India: Jammu & Kashmir Urban Sector Development Project

Transcription

1 Resettlement Planning Document Full Resettlement Plan- Improvements to B.C Road from Shakuntala Crossing to Children s Hospital Including pedestrian subway Document Stage: Final Project Number: October 2006 India: Jammu & Kashmir Urban Sector Development Project Prepared by Economic Reconstruction Agency for the Asian Development Bank (ADB). The resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 INDIA: JAMMU & KASHMIR URBAN DEVELOPMENT SECTOR PROJECT FULL RESETTLMENT PLAN Urban Roads & Transport Subproject: Improvements to B.C Road from Shakuntala Crossing to Children s Hospital including pedestrian subway Economic Reconstruction Agency Government of Jammu & Kashmir India October 2006

3 RESETTLMENT PLAN TABLE OF CONTENTS List of Abbreviations.. Executive Summary.. i iii Chapter 1 : The Project Background Project Description Project Benefits and impacts Measures to minimize impacts Objectives of the Resettlement Plan. 4 Chapter 2 : Findings of the Resettlement Survey Objectives of the Resettlement Survey Methodology Findings of the Resettlement survey Gender impacts of the subproject Scope of the Land & Assets Acquisition Impact on Commercial Assets Impact on Residential Assets Impact on Residential cum Commercial Assets Impact on Trees Other Project losses Awareness & Perceptions of the affected households on the 16 subproject Impact of the Project on Government property & other institutions.. 16 Chapter 3 : Resettlement Policy Framework & Entitlements Introduction Policy Framework Review of Resettlement Policies, Legal 18 Framework & ADB Requirements Resettlement Policy & Principles for the subproject Entitlement Matrix Details of Compensation & Resettlement 23 Assistance Cut-off Date Valuation of affected assets Disposal of Acquired Property. 27 Chapter 4 : Consultations & Stakeholder Participation Introduction Identification of Key stakeholders Consultation Scope & Issues Feedback from Consultations Disclosure of the Resettlement Plan Plan for further Consultations and Community Participation during 30 Project Implementation Chapter 5 : Implementation Framework & Budget Introduction Executing Agency 32

4 5.3. Project Management Unit Roles & Responsibilities High Powered Committee Grievance Redress Committee RP Implementation Schedule Budget 40 Chapter 6 : Monitoring & Evaluation Need for monitoring Monitoring at EA level Reporting Requirements 43 LIST OF ANNEXES Annexure I : Resettlement Survey Questionnaires Annexure II : List of Affected Persons Annexure III: Public Consultation and Disclosure Plan Annexure IV: Terms of reference for the NGO/agency Annexure V: Terms of Reference for an External Monitoring & Evaluation Agency/Consultant

5 LIST OF ABBREVIATIONS ADB BSR BPL DSC ERA EA FGD GOI GRC HH HPC IPSA IP J&K JKUDSP Kms LA NGO NPRR PMU PPTA PRA PWD Asian Development Bank Building Schedule Rates Below Poverty Line Design & Supervision Consultants Economic Reconstruction Agency Executing Agency Focus Group Discussions Government of India Grievance Redressal Committee Household High Powered Committee Initial Poverty & Social Assessment Indigenous Peoples Jammu & Kashmir Jammu & Kashmir Urban Development Sector Project Kilometers Land Acquisition Non-Government Organizations National Policy on Resettlement & Rehabilitation Project Management Unit Project Preparatory Technical Assistance Participatory Rural Appraisal Public Works Department i

6 RP RO R&R SC Sq.mts ST TORs Resettlement Plan Resettlement Officer Resettlement & Rehabilitation Schedule Caste Square Meters Schedule Tribe Terms of Reference ii

