Resettlement Planning Document Short Resettlement Plan Document Stage: Final Project Number: 39114 March 2007 INDIA: Tsunami Emergency Assistance (Sector) Project Prepared by Public Works Department, Government of Kerala for the Asian Development Bank (ADB) The short resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB s Board of Directors, Management, or staff, and may be preliminary in nature.
INDIA: TSUNAMI EMERGENCY ASSISTANCE PROJECT (TAMIL NADU) SHORT RESETTLMENT PLAN for Prepared by HIGHWAYS DEPARTMENT Government of Tamil Nadu India March 2007
Contents List of Abbreviations...3 Executive Summary of the Short Resettlement Plan...4 Section A. Description of the Project...8 Section B. Definitions and Terminologies...9 Section C. Scope of Land acquisition and Resettlement... 11 Section Section D. Objectives of the Short Resettlement Plan... 13 Section E. Socioeconomic Profile of the Affected Household... 14 Section F. Gender Impacts and Mitigation Measures... 19 Section G. Resettlement Principles and Policy Framework... 19 Section H. Stakeholder Participation and Disclosure of RP... 24 Section I. Istitutional Responsibility... 25 Section J. Implementation Arrangements... 27 Section K. Grievance Redressal... 28 Section L. Compensation and Livelihood Restoration... 28 Section M. Budget... 29 Section N. Implementation Schedule... 31 Section O. Monitoring & Evaluation... 31 Appendices I. Summary of Affected Persons... 33 II. Public Consultation and Disclosure Plan... 35 III. TOR for NGO / Agency... 37 IV. TOR for an External Monitoring & Evaluation Consultant/Agency... 42 V. Livelihood Support Programme... 45 VI. List of Participants in Consultation... 49 2
List of Abbreviations ADB AH AP BPL EA GoTN GRC HLB IA IAY IR IRC IRP LA LVAC NGO NPRR PMU RADMMD RF RoW RP SC SHGs ST TEAP WHH Asian Development Bank Affected Household Affected Person Below Poverty Line Executing Agency Government of Tamil Nadu Grievance Redressal Committee High Level Bridge Implementing Agency Indira Awaas Yojana Involuntary Resettlement Indian Road congress Involuntary Resettlement Policy Land Acquisition Land Value Assessment Committee Non Governmental Organization National Policy on Resettlement and Rehabilitation Project Management Unit Revenue Administration, Disaster Management and Mitigation Department Resettlement Framework (Tamil Nadu) Right of Way Resettlement Plan Scheduled Caste Self Help Groups Scheduled Tribe Tsunami Emergency Assistance Project Women Headed Household 3
Executive Summary of the Short Resettlement Plan A. Description of the Project Government of Tamil Nadu has proposed to construct 5 high level bridges (HLB) under the Tsunami Emergency Assistance Project (TEAP) funded by the Asian Development Bank (ADB). Kodiyampalayam HLB is one among the 5 HLBs and is being proposed across Uppanar between Kaattur Village and Kodiyampalayam Island Village. In line with ADBs operational manual on involuntary resettlement and resettlement framework for TEAP, the Highways Department of Government of Tamil Nadu (GoTN), the Implementing Agency (IA), has prepared this Short Resettlement Plan (RP). This short RP identifies the broad scope of the project and outlines the policy, procedures for acquisition of land, magnitude of impact, compensation and other support measures for affected persons and institutional requirements for the implementation. B. Scope of Land Acquisition & Impacts The project involves the construction of a high level bridge across Uppanar river connecting the eastern side Kodiyampalayam island village with the western side main land, Kaattur village. The construction of the bridge does not involve any land acquisition as it is being built across the Uppanar and the land for approaches proposed with embankment will also not involve any land acquisition as it is river poramboke. The project also involves strengthening the approach roads on both sides. While the strengthening of the approach road on the western side is along the existing road and does not involve any land acquisition, 445 metres of the approach road on the eastern side will involve land acquisition. The census survey undertaken during the 2 nd week of August 2006 has identified 15 families as project affected families involving 69 persons (project affected persons). Further, the project causes indirect impact to 4 families operating ferry service (5 boats i.e two boats operated by members of same family) involving 20 persons and the boats employ 29 persons on daily wages for loading and unloading. Therefore, this project will be categorized as CategoryB as the involuntary resettlement impact is not significant 1. The summary of project affected families is given vide AppendixI. The magnitude of impact is given in the following table. 1 Not significant means less than 200 people will be (i) physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). 4
Magnitude of Impact Type of Loss Details of Affected Asset No. of Affected Households (HH) 1. Agricultural land 2. Indirect impact These households comprise of those losing their agricultural land. 13 HH losing agricultural land are losing more than 10% of their total land holding and 2 HH losing agricultural land are losing less than 10% of their total land holding Entire land being acquired is dry land. These households comprise of those losing their income from the boat ferry service operation. 3 HH operating ferryboat service losing their income (includes the boat operated by wife of a boat operator) 1 HH operating ferryboat service losing their income (operated by a woman) Loss of wages for 29 persons working as load man in the boats Details of Affected Population No. of Affected Persons (APs) 15 69 4 20 Total 19 89 Source: Census Survey, August 2006 C. Objectives of the Short Resettlement Plan This Short Resettlement Plan is prepared in accordance with ADBs policy on involuntary resettlement that aims at (i) avoiding involuntary resettlement wherever feasible; (ii) minimizing resettlement where population displacement is unavoidable by choosing alternative viable project options; and (iii) where involuntary resettlement is unavoidable, to ensure that affected people receive assistance, preferably under the project, so that they will be at least as well off as they would have been in the absence of the project. D. Gender Impacts & Mitigative Measures The women will directly benefit by the proposed bridge as it would provide them easy approach to the main land from their homes. It will also benefit school going female children who can avoid the unsafe boat ride and in case of emergency this bridge will provide easy access to health care. During Tsunami, majority of the dead were women and children who were caught in the tidal waves and to these vulnerable category this bridge will be a boon. However, the construction of the bridge will have indirect impact on 1 Woman Headed Household (WHH). There will be loss of income to the 4 member family due to the construction of the bridge, as the woman boat operator will lose her income 5
