karachi neighbourhood improvement project …€¦ · in accordance with the project’s...

7/10/2019

KARACHI NEIGHBOURHOOD IMPROVEMENT PROJECT (KNIP)PLANNING & DEVELOPMENT

DEPARTMENTGOVERNMENT OF SINDH

ABBRIVIATED RESETTLEMENT ACTION PLAN(ARAP)

SAUDABAD CHORANGI TO THADDO NALA BRIDGE

INCLUDING DULIZAING OF BRIDGE KHOKRAPAR, MALIR

FINAL DRAFT JULY 19

Planning & development Department, Govt of Sindh

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EXECUTIVE SUMMARY

Background

The city of Karachi has been facing several challenges in city management for the last few decades. One

aspect of this has been a significant decline in public access to and quality of infrastructure and public spaces

in the city. This has led to impacts on livelihoods and safe movement of people in Karachi with reduced

confidence in governance. To address these issues, the Government of Sindh (GoS), with support from the

World Bank (WB), initiated the Karachi Neighborhood Improvement Project (KNIP), with an aim to enhance

public urban spaces in targeted neighborhoods and to improve selected administrative services and municipal

finance management in Karachi.

The KNIP envisages a number of interventions including improving / rehabilitating of different roads in Karachi

including Malir and its neighborhoods. These interventions involve some small-scale relocation and livelihood

impacts. As the number of Affected Persons (APs) is less than 200, the World Bank OP 4.12 requires the

preparation of an Abbreviated Resettlement Action Plan (ARAP) to manage these impacts. A total of 12

households, including 44 household members, are impacted in this sub-project. This ARAP has been prepared

in accordance with the project’s Resettlement Policy Framework (RPF) which satisfies the national regulatory

framework and the World Bank Operational Policy 4.12 on involuntary resettlement.

Overview the Sub-project

Saudabad Chowrangi to Thaddo Nallah Road also called Liaquat Road starts from Saudabad Chowrangi (also

known as Saudabad Square) and ends after crossing Thaddo Nallah Bridge Khokrapar No.1, No.2, No.5 and

National Coach Last Stop. Cost of this sub-project is PKR 665,127,382/- while implementation time is only six

months from the issuance of commencement letter.

The interventions proposed in the subproject area include:

a) Rehabilitation of existing dual carriage way and side streets. All sections of the road will be rehabilitated /

constructed within the existing ROW of the road;

b) Improved intersection design for efficient traffic flow;

c) Reconstruction / dualization of bridge over Thaddo Nallah - Piling for the column will be done in the Thaddo

Nallah bed to support the girders and traffic load.

d) Construction of a well-designed carriageway to access Memon Village;


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e) Improved pedestrian safety with appropriate mid‐block crossings and junction crossings;

f) Provision of twelve (12) bus stops along the subproject road. Footpath from road level will be elevated at 0.30m

for easy access;

g) Provision of suitable number of trash bins along the subproject road;

h) Provision of eleven (11) Pedestrian Crossings at road level controlled by pelican signals and table hump along

the carriageway at footpath level;

i) Beautification and rehabilitation of small deserted park area. This will be developed for suitable play area and

seating space for community with shaded trees, large size boulders, seating arrangement, pavements etc.

with provision of safety features such as pelican crossing, bollards and sign boards;

j) Relocation of 69 electric poles on the existing footpath and median and 46 poles on the existing carriageway.

These poles will be shifted to the footpaths. Also new poles will be installed along the median;

k) Relocation of the street light and telephone poles. Thirteen (13) poles on the existing footpath, greenbelt and

median, while twelve (12) poles on the existing carriageway/roundabout will require relocation. These poles

will be shifted to the median of the road wherever the space is available while avoidance of access to the

commuters.

l) Providing road‐calming features;

m) Rehabilitation of the existing damaged KWSB network and the relocation of manholes which are currently

located in a haphazard way. Relocation of thirty (30) manholes located along the existing service road and

green belt; 70 along existing footpaths and eighty (80) along the existing carriageway and roundabout, and

beneath the proposed footpath;

n) No storm water drainage exists along the subproject road. According to the onsite observations, the road

shows major water stagnation in some patches at the start of the section during monsoon. However, section

near the Thaddo Nallah is drained easily. A storm water drainage conduit is proposed below the footpath along

the whole subproject alignment;

o) Improved mobility with well‐designed, well‐spaced and appropriately distributed bus stops; and

p) Capacity building programs for DMC to ensure effective maintenance

Sub-project Categorization

The implementation of this sub-project will cause relocation and livelihood impact issues due to clearance of

Right of Way (ROW). For execution of civil works, partial demolishing of temporary structures, dislocation of

small business structures i.e kiosk belonging to squatters/informal vendors, and removal of minor shrubs will

take place within the RoW. This ARAP has been prepared to address all resettlement issues and address


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impacts on affected persons in order to execute the sub-project in a sustainable manner. The sub-project is

likely to cause low to moderate level of environmental and social impacts in accordance with characterization

criteria as specified in the RPF.

Implementation Arrangements and Plan

The Project Implementation Unit (PIU) will be responsible to ensure effective implementation of the ARAP.

The responsibilities in this regard include:

Description Responsibility Timing

Step 1 RAP or ARAP implementation

(steps involved: confirmation of

PAPs and the associated

resettlement impacts; finalization of

compensation amount; completing

documentation requirements for

making the payments; payment of

compensation; addressing and

resolving grievances; continued

consultations and liaison with PAPs

and other key stakeholders;

complete documentation and

reporting)

PSCMC Before the physical

implementation of

subproject

Step 2 Land clearance and issuance of

certificate for civil works

commencement

Resettlement Specialist

and PSCMC

Before the

Commencement of

civil work

Step 3 Consultation with PAPs and other

stakeholders

Resettlement Specialist

and PSCMC

Throughout the project

duration

Step 4 Engaging M&EC PIU Before implementation

of first RAP/ARAP

Step 5 Monitoring of RAP/ARAP

implementation

M&EC During RAP/ARAP

implementation

Step 6 Third Party Monitoring (TPM) M&EC/TPM

Consultants

On six monthly basis


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Description Responsibility Timing

Step 7 Evaluation of post-project impacts on

PAPs

M&EC Three months after

implementation of each

subproject.

Step 8 ARAP Completion Report PIU Within three months of

implementation of last

RAP or ARAP.

A tentative implementation schedule has been prepared. The implementation plan for the assistance for

affected persons described in this ARAP is to be synchronized with the implementation schedule, including

the procedure of assistance to the Affected Persons (APs) and complete disclosure of project documents to

the public.

Consultation

Consultations were carried out with the stakeholders and communities in the sub-project area. Consultation

meetings, sessions and focus group discussions were held to understand and record the views and concerns

of the local community on the proposed rehabilitation works. The concerns raised by the communities are

recorded and discussed in the community consultation section (Table 5 & 5.1). The objective of the

consultations was to provide a platform to the community, to voice their concerns or suggestions regarding

resettlement and livelihood impacts of the sub-project and to develop a sense of collective ownership for the

activities of the sub-project.

Main Findings

The main conclusions drawn from the ARAP studies are outlined below:

• Minimal or limited resettlement impacts on squatters/informal vendors, including dislocation of business

structures, community fixtures, and loss of income.

• There are no temporary land needs for the subproject as the materials will be stored and camps will be set-up

within the RoW.

• The structures which will need to be removed and relocated for construction purposes include 1 water tank

and 1 latrine, and 3 kiosks respectively.

• During construction 6 mobile vendors/hawkers will also be temporarily shifted to another nearby location. The

shifting of kiosks will also impact 1 female employee. (Annexure-A)


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• A Mosque Jamia Masjid Toheed falls within ROW. However, this mosque will not be disturbed during the civil

works and access to the community during the construction period will be ensured.

