Involuntary Resettlement Assessment and Measures. IND: Karnataka State Highway Improvement Project

Transcription

1 Involuntary Resettlement Assessment and Measures Resettlement Plan for AEP 5: 48A (Padubidri Belmane Karkala) Document Stage: Draft for Consultation Project Number: August 2010 IND: Karnataka State Highway Improvement Project Prepared by Public Works Department, Government of Karnataka. The resettlement plan is a document of the borrower. The views expressed herein do not necessarily rep resent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.

2 i TABLE OF CONTENTS ABBREVIATIONS..vi EXECUTIVE SUMMARY...vii 1 CHAPTER I PROJECT DESCRIPTION BACKGROUND OBJECTIVES PHYSICAL CHARACTERISTICS OF THE PROJECT AREA PROJECT COMPONENTS ROAD CONFIGURATION: REALIGNMENT / BYPASSES: BRIDGES AND OTHER CROSS DRAINAGE STRUCTURES: ROAD SIDE DRAINAGE: ROBS: JUNCTIONS / INTERSECTION IMPROVEMENTS: SERVICE ROADS AND UNDERPASSES: WAY SIDE AMENITIES/TOLL PLAZA/TRUCK PARKING, ETC.: MAGNITUDE OF IMPACTS MINIMIZING IMPACTS Design Cross- Sections Mitigation through Design Cross Section Road safety and Traffic Management measures MAGNITUDE OF IMPACTS ON CULTURAL PROPERTIES AND CPRS IMPACT OF THE PROJECT RIGHT OF WAY (ROW) AND COI CHAPTER 2 METHODOLOGY FOR IMPACT ASSESSMENT SOCIAL IMPACT ASSESSMENT APPROACH TO RESETTLEMENT PLANNING CENSUS SOCIOECONOMIC SURVEY METHODOLOGY AND DATABASE SOURCES OF DATA CHAPTER 3 SOCIOECONOMIC INFORMATION AND PROFILE SOCIOECONOMIC PROFILE OF THE PROJECT AREA SOCIOECONOMIC PROFILE OF DISPLACED POPULATION VULNERABLE GROUPS GENDER ISSUES INDIGENOUS PEOPLE CHAPTER 4 SCOPE OF LAND ACQUISITION AND RESETTLEMENT PROPOSED LAND ACQUISITION ESTIMATED TIME FOR LA MANAGING LAND ACQUISITION STAFFING FOR LAND ACQUISITION WORK NEGOTIATIONS COMMITTEE FOR LAND PRICE FIXATION AND DETERMINATION OF REPLACEMENT COST NEGOTIATION COMMITTEE METHOD OF PRICE FIXATION FAILURE OF KHA AND APPELLATE COMMITTEE VALUATION OF ASSETS CUT-OFF DATE ESTIMATION OF LAND REQUIREMENT AND PREPARATION OF LAND ACQUISITION PLANS COMPENSATION PAYMENT PROCESS ADMINISTERING THE PAYMENT OF R&R ASSISTANCE... 20

3 ii 5 CHAPTER 5 STAKEHOLDERS CONSULTATION AND PARTICIPATION CONSULTATION AND COMMUNITY PARTICIPATION METHODOLOGY KEY FINDINGS OF THE CONSULTATIONS LEVELS OF CONSULTATION CONSULTATIONS DURING IMPLEMENTATION CHAPTER 6 LEGAL FRAMEWORK THE NATIONAL POLICY ON RESETTLEMENT AND REHABILITATION FOR PROJECT AFFECTED HOUSEHOLDS, THE LAND ACQUISITION (LA) ACT OF ASIAN DEVELOPMENT BANK S SAFEGUARD POLICY INDIGENOUS PEOPLES KARNATAKA HIGHWAY ACT COMPARISON OF NATIONAL AND STATE POLICIES WITH ASIAN DEVELOPMENT BANK S SPS CHAPTER 7 ENTITLEMENTS, ASSISTANCE AND BENEFITS KSHIP POLICY IMPACTS AND ENTITLEMENTS COI TARGETED SUPPORT TO VULNERABLE GROUPS OPTION AND CHOICES PRINCIPLES DEFINITIONS ENTITLEMENTS ENTITLEMENT MATRIX CHAPTER 8 RELOCATION OF HOUSING AND SETTLEMENTS BASIC PROVISION FOR RELOCATION NEED FOR RELOCATION CHAPTER 9 INCOME RESTORATION AND REHABILITATION INCOME RESTORATION MEASURES IMPACT CATEGORIES AND IR SCHEMES IR ACTIVITIES CHAPTER 10 RESETTLEMENT BUDGET AND FINANCING BUDGET AND COSTS CHAPTER 11 GRIEVANCE REDRESSAL MECHANISM GRIEVANCE REDRESSAL COMMITTEE CHAPTER 12 INSTITUTIONAL MECHANISMS INSTITUTIONAL ARRANGEMENTS SOCIAL DEVELOPMENT AND RESETTLEMENT CELL (SDRC) SDRC AND STAFF DEPLOYMENT PROTECTION OF ROW VALUATION OF OTHER STRUCTURES/ASSETS ROLES AND RESPONSIBILITIES OF OFFICIALS FOR RP IMPLEMENTATION COMPETENT AUTHORITY FOR VARIOUS APPROVAL IMPLEMENTATION SUPPORT BY NGOS DATABASE MANAGEMENT CHAPTER 13 IMPLEMENTATION SCHEDULE COORDINATION WITH CIVIL WORKS AND CERTIFICATION IMPLEMENTATION SCHEDULE AND TIMING OF RESETTLEMENT CAPACITY BUILDING AND TRAINING CHAPTER 14 MONITORING AND REPORTING MONITORING INTERNAL MONITORING EXTERNAL MONITORING... 65

4 iii LIST OF TABLES Table 1-1: Summary Tables on Impacts... 5 Table 2-1: Distribution of DHs Table 3-1: Social Stratification Table 3-2: Religion Table 3-3: Occupation Distribution Table 3-4: Income Distribution Table 3-5: Age Classification Table 3-6: Literacy Table 3-7: Type of Structure Table 3-8: Affected Households by Gender Table 4-3: Details of Structure losers 48A Table 5-1: Key Issues: 48 A Table 6-1: Comparison of gaps in various Acts and Policies with ADBs SPS Table 7-1: Entitlement Matrix Table 9-1: Categories for Income restoration Table 10-1: Budget Table 10-2: Unit Costs for R&R Table 10-3: R&R Unit Costs Table 12-1: Administrative and Financial Responsibilities of officials and Agencies for RP Implementation Table 12-2: Competent Authority for Approvals Table 13-1: R&R Implementation Schedule Table 13-2: In house Training programme Table 14-1: Monitoring Indicators for Physical Progress Table 14-2: Financial Indicators for Progress Table 14-3: Monitoring Of GRC LIST OF FIGURES Figure 1-1: KSHIP Roads... 3 ANNEXURE ANNEX 1: Typical Road Cross Section ANNEX 2: Details of Community Assets ANNEX 3: Census and Community Asset Survey Schedules ANNEX 4: Structure Details ANNEX 5: List of Participants For Meeting and Photographs ANNEX 6: NGO ToR ANNEX 7: Monitoring and Evaluation Consultants ToR

5 iv ADB AC ADSW APL BP BPL CAO CPO CPR COI DC DH DP DPR EWS FGD GOI GOK GRC HPCFRRI HDM ID IPP IR ITI KHA KSHIP LAA LAO LAP MRR NH NGO NRRP PSA PA PGB PIU PHC PWD PU RTC R&R RP ROW SIA SDO SDRC SWI SC SR ST ToR ACRONYMS Asian Development Bank Assistant Commissioner Assistant Director Social Welfare Above Poverty Line Bank Policy Below Poverty Line Chief Administrative Officer Chief Project Officer Common Property Resources Corridor of Impact Deputy Commissioner displaced household displaced persons detail project report economically weaker section focus group discussion Government of India Government of Karnataka Grievance Redressal Cell High Power Committee for Redressal of Regional Imbalances Highway Design Module identity card indigenous people plan income restoration Industrial Training Institute Karnataka Highways Act Karnataka State Highways Improvement Project Land Acquisition Act Land Acquisition Officer Land Acquisition Plan Manager Rehabilitation and Resettlement National Highway Non-Government Organization National Resettlement and Rehabilitation Policy poverty and social assessment project authority project governing body Project Implementation Unit Primary Health Center Public Works Department Pre University Record of Rights rehabilitation and resettlement resettlement plan right of way social impact assessment Social Development Officer Social Development Resettlement Cell Social Welfare Inspector Scheduled Caste Schedule of Rates Scheduled Tribes terms of reference

6 v UR ZP upgrading Zilla Panchayat

7 vi EXECUTIVE SUMMARY E1. Project Description 1. The Public Works Department, Government of Karnataka is implementing Karnataka State Highways Improvement project (KSHIP). Under this Project kms of State Highways roads have been identified for project assistance under Asian Development Bank. The kms of roads has been divided into nine packages. The aim of the project is to improve the performance of the State s road transport network by improving road conditions and capacity, and to improve the State s capacity to plan, develop and maintain the Karnataka roads network. This project is Package AEP 5 comprising of one link 48 A (Padubidri to Karkala) which is km in length in Udupi District. 2. The scope of work involves upgradation works of improving existing single-lane and intermediate lane roads to 12m roadway with standard two lane seven meter carriageway and alignment improvements to relevant IRC standards and other associated road and bridge works including improvement of major and minor bridges, culverts, road intersections, drains, road geometrics and road furniture 3. The proposed project can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the project will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace which in turn increases the income of the region, and ultimately elevating their standard of living. Although various positive project impacts and benefits are expected from the proposed project as mentioned above, there will be some negative impacts on the people living in the immediate project area. 4. The aim of this Resettlement Plan (RP) is to mitigate negative impacts caused due to the project and resettle the displaced persons and restore their livelihoods. This Resettlement Plan has been prepared on the basis of census survey findings and consultation with various stakeholders. The plan complies with ADB Safeguard Policy Statement E2. Socioeconomic Information and Profile 5. There are no Scheduled Tribe and Scheduled Castes households in the package. All the households are from the general category. Among religious groups, Hindus dominate with 75 %. Muslims and Jains account for % each. Distribution of DPs by occupation reveals that agriculture accounts for %. The other sector, which supports a large section of DHs, is represented by trade/commerce accounting for %; service sector accounts 11.11%. In spite of difficulties in getting reliable data on household income efforts were made to persuade the respondents to report as accurate data as possible. Only % of the population reported income less than Rs.26,000. The age classification shows that % of the total DPs fall in the age group of Since this happens to be the working age-group the mitigation measures as given in the entitlement matrix need to be carefully implemented with reference to this group. There are no Illiterate or just literate population in this package. 30% have education up to secondary level. 27% are graduates. There are eight residential structures getting affected of which are pucca. There are eight commercial structures getting

8 vii affected of which % are pucca. Of the commercial structures the common ones getting affected is one tea stall and two pan/cigarette shops; there is only one residential owner structure whose boundary wall is getting affected. He has access to electricity and piped water supply. 6. Among household assets 23.5 % of the households have television; % own two/four wheelers; % have telephones; 8.82 % have refrigerators and cooking gas. No household owns any agricultural equipment. 7. The vulnerable group includes 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 household. These persons are entitled to assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) Lump-sum amount of Rs. 25,000. There are some DPs that are in more than one vulnerable category. These DPs will be paid only once. In this package there is only one DP in vulnerable category, in above the age of 60 years category. There are no women-headed households. E3. Scope of Land Acquisition and Resettlement 8. Census socioeconomic surveys were conducted for a corridor of impact between 16 m and 22 m keeping in view the design requirements. There is no land acquisition required in this package. According to the census survey there are 19 DHs and 34 DPs. The project will impact 44 community structures. There is no impact on archaeological sites. All community structures will be relocated by the project authorities before demolition. According to the Census survey 18 DHs are losing their structure. There is one household that is physically displaced (relocation, loss of residential land, or loss of shelter); economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) are seven households and four persons working as employees. There is one household getting economically and physically displaced due to loss commercial structure. 9. The summary project impacts are presented below. Table E-1: Summary of Project Impacts Impacts No. 1 Land Acquisition 0 2 Total no. of owners losing land 0 3 Total no. of private structure affected 18 households 4 Total No. of CPRs 44 nos 5 Total no. of DPs 34 persons 6 Total no of physically and economically displaced (those 1 household losing commercial structures totally) 7 Total no of economically displaced ( those whose incomes 7 households are affected but not physically displaced) 8 Total no. economically displaced persons ( employees) 4 persons 9 Total no. physically displaced ( those losing their 1 household residential structures) Source: Census Survey, KSHIP Project,

9 viii E4. Stakeholders Consultation, Participation and Disclosure 10. Consultations with various stakeholders were carried out during various phases of project preparation. People wanted to know whether for all types of homes / structures the same compensation will be given. They suggested that according to the type of structure valuation should be done and compensation be given accordingly; they wanted know those who have shops on government land what compensation will be given. The project entitlement matrix was explained to the people. 11. To keep transparency in planning and for further active involvement of stakeholders the project information will be disseminated through disclosure of resettlement planning documents. The PA will submit the RP to ADB for disclosure on ADB s website. 12. The PA will provide relevant resettlement information, in a timely manner, in an accessible place in Kannada to affected persons and other stakeholders. A Resettlement and Land Acquisition information leaflet containing information on compensation, entitlement and resettlement management adopted for the project will be made available in Kannada and distributed to DPs. E5. Legal Framework 13. The GOK will adopt a Resettlement and Rehabilitation (R&R) Policy for KSHIP to address the adverse impacts arising out of this project in the line with the National Resettlement and Rehabilitation Policy The policy adopted for the project is consistent with the Asian Development Banks Safeguard Policy Statement. This RP is prepared in accordance with the stipulations and guide-lines provided in Public Works Departmental Code Government of Karnataka, and the project specific Resettlement and Rehabilitation: - Principles and Policy Framework for the Karnataka State Highways Improvement Project, The National Resettlement and Resettlement Policy 2007 and The Asian Development Banks Safeguard Policy Statement SPS 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 through the legislation called The Karnataka Highways Act 1964 (KHA,1964). The KHA, 1964 provides the opportunity to acquire the land through consent award. It is expected that land acquisition under this Act will help the DPs to receive the market price/replacement cost of land as compensation. The GOK has already initiated the process of establishing the Negotiation Committee. The role of the committee will be to negotiate the price of land with the beneficiary. The guidance value of the land will be considered for negotiation. Minimum negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Kolar, Ramnagaram, Mysore, Davangere, Belgaum and Dakshin Kannada will be one and a half times the Guidance Value. For all the other districts other than those mentioned the minimum price will be twice the guidance value. E6. Entitlements, Assistance and Benefits 14. The Project Entitlement policy addresses the direct and indirect impacts of project construction and operation on displaced persons, households and communities. The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Other losses include loss of shelter, and other assets within the project s corridor of impact; as well as roadside structure, business establishments and

10 ix public facilities. Mitigation is provided through compensation and assistance to projectdisplaced persons, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework adopted by the project. All assistance will be paid as one time grant. 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. 15. Compensation eligibility is limited by a cut-off date. The cut off date for non- titleholders, is the date of the start of the census survey on a particular link. The cut-off date for link 48A is The project Entitlement Matrix (Table E-2) identifies and lists various types of losses resulting out of the project and specific compensation and resettlement packages for each category. Table E-2 Entitlement Matrix No. Impact Category I. Title Holders (a) Loss of land Entitlements 1. Compensation as per the principle of replacement cost through direct negotiation as provided for in the Karnataka State Highway Act, stamp duty and registration charges; 2. Compensation offered is cash for land Remarks Stamp duty and registration charges are applicable for those who accept negotiation price. Minimum negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Ramnagaram, and Corporation / Municipal limits of other district HQs will be 1.5 times the Guidance Value. For all other areas other than those mentioned above the minimum negotiated price will be 2 times the Guidance Value. 1 OR average sales statistics, which ever is higher 2 1 Revised Guidance Value of the properties in Bangalore Urban, Bangalore Rural, Chikkaballpur, Ramanagaram and Corporation/Municipal limits is 2-3 times higher than the earlier Guidance Value. Hence 1.5 times the Guidance Value is proposed as minimum negotiated price. In other areas ratio of revision is reasonably low, hence 2 times the Guidance Value is proposed as minimum price. 2 The average Sales Statistics is in line with LA Amendment Bill. In the LA Amendment Bill there are different modalities in determining and assessing the market value, any one among them would be adopted wherein the land loser gets the maximum market value.

11 x No. Impact Category Entitlements Remarks 3. In case of severance of land an additional 25% compensation will be paid to the land loser if he retains the remaining plot OR if the remaining land is not viable and the land owner opts to surrender the entire plot to the project, compensation as given in No. 1 will be applicable; 4. Loss of perennial crops and non-perennial crops will be compensated in accordance with Horticulture department valuation process, which is the replacement cost. 5. A grant of Rs. 15,000 for replacement of Cattle shed; 6. Water yielding bores will be replaced in the location identified by the affected person in the remaining land holding subject to availability of water. In case water is not available replacement cost of the borewell at current PWD SR rates without depreciation charges and 30% solatium at replacement cost will be given. 7. In case of land owners who become landless or marginal farmers, the following additional entitlements will be offered: (a) subsistence allowance of Rs. 30,000 for land less and marginal; and, (b) assistance for creating Income generation asset valued up to Rs.75,000 3 ; Marginal farmer is defined as those left with 1 hectare of non-irrigated or 0.50 hectare of irrigation or combination of both Narrow stretch of land is defined as persons losing an 3 As per the NRRP-2007 the acquiring body has to provide rehabilitation grant equivalent to 750 days minimum agricultural wages. At present the minimum agricultural wages is Rs. 100/day. The NGO will ascertain the actual needs of the displaced persons and assist in creating assets. 4 Bagar Hukum lands are government lands which are unauthorisedly cultivated by persons without legal documents. Applications for regularization that are pending before the regularization committee.

12 xi No. Impact Category Entitlements 8. Additional amount of Rs. 20,000 will be restricted to those who lose narrow stretch of land as ex gratia compensation in lieu of all other benefits. 9. For those becoming landless and all marginal farmers training assistance will be provided for income generating vocational training and skills upgrade options as per the displaced persons' choice; Remarks area that is up to 5 guntas of land. The NGO engaged for the RP implementation will ensure linkages of the trained persons to ongoing programs, to facilitate employment and marketing opportunities. 10. Employment opportunity for affected the displaced persons as per his/her skills and the availability of suitable work in road construction work. 11. In case of Bagar hukum lands 4-50% of compensation and other benefits as available for land owners which is equivalent to replacement value for this category. Any Government land which is unauthorizedly occupied by a person and such person has applied for regularization of the same under the Karnataka Land Revenue Rules under 108 C(1) is called Bagar Hukum land. Under Rule 108C section 94A, of the Karnataka Land Revenue Act,1966, the Tahsildar is the custodian of the records and he will issue the certification whether the application is pending before the Committee or not. Tahsildar is the Secretary of the Committee for regularization of unauthorized occupation of government land. (b) Loss of Residential structures 1. Compensation at current PWD scheduled rates without depreciation and 30% solatium at replacement cost. 2. Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress. 3. Additional 25% of current PWD SR rates without In case more than 25% of a house is affected and unviable for retaining, full compensation will be paid Resettlement colonies will be developed if more than 20 households are displaced in 2 km continuous stretch Plot size will be equivalent to size lost subject to a maximum of 369 sq m/1200sq ft in rural area and 184 sq. m /600 sq. ft. in urban areas.