7 Executive Summary of the Resettlement Plan A. Project Description Jammu and Kashmir Urban Sector Development Project (JKUSDP) is under preparation for sector loan funding from the Asian Development Bank for improving infrastructure and municipal services in two municipal corporations of Jammu and Srinagar cities and selected tourist centres 1 within Jammu and Kashmir State. The Project will include investment in physical infrastructure plus proposals for capacity building and institutional strengthening of city and state authorities. In order to prepare and process the Project in accordance with ADB s procedures for sector lending, a set of four sample subprojects have been selected one each in each of the four major urban sub-sectors namely Water Supply, Sewerage, Solid Waste Management and Urban Transport in the two cities of Jammu and Srinagar. In keeping with ADB s sector loan procedures; this full Resettlement Plan (RP) has been prepared for the urban transport sector sample subproject namely - improvements to B.C Road from Shakuntala Crossing to Children s Hospital including pedestrian subway which has been selected in Jammu city for Project preparation. This RP identifies the broad scope of the subproject and outlines the policy, procedures for acquisition of land, compensation and other assistance measures for affected persons and institutional requirements for this subproject under the loan. B. Subproject description and impacts The subproject proposal is to widen BC Road from Sakuntala Crossing to Children s Hospital Junction (length 0.95km) minimum of 2 x 7.5 m carriageway corridor and 1.5 m wide median where there is presently a constraint in road width near the Gurudwara Complex at Rehari Junction. The BC road at either end of this section is already of four lanes. The proposed configuration will require a minimum ROW of about 21 m. In addition to the above, a pedestrian subway has also been planned to improve pedestrian safety and access plus re-organization of bus stops and way-side amenities to address congestion at the five-road junction of Rehari Chowk. The subproject is expected lead to reduction in traffic congestion and also pedestrian safety however, will entail removal of obstructions, structures, and land acquisition in some sections of the road. The impacts will be on roadside structures mainly commercial in nature. In order to assess the subproject level resettlement impacts, a detailed Resettlement survey was undertaken on the subproject in May Based on the survey, it is estimated that a total of 67 households will be affected in the subproject. The impacts of the present project largely include loss of land (residential and commercial); structure (residential, commercial and government & institution owned) income and livelihood (owners, employees, squatters). A total of kanals 2 ( hectare) of private land will be affected as a result of the subproject. Table A below presents a summary profile of the affected project population in the subproject as a whole. Table A: Summary Profile of Project Corridor Population Description Units Total Project Affected Households 67 households Total Project Affected Persons 339 persons Average Family Size of affected households 5.05 persons 1 The tourist centres initially selected for consideration are Patnitop (Jammu region), Gulmarg, Pahalgam and Sonamarg (Kashmir region). 2 Kanal is the local unit of measurement. One Kanal = hectares iii

8 Total No. of Affected Scheduled Caste (SC) Households Total No. of Affected Scheduled Tribes (ST) Households Total No. of Affected Female-headed Households (FHH) Total No. of affected household with disability Total No. of Affected Employees Total No. of Affected Tenants Main Occupation of affected households Source: Census Survey, May households None 2 households 2 households 13 employees 5 Tenants Trade & Business, government service, private service, non-agriculture labor etc. C. Measures to minimize impact All necessary efforts have been made in order to minimize the subproject impacts and to reduce disruption of livelihood. Land acquisition requirements have been minimized to the maximum possible extent and adequate provisions have been incorporated into the planning and design of the subproject to minimize or mitigate any unavoidable impacts. D. Resettlement Principles and Policy Framework The resettlement principles adopted for this subproject recognize the State Land Acquisition (LA) Act 1990 and the entitlement benefits as listed in the National Policy on R&R, (Govt of India) as notified in February 2004 and relevant Asian Development Bank s (ADB) policies and operations manuals, in particular the policy on Involuntary Resettlement (1995), and Operations Manual F2 on Involuntary Resettlement (2003). The RP is based on the general findings of the resettlement survey 3, field visits, and meetings with various project-affected persons in the subproject area. Taking into account the various losses, a detailed Entitlement Matrix has been developed which provides for compensation and resettlement assistance to all affected persons including the non-titleholders in the subproject area. In general terms, the people affected by the Project will be entitled to the following types of compensation and assistance (i) compensation for loss of land, trees at replacement value; (ii) compensation for structures (residential/commercial) and other immovable assets at replacement value; (iii) assistance for loss of business/wage income; (iv) assistance for shifting; and (v) rebuilding and/or restoration of community resources/facilities and (vi) additional assistance to vulnerable groups namely - Female-headed households, Scheduled Castes (SC), those below poverty line, elderly and disabled. A detailed Entitlement Matrix for the subproject is provided in Table 3.2 in Chapter 3. E. Stakeholder Participation and Disclosure of RP Local level stakeholders were consulted in the subproject area while conducting initial social and poverty assessment. Similarly, due consideration was also given for Stakeholder consultations and community participation at different levels during RP preparation. The Resettlement Plan (RP) will be translated into Kashmiri and will be made available to the affected people by the Executing Agency (EA) for review and comments on the policy and mitigation measures by means of subproject-level Disclosure workshops prior to loan negotiation. Copies of RP will also be made available at the local level public offices such as revenue offices to stakeholders for local inputs prior to award of civil work contract. The proceedings of the 3 A detailed resettlement census survey was undertaken in the subproject in May iv