• On completion of rehabilitation work reliability and efficiency of the road and footpaths, and traffic flow will be

increased. Interventions will have positive impacts on the incomes of the business community in the project

area.

• To mitigate the adverse impacts due to the removal of minor shrubs the provision for replanting through the

respective contractor has been proposed.

• Cut-off date for the proposed sub-projects is 16th November 2018.

Resettlement Budget

Total estimated cost for the implementation of the ARAP is expected to be PKR 0.320 million. This includes

compensation cost for affected water tanks, kiosks and informal vendors carrying out their livelihood activities

within the ROW. In addition, the livelihood allowance and vulnerability allowance are allocated in the

resettlement budget.

Institutional Arrangements

Implementation of the ARAP will be responsibility of the PIU-KNIP. The KNIP has full time technical staff i.e

Resettlement, Social Development, M&E, Gender and Environment specialists capable of carrying out the

implementation and monitoring of ARAP. An engineering firm (ECIL) has been recruited which apart from the

engineering staff also has Health, Safety and Environment (HSE) staff. They will report to PIU and prepare the

implementation program, quality of works, delivery of works, and certify the quantities of work carried out and

the payments. They will also be tasked to support the PIU for implementing the ARAP mainly in: consultations

with PAPs and local communities; recording and resolving immediate grievances which arise during the civil

work; and, on site monitoring & supervision.

The Construction Contractor (CC) will be responsible for the on-field implementation of the ARAP. The

Contractor will also be responsible for training the construction crew in all aspects and implementation of the

ARAP. The key positions i.e one HSE Officer and two HSE supervisors (one for social/resettlement and one

for environment) will be filled within the contractor’s staff for implementation of the ARAP.

The regular monitoring of sub-project components and activities will be key to successful execution of the

project. The PIU will engage a firm for the monitoring and evaluation of the project. The firm, apart from the

engineering staff, will also have one environment specialist and one social, resettlement and gender specialist.

The M&E consultants will be responsible for (a) Monitoring of the physical progress; (b) Monitoring and

evaluation of the project impact; (c) Review and supervision of the environmental and social (including


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resettlement) aspects of the project; and (e) Provision of guidance to the management in early identification

and resolution of the project.


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Table of Contents 1. PROJECT DESCRIPTION ................................................................................................................................... 1

1.1. Background of Sub-project ....................................................................................................................... 1

1.2. Subproject Categorization ......................................................................................................................... 1

1.3. ARAP ........................................................................................................................................................... 2

1.4. Sub-project Alignment ............................................................................................................................... 2

1.5. Project Proponent ...................................................................................................................................... 3

1.6. Engineering Baseline and Details ............................................................................................................. 3

1.7. Objectives of the ARAP ............................................................................................................................. 5

2. Legal and Policy Framework ................................................................................................................................ 6

2.1. Resettlement Legal and Policy Framework .............................................................................................. 6

2.2. National Legal Instruments........................................................................................................................ 6

2.2.1 Constitution of the Islamic Republic of Pakistan............................................................................. 6

2.2.2 National Legislation ........................................................................................................................... 6

2.2.3 Pakistan’s Law and Regulatory System for Land Acquisition and Resettlement ......................... 6

2.3. World Bank Involuntary Resettlement Policy (OP 4.12) .......................................................................... 8

2.4. Comparison between LAA (1894) and World Bank Involuntary Resettlement Policy Principles and

Practices: ...............................................................................................................................................................10

2.5. Harmonization with World Bank Policies ................................................................................................12

3. SOCIO-ECONOMIC ASSESSMENT AND CENSUS SURVEY ..........................................................................13

3.1. Background................................................................................................................................................13

3.2. Scope of Land Acquisition and Resettlement .........................................................................................13

3.3. Approach and Methodology .....................................................................................................................13

3.3.1 Census Survey ...................................................................................................................................13

3.3.2 Area Profile ........................................................................................................................................13

3.3.3 Pretesting of Questionnaires ............................................................................................................13

3.3.4 Consultation with women .................................................................................................................14


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3.3.5 Collection of Secondary Data ...........................................................................................................14

3.3.6 Collection of Primary Data ................................................................................................................14

3.4. Methodology for Census Survey ..............................................................................................................14

3.5. Sub-Project Socio-economic and Resettlement Impacts .......................................................................15

3.6. Affected Structures ...................................................................................................................................15

3.7. Impacts on Vulnerable APs ......................................................................................................................16

3.8. Impacts on Women Headed Household ..................................................................................................16

3.9. Eligibility Criteria .......................................................................................................................................16

3.10. Construction Type of Affected structures ...........................................................................................16

3.11. Affected Trees ........................................................................................................................................17

3.12. Valuation of Assets ...............................................................................................................................17

3.13. Cut-off Date ............................................................................................................................................17

4. Compensation and Resettlement Assistance .....................................................................................................18

4.1. General .......................................................................................................................................................18

4.2. Relocation Options ....................................................................................................................................18

4.3. Entitlement Matrix .....................................................................................................................................19

4.4. Timeline of Relocation by Project Component .......................................................................................20

4.5. Compensation Committee ........................................................................................................................20

4.6. Procedure for Payment .............................................................................................................................20

4.7. Resettlement Budget and Financing .......................................................................................................21

4.8. Updating the ARAP ...................................................................................................................................21

5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION ........................................................22

5.1. Introduction................................................................................................................................................22

5.2. Objectives of Consultation .......................................................................................................................22

5.3. Consultation with Project Affected Person .............................................................................................22

5.4. First Round of Community Consultations ...............................................................................................24

5.5. First Round Findings of Public Consultation with Male Community Members ...................................24


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5.6. First Round Findings of Public Consultation with Female Community Members ...............................25

5.7. Second Round of Public Consultation ....................................................................................................25

5.8. Findings of Consultation Workshop ........................................................................................................25

5.9. Consultation with Host Community .........................................................................................................26

6. INSTITUTIONAL ARRANGEMENTS ..................................................................................................................28

6.1. Project Management Responsibilities .....................................................................................................28

6.2. Project Supervision and Contract Management Consultants (PSCMS) ...............................................28

6.3. Monitoring and Evaluation Consultant ....................................................................................................29

6.4. The Construction Contractor ....................................................................................................................30

6.5. Grievance Redressal Mechanism .............................................................................................................30

6.6. Gender Action Plan ...................................................................................................................................32

7. IMPLEMENTATION SCHEDULE .......................................................................................................................33

7.1. Introduction................................................................................................................................................33

7.2. Implementation Schedule .........................................................................................................................33

8. MONITORING AND EVALUATION ....................................................................................................................35

8.1. Introduction................................................................................................................................................35

8.2. Monitoring of ARAP ..................................................................................................................................35

8.3. Participation of APs in M & E ...................................................................................................................35

8.4. Reporting ...................................................................................................................................................35