13 xii No. Impact Category Entitlements depreciation + 30% solatium for the affected portion as compensation for partially affected structures towards reconstruction 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30,000 Remarks Displaced persons have a right to salvage the affected materials. (c) Loss of commercial structures (d) Loss of residential cum commercial structures II. Tenants 1. Compensation at current PWD scheduled rates without depreciation and 30% solatium at replacement cost. 2. Alternative shop or assistance for income generation asset valuated up to Rs. 75, Additional 25% compensation for partially affected structures 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30, Compensation at current PWD scheduled rates without depreciation and 30% solatium at replacement cost. 2. Alternative shop or assistance for income generation asset valuated up to Rs. 75, Additional 25% compensation for partially affected structures 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30, Additional amount of Rs. 25,000 as grant. Shopping units with sq.ft will be constructed if more than 20 shops are affected in a continuous stretch of 2 kms and the owners opt for a shop. Displaced persons have a right to salvage the affected materials Training for self employment will be provided to one adult per household as needed 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 households are displaced in 2 km continuous stretch Plot size will be equivalent to size lost subject to a maximum of 369 sq.m/1200sq. ft. in rural area and 184 sq. m. /600 sq. ft. in urban areas. Shopping units with sq. ft. will be constructed if more than 20 shops are affected in a continuous stretch of 2 km and the owners opt for a shop. Displaced persons have a right to salvage the affected materials Training for self employment will be provided to one adult per household as needed

14 xiii No. Impact Category Entitlements (a) Residential 1. Rental allowance for 6 Rs. 500 per month in rural and Rs. 1,000 in urban areas 2. Shifting assistance of Rs. 10,000 (b) Commercial 1. Rental allowance for 6 Rs. 1,000 per month in rural and Rs. 1,500 in urban areas 2. Shifting assistance of Rs. 10, Assistance for income generation asset up to Rs. 75,000 (c) Loss of 1. Rental allowance for 6 residential Rs. 1,000 per cum month in rural and Rs. 1,500 commercial in urban areas structures 2. Shifting assistance of Rs. 10, Assistance for income generation asset up to Rs. 75,000 III. Non-Title holders (a) Residential Squatters 1. House in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress. 2. Subsistence allowance of Rs.15, Shifting allowance of Rs.5,000. Remarks House plot size in resettlement colony to be minimum of 25 sq.m./270 sq ft. Resettlement colony will be constructed if more than 20 residential squatters are getting affected in a continuous stretch of 2 kms and opted for same. As per NRRP Developed plot size will be allotted of 25 sq.m/ 270 sq. ft in urban area and 33 sq.m /350 sq. ft in rural area as per NRRP (b) Commercial Squatters 1. Alternative shop of 100 sq. ft. or assistance for income generation asset valuated up to Rs. 30,000; 2. Subsistence allowance of Rs.15,000; 3. Shifting allowance of Rs.5,000. (c) Encroachers 1. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation 2. Compensation of crop loss or advance notice for harvesting crops IV. Loss of livelihood Shopping units will be constructed if more than 20 shops are affected in a continuous stretch of 2 km and opted for shop.

15 xiv No. Impact Category (a) Loss of primary source of income V. Vulnerable People (a) Widows Physically challenged and those aged above 60 years VI. Community Assets (a) Community Assets VII. Unidentified Impacts (a) Unidentified Impacts Entitlements 1. Subsistence allowance of Rs. 15, Training assistance will be provided for income generating vocational training and skills upgrade options as per the displaced persons' choice; 3. Employment opportunity for the displaced persons as per his/her skills and availability of suitable work in the road construction. 1. Assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) 2. Lumpsum amount of Rs. 25,000 3.Training assistance will be provided for income generating vocational training and skills upgrade options as per the displaced persons' choice 1. Reconstruction of affected assets 2. Transfer to Local authorities for maintenance 1. Unforeseen impacts shall be documented and mitigated based on the principles provided in this policy Remarks Training for self employment will be provided to one adult per household as needed This will be restricted to those who have no or cannot be provided with alterative livelihood sources. Training for those above 60 years is not mandatory and will be provided for if the person opts for it and after the need is assessed. Note: All amounts in this entitlement matrix are fixed as of April 01, These will increased 10% annually on first day of April every year. The same will hold good for guidance value also if not revised by the GoK. E7. Relocation of Housing and Settlements 16. Where ever there is a loss of residential structure the PA will provide for alternative house. The alternative house will be provided in consultation with the displaced person. The Project Authority will provide compensation for the affected structure without depreciation, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. There is only one non titleholder commercial structure getting affected in this package. People prefer resettlement within the village to avoid disruption of community life and problem with host community.

16 xv E8. Income Restoration and Rehabilitation 17. The DPs losing their livelihoods includes titleholders losing land, DPs having commercial structures and employees of the affected structures. In the case of economically displaced persons, the PA will compensate for the loss of income or livelihood sources. The PA will also provide assistance such as, training, and employment opportunities so that they can improve, or at least restore, their incomeearning capacity, production levels, and standards of living to pre-displacement levels. There are 7 tenant households and one non titleholder structure loser who have to be provided with alternative livelihood options. 18. The entitlement proposed for the project has adequate provisions for restoration of livelihood of the affected communities. The focus of restoration of livelihoods is to ensure that the DPs are able to at least regain their previous living standards. To restore and enhance the economic conditions of the DPs, certain income generation and income restoration programs are incorporated in the RP. To begin with providing employment to the local people during the construction phase will enable them to benefit from the project and keep more of the resources spent on the project in the local economy. It will also give the local communities a greater stake and sense of ownership in the project. The implementing NGO will carry out need assessment and micro plan with training or linking to ongoing income generation training programs and assist in rehabilitation of DPs. E9. Resettlement Budget and Financing Plan 19. The costs used for the budget estimates are based on information collected during the census socioeconomic surveys of DPs. The estimated total budget for the implementation of RP is Rs million. The resettlement cost estimate for this project includes eligible compensation and resettlement assistance. It does not include Operating Costs, NGO and Monitoring Consultant Costs as these costs are for the overall project (this has been estimated Rs. 20 million for the total project). The unit cost for land and other assets in this budget has been derived through consultation with SDRC/PIU. Contingency provisions have also been made to take into account variations from this estimate. A summary R&R cost is given in Table E-3. Table E-3 R&R Budget Item (in Rs) 1 Compensation for land Alternative site cost 30, Compensation for private structure 4,950, R&R Assistance 1,356, Contingency (10%) 633, Total 6,970, E10. Grievance Redress Mechanisms 20. The project will establish a Grievance Redressal process, with district-level committees. Each District Grievance Redressal Committee will have representation from the local affected population and the NGOs involved in RP implementation. These committees will hear complaints and facilitate solutions; and the process, as a whole, will

17 xvi promote dispute settlement through mediation to reduce unnecessary litigation. The Deputy Commissioner will be the Chairman of the Grievance Redressal Committe; an Academician (To be selected by DC) will be Member; (iii) A representative of DP (To be selected by DC) will be Member and (iv)executive Engineer of the concerned Division will be Convener. The GRC will be established at the district level with the primary objective of providing a mechanism to mediate conflict and cut down on lengthy litigation. It will also provide people, who might have objections or concerns about their assistance, a public forum to raise their objections and through conflict resolution, address these issues adequately. The GRCs will continue to function, for the benefit of the displaced persons, during the entire life of the project including the defects liability periods. 21. The Grievance Committees will meet regularly during implementation of the RP, at least once a month. The committees will suggest corrective measures at the field level itself and fix responsibilities for implementation of its decisions. However the NGOs will form the first level of intervention in resolving DP related grievances and attempt to motivate the DP to facilitate implementation of the R&R program. The option of contacting the project authorities is available to DPs at any time. The Deputy Commissioner will be the Appellate Authority. At the first level intervention the NGO will attempt to resolve the grievance; Next the CAO will attempt to address land related grievance and the ADSW will address the non-land related grievances; the next option will be to approach the Grievance Redressal Committee; followed by the Regional Commissioner who is the Appellate Authority; If all the above fails, the DPs can approach the court. It is the responsibility of the SDRC/NGO to inform the affected persons of the GRC, to make it effective. Taking grievances to Judiciary will be avoided as far possible and the NGO will make utmost efforts at reconciliation at the level of GRC. E11. Institutional Arrangements 22. KSHIP has a dedicated unit called the Social Development and Resettlement Cell (SDRC) within the Project Implementation Unit for the implementation of the RP. All aspects of resettlement and rehabilitation and the delivery of entitlements are managed by Social Development/Resettlement Cell (SDRC). The SDRC facilitates land acquisition and compensation, relocation and resettlement, distribution of assistance for the DPs. The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. The RP will be implemented by the North Karnataka (Hospet) division of PIU; Staffing is complete for the proposed institutional set up. The key SDRC officials are: 23. Special DC Land Acquisition - Special Deputy Commissioner will be the in charge of the overall land acquisition. He will be assisted by two Assistant Commissioners for Land Acquisition who is responsible for all activities related to land acquisition. One Assistant Commissioner will be stationed in the zonal office of North Karnataka (Hospet) and the other one would be stationed at PIU Office (South Zonal Office) in Bangalore. 24. Chief Administrative Officer (CAO) The CAO will be responsible for all resettlement and rehabilitation activities. The CAO will also be assisted by The Assistant Director Social Welfare (ADSW) who will be responsible for R&R work. On the land acquisition side CAO and the Assistant Commissioners will be responsible for fixing the negotiated

18 xvii price of the land along with the affected persons according to the Karnataka Highways Act, 1964, and disbursing the compensation. 25. The Assistant Director Social Welfare (ADSW) is responsible for shifting of project affected persons, coordination of disbursement of assistance such as shifting allowance etc., disbursement of funds for income generating programmes, relief assistance, etc. 26. The Resettlement and Rehabilitation Manager will assist the ADSW and coordinate all the rehabilitation work of the SDO s. 27. The ADSW and the Resettlement and Rehabilitation Manager will be assisted by the Social Development Officer (SDO).The SDOs will be assisted by the Social Welfare Inspectors (SWI). The SWI s are supporting staff to SDOs to carry out the functions as per the directions of SDOs. 28. The SDRC will have a Data Management Specialist. The responsibility of this person will be to monitor and update the data of all the project affected persons; to highlight any discrepancy in compensation and paid disbursed; and coordinate the inputs of information from the North and South Divisions to the Central database at PIU at Bangalore. The PIU has already appointed the Consultants for database management. Information is ready to be transferred to the PIU for use in implementation. 29. Involuntary resettlement is a sensitive issue and strong experience in R&R matters along with community related skills will be required by the PIU in order to build a good rapport with the affected community and facilitate satisfactory R&R of the DPs. To overcome this deficiency, experienced and well-qualified NGO in this field will be engaged to assist the PIUs in the implementation of the RP. The NGO would play the role of a facilitator and will work as a link between the PIU and the affected community. NGO will assist DP in income restoration by preparing micro plan and guiding to access into various ongoing government development schemes and agencies providing financial assistance and loan. Taking into account the significant role of the NGO in RP implementation, it is important to select NGO that are capable, genuine and committed to the tasks assigned in order to ensure the success of the Plan. Two NGOs will be hired one for North Karnataka and one for South Karnataka. E12. Implementation Schedule 30. Implementation of RP mainly consists of compensation to be paid for affected structures and rehabilitation and resettlement activities. The time for implementation of resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. The civil works contract for each project will only be awarded after all compensation and relocation has been completed for the project and rehabilitation measures are in place. The RP preparation and implementation schedule is presented below.

19 xviii Table E-4: R&R Implementation Schedule Activity Progress (Year/Quarter) Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Project Preparation Stage Screen project impact Public Consultation on alignment Prepare Land Acquisition Plan Carry out Census Survey Prepare Resettlement Plan (RP) RP Implementation Stage Hiring of NGOs for RP Implementation Obtaining approval of RP from ADB Disclosure of RP Public consultation Preparation LAP Declaration of cut-off date (KHA Notification) Payment of compensation Taking possession of acquired land Handing over the acquired land to contractor Rehabilitation of DPs Monitoring and Reporting Period Internal monitoring and reporting External monitoring and reporting E13. Monitoring and Reporting 31. Monitoring involves periodic checking to ascertain whether activities are going according to the plan. It provides the feedback necessary for project management to keep the programmes on schedule. Monitoring provides both working system for project managers and a channel for the resettles to make known their needs and their reactions to resettlement execution. Monitoring exercise will be undertaken both internally and externally. 32. While SDRC/PIU on monthly basis will carry out the project s internal monitoring and external agency will be appointed for third party monitoring. Monitoring is essentially an exercise in strategic learning that can and should be used for enhancing the quality of RP implementation. There are two types of monitoring being undertaken namely (a) Internal, which is normally carried out by the project authority itself and (b) external or independent monitoring by an external agency. 33. The internal monitoring is a conventional monitoring of government related to physical factors such as, number of households affected, resettled, assistance extended infrastructure facilities provided, etc. and other financial aspects, such as compensation paid, grant extended, etc. the internal monitoring must be simultaneous with the implementation of the Rehabilitation Plan (RP).The objectives of the internal monitoring are: (i) Daily Operations Planning; (ii) Management and Implementation and (iii) Operational Trouble shooting and Feedback. The periodicity of internal monitoring could be daily or weekly depending on the issues and level. 34. An external monitoring agency will be appointed to monitor R&R programmes on semi-annual basis. It should also bring the difficulties faced by the DPs to the notice of

20 PIU so as to help in formulating corrective measures. As a feedback to the PIU and other concerned, the external agency should submit semi-annual report on progress made relating to different aspect of R&R. The report will be made available on ADBs website. The agency will also certify the completion of LA and R&R activities for issuing bid documents and award from LA and R&R point of view. xix

21 1 1 PROJECT DESCRIPTION 1.1 Background 1. This package has been selected, for upgrading with a seven meter carriage way. Upgrading will have direct/indirect impact on the population along the project corridor. Common property resources, residential structures, commercial structures are likely to be affected. Non-titleholders within the ROW are likely to be displaced. This RP includes the baseline socioeconomic survey characteristics of the displaced persons, the R&R Policy provisions and entitlements and outcome of the consultation held with displaced persons and communities. 2. This package comprises of one link 48 A (Padubidri to Karkaka) which is km in length in Tumkur District. It covers two taluks, Udupi and Karkala. According to the categorization of taluks given in the High Power Committee for Redressal of Regional Imbalances Report of 2002, this link covers (i) One Relatively Developed taluk. 3 The location Map of the Project is given in Map Objectives 3. This RP is project specific, which outlines the extent of impacts due to road improvements on communities and the mitigation of the potential impacts. It details necessary implementation procedures for resettlement and rehabilitation. This RP is prepared in accordance with the stipulations and guide-lines provided in Public Works Departmental Code Government of Karnataka, 4, and the project specific Resettlement and Rehabilitation: Principles and Policy Framework for the Karnataka State Highways Improvement Project, The National Resettlement and Resettlement Policy 2007; and The Asian Development Banks Safeguard Policy Statement, Within this given background the objectives of RP are: a. to identify adverse impacts and determine how they could be overcome or substantially mitigated with the implementation of Karnataka State Highways Improvement Project; b. to present the entitlements for the affected persons for payment of compensation and assistance for establishing the livelihood; 3 The HPCFRRI report classified taluks in four categories on the basis of the Composite Development Index namely: i) Most backward taluka; ii) More backward taluka; iii) Backward Taluka; and iv) Relatively Developed Taluk A total of 35 relevant indicators covering five sectors viz., agriculture and allied; industry, trade and finance; infrastructure (economic); infrastructure (social) and population characteristics were considered for analysis in the report. This indicator was used to compute a Comprehensive Composite Development Index (CCDI) for each taluk. The Committee also attempted a study of imbalances from the deprivation end in respect of six important basic minimum needs to gain a qualitative understanding of the problem. Those six basic minimum needs are:1. Income deprivation - %age of households (rural) below poverty line.2.unsafe deliveries - %age of deliveries not attended by trained health personnel. 3. Unsafe Drinking water - %age of habitations not fully covered by safe drinking water facility.4. Malnourished Children below age group 5 - %age of moderately and severely malnourished children. 5. Children out of school in the age group of 6-14 years- %age of children out of school in the age group of 6-14 years. 6. Gender Gaps in literacy- Literacy rate (Male-female) 4 PWD Departmental Code is in the process of being finalized.

22 2 c. to present an action plan for the delivery of compensation and assistance in accordance with the policy adopted for the project; and 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.

23 Figure 1-1: KSHIP Roads 3

24 4 1.3 Physical Characteristics of the project area 4. This project is in the Karnataka Coastal Region, which extends between the Western Ghats edge of the Karnataka Plateau in the east and the Arabian Sea in the west, covers Dakshina Kannada, Udupi and Uttar Kannada districts. 1.4 Project Components 5. As the existing ROW is not uniform the additional requirement varies for a minimum of 12 m up to 30 m corridor of impact (COI). Key activities for road improvement involves (i) widening/strengthening of the road up to two lane divided carriageway configuration, (ii) improving road geometry, (iii) laying of embankment, (iv) rehabilitation and construction of new bridges and other cross drainage structures, (v) construction of side drains, (vi) construction of railway over bridges (ROBs), (vii) junctions/intersections improvement, (viii) provision of service roads, underpasses and way side amenities, etc. The project activities are described below. 1.5 Road Configuration: 6. Link 48 A is designed for seven million standard axles (msa) and 20 msa for Bituminous and Granular layers respectively. Rural Cross Section with Paved Shoulder is proposed for km and UCS1 for 5.44 km length. 1.6 Realignment / Bypasses: 7. There are no major realignments / bypasses proposed. 1.7 Bridges and other Cross Drainage structures: culverts are proposed for reconstruction. 1.8 Road Side Drainage: 9. Unlined drain is proposed in rural section and both covered / uncovered drains are provided in town and village sections. 1.9 ROBs: 10. There are no ROB s proposed. One existing ROB is proposed to be retained Junctions / Intersection improvements: 11. There are four major and 24 minor junctions proposed for improvement 1.11 Service roads and underpasses: 12. There are no service roads and underpasses proposed Way side amenities/toll plaza/truck parking, etc.: 13. There are 26 bus bays with passenger shelter proposed.

25 Magnitude of impacts 14. The project will impact 34 DPs and 19 DHs. 15. Table 1-1: Summary Tables on Impacts Link 48A List of villages Belman Halekatte Kanchinadka Kanjarkatte Nitte Padubidri Land Acquisition- Private(Ac) Land Transfer Government ( Ac) Displaced household s Displaced Persons TOTAL The impacted households are all non-titleholders. Table 1-2: Categories of DHs and losses Community Assets (Nos) Sl. No. Extent of Loss Titleholders Tenant Squatter Encroacher 1 Losing Total House 1 2 Losing Total Com. Structure. 1 3 Losing Total House and Com. Structure. 4 Tenants Losing Total Livelihood 7 5 Losing Total Land 6 Losing only Part of House 4 7 Losing Part of Com. Structure. 2 8 Losing Part of House and Com. Structure. 1 9 Partial Plot 10 Total Boundary Wall 1 11 Partial Boundary Wall 1 12 Cattle shed 13 Losing Partial Land 14 Others 1 Total Minimizing impacts 16. The package has no land acquisition. The design is within the RoW. Following design alterations have been proposed to minimize the impacts of the Project Design Cross- Sections 17. There are 11 types of typical road cross sections proposed for upgrading roads. Distinct design approaches have been followed to minimize negative impacts on the people. The Typical road cross section for upgrading roads is given in Annex 1. In this section 3 cross sections have been used. (i) UR 1A Rural Cross section: This has a seven meter paved carriage way, with 1.5 m paved shoulder and 1.0 m unpaved shoulder on either side..