9 disclosure workshop and the feedback received will be sent to ADB for review. The final RP will also be disclosed on the ADB Website and ERA website 4 F. Implementation Arrangements & Grievance Redressal ERA will be the Executing Agency (EA) for the Project. The Project Management Unit (PMU) with assistance of Social Development & Resettlement specialist, Design & Supervision Consultants (DSC) & experienced NGO/agency will have the primary responsibility of the RP preparation and implementation. The PMU would ensure monitoring any changes to subproject design. In case of change in subproject design thereby entailing change in resettlement impacts, a re-evaluation and updation of the RP will be undertaken. The updated RP will be disclosed to the APs, endorsed by the EA and will be submitted to ADB for approval prior to award of civil works contracts for the subproject. The updated RP, not just the summary will be disclosed to the APs as well as uploaded on the ADB website and ERA website 5 after ADB review and approval. The PMU will ensure resettlement budgets are delivered on time to the for timely RP implementation. A Grievance Redressal Committee (GRC) will be established at the subproject level with the primary objective of providing a mechanism to mediate conflict and disputes concerning compensation payments and cut down on lengthy litigation. The GRC will be constituted with the commencement of the process of land acquisition and would be headed by the District Magistrate (or his representative), and will comprise of local NGOs, representatives of affected persons including women and vulnerable groups and concerned line agencies/departments representatives. In addition, a High Powered Committee 6 (HPC) will be established under the Project at the provincial/pmu level. The HPC will comprise of the following: Divisional Commissioner Jammu Province Deputy Commissioner Jammu Secretary Public Works Department Revenue Secretary ERA Representative Representatives of the Affected Persons NGO This HPC will be responsible to make independent valuation of land based on existing market replacement value. In addition, the Committee will also establish the transitional allowance and assistance to be provided to affected persons based on the prevailing rates to restore the preproject levels of livelihoods. The HPC will also undertake direct negotiation settlements with the APs, wherever required. All compensation and other assistances 7 will be paid to all APs prior to commencement of civil works. A detailed implementation schedule for the various activities is provided in Table 9 in the main text. 4 The ERA website is presently under construction. 5 The ERA website is presently under construction. 6 A similar Committee has been constituted vide Government order No. Rev (LAK) 92 of 2003, dated 24 April 2003, for the purpose of acquisition of land for Qazigund-Baramulla Railway line through Private negotiations. 7 While compensation is required prior to dispossession or displacement of affected people from their assets, the full resettlement plan implementation, which may require income rehabilitation measures, might be completed only over a longer period of time after civil works have begun. Affected people will be provided with certain resettlement entitlements, such as land and asset compensation and transfer allowances, prior to their displacement, dispossession, or restricted access. v

10 G. Budget The total estimated cost for resettlement operation and management for the Project is Rs. 95,902,665 (USD 2,131,170). H. Training, Monitoring & Evaluation An orientation and training in resettlement management will be provided under the Project by the Social Development & Resettlement Specialist to the NGOs focusing on issues concerning - (i) principles and procedures of land acquisition; (ii) the policies and principles agreed under the ADB loan; (iii) public consultation and participation; (iv) entitlements and compensation disbursement mechanisms; (v) Grievance redressal and (vi) monitoring of resettlement operation. The RP will have both internal and external monitoring. Internal Monitoring will be a regular activity for PMU, supported by the Social Development & Resettlement Specialist. The NGO/agency, assisting in implementation of the short RP, will submit monthly progress report of RP implementation to the PMU. The PMU will conduct regular internal monitoring of resettlement implementation and prepare quarterly progress reports for submission to ADB. An independent agency/monitoring expert will be engaged by the PMU in agreement with ADB to undertake biannual external monitoring of the subproject implementation. This expert will submit its reports biannually via PMU to ADB. vi

11 CHAPTER 1: THE PROJECT BACKGROUND Full Resettlement Plan 1.1 Project Description 1. Jammu and Kashmir Urban Sector Development Project (JKUSDP) is under preparation for sector loan funding from the Asian Development Bank for improving infrastructure and municipal services in two municipal corporations and selected tourist centres within Jammu and Kashmir State. The two cities are Jammu and Srinagar. The tourist centres selected for consideration are Patnitop (Jammu region), Gulmarg, Pahalgam and Sonamarg (Kashmir region). 2. The Project will include investment in physical infrastructure plus proposals for capacity building and institutional strengthening of city and state authorities. 3. In order to prepare and process the Project in accordance with ADB s procedures for sector lending, a set of four sample subprojects have been selected one each in each of the four major urban sub-sector namely Water Supply, Sewerage, Solid Waste Management, and Urban Transport. Out of these four sample subprojects, two sample subprojects have been selected in Jammu and two sample subprojects in Srinagar. Table 1 presents the list of the subprojects in the two project cities. Table 1: Distribution of Sample Subprojects in Jammu and Srinagar City City Sector Component Name of the subproject Jammu City Srinagar City Urban Transport Subproject Sewerage subproject Water Supply subproject Solid Waste Management subproject Improvements to B.C Road from Shakuntala Crossing to Children s Hospital including pedestrian subway Division A Sewerage (Phase II) Sindh Canal Raw Pipeline Municipal Solid Waste collection and Disposal Site development 1.2 Project Benefits and Impacts 4. The project goal is to encourage sustainable economic growth in urban and tourist centres within the State of Jammu and Kashmir. The objective of the project is to ensure that the quality of urban infrastructure and municipal service delivery are improved in a sustainable manner to enable economic growth and poverty reduction to occur in the two participating municipal corporations and of Jammu and Kashmir State as a whole. 5. The key benefits envisaged out of the Project mainly comprise of sustained improvements in basic service provision within the cities of Jammu and Srinagar. Indirect benefits will be available in the form of improved living conditions, a healthier living environment and the prospect of improved health status of the population plus an improved economic climate with employment opportunities