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List of Figures

Figure 1.1 Location of Sub-project…………………………………………………………………….2

Figure 1.2 Section AA of Existing Road Sub-Project Alignment…………………………………3

Figure 1.3 Section BB of Existing Road Sub-Project Alignment…………………………………4

Figure 1.4 Section CC of Existing Road Sub-Project Alignment…………………………………4

Figure 1.5 Section DD & EE of Existing Road Sub-Project Alignment………………………….4

Figure 1.6 Thaddo Nala Bridge…………………………………………………………………………5

Figure 1.7 Institutional Arrangement of ARAP………………………………………………………30

List of Tables

Table 1 Existing Road Specification…………………………………………………………….….3

Table 2 Salient Features of Pakistan Land Acquisition Act 1984………………………….….8

Table 2.1 WB OP 4.12 Involuntary Resettlement an Pakistan LAA 1984………………….…...11

Table 3 Categories of Affected Structure……………………………………………………….…16

Table 3.1 Vulnerable APs…………………………………………………………………………….…17

Table 4 Key Resettlement Options ………………………………………………………….……..20

Table 4.1 Eligibility and Entitlement Matrix……….…………………………………………………20

Table 5 Summary of Community Consultation with Male Members………………………….25

Table 5.1 Queries and Responses……………………………………………………………………..26

Table 6 GRM Procedures and Responsibility……………………………………………………...31

Table 7 Implementation Schedule……………………………………………………………………33

List of Annexures

Annexure-A Impacts and Compensation………………………………………………………………….36

Annexure-B Topographic Maps……………………………………………………………………………..37

Annexure-C Pictorial View of Consultation……………………………………………………………….41

Annexure-D Details of Assets Valuation…………………………………………………………………..43


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Issue and Revision Record

Revision Date Originator Checker Approver Description

A 30/01/2019 Kashif Afzaal Resettlement Specialist

Nazeer A. Memon, DPD & ESRU

Abdul Kabir Kazi,

Project Director

First Draft ARAP

B 17/04/2019 Kashif Afzaal Resettlement Specialist


Abdul Kabir Kazi,

Project Director

Second Draft ARAP

C 08/07/2019 Kashif Afzaal Resettlement Specialist


Abdul Kabir Kazi,

Project Director

Final ARAP


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List of Acronyms

AHH Affected Household

AP Affected Person

ARAP Abbreviated Resettlement Action Plan

BoR Board of Revenue

BP Bank Procedure

CDC Compensation Disbursement Committee

CNIC Computerize National Identity Card

COI Corridor of Impact

DPAC District Price Assessment Committee

DC District Collector

DCO District Coordination Officer

DCR District Census Report

DED Detailed Engineering Design

DMC District Municipal Corporation

EDO Executive District Officer

EMA External Monitoring Agency

ESMF Environment Social Management Framework

ESMP Environment Social Management Plan

ESRU Environment Social & Resettlement Unit

FGD Focus Group Discussion

GAP Gender Action Plan

GRC Grievance Redress Committee

GRM Grievance Redress Mechanism

GoP Government of Pakistan

GoS Government of the Sindh

HSE Health Safety and Environment

IR Involuntary Resettlement

KMC Karachi Metropolitan Corporation

KNIP Karachi Neighborhood Improvement Project

LA Land Acquisition

LAA Land Acquisition Act, 1894

LAC Land Acquisition Collector


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OP Operational Policy

OPL Official Poverty Line

PAPs Project Affected Persons

PAPC Project Affected Persons Committee

P&DD Planning and Development Department

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

R&R Resettlement and Rehabilitation

ROW Right of Way

WB World Bank


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Definition of Key Terms

Compensation Payment in cash or kind for an asset to be acquired or affected by a project

at replacement cost.

Cut-off-date A cut-off date means the date after which people will NOT be considered

eligible for compensation i.e. they are not included in the list of PAPs as

defined by the census. The cut-off-date is normally established by the

borrower government procedure that establishes the eligibility for receiving

compensation and resettlement assistance by the project affected persons.

The cut-of-date is usually established with the imposition of section 4 of Land

Acquisition Act 1894.

Detailed Measurement Survey The detailed inventory of losses that is completed after detailed design and

marking of project boundaries on the ground.

Encroachers Means those who own property and extend it into an adjacent area that is not

owned by them.

Entitlement The range of estimate comprising cash or kind compensation, relocation

cost, income rehabilitation assistance, transfer assistance, income

substitution and relocation which are due to business restoration due to

PAPs, depending on the type, degree nature of their losses, to restore their

social and economic base.

Income Restoration Measures required to ensure that PAPs have the resources to at least

restore, if not improve, their livelihoods.

Involuntary Resettlement Resettlement is considered involuntary when affected individuals or

communities do not have the right to refuse economic and physical

dislocation that results from a development project.

Inventory of Losses Measurement of assets as a preliminary record of affected or lost assets.


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Land Acquisition The process whereby a person is compelled by a government agency to

alienate all or part of the land a person owns or possesses to the ownership

and possession of the government agency for public purpose in return for a

consideration.

Non-titled These are people with no legal title to land that they occupy.

Project Affected Person (PAP) Any person or household adversely affected by any project related change

or changes in use of land, water or other natural resources, or the person/s

who loses his/her/their asset or property movable or fixed, in full or in part

including land, with or without displacement, after the commencement and

during execution of a project.

Resettlement Action Plan The time-bound action plan with budget setting out resettlement strategy,

objectives, entitlements, actions, responsibilities, monitoring and evaluation.

Squatter Those occupying public lands without legal arrangements with the

Government or any of its concerned agencies.

Vulnerable Any people who might suffer disproportionately or face the risk of being

marginalized from the effects of resettlement; for example (i) female-headed

households with dependents; (ii) disabled household heads; (iii) poor

households; (iv) landless elderly households with no means of support; (v)

households without security of tenure; and (vi) ethnic minorities.


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1. PROJECT DESCRIPTION

The KNIP aims to enhance public spaces in targeted neighbourhoods of Karachi and improve the city’s capacity to

provide selected administrative services. The project focuses on three key areas: (i) improve livability, mobility,

safety and inclusion in targeted areas of Karachi city through public space improvements in selected

neighbourhoods and improved access to pedestrian facilities; (ii) initiate mechanisms for inclusive decision making

and planning for the city with different levels of government (provincial and local), private sector and civil society;

and to promote citizen participation in this process; and (iii) strengthen city management and institutional capacity

while supporting the preparation of a possible follow-on operation in Karachi focused on larger investments and

policy reforms. The project has three components. The infrastructure component aims to improve livability, mobility,

safety and inclusion through public urban space improvements in selected Neighbourhoods (Saddar, Malir and

Korangi) in Karachi (including both commercial and/or residential areas). The sub-component 1.2 includes Malir

Area Revitalization. In Phase-1, Khokhrapar Road from Saudabad Chowrangi to Thaddo Nallah Road has been

selected as a priority subproject for implementation in KNIP.

1.1. Background of Sub-project

Saudabad Chowrangi to Thaddo Nallah Bridge Road, also called as Khokrapar Road, starts from Saudabad

Chowrangi and ends after Thaddo Nallah Bridge via Khokrapar No. 1, 2, 3, 4, 5, National Last Stop and Sabir

Colony.

The following interventions are proposed in the subproject area: a) Rehabilitation of existing Round About, dual

Carriage way and service road; b) Rehabilitation / dualization of Bridge over Thaddo Nallah; c) Proposal of

intersection design to improve traffic flow and reduce the frequency of accidents; d) Tree plantation, and greening

and enhancing existing area located in the median of side street; e) Improve pedestrian safety with appropriate

mid‐block crossings, junction crossings; f) LED Lighting, road‐calming features; g) Improving drainage; h) Improving

mobility with well‐designed, well‐spaced and appropriately distributed bus stops; I) Developing parking areas; J)

Creating areas or trash disposal while addressing DMC's capacity to collect trash and maintenance capacity.

1.2. Subproject Categorization

The ESMF and RPF of KNIP defines that: i) an ESMP and ARAP/RAP will be prepared for subprojects requiring

new construction or having significant irreversible and widespread impacts, requiring land acquisition either

permanently or temporarily; ii) an ESMP (and a ARAP/RAP if needed) will be prepared for medium-sized sub-


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projects involving rehabilitation of existing structures, potentially causing low to moderate level of negative but

reversible and localized impacts; and iii) Environmental and Social checklists will be filled for smaller subprojects

resulting in low / negligible impacts.

