government of karnataka public works, ports ......scdp –belgaum to yargatti resettlement action...

SCDP –Belgaum to Yargatti Resettlement Action Plan

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GOVERNMENT OF KARNATAKA

PUBLIC WORKS, PORTS & INLAND WATER TRANSPORT

DEPARTMENT

PROJECT IMPLEMENTATION UNIT

Loan Number -8022-IN

KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT - II

STAGE-II

Resettlement Action Plan

for

Safe Corridor Demonstration Programme (SCDP) Stretch of SH-20

from Belgaum to Yaragatti.

July 2014

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TABLE OF CONTENTS

Contents

EXECUTIVE SUMMARY .................................................................................................................................... 4

CHAPTER I – INTRODUCTION ........................................................................................................................ 7

1.1 PROJECT BACKGROUND ....................................................................................................................... 7 1.2 DESCRIPTION OF THE PROJECT ............................................................................................................ 7 1.3 PHYSICAL CHARACTERISTICS OF THE PROJECT AREA ......................................................................... 8 1.4 MAGNITUDE OF IMPACTS ...................................................................................................................... 8 1.5 OBJECTIVES .......................................................................................................................................... 9 1.6 APPROACH TO RESETTLEMENT PLANNING .......................................................................................... 9 1.7 RIGHT OF WAY AND CORRIDOR OF IMPACT ......................................................................................... 9 1.8 ISSUES AND LIMITATIONS .................................................................................................................... 10

CHAPTER II - LEGAL FRAMEWORK AND RESETTLEMENT POLICY PROVISIONS ...................... 11

2.1 RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 ................................................................................................................................. 11 2.2 OP/BP 4.12 - INVOLUNTARY RESETTLEMENT ................................................................................... 13 2.3 OP/BP 4.10 - INDIGENOUS PEOPLE .................................................................................................. 14 2.4 KARNATAKA HIGHWAY ACT 1964 ....................................................................................................... 14 2.5 COMPARISON OF NATIONAL AND KSHIP II POLICIES WITH WORLD BANKS IR POLICY.................... 14 2.6 SCDP POLICY .................................................................................................................................... 17 2.7 IMPACTS AND ENTITLEMENTS ............................................................................................................. 17 2.8 CORRIDOR OF IMPACT ........................................................................................................................ 18 2.9 TARGETED SUPPORT TO VULNERABLE GROUPS ................................................................................. 18 2.10 OPTION AND CHOICES ........................................................................................................................ 18 2.11 PRINCIPLES ......................................................................................................................................... 18 2.12 UPDATION OF THE ENTITLEMENT POLICY .......................................................................................... 18 2.13 ENTITLEMENT MATRIX ........................................................................................................................ 20

CHAPTER III: LAND ACQUISITION AND COMPENSATION PAYMENT .............................................. 26

6.1 LAND ACQUISITION.............................................................................................................................. 26 6.2 METHOD OF PRICE FIXATION .............................................................................................................. 26 6.3 VALUATION OF ASSETS ....................................................................................................................... 26 6.4 ESTIMATION OF LAND REQUIREMENT AND PREPARATION OF LAND ACQUISITION PLANS ................. 26 6.6 COMPENSATION PAYMENT PROCESS ................................................................................................ 26 6.7 KSHIP I NON PAYMENTS .................................................................................................................... 27 72. PAYMENTS NOT MADE UNDER KSHIP I WILL BE RESOLVED AS FOLLOWS: ................................................... 27

CHAPTER IV - SOCIAL IMPACT ASSESSMENT AND BASELINE SOCIO-ECONOMIC

CHARACTERISTICS ........................................................................................................................................ 28

4.1 SOCIAL IMPACT ASSESSMENT ............................................................................................................ 28 4.2 CENSUS SOCIO-ECONOMIC SURVEY ................................................................................................. 28 4.3 UPDATE OF CENSUS INFORMATION .................................................................................................... 28 4.4 CUT-OFF DATE ................................................................................................................................... 28 4.5 MAJOR AND MINOR IMPACTS .............................................................................................................. 29 4.6 CHARACTERISTICS OF DISPLACED HOUSEHOLDS ............................................................................... 29 4.7 VULNERABLE GROUPS ........................................................................................................................ 30 4.8 GENDER ISSUES.................................................................................................................................. 31 4.9 TRIBAL ISSUES .................................................................................................................................... 31


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4.10 SOCIO- ECONOMIC STATUS OF TRIBAL POPULATION ........................................................................ 31 4.11 IMPACT ON HOST POPULATION .......................................................................................................... 32 4.12 CONSULTATIONS AND FOCUS GROUP DISCUSSIONS ........................................................................ 33 4.13 POSITIVE IMPACT ................................................................................................................................ 34 4.14 NEGATIVE IMPACT ............................................................................................................................... 34 4.17 MITIGATION THROUGH POLICY CHANGES .................................................................................................... 35 4.18 MAGNITUDE OF IMPACTS CULTURAL PROPERTIES AND CPRS ................................................................... 35

CHAPTER V - IMPLEMENTATION ARRANGEMENTS ............................................................................. 36

5.1 INSTITUTIONAL ARRANGEMENTS ........................................................................................................ 36 5.2 SOCIAL DEVELOPMENT AND RESETTLEMENT CELL (SDRC) ............................................................. 36 5.1 SDRC AND STAFF DEPLOYMENT ....................................................................................................... 36 5.2 PROTECTION OF ROW ........................................................................................................................ 37 5.3 VALUATION OF OTHER STRUCTURES/ASSETS .................................................................................... 37 5.4 IMPLEMENTATION SUPPORT ................................................................................................................ 37 5.5 MONITORING ....................................................................................................................................... 38 5.6 INTERNAL MONITORING ....................................................................................................................... 38 5.7 EXTERNAL MONITORING ...................................................................................................................... 38 5.8 GRIEVANCE REDRESSAL COMMITTEE ................................................................................................ 41 5.9 CAPACITY BUILDING AND TRAINING.................................................................................................... 41 5.10 ADMINISTERING THE PAYMENT OF R&R ASSISTANCE ....................................................................... 41 5.11 DEVELOPMENT OF VENDOR MARKETS ............................................................................................... 41 5.12 INCOME RESTORATION MEASURES .................................................................................................... 42 5.13 IMPACT CATEGORIES AND IR SCHEMES ............................................................................................ 42 5.14 RECONSTRUCTION OF AFFECTED COMMUNITY STRUCTURES ............................................................ 43 5.15 DATA BASE MANAGEMENT ................................................................................................................. 43 5.16 DISCLOSURE ....................................................................................................................................... 43 5.17 CO-ORDINATION WITH CIVIL WORKS AND CERTIFICATION OF COMPLETION ....................................... 43 5.18 IMPLEMENTATION SCHEDULE AND TIMING OF RESETTLEMENT ......................................................... 44 5.19 CONSULTATIONS DURING IMPLEMENTATION ...................................................................................... 46 5.20 BUDGET AND COSTS ........................................................................................................................... 46