12 6. As part of the Project, the urban transport sector sample subproject has been selected in Jammu city for Project preparation. The proposal is to widen BC Road from Sakuntala Crossing to Children s Hospital Junction (length 0.95km) (see Figure 1.1 below) minimum of 2 x 7.5 m carriageway corridor and 1.5 m wide median where there is presently a constraint in road width near the Gurudwara Complex at Rehari Junction. The BC road at either end of this section is already of four lanes. The road section is on a moderate steep incline which reduces speed of buses and heavy vehicles leaving the city causing traffic build ups. In addition, local buses and auto-rickshaws have no place to stop, which increases traffic congestion. 7. Rehari Chowk is a five road junction where the roads to Subhash Nagar, Sarwal and Rehari Bridge/Parade join the BC Road. Movement of traffic at the junction is controlled a small rotary of insufficient size to cater for large vehicles and normal traffic volumes. As a result, in order to maintain straight through traffic on BC Road, temporary barriers have been erected to prevent vehicles turning right from the main road. 8. In order to address the traffic congestion and safety risks to pedestrian on the road, the subproject entails widening of the BC road from Sakuntala crossing to Children s Hospital Junction (in Jammu city) covering a total length of 0.95 kms to a minimum of 2 x 7.5 m carriageway corridor with a 1.5 m wide median which will largely follow the existing ROW alignments. In addition, a one-way grade separator is proposed across the Children s Hospital junction. The proposed configuration will require a minimum ROW of about 21 m. 9. Since the subproject entailing improvements to B.C Road from Shakuntala Crossing to Children s Hospital including pedestrian subway is expected lead to reduction in traffic congestion and also pedestrian safety. This however, will entail removal of obstructions, structures, and land acquisition in some sections of the road. The impacts will be on roadside structures mainly commercial in nature. 10. In addition to the above, the construction of 2m-wide footpaths along the road and pedestrian subways to improve pedestrian safety and access plus re-organization of bus stops and way-side amenities to address congestion at the five-road junction of Rehari - Chowk is also anticipated to entail minor acquisition and resettlement of structures in the area

13 Figure 1.1: Jammu B.C Road Location Map BC Road 11. In order to assess the subproject level resettlement impacts, a detailed census survey was undertaken in May Based on the survey, it is estimated that a total of 67 households will be affected in the subproject. The impacts of the present project largely include loss of land (residential and commercial); structure (residential, commercial and government & institution owned) income and livelihood (owners, employees, squatters). A total of kanals 1 (1.032 hectare) of private land will be affected as a result of the subproject. 12. Table 1.2 presents a summary profile of the affected project population in the subproject as a whole. Table 1.2: Summary Profile of Project Corridor Population Description Total Project Affected Households Total Project Affected Persons Average Family Size of affected households Total No. of Affected Scheduled Tribes 2 (ST) Households Total No. of Affected Scheduled Caste 3 (SC) Households Total No. of Affected Female-headed Households (FHH) Total No. of affected household with disability Total No. of Affected Employees Total No. of Affected Tenants Units 67 households 339 persons 5.05 persons None 8 households 2 households 2 households 13 employees 5 Tenants 1 Kanal is the local unit of measurement. One Kanal = hectares 2 Schedule Tribe (ST) is one of the weaker sections of the Indian Population. Article 342 of Constitution of India on Fundamental rights defines ST s as specific tribe or tribal communities or parts or groups within tribes or tribal communities. The Constitution also enshrines their rights taking into account their vulnerable status in the society. 3 Similarly, Scheduled Caste (SC) is defined as the lowest caste in the Hindu caste system

14 Main Occupation of Affected households Source: Census Survey, May 2006 Trade & Business, government service, private service, nonagriculture labor etc. 1.3 Measures to minimize impact 13. All necessary efforts have been made in order to minimize the subproject impacts and to reduce disruption of livelihood. Land acquisition requirements have been minimized to the maximum possible extent and adequate provisions have been incorporated into the planning and design of the subproject to minimize or mitigate any unavoidable impacts. The key efforts undertaken to minimize impact are enumerated below: During the inception as well as follow up site visits, options were explored to minimize the impact on the subproject. Land acquisition has been kept to minimum level, consistent with the technical requirements of the Project. In terms of the impact, it is to be noted that since the subproject only entails improvement of the B.C road section and not extensive widening the majority of the impact will be on the frontage/boundary wall of the structures located along both side of the road. All possible efforts have been made during the project design to protect structures and assets falling within the proposed construction zone by making a provision of a grade separator at the congested project location so as to augment traffic movement without entailing any severe impact on the structures located along the road. The provision of a grade separator has reduced impact and has concentrated the impact at the Rehari Chowk crossing where the grade separator will terminate (and will require more formation width) in comparison to the remaining subproject area. In addition the adjoining lanes at this junction will also be improved and widened under the subproject entailing impact on the shops located in the area. As a result of the above efforts, the subproject impacts have been reduced. Whereas the number of affected households remains the same as earlier, the extent of impact on the 67 affected households has been considerably minimized by the above enumerated measures. 1.4 Objective of the Resettlement Plan 14. The resettlement plan (RP) is guided by the state Land Acquisition (LA) Act 1990 and the entitlement benefits as listed in the National Policy on R&R, (Govt of India) as notified in February 2004 and relevant Asian Development Bank s (ADB) policies and operations manuals, in particular the policy on Involuntary Resettlement (1995), and Operations Manual F2 on Involuntary Resettlement (2003) The primary objective of the RP is to identify impacts and to plan measures to mitigate various losses of the subproject. The RP is based on the general findings of the resettlement census survey, field visits, and meetings with various project-affected persons in the subproject area. The RP presents (i) type and extent of loss of assets, including land and structures; (ii) principles and legal framework applicable for mitigation of losses; (iii) entitlement matrix, based on the inventory of loss and (iii) budget, institutional framework for the implementation of the plan, including monitoring and evaluation