26 6 (ii) UR 2 Rural Cross section (through village): This has a 7.0 mts paved carriage way, with minimum 2.5 mts to a maximum of 4.5 mts paved shoulder and 1.0 mts uncovered drains on each side (iii) UR 7 Rural Cross section in Cutting: This has a 7.0 mts paved carriage way, with 1.5 mts paved shoulder and 1.0 mts paver block shoulder on each side, beyond which there is 0.8mt concrete drain and 0.5 mts benching Mitigation through Design Cross Section 18. The changes that have been considered in the project through good designs to mitigate social impacts include: - Avoiding unnecessary displacement by modifying project alignments, reducing the width of the corridor of impact, or modifying design based on rural and urban cross sections. At built up/ village sections where the road width is insufficient for expansion, design alternatives include reduction of COI.. - Smoothening of curves and bends for better geometric design. In case where it affects settlements, alignment changes were done. - Minimal impact on residential and commercial structures thus minimising resettlement and loss of livelihood. - Paved shoulders to be maintained as far as possible to facilitate movement of non-motorised traffic. - Reducing design speed in built up areas; - Reducing impacts on existing shrines and worship places; - Providing suitable safety measures, such as speed reductions near schools and hospitals; - Minimising the raising of roads in urban areas to prevent water seepage to the houses adjoining the roads and ; - Providing access to businesses and residential units that would be otherwise impacted by construction; and minimising losses of public and private property, such as tube wells, tree plantations and other common property resources within the ROW, by minimising the width to be cleared Road safety and Traffic Management measures 19. During the consultations safety of the roadside communities has been found to be a major concern. A number of measures have been proposed to reduce the risk of traffic accidents Traffic safety measures included: Conducting Road safety Audits has become a key responsibility as part of the Highway Designs. Various road safety appurtenances, which should be adopted as a part of improving the safety in the road design, are adopted in the project road designs: 20. Road Furniture details include: Road markings; cautionary, mandatory and informatory signs; KM stones and 200m stones; delineators and object markers; guard posts and crash barriers; road humps and rumble strips; reflective pavement markers (RPM) and chevron signs and median and footpath barriers. In addition bus bays, parking bays, truck lay byes with rest areas and detailed improvements to major and

27 7 minor intersections on the project road coupled with identification of black spots are being dealt with Magnitude of impacts on cultural properties and CPRs 21. There are no sites of archaeological importance or sacred groves within the COI for this link. The project authorities would relocate cultural properties in alternative site such as places of worship which are getting totally affected. The identification of alternative site will be done by the NGO/ support agency in consultation with the local user population of that particular cultural property. The alternative site for construction will be provided by the GOK. In case government land is not available, the project authorities will have to buy land to replace the cultural property. If the cultural properties are partially affected the project authorities will compensate only the affected portion. 22. The project will impact 44 community structures. There are: eight aralikattes, 25 bus shelters, three hand pumps, seven boreholes etc. There are some structures which are getting partially affected. The details of affected community structures are given in Annex All community assets getting affected need to be relocated before commencement of civil works. The broad timetable for relocation of community assets is given in the Implementation Schedule. The relocation of the community assets needs to be undertaken concurrently in all the contract packages. The project authority will be responsible for the construction of the affected community assets. The relocated community assets would be handed over to the local community/trust for maintenance. 24. All hand pumps getting affected will be located depending on availability and depth of water table. Water points, public taps and wells getting affected will also be similarly relocated. All affected aralikattes, will be built by the project authorities, and in sites identified by the project-affected groups and the co-ordinating NGO/ support agency for implementation. The project authorities will relocate all the bus shelters getting affected by widening of the road. The location of the bus shelter were decided on the basis of the frequency of usage arrived through the consultative process of the users and design requirements Impact of the project 25. The proposed project can be viewed as boosting economic growth and poverty reduction which will bring substantial social and economic development in the region. The social benefits arising due to the project will be triggered off due to improved accessibility to various services such as easy access to markets, health facilities, schools, workplace which in turn increases the income of the locals, and ultimately elevating their standard of living. The outcome of the project will include: (i) The project will serve villages with better access and enhanced mobility. Improved backward taluk connectivity will facilitate travel to taluk head quarters and other local government/development agencies. In places where the connectivity is poor the project road will provide better access to amenities such as health, education, town/market and improved social networking.

28 8 (ii) The project will improve the accessibility of the population along the project corridor to education, health, employment, trading opportunities and in the long run help towards poverty alleviation. (iii) The project will help to increase new economic and employment opportunities by providing improved linkages to markets, production centers and other areas of economic opportunities. Better and quicker transportation would help the rural population to transport their produce faster and get more profit margins instead of depending solely on local markets and middlemen. (iv) Women will benefit, as their mobility will be facilitated both in terms of access to social services, as well as access to higher levels of schooling. Women s access to higher levels of health care outside the village will also improve considerably. (v) Targeted assistance will be provided to vulnerable groups including below poverty line households, women-headed households, and handicapped persons, through the Resettlement Policy. 26. The likely adverse impacts of the project are: Potential adverse impacts associated with this project are loss of livelihood. The overall, the proposed project road will bring in economic and social changes, which in turn would bring economic prosperity and would lead to poverty alleviation Right of Way (ROW) and COI 27. The ROW 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. Using available records with the PWD and the Revenue Department, the social team verified the boundaries of private properties within and in the vicinity of likely corridor of impact. The preparation of the Land Acquisition Plan is being facilitated through the verification of land records, updated records for the ownership of land. 28. For this project, preparation of RP associated with displacement is limited to the corridor of impact. The corridor of impact is the width required for the actual construction of the road, including carriageway, shoulder, embankments and longitudinal drainage. 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 minimize displacement and other project impacts. Those affected between the COI and ROW during the lifetime of the project will be assisted in line with this Project s Entitlement Policy, if they are required to be affected for any additional work required for this project.

29 9 2 METHODOLOGY FOR IMPACT ASSESSMENT 2.1 Social Impact Assessment 29. Poverty and Social Assessment (PSA) was carried out for the project road. The PSA study looked into the likely impacts of road improvement on the communities, and the likely mitigation aspects of the impacts. It also looked into the impact of the project especially on the backward taluks through which the project road passes, and how the road project is likely to affect the impacted population. The study was based on extensive public consultations and stakeholders view. 30. The negative social impact identified by community members was the potential for loss of land to project interventions. However, according to a majority of stakeholders consulted, the benefits of the project outweigh impacts from minor losses of land. There was broad consensus in all these communities that dry land acquired by the project would not be a problem, people were reluctant to part with irrigated or garden lands. To overcome any resistance it was informed that according to the entitlement policy land losers will be given market value of land after negotiation under the KHA, Recommendations for impact mitigation and enhancement entitlements were given by the stakeholders. The suggestions as feasible have been incorporated into the design. 2.2 Approach to Resettlement Planning 31. During the census survey it was seen that road widening and improvement will have some impact on residences, businesses, shrines, places of worship, agricultural land, community assets. Most of the infrastructure work planned for the project as far as possible will take place within the established ROW. In most cases, the land required for the project is immediately adjacent to the current carriageway. The additional land required by the project falls under several classifications: (i)public land owned by the State Government and administered by other Departments such as Revenue; (ii) Public land owned by villages or other local governments; and (iii) Private land. 32. The RP 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.

30 Census Socioeconomic Survey 33. As a part of the Project a census survey of displaced households/persons (DHs and DPs) was carried out. The findings of the census survey provided the magnitude of social impacts on the DHs and DPs. In this section the survey outcomes are analysed. The census information helped to generate necessary data/input for the preparation of this Resettlement Plan. The Census Survey Schedule is given in Annex 3. The surveys provide a baseline measurement of potential impacts on displaced households/persons that form the eligibility criteria for entitlement as given in the R & R Policy of KSHIP. The objectives of the census verification were to: (i) provide information regarding project impacts in order to facilitate designing of various components of the RP, especially R & R entitlement; (ii) minimise the influx of outsiders to the affected area; (iii) identify DPs by effect categories; and (iv) enumerate DPs assets and land holdings; 34. The project will impact the following persons: Table 2-1: Distribution of DHs Link Titleholder Tenant Squatter Encroacher 48A TOTAL Source: Census Socioeconomic Survey Methodology and Database 35. Census covers 100% of the potentially affected population within the likely COI. It provides a demographic overview of the population served by the RP and profiles household assets and main sources of livelihood. During census survey, legal boundaries of affected properties were verified. The census registered all household members and individuals within the potential COI their assets and income, and demographic and social information to determine whether project affected persons were to be categorised as vulnerable groups with special entitlements under the project. Private land owners, tenants, squatters and encroachers within the COI were covered. Structures, trees and other assets were also recorded. 36. Data was collected at the following levels (i) Household level interviews with each affected household were undertaken. Each of the households surveyed and the structure/agricultural land likely to be affected by the project has been numbered, documented and photographed; (ii) Village level public consultations were conducted. 37. A database has been created for the census information. The information has been stored and analysed using Visual Basic and MS Access. This program is easily convertible to Oracle platform. The superimposition of the survey data on the final engineering designs will provide the actual number of DPs. Only these DPs within the final COI will be considered eligible for support under the project. 2.5 Sources of Data 38. Data was collected was collected from the following secondary sources: (i) Revenue records at local/village level with regard to land particulars for acquisition of properties;(ii) Census records for demographic information; (iii) PWD for ROW/COI, estimates of the cost of infrastructure development etc.; (iii) Development agencies to get information on

31 various developmental programs for specific sections of population like landless, marginal and small farmers etc. tribal, SCs, etc.; and (iv) Local organisations, including NGOs, in order to involve them and integrate their activities in the economic development programs of the displaced population. 11

32 12 3 SOCIOECONOMIC INFORMATION AND PROFILE 3.1 Socioeconomic profile of the project area 39. This corridor has a single link of kms in Udupi district. The total female population is 52.63% of the total population in this corridor. The Schedule Caste population accounts for 7.2% of the total population of the link. The female Schedule Caste population to the total female population is 6.9%. The overall Scheduled tribe population in the link is 2.06%. Literacy rate in the corridor is high at 77.67%. The female literacy level is also high at 74.30%. This corridor passes through Udupi district, which has overall high literacy level. The overall work force participation rate in this corridor is at 44.86%, which compares with the State level figures. Female workers account for 42.06% of the total workers, which is higher than the State average figures. Rice is the principle crop followed by pulses and oilseeds. The region is also known for plantation crops specially rubber, spices and coconut and for fishing activities. The nearest towns are Saligrama and Karkala. 3.2 Socioeconomic profile of displaced population 40. The key socioeconomic characteristics of the displaced population surveyed are discussed below. 41. Social Stratification: There are no Scheduled Tribe and Scheduled Caste. All the households are from the general category. Table 3-1: Social Stratification Link SC ST General Total No. No. % No. % No. % No. 48A Total Religious Group: Among religious groups, Hindus dominate with 75%. Muslims and Jains account for 12.50% each. Table 3-2: Religion Link Hindu Muslim Christian Jain Total No. No. % No. % No. % No. % No. 48A Total Occupation: Distribution of DPs by occupation reveals that agriculture accounts for 66.67%. The other sector, which supports a large section of DHs, is represented by trade/commerce accounting for %; service sector accounts 11.11%. Table 3-3: Occupation Distribution Link No. Agricultu re % Agriculture Labour % Allied Agri. Activities % Service % 48A Total HH Indust ries %

33 13 Cont.. Link No. Commer ce/ Trade % Professi onal % Skilled Labour % Artisan s % Other s 48A Total Income level: In spite of difficulties in getting reliable data on household income efforts were made to persuade the respondents to report as accurate data as possible. Only % of the population reported income less than Rs.26,000. Table 3-4: Income Distribution Schedule Caste % Tot al Link No % % % % % % Above % Total SC 48A Total Cont Schedule Tribe Link No % % % % % % Above A Total Cont General % Tot_ ST Link No % % % % % % Abov e % Tot _O 48A Total Age Classification: 88.24% of the total DPs fall in the age group of Since this happens to be the working age-group the mitigation measures as given in the entitlement matrix need to be carefully implemented with reference to age groups. Table 3-5: Age Classification Link Below Above 60 Total No. No. % No. % No. % No. 48A Total Sex Ratio: Sex ratio in the project population is 1000males to 736 females. This shows a skewed ratio in the area. 47. Literacy: There are no Illiterate or just literate population in this package. 30 % have education up to secondary level. 27 % are graduates. The detail education table with gender wise break up is given below.

34 14 Table 3-6: Literacy Illiterate Just Literate Primary Middle Link No. M % F % Tot _Ill M % F % Tot_ JL M % F % To t_ P M % F % 48A Tota l Cont Secondary Intermediate Graduate Post Graduate Link No. M % F % Tot _S M % F % Tot _I M M % F % To t_ G M % F % 48A Total Cont Link ITI/Diploma Engineer/Doctor Others Total No. M % F % Tot_I/D M % F % Tot_E/D M % F % Tot_O M % F % Tot 48A Total Structure Type: There are eight residential structures getting affected of which are pucca. There are eight commercial structures getting affected of which % are pucca. Table 3-7: Type of Structure Tot_ M 6 6 Tot_ PG Link No. Residential Pucca % Semi Pucca % Kutcha % Total Residential 48A Total Cont Link No. Commercial Pucca % Semi Pucca % Kutcha % Total Commercial 48A Total Loss of Commercial structures: Of the commercial structures the common ones getting affected is one tea stall and two pan/cigarette shops; 50. Access to utilities: There is only one residential owner structure whose boundary wall is getting affected. He has access to electricity and piped water supply. 51. Household Assets: Among household assets 23.5 % of the households have television; % own two/four wheelers; % have telephones; 8.82 % have refrigerators and cooking gas. No household owns any agricultural equipment. 3.3 Vulnerable Groups 52. Those falling within this category include 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

35 15 household. These persons are entitled to Assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) Lump-sum amount of Rs. 25,000. There are some DPs that are in more than one vulnerable category. These DPs will be paid only once. There are no widows or disabled persons. There is only one DP over 60 years. Households by Gender are given below. Table 3-8: Affected Households by Gender Link Male Female Total Category No. No. % No. % No. Head of HH A DPs Gender Issues 53. There are no women-headed households in this package. However, the proposed upgrading of roads under KSHIP is expected to open up new economic opportunities for women to upgrade their skills and also better accessibility to educational and health facilities. The improved road was perceived to help reduce travel time, as an immediate benefit. Women as a segregated class are not involved in any economic activity, which demands attention for their special needs. However, in the village level consultations the women said improved roads were a danger especially in the built up area. Increased speed of traffic makes it difficult for women and children to cross the roads. It also leads to increased accidents as children in villages areas tend to play near the roads. In some links the improved road will lead to the movement of heavy vehicles carrying ore and goods; this was not welcome in the village limits. To ensure that women are secure in receiving payments all benefits will be provided in joint account where the woman will be the first beneficiary accounts. Where ever title is provided it should be provided with joint title with women as the first beneficiary. 3.5 Indigenous People 54. In Karnataka, Schedule Tribes (ST) account for 6.55% (3.46 million) of the total State population. Bellary district has the highest concentration of STs in Karnataka. There are 50 major tribes with 109 sub-tribes in the State (as of March 2005), according to the notified Schedule under Article 342 of the Constitution of India. 55. In this package there is no Scheduled Tribe household getting affected.

36 16 4 SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4.1 Proposed Land Acquisition 56. Land acquisition will be done under the Karnataka Highways Act (KHA), Under KHA land acquisition will be entrusted to a designated Highway Authority with delegated powers, so that the entire acquisition proceedings will be carried out under centralized agency i.e. Highway Authority with dedicated officials for the purpose of land acquisition, instead of involving many officials of the revenue department. Acquisition under consent award as given under Section 27 of KHA, 1964 will be applicable. This will help in arriving at a mutually agreed rate of compensation with the land owners, which will eliminate resentment from the land owners regarding rate of compensation thus reduce the scope for approaching the civil courts for higher compensation. Section 27 read with Section 26 provides payment of compensation to individuals who are losing land. No other section in the Act deals with payment of compensation determined by way of agreement. Under the KHA in this project the Negotiation Committee after negotiation with the land losers in clusters arrive at a price agreeable to the land losers. Once the price is agreed for individual survey numbers accordingly an agreement will be executed with the land losers. Subsequently the land will be taken possession of. In this process no award is passed. Generally this process is termed consent award. In this package there is no land acquisition. 57. The summary and main features on comparison between LAA and KHA are: 1. Time taken under ideal situation for land acquisition under KHA,1964 is 63 weeks as against 94 weeks for LA Act 1894; 2. The Project Director is designated as Highway Authority and in charge of LA. However, the land acquisition under LA Act, 1894 needs to pass through a set of departmental procedure and officials who are often busy with their primary departmental duties. 3. The proposal of land acquisitions under LAA 1894 needs to pass through six offices i.e. the acquiring body, the Tahlisdar, the Assistant Commissioner, the Deputy Commissioner, the survey department and finally the Government which is not only time consuming but also a tedious process. It is also relevant to mention here that even for small clarifications the file has to go through all these offices which cause unavoidable delay in file processing. Under KHA, 1964 the Project will have dedicated officers designated solely for this task, as a result of which the LA process will be faster and better streamlined. The land acquisition under KHA, 1964 would involve two agencies namely the Highway Authority and Government. 58. The process of Land Acquisition under KHA, 1964 is as follows: 1. On the recommendations of the Highway Authority, the State Government will issue a notification for acquisition of the required land, which will be published in the Gazette (Section 15). 2. After publication of notification Under Section 15 of KHA, 1964, the Highway Authority will cause the land to be measured (Section 16).

37 17 3. Under Section 17 of KHA, 1964, public notice will be issued to all the interested persons to file their claim for compensation within 15 days from the date of receipt of notice. 4. At any time after the publication of notification under section 15(on receiving report from the Highway Authority), the State Govt. may direct that the lands specified in the notification shall be taken possession of, from such date as may be specified in the direction. From such date, the said land vest absolutely in the State Govt. free from all encumbrances (Section 19). This process would take place only after completion of awards in every case. 5. Consequent to notification under section 15 and after obtaining documents from the land losers the Highway Authority will proceed to pass award on consent basis if there is consensus for a mutually agreed rate for consent award (section 27). 6. In default of consensus the Highway Authority will proceed to fix the compensation on general award basis (Section 28). 7. There is also provision for making reference against the award of the Highway Authority before the court of law (Section 35). 4.2 Estimated time for LA 59. From the issue of Section 15 the time taken to complete the land acquisition process is 6 months. Anticipated time to be taken for each stage of acquisition proceedings under KHA 1964 is as follows: 1. Section 15: After issue of section 15 notification, 45 days is given for filing claims. 2. Section 17: public notice and notice to individual land losers to file his claims within a specific date mentioned therein the notice. 3. Framing of award: Framing of award under section 27, 28 and taking possession of land 12 weeks 4. Section 19: From section 15 notification to issue of direction under section 19 for taking possession of the land 24 weeks 4.3 Managing Land Acquisition 60. The GOK has designated the Project Director (PD) as Highway Authority under Section 6 of KHA, as per GO Order No.PWD 49 EAP 2008 dated The Special DC Land Acquisition and the Project Director are the award approving authority. Sp DC LA can approve award up to Rs.50 lakhs. Above Rs.50 lakhs and up to Rs.1 crore the authority rests with the Project Director. 4.4 Staffing for Land Acquisition Work 62. The Special DC Land Acquisition will be in charge of Land Acquisition. To execute the LA work efficiently the GoK has issued orders for the appointment of supporting staff for LA. 63. The Special DC LA will be assisted by two Assistant Commissioners.