List of Table

Table 1: Summary of Project Impacts ..................................................................................................... 8

Table 2: Comparison of the RFCTLARRA 2013, KSHIP II with the key indicators of the World Bank

Policy and Gaps to be filled................................................................................................................... 15

Table 3: Entitlement Matrix ................................................................................................................... 20

Table 4: Distribution of PAFs by Major and Minor Impacts ................................................................... 29

Table 5: SocioEconomic information for Major Impact ......................................................................... 30

Table 6: Socio -Economic information for Major Impact – Host Population ......................................... 32

Table 7:Summary of Focus Group Discussions and Consultation ....................................................... 33

Table 8: Monitoring Indicators (including host population) ................................................................... 39

Table 9: Financial Indicators for Progress( Including host population) ................................................. 39

Table 10:Monitoring Of GRC................................................................................................................. 41

Table 11: Project milestone Timelines .................................................................................................. 44

Table 12: Milestone III Details, showing location of encumbrances ..................................................... 45

Table 13: Implementation Schedule ..................................................................................................... 46

Table 14: Budget ................................................................................................................................... 46

List of Annexure

Annexure 1: List of Affected Persons .................................................................................................... 48

Annexure 2: Minutes of the Meeting /attendance sheet for Vendor Market at Yargatti ........................ 55

Annexure 3: Public Consultation Meeting Photos ................................................................................. 63


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Annexure 4: Yargatti Panchayat Resolution for Vendor market ........................................................... 65

Annexure 5: Terms of Reference for Monitoring Consultants ............................................................... 66


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ABBREVIATIONS AC Assistant Commissioner

ADSW Assistant Director Social Welfare

APL Above Poverty Line

BP Bank Policy

BPL Below Poverty Line

CAO Chief Administrative Officer

CPO Chief Project Officer

CPR Common Property Resources

COI Corridor of Impact

DC Deputy Commissioner

DPR Detail Project Report

EWS Economically Weaker Section

FGD Focus Group Discussion

GOI Government of India

GOK Government of Karnataka

GRC Grievance Redressal Cell

ID Identity Card

IPDP Indigenous People Development Plan

IR Income Restoration

ITI Industrial Training Institute

KHA Karnataka Highways Act

KSHIP Karnataka State Highways Improvement Project

LAA Land Acquisition Act

LAO Land Acquisition Officer

LAP Land Acquisition Plan

NH National Highway

NGO Non-Governmental Organization

OP Operational Policy

PAF Project Affected Family

PAG Project Affected Group

PAP Project Affected Person

PIU Project Implementation Unit

PGB Project Governing Body

PWD Public Works Department

PGB Project Governing Body

RTC Record of Rights

R & R Rehabilitation and Resettlement

RAP Resettlement Action Plan

ROW Right of Way

SIA Social Impact Assessment

SDO Social Development Officer

SDRC Social Development Resettlement Cell

SWI Social Welfare Inspector

SC Scheduled Caste

SR Schedule of Rates

ST Scheduled Tribes

SHG Self Help Group

SIA Social Impact Assessment

ToR Terms of Reference

ZP Zilla Panchayat


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GLOSSARY OF RESETTLEMENT & REHABILITATION TERMS

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 PAPs 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 means government land which has been allotted to a landless

person/farmer by the Government decided through a Taluka level committee, without any legal title.

d. Gramathana Landis the area earmarked for the development of the village for residential

purpose.1

e. Below poverty linebased on the Planning Commission figures for 2011-12 published in 2013,

using the Tendulkar method of calculation is Rs. 902 per capita per month for rural area and Rs.1098 per capita per month for urban areas in Karnataka.For a family of five this will be Rs. 54,120 in rural areaand Rs. 65,880 in urban area.

f. Compensationrefers to the amount paid calculated according to the RFCTLARRA 2013 and

paid under The Karnataka Highways Act, 1964 and The Karnataka Highways Rules, 1965,It refers to the amount as given in the Entitlement Matrix for the project.

g. Cut off Date: the date of Notification under Section 15 of Karnataka Highways will be the cut off

date where the land acquisition will be required. In case of squatters and encroachers and unauthorized occupants the date of socio-economic survey will be considered as the cut off date for entitlements under the project.

h. 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.

i. “Family” 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 family” consisting of a person, his or her spouse and minor children;

j. “Government” refers to the Government of Karnataka

k. “Land acquisition” or “”acquisition land” means acquisition of land under the Karnataka

Highways Act, 1964;

l. “Marginal farmer” means a cultivator with an unirrigated land holding up to one hectare or irrigated land holding up to half hectare;

m. Major Impacts: are those persons who loose their total house or affectedhouse is not viable for

living or loss of livelihood, or those who are marginal farmers or becomes marginal or landless.

n. Minor Impact: all other impacts which will belimited to one-time payment of cash or giving advance notice.

o. Minimum Wages: The wage of a person for his/her services/labour as fixed by the Labour

Bureau, Department of Labour, GOK, the minimum wages for 2013-2014 is Rs.172.97 for agricultural labour..

1 Guidelines prepared for the Licensed Surveyors 2008 batch


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p. 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.

q. “Notification” means a notification published in the Gazette of India, or as the case may be, the

Gazette of State;

r. 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.

s. Project Affected Family (PAFs) means- (i) a family 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 such as Gramathana land) 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, agricultural land, or either homestead or agricultural land), rural artisan, small trader or self-employed person; who has been residing or engaged in any trade, business, occupation or vocation continuously for a period of not less than three years 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;

t. Project-Affected Persons (PAPs), any persons who have economic interests or residence within the project impact corridor and who may be adversely affected directly by the project. Project-affected 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.

u. 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 provisions of the Entitlement Matrix of the project.

v. Severance of Land: 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.

w. “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.

x. Squatter means those persons who have illegally occupied government lands for residential, business and or other purposes. They are not eligible for compensation but will qualify for assistance from the project.

y. 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. They are eligible for certain compensation or assistance as per the existing norms and practice.

z. Vulnerable groups: 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 family.

aa. Women Headed Household: A household that is headed by a woman and does not have a

male earning member is a Woman Headed Household. This woman may be a widowed, separated or deserted person.


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EXECUTIVE SUMMARY

i. The Government of Karnataka intends to improve the institutional effectiveness of the road sector

agencies to deliver effective and safe roads with comprehensive strategic and institutional measures

to be evolved through ‘Safe Corridor Demonstration Program (SCDP)’ selecting two pilot corridors.

