation through negotiation according to the Karnataka Highways Act, 1964; additional compensation for those becoming marginal farmers; grant for replacement of cattle shed; alternative house or developed plot +construction cost for those losing house; additional 25% compensation for partially affected structures towards reconstruction; support for purchase of income generating assets; rental allowance for affected tenants; and support for non-title holders to provide alternative houses or developed plot; construction cost; support for providing alternate shop or income generating asset to those who are losing commercial structures; employees losing livelihood will be given a onetime payment; vulnerable groups including physically challenged and those above 60 years will be assisted to get Government pension, if they are eligible or given a lump sum amount as assistance; and all community assets will be replaced and reconstructed.

This RIP will be implemented by Karnataka PWD-PIU Social Development Resettlement Cell with support from the NGO - BIRDS (Bijapur Integrated Rural Development Society). The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. The Special Deputy Commissioner, Land Acquisition, will be responsible for land acquisition activities while the Chief Administrative Officer will be responsible for all Resettlement and Rehabilitation works. A Grievance Redressal Cell with 3 members is constituted with Deputy Commissioner of the District as the Chairman. An independent agency viz., Samaj Vikas has been hired for Monitoring and Evaluation support. The SDRC, PIU will facilitate land acquisition and compensation, relocation and resettlement, distribution of assistance for the PAPs. WAP 2 will be implemented by KHSIP Division, Belgaum. The SDO and SWIs appointed for the Belgaum division will take care of R&R activities of this package.

The civil works for this package is likely to commence in December2012. The R&R and land acquisition is targeted to be completed by August2012. Implementation activities include land acquisition process, relocation and rehabilitation and monitoring. The budget estimated for land acquisition and RR activities for this package is Rs.13.41 Crores which forms a part of the overall budget approved by the GoK. All cash allowances to be paid to the PAPs is adjusted for inflation for 2012-13 and those who receive the assistance beyond April 2013 will further be adjusted by 10% as needed.

This RIP will be disclosed through public consultations, Government of Karnataka/PWD Website. In addition, copies will be kept in: (i) State Government Library at Bangalore; (ii) - District library of Belgaum and Bagalkot districts; and (iii) in the Panchayat offices along the project roads.

IINTRODUCTION

1. The Karnataka State Highways Improvement Project (KSHIP) – II Phase-I covers a length of 826.7 kms. In this connection a detailed Resettlement Action plan has been prepared in consultation with the affected persons, PIU and other stakeholders. This document includes, among other things, legal frame work and Resettlement Policy Provisions, Land acquisition and compensation payment, Social impact assessment and base line Socio-Economic characteristic and the implementation arrangement. The Government approved the Resettlement Action plan vide its order dated 28th July 2010. This has been published in the PWD web sites in the month of August 2010. This Resettlement Implementation Plan outlines the steps for resettlement and rehabilitation of PAFs/PAPs losing their land and structures and relocation of community assets for WAP 2.

1. Contract package WAP 2 covers 108kms consisting of 4 links. The details about the package are given in Table 1.1. In the Annexure, the lists of those losing structures are provided, which are enumerated in 2007-08 and verified by NGO in 2011. Details of those losing land are given in the Notifications issued under Section 15 of the KHA. The list of vulnerable people will be subsequently prepared and assistance extended as needed. Any additional people moved into the ROW after the cut-off date and are not served notices subsequentlywill be identified through additional verification by 31st July 2012. The question of extending assistance to them will be examined on case to case basis. In case of those who are mobile type of shop will not be provided any assistance since, they keep on changing on regular basis and they can easily find another alternative place to continue their petty business provided after verification.

Table 1- 1: Package Details

Link / Description / Length / Districts / Taluks / Cutoff date
19A / Mudhol – Mahalingapura / 19.17 / Bagalakot / Mudhol / 30.10.2008
19B / Mahalingapura – Kabbur / 42.34 / Bagalkot, Belgaum / Mudhol, Raibagh, Chikkodi / 04.11.2008
19C / Kabbur - Chikodi / 18.41 / Belgaum / Chikkodi / 14.11.2008
19D / Chikodi - (NH-4 cross) Nippani / 28.01 / Belgaum / Chikkodi / 06.12.2007

1. WAP 2 falls within the Northern Karnataka Plateau. Northern Karnataka Plateau comprises of the districts of Belgaum and Bagalkot. It is largely composed of Deccan Trap. It represents & monotonous treeless extensive plateau landscape with a general elevation of 300 to 600 meters from the mean sea level. However the river plains of the Krishna, the Bhima, the Ghataprabha and the Malaprabha with the intervening watersheds, the step like landscapes, lateritic scarpments, residual hills and ridges break the monotony of this extensive plateau. The general slope is towards east and this region is largely covered with rich black cotton soils (Expansive Soil). In this region, major crops grown are Tobacco, Sugar cane, Jawar, Sunflower, Toor, Groundnut, Soya bean and maize
2. The entire package is regarded as a single milestone. All the R&R and land acquisition has to be completed at the time of handing over of package to the contractor.
3. In this package 77 acres 17 ¼ guntas land has to be acquired, of this 76 acre 6 ¾ guntas is dry land and 02 guntas is plantation land and 1 acre 09 guntas is kharab land; there are 298 PAFs whose house hold/commercial structures/ assets/ livelihood is getting affected and 681 PAFs losing land;. There are 165community assets getting affected. The PAPs listed in this RIP is as recorded during the cut-off date and further verified by the NGOs.
4. There are no major issues related to land acquisition and resettlement identified in this package.