from boat operated by her for ferrying men and material. This AP will be adequately supported in this RP so as to restore her earlier standard of living. E. Resettlement Principles and Policy Framework The resettlement principles adopted for this subproject recognize the Land Acquisition (LA) Act 1894 and the entitlement benefits as listed in the National Policy on R&R, (Govt of India) as notified in February 2004 and the relevant Asian Development Bank s (ADB) policies and operations manuals, in particular the policy on Involuntary Resettlement (1995), and Operations Manual F2 on involuntary Resettlement (2003), and agreed Resettlement Framework. The RP is based on the general findings of the census survey, field visits, and meetings with various projectaffected persons in the project area. The Entitlement Matrix for TEAP projects in Tamil Nadu provides for compensation and resettlement assistance to all affected persons including the nontitleholders in the project area. In general terms, the people affected by the Project will be entitled to the following types of compensation and assistance (i) Compensation for loss of land and crops/trees at replacement value; (ii) assistance for restoration of income and livelihoods and (iii) additional assistance to vulnerable groups namely Femaleheaded households, Scheduled Castes (SC), Scheduled Tribes (ST), those below poverty line, elderly and disabled. A detailed Entitlement Matrix for the project is provided in Table 18 in the main text. F. Stakeholder Participation and Disclosure of RP A public consultation was held on 12.08.2006 to seek the views and preferences of the community with regard to the project and as well as their suggestions for successful implementation of the project. The Resettlement Plan (RP) will be translated into Tamil and will be made available to the affected people by the Implementing Agency (IA), the Highways Department, for review and comments on the policy and mitigation measures by means of projectlevel disclosure workshops prior to loan negotiation. Copies of short RP will also be made available at the local level public office, Sirkazhi Taluk office, to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. G. Implementation Arrangement, Schedule & Grievance Redressal The Revenue Administration, Disaster Management and Mitigation Department (RADMMD) at the statelevel will be the EA of the project, while the Highways Department will be responsible for the implementation of the RP. Highways Department, the implementing agency, will engage a qualified social/resettlement specialist to assist it in the implementation of the RP. The project director of PMU will recruit and appoint a local NGO to help implement resettlement activities. The highways department will assign the task of implementation to the concerned Divisional Engineer who will be supported by one Assistant Engineer. 6
A Grievance Redressal Committee (GRC) will be established in Nagapattinam district, with representation from RADMMD, concerned DE of Highways, 2 members from the people affected of which at least one is a women or from vulnerable group, Kodiyampalayam Panchayat President, and the NGO representative and will be chaired by the District Revenue Officer of Nagapattinam. The PMU will ensure resettlement budgets are delivered on time to the competent authority and the implementing NGOs for timely RP implementation. The PMU will ensure that affected persons will receive compensation and other entitlements before civil work contracts are awarded. H. Budget The total estimated cost for resettlement implementation including cost of compensation and assistance as per the Resettlement Framework (Tamil Nadu) under TEAP is Rs.1,152,322/. I. Monitoring & Evaluation RADMMD will establish a monthly monitoring system and prepare monthly progress reports on all aspects of land acquisition and resettlement activities. The report will contain progress made in RP implementation with particular attention to monitoring and the delivery of entitlements. The deputed official in charge of land acquisition and resettlement in the PMU with assistance from the social development and resettlement specialist, through the Highways Department and NGOs will monitor the progress of land acquisition and resettlement and also prepare biannual reports, forwarding them to ADB for review. An independent agency/monitoring expert will be engaged by the PMU in agreement with ADB to undertake biannual external monitoring of the subproject implementation. 7