With World Bank assistance, the PWD, together with the Home, Health, Education and Transport

Departments will undertake a multi sectoral safety program on two pilot corridors. This RAP is for the

section SH20 between the flyover Junction with National Highway (NH) 4 in Belgaum, and the junction

with NH 13 at Hungund. The road safety initiatives taken up are; improving the engineering

conditions, strengthening enforcement, enhancing road safety education and improving emergency

medical response. The section covered has already been improved under the World Bank funded

KSHIP I programme.

ii. Census and socioeconomic surveys were conducted on all the junctions where improvements are

proposed. The census survey could not be conducted for all the families, as some of the families were

not present, also in a few cases the families were located in a different village away from where the

land is located. According to the census survey there are 226 PAFs and 552 PAPs. There are 10

women headed households. 3 Scheduled Tribe PAFs are identified. Of the total Project Affected

Families (PAFs), major impact is on 122 families, of which 106 consist of non-title holders losing their

commercial structures.

iii. The Land Acquisition Plan has been completed. Land acquisition for the project is estimated at

2.34 1/4 acres of private land(Agricultural land 2.14 ½; Non Agricultural land 0.19 ¾). Of the 48 PAFS

losing agricultural land there are 25 PAFs losingone gunta and less than one gunta of land. Maximum

loss of agriculture land is 13 3/4 guntas. Of the 49 PAFS losing non agricultural land, 46 PAFs are

losing one gunta and less than one gunta of land.

iv. Focus Group discussions were held at various junctions.Detailed Consultations were held in

Yargatti Town on 27.06.2014 and 14.07.2014 and junctions on 10.02.2014. Discussions and

consultations were held with affected persons,Yargatti Panchayat members, KSHIP officers of

Belgaum Division and the Police in Yargatti sub division. The main issues raised and discussed were

(i) the need of road safety measures to be put in place as the accidents on the road has increased

after the completion of KSHIP I road improvement ; (ii) the people whose lands are getting affected

had no objection to the project, provided they were compensated based on market rates (iii)

discussions were held at Belgaum junction and Bodigoppa where improvements have been

suggested, to minimize impacts;(iv)discussions were held with affected persons in Yargatti Junction to

explain the impacts of the project and get feedback on options on rehabilitation through provision for

a common vendor market and to explore any other options for relocating squatters being impacted

due to junction improvement. The consultations have helped in not only achieving the social

assessment objectives, but also assisted in suggestions for mitigation of adverse impacts and

facilitating inputs for the Entitlement Matrix for this Resettlement Action Plan.

v. The GOK has a revised Resettlement and Rehabilitation (R&R) Policy for KSHIP- II. This Policy has

now been updated for this project taking into consideration the new Right to Fair Compensationand

Transparency in Land Acquisition and Resettlement and Rehabilitation Act 2013.The process of land

acquisition will be through “The Karnataka Highways Act 1964”(KHA,1964). However the

compensation and entitlement will be based on the Entitlement Policy given in this RAP, which has

taken into consideration the entitlements as prescribed in the RFCTLARRA 2013.


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vi. The Entitlements given for this SCDP in some cases is higher than that proposed under

RFCTLARRA, such as that for subsistence allowance. In the RFCTLARRA the amount given is Rs.

36,000 per annum, while under this project the subsistence allowance is Rs.40,000. The SCDP

recognizes squatters and encroachers which the RFCTLARRA does not.Some of the entitlements

included in the Entitlement matrixare, compensation as proposed in the RFCTLARRA or through

negotiation as per the Karnataka Highways Act 1964, with a provision of 25 % additional amount for

consent award; 100% solatium for all land and asset acquisition; choice of annuity or employment for

those who loose complete commercial structure for title holders; for tenants who are residing more

than 3 years and do not own homestead land will get house construction allowance, according to

conditions specified; transportation allowance upto Rs.50,000; one time resettlement allowance of

Rs.50,000 and Rs.25,000 for the loss of cattle shed. All the rates will be revised annually with 10%

increase on April 1, every year.

vii. For squatters in Yargatti the construction of the vendor market will be completed by August 2015,

and all the 106 affected persons which includes the host population will be shifted by September

2015, prior to handing over of the land to the contractor. In the event that the vendor market cannot be

constructed, assistance to the squatters will have to be provided according to the Entitlement Matrix,

prior to shifting them.All R&R and Land Acquisition will be completed by October 2015, which is the

time of handing over of Milestone III. (All R&R and LA locations are in Milestone III). The Executive

Engineer KSHIP Belgaum, with inputs from Monitoring consultant, will be responsible for certifying

that payment for compensation and assistance is completed, before handing over Milestone III to the

Contractor. He will also certify prior to handing over of the land in first two milestone that the lands are

free of encumbrancesafter due verification.

viii. This RAP will be implemented by Karnataka PWD-PIU Social Development Resettlement Cell.

There will be dedicated staff of one Social Development Officer and two Social Welfare Officers, of

which one will be a woman, in the KSHIP Belgaum office for implementation. The Special Deputy

Commissioner assisted by the Assistant Commissioner LA will be responsible for land acquisition

activities and the Chief Administrative Officer will be responsible for all Resettlement and

Rehabilitation works. At the Division level the Executive Engineer KSHIP, Belgaum Division will be

responsible for implementation of the RAP.The grievance redressal cell which has been already been

constituted for Belgaum District will be for this project also, with representatives of affected persons

form this project. An independent agency will be hired for Monitoring support.

ix. The RAP provides the implementation schedule which is linked to the commencement of civil

works. The civil works for the first and second milestone will commence in December 2014. There is

no land acquisition in milestone I and II. Land acquisition is there in the third milestone, which will be

made available to the contractor by October 2015. The R&R activities is concentrated in Yargatti

Town, where there are 61 PAFs who are non-titleholders who will be shifted to a vendor market which

will be constructedunder the project and another 45 non-titleholders who are the host population

getting affected in the area where the vendor market will be constructed. The RAP will be

implemented over a period of 1year starting from the date of its approval by GoK. Implementation

activities include land acquisition and compensation payment, relocation and rehabilitation.

x. The estimated total budget for the implementation of RAP is Rs. 13.58 Crore.

xi. The RAP Executive summary and the R&R policy will be translated in Kannada and disclosed

through public consultations. Disclosure meeting was held on 14.8.2014 at Yargatti. The Draft RAP

has been disclosed on the KSHIP, Government of Karnataka website. In addition, copies will be kept

in: (i) State Government Library at Bangalore; (ii) –Belgaum District library and (iii) in the Panchayat


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offices along the project roads. The RAP document willalso be available at the World Bank Info Shop

at Washington DC and New Delhi as per the Disclosure Requirements of BP 17.50 of the WB.


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CHAPTER I – INTRODUCTION

1.1 Project Background

1. The Government of Karnataka intends to improve the institutional effectiveness of the road sector

agencies to deliver effective and safe roads with comprehensive strategic and institutional measures

to be evolved through ‘Safe Corridor Demonstration Program (SCDP)’ selecting two pilot corridors.

With World Bank assistance, the PWD, together with the Home, Health, Education and Transport

Departments will undertake a multi sectoral safety program on two pilot corridors.