1.3. ARAP

The proposed sub-project is a rehabilitation of the existing road and construction of new bridge. Based on the

screening, it is anticipated that the sub-project may have some adverse social impacts associated with the

relocation, within the same vicinity, of a limited number of structures and temporary impacts on livelihood during

construction. As the number of APs is less than 200, the World Bank OP 4.12 requires the preparation of an ARAP

to manage these impacts. A total of 12 households, including 44 household members, are impacted in this sub-

project. This ARAP has been prepared in accordance with the project’s Resettlement Policy Framework (RPF)

which satisfies the national regulatory framework and the World Bank Operational Policy 4.12 on involuntary

resettlement.

The present ARAP has been prepared to meet requirements of a subproject with low to moderate level of negative

impact which is localized, in line with KNIP-RPF.

1.4. Sub-project Alignment

The location of sub-project is shown in Figure 1.1.

Saudabad Chowrangi to Thaddo Nallah Bridge Road, also called as Liaquat Road, starts from Saudabad Chowrangi

and ends after Thaddo Nallah Bridge via Khokrapar No. 1, 2, 3, 4, 5, National Coach Last Stop and Thaddo Nallah.

The GPS coordinates of three corners of subproject area are defined hereunder:

1. Start of Alignment – Saudabad Chowrangi - 24°54'3.23"N, 67°12'4.20"E

2. End of alignment – Just after Thaddo Nallah Bridge - 24°54'39.73"N, 67°13'39.15"E

Total length of subproject road is estimated as 3.0 km.

Figure 1.1: Liner Map of Saudabad chorangi to Thado Nala Bridge Road


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1.5. Project Proponent

The sub-project will be implemented under a loan agreement between Government of Sindh (GoS) and the World

Bank. The Planning & Development Department (P&DD) is the project proponent. The project will execute under

the supervision of Project Director KNIP.

1.6. Engineering Baseline and Details

The existing subproject road has varying ROW and is divided in road sections as mentioned below:

Table 1: Existing Road Specifications

Sr. No Road section Length (m) ROW (m) Road track on both sides (m)

Footpath Width (m)

1 Section AA 610 39.2 21.9 2 m (on one side) and service road of 6.2 m

2 Section BB 1090 23.9 and additional footpaths of varying width

21.9

varied (on both sides)

3 Section CC 925 18.2 16.2 -

4 Section DD 75 14 8 -

5 Section EE 207 21.2 8.3 1 m (both sides)

The topographic survey conducted by Design Consultant is presented in Annexure-B which represents the features

located above the road sections and settings along the roadside. Section AA comprises of dual track with three

lanes and a narrow median. The section also comprises of service road and a wide median of service road which

is also used as public green spot and sitting area. Footpaths/open areas are available on both sides of the road

with varying width.

Figure 1.2: Section AA of existing Subproject Alignment

After 610 m (Section BB & CC), the service road ends and only dual carriageway road exist with footpath/open area

of varying width. After +600, the Green belt (9 to 10 m wide) also ends.


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Figure 1.3: Section BB of existing Subproject Alignment

Figure 1.4: Section CC of existing Subproject Alignment

After 2.62 km (Section DD), the road becomes single track with two lanes and narrows down the ROW. The median

in this section is not present. On both side of the road, the ROW is available with open area with varying gradient.

Figure 1.5: Section DD & EE of existing Subproject Alignment

After 2+700 from the Saudabad Chowrangi, a single bridge over Thaddo Nallah exists with two lanes till the

end of subproject alignment. From 1+350 to 2+280, the right track is filled with garbage and dried sewerage

sludge due to damaged sewerage system and unavailability of proper solid waste management and disposal

system.

After 2+860, Bridge over Thaddo Nallah exists which is currently a single-track bridge.


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1.7. Objectives of the ARAP

The ARAP for the sub-project addresses impacts on livelihood and structures as a result of construction/sub-project

implementation. Thus, the focus of this plan is to set out strategies for mitigation of adverse effects and to maintain

living standards of those affected by the sub-project activities. It includes the parameters of the entitlement package

for affectees, the institutional framework, and the mechanisms for consultation, grievances resolution and the

timeframe for implementation. The following are the specific objectives of this ARAP:

• To have design for compensation and other settlement assistance to be provided before

the starting of civil works.

• To consult with affected persons about acceptable alternatives including measures which will ensure the

orderly and timely shifting of severely affected structures and small business owners;

• To define institutional arrangements for implementation and grievance redressal mechanism

• Monitoring and evaluation

• Time frame and financial implications

• To obtain information about needs and priorities of the affected people.

• To obtain the cooperation and participation of the affected people in implementation.

Figure 1.6 Thado Nala Bridge


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2. Legal and Policy Framework

2.1. Resettlement Legal and Policy Framework

This ARAP has been prepared in light of Pakistan’s laws relevant to land acquisition and resettlement and WB’s

OP 4.12 for Involuntary Resettlement (IR). To resolve any gaps between the two sets of instruments, i.e. Pakistan’s

Land Acquisition Act 1894 (LAA) and WB’s OP 4.12, Involuntary Resettlement, this framework provides measures

to reconcile and address the gaps in a manner consistent with OP 4.12 compliance requirements.

2.2. National Legal Instruments

2.2.1 Constitution of the Islamic Republic of Pakistan

The Constitution of Pakistan (1973) clearly addresses the protection of property rights (Article 24) in that it states

that “no person shall be compulsorily deprived of his property save in accordance with law” and “no property shall

be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which

provides for compensation”. However, it neither fixes the amount of compensation nor specifies the principles and

manner in which compensation is to be determined and given. Further, Article 4 (sub-clause/a of 1) reiterates the

legislative right of people by stating that: “No action detrimental to the life, liberty, body, reputation or property of

any person shall be taken except in accordance with law”.

2.2.2 National Legislation

In the absence of a specific resettlement policy, the Land Acquisition Act (LAA) of 1894 is the de-facto legal

instrument governing resettlement and compensation to PAPs. However, it does not provide for the Project to give

due consideration to social, cultural, economic, and environmental conditions associated with and affected by

resettlement. Although LAA lays down detailed procedures for acquisition of private properties for public purposes

and compensation, it does not extend to resettlement and rehabilitation of persons as required by donor agencies

including the World Bank. Further, experience in other projects has established that compensation stipulated in the

law may not be adequate to provide for equal or enhanced living status to resettled PAPs.

2.2.3 Pakistan’s Law and Regulatory System for Land Acquisition and Resettlement

The Land Acquisition Act 1894 (LAA 1894) with its successive amendments is the main law regulating land

acquisition for public purpose projects at federal and provincial levels through the right of exercise of eminent

domain. The LAA has been variously interpreted by provincial governments, and some provinces have augmented

the LAA by issuing provincial legislations.

In Sindh, for example, valuation is done through District Price Assessment Committees (DPAC) and approval of

price rests with Sindh Board of Revenue. The law also provides for 15% compulsory acquisition surcharge on top


7

of the value of the land. The LAA, nevertheless, requires that following an impacts assessment/valuation effort, land

are compensated in cash at market rate to titled landowners and registered land tenants/users, respectively. The

LAA mandates that land valuation is to be based on the latest three (3) years average registered land sale rates,

though, in several recent cases the median rate over the past 1 year, or even the current rates, have been applied.

Based on the LAA, only legal owners and tenants registered with the Land Revenue Department or with formal

lease agreements are eligible for compensation/livelihood support. For those without title rights, there are no laws

in Pakistan either at federal or at provincial levels that consider non-titleholders for compensation. The LAA does

not openly or automatically mandate for specific rehabilitation/ assistance provisions benefiting the non-titleholders

including poor, vulnerable groups, or severely affected APs including tenants, encroachers and squatters, nor does

it overtly provide for rehabilitation of income/livelihood losses or resettlement costs. Nevertheless, development

projects financed internationally (by International Financial Institutions-IFIs or bilateral and multilateral lending

institutions) in Pakistan, non-titleholder affectees have been paid compensation/assistance for lost incomes and

assets as an arrangement as agreed between the Executing Agency and APs during consultation meetings.