Short Resettlement Plan A. Description of the Project 1. Government of Tamil Nadu has proposed to construct 5 high level bridges (HLBs) under the Tsunami Emergency Assistance Project (TEAP) funded by the Asian Development Bank (ADB). Kodiyampalayam HLB is one among the 5 HLBs and is being proposed across Uppanar river between Kaattur Village and Kodiyampalayam Island Village. 2. The Project will involve the construction of a high level bridge and strengthening of the existing approach roads in accordance with the IRC standards. 3. In line with the ADBs sector assistance project for Tamil Nadu under the Tsunami Emergency Assistance Project, construction and rehabilitation works are being carried out as far as possible within the original rightofway. However, improvements to the approach roads on eastern side to the HLB at Kodiyampalayam village will involve minimal land acquisition. The various components proposed for the HLB is given in Table 1. Table 1. Project Components Component Description Requirement of Land No land acquisition The bridge is 140m long and 8.5 m involved as it is 1. Bridge wide from outer to outer of crash being built across barrier. the river. 2. Approach road Western side 290m long approach road. Eastern side 445m long approach road. Existing road and no land acquisition involved. Formation of road involving acquisition of land. 4. The village Kodiyampalayam has no road approach and the people of this village use boats to reach the main land. The island village is just 200 metres away from the Bay of Bengal and in the event of an emergency like tsunami, cyclone or storm, the administration becomes helpless and finds it extremely difficult to reach to the people. This bridge will provide the people of Kodiyampalayam comfortable and safe access to the main land. The bridge will not only serve as an emergency escape route, it will also improve the standard of living of the island villagers. Further, the bridge will provide easy and safe access to the people and traders from the mainland villages who currently depend on 8
ferry services to reach Kodoyampalayam. However, the census survey undertaken during project preparation stage reveals that there will be involuntary resettlement. 5. In line with ADBs operational manual on involuntary resettlement and resettlement framework for TEAP, the Highways Department of Government of Tamil Nadu (GoTN), the Implementing Agency (IA), has prepared this Short Resettlement Plan (RP). This short RP identifies the broad scope of the project and outlines the policy, procedures for acquisition of land, magnitude of impact, compensation and other support measures for affected persons and institutional requirements for the implementation. 6. The Project Management Unit (PMU), Disaster Management and Mitigation Department, Revenue Administration of GoTN would be responsible for ensuring compliance of this short RP. The highways department of GoTN will be the implementing agency of the HLB and will have the primary responsibility for RP implementation. B. Definitions and Terminologies 7. The definitions of key terminologies or concepts used in this resettlement plan are as follows. Affected Person includes any people, households, firms, or private institutions who, on account of changes that result from the project will have their (i) standard of living adversely affected; (ii) right, title, or interest in any house, land (including residential, commercial, agricultural, forest, and/or grazing land), water resources, or any other moveable or fixed assets acquired, possessed, restricted, or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence, or habitat adversely affected, with or without displacement. Compensation means compensation paid for the property under the Land Acquisition Act, 1894 or through private negotiation vide GoTN government order Ms.No.885, Revenue dated 21.9.1995. Encroacher is any person(s) illegally occupying public property by extending their land boundary or a portion of their building onto the RoW. Entitled Persons means the male 21 years and female 18 years having entitlement for compensation and rehabilitation assistance. Involuntary resettlement addresses social and economic impacts that are permanent or temporary and are (i) caused by acquisition of land and other 9
fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on land as a result of an ADB operation. Land Acquisition means the process through which land and properties are acquired for the purpose of project construction. Major impacts are defined as involving affected people being physically displaced from housing and/or having 10% or more of their productive, income generating assets lost. Owners are persons who have legal title to structures, land or other assets. These property owners are entitled to compensation under the Land Acquisition Act of 1894. Project Affected Family/Household means a family consisting of father, mother, children living together with common kitchen and are affected by the project, irrespective of their legal status resulting in loss of homestead, other assets, sources of income / livelihood, common assets and cultural properties. Rehabilitation means the measures provided under the resettlement plan other than payment of the compensation of acquired property. Replacement cost means the method of valuing assets to replace the loss at market value, or its nearest equivalent, plus any transaction costs such as administrative charges, taxes, registration, and titling costs. Where national law does not meet this standard the replacement cost will be supplemented as necessary. Replacement cost is based on market value before the project or dispossession, whichever is higher. In the absence of functioning markets, a compensation structure is required that enables affected people to restore their livelihoods to levels at least equivalent to those maintained at the time of dispossession, displacement, or restricted access. Resettlement means all the measures taken to mitigate all or any adverse impacts of the project on the APs property and/or livelihoods including compensation, relocation (where relevant), and rehabilitation. Squatter is any person occupying structures entirely within the ROW (with no legal rights to occupy that parcel of land) for residential or business purposes. Tenant is any person by whom or on whose account rent is payable for any property. Vulnerable people are the poorest affected people and groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, particularly indigenous peoples. 10