2. The road safety initiatives taken up on these demonstration corridors are; improving the

engineering conditions, strengthening enforcement, enhancing road safety education and improving

emergency medical response. ‘Engineering Corrections’of the two corridors will be taken up as per

International Road Assessment Programme, (iRAP) recommendations to achieve a minimum of three-

star rating (taken up by KSHIP,PWD).The corridors have been identified and an iRAP study has been

carried out on them. This corridor, in the north of the State, is a 186km length of SH20 between the

flyover Junction with National Highway (NH) 4 in Belgaum, and the junction with NH 13 at Hungund.

3. Vic Roads Consultants submitted a report in August 2012 with a summary of the conclusions that

have been based on the inspections of the SCDP corridors as to which engineering actions, identified

in the iRAP studies, might best be pursued to produce the maximum safety benefit to the corridors

concerned.From the review undertaken of the SCDP corridor on the SH20, it was suggested that the

62km Western Section, from Belgaum to Yaragatti (Km 0.000 to Km 56.343) of link 1K (KSHIP-I) and

part of Yaragatti to Lokapur (Km 38.950 to Km 44.358) of link 1J (KSHIP-I), provides a variety of road

safety challenges for a Safety Corridor program, that remains representative of the originally proposed

180+ km length.

4. The Junction improvements will take place between Belgaum to Yargatti, which has been widened

and improved under the Karnataka State Highways Improvement Project I.

1.2 Description of the project

5. The project is in Belgaum district covering 3 taluks – Bailahongal, Belgaum and Saundatti. There

are 9 villages in Bailahongal, 11 in Belgaum and 7 in Saundatti which will come under the project

area. The highway connects Kuduchi, Mutaga, Sambra, Marihal, Nesargi, Yaragatti and ends at

Soppadla village.

6. The existing Right of way (ROW) varies from 20 m to 30 m. The sensitive accident spots observed

are mainly at junctions and built-up areas where pedestrians are at high risk. Also at Km 8.329, where

a temple is located at the ridge point of the road (both approaches at 4.5% grade) and there is no

extra carriage way width available for parking of vehicles and observed road side commercial

activities.

7. The project has identified the safety concerns on the road and has proposed suitable designs to

address the same. The project covers junction improvement of 14 major junctions and 29 minor

junctions, 2 truck parkings, 2 passing zones, one bridge improvement and one signalised 4 leg major

junction.


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1.3 Physical Characteristics of the project area

8. The project road rises a short distance from the town of Belgaum from a plain land up a hill through

a steep ghat-section on to a rolling country sloping eastward. Then it follows an easterly direction

along the valley side of the Malaprabha River and then the valley side of the Ghataprabha River Later

it follows the water-divide between the Ghataprabha in the north and the Malaprabha in the south for

some distance beyond Bagalkot. Undulating nature of the terrain all along this road corridor demands

careful maintenance of road drainage to prevent erosion.

9. The Existing road has 2-lane carriageway width with 1.0m paved shoulder on both side and four

lane divided carriageway (7m+7m) at Yaragatti and three lane undivided(10.5m) at near Belgaum..

The project highway predominantly passes through plain and in rolling terrain. Many stretches have S-

type and broken back curves. The pavement type all along project corridor is flexible.

10. In general the road runs through mainly rural areas, mixed nature with presence of agricultural,

vacant land and interspersed built-up area with intersections which lead to small villages and hamlets.

The traffic on this road is mostly cars with slow moving farm vehicles using the road for local access.

There are motorized two wheelers which are mostly used by local people to ply short distances

between or within the towns. Government buses (public transport) also use the highway for inter-town

and long distance travel services.

11. Some part of the project corridor traverses through Hill section, starts at Hanumanatti village and

ends at Karidiguddi village from Km 35.800 to 38.800 (approx. 3.0km) with maximum grade of 5-6%.

In this stretch road passes through various sharp curves, hair pin bends. There are no proper sign

boards at the curves and safety measures during night.

1.4 Magnitude of impacts

12. The overall objective of the project is to provide for safe travel for passengers and pedestrians

along this corridor. The outcome of the project is beneficial to all using this corridor. However, the

proposed project will have localised negative impacts at the major junctions where land acquisition will

be required and where improvements and widening will impact petty shops and other commercial/

vendor activity.

13. There are 48 PAFs who will loose a part of their agricultural land. Of these 25 PAFs are losing one

gunta and less than one gunta of land. The maximum loss of is of 13 3/4 guntas. There are49 PAFS

who are losing Gramthana land of which 46 are losing one gunta and less than one gunta of land.The

project impacts are as follows:

Table 1: Summary of Project Impacts

Sl.

No.

Impact Extent

1. Total Private Land to be acquired 02.34 1/4 Acres (2.14 1/2 acres

agricultural land; 0.19 3/4

Nonagricultural land

2. Total PAFs 226*

3. Total PAPs 552 **

4. Families Affected in KSHIP in who have not received

payment

1

5. Squatters - 106

6. Titleholders 113


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Sl.

No.

Impact Extent

7. Tenants 6

7. Titleholder PAFs needing relocation 0

*Note: There are a few cases where a single PAF is losing more than one survey number. The household scheduled filled is only one for such cases.

** This number will change, after the census survey for all the households are updated.

1.5 Objectives

14. This Resettlement Action Plan (RAP) is project specific RAP, which outlines the extent of impacts due to junction improvements on communities and the mitigation of the potential impacts. It details necessary implementation procedures for resettlement and rehabilitation. This RAP is prepared in accordance with the stipulations and guidelines provided in the Policy Framework for the Karnataka State Highways Improvement Project –II, The Right to Fair Compensation and Transparency in Land acquisition and Resettlement and Rehabilitation Act 2013 and World Banks Involuntary Resettlement Policy OP 4.12. The objective of this RAP is:

a. To Identify adverse impacts and determine how they could be overcome or substantially

mitigated;

b. To present the entitlements for the affected persons for payment of compensation and

assistance for establishing the livelihoods and ;

c. To present an action plan for the delivery of compensation and assistance in accordance with

the policy adopted for the project.

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.

1.6 Approach to Resettlement Planning

15. During the census survey it was seen that junction improvement will have impact on non

agricultural plots (gramathana), businesses and agricultural land. The impacts arelargely at Yargatti

Junction. Improvement work will require land acquisition. Most features of the RAP with regard to

implementation and institutional mechanism will follow that of the KSHIP II, including the process of

acquiring land through the KHA 1964. This document highlights the changes and additions in

entitlement matrix due to the RFCTLARRA 2013.

16. The RAP 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.

1.7 Right of Way and Corridor of Impact

17. The Right of Way 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. The preparation of the Land

Acquisition Plan is being done through the verification of land records for the ownership of


10

land.Though the road was covered under KSHIP I, during the social survey under this project

squatters were again identified, within the COI.

18. For this project, preparation of RAP associated with displacement is limited to the junctions only.

The corridor of impact is the width required for the actual improvement works, including medians,

shoulder, embankments and drains. 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 minimise displacement and other project impacts.

Those affected between the Corridor of Impact and Right of Way during the lifetime of the project will

be assisted in line with this project Entitlement Policy, if they are required to be affected for any

additional work required for this project.