The law deals with matters related to the acquisition of private land and other immovable assets that may exist on

it when the land is acquired for public purpose. Table 2 below elaborates salient features of the LAA sections

pertinent to acquisition of land. The right to acquire land for public purposes is established when Section 4 of the

LAA is triggered. The LAA specifies a systematic approach for acquisition and compensation of land and other

properties for development projects. It stipulates various sections pertaining to notifications, surveys, acquisition,

compensation and apportionment awards along with dispute resolution, penalties and exemptions. Surveys for land

acquisition are to be disclosed to the Project Affected persons.

Table 2: Salient Features of Pakistan’s LAA 1894

Key Sections of LAA Salient Features of the LAA 1894

Section 4 Publication of preliminary notification and power for conducting survey.

Section 5 Formal notification of land needed for a public purpose. Section 5a covering the need for enquiry of the concerns or grievances of the affected people related to land prices.

Section 6 The Government makes a more formal declaration of intent to acquire land.

Section 7

The Land Commissioner shall direct the Land Acquisition Collector (LAC) to take order the acquisition of the land.

Section 8 The LAC has then to direct that the land acquired to be physically marked out, measured and planned.

Section 9 The LAC gives notice to all APs that the Government intends to take possession of the land and if they have any claims for compensation then these claims are to be made to him at an appointed time.


8

Key Sections of LAA Salient Features of the LAA 1894

Section 10 Delegates power to the LAC to record statements of the APs in the area of land to be acquired or any part thereof as co-proprietor, subproprietor, mortgage, and tenant or otherwise.

Section 11 Enables the Collector to make enquiries into the measurements, value and claim and then to issue the final “award”. The award includes the land’s marked area and the valuation of compensation.

Section 16 When the LAC has made an award under Section 11, he will then take possession and the land shall thereupon vest absolutely in the Government, free from all encumbrances.

Section 17 Emergency clause that allows acquisition of land prior to compensation of PAPs. This clause will not be applied in any aspect or subproject of KNIP.

Section 18 In case of dissatisfaction with the award, APs may request the LAC to refer the case onward to the court for a decision. This does not affect the Government taking possession of land.

Section 23 The award of compensation to the title holders for acquired land is determined at i) its market value of land, ii) loss of standing crops, trees and structures, iii) any damage sustained at the time of possession, iv) injurious affect to other property (moveable or immoveable) or his earnings, v) expanses incidental to compelled relocation of the residence or business and vi) diminution of the profits between the time of publication of Section 6 and the time of taking possession plus 15% premium in view of the compulsory nature of the acquisition for public purposes.

Section 31 Section 31 provides that the LAC can, instead of awarding cash compensation in respect of any land, make any arrangement with a person having an interest in such land, including the grant of other lands in exchange.

Section 48A (LAA-

1986)

If within a period of one year from the date of publication of declaration under section 6 in respect of any land, the Collector has not made an award under section 11 in respect to such land, the owner of the land shall, unless he has been to a material extent responsible for the delay be entitled to receive compensation for the damage suffered by him in consequence of the delay.

2.3. World Bank Involuntary Resettlement Policy (OP 4.12)

The World Bank’s experience indicates that involuntary resettlement under development projects, if unmitigated,

often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people

face impoverishment when their productive assets or income sources are lost; people are relocated to environments

where their productive skills may be less applicable and the competition for resources greater; community

institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority,


9

and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate

these impoverishments risks.

Scope and Triggers: The involuntary resettlement safeguards cover physical displacement (relocation, loss of

residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income

sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) Involuntary restrictions on

land use or on access to legally designated parks and protected areas.The overall objectives of the Policy are given

below;

Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project

designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as

sustainable development programs. Providing sufficient investment resources to enable the persons displaced by

the project to share in project benefits. Displaced persons should be meaningfully consulted and should have

opportunities to participate in planning and implementing resettlement programs.

Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least

to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project

implementation, whichever is higher.

The Policy defines the requirement of preparing a resettlement plan (when the project site/s is/are clearly known)

or a resettlement policy framework (where exact site is not known), in order to address involuntary resettlement.

This policy includes safeguards to address and mitigate these impoverishment risks.

The key Principles of World Bank Involuntary Resettlement Policy are:

The need to screen the project early on in the planning stage,

• Carry out meaningful consultation,

• At the minimum restore livelihood levels to what they were before the project, improve the livelihoods of

affected vulnerable groups

• Prompt compensation at full replacement cost is to be paid,

• Provide displaced people with adequate assistance,

• Ensure that affected people who have no statutory rights to the land that they are working and are eligible for

resettlement assistance and compensation for the loss of no land assets and

• Disclose all social safeguard documents.


10

2.4. Comparison between LAA (1894) and World Bank Involuntary Resettlement Policy

Principles and Practices:

Table 2.1 compares the LAA (1894) and the World Bank Involuntary Resettlement policy principles specifically

related to land acquisition and resettlement aspects. The object of this exercise is to identify if and where the two

sets of procedures are in conformity with each other and more importantly where there are differences and gaps.

Table 2.1: WB OP 4.12 Involuntary Resettlement and Pakistan Land Acquisition Act

Sr. No. WB Involuntary Resettlement

Policy Principles

Pakistan Land

Acquisition Act

Approaches to Address the

GAPs

1 Screen the project early on to identify past, present, and future Involuntary resettlement impacts and risks. Determine the scope of resettlement planning through a survey and/or Census of displaced persons, including a gender analysis, specifically related to resettlement impacts and risks.

No equivalent Requirements

Screened and categorized. Scope defined, social assessment and gender analysis undertaken.

2 Carry out meaningful consultations with affected persons, host communities, and concerned nongovernment organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring & evaluation of resettlement programs. Pay particular attention to the needs of vulnerable groups, especially those below the poverty line, the landless, the elderly, women and children, and Indigenous Peoples, and those without legal title to land, and ensure their participation in consultations. Establish a grievance redress mechanism to receive and facilitate resolution of the affected persons’ concerns. Support the Social and cultural institutions of affected persons and their host population. Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation

No specific requirement. The decisions regarding land acquisition and the rate/ amount of compensation to be paid are published in the official Gazette which is notified in accessible places so that the people affected are informed Established under LAA through the formal land acquisition process at a point in time or through appeals to the court. Land Acquisition

Complaints and grievances are resolved informally through project grievance redress mechanisms Consultations conducted, vulnerable groups identified and supported as relevant


11


Policy Principles

Pakistan Land

Acquisition Act


GAPs

phase. Collector (LAC) is the pre-land award authority to make decision on objections.

3 Improve, or at least restore, the livelihoods of all affected persons. through (i) land based resettlement strategies when affected livelihoods are land based where possible or cash compensation at replacement value for land when the loss of land does not undermine livelihoods, (ii) prompt replacement of assets with access to assets of equal or higher value, (iii) prompt compensation at full replacement cost for assets that cannot be restored, and (iv) additional revenues and services through benefit sharing schemes where possible.

No equivalent Requirements

Livelihoods restoration is required and allowances are provided.

4 Improve the standards of living of the affected poor and other vulnerable groups, including women, to at least national minimum standards.

No additional support to vulnerable Households

Vulnerable households identified and support provided

5 Develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status.

Equivalent, Negotiation responds to displaced Persons requested price but no clear procedure.

Procedures put in place.

6 Ensure that displaced persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss

of non-land assets.

Land compensation only for titled landowners or holders of customary rights.