38 Negotiations Committee for Land Price Fixation and determination of Replacement Cost 64. Under the KHA, 1964 the negotiation of compensation is the most important task. The determination of replacement cost is the foundation for the purpose of compensation by agreement or consent award. Replacement Cost of land for consent award will be determined through negotiations between the land losers and the Negotiation Committee. The price of land has generally been seen more than the market value derived adopting the procedure land down in the LA Act Since land acquisition proceedings are quasi judicial proceedings offering a minimum price before the award can be passed will not be a fair act for the proceedings. The composition of the committee is given below. 4.6 Negotiation Committee Assistant Commissioner of the concerned Sub Division Chairman Assistant Commissioner of KSHIP Secretary Jurisdictional Executive Engineer Member Zilla Panchayat Member of the concerned jurisdiction Member 65. The Guidance Value as per the Department of Stamps and Registration for the different categories of land, for the villages along the project road will be obtained from concerned District Registrars. This guidance value will be referred to by the Negotiation Committee. 66. The Zilla Panchayat member of the area is the member of the Committee. Proceedings of the Committee are documented by the AC (LA) of PIU KSHIP who is the member secretary. The public representative, that is the Zilla Panchayat, member on the Committee will be considered as an independent external party for the negotiation and settlement purpose. If needed proceedings can be videographed. 4.7 Method of Price fixation a. The concerned Land Acquisition officer who is the member secretary of the Negotiation Committee will call for a meeting; b. Dates for price negotiation will be given village wise. Negotiation will be conducted village wise calling all the land losers together for negotiation. This is to ensure transparency. c. The PIU will provide information on the guidance value of the land to land losers before negotiations. d. For the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Kolar, Ramnagaram, Mysore, Davangere, Belgaum and Dakshin Kannada the minimum negotiation price will be one and half times the Guidance Value. For all the other districts other than those mentioned the minimum price will be twices the guidance value. e. The Negotiation Committee will negotiate the price with the landlord; f. Based on the decision of the Negotiation Committee the Special Land Acquisition Officer will give the compensation.

39 19 g. Compensation will be given within 30 days of taking possession and receiving all the necessary documents 5 by the Special LA officer. In case of delay a 9 % interest will be given to the beneficiary up to a period of one year after which it will be increased to15 % thereafter. (This is as per the provisions of the LA Act ). h. On approval of the award by the Special DC or PD, the Special Land Acquisition Officers will make the payments accordingly. i. Possession of Land will be taken vide Section 19, which will be only after the payment of compensation. 4.8 Failure of KHA and Appellate Committee 67. In the event the land lord does not agree with the rate negotiated by the Negotiation Committee the award will be passed in the traditional general LA method and the amount will be deposited with the court. The provisions of the Amendment Bill will be followed as necessary. 4.9 Valuation of Assets 68. The valuation of structures and other assets will be carried out by Government approved valuators appointed by the PIU. Valuation will be done on the basis of current PWD Schedule of Rates, without depreciation, which is at replacement cost. Based on the valuation another 30% will be given. Trees will be valued by the Horticulture/Forest department Cut-Off Date 69. The cut off date for those who have legal title is the date of Notification under Section 15 of Karnataka Highway Act The date of census is the cut-off date for those who do not have legal standing for eligibility of assistance under the project. People moving into the COI after this cut-off date will not be entitled to support. It is the responsibility of the PWD to ensure that the COI is maintained free of squatters and encroachers. 70. It is recognized that there will be a margin of error in the census, and any person who was not enumerated but can show documentation or evidence that he/she is rightfully an entitled person will also be included. The Project Implementation Unit is responsible for such verification. A cut off date slip was issued to the non titled people surveyed. The cut off date for non- title-holders, is the date of the start of the census survey on a particular link. The cut-off date for link 48 A is The details of displaced persons whose structure/assets are getting as on the cut off date is given in Annex Estimation of land requirement and Preparation of Land Acquisition Plans 71. There is no Land acquisition for this package. However the preparation process of LAP includes: 1. From the Land Record office Village map, tippany, hissa tippany, akarband is collected. 5 Documents to be furnished include Phani (RTC), Mutation Extract, Vamsha Ruksha (Geneological Tree) and if the interest of land holder is subject to a court decree, a certified copy of such a decree.

40 20 2. RTC records is collected from the Taluk Office 3. Based on the above documents and spot inspection sketches for LA are made 4. Calculation of land acquisition requirement in a particular survey number is arrived based on the akarband ; 5. Field verification of RoW is done from PWD notifications; 6. Identify and stakeout on ground of the areas beyond RoW where private land needs to be acquired as per approved proposed alignment designs; 7. Measurement of land proposed to be acquired to be done along with the Revenue Department. This is done in coordination with Project Consultants, PIU staff and revenue officials. 8. After field verification land particulars are transferred to each survey sketch; 9. The LA plans have to be finally signed by the Surveyor, Supervisor, Tahsildar and; KSHIP AE, KSHIP AEE and Project Consultants Compensation Payment Process 72. The compensation payment process includes: 1. Compensation to be finalized by the Negotiation Committee with the consent of DP. 2. The award will be approved by the Special DC LA or Project Director depending on the award amount. 3. Cheque payment will be done. The SDRC will assist beneficiaries to open a Bank account incase they do not have Bank Account. 4. Consent will be in written form Administering the payment of R&R Assistance 1. All Entitlements to be provided will be verified against losses incurred by the NGO; 2. Information will be updated in the database, 3. Bank accounts are to be opened for all beneficiaries; 4. The CAO will authorize payment of R&R assistance. 5. All payments will be made through Cheque, directly to the beneficiary. 6. DPs who are in more than one vulnerable category will be paid only once.

41 21 5 STAKEHOLDERS CONSULTATION, PARTICIPATION AND DISCLOSURE 5.1 Consultation and Community Participation 73. Public consultations was held in Nitte on , focusing on areas of impact due to widening, at places congestion with impacts on buildings and where major common property resources are getting affected- such as any religious structures etc. The out come of the consultations were used for analysis of alternatives and minimising negative impact of the project. 5.2 Methodology 74. The methodology followed for public consultations was: 1) Group meetings and one to one consultations were held with the displaced persons. 2) Informing all the likely affected persons regarding the meeting including DPs and at village level. Panchayat leaders, gram sabha members, officers from PWD sub divisions and any local NGOs were also informed about the meetings. 3) The minutes of the meetings have been recorded, list of participants for each of the meeting along with the signature have been obtained and the photographs of consultations have also been taken. The list of participants and photographs has been provided in Annex During the consultation the people were informed about: (i) KSHIP, including a background on KSHIP Phase A project; (ii)the rural and urban design cross sections of the roads; (iii) The people were informed about KSHIP Resettlement policy and the compensation and assistance provided therein and asked suggestion for improvement so that their suggestions can be incorporated by the project authority for KSHIP; (iv) Proposed safety measures for the road; and (v)the likely impacts of the road, both positive and negative. The Consultations elicited from the people: (i) Their views on the project especially the likely adverse impacts; (ii) Possible mitigation measures in case of adverse impacts; (iii) Means of better delivery of compensation and assistance;(iv)the assurance from the project authority not to marginalize people by depriving them from their livelihood; and (v) Provision of infrastructure such as drinking water and toilets. 76. As a part of the public empowerment through public consultations the stakeholders have written to the Project authority regarding their views on the impact of the project, and the anticipated adverse impacts. These issues have been addressed and responses have been provided. 77. As meaningful consultations in the project is a regular and continuous process, more in-depth consultations will be organized by the implementation NGOs throughout the project cycle. 5.3 Key Findings of the Consultations 78. The consultations have helped in not only achieving the social assessment objectives, but also assisted in gathering suggestions for mitigation of adverse impacts, improvement in designs and facilitating inputs for the resettlement plan preparation and

42 22 implementation. The consultation for the link was held at Nitte on 24 July There were 18 participants. 79. The issues discussed and the outcome has been given below:

43 23 Table 5-1: Key Issues: 48 A Sl. Name of Sex Profession No. Stakeholder Issued Discussed 1 Ananda Shenoy M Business He said already for the Kudremukh project land has been acquired for road construction. So he has no problem with KSHIP project. 2 Raghu Chandra M Business He wanted to know Bandaya whether for all types of homes / structures the same compensation will be given. He is suggesting that according to the type of structure valuation should be done and compensation be given accordingly. 3 Dsila Nitte M Business He wanted know those who have shops on government land what compensation will be given. Response It was explained Valuation will be done according to the PWD SR schedule of rate. Depending on the type of material used valuation for each structure will be different. It was explained that those who had shops on government land will be provided with alternative shop and additional assistance will be given so that their livelihood is not affected. 5.4 Levels of Consultation 80. The consultation program is tiered and conducted at several levels that included, among others: (i) Heads of households/members likely to be impacted; (ii) Villagers and Village Panchayats; (iii) and Implementing Agency and line Departments. 5.5 Consultations during implementation 81. Several additional DP consultations will be conducted during RP implementation. As a follow-up of the local-level DP consultations held during project preparation, further consultations will be conducted by the NGO during implementation. In the first round of consultations information on RP and Entitlement policy and options will be disseminated. This will involve explaining the Entitlement Framework and resettlement options to the DPs and soliciting their support and co-operation. This will help finalize agreement on the various entitlements provided in the entitlement framework. Next round of consultation involves agreements on compensation and assistance options and entitlements with DPs and completion of DP identity card indicating the accepted entitlement package. The next round of DP consultations will occur when compensation and assistance are provided and actual resettlement begins and the NGO has to facilitate relocation. 5.6 Disclosure 82. In order to make the RP implementation process transparent, a series of FGDs/ meetings etc will be held with all stakeholders for dissemination of information regarding

44 24 rehabilitation process and entitlement framework. The RP and entitlements will be disclosed in public meeting. The salient features of RP and the R & R policy will be translated in Kannada and disclosed through public consultations to be held in taluka head quarter of each districts through which the particular link pass through. It will also be disclosed through the PWD, Government of Karnataka Website. In addition brochure of the Land Acquisition and the R&R Policy will also be provided. All copies will be kept in: (i) State Government Library at Bangalore; (ii) District libraries of the project; and (iii) in the Panchayat offices along the project roads. The RP document will also be disclosed on ADB s website as per the disclosure requirements. 83. A Public Consultation and Disclosure Plan will be prepared by PIU/NGO for each of the proect roads as per the format below: Table 5-2: Public Consultation and Disclosure Plan Timing Activity Task (Date/ Period) Stakeholder Mapping of the identification project area Project information Distribution of dissemination information leaflets to dispalced persons Consultative meetings with APs during scoping phase Public Notification Socio-economic survey Consultative meetings on resettlement mitigation measures Publicize the resettlement plan (RP) (DPs) Discuss potential impacts of the project Publish list of affected lands/sites in a local newspaper; establish eligibility cut-off date Collect socioeconomic information on DP s perception on the project Discuss entitlements, compensation rates, grievance redress mechanisms Distribute leaflets or booklets in local language Agencies Remarks Full disclosure of the RP to APs Internet disclosure of the RP Consultative meetings during Distribute RP in local language to DPs RP posted on ADB and/or EA website Face to face meetings with DPs

45 25 detailed measurement survey(dms) Disclosure after DMS Disclose updated RP to DPs Internet disclosure of the updated RP Updated RP posted on ADB and/or EA website If during project implementation PIU KSHIP or implementation NGO come across any case where affected persons have not been timely paid during previous land acquisition (for the same road) such cases will be dealt on the case to case basis and PIU KSHIP will facilitate the acquiring body to make payment to the affected persons through GRC and this will be documented.

46 26 6 LEGAL FRAMEWORK 86. This chapter provides an overview of the applicable Policies and Acts for the Project. 6.1 The National Policy on Resettlement and Rehabilitation for Project Affected Households, Until recent time in India, there was no safeguard policy to deal with resettlement and rehabilitation of displaced persons. There was no uniform approach adopted by states towards the displaced persons. In the absence of central policies, ad hoc administrative instructions, in conformity with the land acquisition act was in practice. In 2007 the GOI developed a National social safe guard policy. This was developed taking into the consideration the safeguard policies of international development bodies like the World Bank, Asian Development Bank etc. The National Policy on Resettlement and Rehabilitation for Project Affected Households, 2007 (NRRP-2007) came into effect in October The salient feature and the statements of the NRRP-2007 are as following: (i) SIA shall be mandatory for all projects involving displacement of four hundred or more households en masses in plain areas, or two hundred or more households en masses in tribal or hilly areas etc. Coordination with EIA in the context of the public hearing done in the project affected area for EIA shall also cover issues related to SIA. (ii) Consultations with affected people and disclosure of relevant information to them at various stages of resettlement planning; (iii) Affected people without legal rights also need to be assisted (affected people categorized landless agricultural workers, forest dwellers, tenants and artisans who are critically dependent on the acquired assets for their subsistence/ livelihoods); (iv) Prepare resettlement plans that are disclosed to the affected people in draft form, and reviewed and approved by competent authorities; (v) Collection of socioeconomic base line for project affected households; (vi) Project displaced persons (whose entire land is taken) will receive land in lieu of his loss. In addition to their loss cash assistance will be paid for regaining livelihood; (vii) Vulnerable project affected people will get extra cash/kind assistance; (viii) Purchase of land from any project affected persons would be through consent award (negotiation of rate between land owner and project authority); (ix) The Grievance Redressal Cell shall have representatives of women, Schedule Castes Schedule tribes residing in the affected zone. The Cell shall have the power to consider and dispose of all complaints relating to resettlement and rehabilitation against the decision of the Administrator/R&R Committee at Project level; (x) A monitoring cell should be constituted under the Project.

47 27 (xi) Each Project affected household comprising of rural artisan/small trader and self employed person shall get one-time financial assistance for construction of working shed/shop for livelihood support. 6.2 The Land Acquisition (LA) Act of The Land Acquisition (LA) Act of 1984 is commonly used for acquisition of land for any public purpose. It is used at the State level with State amendments made to suit local requirements. Expropriation of and compensation for land, houses and other immovable assets are carried out under the Land Acquisition (Amendment) Act, The Act deals with compulsory acquisition of private land for public purpose. The procedures set out include: (i)preliminary notification (Section 4); (ii)declaration of Notification (Section 6); (iii)notice to persons interested (Section 9); (iv)enquiry and award (Section 11); (v)possession (Section 16). 89. The 1984 amendments to the LA Act addressed the matter of compensation and delays in payment. As regards, the level of compensation, the rate of solatium was increased from 15 % to 30 %. For delays, the amendment requires that: (i) (ii) A time of one year was fixed for completing all formalities between the issuance of Section 4 and Section 6; and The compensation award must be determined within two years of the issuing of section 6 notification. Interest is payable at a rate of 12 % per year from the date of preliminary notification to the date of dispossession. These changes apply to cases before the Civil Courts even for awards made before the enactment of the amendments. 6.3 Asian Development Bank s Safeguard Policy 90. The ADB s Safeguard Policy Statement 2009, recognizes and addresses the R&R impacts of all the affected persons, irrespective of their titles, and requires the preparation of RP in every instance where involuntary resettlement occurs. The ADB policy requirements are: (a) avoid involuntary resettlement wherever possible; (b) to minimize involuntary resettlement by exploring project and design alternatives; (c) to enhance, or at least restore, the livelihoods of all displaced persons 6 in real terms relative to pre-project levels; (d) improve the standards of living of the displaced poor and other vulnerable groups. 91. The main policy principles of the SPS are : 6 In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

48 28 Screen the project early on to identify past, present, and future involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks. Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and reporting of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons concerns. Support the social and cultural institutions of displaced persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Improve, or at least restore, the livelihoods of all displaced persons through (i) land-based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible. Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

49 29 Prepare a resettlement plan elaborating on displaced persons entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time-bound implementation schedule. Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders. Conceive and execute involuntary resettlement as part of a development project or program. Include the full costs of resettlement in the presentation of project s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand-alone operation. Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation. Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. 6.4 Indigenous Peoples 92. Indigenous Peoples (IP) are defined by ADB S Indigenous Peoples Policy are those having distinct social, cultural, economic, and political traditions and institutions compared with the mainstream or dominant society. IP generally share the following characteristics: (i) descent from a population living in an area before current national territories were defined; (ii) maintenance of cultural and social identities separate from those of dominant societies; (iii) self-identification and identification by others as being part of a distinct cultural group; (iv) linguistic identity different from that of dominant society; (v) political traditions and institutions distinct from dominant culture; (vi) economic systems oriented more toward traditional production systems; and (vii) unique ties and attachments to traditional habitats and ancestral territories. 6.5 Karnataka Highway Act 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 through the The Karnataka Highways Act 1964 (KHA,1964) instead of using the Land Acquisition Act of Comparison of National and State Policies with Asian Development Bank s SPS The National Rehabilitation and Resettlement Policy of 2007 (NRRP-2007), represents a significant milestone in the development of a systematic approach to

50 30 address resettlement issues in India and closes significantly the gap between Indian national policies and those of ADB s. The Land Acquisition Act (LAA) of 1894 (as amended in 1984) gives directives for the acquisition of land in the public interest and provides benefits only to titleholders. The LAA also does not provide replacement cost for the loss of land and assets. By contrast, the NRRP recognizes non-titleholders, although the basic requirement is for the non-titleholder to have been in the projectaffected area at least 3 years prior to the declaration of the area as an affected area. In Karnataka there are various project level R&R Policies. The KSHIP policy tries to address any gaps in the existing policies which are relevant for the project. Table 6-1: Comparison of gaps in various Acts and Policies with ADB s SPS LA NRRP-2007 ADB SPS KSHIP Policy Cut off Date 3 years prior to Date of survey will Date of survey will be for Assistance date of survey for be considered as considered as cut off for Non titleholders cut off for Non Non titleholders and the and the date of titleholders and the date of section 15 section 15 date of section 15 notification for notification for notification for titleholder. titleholders. titleholder. Social Impact Mandates SIA Requires a Poverty A Poverty and Social Assessment survey for 400 or and Social Assessment study has more getting Assessment study been done for this displaced no minimum project. enmasse in plain threshold area or more than prescribed. 200 households in hilly area Replacement Cost of land Assistance to tenants losing commercial and residential structures No replaceme nt cost of land Provides for alternative lands; where not possible monetary compensation No direct mention of assistance to tenants losing commercial and residential structures Provides replacement of land This is covered. for cost Provides for replacement cost (compensation)of land through negotiations as per KHA Provides assistance to tenants losing commercial and residential structures.