C. Scope of Land acquisition and Resettlement 8. The project involves the construction of a high level bridge across Uppanar connecting the eastern side Kodiyampalayam island village with the western side main land, Kaattur village. The construction of the bridge portion does not involve any land acquisition as it is being built across the Uppanar and the land for approaches proposed with embankment in Kaattar village will also not involve any land acquisition as it is river poramboke. 9. The project also involves strengthening the approach roads on both sides. While formation of the approach road on the western side is along the existing road and does not involve any land acquisition, 445 metres of the approach road on the eastern side in Kodiyampalayam village will involve land acquisition. 10. In line with ADBs principles of involuntary resettlement planning, the project avoided involuntary resettlement wherever possible by constructing approach road along the existing available space. However, the project will require 0.44.30 hectare of private land for formation of 445 metres of approach road. This will cause minor 2 impact to the livelihood of 2 landowners; major 3 impact to 13 landowners; and indirect impact to 5 ferry service operators (belonging to 4 households) and 29 daily wage earners. 11. The census survey undertaken during the 2 nd week of August 2006 has identified 15 families as project affected families involving 69 persons (project affected persons). Further, the project causes indirect impact to 4 families operating ferry service involving 20 persons and the boats employ 29 persons on daily wages for loading and unloading. Therefore, this project will be categorized as CategoryB as the involuntary resettlement impact is not significant 4. The summary of project affected families is given vide AppendixI. The magnitude of impact is given in Table 2. 12. The ferry service operators transport local population and goods to the island village Kodiyampalayam. One among the operators is a woman who mainly transports people and sometimes transports goods. Of the 5 boats, members of one family a husband and wife duo operate 2 boats and the other 3 boats are operated by different families. Amongst these 3 boats, 2 are operated by men and 1 is operated by a woman (WHH). Since two boats are operated by 2 Losing less than 10% of their productive assets (income generating). 3 Losing more than 10% of their productive assets (income generation). 4 Not significant means less than 200 people will be (i) physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). 11
members of the same family (husband and wife), though there are 5 boats in operation only 4 families are affected. One among these 4 families is a Woman Headed Household (WHH). Table 2. Magnitude of Impact Type of Loss Details of Affected Asset No. of Affected Households (HH) 1. Agricultural land 2. Indirect impact Source: Census Survey, August 2006 These households comprise of those losing their agricultural land. 13 HH losing agricultural land are losing more than 10% of their total land holding and 2 HH losing agricultural land are losing less than 10% of their total land holding Entire land being acquired is dry land. These households comprise of those losing their income from ferry service operation. 3 HH operating ferryboat service losing their income (includes the boat operated by wife of a boat operator) 1 HH operating ferryboat service losing their income (operated by a woman WHH) Loss of wages for 29 persons working as load man in the boats Details of Affected Population No. of Affected Persons (APs) 15 69 4 20 Total 19 89 13. The 15 households losing portion from their agricultural land parcels are not getting any income from the land. The main source of income is from fishing and for some income is through nonfarm wages. The land being acquired is dry land and the extent of land lost to their total land holding is less than 10 percent for 2 households and more than 10 percent for 13 households. The percentage of land lost to the total land holding is given in Table 3. Extent of Land Lost Table 3. Percentage of Land Lost Frequency Percentage Less than 2% 1 06.7 2% and 10% 1 06.7 >10% and 20% 2 13.3 Above 20% 11 73.3 Total 15 100.0 Source: Census Survey, August 2006 12
14. There is no loss of income to the 15 households on account of proposed land acquisition. However, the 4 households operating ferry service will lose their entire source of income as an indirect impact of the project. Table 4. Loss of Income due to Project Type of Impact Total number of households Number of households losing income Direct Impact 15 0 Indirect Impact 4 4 Total 19 4 Source: Census Survey, August 2006 15. The total land required for the project is 1.68.50 hectare of which 0.44.30 hectare of land is private land belonging to 15 households. The various components that require land, classification of land and the number of households getting affected is given in Table 5. Project Components Table 5. Details of Land Loss Classification Total Land requirement Govt. Private Present Use 1. Bridge 0.11.90 0.11.90 2. Approach road on the eastern side River and river poramboke No. of affected HH 0.96.41 0.52.11 0.44.30 Dry land 15 3. Approach road on the western side 0.60.19 0.60.19 Existing PWD road for traffic Total 1.68.50 1.24.20 0.44.30 15 Source: Census Survey, August 2006 D. Objectives of the Short Resettlement Plan 16. This Short Resettlement Plan is prepared in accordance with ADBs policy on involuntary resettlement that aims at (i) avoiding involuntary resettlement wherever feasible; (ii) minimizing resettlement where population displacement is unavoidable by choosing alternative viable project options; and (iii) where involuntary resettlement is unavoidable, to ensure that affected people receive 13