1.8 Issues and limitations

1. In the census survey conducted, one PAF, Muchandikar Lakshman Kallappa, was identified

who was yet to receive compensation for the land lost under KSHIP I. the PIU will ensure that

compensation for land acquired under KHSIP I is now paid calculated based on the provisions

of the RFCTLARRA 2013. The PIU will get consent of the affectedperson, that he is willing to

part with his land a second time, without having received compensation as yet for the

previous land lost to the project. This matter will be resolved before land acquisition process

is initiated.

2. Also the census survey took into one family per survey number as available for those loosing

agricultural land. At this stage we do not know who exactly will be losing land, as more than

one family is listed in the RTC. The actual land looser will be identified after the issue of 19

Notification of the KHA Act. This problem does not arise in the case of those losing non-

agricultural land.

3. The Census could not be done for all the households as in some cases the family members

were not present; also in some cases the families whose lands were being affected lived in a

different village far away from the road.

4. One vendor market is required at Yargatti Town to accommodate about 61 squatters, getting

affected due to junction improvement and another 45 squatters who will be affected in the

area where the vendor market will be set up.Detailed consultations have been held with the

affected families, host population and Yargatti Panchayat regarding this. The Panchayat has

agreed to provide land for the construction of Vendor Market near the bus stand. The cost

estimates for the vendor market has been included in the RAP. Details on the consultations

and the process followed in identification of the area of the vendor market have been given in

Chapter IV.


11

CHAPTER II - LEGAL FRAMEWORK AND RESETTLEMENT POLICY PROVISIONS

19. This chapter provides an overview of the applicable policy and Acts for the Project.The Policies

applicable to this project are the Policy Framework for Karnataka State Highways Improvement

Project –II, The Karnataka Highways Act 1964,theRight to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013and The World Bank Policy on

Involuntary as given in Operational Policy 4.12.

2.1 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

20. This is a new Act which will regulate land acquisition and provide rules for granting compensation, rehabilitation and resettlement to the affected persons in all projects in India. The Act provides for fair compensation to those whose land is taken away, bring transparency to the process of land acquisition and assure rehabilitation of those affected. The Act will replace the Land Acquisition Act, 1894, has come into force from 1 January 2014.The aims and objectives of the Act include:

To ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution of India, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families.

Provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition.

Make adequate provisions for such affected persons for their rehabilitation and resettlement.

Ensure that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.

21. The Act defines affected families as: (i) a family whose land or other immovable property has been acquired; (ii) a family which does not own any land but a member or members of such family may be

agricultural laborers’, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land;

(iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of land;

(iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land;

(v) a member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition;

(vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land;

22. Schedule II through VI outline the resettlement and rehabilitation entitlements to land owners and livelihood losers, which shall be in addition to the minimum compensation per Schedule I.Schedule III of Act proposes additional amenities over and beyond those outlined above. Schedule III proposes that the Acquiring Body shall provide 25 additional services to families affected by the land acquisition. Some examples of the 25 additional services include schools, health centers, roads, safe drinking water, child support services, places of worship, burial and cremation grounds, post offices, fair price shops, and storage facilities. 23. Clause 100 of the Act proposes the given entitlements as minimum. The state governments of India, or private companies, may choose to set and implement a policy that pays more than the minimum proposed by RFCTLARRA.

http://en.wikipedia.org/wiki/Land_Acquisition_Act,_1894http://en.wikipedia.org/wiki/Land_Acquisition_Act,_1894http://en.wikipedia.org/wiki/Constitution_of_Indiahttp://en.wikipedia.org/wiki/Industrialisationhttp://en.wikipedia.org/wiki/Urbanisation


12

The main features of the Act are:

(i) Acquisition for public purpose 24. The Land Acquisition Bill of 1894 facilitated the government to acquire private land for use for public purposes, or acquire land for companies proposing to utilize the land towards a public purpose. The new Act defines public purpose more specifically as compared to the earlier Act thereby reducing scope for different interpretations. The new Act does not allow any change in purpose after acquisition.

(ii) Social Impact Assessment mandatory 25. In the new Act the SIA is mandatory. It prescribes the need for a Social Impact Assessment by the Gram Sabha or an equivalent body in urban areas as part of the preliminary investigations for the land acquisition. The SIA will assess public purpose, minimum extent of land required, estimation of displacement and social impact on affected families including costs. The SIA will be appraised by an Expert Group. No land acquisition shall be initiated unless SIA is approved by the Expert Group.

(iii) Specific time lines for SIA 26. The new Act provides specific timelines for implementation. The timelines are: (i) Social Impact Assessment – 6 months (ii) Appraisal by Expert Group – 2 months (iii) Examination by Appropriate Government and Preliminary Notification – 12 months from the time of submission of Expert Group Report. (iv) Objections to be given within 60 days of Preliminary Notification (v) Public hearing to be conducted after Preliminary Notification (vi) Draft Declaration and R&R Scheme to be done after Public hearing, time taken from Preliminary Notification draft declaration – 12 months (vii) Compensation amount to be paid 3 months from award and R&R amount within 6 months (viii) infrastructure amenities to be provided within 18 months from award. 27. The process will lapse in case no land acquisition notification happens after twelve months of the EG report. Further, the R&R award should be made within twelve months from public declaration of the R&R scheme. Such a timeline is however extendable by the appropriate Government by another twelve months if deemed necessary.

(iv) Retroactive Clause 28.The new act protects those losing land under the retroactive payment under Clause 24. In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation, rehabilitation and resettlement shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed. 29. In case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act: 30. Also where an award has been made and compensation in respect of a majority of land holdings has not been accepted, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.The benefit of the retroactive clause will ensure that projects are implemented with minimum delays.

32. Under the new Act the entitlements and procedure of calculation of the compensation will ensure that compensation for land will be based on the calculation of market value. The highest of the 3 calculations as given below will be adopted. (a) the market value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) consented amount of compensation as agreed upon in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:


13

33. The date for determination of market value shall be the date on which the notification has been issued under Section 11.The market value would be multiplied by a factor of, at least one to two times the market value for land acquired in rural areas and at least one times the market value for land acquired in urban areas.

(v) Payment of solatium 34. The Act stipulates a solatium equal to 100 percent of the market value of the property including value of assets.

(vi) Payment of Resettlement and Rehabilitation assistance 35. Thenew Act provides resettlement assistance for all those who are losing livelihood due to land acquisition. The Act in Clause 100 proposes the given resettlement entitlements as minimum. The state governments of India, or private companies, may choose to set and implement a policy that pays more than what is proposed in the Act.

(vii) Restrictions on acquisition of irrigated multi-cropped land 36. In order to safeguard food security, the Act restricts any acquisition of irrigated multi-cropped land except for exceptional circumstances. An equivalent area of culturable wasteland or land value has to be deposited with government in the case of such an acquisition.