15 CHAPTER 2: FINDINGS OF THE RESETTLEMENT CENSUS SURVEY The effective preparation and implementation of a Resettlement Plan largely depends to a large extent on appropriate and accurate socio-economic and resettlement census surveys of the affected households. The following chapter presents and discusses the findings of the resettlement census survey undertaken on the subproject in May Objective of the Resettlement Census Survey The resettlement census survey is a comprehensive survey that covered 100% households getting affected by the subproject, irrespective of their entitlement or ownership status. This survey was undertaken along the subproject in May 2006 by a survey team comprising of 5 trained social researchers. The objective of the census survey was to identify the affected persons and generate an inventory of social and economic impacts on the project affected persons, the structures affected, socio-economic profile of the project affected people, their perceptions about the project and rehabilitation and resettlement options. A schedule was prepared to collect detailed information on the socio-economic status of the affected persons and households. In addition, considering the type of loss namely residential, commercial, residential-cumcommercial, land & trees etc, of the AP a loss-specific schedule was filled for that AP. A copy of the survey tools used during the census survey is annexed as Annexure 1. The census survey identified a total of 67 affected households comprising of 339 persons will be affected by the subproject. The list of APs and the project database is annexed as Annexure Methodology The key methods employed by the team during the course of the survey are in order: Marking of affected assets and structures as per the engineering design; One-to-one household interview with the affected households; Small group consultations, key informant interviews and focus group discussions were also undertaken with affected persons including women and vulnerable groups, shopkeepers, revenue officials and property dealers during the survey. 2.3 Findings of the Resettlement Census survey The following section will analyze the key data findings of the census survey Social Profile of the Affected Households Socially Vulnerable Groups The following groups of population are considered socially vulnerable and thus need special consideration so that they can benefit from the road development project. They include: - (a) those who are below the poverty line (BPL); (b) those who belong to tribal groups or scheduled tribes (ST) (c) those who belong to scheduled castes 4 (SC); (d) female-headed households (FHH); (e) elderly and (f) disabled persons. 4 Scheduled Caste (SC) is defined as the lowest caste in the Hindu caste system

16 The census survey indicated that of the 67 affected households, 12 households comprise of these socio-economically vulnerable groups. Amongst these Scheduled Caste households comprises of more than half of the total number of vulnerable households with a total of 8 SC households. Only two households each constituted of female headed household (FHH) and disabled households. Table 2.1 below details the vulnerability status of the affected households due to the subproject. Table 2.1: Vulnerability Status of the affected households in Jammu City Type of Vulnerability Number of Affected households Disabled 2 Female headed household (FHH) 2 SC 8 No Response/Not Available 4 None 55 Grand Total 67 Source: Census Survey, May Household Size Nearly 34% of the affected households had up to 8 family members followed by 25% of those comprising of households having 5 family members belonging to nuclear families. Almost 17% households have large families with family members of about 12 members and more Primary Source of Income Nearly half of the affected households are dependent upon trade and business for their income which can also be attributed to the fact that all these households are located along the road and therefore operating businesses and commercial outlets for their livelihood. Apart from this one fourth of the total households are engaged in private as well as government service. A small proportion, namely 3% of the affected households, was dependent upon nonagricultural labor for their sustenance followed by 2 households which derived their income from agriculture and other occupations. Table 2.2 below details the income sources of the affected households: Table 2.2: Main sources of income of the Affected Households Affected Households Primary source of income In Number In %age Trade & Business % Govt. Service % Pvt. Service % Non-Agri Labour % Occupation % Agriculture % Don t Know/No response % Not Available % Grand Total % Source: Census Survey, May