51 KSHIP Policy 7 ENTITLEMENTS, ASSISTANCE AND BENEFITS 95. The National, State and Departmental Code provides for the framework for resettlement and rehabilitation activities. However, within the context of the above mentioned policy frameworks a project specific Resettlement Policy has been prepared. The project policy has been evolved through a number of discussions by PIU. Good practices of the other States have also been taken into consideration in addition to considering the relevant policy provisions and entitlements under each category of loss mentioned in National Policy for Resettlement and Rehabilitation Impacts and Entitlements 96. This policy addresses the direct and indirect impacts of project construction and operation on displaced persons, households and communities. The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Other losses include loss of shelter, and other assets within the project s corridor of impact; as well as roadside structure, business establishments and public facilities. Mitigation is provided through compensation and assistance to projectdisplaced persons, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework adopted by the project. All assistance will be provided a one- time grant. 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. 97. 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 socioeconomic data. Collective impacts on groups represent direct and indirect impacts, where group members need not be individually registered. Group-oriented gains and losses in this category are less quantifiable in terms of impacts on the individual. Mitigation and support mechanisms are collectively oriented, and the monitoring of these efforts will examine the impact and benefits for the groups involved. The GOK from time to time will make amendments in this policy as and when required. 7.3 COI 98. ROW 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. Using available records with the PWD and the Revenue Department, the project will verify the boundaries of the legal right of way as well as boundaries of private properties within and in the vicinity of the likely COI. Displacement under the project will be limited to the corridor required for the road and its safety zone. This corridor is referred to as the COI. Within this corridor, there should be no structures or other hindrances. The advantage of this approach is

52 32 that such a corridor is easier to maintain free of encumbrances than the full ROW. Where the COI is beyond the ROW land acquisition will be required. 7.4 Targeted support to vulnerable groups 99. 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. 7.5 Option and Choices 100. 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 counseled so that they are able to make informed choices among the options provided. 7.6 Principles 101. 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 Plan (RP). The RP will contain the implementation details on how to ensure that principles and provisions of this policy can be implemented. The Resettlement Plan will describe the approach to be followed in minimizing and mitigating negative social and economic impacts caused by the project, including displacement 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. 7.7 Definitions 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 displaced persons 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 is any government land which is unauthorizedly occupied by a person and such person has applied for regularization of the same under

53 33 the Karnataka Land Revenue Rules under 108 C(1) is called Bagar Hukum land. d. Below poverty line or BPL Household means below poverty line households as defined by the Planning Commission of India, from time to time, and those included in the State BPL list in force. e. Compensation refers to the amount paid under The Karnataka Highways Act, 1964 and The Karnataka Highways Rules, 1965, for private property, structures and other assets acquired for the project. It refers to the amount as given in the Entitlement Matrix for the project. f. Cutoff Date: the date of Notification under Section 15 of Karnataka Highways Act, 1964 will be the cutoff date where the land acquisition will be required. For Non titleholders the date of socioeconomic survey will be considered as the cutoff date. g. Displaced households (DHs) means- (i) a household 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) 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 or agricultural land) rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation 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; h. Displaced Persons (DPs), any persons who have economic interests or residence within the project impact corridor and who may be adversely affected directly by the project. Project displaced 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. i. 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. j. Household 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 household consisting of a person, his or her spouse and minor children; k. Government refers to the Government of Karnataka l. Land acquisition or acquisition land means acquisition of land under the Karnataka Highways Act, 1964;

54 34 m. Marginal farmer means a cultivator with an unirrigated land holding up to one hectare or irrigated land holding up to half hectare; n. Minimum Wages: The minimum wage of a person for his/her services/labour is Rs. 100 per day as per Govt Notification NoLD96 LMW 2005 dated o. 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. p. Notification means a notification published in the Gazette of India, or as the case may be, the Gazette of State; q. 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. r. 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 provisos of the Entitlement Matrix of the project. s. 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. t. 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. u. Squatter means those persons who have illegally occupied government lands for residential, business and or other purposes. v. 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. w. Vulnerable groups: persons such as disabled, widows, or persons above sixty years of age. x. Women-headed Household is a household that is headed by a woman and does not have a male earning member. This woman may be a widowed, separated or deserted person. 7.8 Entitlements 103. The DPs will be provided with the following benefits: Loss of Land: This includes all those who have legal title to land. They will be provided with Compensation as per Replacement Cost through direct negotiation as per Karnataka State Highway Act, stamp duty and registration charges. Stamp duty and registration charges are applicable for those who accept negotiation price. Minimum

55 35 negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Ramnagaram, and Corporation / Municipal limits of other district HQs will be one and half times the Guidance Value. For all other areas other than those mentioned above the minimum negotiated price will be twice the Guidance Value. 7 OR average sales statistics, whichever is higher 8. In case of severance of land an additional 25 % compensation will be paid to the land loser if he retains the remaining plot OR if the remaining land is not viable and the land owner opts to surrender the entire plot to the project, compensation as given earlier will be applicable; Loss of perennial crops and non-perennial crops will be compensated in accordance with Horticulture department valuation process; A grant of Rs. 15,000 for replacement of Cattle shed; Water yielding bores will be replaced in the location identified by the affected person in the remaining land holding subject to availability of water. In case water is not available replacement cost of the borewell at current PWD SR rates and 30% solatium will be given. In case of land owners who become landless or marginal farmers, the following additional entitlements will be offered: (a) subsistence allowance of Rs.30,000 for land less and marginal; and, (b) assistance for creating Income generation asset valued up to Rs.75,000; Additional amount of Rs.20,000 will be restricted to those who loose narrow stretch of land as ex gratia compensation in lieu of all other benefits(narrow stretch of land is defined as persons losing up to five guntas of land). For those becoming landless and all marginal farmers training assistance will be provided for income generating vocational training and skill upgrading options as per affected persons choice.the NGO will ensure linkages of the trained persons to ongoing programmes, to facilitate employment and marketing opportunities; Employment opportunity for affected persons as per his skills and availability of suitable work in road construction work; In case of Bagar hukum lands - 50% of compensation and other benefits as available for land owners. Any Government land which is unauthorizedly occupied by a person and such person has applied for regularization of the same under the Karnataka Land Revenue Rules under 108 C(1) is called Bagar Hukum land. Under Rule 108C section 94A, of the Karnataka Land Revenue Act,1966, the Tahsildar is the custodian of the records and he will issue the certification whether the application is pending before the Committee or not. Tahsildar is the Secretary of the Committee for regularization of unauthorized occupation of government land Loss of residential structures: These persons with legal titles losing their residential structures. They will get compensation at current PWD scheduled rates without depreciation and 30 % solatium at replacement cost; Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress; Additional 25 % compensation for partially affected structures towards reconstruction; shifting assistance of Rs. 10,000; Subsistence allowance of Rs. 30,000. In case more than 25 % of house is affected and unviable for retaining, full 7 Revised Guidance Value of the properties in Bangalore Urban, Bangalore Rural, Chikkaballpur, Ramanagaram and Corporation/Municipal limits is two-three times higher than the earlier Guidance Value. Hence one and half times the Guidance Value is proposed as minimum negotiated price. In other areas ratio of revision is reasonably low, hence twice the Guidance Value is proposed as minimum price. 8 The average Sales Statistics is in line with LA Amendment Bill. In the LA Amendment Bill there are different modalities in determining and assessing the market value, any one among them would be adopted wherein the land loser gets the maximum market value.

56 36 compensation will be paid; Resettlement colonies will be developed if more than 20 households are displaced in two kms continuous stretch; Plot size will be equivalent to size lost subject to a maximum of 369 sqm/1200sq. ft in rural area and 184 sqms /600 sq. ft in urban areas; People have right to salvage the affected materials Loss of commercial structures: These are persons with legal titles who will loose their commercial structures. They will get compensation at current PWD scheduled rates without depreciation and 30 % solatium at replacement cost; Alternative shop or assistance for income generation asset valuated up to Rs. 75,000; Additional 25 % compensation for partially affected structures; Shifting assistance of Rs. 10,000; Subsistence allowance of Rs. 30,000; Shopping units with sq.ft will be constructed if more than 20 shops are affected in a continuous stretch of two kms and opt for shop. People have right to salvage the affected materials; Training for self employment will be provided to one adult per household as needed Loss of residential cum commercial structures: These are persons who loose their commercial cum residential structures. They will get the following entitlements: Compensation at current PWD scheduled rates without depreciation and 30% solatium at replacement cost; Alternative shop or assistance for income generation asset valuated up to Rs. 75,000 or Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress ; Additional 25% compensation for partially affected structures; Shifting assistance of Rs. 10,000; Subsistence allowance of Rs. 30,000 ;Additional amount of Rs. 25,000 as grant. 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 households are displaced in two Kms continuous stretch;plot size will be equivalent to size lost subject to a maximum of 369 sq.m/1200sq. ft in rural area and 184 sq.m /600 sq. ft in urban areas; Shopping units with sq.ft will be constructed if more than 20 shops are affected in a continuous stretch of two kms and opt for shop ; People have right to salvage the affected materials ; Training for self employment will be provided to one adult per household as needed Tenants losing residential structure: These are persons who are residing as tenants. They will be eligible for rental allowance for 6 Rs. 500 per month in rural and Rs in urban areas; Shifting assistance of Rs. 10, Tenants losing commercial structure: These are persons who are carrying out commercial activities as tenats. They will be eligible for Rental allowance for 6 Rs per month in rural and Rs in urban areas; Shifting assistance of Rs. 10,000; Assistance for income generation asset up to Rs. 75, Tenants losing residential cum commercial structure: These are tenants who reside and carry out commercial activity in the same structure. These persons will be entitled to Rental allowance for 6 Rs per month in rural and Rs in urban areas; Shifting assistance of Rs. 10,000; Assistance for income generation asset up to Rs. 75, Non titleholders residential squatters: These are persons without legal title who are residing on government property. These persons will be assisted with House in resettlement colony or developed plot and construction cost of Rs. 40,000

57 37 linked to construction progress; Subsistence allowance of Rs.15,000; Shifting Allowance of Rs.5,000. House size in resettlement colony to be minimum of 25 sq.m/270 sq. ft. Resettlement colony will be constructed if more than 20 residential squatters are getting affected in a continuous stretch of two kms and opted for same; Developed plot size will be allotted of 25 sq.m/ 270 sq. ft in urban area and 33 sq.m/350 sq. ft in rural area Non titleholders commercial squatters: These are persons without legal title who are carrying out commercial activity on government property. These persons will be assisted with 112. Alternative shop of 100 sq.ft or assistance for income generation asset valuated up to Rs. 30,000; Subsistence allowance of Rs.15,000; Shifting Allowance of Rs.5,000. Shopping units will be constructed if more than 20 shops are affected in a continuous stretch of two kms and opted for shop Encroachers: These are persons whose structures have encroached on government land. These persons will be provided Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation and compensation of Crop loss or advance notice for harvesting crops 114. Loss of primary source of income: Those persons who are working as employees or agricultural labours who depend upon an existing activity getting affected. These persons will be entitled to Subsistence allowance of Rs. 15,000. Training assistance will be provided for income generating vocational training and skill upgrading options as per affected person s choice; Employment opportunity for affected persons as per his skills and availability of suitable work in road construction work will be provided. Training for self employment will be provided to one adult per household as needed 115. Vulnerable groups Widows, the physically challenged and those aged above 60 years: These persons will be entitled to Assistance to include in government pension schemes if not included, if eligible as per Government criteria (OR) Lumpsum amount of Rs. 25,000; Training assistance will be provided for income generating vocational training and skill upgrading options as per choice; This will be restricted to those who have no or cannot be provided with alterative livelihood sources Community Assets getting affected will be reconstructed and be transferred to Local authorities for maintenance 117. Unidentified Impacts: Unforeseen impacts shall be documented and mitigated based on the principles provided in this policy 118. All amounts in this entitlement matrix are fixed as of April 01, These will increased 10% annually on first day of April every year. The same will hold good for guidance value also if not revised by the GoK.

58 Entitlement Matrix 119. 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 7-1 Table 7-1: Entitlement Matrix No. Impact Category I. Title Holders (a) Loss of land Entitlements 1. Compensation as per the principle of replacement cost through direct negotiation as provided for in the Karnataka State Highway Act, stamp duty and registration charges; 2. Compensation offered is cash for land Remarks Stamp duty and registration charges are applicable for those who accept negotiation price. Minimum negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Ramnagaram, and Corporation / Municipal limits of other district HQs will be 1.5 times the Guidance Value. For all other areas other than those mentioned above the minimum negotiated price will be 2 times the Guidance Value. 9 OR average sales statistics, which ever is higher Revised Guidance Value of the properties in Bangalore Urban, Bangalore Rural, Chikkaballpur, Ramanagaram and Corporation/Municipal limits is 2-3 times higher than the earlier Guidance Value. Hence 1.5 times the Guidance Value is proposed as minimum negotiated price. In other areas ratio of revision is reasonably low, hence 2 times the Guidance Value is proposed as minimum price. 10 The average Sales Statistics is in line with LA Amendment Bill. In the LA Amendment Bill there are different modalities in determining and assessing the market value, any one among them would be adopted wherein the land loser gets the maximum market value. 3 As per the NRRP-2007 the acquiring body has to provide rehabilitation grant equivalent to 750 days minimum agricultural wages. At present the minimum agricultural wages is Rs. 100/day. The NGO will ascertain the actual needs of the displaced persons and assist in creating assets. 4 Bagar Hukum lands are government lands which are unauthorisedly cultivated by persons without legal documents. Applications for regularization that are pending before the regularization committee.

59 39 No. Impact Category Entitlements 3. In case of severance of land an additional 25% compensation will be paid to the land loser if he retains the remaining plot OR if the remaining land is not viable and the land owner opts to surrender the entire plot to the project, compensation as given in No. 1 will be applicable; Remarks 4. Loss of perennial crops and non-perennial crops will be compensated in accordance with Horticulture department valuation process, which is the replacement cost. 5. A grant of Rs. 15,000 for replacement of Cattle shed; 6. Water yielding bores will be replaced in the location identified by the affected person in the remaining land holding subject to availability of water. In case water is not available replacement cost of the borewell at current PWD SR rates without depreciation charges and 30% solatium will be given. 7. In case of land owners who become landless or marginal farmers, the following additional entitlements will be offered: (a) subsistence allowance of Rs. 30,000 for land less and marginal; and, (b) assistance for creating Income generation asset valued up to Rs.75,000 3 ; Marginal farmer is defined as those left with 1 hectare of non-irrigated or 0.50 hectare of irrigation or combination of both 8. Additional amount of Rs. 20,000 will be restricted to those who lose narrow stretch of land as exgratia compensation in lieu of all other benefits. Narrow stretch of land is defined as persons losing an area that is up to 5 guntas of land. 9. For those becoming landless and all marginal farmers training assistance will be provided for income generating vocational training and skills upgrade The NGO engaged for the RP implementation will ensure linkages of the trained persons to ongoing programs, to

60 40 No. Impact Category Entitlements options as per the displaced persons' choice; Remarks facilitate employment and marketing opportunities. 10. Employment opportunity for affected the displaced persons as per his/her skills and the availability of suitable work in road construction work. 11. In case of Bagar hukum lands 4-50% of compensation and other benefits as available for land owners which is equivalent to replacement value for this category. Any Government land which is unauthorizedly occupied by a person and such person has applied for regularization of the same under the Karnataka Land Revenue Rules under 108 C(1) is called Bagar Hukum land. Under Rule 108C section 94A, of the Karnataka Land Revenue Act,1966, the Tahsildar is the custodian of the records and he will issue the certification whether the application is pending before the Committee or not. Tahsildar is the Secretary of the Committee for regularization of unauthorized occupation of government land. (b) Loss of Residential structures 1. Compensation at current PWD scheduled rates without depreciation and 30% solatium at replacement cost. 2. Alternative houses in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress. 3. Additional 25% of current PWD SR rates without depreciation + 30% solatium for the affected portion as compensation for partially affected structures towards reconstruction 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30,000 In case more than 25% of a house is affected and unviable for retaining, full compensation will be paid Resettlement colonies will be developed if more than 20 households are displaced in 2 km continuous stretch Plot size will be equivalent to size lost subject to a maximum of 369 sqm/1200sq. ft in rural area and 184 sq. m /600 sq. ft. in urban areas. Displaced persons have a right to salvage the affected materials.

61 41 No. Impact Category (c) Loss of commercial structures Entitlements 1. Compensation at current PWD scheduled rates without depreciation and 30% solatium at replacement cost. 2. Alternative shop or assistance for income generation asset valuated up to Rs. 75, Additional 25% compensation for partially affected structures 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30,000 Remarks Shopping units with sq.ft will be constructed if more than 20 shops are affected in a continuous stretch of 2 kms and the owners opt for a shop. Displaced persons have a right to salvage the affected materials Training for self employment will be provided to one adult per household as needed (d) Loss of residential cum commercial structures 1. Compensation at current PWD scheduled rates without depreciation and 30% solatium at replacement cost. 2. Alternative shop or assistance for income generation asset valuated up to Rs. 75, Additional 25% compensation for partially affected structures 4. Shifting assistance of Rs. 10, Subsistence allowance of Rs. 30, Additional amount of Rs. 25,000 as grant. II. Tenants (a) Residential 1. Rental allowance for 6 Rs. 500 per month in rural and Rs. 1,000 in urban areas 2. Shifting assistance of Rs. 10,000 (b) Commercial 1. Rental allowance for 6 Rs. 1,000 per month in rural and Rs. 1,500 in urban areas 2. Shifting assistance of Rs. 10, Assistance for income generation asset up to Rs. 75,000 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 households are displaced in 2 km continuous stretch Plot size will be equivalent to size lost subject to a maximum of 369 sq.m/1200sq. ft. in rural area and 184 sq. m. /600 sq. ft. in urban areas. Shopping units with sq. ft. will be constructed if more than 20 shops are affected in a continuous stretch of 2 km and the owners opt for a shop. Displaced persons have a right to salvage the affected materials Training for self employment will be provided to one adult per household as needed

62 42 No. Impact Category (c) Loss of residential cum commercial structures III. Non-Title holders (a) Residential Squatters Entitlements 1. Rental allowance for 6 Rs. 1,000 per month in rural and Rs. 1,500 in urban areas 2. Shifting assistance of Rs. 10, Assistance for income generation asset up to Rs. 75, House in resettlement colony or developed plot and construction cost of Rs. 40,000 linked to construction progress. 2. Subsistence allowance of Rs.15, Shifting allowance of Rs.5,000. Remarks House plot size in resettlement colony to be minimum of 25 sq.m./270 sq ft. Resettlement colony will be constructed if more than 20 residential squatters are getting affected in a continuous stretch of 2 kms and opted for same. As per NRRP Developed plot size will be allotted of 25 sq.m/ 270 sq. ft in urban area and 33 sq.m /350 sq. ft in rural area as per NRRP (b) Commercial Squatters 1. Alternative shop of 100 sq. ft. or assistance for income generation asset valuated up to Rs. 30,000; 2. Subsistence allowance of Rs.15,000; 3. Shifting allowance of Rs.5,000. (c) Encroachers 1. Replacement cost of affected structure calculated at current PWD scheduled rates without depreciation 2. Compensation of crop loss or advance notice for harvesting crops IV. Loss of livelihood (a) Loss of primary source income of 1. Subsistence allowance of Rs. 15, Training assistance will be provided for income generating vocational training and skills upgrade options as per the displaced persons' choice; 3. Employment opportunity for the displaced persons as per his/her skills and availability of suitable work in the road construction. Shopping units will be constructed if more than 20 shops are affected in a continuous stretch of 2 km and opted for shop. Training for self employment will be provided to one adult per household as needed V. Vulnerable People (a) Widows 1. Assistance to include in This will be restricted to those

63 43 No. Impact Category Physically challenged and those aged above 60 years Entitlements government pension schemes if not included, if eligible as per Government criteria (OR) 2. Lumpsum amount of Rs. 25, Training assistance will be provided for income generating vocational training and skills upgrade options as per the displaced persons' choice Remarks who have no or cannot be provided with alterative livelihood sources. Training for those above 60 years is not mandatory and will be provided for if the person opts for it and after the need is assessed. VI. Community Assets (a) Community Assets VII. Unidentified Impacts (a) Unidentified Impacts 1. Reconstruction of affected assets 2.Transfer to Local authorities for maintenance 1. Unforeseen impacts shall be documented and mitigated based on the principles provided in this policy Note: All amounts in this entitlement matrix are fixed as of April 01, These will increased 10% annually on first day of April every year. The same will hold good for guidance value also if not revised by the GoK.