Non-title holders are provided with resettlement and rehabilitation support. Provide with compensation for non‐land assets.

7 Prepare a resettlement plan elaborating on displaced persons’ entitlements, the income and livelihood restoration strategy, institutional arrangements, monitoring and reporting framework, budget, and time bound implementation schedule.

No resettlement Plans is

Prepared

Plans prepared and Disclosed

8 Conceive and execute involuntary resettlement as part of a

No equivalent Requirement

Addressed as relevant.


12


Policy Principles

Pakistan Land

Acquisition Act


GAPs

development project or program. Include the full costs of resettlement in the presentation of project’s costs and benefits. For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a standalone operation.

9 Pay compensation and provide other resettlement entitlements before physical or economic displacement.

No equivalent Requirement

Compensation Payment paid before construction occurs.

10 Monitor and assess resettlement outcomes, their impacts on the standards of living of affected persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports.

Monitoring reports not Required

Monitoring reports prepared and disclosed

2.5. Harmonization with World Bank Policies

The World Bank’s Operational Policies require development interventions to minimize displacement and require

time-bound action plans with measures to restore or improve living condition and income of those affected by

development projects. The harmonization was carried out through a gap analysis involving the 1894 Legislation and

the safeguard policies of World Bank. The harmonization has also draws on best practices in development projects

which have already narrowed down the gaps.

As a result, the Project will implement that compensation is provided at replacement cost for all direct and indirect

losses so that no one is worse off as a result of the project. Provision of subsidies or allowances will need to be

given to affected households that may be relocated, suffer business losses, or may be vulnerable.


13

3. SOCIO-ECONOMIC ASSESSMENT AND CENSUS SURVEY

3.1. Background

This sub-project will need to clear certain measurements of land on both sides of the road, defined as corridor of

impact (COI) mostly falling within the Right of Way (ROW) for execution of civil works. In some areas of this sub-

project, the ROW is occupied by informal businesses/kiosks owned by informal vendors. Some fixtures, constructed

by nearby residents for community benefit, also lie in the ROW. A small number of informal vendors (fruitsellers)

will also be temporarily dislocated and resettled during construction activity.

3.2. Scope of Land Acquisition and Resettlement

The proposed works under the subproject comprise rehabilitation of the existing road.The execution of the sub-

projects is to rehabilitate the existing road and the proposed works will be confined to the already available ROW.

Since the land for the existing road is already owned by the District Municipal Corporation (DMC) South, acquisition

of land is not needed for the sub-projects. No land acquisition is required for the sub-project. There will be no

impacts on residences and families, and they will not be physically dislocated. However, in certain sections in the

ROW there will be limited impacts on informal vendors such as relocation of some businesses and community

fixtures, and temporary impact on livelihood of informal vendors (during construction). For the assessment and

evaluation of these impacts, the following methodology has been adopted.

3.3. Approach and Methodology

In order to have comprehensive and detail information the following techniques and tools of data collection were

used.

3.3.1 Census Survey

100 per cent census of the impacted area was conducted.

3.3.2 Area Profile

A comprehensive area profile was prepared to document the socio-economic and demographic data of in the study

area. The findings are illustrated in the ESMP report of the sub-projects.

3.3.3 Pretesting of Questionnaires

In order to test the validity and reliability of the developed questionnaire, interviewing guides were pre-tested in the

study area and questionnaire was reviewed to assess whether questions need to be clarified or changed.


14

3.3.4 Consultation with women

A separate consultation was carried out with women in the subproject area. The views were recorded and are

highlighted in Table 5. The Gender specialist of the PIU led these consultations.

3.3.5 Collection of Secondary Data

The secondary data required for the ARAP was collected from different departments and existing studies. Beside

this, various meetings were also arranged with DMC south.

3.3.6 Collection of Primary Data

The preparation of ARAP required the collection of data/information from the sub-project site.To achieve this,

comprehensive questionnaires for data collection were prepared. The questionnaires were filled during consultative

meetings and field visits.Three types of questionnaires were developed for data collection, as described below:

• Area profile for the collection of macro level information relating to socio-economic condition of the area

• Census and inventory surveys to document the APs, their assets, family profiles and economic status.

• Consultations were held with stakeholders and community members in the subproject area to gauge the social,

economic and resettlement impacts on local community.The construction related impacts identified by the local

community include impacts on livelihood, transportation services, temporary blocking of access to businesses,

traffic diversion, temporarily dislocation of kiosks and informal vendors/hawkers to nearby locations etc.These

effects and requisite mitigation measures such as timing/schedule of civil work, livelihood assistance (e.g.

compensation to APs), traffic diversion plans, etc. were discussed.

3.4. Methodology for Census Survey

A census of all Affected Households (AHs) was carried out. The census has determined the exact number of

Affected Persons (APs) and how they will be affected by the specific impacts of the sub-project. The impact on

community and property due to sub-project interventions were assessed through field surveys conducted during

the period of 24th October, 2018 till 16th November, 2018. The surveys included a census where household level

data of all affected households were collected.

A checklist was used to establish an inventory of losses of each affected household which included details of

potentially affected structures and other assets belonging to each household. Similarly, a separate inventory of

losses was prepared in regard to commercial property and public and community structures. The census was

conducted and inventory of losses was prepared for all of the potentially affected households. The results of the

census survey are presented in Annexure-A.

The primary data is lacking with some basic information i.e CNIC and contact numbers due to confidentiality of

respondents (APs did not share). Due to the recent anti encroachment drive by the government in adjoining


15

neighborhoods areas (not in the CoI), the mobilization in the community was badly affected and small vendors had

no trust on the ARAP survey team and were partially hesitant to share their private information.

3.5. Sub-Project Socio-economic and Resettlement Impacts

The socio-economic profile of the project corridor includes the description of the area for the entire length of the

selected sub-projects.The socio-economic characteristics of the project corridor are based on the area profile, focus

group meetings and information collected from the secondary sources.The results of the survey have been

furnished in the ESMP report of the sub-project.

Briefly, all APs are Muslim by religion and Sindhi by ethnicity. Most households are headed by males. Apart from

one AP, no one is below the poverty line as their earning ranges from 20000 to 35000 per month (based on

respondents’ approximations as no actual receipts or tax records were available). The exception is one female

employee working on a kiosk, who’s income is below the minimum wage and her age is over 65 years. In keeping

with the entitlement matrix provided in the RPF, this woman is therefore entitled to vulnerability allowance.

Vulnerability allowance was also paid to one of the vendors as his age was over 65 years. (socioeconomic details

of APs are provided in Annex-A)

3.6. Affected Structures

Keeping in view the structural integrity of the road, the ROW has been kept as 2.5m and accordingly the structures

and assets located within ROW which are being impacted have been recorded. These structures comprise 1 water

tank (brick masonry), 3 kiosks (Iron made) and 1 latrine. In addition, the assets belonging to 6 mobile vendors (Push

carts) working in the ROW have also been recorded. These structures and assets are owned by 12 households

with a total of 44 family members (21 Male & 23 Female). The impacted structures are located along the inner side

of the ROW. A Mosque (Jamia Masjid Toheed) was constructed in the ROW which will not be disturbed due to civil

work. During constructions, it will also be ensured that peoples’ access to the mosque is not hindered or blocked.

See Annexure-C for some photographs of the structures built on the foot path.

The following Table 3 indicates the structures and assets located on ROW.

Table 3: Categories of Affected Structures and Persons

Sr.

No Category of Affected Structure

No Category of Affected Person No

1 Drinking water tank 1 Owner of water tank 1

2 Latrine 1 Owner of latrine 1

3 Owner of push carts 6

4 Owner of kiosk 3


16

Sr.