assistance, preferably under the project, so that they will be at least as well off as they would have been in the absence of the project. 17. This short RP briefly describes the findings of the census survey, identifies the nature and types of losses, provides for payment of compensation and resettlement benefits as per the entitlement matrix developed for TEAP and the institutional arrangement for implementation. E. Socioeconomic Profile of the Affected Household 18. The census survey identified 15 households as directly affected households comprising of 69 persons and 4 households as indirectly affected households comprising of 20 persons. Of the 19 households, one household is headed by a woman. The malefemale profile amongst the affected household (AHs) is given in Table 6. Table 6. Head of Household (HH) by Sex Head of Household Sex Frequency Percentage Male 18 94.7 Female 1 05.3 Total 19 100.0 Source: Census Survey, August 2006 19. The male female profile amongst all members of the projectaffected household is given in the following table. The male outnumber the female and is in the ratio of 6:4 Table 7. APs by Sex All Members (APs) Sex Frequency Percentage Male 53 59.6 Female 36 40.4 Total 89 100.0 Source: Census Survey, August 2006 20. The above 60 age group comprise of about 2 percent. Thirty six percent are below 18 years. 14
Table 8. Age group of APs Age classification Upto 5 6 17 18 24 25 40 41 60 > 60 Frequency 4 28 19 17 19 2 Percentage 4.5 31.5 21.3 19.1 21.3 2.3 Total 89 100.0 21. Thirty two percent of the affected households have a small family of size four or less. The average size of a family is 4.7. Table 9. Size of household Size of household 1 3 4 5 6 7 Average Size is 4.7 Frequency 5 1 8 5 Percentage 26.3 5.3 42.1 26.3 22. All the affected households are Hindus. Table 10. Affected household by Religion Religion Frequency Percentage Hindu Muslim Christian 19 100.0 Total 19 100.0 23. Eighty four percent of the affected household belong to the most backward class. There is 5 percent belonging to scheduled caste (1 AH) who would come under the vulnerable category. 15
Table 11. Afected household by Social Group Community Frequency Percentage FC BC MBC SC 2 16 1 10.5 84.2 5.3 Total 19 100.0 24. The literacy level amongst male is 72 percent and amongst women is only 56 percent. The literacy level of both male and female is lower compared to the state average (82%). The level of educational attainment is given in Table 13. Table 12. Literacy by Sex of APs (> 6 age group) Literacy Male Female Frequency Percentage Frequency Percentage Can read and write 34 72.3 20 55.6 Cannot read and write 13 27.7 16 44.4 Total 47 100.0 36 100.0 Table 13. Education level by Sex of APs Education Male Female Frequency Percentage Frequency Percentage Below primary Primary Upper primary High school Higher secondary Graduate Post graduate Technical education None Children (<= 6 yrs) 11 8 13 4 1 1 2 7 4 21.6 15.7 25.5 7.8 2.0 2.0 3.9 13.7 7.8 6 4 10 2 14 2 15.8 10.5 26.3 5.3 36.8 5.3 Total 51 100.0 38 100.0 25. The primary occupation of 79 percent of the head of household is fishing and ferry operation. The one head of households who is not in workforce is an aged person. 16
Table 14. Occupation of Head of Household Main Activity Head of HH All members (APs) Frequency Percentage Frequency Percentage Cultivation Casual labour Salaried Household shop Business Other workforce Unemployed Not in workforce 2 1 15 1 10.5 05.3 78.9 05.3 2 4 1 1 25 56 02.3 04.5 01.1 01.1 28.1 62.9 Total 19 100.0 89 100.0 Source: Census Survey, August 2006 26. About 20 percent of the APs are below poverty line. Income of about 10 percent is less than Rs.1000/ per month. Table 15. Income of AHs Income Range (per annum) Frequency Percentage 1 12000 12001 18000 18001 24000 24001 36000 Above 36000 Dependant 2 2 4 7 3 1 10.5 10.5 21.1 36.8 15.8 05.3 Total 19 100.0 Source: Census Survey, August 2006 27. The average income of the employees is Rs.3000/ per month. There is one employee who is 18 years old, but is a family member of the boat owner. Thirty eight percent are in the 19 to 24 age group, 31 percent in the 25 to 40 age group and the rest (28%) in 41 to 60 age group. The average number of dependants on the salary drawn by these employees is 4.7. 28. Among the project affected households, in 74 percent of the household only men are involved in income earning activities and the head is invariably the principle earner for the family. One household (boat operator) has a woman as 17
the principal bread earner. In 16 percent of the household both men and women are involved in income earning activities. Table 16. Primary income earner in the AHs Primary Income Earner Frequency Percentage Men alone Women alone Both Men and Women Dependant 14 1 3 1 73.7 05.3 15.7 05.3 Total 19 100.0 Source: Census Survey, August 2006 29. The census survey also aimed at identifying socially and economically vulnerable 5 groups amongst those affected households who would require additional assistance. Seven households (vulnerable) will require additional support under ADBs livelihood programme 6 assistance. Table 17. Income of Vulnerable AHs WHH BPL SC Elderly / Disabled Income Range (per annum) Frequency Percentage Frequency Percentage Frequency Percentage Frequency Percentage 1 12000 12001 18000 18001 24000 24001 36000 Above 36000 Dependant 1 100.0 2 2 50.0 50.0 1 100.0 1 100.0 Total 1 100.0 4 100.0 1 100.0 1 100.0 Source: Census Survey, August 2006 30. If there is any change in the alignment or in the design prior to award of civil works contract or during implementation, the RP will be accordingly updated 5 (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC), scheduled tribes (ST); (c) womenheaded households (WHHs); (d) elderly and (e) disabled persons. 6 The ADB is financing The Livelihood Restoration programme of GoTN under Tsunami (details of the programme is provided in AppendixIV) 18