64 44 8 RELOCATION OF HOUSING AND SETTLEMENTS 8.1 Basic Provision for Relocation 120. The PA will provide adequate and appropriate replacement land and structures or cash compensation for lost land and structures, adequate compensation for partially damaged structures, and relocation assistance, according to the Entitlement Matrix. The PA will compensate to the non-title holders for the loss of assets other than land, such as dwellings, and also for other improvements to the land. The entitlements to the non-titleholders will be given only if they occupied the land or structures in the project area prior to the cut-off date. 8.2 Need for Relocation 121. Efforts have been made to minimize the resettlement. There are four houses that are getting partially affected. Seven of the displaced persons are tenants. All efforts are made through various provisions in this RP to mitigate negative social impacts on displaced persons and communities by supporting relocation of affected households and by restoration of pre-project levels of income.

65 45 9 INCOME RESTORATION AND REHABILITATION 9.1 Income restoration measures 122. The basic objective of income restoration activities is that no project-affected person shall be worse off than before the project. Restoration of pre-project levels of income is an important part of rehabilitating individuals, households, and socioeconomic and cultural systems in affected communities. Income restoration schemes will be designed in consultation with affected persons so as to benefit them. Based on the information collected on IR activities from the census socioeconomic surveys, the implementing NGO will identify suitable IR programme for the affected persons. 9.2 Impact Categories and IR Schemes 123. Project-induced displacement may lead to loss or diminished income for Displaced Person (DPs). The main categories of impacts expected as a result of project land and property acquisition include: (a) Loss of agriculture land in part or full; (b) Loss of commercial establishments (c) Loss of livelihood as employees and (d) tenants losing their livelihood. However in this link tenants and employees losing livelihood is not present. Table 9-1: Categories for Income restoration Loss No. DPs/ DHs 1 Partial loss of agriculture 0 2 Loss of commercial structures 1 3 Loss of livelihood as employees 4 4 Tenants losing livelihood The economic rehabilitation assistance money will be deposited in bank accounts to be released only for the purchase of income generating assets. Womenheaded households will be assisted in identifying alternative space in adjacent areas for continuing their trade or vocations. These households will have to be given preference in disbursement of assistance. The SDRC will use its good offices with local authorities to facilitate early rehabilitation of these women-headed households. DPs losing their livelihood as employees will be provided only relief assistance. 9.3 IR Activities 125. There are two types of IR activities, i.e. short term and long term. Short-term IR activities mean restoring DPs income during periods immediately before and after relocation. For this, the support NGO shall ensure that: compensation and R&R assistance as provided in the entitlement matrix is provided. Other works include work in the project construction activities and other allied activities such as work on resettlement sites etc. Long term IR activities: include provision of shops for those losing their total livelihood, to re-establish their commercial activities. Shopping units with sq ft will be constructed if more than 20 shops are affected in a continuous stretch of two kms and opt for shop. It also includes purchase of income generating assets up to Rs. 75,000. In case the amount used is less than this, the beneficiary will get the remaining

66 46 amount after one year of successful completion of the activity, which will be monitored by the NGO The steps to be followed for income restoration include: 127. Step 1: Identification of Target Groups NGOs need to identify the affected persons; 128. Step 2: Identification of IR Activities - Prepare a list of possible and feasible income restoration options. While identifying IR options, the following factors shall also be considered: (i) Education level of DPs; (ii) Skill possession;(iii)likely economic activities in the post displacement period; (iv) Extent of land left; (v) Suitability of economic activity to supplement the income; (vi) Market potential and marketing facilities. Based on socioeconomic characteristics and options preferred by DPs, the NGO may have to re-assign trades to DPs. Options include (i) petty trade, and (ii) skill related schemes and loans for pumps, bore wells, bullock carts etc to increase productivity. The NGO will assist DPs in identifying appropriate alternative economic rehabilitation schemes through counselling and consultation Step 3: Training: Option for training for skill enhancement for those losing their livelihood has been provided in the Entitlement Matrix for owners losing commercial structure and employees losing their livelihood Step 4: Identification of Trainers / Training Institutes: Based on trades selected, NGO shall have to identify master trainer and/or training institute for different trades / activities who can provide on the job training Step 5: Training Arrangement: NGO shall make different groups of DPs as per trades selected and make all the arrangements such as fixing the venue etc Step 6: Monitoring of DPs: After training the NGO shall monitor the DPs in order to take mid-term correction measures, if required. 9.4 Reconstruction of affected community structures 133. The project authorities will replace and reconstruct all community assets before demolition. For shifting of community assets the NGO will (i) consult with the community along with the SDO and identify alternative land- the land identified has to be government land wherever possible, or given as donation in some cases; (ii) owner consent letter has to be signed by the donor /owner in the prescribed format prepared by the NGO (name, place, survey nos., site measurement) (iii) the reconstruction will be carried out by the local contractors; (iv) the KSHIP Assistant Executive Engineer of the division will be responsible for monitoring the work; and (v) the cost for the relocation and reconstruction will be paid by the project.

67 47 10 RESETTLEMENT BUDGET AND FINANCING 10.1 Budget and Costs 134. The costs used for the budget estimates are based on information collected during the census socioeconomic surveys of DPs. The estimated total budget for the implementation of RP is Rs million. This does not include Operating Costs, NGO and Monitoring Consultant Costs as these costs are for the overall project which has been estimated at Rs.20 million. The unit costs and detailed budget are given below: Table 10-1: Budget Sl. Category No. LAND ACQUISITION Total Unit Cost per Unit (Rs) Total cost(rs) 1 Agriculture land 0 1,000,000 0 Sub Total 0 ALTERNATIVE SITE COST 2 Residential site (owner) 0 30, Commercial site (owner) 0 50, Commercial site (squatter) 1 30,000 30,000 5 Residential site (squatter) 0 50,000 0 Sub Total 30,000 STRUCTURE COST 6 RCC - Pucca housing (Sq ft.) ,606,992 7 Dry stone masonary (Sq ft.) ,026 8 Mud mortar (Sq ft.) ,348 Sub total 4,950,366 R&R ASSISTANCE 9 EWS House construction(non Titleholder) 1 40,000 40, House construction (owners) 0 40, Shifting Allowance(Non titleholders) 1 10, Subsistence Allowance (Non titleholders) 1 15,000 10,000 15, Subsistence Allowance (Owners) 0 30, Additional assistance for land losers 0 20, Shifting Allowance(Titleholders) 0 10, Economic generating asset(owner/tenant) 7 75, , Economic generating asset (squatter) 1 30,000 30, Rental Value Commercial 7 9,000 63, Rental Value Residential 1 6,000 6, Relief Assistance 4 15,000 60, Training for DP 11 15, , Vulnerable groups 1 25,000 25,000

68 48 Sl. No. Category Total Unit Cost per Unit (Rs) Total cost(rs) 24 Cattleshed 0 15, Group Entitlement , ,300 Sub Total 1,356,300 Total 6,336,666 10% Contingency 633,666.6 OVERALL TOTAL 6,970,332.6 Table 10-2: Unit Costs for R&R Sl. No. Category Estimates (in Rs) 1 Agricultural Land per ha Rs.2,470,000 2 Non Agricultural Land per ha Rs.3,705,000 3 Pucca house 800 per sq. ft 4 Semi pucca house 600 per sq. ft 5 Kutcha house 350 per sq ft. 6 Construction cost for house in Resettlement site 40,000 per structure 7 EWS Housing 40,000 per unit 8 Training for DP for income generation schemes and 15,000 (Rs.5000 per month for 3 vocational training months) 9 NGO assistance for implementation 8,500, Evaluation Consultants 3,000, SDRC and associated staff training 1,500,000 lump sum 12 Group entitlements 15,000 per km Office equipment (including Rs. 500,000 each for 2,000,000 lump sum 13 setting up office of LAO in North and South Karnataka 14 Vehicle cost ( Rs.800,000 per vehicle) 8 vehicles 5,600, In accordance with the policy provisions, all grants and benefits shall be indexed annually at 10% on the first of April. These include subsistence allowance, shifting allowance, relief assistance, amounts for income generating asset, cost for the provision of sites to squatters and rental allowance. Table 10-3: R&R Unit Costs Sl. No. Category Proposed Amount 1 Purchase Commercial site for Rs.30,000 (10 x10 ) Urban Rs 15,000 Rural area squatters 2 Purchase Commercial site for Rs.50,000 (10 x15 ) Urban Rs 25,000 Rural area Titleholders 3 Purchase Residential site for Rs. 30,000 Urban Rs 20,000 Rural area squatter 4 Purchase Residential site for Rs. 70,000 Urban Rs 30,000 Rural area Titleholders 5 Shifting allowance for Titleholders Rs.10,000 as one time payment 6 Subsistence allowance for Rs. 30,000 Titleholders 7 Subsistence allowance for squatters Rs.15,000 as one time payment 8 Shifting assistance for squatters Rs.5,000 as one time payment 9 construction cost for Residential Rs.40,000 squatters 10 IGA assistance to commercial Rs.30,000 for income generating asset squatter 11 Shifting allowance for Bagar Hukum Rs.5,000 as onetime Payment

69 49 Sl. No. Category House holders 12 Subsistence allowance for those who are losing Bagar Hukum Lands 13 Additional assistance for those losing land 14 Income generating Grant for Title holder who loose entire land /Business 15 Rental allowance for commercial Tenant 16 Rental allowance for residential Tenant 17 Relief assistance for loss of employment of agriculture and Non agriculture. Proposed Amount Rs.15,000 as onetime payment Rs.20,000 as onetime payment. Rs.75,000 as onetime payment Rs. 1,500 for urban and Rs. 1,000 for rural per month for 6 months. Rs.1,000 for urban and Rs. 500 for rural per month for 6 months Rs.15,000 lump sum payment 18 Assistance to Vulnerable groups Rs. 25,000 lump sum payment In the R & R budget, allocation has not been made for replacement of affected community structures. Any community assets that are getting impacted and which need to be replaced or relocated, is being undertaken separately by PIU KSHIP field division offices.

70 50 11 GRIEVANCE REDRESSAL MECHANISM 11.1 Grievance Redressal Committee 136. The project will establish a Grievance Redressal process, with district-level committees. Each District Grievance Redressal Committee will have representation from the local affected population and the NGOs involved in RP implementation. These committees will hear complaints and facilitate solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce unnecessary litigation The following persons will constitute the District Level Grievance Redressal Cell: Deputy Commissioner Chairman Academician (To be selected by DC) Member Representative of DP (To be selected by DC) Member Executive Engineer of Concerned Division Convener 138. The main functions of the GRC will be: a. to provide support to DPs on problems arising out of eligibility for RP-provided entitlements and assistance provided; b. to record the grievances of the DPs, and categorize, prioritize and solve them within one month; c. to inform PIU of serious cases within one week; and d. to report to the aggrieved parties about the developments regarding their grievance and decisions of the PIU, within one month The Grievance Committees will meet regularly during implementation of the RP, at least once a month. The committees will suggest corrective measures at the field level itself and fix responsibilities for implementation of its decisions. However the NGOs will form the first level of intervention in resolving DP related grievances and attempt to motivate the DP to facilitate implementation of the R&R program. The option of contacting the project authorities is available to DPs at any time. The Deputy Commissioner will be the Appellate Authority. The steps in the GRC are: a. At the first level intervention the NGO will attempt to resolve the grievance; b. Next the CAO will attempt to address land related grievance and the ADSW will address the non-land related grievances; c. The third step will be to approach the Grievance Redressal Committee; d. Next they can Approach the Regional Commissioner who is the Appellate Authority; e. If all the above fails, the DPs can approach the court It is the responsibility of the SDRC/NGO to inform the affected persons of the GRC, to make it effective. The NGO shall make DPs aware of the grievance mechanism set out in the RP and shall assist PDPs who have grievances to pursue a suitable remedy. The NGO shall help the DPs to file a grievance application The NGO shall record the grievance and bring the same to the notice of the Grievance Redressal Committees (GRC) within seven days of receipt of the grievance

71 51 from the DPs. It shall submit a draft resolution with respect to the particular grievance of the DP, suggesting solutions, if possible, and deliberate on the same in the GRC meeting through the NGO representative in the GRC The NGO shall assist in the GRC process whenever necessary. Figure 11-1: Grievance Redressal

72 Institutional Arrangements 12 INSTITUTIONAL MECHANISMS 143. KSHIP has a dedicated unit called the Social Development and Resettlement Cell (SDRC) within the Project Implementation Unit for the implementation of the RP. All aspects of resettlement and rehabilitation and the delivery of entitlements are managed by Social Development/Resettlement Cell (SDRC) Social Development and Resettlement Cell (SDRC) 144. The SDRC facilitates land acquisition and compensation, relocation and resettlement, distribution of assistance for the DPs. The SDRC is responsible for monitoring the implementation of all resettlement and rehabilitation activities, including land acquisition. The responsibilities of SDRC include: i. responsible for all land acquisition activities; ii. liaison with State and District levels Departments to facilitate DP access and take advantage of services and programs already in place; iii. evolve mechanisms for coordinating the delivery of the compensation and assistance to entitled persons; iv. review and provide social development perspectives and inputs to on-going project design and implementation by working closely with project planners, contractors, and construction supervision consultants; v. link the project with state government agencies, provide liaison with PWD field units and impacted communities, coordinate with district-level committees regarding social development and resettlement operations in the field, mobilize assisting NGO partners, and support the organisation of local community representing DPs; and vi. engage required training services, oversee a grievance redressal process, actively monitor RP implementation, and cooperate with planned project evaluations SDRC and Staff Deployment 145. The RP will be implemented by the North Karnataka (Hospet) division of PIU; Staffing is complete for the proposed institutional set up. The institutional setup is given in Figure The key SDRC officials are: 146. Special DC Land Acquisition - Special Deputy Commissioner in the cadre of KAS will be the in charge of the overall land acquisition. He will be assisted by two Assistant Commissioners for Land Acquisition who is responsible for all activities related to land acquisition. One Assistant Commissioner will be stationed in the zonal office of North Karnataka(Hospet) and the other one would be stationed at PIU Office (South Zonal Office) in Bangalore Chief Administrative Officer The CAO in the cadre of KAS will be responsible for all resettlement and rehabilitation activities. The CAO will also be assisted by The Assistant Director Social Welfare (ADSW) who will be responsible for R&R work. On the

73 53 land acquisition side CAO and the Assistant Commissioners will be responsible for fixing the negotiated price of the land along with the affected persons according to the Karnataka Highways Act, 1964, and disbursing the compensation The Assistant Director Social Welfare (ADSW) is responsible for shifting of project affected persons, coordination of disbursement of assistance such as shifting allowance etc., disbursement of funds for income generating programmes, relief assistance, etc. The ADSW needs to have relevant experience of at least five years in resettlement projects, with a minimum educational qualification of Masters in Social Science The R&R Manager will assist the ADSW and coordinate all the rehabilitation work of the SDO s. The R&R Manager has to have experience in resettlement projects with minimum experience of three years, with a minimum educational qualification of Masters Degree in Social Sciences The ADSW and the R&R Manager will be assisted by the Social Development Officer (SDO). It is suggested that four SDOs be stationed in the Assistant Commissioners Office to be located on North zone and PIU South in Bangalore (already appointed). The responsibility of SDO includes: support to resettlement and rehabilitation related work pertaining to RP implementation, like issue and the verification of ID cards, identification of local income generation potential, monitoring rehabilitation works, providing assistance to vulnerable groups, coordinating with NGOs etc. The SDO has to have a Masters degree in Social Sciences The SDOs will be assisted by the Social Welfare Inspectors (SWI). The SWIs are supporting staff to SDOs to carry out the functions as per the directions of SDOs The SDRC will have a Data Management Specialist. The responsibility of this person will be to monitor and update the data of all the project affected persons; to highlight any discrepancy in compensation and paid disbursed; and coordinate the inputs of information from the North and South Divisions to the Central database at PIU at Bangalore. The Data Management Specialist is to be supported by additional staff. The PIU has already appointed the Consultants for database management. Information is ready to be transferred to the PIU for use in implementation.

74 54 Figure 12.1: Institutional Set up CHIEF PROJECT OFFICER PROJECT DIRECTOR CAO (SPECIAL DC) AT PIU HQsc SPECIAL DC(LA) AC-LAO-GRP I NORTH KARNATAKA (Office at Dharwad - tentatively DEPUTY TAHSILDAR AC-LAO-GRP I SOUTH KARNATAKA AT HQ s DEPUTY TAHSILDAR ASSISTANT DIRECTOR (SOCIAL WELFARE) R &R MANAGER FIRST DIV ASSISTANT REVENUE INSPECTOR (4) SURVEYOR (4) COMPUTER OPERATOR/STENO 1 FIRST DIV ASSISTANT (2) REVENUE INSPECTOR (4) SURVEYOR (4) COMPUTER OPERATOR/STENO 2 SOCIAL DEVELOPMENT OFFICER (1) PIU SDO - NORTH KARNATAKA (2) SDO - SOUTH KARNATAKA (2) GROUP D (4) VEHICLE 1 GROUP D (4) VEHICLE 1 DRIVER 1 SOCIAL WELFARE INSPECTOR (1) SOCIAL WELFARE INSPECTOR (6) SOCIAL WELFARE INSPECTOR (6) COMPUTER OPERATOR 1; STENO 1 MONITORING CONSULTANTS DBMS SPECIALIST NGO NORTH NGO SOUTH VEHICLE 4, DRIVER 4 GROUP D (2) 153.