No Category of Affected Structure

No Category of Affected Person No

5 Employee on kiosk 1

Total 02 12

3.7. Impacts on Vulnerable APs

There is one elderly woman and one elderly mobile vendor categorised as vulnerable.

Table 3.1: Vulnerable APs

Sr. No Occupation Below Poverty Line? Age > 60 years Poor Physical Health

1 Mobile Vendor No 69 years Yes

2 Female Employee on kiosk Yes 70 years Yes

3.8. Impacts on Women Headed Household

During the survey it was found that no women headed households exist in the ROW of the sub-project.

3.9. Eligibility Criteria

All affected persons will be entitled to compensation and resettlement assistance based on the entitlement matrix

devised in the RPF. (See Annex D) Lack of legal documents for customary rights of occupancy/titles shall not affect

eligibility for compensation and assistance. Entitlements of APs fall in two broad categories: (i) entitlements for loss

of physical property and (ii) entitlements for loss of income. In the first case APs will receive the following

compensation:

1) Assistance in amounting to the negotiated value with the communities which is the assessed and agreed value

structures at the time of payment.

2) Cash grants and resettlement assistance such as shifting allowance.

3.10. Construction Type of Affected structures

Some of the impacted structures, such as latrine and water tank, are made from brick masonry. The kiosk structures

are assembled from iron. In addition to the impacted structures above, which are already identified, there are

structures which lie close to the construction area or ROW (as per preliminary design drawings) and which may be

affected during construction. These include two walls (surrounding a temporary make-shift open storage space for


17

husk) and the facing wall of a Mosque. Both these structures are constructed from bricks. In the final design,

however, these walls and Mosque are not being affected. All efforts will be made to ensure that no damage occurs

during construction. However, in case during civil work if any possibility of damage is foreseen on these structures

the ARAP will be revised and compensation will be paid to affected parties accordingly.

3.11. Affected Trees

No trees will be felled due to the proposed rehabilitation work. These assessments were based on walk through

survey along the ROW. In case of any unforeseen disturbance to any of the trees or flowering plants, the re-

plantation will be insured in accordance with the RPF. Any fruit or timber trees, if impacted, will be compensated

monetarily in accordance with the RPF.

3.12. Valuation of Assets

A valuation survey was undertaken for estimating the unit rate for compensation of different types of structural

losses. In addition, consultation was also done with APs. Using this data, the unit rates for valuation of affected

structures was determined.

The following procedures/methods were used for the proper assessment of unit compensation values of different

items/assets located within the ROW as a standard for valuation of assets;

1. Water Tank and Latrine are valued at replacement cost based on cost of materials, type of construction, labour

and other construction costs. (Annexure-E)

2. The replacement cost of kiosk will not be required as the kiosk will be relocated behind the original position,

about 10 to 15 feet away from the ROW.

As discussed earlier that structures are brick masonry therefore the structures were valued at replacement cost,

type and material of the affected item. No deductions will be made for depreciation, salvageable materials or

transaction costs and taxes.

3.13. Cut-off Date

Eligibility to receive compensation and resettlement assistance will be limited by the “cut-off” date. The cut-off-date

is the start of the census of the affected communities which was concluded on 16 November 2018. This census

survey was jointly carried by the representatives of the PIU-KNIP. This cut-off date was shared with the affectees

and they were informed that any person entering the project area after the cut-off date is not eligible to receive the

agreed upon entitlements.


18

4. Compensation and Resettlement Assistance

4.1. General

The ARAP focuses on providing compensation for the lost assets due to dislocation and suggests measures to

restore livelihoods to former living standards of the APs.

4.2. Relocation Options

Entitlement provisions for affected persons for losing their structures and sources of income are included under the

entitlement matrix of the KNIP-RPF. The project team has reviewed and explored various potential relocation

options for the project affectees. The team also looked at possible settlements other than the present road side

option, as some local residents suggested relocating affected persons/vendors in Khokara par No 1 near Al-Shamas

hotel. However, this option of Al-Shamas is not feasible for mobile vendors due to high risk of theft of wares which

cannot be mitigated; there are no such security risks for parking vans and buses in this location. Some other options

were discussed with the communities as given in Table 4. The project will adopt a combination of resettlement

approaches, but all resettlement options, requests and agreement will be subject to careful technical assessment,

review and consultation with the concerned communities.

Table 4: Key Resettlement Options

Assets Strategies Option

Community-based

Buses & vans parking

a). Relocation to Sites Khokrapar No 1 KTC

Compound (if the already settled

communities have no objection) within

close vicinity of the sub-project area;

b). Relocation to sites of their own choices

within close vicinity of the sub-project area.

Where PAPs take options

a or b, the Project will

finalize the relocation site

in consultation with PAPs. There are

6 bus and 7 van drivers taking these

options

Option c will be managed

by PAPs (6 vendors) themselves.

Project will pay all eligible

compensation (determined

in the eligibility and

entitlement matrix) and

benefits prior to relocation

Self-managed

relocation of mobile

vendors to “other

area of nearby vicinity”

c). Self-managed individual to identify

destination and or site in the close vicinity

near Saudabad Chorangi or Khokrapar No

2.


19

to all resettled businesses

4.3. Entitlement Matrix

Entitlements for different categories of losses and their corresponding APs have been given in the entitlement matrix

included in the project RPF. The relocation of vendors is a physical one as the APs will need to move out of the

construction area. This may have limited impacts on their livelihoods. The Project will provide a choice of relocation

to the APs within the vicinity of the location in which they are currently working. APs may move to such a suitable

area identified by the project proponent or to a site of their own choice. In either case, they will be paid compensation

to cover a transition period to re-establish their regular earning, relocation costs, and for vulnerability.

Eligibility of APs will be governed by the entitlement matrix and cut-off dates. Table 4.1 provides an entitlement

matrix for different types of losses and dislocation, based on the Inventory Census.

Table 4.1: Eligibility and Entitlement Matrix

Description Specification Affected

People

Compensation

Entitlements

Estimated Rates

Drinking water

tank and

Latrine

Brick masonry Owner Cash Compensation

lump sum

20,000 each.

Total payable to 2

owners= Rs

40,000/-

Transition cost

to cover

temporary

Livelihood

disturbance &

Wage

disturbance

Payment of

minimum

wage

for the days

taken to

relocate.

Mobile

vendors

Cash compensation for

number of days taken to

relocate leading to

livelihood

loss

• Minimum wage in

Sindh is 17,500/-

PKR per month.

Paid up to 1 month,

amount

payable to 9 APs

(6 Mobile vendors

and 3 Kiosk

owners)

APs17,500*9=

157,500/-


20

4.4. Timeline of Relocation by Project Component

The relocation time of the affectees will be before the commencement of the physical works on the sub-project

ARAP implementation (payment of compensation) will be completed before taking possession of the area and

start of construction.

4.5. Compensation Committee

A Compensation committee will be formed, headed by Municipal Commissioner South (DMC-South). The

representatives of PIU-KNIP (Resettlement Specialist & M&E Specialist), representatives from District

Administration (Two members), representative (1 member) from Civil Society will be the member of committee. All

payment of compensation will be paid by crossed bank cheques. Vouchers on payment will be prepared in triplicate.

The committee will verify APs and recommend to PIU for payment of compensation package in accordance with

ARAP. The verification process and TORs of the committee will be the part of the notification which will be notified

by competent authority. Payment will be made through crossed cheques and record will be maintained at PIU.

A Project Affected Persons Committee (PAPC) will be established in which all APs will be the members and the

Resettlement Specialist will coordinate with them for ARAP implementation and their grievances.