and the revised RP will be submitted to ADB by the Highways Department. The final RP will be submitted to ADB prior to award of civil works contract. F. Gender Impacts and Mitigation Measures 31. The sex ratio of 987 7 in Tamil Nadu is higher than the allindia figure of 933 and the juvenile sex ratio is 942 compared to allindia figure of 927. Though the sex ratio in Tamil Nadu is better than the national figure, considering the relative disadvantage of the women in the society, the census survey captured the current status of women and their socioeconomic profile. 32. The women will directly benefit by the proposed bridge as it would provide them easy approach to the main land from their homes. It will also benefit school going female children who can avoid the unsafe boat ride and in case of emergency this bridge will provide easy access to health care. During Tsunami, majority of the dead were women and children who were caught in the tidal waves and to these vulnerable category this bridge will be a boon. 33. However, the construction of the bridge will have indirect impact on 1 Woman Headed Household (WHH). There will be loss of income to the 4 member family due to the bridge as the woman who operates the boat will lose her income from the boat occupation after the construction. This AP will be adequately supported in this RP so as to restore her earlier standard of living. G. Resettlement Principles and Policy Framework 34. The National Policy on Resettlement and Rehabilitation (NPRR) provides broad guidelines and executive instructions and will be applicable to projects displacing 500 families or more in flat lands and 250 families or more in hilly areas. The NPRR requires projects to (i) minimize displacement and identify nondisplacing or leastdisplacing alternatives; (ii) plan the resettlement and rehabilitation of projectaffected families including special needs of tribal and vulnerable sections; (iii) provide a better standard of living to projectaffected families; and (iv) facilitate harmonious relationships between the requiring body and projectaffected families through mutual cooperation. 35. While the NPRR recognizes most of the significant resettlement principles in the Asian Development Bank s (ADB) Involuntary Resettlement Policy (IRP), the NPRR does not meet some of the IRP s safeguards. First, the NPRR s threshold of applicability is limited to land acquisitions for highways, railway lines, 7 Source: Census of India, 2001 19
transmission lines, and pipelines. Second, each projectaffected family will be offered an exgratia payment of Rs10,000/ and no other resettlement and rehabilitation benefits. Third, replacement value is not clearly defined and is not taken into account in calculating lumpsum compensation. Fourth, no specific entitlements are available for squatters and encroachers. 36. The Land Acquisition Act 1894 and its amendments to date generally govern land acquisition and compensation in Tamil Nadu. The Act covers only legal titleholders and provides for (i) market value of the land; (ii) compensation of 30% on the market value for compulsory acquisition; (iii) an additional amount for trees, crops, houses, or other immovable properties; (iv) damage due to severing of land, residence, or place of business; and (v) an interest of 12% on the market value from the date of notification to award. The IRP has some additional complementary provisions especially with regard to displacement and resettlement of squatters and other informal settlers. 37. To reduce inherent delays in the land acquisition process from 18 to 6 months or less, the Government of Tamil Nadu (GOTN) issued a government order in 1995 Acquisition of Land for various purposes, Acquisition through negotiation Uniformity in procedure, fixation of land value and Constitution of Committee. The order sets out the principles of fixing of land value for negotiation. It allows negotiations up to 150% of the market value/guideline value for each hectare of land. 38. Based on these state laws and regulation on land acquisition, the ADB IRP and the NPRR, the following resettlement principles will be applied to all TEAP subprojects: a) land acquisition and other involuntary resettlement impacts will be minimized as much as possible; b) wherever possible, Government land will be utilized which is free from encumbrances and will not include land that is squatted upon; c) those affected will be informed and consulted on compensation options and in formulating the RPs in accordance with the agreed RF; d) land and other property compensation will be paid at replacement costs; e) payment of compensation for lost land, housing, assets, and other resettlement assistance will be given in full before awarding civil contracts; f) compensation at replacement cost and resettlement assistance will be given to all nontitled people affected (e.g., informal dwellers/squatters, and encroachers) before acquiring land and their properties; 20
g) all those affected will receive assistance to restore their income and to rehabilitate their livelihood; and h) special assistance will be given to households headed by women and other vulnerable groups. 39. In case of land acquisition, compensation will be paid at mutually agreed rates through negotiations as outlined in the 1995 government order at replacement costs. In the event the landowner does not agree to acquisition through negotiation and the land is acquired as per the Land Acquisition Act, compensation will be paid at replacement costs. If the compensation amount assessed by a district collector is lower than that of the replacement cost determined by the land acquisition and valuation committee, the difference will be paid in the form of a special grant to the affected person. The Government will bear transaction costs such as stamps/registration costs in case of purchase of replacement land. Nontitled affected people will be entitled to both compensation and rehabilitation assistance based on the nature of their losses. Replacement cost of structures will also be paid to squatters/informal dwellers, and resettlement assistance, such as shifting allowance and compensation for loss of workdays/income. Households headed by women and other vulnerable households (such as scheduled tribe/scheduled caste, disabled, elderly) will be eligible for additional assistance in terms of income restoration. 40. Cutoff Date is established to identify the Entitled Persons. The date on which the census survey was undertaken will be the cutoff date for nontitleholders. For legal owners, the cutoff date will be the notification declaring the intention to acquire the property. For those legal owners who are not agreeable to compensation through negotiations, the date of serving the notice u/s 4(1) of Land Acquisition Act of 1894 will be established as the cutoff date. 41. The entitlement matrix (Table 18) lists types of losses, eligibility, and entitlements, and provides basic parameters for the preparation of compensation and resettlement benefits. The matrix will apply to this project. 21