75 Protection of RoW 154. Section 5 of the KHA mentions the Highway Authority will exercise power and discharge duties in accordance with provisions of the KHA for restriction of ribbon development along the highways and for prevention and removal of encroachments. The Highway Authority under Section 7 has power to fix boundary of building and control lines of highways. Section 21 mentions prevention of unauthorized occupation of highway. Thus the onus of protecting the COI/RoW lies with the Project Authority. Once the COI/RoW has been identified and frozen, the COI/RoW has to be clearly marked with boundary stones. Any new encroachment into the area will be monitored the Division PWD, this has to be done through bi-monthly site inspection by the Divisional Engineer in charge. Those Non-titleholders already identified by the project will be provided by Identity Cards issued by the PIU. The bi-monthly site inspection will help to prevent further encroachments Valuation of other structures/assets 155. The valuation of structures and other assets, which have not been covered by the LAPs will be carried out by Government approved valuators appointed by the PIU. Valuation will be done on the basis of current PWD Schedule of Rates, without depreciation. Based on the valuation another 30 % will be given. However, this will be approved and verified by the concerned Executive Engineer. It will be forwarded to the PD for approval. Trees will be valued by the Horticulture/Forest department Roles and responsibilities of officials for RP implementation 156. The Administrative roles and responsibilities and financial powers - existing and to be delegated of the SDRC officials are given below. Delegations of financial powers have to done through a Government Order. Table 12-1: Administrative and Financial Responsibilities of officials and Agencies for RP Implementation Personnel/ Administrative Roles and Responsibilities Financial Powers Agency PIU Chief Project Officer In charge of the overall project activities. To decide on all policy matters regarding LA and R&R. Participate as a member secretary in the State level Committees to facilitate land acquisition, pre-construction activities, and implementation of R&R activities. Authorized to take decision in financial matters within the provided budget. Will be authorized to make any additional changes without having to refer to the Steering committee, provided the amount is within the budget

76 56 SDRC Personnel/ Agency Project Director Chief Administrative Officer Assistant Director Welfare Social Administrative Roles and Responsibilities Overall in charge of day to day activities of LA and R&R. Participate in State and District level meetings to facilitate LA and R&R activities. Responsible for contracting NGOs and Monitoring consultants. Periodic appraisal of progress and reporting to the Asian Development Bank and the Government on monthly basis. Responsible for all R&R activities Coordinate the implementation of R&R activities with PIU, field staff, engineering and revenue officials. Approve of micro plans prepared by the NGOs for implementing RP. Monitor the progress of R&R activities and LA carried out by the NGO and Monitoring Consultants. Hold periodic meetings on R&R implementation and report to the PD and CPO. Provide advisory support to PIU for monitoring of RP implementation. Assist CAO in the implementation of R&R activities. Coordinate training for PIU and NGOs for capacity building to implement R&R. Facilitate development of resettlement sites and agriculture land. Participate in the allotment of residential and commercial plots to the DPs. Liaison with district administration and line departments for dovetailing government schemes for income generating activities to DPs. Participate in the meetings of Grievance Redressal Committee. Manager R&R Coordinate implementation of R&R activities with PIU and field staff. Facilitate the appointment of external agency for monitoring activities to be taken up by the implementing NGO. Assist CAO to perform R&R activities. Review the work in finalization of resettlement site development. Prepare monthly progress report for the SDRC and Land Acquisition. Monitor the R&R report and submit to CAO and PD. Financial Powers To approve awards above Rs.50 lakhs to Rs. One Crore. To approve of R&R assistance above One lakh. To approve payments for R&R assistance up to Rs. One lakh per individual. No financial powers No financial powers

77 57 LAND ACQUI SITIO N FIELD UNIT Personnel/ Agency Special DC Land Acquisition Assistant Commissioner- LAO Tahsildar Executive Engineer Assistant Executive Engineer Social Development Officer Administrative Roles and Responsibilities Coordinate Land acquisition process with Tahsildar at field. Prepare guidelines and procedures to be adopted for land acquisition. Interact with District officials and other stakeholders to speed up the land acquisition process. Monitor land acquisition and report progress to CPO and PD. Assist CAO and Sp. DC LA to perform R&R and Land Acquisition activities. Make budgetary provisions Overall responsible for land acquisition as land acquisition officer. Coordinate the preparation of Land Plan Schedules with Consultants and monitor the same. Facilitate the preparation and submission of Section 15 notification under KHA for land acquisition. Prepare progress report on physical and financial monitoring of LA and submit to DC LA. Participate in District level meetings. Oversee the process of implementation of RP in the field. Ensure the preconstruction work is done before handing over site to contractor. Oversee the process of land acquisition, shifting of CPRs and other assets in the field. Scrutinize and certify the structures valuation report submitted by the valuators. Coordinate selection of resettlement site. Conduct periodic review with staff Submit monthly progress reports to PD on R&R activities. Responsible for pre construction work in his jurisdiction. Finalization and demarcation of COI. Coordinate with NGO/Monitoring consultants and SDO to carry out R&R activities. Coordinate with valuers for preparations of estimates. Support SDO/NGO for selection of resettlement site. Overall responsible for R&R activities in the field Liaison with District administration and line departments for dovetailing government schemes. Make budget provision for R&R activities Financial Powers To approve awards up to Rs.50 lakhs, No powers No powers No powers No powers financial financial financial financial No financial powers

78 58 DATA BASE EXTE RNAL AGEN CIES Personnel/ Agency Social Welfare Inspectors Data Management Specialist NGO (2) Administrative Roles and Responsibilities Participate in allotment of sites to DPs. Coordinate with NGO/Monitoring consultants for implementation of R&R. Facilitate opening of Joint Accounts for DPs for transfer of R&R assistance through cheque. Coordinate to disseminate the R&R policy in local language. Facilitate public consultation on R&R Policy with NGO/ Revenue/ PWD officials. Organize meetings with NGOs to review progress at district level and submit to R&R Manager and CAO at PIU. Responsible for maintaining the R&R work at division wise. Assist NGO for selection of resettlement site. Assist Monitoring Consultants /NGO to conduct training for DP on IGA Coordinate with SDO/EE at field level for disbursement of R&R assistance. Ensure all eligible DPs are awarded compensation. Attend monthly meeting at district level and submit monthly progress report to R&R Manager and ADSW. Responsible for maintaining the database of the DPs. Responsible for maintaining the database of overall physical and financial progress. Coordination of the database for SDRC. The implementation of R&R activities by NGOs to be maintained. Provide necessary formats for collection of field information. Coordinate with SDRC to prepare and maintain the progress report. Maintain the records of grievance redressal committee. Coordinate the inputs of data from North and South Divisions. Identify discrepancies in disbursement. Responsible for providing PIU support for implementation of RP. Verification of DPs. Distribution of ID cards. Preparation of micro plans. Dissemination of information. Assist to DPs to avail R&R assistance and compensation. Identify site for relocation for CPRs. Identify resettlement /vendor market sites. Identify training needs and provide the Financial Powers No financial powers No financial powers No financial powers

79 59 Personnel/ Agency Monitoring Consultants Grievance Redressal Committee. Negotiation Committee Administrative Roles and Responsibilities same. Facilitate in opening joint accounts. Enable DPs to identify alternate sites for house/shop Assist DPs to relocate. Provide monthly progress reports on implementation Conduct monitoring of RP implementation activities. Conduct internal, external and concurrent monitoring. Provide early alert to PIU to redress any potential problems. Monitor target achievements and slippages. Certification of readiness from LA and R&R view at the time of issuing bid documents and award of contract. Support DPs in resolving issues related to R&R and LA. Record grievance and resolve them within stipulated time. Inform PIU about any serious cases. Report to the aggrieved parties about the decisions of the PIU. Financial Powers No financial powers No financial powers Negotiate the consent price of land No financial powers 12.7 Competent Authority for various Approval 157. The table below identifies the competent Authority for various approvals during implementation. Table 12-2: Competent Authority for Approvals Approvals Required Approval for LA awards Approval for Roles and Responsibilities for SDRC officials and staff R&R Policy/ Entitlements and amendments to Policy RP and Budget Changes in R&R Policy/RP implementation and entitlements Consultants/NGOs output Fixing compensation rate Approval for issue of ID cards Approval of disbursement of Assistance Approval for structure valuation with land Approval for structure valuation without land Approval for shifting and relocation of community assets Competent Authority Special DC LA and PD, PIU; Notification by Government Steering Committee Government Steering Committee Government CAO Price Negotiation Committee District level CAO PIU jointly by Engineers/ Revenue /NGO. CAO; PD Preparation By Divisional EE/ valuators and approval by PD and Special DC LA Preparation By Divisional EE/ valuators and approval PD Estimate preparation by Divisional EE and approval by PD

80 60 Approvals Required Approval for requirement of Resettlement site, vendor market for AHs Approval for any grievance related to R&R Competent Authority CAO, PD Grievance Redressal Committee 12.8 Implementation support by NGOs 158. The work of the NGO will include consultations and counseling of DPs, encouraging DPs for productive utilization of compensation and rehabilitation grants, facilitating DP access to income generating assets, increasing the social acceptability, ensuring effectiveness of training programs organized for DPs electing participation in self employment schemes etc., The SDRC has to ensure that the NGO has sufficient experience in implementation of resettlement project, especially in Karnataka and it has to have adequate manpower. Two NGOs will be hired, one for North Karnataka and one for South Karnataka The NGO will work as a link between the PIU - SDR Cell and the affected community. They will educate the DPs on the need to implement the Project, on aspects relating to LA and R&R measures and ensures proper utilization of various compensations extended to the DPs under the R&R entitlement package. The tasks of the NGO will be to facilitate the resettlement process. Its broad objectives will be: 1. Identification, verification and updating of DP Census, Includes verification of properties of DPs and estimation of their type and level of losses for the preparation micro plans and ID Cards. 2. Develop micro plans in consultation with the DPs and PIU staff.. 3. Educate DPs on their rights, entitlements, and obligations under the RP; Assist the DPs to identify suitable alternate land for resettlement purposes; 4. Preparation and Distribution of Entitlement cum Identity Card. All eligible project displaced households will be issued Identity Cards, giving details of the type of losses and type of entitlements. 5. Ensure that DPs receive their full entitlements; Where options are available, the NGO will provide advice to DPs on benefits of each option; Assist the DPs in getting benefits from various government development programs; 6. Rehabilitation of Affected Households and restoration of Income and Livelihood. The NGO will help the communities derive maximum benefits out of the project without loosing their livelihoods and the least impact on socio-cultural aspects of their lives. 7. Assist DPs on grievance redressal through the established system; and 8. Will relocate DPs. Assist PIU in making arrangements for the smooth relocation of the DPs; No Physical relocation from agriculture land, residential units, commercial establishments or other immovable properties will begin before alternate arrangements are made. 9. Any other responsibility that may be assigned by the PIU for the welfare of the affected communities In order to carry out the above tasks, NGO staff will be stationed in the site offices. Besides contacting the DPs on an individual basis to regularly update the baseline information, group meetings and village-level meetings will be conducted by the support agency on a regular basis. The frequencies of such meetings will depend on the

81 61 requirements of the DPs but should occur at least once a month. The support agency will have to encourage participation of individual DPs in such meeting by discussing their problems regarding LA, R&R and other aspects relating to their socioeconomic lives. Such participation will make it easier to find a solution acceptable to all involved 12.9 Database Management 161. A census database has been created by the consultants. This database will be transferred to the SDRC, for upgrading and further use. The main purpose of the database and use will be to (i) track progress of R&R implementation (ii) for determining the entitlements to be paid; (iii) track pending entitlements and amounts; (iv)organizing outputs for periodical reports and other project requirements; and (v) establishing input formats. The Database consultants will be responsible for (i) modifying the input/ output formats to the project requirements;(ii) Training of SDRC staff and other field level staff; (iii) aid the NGO in finalizing the entitlements of each DPs and DHs; (iv) provide for decision making at the PIU; and (v) monitor and regulate the land acquisition, distribution of compensation and assistance, grievance redressal and financial progress. In which the SDRC will hire database management consultants for the management, monitoring and updating of the data. The database consultants will need to depute data entry operators in the offices of the Assistant Commissioner. The data in the HQ will be updated based on the information sent by the division office. The database will be developed to suit the requirements of implementation and monitoring payments. The database information will be made web enabled (based on consultation with SDRC).

82 62 13 IMPLEMENTATION SCHEDULE 13.1 Coordination with civil works and certification 162. The resettlement program will be coordinated with the timing of civil works. The required coordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared COI sections to project contractors. The Project will provide adequate notification, counseling and assistance to affected people so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation. The implementation schedule provides the key benchmarks of implementing the RP. All other activities related to implementation and land acquisition will be undertaken simultaneously Actions to be completed before prior to bid and award of contract include: (i) Resettlement Plan should have been approved by the GoK and Bank for respective roads; (ii) the RP should have been disclosed in the web site and other public places accessible to the local people; (iii) the first notification for private land acquisition should have been issued; and (iv) the issue of identity cards to eligible project affected households should have been completed. The actions to be completed prior to handing over of the first milestone stretches to the contractor includes: (i) The private land acquisition should have been completed and compensation offered to the land owners for Section 1; (ii) The Government land should have been transferred or no objection should have been obtained from the land owning agency for Section 1; (iii) The community assets should have been replaced in Section 1; and (iv) the remaining land acquisition, R&R assistance, and relocation of community assets for second milestone should be completed within 6 months of award of contract and prior to handing of the site to the contractor It is the responsibility of the PIU to ensure that the RP is successfully implemented in a timely manner. The implementation schedule needs to be updated periodically and monitored judiciously. The completion of R&R activities will be certified by the monitoring and evaluation consultants. Resettlement and rehabilitation is complete only when the following criteria are met: a. All legal compensation both for land and structure must be paid; b. 100% must have received compensation; c. All eligible DPs must have alternative house and economic rehabilitation must be complete; d. At least 80% of all eligible DPs must have started their new economic activity; e. All project affected common property resources must be replaced and reestablished. f. Implementation of the remedial measures arising out of impact evaluations must be complete.

83 Implementation Schedule and Timing of Resettlement 165. During project implementation, the resettlement program will be cocoordinated with the timing of civil works. The required coordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared COI sections to project contractors. The project will provide adequate notification, counseling and assistance to affected people so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation. This provides the key benchmarks of implementing the RP. All other activities related to implementation and land acquisition will be undertaken simultaneously. After signing of contract the contractor will start his works in Section I, followed by Section II The proposed consideration of time to be taken for Land Acquisition under the KHA, after the issue of Section 15 notification is 6 months The time taken for the implementation for the RP will be two years. Resettlement planning and updating of studies will be a continuous process throughout the project. The PIU will coordinate these efforts to assure that RP implementation and phasing is appropriately sequenced with designs and civil works The resettlement process must be completed before the start of civil works. PIU has clear the COI and resettle DPs located within the COI, before the civil work starts on any section of the project road. DPs will be given at least three months notice to vacate their property before civil works starts. The civil works schedule needs to be dovetailed into the land acquisition and resettlement implementation schedule. The LA and R & R implementation schedule is given below: Table 13-1: R&R Implementation Schedule Activity Progress (Year/Quarter) Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Project Preparation Stage Screen project impact Public Consultation on alignment Prepare Land Acquisition Plan Carry out Census Survey Prepare Resettlement Plan (RP) RP Implementation Stage Hiring of NGOs for RP Implementation Obtaining approval of RP from ADB Disclosure of RP Public consultation Preparation LAP Declaration of cut-off date (KHA Notification) Payment of compensation Taking possession of acquired land Handing over the acquired land to contractor Rehabilitation of DPs Monitoring and Reporting Period Internal monitoring and reporting External monitoring and reporting

84 Capacity Building and Training 169. The capacity building and training of the PIU/SDRC is important for successful and timely implementation of RP. To enhance capabilities, the SDRC staff will be given in house training periodically (once in six months at least). All SDRC officers and staff have to attend training programmes. Training will cover techniques in conducting participatory rural appraisal for micro-planning, conducting census socioeconomic surveys, dissemination of information, community consultation and progress monitoring and evaluation. In house training will be carried out by professional identified by the PIU. Local institutes such as the Indian Institute of Management, Institute for Social and Economic Change and private consultants can be identified for training. Table 13-2: In house Training programme Staff Training Module PIU CAO; DC LA; ADSW; R&R Manager; SDO; SWI R&R Policy, National State, Asian Development Banks; Socioeconomic and Census Survey ; Checklist for R&R; Implementation Schedule ; Training Needs Assessment; Monitoring indicators; Dissemination of information; Preparation of RP, LAP, Disbursement method, and disclosure of documents; and Best practices of other R&R projects FIELD EE; AEE; Revenue Measurement of structures; Valuation procedures; Resettlement site selection; Minimizing resettlement; preparation of LAPs, and disbursement method; and Shifting of CPRs EXTERNAL NGOs; Monitoring Consultants Government schemes; Disbursement methods; public consultation; income generating activities.

85 65 14 MONITORING AND REPORTING 14.1 Monitoring 170. Monitoring involves periodic checking to ascertain whether activities are going according to the plan. It provides the feedback necessary for project management to keep the programmes on schedule. Monitoring provides both working system for project managers and a channel for the resettles to make known their needs and their reactions to resettlement execution. Monitoring exercise will be undertaken both internally and externally While SDRC/PIU on monthly basis will carry out the project s internal monitoring and external agency will be appointed for third party monitoring. Indicators, which will be monitored during the project, may be divided into two categories. Process and output indicators or internal monitoring Outcome/impact indicators or external monitoring 172. Monitoring is essentially an exercise in strategic learning that can and should be used for enhancing the quality of RP implementation. There are two types of monitoring being undertaken namely (a) Internal, which is normally carried out by the project authority itself and (b) external or independent monitoring by an external agency Internal monitoring 173. The internal monitoring is a conventional monitoring of government related to physical factors such as, number of households affected, resettled, assistance extended infrastructure facilities provided, etc. and other financial aspects, such as compensation paid, grant extended, etc. the internal monitoring must be simultaneous with the implementation of the Rehabilitation Plan (RP) The objectives of the internal monitoring are: (i) Daily Operations Planning; (ii) Management and Implementation and (iii) Operational Trouble shooting and Feedback. The periodicity of internal monitoring could be daily or weekly depending on the issues and level External monitoring 175. An external monitoring agency will be appointed to monitor R&R programmes on semi -annual basis. It should also bring the difficulties faced by the DPs to the notice of PIU so as to help in formulating corrective measures. As a feedback to the PIU and other concerned, the external agency should submit semi-annual report on progress made relating to different aspect of R&R. The reports will be disclosed on ADBs website. The agency will also certify the completion of LA and R&R activities for issuing bid documents and award from LA and R&R point of view The objectives of the external monitoring are: To track resettled and host population over time in order to document the restoration of incomes and standard of living. Determine remedial action if required.

86 66 If income and standard of living of the DPs has at least been restored and has not declined. In case of host population, whether income and standard of living of host population have not declined due to influence of resettlers. Whether resettlers and host population has re-integrated with each other. Table 14-1: Monitoring Indicators for Physical Progress Sl. No. Monitoring Indicators for Physical Progress Implementation Target (Nos) Revised Implementation Target Progress This Month Cumulative Progress % against Revised Implementation Target Land Acquiredprivate Land transferred Government Compensatio n for loss of Commercial structure to title holder. Shifting assistance to Title holder for commercial Subsistence allowance for commercial structures for titleholder. Alternative shop/or IGA for commercial structure (owner) Commercial tenants to be paid rental allowance Shifting assistance for tenants Income generating Assets for Commercial tenants. Commercial Structure for squatters Shifting allowance for commercial squatters

87 67 Sl. No Monitoring Indicators for Physical Progress Commercial squatter for shop or IGA Subsistence allowance for commercial squatters Vulnerable groups Implementation Target (Nos) Cattle Shed 0 Revised Implementation Target Table 14-2: Financial Indicators for Progress Sl. No. Monitoring Indicators for Physical Progress Implementa tion Target Progress This Month Unit Cost 1 Land Acquired- private 0 Rs. 2,470, per ha. 2 Land transferred Government Allowance for those losing land 0 20, Commercial site (owner) 0 50,000 5 Pucca housing (Area in Sq ft.) Semi Pucca (Area in Sq ft.) Kutcha (Area in Sq ft.) Commercial site (squatter) 1 30,000 9 EWS House construction(non Titleholder) 0 40, House construction (owners) 0 40, Shifting Allowance(Non titleholders) 1 10, Subsistence Allowance (Non 1 titleholders) 11, Subsistence Allowance (Owners) 0 30, Shifting Allowance(Titleholders) 0 10, Economic generating asset(owner/tenant) 7 75, Economic generating asset (squatter) 1 30, Rental Value for Commercial tenant. 7 9, Rental Value for Residential 1 tenant. 6, Training for DP 7 15, Vulnerable groups 1 25, Group Entitlement (kms) ,000 Cumulative Progress Total Cost (in Rs.) % against Revised Implementation Target Progress This Month

88 68 Table 14-3: Monitoring Of GRC Sl. No. Particulars 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1 No. of cases referred to GRC 2 No. of cases settled by GRC 3 No. of cases pending with GRC 4 Average time taken for settlement of cases 5 No. of GRC meetings 6 Number of DPs moved to court 7 No. of pending cases with the court 8 No. of cases settled by the court 9 No. of GRC meetings