(viii) Multiple displacements 37. The Act under Section 40 provides additional benefits for those with multiple displacements, additional compensation equivalent to that of the compensation determined will be paid for second or successive displacements

(ix) Formal and transparent mechanism for R&R implementation prescribed 38. The Act has outlined a structured institutional framework at the Centre, State and Project level to carry out the acquisition and R&R : (i) at the Central level is the National Monitoring Committee (ii) at the State level there the State LA and R&R Authority, Committee constituted by appropriate Government and State Commissioner R&R (iii) at the Project level is the District Collector, Administrator R&R and R&R Committee. 39. Overall The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act provides a framework in which the interest of the land looser is protected. The Act also empowers the government to some extent for defined purposes in order to support infrastructure development and industrialization. The new Act also increases the overall cost and time required for land acquisition, thereby compelling project owners towards more efficient utilization of land. How the Act will work is yet to be seen.

2.2 OP/BP 4.12 - Involuntary Resettlement

40. World Bank addresses Involuntary Resettlement with its Operational Policy 4.12. The important

clauses of the World Bank Policy in preparation of resettlement plan and policy framework includes

the following:

(a) Ensure that the displaced persons are informed about their options and rights pertaining to

resettlement;

(b) Consulted on, offered choices among, and provided with technically and economically

feasible resettlement alternatives;

(c) Prompt and effective compensation at full replacement cost for losses of assets;

(d) Provide assistance and allowances;

(e) Provide equivalent productive assets for the loss of residential house, agricultural land etc.;

(f) Provide support for the transition period (between displacement and livelihood restoration);

(g) Provide land related development assistance (credit facilities, training and job opportunities);

(h) Preference should be given to land based resettlement strategies for displaced persons

whose livelihoods are land-based;

(i) Cash compensation level should be sufficient to replace the lost land and assets at full

replacement cost in local markets;


14

(j) Eligibility of Benefits include, the PAPs who have formal legal rights to land (including

customary and traditional land rights recognised under law), the PAPs who don't have formal

legal rights to land at the time of census but have a claim to such land or assets and the

PAPs who have no recognisable legal right to the land they are occupying;

(k) Particular attention will be paid to the needs of vulnerable groups among those displaced,

especially those below the poverty line, landless, elderly, women and children, ethnic

minorities etc;

(l) The displaced persons and their communities will be provided timely and relevant information,

consulted on resettlement options, and offered opportunities to participate in planning,

implementing, and monitoring resettlement. Appropriate and accessible grievance

mechanisms are established for these groups

41. IR policy details the requirement of a resettlement policy inclusive of all the above points. It also requires that a project prepares a SIA and RAP.

2.3 OP/BP 4.10 - Indigenous People

42. OP/BP 4.10 directive provides policy guidance to: a) ensure that indigenous people benefit from development projects, and b) avoid or mitigate potentially adverse effects on indigenous people, tribes, ethnic minorities, or other groups. It provides directives for preparation of indigenous people development plan (IPDP). The pre requisite for successful IPDP includes:

Prepare a plan based on people's choice;

Avoid or mitigate adverse trends;

Development activities adaptable to the needs and environment of indigenous people; and,

Encourage early handing over of project management to local people.

43. The OP 4.10 elaborates the contents and the component of the IPDP. The World Bank expects that the IPDP needs to be implemented separately untied with the primary project's objectives. Appropriate existing institutions, local organizations and non-governmental organizations (NGOs) with expertise in matters relating to indigenous people should implement the plan. The IPDP for indigenous people should include: (i) Assessment of legal framework; (ii) Baseline data; (iii) Land tenure; (iv) Strategy for local participation; (v) Technical identification of development or mitigation activities; (vi) Institutional capacity; (vii) Implementation Schedule; (viii) Monitoring and evaluation; and,(ix) Cost estimates and financial plan.

44. An IPDP is not required for this project at this stage. An IPDP will be required only the above pointsare triggered. 2.4 Karnataka Highway Act 1964

45. 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 –II through the “The Karnataka Highways Act 1964”(KHA,1964) instead of using the Land Acquisition Act of 1894. Chapter III on Land Acquisition and Compensation Payment discusses the KHA. The process of compensation is further elaborated in Chapter III and this is now replaced with the provisions of RTFCTLARR Act. .

2.5 Comparison of National and KSHIP II Policies with World Banks IR Policy

46. A comparison has been made with the RFCTLARRA, KSHIPII policy and the World Banks IR Policy. The RFCTLARRA regulates land acquisition and provides rules for granting compensation, rehabilitation and resettlement to the affected persons in all projects in India. It provides a systematic approach to address resettlement issues in India and significantly closes the gaps with the IR Policy of World Bank. The KSHIP II policy will be updated underthis project to address gaps in the existing policies which are relevant for the project.


15

Table 2: Comparison of the RFCTLARRA 2013, KSHIP II with the key indicators of the World Bank Policy and Gaps to be filled

World Banks

IR Policy

RFCTLARRA 2013 KSHIP II Policy Gaps to be

filled

1 Compensation

to be paid at

Replacement

Cost

The new bill provides the market value with a

detailed calculation of market value which, includes

(i)value of land to be determined as

provided under section 26 plus ;

(ii) Factor by which the land value based on

calculation under Section 26 is to be multiplied in

the case of rural area is 1 – 2 based on distance of

the project from urban area, as may be notified by

the appropriate Government. And by a factor of 1

for urban areas, plus (iii) Value of assets attached

to land or building under section 31plus Solatium

Equivalent to 100% of the market value of Land,

multiplied by the factor specified for urban and

rural areas.

3 Compensation

and

assistance to

be extended

to all those

affected

irrespective

legal status

Under second schedule it is mentioned

resettlement entitlement will benefit families whose

livelihood is primarily dependent on land acquired,

which include tenants/sharecroppers, agricultural

laboures. However, there is no reference to

squatters and encroachers

Addresses

squatters and

encroachers

Unit costs

are updated.

4 Cut -off Date Those living 3 years prior to acquisition will be

considered for benefits.

The date of

census survey is

considered as the

cut off date

5 Additional payment for those families facing

multiple displacement

The

compensatio

n will be

paid at two

times.

6 Where award for a previous project has been made

and land not acquired for 5 years the land goes

back to the land owner. Where award has been

made and the amount has not been deposited in

the court the compensation has to be calculated

based on the New Land Act

Compensati

on will be

paid as per

RTFCTLAR

R Act

provisions

7 Social Impact

Assessment

(SIA)

to identify the

impacts, risks

The bill proposes preparation of SIA study under

Chapter 2, Section 4.

Social

Assessment

Report is prepared


16

and views of

potential

project-

affected

persons and

communities

5 Preparation of

a

Resettlement

plan and

Census

Survey to

address

adverse IR

impacts.

Provision for preparation of Rehabilitation and

Resettlement Scheme under section, which is

similar to RP.

RAP is prepared

6 Consultation

with affected

persons

Proposed in different sections throughout the bill,

Section 17, para 4, Section 4 para 1 to give a few

instances.