Objectives of RIP

1. The objective of this RIP is to provide a package specific guideline for implementation for R&R activities. The implementation plan identifies the persons affected, the type of entitlements to be provided for specific losses, what are the steps that will be adopted in getting compensation, details of members of the Negotiation Committee and the GRC members in the package, time table and steps to be taken by the PIU for protecting right ROW. Overall it provides how the RAP will be implemented in this particular package.

Main activities of RIP

1. The main activities to be carried out in finalizing the RIP includes, Joint verification, distribution of ID cards, identification of sites for relocation, identification of income generating options, identification of vulnerable people who are not getting any assistance from Government,identification of resettlement centers and vendor markets, negotiations for land acquisition, payment of compensation, relocation and shifting of community assets. The members of the GRC and Negotiation committees have to be identified and informed, as mentioned in the RIP. The RIP after finalization will be disclosed

Table 1- 2: Summary Tables on Impacts

Link / Description / LA Pvt / Land Transfer / Major Impact / Minor Impact / Community Assets
19A / Mudhol – Mahalingapura / 6.14 1/2 / 0.01 / 41 / 149 / 39
19B / Mahalingapura – Kabbur / 42.39 1/4 / 0.23 1/2 / 75 / 367 / 65
19C / Kabbur - Chikodi / 4.22 / - / 29 / 48 / 26
19D / Chikodi - (NH-4 cross) Nippani / 22.12 / 0.25 1/2 / 87 / 189 / 35

Minimization of Impacts and Corridor of Impact

1. There are 6 cross section options adopted in this package to minimize impacts. The COI width varies from 11 m to 26m. Besides this, safety concerns have been addressed by building footpaths in built up area, providing footpath barricades, school/village signages, rumble strips and road humps.

The different cross sections used are:

1. UR1A Rural Cross section with paved shoulders varying from 18-26 m
2. UR2 Rural Cross section through village width varying from 11m to 22m.
3. UR3 Urban Cross Section in built up area with covered drain with a maximum width of 22m
4. UR4 Urban Dual lane Cross section in built up area with covered drain with a maximum width of 24 m.
5. UR6 Rural Cross section in hilly terrain
6. UR7 Rural cross section cutting

II. LAND ACQUISITION AND RESETTLEMENT IMPACTS

1. This chapter provides an overview of the extent of land acquisition and the process of land price negotiations and details of documents to be submitted. It also provides the impacts of the project on community assets.
2. In this package 77 acres 17 ¼ guntas land has to be acquired, of this 76 acre 6 ¾ guntas is dry land, 2 guntas is plantation and 15 acres 1 acre 9 guntas is kharab land.. The details of the PAFs losing land is given in Notification issued under section 15 of the KHA 1964 in connection with land acquisition.There are 199 PAFs who are losing 5 guntas and more of agricultural land.

Land Acquisition Status

1. The Notifications under Section 15 under the KHA for WAP 2is as follows:

1. 19 A: No. PWD :139: EAP : 2011, Bangalore, dated 19 .10.2011;
2. 19 B: No. PWD :140: EAP : 2011, Bangalore, dated 19 .10.2011;
3. 19 C : No. PWD :141: EAP : 2011, Bangalore, dated 19 .10.2011;
4. 19 D: No. PWD :142: EAP : 2011, Bangalore, dated 19 .10.2011

Guidance Value

1. The Guidance Value of land for different categories of land, for the villages along the project road is given in Annexure 1are as of July 2011. This guidance value will be referred to by the Negotiation Committee.
2. The rates will be revised annually by 10% on the 1st of April every year, in case Government has not revised it. The guidance value varies from a minimum of Rs. 40,000 per acre in Kothalli villagein Chikkodi Taluk to Rs 3,03,000 per acre in Nippani village in Nippani Taluk..

Negotiation Committee

1. The Replacement Cost of land for consent award will be determined by the Negotiation Committee. In this package the Negotiation Committee has been constituted vide GO No. PWD 215 EAP 2007 dated 24-10-2009. This Committee consists the following members:

1. Assistant Commissioner of the concerned Sub Division: Chairman
2. Assistant Commissioner of KSHIP :Member Secretary
3. Executive Engineer KSHIP Division,:Member

4. Zilla Panchayat Member of the concerned jurisdiction :Member.