Table 18. Entitlement Matrix No Type of Loss Application 1 Agricultural land, homesteads, commercial land (private property) 2 Residential and commercial structures (private property) 3 Loss of income from business and loss of wages Land on the project right of way (ROW) Structure within the ROW Businesses and employees affected by project ROW Unit of entitlement Titleholders Titleholders Entitlement Compensation at replacement cost. Compensation at replacement cost Details of Entitlements 1. Cash compensation through negotiation as per government order (1995) at mutually agreed rates equal to replacement value and/or GO Ms. No. 75 (2005). 2. Cash compensation as per Land Acquisition Act at replacement costs. If the replacement cost of land determined by land acquisition and valuation committee is more than the compensation determined by district collector, the difference will be paid as a special grant by the Project directly to those affected. 3. Transaction costs will be paid by the Project (registration cost, stamp fees etc., incurred in the purchase of replacement land). 1. Cash compensation to be paid by the district collector at replacement costs. If the replacement cost of structure determined by land acquisition and valuation committee is more than the compensation determined by district collector, the difference will be paid as a special grant by the Project directly to those affected. 2. A lump sum shifting assistance for shifting household assets including cost of transportation and labor costs. 3. Project will assist those affected to purchase land to relocate to a new site. 4. Right to salvage material from the demolished structure. Individual Lump sum 1. Owners of businesses will be compensated for their loss of income for 3 months based on actual income lost assessed on a casebycase basis. 2. Employees directly affected by displacement of employer will receive wages for 3 months calculated on the basis of minimum wages. 3. Support to those affected, through the livelihoods programs (Appendix V) under the Project (training, capacity building, and enterprise development) for restarting or new incomegenerating activities. 22
No Type of Loss Application 4 Annual/seasonal crops and trees 5 Structures by squatters and informal settlers (residential/ commercial) 6 Additional assistance for vulnerable groups below poverty line (BPL), households headed by women, elderly and disabled Crops and trees on ROW Structures affected by ROW Households affected by ROW Unit of entitlement Cultivator household Household Individual Entitlement Compensation at market value No compensation for land; compensation for structure at replacement cost and other assistance Assistance for income restoration and training Details of Entitlements 1. Advance notice for harvesting standing crops. 2. Owner will receive grant equal to market value of crop lost for 10 years plus cost of replacement of seeds. 3. Sharecroppers/tenants will be compensated at market value for the crop lost plus cost of replacement of seeds for the next season s harvest. 4. Compensation for trees based on timber value at market prices, to be determined by Forest Department and Horticultural Department. 5. For perennial trees, compensation will be 3 5 times the market value. 1. Compensation for loss of structure at replacement cost. 2. A lump sum shifting assistance for shifting household assets including cost of transportation and labor costs. 3. Affected people to relocate to a new site provided by the project. 4. Support to those affected losing commercial structures, through the livelihoods program (Appendix V) under the Project (training, capacity building and enterprise development) for restarting/new incomegenerating activities. 1. Preferential employment in the Project, especially for women and the poor 2. Support those affected through the livelihoods programs under the Project (Appendix V) which will include Support for capacity building, enterprise training, and economic activities to already organized selfhelp groups (SHGs). Support for capacity building, enterprise training for new SHGs (male and female) not yet organized into communitybased groups. Replacement of productive assets, skill upgrading, risk mitigation through insurance. 23
No Type of Loss Application 7 Specific action for indigenous people/ scheduled tribe (ST) 8 Community infrastructure and amenities Land and other assets affected by ROW Affected by ROW Unit of entitlement Individual Entitlement Assistance for income restoration and training Details of Entitlements 1. Preferential employment in the Project, especially for women and the poor 2. Support those affected through the livelihoods programs under the Project (Appendix V) which will include Support for capacity building, enterprise training, and economic activities to already organized selfhelp groups (SHGs). Support for capacity building, enterprise training for new SHGs (male and female) not yet organized into communitybased groups. Replacement of productive assets, skill upgrading, risk mitigation through insurance. Community Replacement 1. Complete rehabilitation / restoration by the Project. 9 Other impacts not identified 1. Unforeseen impacts will be documented and mitigated based on the principles agreed in this RF. H. Stakeholder Participation and Disclosure of RP 42. Appropriate consultation on the resettlement plan and participation of affected population in decision making will improve the understanding of their needs, resources and preferences. This will help in reducing reluctance and thereby increase the acceptance of the project. Consultations have been held at the time of carrying out the baseline socioeconomic survey. 43. Further, a public consultation was held on 12.08.2006 to seek the views and preferences of the community with regard to the project and as well as their suggestions for successful implementation of the project. The likely resettlement impact and the mitigation measures proposed under the RP were explained to the people. The consultation was conducted by the R&R Expert and about 31 persons, including village leaders, participated in the consultation. 24