7 Disclosure of

involuntary

Resettlement

information to

stakeholders

Provisions for disclosure is there -Publication of

SIA study under Section 6, Publication of the

Rehabilitation and Resettlement Scheme under

section 19

8 All

compensation

to be paid

prior to

displacement

andthe

commenceme

nt ofcivil work.

Possession of land is after the collector ensures full

payment of compensation as well as resettlement

benefits to be paid within 3 months for

compensation or 6 months for other benefits from

the date of award.

All compensation

to be paid before

start of civil works

9 Special

assistance for

vulnerable

households.

There are specific provisions for scheduled Castes

and Scheduled Tribes under Section 42, plus

additional benefits as given in Second Schedule

Covers other

groups such as

women headed

house holds

10 Other

Allowance

such as

subsistence/

transition,

shifting

allowance

Provisions for all allowance given in Second

Schedule.

11 Livelihood

restoration

Provides for training and livelihood restoration

measures under Second Schedule which also

includes a job in the project activities if the scope is


17

available.

12 Grievance Redressal Mechanism.

The bill has a detailed grievance mechanism

proposed at all levels starting from the gram sabha

upto the Government level.

13 Monitoring Monitoring is only proposed at the national level. Regular

monitoring at the

project level is

proposed.

47. Taken together, The KSHIP Policy will establish near equivalence of World Banks IR Policy. Adoption of the above principles for the project would ensure that the policies would mesh in their application to this project.

2.6 SCDP Policy

48. Based on the existing Acts and Polices applicable to the project, the Project Specific Entitlement matrix which is based on the KSHIP II policy has been updated, taking into consideration the recommendations of the RFCTLARRA 2013.

2.7 Impacts and Entitlements

49. This policy addresses the direct and indirect impacts of project construction and operation on affected persons, families, households, communities, and groups. The most direct and immediate impacts are those associated with project construction, mainly land acquisition. Mitigation is provided through compensation and assistance to project-affected persons, families, households, and groups. These social units are entitled to compensation and assistance on the basis of this policy framework adopted by the project. 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.

50. 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 socio-

economic data. Collective impacts on groups represent direct and indirect impacts. There is

one shrine, in this project that is likely to be impacted, but during construction it will be seen

whether it can be retained. If not, then it will be replaced by the project in consultation with

the people who use it, in an appropriate location identified by them. The GOK from time to

time will make amendments in this policy as and when required.


18

2.8 Corridor of Impact

51. Right of Way 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. Displacement under the project will be limited to the corridor required for improvements. This corridor is referred to as the Corridor of Impact. Within this corridor, there should be no structures or other hindrances. The advantage of this approach is that such a corridor is easier to maintain free of encumbrances than the full Right of Way. Where the COI is beyond the RoW land acquisition will be required. In this project, even though this road was upgraded under KSHIPI, during the census survey it was seen that there were squatters and encroachers in the COI.

2.9 Targeted support to vulnerable groups

52. 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.

2.10 Option and Choices

53. 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 counselled so that they are able to make informed choices among the options provided.

2.11 Principles

54. 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 Action Plan (RAP). The RAP will contain the implementation details on how to ensure that principles and provisions of this policy can be implemented. The Resettlement Action Plan will describe the approach to be followed in minimizing and mitigating negative social and economic impacts caused by the project, including displacement.

55. 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.

2.12 Updation of the Entitlement Policy

56. Taking into considerations the provisions of the RFCTLARRA 2013, the rates given in the KSHIP II will be revised.However if the rates given the KSHIP Policy is higher, then those will be retained taking into consideration a 10 % increase of the rates compared to the 2010-11 rates.The changes to be incorporated in the Entitlement Matrix for this project will include

a.The provisions of the new Act bill include a retroactive clause, in Section 24 will apply in the following cases:

a. If no award has been made under Section 11 of the LA Act 1894, then the new Act will apply;

b. Where an award under Section 11 has been made 5 years or more prior to the commencement of this Act, where physical possession has not taken place OR compensation not paid the said proceedings shall have deemed to have lapsed and the new Act will apply.

c. Also where award has been made and the deemed amount for the majority of the beneficiarieshas not been deposited in the account of the beneficiaries then the new Act will apply


19

d. Where possession has not taken place or compensation not paid due to process in the court of law,the period spent under litigation shall also be taken to account for lapse of 5 years, the application of the new Act.

57. The project based on KSHIP II experience, has been recognised and those living on Gramthana land. Persons who are residing on Gramthana land and have invested in building their house/structure, compensation will be paid for the affected portion of the structure and R&R benefits will be extended similar to title owners.

58.The entitlements and procedure of calculation of the compensation will ensure thatcompensation for land will be based on the calculation of market value. Of the 3 mentioned calculations whichever is higher, will be taken and the date for determination of market value shall be the date on which the notification has been issued under Section 11. The replacement value calculated will be multiplied by a factor of 1 for urban areas and 1-2 for rural areas depending on the distance from the urban area.The Act stipulates that the minimum compensation to be a multiple of the total of above ascertained market value, value to assets attached to the property, plus a solatium equal to 100 percent of the market value of the property including value of assets. Thus for urban areas the minimum negotiated value will be 2 times the guidance value and for rural areas it will be 4 times the guidance value. 59. In case of multiple displacement compensation twice the calculatedamount will have to be paid. By displacement it is understood as where one has to be physically relocated again. Based on our survey no such case was identified for this project. 60. If alternate Government land is not available for squatters loosing house – the cost of construction of house at Rs.1,50,000and the cost of site at Rs.40,000 will be made available to the squatter. 61. The minimum size of house of in rural area shall be as per Indira Awas Yojana. In urban areas,plinth size will be not less than 50 sq mts. However the size of houses as given in the KSHIP Policy will be retained for this project 62.Construction allowance of a minimum of Rs.1,50,000, per family in urban area if the family opts not to take the dwelling unit provided by the project. In rural areas it will be the cost equivalent of the constructed house which is Rs1,50,000, based on the Indira Awas Yojana program. 63. Choice ofannuity or employment – the following options are to be provided: (a) where jobs are created through the project, ‘after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or (b) one time payment of Rs.5,00,00.00 per affected family; or (c) annuity policies that shall pay not less than Rs.2000.00 per month per family for twenty years, with appropriate indexation to the Consumer Price Index for Agricultural Labourers. This will be provided only to those who loose one hectare of unirrigated land or half hectare of unirrigated land and those who loose their complete commercial structure. 64. Other assistance includes:

(i) Subsistence allowance will be a minimum of Rs.3000 per month for one year. In case Scheduled Castes or Scheduled Tribes displaced for Scheduled area such families shall receive Rs.50,000. The subsistence allowance for SCDP will be proposed at Rs.40,000, taking into consideration a 10% increase from the rates given in 2010-2011

(ii) One time Transportation allowance of Rs. 50,000. (iii) One time assistance of Rs.25,000 for cattle shed (iv) Families who are small traders, artisans or self-employed who own non-agricultural land and

are displaced, a onetime grant of a minimum of Rs.25,000. (v) Each family will get one time resettlement assistance of Rs.50,000. (vi) For non –titleholders shifting allowance will be revised from the existing rate of Rs. 5000 to

Rs. 20,000. (vi) The construction cost for non-titleholders house will be Rs.1,20,000, linked to progress of

construction. (vii) For vulnerable groups one time lump sum assistance of Rs. 40,000 among titleholder and

those on gramthana land and Rs.20,000 for non-titleholder. Additional benefits to SC ST


20

according to the RFC TLARRA. This will be restricted to those who have no one or cannot be provided with alternative resources.