17 2.3.4 Annual Income Patterns of the Affected Households The census survey indicated that 27% (18 households) of the affected households had annual income more than Rs. 350,000 followed by 15% households with annual income ranging from Rs. 50,001 to 75,000. The annual earnings of 7% and 6% of the total households ranged from Rs. 200, ,000 and Rs to Rs. 125,000. With the exception of one affected household with annual income of less than Rs. 25,000, all affected households had incomes above 25,000 thereby falling in the low income group category. The subproject income patterns of the APs is enumerated in Table 2.3 Table 2.3: Annual Income Patterns of the affected households Affected Households Annual Income Slab (in Rs.) In Numbers In Percentage % 25,001 50, % 50,001 75, % 75,001 1 lac % 1 lac lacs % 1.75 lac - 2 lacs % 2 lac lacs % 2.25 lac lac % 3 lacs 3.25 lacs % Above 3.5 lacs % Don t Know/No response 8 12% Not Available 10 15% Grand Total 67 households % Source: Census Survey, May Primary Income earner Out of the total 67 affected households, in 58% of the households (Table 2.4) only men are involved in the income earning and comprise of the primary income earner of the households. Only 7% of the sample households had both male and female members as contributors to the total income, whereas a very small proportion i.e. 6% of the affected households had females as the main income earner. In other words the Resettlement Census data, clearly reflects that the majority proportion of men are involved in economic activity, thereby reflecting women s status in the region with the majority of them being socially as well as financially dependent upon the men folk. In terms of the diversification of employment, male employment is more diverse with engagement in the agricultural, government, trade & business and private sectors. On the other hand, the analysis of employment trends of 6% of the households which have women as the main income earner; reflected that the majority of female are involved in either agriculture or allied activities thereby reflecting less diverse employment trends. Table 2.4: Main income earners in the subproject Affected Households Primary income earner In Numbers In Percentage Male % Female % Both Male & Female % Don t Know/No Response 9 13% Not Available 10 15% - 7 -

18 Grand Total % Source: Census Survey, May Gender Impacts of the subproject Gender Analysis Like many other countries in the developing world Indian women too fare worse than men on most of the social indicators. Gender Development Index (GDI) which adjusts the average achievement of each country in life expectancy, educational attainment and income in accordance with the disparity in achievement between women and men, is a powerful tool for tracking the trends in women s development. India with GDI value of ranks 103rd in the World (UNDP Human Development Indicators 2003) - this exhibits the lower value placed on women in India. In comparison, the state of Jammu and Kashmir is ranked 25 on the Gender Disparity Index (GDI) with a value of in comparison to that of India. The relative disadvantage of women in the state is starkly portrayed in the gender ratio of the population: 900 females for every 1000 males (2001 Census) much lower than the survival scene of women at national level i.e Likewise in the national scenario, men outnumber women, unlike in most other countries where the reverse is the case. The literacy rate in J&K is 54.46% with 65.75% for males and 41.82% for females. In the rural areas of the state the literacy rate, especially of women is even more dismal with a male-female literacy of 60.34% and 35.09% respectively (Census 2001). As a result, the illiterate and poor women in the state continue to face the routine denial for their civil, political, economic and social rights which prevents them from fully participating in all the spheres of society. The scenario is slightly more encouraging in case of the cities of Srinagar (MC) and Jammu (MC) with 47% and 44% female literacy respectively. However, the status of women in the cities is far from satisfactory. As a result of their low literacy women also fall far behind in terms of employment. The statistics indicate that 60% of the non-working force comprise of women in both Jammu and Srinagar. 7 As per the statistics provided it is also evident that a comparatively larger percentage of female workforces are absorbed as marginal workers. Gender analysis was also undertaken during the course of the social assessments to look into the current status and needs of the women in the study area and the potential impact of the Project on them by means of undertaking PRA techniques such as decision-making. In addition, series of FGD s were held with women belonging to various socio-economic groups were undertaken in the two cities to capture women s collective perceptions about social, economic and cultural norms and their ability to access facilities Gender Impacts of the Project The augmentation of urban services particularly water supply and sanitation as per the women participants will have far-reaching impacts on them and their lives. While talking about the anticipated impacts of the project, women participants in both the cities felt that the project would help empower them by providing them with greater access to resources. One of the key benefits recognized by them was reduced time required for, health, and caregiving burdens as a result of improved urban services particularly water supply which would give them more time for productive endeavors, empowerment activities and leisure. The 5 National Human Development Report Census of India Digest of Statistics ,Govt. of Jammu and Kashmir - 8 -

19 provision of better urban services particularly improvement of city roads as per most women would provide them with greater access to resources such as medical facilities, schools and better system of transportation. The indirect benefit of the Project on women will be in terms of healthier and cleaner environment thereby contributing towards the overall quality of life. In order to ensure gender participation in project planning and implementation as well as to integrate gender sensitivity in all aspects of the Project preparation, a draft Gender Action Plan has been prepared for the Project. In addition to the above benefits, the Project construction is anticipated to have some adverse impacts on only one Female Headed households (FHH). This affected FHH is one of the 11 rag picker households which will incur indirect impact on their livelihood as a result of the subproject and will not lose any asset. Adequate provisions have therefore been made in this RP to provide additional assistance to this FHH so as to restore their livelihood. 2.5 Scope of Land & Asset Acquisition Types of Project Impacts On the whole it is observed that a total of 67 households will undergo impact on different types of assets as a result of the Project. Out of the households, 32 will experience impact on their commercial assets situated along the road, followed by 21 households incurring impact on their residential assets. The subproject also affects households operating a commercial enterprise such as small shop as well as residing in the same and has been classified as residential-cum commercial assets. Impact on such assets will be experienced by a total of 7 households. A detailed inventory of affected households, affected assets and land requirement due to the project is presented in Table 2.5.A, 2.5.B & 2.5.C below. In addition to the above, 13 employees and 5 tenants (i.e. 2 Tenants in case of residential structures and 3 tenants in case of commercial structures) will also be affected as a result of the project. Table 2.5.A: Type of losses incurred by the affected households Affected Households Type of Asset In Numbers In Percentage Commercial Asset % Commercial Asset & Trees % Commercial & Residential cum Commercial Asset % Commercial Assets, Trees and other 8 assets % Residential Asset % Residential Asset & Trees % Residential cum Commercial Asset % Residential cum Commercial Asset & Trees % Grand Total % Source: Census Survey, May 2006 Based on the above table it is ascertained that a total of 67 households will be affected as a result of the project and will incur a variety of losses. The details of the total affected assets are provided in table 2.5.B below. A total of assets belonging to 67 households will be affected as a result of the subproject. 8 Other asset comprises of a Petrol Pump incurring some impact on the front yard as a result of the subproject. 9 These 176 assets are inclusive of 107 affected trees belonging to a total of 13 households