89 Annex 1: Typical Road Cross Section 69

90 70

91 71

92 72

93 73 Annex 2: Details of Community Assets Total Affected Sl. Typeof Other Owner Chainage Side Village Structure Structure No. Asset Asset Type (Sq.m) (Sq.m) RHS Padubidri Others Bore Hole Panchayat LHS Bus Padubidri Panchayat Stand RHS Kanchinadka Others Bore Hole Panchayat RHS Kanchinadka Bus Panchayat RHS RHS RHS RHS RHS RHS RHS RHS RHS 5.94 RHS RHS RHS Kanchinadka Nandikoor Nandikoor Nandikoor Nandikoor Nandikoor Nandikoor Adave Adave Adave Kanjarkatte Kanjarkatte Stand Hand Pump Others Others Hand Pump Others Aralikatte Bus Stand Bus Stand Bus Stand Bus Stand Aralikatte Bus Stand Pump House & Bore Hole Pump House & Bore Hole Compound Wall Panchayat Panchayat Panchayat Panchayat Panchayat Public Trust Panchayat Panchayat Panchayat Panchayat Public Trust Panchayat RHS Public Kanjarkatte Aralikatte Trust LHS Santhur Koppa Others Bore Hole Panchayat LHS Bus Santhur Koppa Panchayat Stand LHS Bus Belman Panchayat Stand LHS Bus Belman Panchayat Stand LHS LHS RHS RHS LHS Belman Belman Belman Belman Belman Aralikatte Aralikatte Aralikatte Aralikatte Aralikatte Public Trust Public Trust Public Trust Public Trust Public Trust LHS Bus Belman Panchayat Stand LHS Belman Bus Panchayat

94 74 Sl. No. Chainage Side Village Typeof Asset Other Asset Owner Type Total Structure (Sq.m) Affected Structure (Sq.m) Stand LHS Bus Belman Panchayat Stand RHS Hand Kedhenji Panchayat Pump LHS Kedhenji Others Bore Hole Panchayat LHS Bus Kedhenji Panchayat Stand RHS Bus Kedhenji Panchayat Stand RHS Bus Kedhenji Panchayat Stand LHS Bus Mavinakatte Panchayat Stand LHS Bus Nitte Panchayat Stand RHS Bus Nitte Panchayat Stand RHS Bus Nitte Panchayat Stand RHS Bus Nitte Panchayat Stand RHS Bus Nitte Panchayat Stand LHS Dhupadhakatte Bus Panchayat Stand RHS RHS RHS Karkala Karkala Karkala Others Bus Stand Bus Stand Pump House & Bore Hole Panchayat Panchayat Panchayat

95 75 Annex 3: Census and Community Asset Survey Schedules Census Survey Schedules ASSET INFORMATION PART 1 Q.No. Name of the Investigator: Date: 1.0 GENERAL IDENTIFICATION 1.1 Corridor Name 1.2 Corridor No 1.3 Link Name 1.4 Link No 1.5 Chainage 1.6 Side (LHS/RHS) 1.7 i) District ii) Taluk iii) Village/Town 1.8 Name of the owner 1.9 Name of the Respondent 1.10 Type of likely loss 1. Residential 2. Commercial 3. Residential cum Commercial 4. Office 5. Cattle Shed 6. Agricultural land 7. Farm House 8. Boundary Walls 9. Water bodies 10. Institutions 11. Livelihood / Income 12. Others (sp.) Location: 1.Rural 2.Semi Urban 3.Town 4.City 5. Industrial

96 STRUCTURE IDENTIFICATION 2.1 Sl. No. of the Structure : 2.2 Address of the Structure : 2.3 Status of Occupier (Tick in the appropriate box) Owner Legal Tenant Non-title holders Vacant Squatte r Encroacher 2.4 Ownership (Tick under appropriate type and enter the no. of households under the same) Private Governmen t Trust Communit y Type of ownership 2.5 Do you have legal document of Structure 1. Yes 2. No RTC No. Sub No. No. Agricultural land 1. Yes 2. No RTC No. Sub (to be asked only to the owner) (If yes, ask for the legal document and check it with the Village Accountant) 3.0 PROOF OF RESIDENCE 3.1 Do you own a ration card? 1. Yes 2. No Green Red Yellow (Please verify the category of card: APL/BPL/ Others ) 3.2 If yes, Card No. 3.3 If Yes, since how long (only year)

97 TYPE OF CONSTRUCTION 4.1 MEASUREMENT OF THE STRUCTURE (In Sq.m) OFFSET FROM EXISTING CENTRAL LINE OFFSET FROM EDGE OF ASSET UP TO AREA GETTING AFFECTED Starting Metre Ending Metre Width Total Area (in sq. m) LAND STRUCTURE LAND STRUCTURE 4.2 STRUCTURE DETAILS Plinth Area Sl.No Type of structure Length Width 1 Type A (With RCC roof/ Stone/Brick work in Cement Mortar and plastered with cement mortar, Class II woodwork with fixtures, Mosaic/Polished slab flooring with water supply, sanitary and electrical works. 2 Type B (With RCC roof, Stone/Brick work in Cement Mortar and plastered with cement mortar/ Class II wood work with fixtures, cement concrete flooring with water supply, sanitary and electrical works. 3 Type C with Mangalore tile roof, Stone/Country Brick work in Cement Mortar and plastered with cement mortar, ordinary woodwork fixtures. Flooring..(specify) with water supply sanitary and electrical work. 4 Type D with AC/GI sheet roof, Stone/Country Brick work in Mud Mortar and plastered with Cement Mortar, ordinary wood work fixtures flooring.(specify) with water supply sanitary and electrical work. Type E with Stone/Country Brick/Mud 5 walls ordinary slab flooring with ordinary wood work doors, roofing Total Area being affected (in Sq.m)

98 78 Plinth Area Sl.No Type of structure Length Width with slab/sheets 6 Type F with stone slab/gi sheet for walls with Mud flooring, Thatched roof 7 Type G with Tatti walls with thatched roof mud flooring 8 Type I Wooden Box 9 Type J only Basement 10 Type K Up to lintel level Total Area being affected (in Sq.m) 4.3 SITE MEASUREMENT Sl. No. 1 Built up area 2 Open Space 3 Total Area Area Length Width Total Area (in Sq. m) 4.4 BOUNDARY WALL DETAILS Sl. No. Boundary/Compound wall 1 Barbed wire fencing 2 Stone Masonry 3 Brick/Stone Masonry 4 Mud Wall 5 Others (Specify) Length Width Total Area (in Sq. m) 4.5 GATE DETAILS Sl. No. 1 M.S 2 Wooden 3 Others 15 Type of Gate Length (in m) Height (in m) 4.6 Diagram of the Structure (Rough diagram with dimension Not to Scale) 4.7 No. of Floors Ground Ground+1 Others Total Floor Area (all floors) (Sq. m) 4.8 DETAILS OF STRUCTURE IN ROW Give the following details

99 79 Sl.No. TYPE OF STRUCTURES IN ROW* * 1. Pucca 2. Semi-Pucca 3. Kutcha 5.0 WATER SOURCES GETTING AFFECTED Sources (in No.) User (use code)* Units to be acquired Dug Wells Tube Wells LI Points *[1. Domestic 2. Agriculture 3. Industrial 4. Others (to be specified)] 6.0 TREES COMING WITHIN LAND AREA TO BE ACQUIRED Species - Type Fruit bearing Fodder Fuel wood Trees to be acquired (In nos.) 177. (PHOTOGRAPH TO BE ATTACHED STRUCTURE ALONG WITH HEAD OF HOUSEHOLD/ RESPONDENT)

100 HOUSEHOLD IDENTIFICATION PART II HOUSE HOLD SCHEDULE (FOR OWNERS, SQUATTERS, ENCROACHERS) 1.1 Name of the head of the HH: 1.2 Name of the Respondent: 2.0 SOCIAL GROUP PARTICULARS 2.1 Religious Group 1. Hindu 2. Muslim 3. Sikh 4. Christian 5. Jain 6.Others (specify) 2.2 Social Stratification: 1.SC 2.ST 3.Others (General) 2.3 Caste 3.0 Indebtedness Please indicate your borrowings during last one year Source Bank Private Money Lender Friends/Relatives Others (Specify) Reason for Borrowing Amount Borrowed (in Rs.) 4.0 DETAILS OF HOUSEHOLD ASSETS OWNED Do you own any of the following? 1. Colour TV 1.Yes 2. No. 2. Refrigerator 1.Yes 2. No Wheeler/4-Wheeler 1.Yes 2. No. 4. Cooking gas (LPG) 1.Yes 2. No. 5.Telephone 1.Yes 2. No.

101 DETAILS OF AGRICULTURAL EQUIPMENTS OWNED Do you own any of the following? 1. Tractor 1.Yes 2. No. 2. Bullock carts 1.Yes 2. No. 3. Harversters 1.Yes 2. No. 4. Sprayer 1.Yes 2. No. 5. Others (Specify) 1.Yes 2. No. 6.0 DETAILS OF HOUSEHOLD MEMBER(S) WITH DISABILITY Sl.No. Name of the household member Sex Age Nature of Disability

102 HOUSEHOLD PARTICULARS 7.1 Kindly provide the following details. Sl. No. 1 Name of the household members Relation with Head of HH Sex (Male/ Femal e) Age Marital Status Educatio n Occupation Subsidiar Main y Total Income (Rs.) Main Subsidiar y Income (Rs.) Within COI* Outside COI* * Corridor of Impact (COI) (Please ensure that the respondent is above 18 yrs

103 83 Code for Relation with Head of Household 1. Self 2. Son 3. Brother 4. Son-in-law 5. Brother-in-law 6. Cousin 7. Daughter 8. Wife 9. Daughter-in-law 10. Sister 11. Sister-in-law 12. Mother 13. Mother-in-law 14. Grand Son 15. Grand Daughter 16. Grand Daughter-in-law 17. Grand Son-in-law 18. Niece 19. Nephew 20. Father 21. Others Code for Marital Status 1. Married 2. Unmarried 3. Divorced 4. Separated 5. Widow 6. Widower 7. Deserted Code for Education 1. Illiterate 2. Just literate 3. Primary (up to 4 th ) 4. Middle (5 th, 6 th, 7th) 5. Secondary (8 th, 9 th, 10 th pass) 6. Intermediate (12 th pass) 7. Graduate 8. Post Graduate 9. ITI/ Diploma 10. Engineer 11. Doctor 12. Others (specify) Code for Occupation 1. Agriculture 2. Agriculture labour Allied agriculture activities (e.g. dairy, poultry, goatery, piggery, sheep rearing etc.) Service HH industries (specify) Commerce/Trade Professional (doctor, engineer, etc.) Skilled labor (welders, fitters, turner, plumber, electrician, mechanic, mason, etc.) Artisans (cobbler, etc.) Others (Specify) 8.0 LAND UTILISATION 8.1 Kindly give the details of landholding (applicable in case of acquisition of land) Kindly check up the ownership of land with the land records available with the respondents.

104 84 Type 1. Total land owned Dry Land Wet Land Garden Land (Unit in Sq. m) Total 2. Land Proposed to be acquired 3. Remaining land 8.2 AFFECTED CATEGORY (Tick the appropriate category) 1 Title Land 2 Tenancy Land 3 Encroached Land 4 Bagar Hukum 8.3 LAND UTILISATION FOR AGRICULTURAL ENCROACHERS Total area of encroached land Type of crop grown 8.4 MARKET VALUE Please provide the current market value of the land likely to be affected. 8.5 CROPPING PATTERN (Only in Case of Bypasses and Realignments) Kindly give the following details Area Cultivated Season Sl.No. Kharif Rabi Summer Crop Name Irrigate d Dry Yield (Qtls/Acr e) Rate (in Rs./Qtls) Income from land which is likely to be acquired

105 85 16 PART-III FOR OWNERS and SQUATTERS (Only in case of the total loss of the structure) 1.0 STRUCTURE RESIDENTIAL 1.1 Is your house electrified 1. Yes 2. No 1.2 Do you have piped water connection? 1. Yes 2. No 1.3 If no, what is your source of drinking water? a) Open Well b) Bore Well c) Piped Water d) Others (Specify) COMMERCIAL 1.4 What type of business you are doing? 1. Tea Stall 2. Grocery 3. Garments 4. Cloth Shop 5. Medical Store 6. Auto repair 7. Auto spare parts 8. Sweet Stall 9. Eatery (Dhaba) 10. Fruits and 11. Only fruits 12. Only vegetable Vegetable 13. Snacks 14. Pan/Cigarette 15. Bicycle repair 16. Tyre repairing 17. Tailoring 18. General Merchant 19. Clinic 20. School/College 21.Motel/Hotel 22. Electrical goods 23. Barber 24. Bakery 25. Others (specify) 1.5 Do you have any assistants/employees to help in the business? 1. Yes 2. No 1.6 If yes, how many? (in nos.) 1.7 What is your net income/year? Rs.

106 86 PART IV 17 FOR TENANTS 1.0 RESIDENTIAL 1.1 Name and Address of the Owner 1.2 Name and Address of the Tenant 1.3 How long are you residing in this place (in years)? 1.4 How much rent you pay (in Rs.)? 1.5 Do you have a Rental Agreement? 1. Yes 2. No COMMERCIAL 1.6 Name and Address of the Owner 1.7 Name and Address of the Tenant 1.8 From how long you are running business in this structure (in years)? 1.9 How much rent do you pay/month? Rs Do you have a Rental Agreement? 1. Yes 2. No 1.11 Do you have any helping hand? 1. Yes 2. No 1.12 If yes, how many (in Nos.)?

107 What type of business you are doing? 1. Tea Stall 2. Grocery 3. Garments 4. Cloth Shop 5. Medical Store 6. Auto repair 7. Auto spare parts 8. Sweat Stall 9. Eatery (Dhaba) 10. Fruits and 11. Only fruits 12. Only vegetable Vegetable 13. Snacks 14. Pan/Cigarette 15. Bicycle repair 16. Tyre repairing 17. Tailoring 18. General Merchant 19. Clinic 20. School/College 21.Motel/Hotel 22. Electrical goods 23. Barber 24. Bakery 25. Others (specify) 1.14 Usage of structure? 1.Shop 2.Godown 3.Workshop 4.Office 1.15 Turnover per month? Rs.

108 88 PART V EMPLOYEES IN COMMERCIAL ESTABLISHMENTS Employee No.1 1. Name 2. Address 3. Age (years) 4. Sex M F 5. Working Full time Part-time 6. Education 7. Income (Rs.) 8. Any other source (specify) 9. Any other income generating skill known Employee No.2 1. Name 2. Address 3. Age (years) 4. Sex M F 5. Working Full time Part-time 6. Education

109 89 7. Income (Rs.) 8. Any other source (specify) 9. Any other income generating skill known Employee No.3 1. Name 2. Address 3. Age (years) 4. Sex M F 5. Working Full time Part-time 6. Education 7. Income (Rs.) 8. Any other source (specify) 9. Any other income generating skill known

110 90 PART VI 18 EXTENT OF LOSS (NOT TO BE ASKED BUT TO BE ASSESSED BY THE INVESTIGATOR) 1. Losing Total House 2. Losing Partial House 3. Losing Total House and part of Plot (Aangan or Courtyard) 4. Losing Total Plot and Total House 5. Losing Total Plot and Partial House 6. Losing Partial Plot 7. Losing Total Commercial Structure 8. Losing Partial Commercial Structure 9. Losing Total Commercial Structure and Partial Plot 10. Losing Total Commercial Structure and Total Plot 11. Losing Partial Commercial Structure and Total Plot 12. Losing Total House and Total Commercial Structure 13. Losing Total House, Total Commercial Structure and Total Plot 14. Losing Total House, Total Commercial Structure and Part of Plot 15. Losing Total House, Partial Commercial Structure and Part of Plot 16. Losing Partial House, Partial Commercial Structure and Part of Plot 17. Losing Total House and Partial Commercial Structure 18. Losing Total Commercial Structure and Part of House 19. Losing Total Boundary Wall 20. Losing Partial Boundary Wall 21. Losing Total Agricultural Land 22. Losing Partial Agricultural Land 23. Losing Total Cattle Shed 24. Losing Part of Cattle Shed 25. Losing Water bodies 26. Losing Total Livelihood for Commercial Tenant 27. Others (Specify)

111 91 In case the tenancy/ownership is under dispute (legal or otherwise) please make a short note below Field Supervisor: Date: Endorsed by: Revenue Officer: Date: PWD Officer: Date:

112 Community Asset Schedule Q.No.: Name of Investigator: Date : 1.0 GENERAL IDENTIFICATION 1.1 Corridor Name 1.5 Corridor No 1.6 Link Name 1.7 Link No 1.9 Chainage 1.10 Side ((LHS/RHS) 1.11 i) District ii) Taluk iii) Village/Town 1.12 Name of the owner 1.9 Name of the Respondent 2.0 STRUCTURE IDENTIFICATION 2.1 Sl. No. of the structure : 2.2 Address of the structure: 2.3 Tick the relevant community asset affected: Primary school (PS) Temple (T) Bus stand (BS) Mini Water Supply tank (MWS) High school (HS) Shrine (SH) Grazing land (GL) Others including cultural Anganavadi (A) Hospital (H) College (C ) Primary Health Center (PHC/PHU) Mosque (M) Community Hall/Club (CH) Well (W) Handpump (HP) Irrigation (IP) Points Samadhi (S) Aralikatte (AK) Pond (P)

113 93 properties (SPECIFY) 2.4 Type of Ownership Tick the relevant box Private Government Panchayat Pvt. Trust Public Trust Community 2.5 Measurement of the structure OFFSET FROM EXISTING CENTRAL LINE (in Sq.m) OFFSET FROM EDGE OF ASSET UP TO AREA GETTING AFFECTED (in Sq.m) LAND STRUCTURE LAND STRUCTURE Starting Metre Ending Metre Width Total Area (in sq. m) 2.6 What is the approximate location of the community asset? 1. In the beginning 2. Central part 3. Towards End 2.7 Diagram of the structure 2.8 Please attach a photograph of the structure with the assigning number.

114 94 Sl. No. Chain age RHS RHS RHS RHS Side Village Name Padubid ri Padubid ri Kanchin adka Kanjark atte RHS Belman RHS Belman RHS Belman RHS Belman RHS Belman RHS Belman Annex 4: Structure Details Details of Structure losers 48A Krishna Rao S/o Mohan Rao P D Bhaskar Rao S/o Deva Rao Ramesha S/o Raju Chandrakara Kamat S/o K Anand Kamat Grama Panchyath Grama panchyath Grama panchyath Grama panchyath Grama panchyath Grama panchyath Occu. Status Encroacher Encroacher Squatter Encroacher Legal Tenant Legal Tenant Legal Tenant Legal Tenant Legal Tenant Legal Tenant RHS Belman Rajaram Owner RHS RHS Halekatt e Halekatt e Abbas S/o Shekab Ramchand Encroacher Encroacher RHS Nitte Prema Malini Encroacher RHS Nitte RHS Nitte LHS Kanjark atte N Raghuchandr a Bandari Aravinda Kumar S/o Dharmaraj Bandari Yeshwanth S/o Madeva Legal Tenant Encroacher Encroacher Loss Type Residenti al/comm ercial Commer cial Commer cial Commer cial Commer cial Commer cial Commer cial Commer cial Commer cial Commer cial Residenti al,bound ary Wall Residenti al Residenti al Residenti al,bound ary Wall Residenti al Residenti al,bound ary Wall Residenti al Structure Type Str. Affecte d Area (in Sq.m) Total Str. Area (in Sq.m) % of Str. Getting Affecte d Pucca Semi Pucca Kutcha Pucca Pucca Pucca Pucca Pucca Pucca Pucca Pucca Pucca Pucca Pucca Pucca Pucca Pucca LHS Nitte Kamakshamm a Sheni W/o Om Sheni Encroacher Residenti al Semi Pucca

115 Annex 5 : List of Participants at Meeting : 48A 95

116 96

117 97 Consultation Meetings Meeting at Nitte village on Link 48A Meeting at Nitte village on Link 48A Meeting at Nitte village on Link 48A Meeting at Nitte village on Link 48A