2.13 Entitlement Matrix

65. 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 3

Table 3: Entitlement Matrix

No Impact

category Entitlements Remarks

I. Title Holders

(a) Loss of land 1. Compensation through

negotiation as per Karnataka

State Highway Act, 1964 and

as modified or as per the

provisionof RTFCTLARR Act,

2013.

2. Amount equivalent to current

stamp duty and registration

charges on compensation

amount for replacement of lost

assets;

3. Additional25%

compensation(of the actual

land value) in case remaining

land is severed;

4. Loss of perennial crops and

non-perennial crops will be

compensated in accordance

with Horticulture department

valuation process;

5. A grant of Rs. 25,000 for

replacement of Cattle shed;

6. Water yielding bores will be

replaced in the remaining land

holding subject to availability

of water; in case water is not

available the replacement of

the bore well will be provided.

7. In case of affected Bagar

hukum land owners,

compensation will be paid

similar to landowners

8. In case land owners become

marginal farmer, landless or

those who are already

marginal, the following

entitlement will be provided:

(a) Subsistence Allowance

Higher of (i) minimum value

as per registered sale

deeded; (ii)average sale

price for similar land

ascertained from the

highest 50% of sale deeds

of the preceding 3 years or

consented amount in case

land has been acquiredfor

PPPs or private companies

If land owners comes

forward for negotiated

settlement an additional25

%of compensation will be

paid2 .

Solatium equivalent to 100

% of the value of assets

attached to the land.

Bagar Hukum land losers

are those whose

application is pending for

disposal with Competent

Authority (Tahsildar) and

are cultivating the affected

lands at the time of

acquisition. A certification

from Tahsildar is required

for such applicants to

receive applicable

entitlements.

All taxes including income

tax if any, will be borne by

KSHIP/KRDCL.

Difference amounts will be

paid, if required in cases

where compensation paid

by consent agreement after

2 The multipliedfactor adopted by GoK for distance from urban area to the affected area will be applied.


21

No Impact


ofRs.40,000/-,(b) Assistance

of Rs.1,00,000/- for creating

Income Generating Assets

and (c) Training assistance.

9. Annuity /Lump sum or

employment benefits as per

schedule 2 of RTFCTLARR

Act, 2013, will be provided if

the land owners loose one

hectare of un-irrigated land or

half a hectare of irrigated land.

10. Compensation for land

includes compensation for all

assets attached to land.

11. In case of those who lose a

narrow stretch of land and not

eligible for any R&R benefits

will be offered additional

allowance as follows:-

(a) Loss of land upto 5 guntas

Rs.30,000/- (b) Above 5

upto 20 guntas Rs.

40,000/- (c) Above 20

guntas Rs. 50,000/-

12. An additional amount of 12%

per annum on the

compensation amount will be

paid as interest from the date

of publication of preliminary

notification toAward

announcement.

January 01, 2014 and prior

to the Government order for

this updated Framework.

.

(b) Loss of

Residential

structures

1. Compensation at current PWD

scheduled rates without

depreciation with Solatium

equivalent to 100% of the

value.

2. In case of total loss of house

in rural areas, a constructed

house shall be provided as

per the Indira Awas Yojana or

other Government program

houses specifications OR a

construction cost of Rs.

1,50,000 will be offered if the

affected family opts not to take

a house;

3. If a house is lost in urban areas, a constructed house shall be provided based which

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 families are displaced in

2 Kms continuous stretch3

and facilities in line with the

provisions of Schedule 3 of

RTFCTLARR Act, 2013 will

be provided.

The maximum plot size will

be equivalent to size of369

sqmt/1200sqft in rural area

and 184 sqmts /600 sqft in

urban areas.

Alternative house will be

3 Resettlement sites will have infrastructure facilities as given in Schedule III of the RFCTLARRA.


22

No Impact


will be more than 50Sq.meters or if the affected family prefer not to opt for a house, they will be provided with Rs. 2,00,000 will be offered.

4. Shifting assistance of Rs.

50,000

5. Subsistence allowance of Rs.

40,000.

6. Resettlement assistance of

Rs.50,000.

7. In case of those who have

homestead lands, Rs. 50,000

will be provided towards site

development.

8. Additional 25% structure

compensation for partially

affected structures towards

reconstruction of houses.

offered those who are

residing in the project for 3

years prior to first

notification and do not have

homestead land.

Those who are residing for

less than 3 years and do not

possess homestead land

will be given, 50% of the

above cash amounts

towards arranging

alternative housing.

People have right to salvage

the affected materials.

No family affected by

acquisition shall be given

more than one house.

(c) Loss of

commercial

structures

1. Compensation at current

PWD scheduled rates without

depreciation, with Solatium

equivalent to 100% of the

value.


50,000

3. Subsistence allowance of Rs.

40,000.

4. Resettlement assistance of

Rs.50,000.

5. One time grant of Rs. 50,000 for reconstruction of affected structures

6. Annuity / Lump sum or

employment benefits as per

schedule 2 of RTFCTLARR

Act, 2013 for those loosing

complete commercial

structure and remaining

structure is unviable for

containing business.Additional

25% compensation for

partially affected structures

will be provided.

Shopping units with 100-150

sq.ft will be constructed if

more than 20 shops are

affected in a continuous

stretch of 2 kms, in lieu of

Income generation asset

support with basic

amenities.

People have right to salvage

the affected materials

Training for self-employment

will be provided to one adult

per family as needed

(d) Loss of

commercial

cum

residential

structure

1. Option of house and other

entitlements as provided

under loss of residential

structure or entitlements as

provided for loss commercial

structure.

II. Tenants


23

No Impact


(a) Residential For those tenants residing less

than 3 years on date of

preliminary notification, the

following will be provided:

1. Rental allowance for 6 months

@ Rs. 2000 per month in rural

and Rs. 3000 in urban areas


50,000.

3. In case of those who are

residing for more than 3 years

and do not have a homestead

plot, will be extended

assistance such as cash

allowance for house

construction, shifting and

subsistence allowance as

available to owner of

residential houses.

This is restricted to only

permanent residents of the

area / village subject to

production of certificate to this

extent from concerned

Tahasildar.

(b) Commercial For those tenants residing less

than 3 years the following will be

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