20 Table 2.5.B: Total Number of assets getting affected Total number of Type of Asset getting affected asset affected Commercial Assets 39 assets Residential Assets 21 assets Residential cum Commercial Asset 8 assets Trees 107 trees 10 Other 11 assets 1 asset Grand Total 176 assets Source: Census Survey, May 2006 In terms of land loss, the subproject improvements will entail a total land acquisition of Kanals 12 or ( hectare). Table 2.5.C: Extent of Land loss Land loss Type of land plot affected In Sq.Mt. Kanal Acre Residential land Commercial land Residential cum Commercial land Total Land Loss sq mts kanal 2.57 acre ( hectare) Source: Census Survey, May Impact on Commercial Assets As pointed out in the earlier section of the total households affected by the Project, impact on commercial asset is more than half of the project impacts. In other words, a total of 39 structures will be affected as a result of the Project construction. The following sections provide details of the kind of asset, extent of loss, portion getting affected, and ownership pattern of the affected commercial structures Kind of Commercial asset Of the 39 commercial assets getting affected as a result of the subproject, more than half comprise of shops followed by; petrol pump, office complex, workshop, kiosk, hotel etc. see Table 2-6. Table 2.6: Kind of Affected Commercial Structure Affected Households Kind of structure In Numbers In Percentage Shop % Other % Petrol Pump % Office Complex % Workshop % Hotel % Kiosk % 10 A total of 107 trees belonging to a total of 13 households will be affected as a result of the project. 11 Other asset comprises of a Petrol Pump incurring some impact on the front yard as a result of the subproject. 12 Kanal is the local unit of measurement. One Kanal = hectares

21 Not Available % Grand Total % Source: Census Survey, May Portion of Commercial asset getting affected The census survey showed that of the 39 commercial assets getting affected, the majority will experience impact on the main structure of the asset, whereas in case of the remaining 13 households the affected portion will comprise of land plot, boundary wall, car park area, etc. thereby incurring minor impacts. Table 2.7 below lists the portion of commercial asset getting affected as a result of the subproject. Table 2.7: Portion of Commercial Asset getting affected Affected Households Portion getting affected In Numbers In Percentage Main structure % Main Structure & Land Plot % Land Plot % Land Plot & Boundary Wall % Land Plot, Boundary Wall & Car Park area % Boundary Wall & Car Park area % Not available % Grand Total % Source: Census Survey, May Ownership Pattern During the census survey, as indicated in Table 2.8 below, it was revealed that in the subproject area 27 households (69%) were owners with legal title to the assets. In addition, 10% (4 households) were tenants whereas 8% (3 households) comprised of the leaseholder thereby affecting their livelihood sources. Taking into account, adequate provisions have been made in the RP to cover the losses caused to the tenants, along with that of the owner of the structure, as a result of the disruption of livelihood caused under the project. Provisions such as shifting assistance, transitional allowance and repayment of advance money paid for the rented premise have been made under the RP to cover the losses of the tenants. In the category of non-titleholder, only 3 squatter households were found to be affected by the subproject construction. Table 2.8: Ownership Status of Commercial Assets by Affected Households Affected Households Ownership Status In Numbers In Percentage Owner % Tenant % Leaseholder % Squatter % Not known % Grand Total % Source: Census Survey, May