44. The salient findings of the consultations on various issues covered are presented below. People were unanimous and equivocal in conveying the need for a bridge in Kodiyampalyam. The advantages as perceived by the people are; the bridge would become an escape route; facilitate easy access to school and health facilities; fisheries will improve; and will pave way for introduction of minibus (public transport) service to the village. On the compensation and assistance, the APs wanted valuation for the land to reflect the market rates, though there has been no cultivation in these lands for over 15 years. The participants signed attendance sheet is enclosed as AppendixVI. 45. In addition, a Public Consultation and Disclosure Plan has been prepared for the project and is enclosed as AppendixII. 46. The Resettlement Plan (RP) will be translated into Tamil and will be made available to the affected people by the Implementing Agency (IA), the Highways Department, for review and comments on the policy and mitigation measures by means of projectlevel disclosure workshops prior to loan negotiation. Copies of short RP will also be made available at the local level public office, Sirkazhi Taluk office, to stakeholders for local inputs prior to award of civil work contract. The proceedings of the disclosure workshop and the feedback received will be sent to ADB for review. 47. The final RP will also be disclosed on the ADB Website, EA website and IA website whereas the Project Management Unit (PMU) will continue consultations throughout the project implementation period. I. Istitutional Responsibility 48 The Revenue Administration, Disaster Management and Mitigation Department (RADMMD) at the statelevel will be the Executing Agency (EA) of the TEAP, while the State Level Steering Committee (SLSC) will have the overall 25
advice and guidance with the departments and the Implementing Agencies (IAs). The Project Management Unit (PMU) formed within RADMMD and headed by the project director will be responsible for overall coordination, planning, implementation, monitoring, and financing of all resettlement and rehabilitation activities under the TEAP. RADMMD will depute an official within the PMU to be in charge of land acquisition and resettlement operations, and will report to the project director. Each IA in their project implementation unit will also have qualified social/resettlement professionals. The social development and resettlement specialist will assist the PMU and IAs/line departments in preparing RPs. The project director will recruit and appoint local NGOs, as required, to help prepare and implement resettlement activities. The concerned staff at the PMU, IAs/field offices, project NGOs, and revenue department officials will undergo a week long orientation and training in resettlement policy and management. The deputed official in the PMU with the assistance from the social development and resettlement specialist will work in close coordination with the respective IAs and project NGOs on the daytoday activities of RP implementation. 49. A land value assessment (LVAC) for the project committee headed by the district collector or his/her representative will also be formed with representatives from RADMMD, IAs, district/tehsil Land Revenue office, representatives of those affected, local government, village leaders, professional assessors, and implementing NGO to assess replacement value of lost assets through a land market value survey and through compiling and comparing other available sources of information. 8 RADMMD will ensure that any land acquisition and resettlement/relocation is preceded by a satisfactory RP, formulated according to the agreed Resettlement Framework (RF). RADMMD will also ensure that appropriate entitlements and mitigation measures are included in the RP especially for the benefit of vulnerable groups households headed by women, below poverty line, scheduled caste/scheduled tribes, the elderly, and disabled. The PMU will submit RPs for ADB review and approval, and will ensure that affected persons will receive compensation and other entitlements before civil work contracts are awarded. 8 District Level Monitoring Committees and Village Level Monitoring Committees will be extensively utilized for this purpose. 26
J. Implementation Arrangements 50. The Revenue Administration, Disaster Management and Mitigation Department (RADMMD) at the statelevel will be the EA of the project, while the Highways Department will be responsible for the implementation of the RP. 51. The PMU formed within RADMMD and headed by the project director will be responsible for overall coordination, monitoring and financing of the RP. RADMMD will depute an official within the PMU to be in charge of land acquisition and resettlement operations, and will report to the project director. 52. Highways Department, the implementing agency, will engage a qualified social/resettlement specialist to assist it in the implementation of the RP. The project director of PMU will recruit and appoint a local NGO to help implement resettlement activities. The highways department will assign the task of implementation to the concerned Divisional Engineer who will be supported by one Assistant Engineer. 53. The concerned staff at the Divisional Office of the Highways Department and project NGO will undergo a week long orientation and training on issues concerning resettlement policy; principles and procedures of land acquisition; public consultation and participation; entitlements and compensation disbursement mechanisms; Grievance Redressal and monitoring of resettlement operation. The drafts TOR for the appointment of NGO / Agency is given vide AppendixIII 54. Further, the PMU will ensure resettlement budgets are delivered on time to the competent authority and the implementing NGOs for timely RP implementation. The PMU will ensure that affected persons will receive compensation and other entitlements before civil work contracts are awarded. The organizational structure for implementation of SRP activities is as under: PMU (RADMMD) LVAC DE Highways AE Highways NGO PAP 27