22 2.6.4 Extent & Nature of Impact It is important to note that 54% (21 households) out of the 39 will experience impact on their main structure whereas in case of the remaining affected assets the impact will mainly be on boundary walls, car park areas and land plots as the Project entails minor improvements only. Table 2.9: Portion getting affected of the Commercial assets Affected Households Portion getting affected In No.s In %age Main structure % Land Plot 13 & Main structure % Land Plot % Land Plot & Boundary Wall % Boundary Wall & Car Park % Plot, Boundary Wall & Car Park % Not Available 5 % Grand Total % Source: Census Survey, May 2006 The structures incurring impact on main structure area were mainly concentrated at the Rehari Chowk crossing where the grade separator will terminate as a result entailing more formation width in comparison to the remaining subproject area. In addition the adjoining lanes at this junction will also be improved and widened under the subproject entailing impact on the shops located in the area. The analysis of the census findings showed that 11 households (28%) out of the total 39 will suffer more than 50% of the asset loss thereby making the entire asset non-livable thereby requiring project assistance and support. Construction Type of affected asset: The majority (67%) of the affected assets had permanent pucca 14 structures, whereas kutcha 15 structures only constituted 8% of the total affected assets. Impact on employees & tenants: A total of 12 employees and 3 tenants using / working in the significantly affected commercial structures will experience temporary losses till they find their next job or new rental premises and will need to be assisted under the Project Relocation & Rehabilitation Measures Taking into consideration, the impact on the above enumerated 11 commercial assets, the relocation & rehabilitation options become of critical importance and were discussed at length with those affected. It is important to note that all of the total 11 households losing more than 50% of their asset, during the community consultation and responses to displacement expressed their preferences to self relocate themselves and resettle themselves within the city preferably in vicinity of the present location(s), so as to continue benefiting from the economic opportunities that the area offered. These households stressed on the need for adequate 13 Land plot comprises of front yard, garden, open area in front of the structure getting affected under the project. 14 A house is considered pucca, if both the walls and roof of the house is made of material that includes tiles, cement sheets, slates, corrugated iron, zinc or other metal sheets, bricks, lime and stone or RBC/RCC concrete. 15 A house is considered kutcha, if both the walls and roof of the house is made of material that includes grass, leaves, reeds, bamboo, mud, unburnt brick or wood

23 compensation at market rate for their land and structures to enable them in re-establishing their businesses. Taking this into account, the Project has adopted self managed relocation as the principle strategy for resettlement management in the project. In addition, taking into account that the impact on the affected households would adversely affect the income source of these households, the RP provides for compensation to all the households losing their commercial assets and assistance measures to APs so as to ensure the restoration of their lives and incomes to pre-project levels. 2.7 Impact on Residential Assets 31% of the assets belonging to a total of 21 households, affected by the Project comprise of residential assets. The following sections provide details of the extent of loss, structure construction type, ownership pattern of the affected residential assets: Ownership pattern Table 2.10 below describes the ownership pattern, i.e. the legality of project affected residential assets in the subproject. It is observed that out of the total affected households, 17 (81%) are legal titleholders whereas 3 households (14%) comprise of tenants and leaseholder. Table 2.10: Ownership pattern of the affected Residential assets Affected Households Ownership Status In Numbers In Percentage Owner % Tenant % Leaseholder % Not Available % Grand Total % Source: Census Survey, May Portion of Residential Asset getting affected Of the 21 residential assets getting affected, the majority will experience impact only on the boundary wall and land plot (front yard area). Only five assets were identified to experience limited impact on the main residential structure. Table 2.11 below lists the portion of residential asset getting affected as a result of the subproject. Table 2.11: Portion of Commercial Asset getting affected Affected Households Portion getting affected In Numbers In Percentage Boundary Wall % Boundary Wall & Land Plot % Land Plot 16 & Main Structure % Land Plot % Main structure % 16 Land plot comprises of front yard, garden, open area in front of the structure getting affected under the project

24 Grand Total % Source: Census Survey, May Extent and Nature of Impact Of the total 21 residential assets, four of the five structures incurring impact on the main structure will be significantly affected thereby becoming non-livable. The remaining residential assets as detailed in Table 2-11 above will only incur impact on the frontage, boundary wall area of the asset. The majority of the affected residential assets in the subproject comprise of permanent structures (14 households) with only one semi-permanent residential structure thereby enumerating the economic condition of the residents. Impact on tenants: A total of 2 tenants staying in the significantly affected residential structures will experience temporary losses till they find their new rental premises and will need to be assisted under the Project Relocation & Rehabilitation Measures The Census also gathered information from the affected households with regard to their relocation needs and perceptions. The Census revealed that the five affected households incurring loss of their main structure thereby making it non-livable, voiced that they would like to resettle voluntarily provided they are adequately compensated for their losses and stressed on the need of cash compensation at market replacement value. The RP provides for adequate compensation and assistance provisions for those affected by the Project so as to ensure the restoration of the lives and income of the affected households. In case of those households losing their front yard and other portions of their asset, they opined that since the loss will not make their entire structure non-livable, they will restore and/or rebuild within the existing asset provided they are provided with adequate compensation for the loss along with prior information and right to salvage their material. 2.8 Impact on Residential cum commercial assets The census identified some households in the subproject which operated shops in the front and stay at the back of the same structure. These structures have been classified under the category of residential cum commercial structures. A total of 8 such assets will be adversely affected as a result of the subproject Nature of Residential cum Commercial enterprise Of the total affected 8 such assets, the majority (5 assets) comprise of shops being run by the affected households. In addition, two of these affected assets are also being used as office complex and one asset as a private clinic apart from residential purposes. Table 2.12: Nature of Commercial Enterprises operating in Residential cum Commercial assets Affected Households Nature of Commercial Enterprise In Numbers In Percentage Shop % Office Complex %