4.6. Procedure for Payment

As discussed earlier, the project will pay the compensation amount to the APs through the compensation committee

of KNIP and APs will be allowed to take away the materials salvaged from their dismantled assets at no costs,

Wage services Employee on a

kiosk

Cash compensation @

minimum wage of one

month

17,500/- to be paid

to 1 employee

Vulnerability

Allowance

2 Elderly APs,

including 1

woman

52,500/- PKR for 3

Months i.e 17,500/-

PKR per Month.

105,000/- Payable

to 2 APs (1 Mobile

vendor and 1

Female employee

at kiosk)


21

despite the compensation paid. The payments will be made through crossed cheque in the name of the recipient

AP.

4.7. Resettlement Budget and Financing

Compensation will be paid on the basis of the cost estimation after consultation with the APs and mutually

agreed/prevailing rates. Compensation cost includes the cost of structures, livelihood assistance, subsistence

allowance, wage and vulnerability allowances in shape of disturbance for three months.

Total estimated cost for the implementation of this ARAP is expected to be PKR: 320,000/-. The details of estimated

resettlement budget are given Annexure-A.

PIU will prepare package for sub-project AHHs which includes the following information:

1. Inventory for losses of each AP;

2. Compensation to be paid to APs;

3. The date, time and venue for the disbursement of compensation;

4. Detailing the requirement to present their Computerize National Identity Card (CNIC) and submit a copy of

their CNIC on the date of disbursement;

5. Detailing the requirement to obtain a stamp paper from the local court confirming the APs identity;

6. For any AP under the age of 18 or without a CNIC, the AP must provide an affidavit with photograph signed

by the head of local government and additionally CNIC of guardian may also be provided;

7. The requirement to hold an open a bank account in order to receive compensation; and

8. Details of the Grievance Redress Mechanism. These packages shall be distributed to the APs no later than

one month prior to the date of disbursement of funds.

4.8. Updating the ARAP

The ARAP considered as resettlement action for the sub-projects may need to be updated to take into account

changes of unforeseen or additional impacts during the construction phase. The ARAP should be updated (i) prior

to the award of civil works contracts and (ii) during the subproject civil works where design changes during

construction result in changes to the resettlement impacts. The structures reported in Annexure-A will not be

removed until all amended ARAP or addendum (if any) to the ARAP get approved by the World Bank, payments

made and APs vacate the land within the agreed notice period.


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5. INFORMATION DISCLOSURE, CONSULTATION AND PARTICIPATION

5.1. Introduction

To comply with World Bank requirements and policies social assessment of projects and, all the sponsors of the

projects resulting in involuntary resettlement required to prepare and publicly disclose a resettlement action plan.

The ARAP must be prepared through a process of public consultation with all interested and affected parties. Proper

consultation with affected parties can increase the effectiveness and reduce the cost of ARAP implementation for

the sponsor or other responsible parties. As discussed earlier, the proposed sub-projects will impact the local

communities living in and around project area to some extent. This chapter provides details of consultations carried

out with stakeholders during the preparation of this ARAP. The executive summary of the ARAP will be translated

into national and local languages i.e Urdu and Sindhi, and disclosed both at site and on the Project website.

5.2. Objectives of Consultation

Public consultation plays a vital role in studying the effects of the project on the stakeholders and in the successful

implementation and execution of the proposed projects. Public involvement is a compulsory feature of resettlement

planning, which leads to better and more acceptable decision-making. The important general objectives of the

Consultation process are:

• Provide key project information to the stakeholders, and to solicit their views on the project and its potential or

perceived impacts,

• Information dissemination, education, and liaison,

• Identification of problems and needs,

• Collaborative problem solving,

• Develop and maintain communication links between the project proponents and stakeholders,

• Reaction, comment and feedback on proposed Project; and

Ensure that views and concerns of the stakeholders are incorporated into the project design and

implementation with the objectives of reducing or offsetting negative impacts and enhancing benefits of the

proposed project.

5.3. Consultation with Project Affected Person

As per Bank Policy, the community members and their representatives were consulted to introduce the project

formally to local community and to obtain their views on development project. The public consultation process in

the sub-project area was commenced during the scoping session of ESMP in 2017. The local community and their

representatives were consulted again and again to introduce the project and their views and suggestions about the


23

KNIP were recorded. The PAPs were consulted in conducting the censes survey for preparing the ARAP from 24th

October 2018 to 16 November 2018. The same has been elaborated in Table 5. Various focus group meetings

/discussions /scoping sessions were carried out with all APs. The meetings were held at various locations. In the

meetings affected people were informed about the plans for rehabilitation of the selected area sub-projects. The

consultation process was further intensified through formal and informal meetings including workshop in Malir (CPS

school, Khokarapar No 1 and Khokarapar No 2) for disclosure of project impacts – social and environmental – to

stakeholders for their inputs and feedback.

The purpose of these meetings was to collect the following information:

• Demographic characteristics of the area, such as population, number of households, housing characteristics,

availability of social amenities, ethnic groupings etc.

• Livelihood activities of the project affected persons.

• Women’s role in socio-economic life.

• Existing health and education facilities in the sub-project area.

• reaction towards project.

Following issues were also discussed:

• loss of structures

• Compensation for lost structures

• Consensus on acceptable compensation

• identification of locations for shifting structures and temporary relocation of vendors.

• Consultation with host community.

• Impacts on religious structures during construction.

The affectees raised the following key concerns:

• They do not have access to other areas for purposes of livelihood generation

• They do not want to be relocated far away from their current locations as they generate their livelihood in these

areas (through informal business, wage labor)

• In case of relocation, they have requested that they be accommodated in the same areas

• In case of compensation, the affectees agreed to shift their push carts to some other areas within the same

locality i.e Saudabad Chorangi or Khokrapar No 2 near park.

The concerns of the affectees, including preferences for relocation and not being moved out of the vicinity, have

been addressed in the selection of relocation sites.


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5.4. First Round of Community Consultations

A first round of community consultations was conducted in the primary and secondary impact areas of the sub-

project for preparation of ARAP. Table 5 shows the public consultations carried out on the sub-projects areas.

Table 5: Summary of Community Consultations with Male Members

Sr. No Name of Area Date Number of Participants

1 Khokrapar No 1 (CPS School) 12 Nov 2018 10

2 Khokrapar No 1 (Kousar Estate) 12 Nov 2018 08

3 Khokrapar No 1 12 Nov 2018 05








11 Memon Goth 16 Nov 2018 07

12 Memon Goth 16 Nov 2018 08

Total 112

5.5. First Round Findings of Public Consultation with Male Community Members

Key findings of consultation with male community members on the sub-project are summarized below:

• In commonly faced problems, community members identified lack of access to clean water (including for

drinking) and good health facilities

• The communities were happy about the interventions to be done under sub-project. These interventions

include improvement/rehabilitation of road, installation of street lights, improvement of bus stops and

pedestrian and construction of new bridge, they agreed that the proposed rehabilitation works are necessary

for the safety of the community and for the uplift of the sub-project area.

• Community members were aware that they will not face any financial loss or other problems after completion

of the sub-project activities.


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5.6. First Round Findings of Public Consultation with Female Community Members

Key findings of consultation with female community members on sub-projects are summarized below;

• Discussants were supportive of the sub-project and looking forward to the area enhancement and project

related benefits

• Most importantly, discussants highlighted the need to rehabilitate footpaths, green belts and other open spaces

that can be used by families in the evening or during power breakdowns.

5.7. Second Round of Public Consultation

Second round of public consultation was carried out on 15 November 2018 at Crescent Public School (CPS), Malir.

Findings of second round of public consultation are given in table 5.1.

5.8. Findings of Consultation Workshop

Table 5.1 Queries and Responses

Sr. No Queries from Participants Response from PIU

1 Mobile vendor: He expressed concern that in development

works; advocacy campaigns are not carried out to inform the

local people about the project objectives and involving them

in the project cycle.

He pointed out that the some peoples are vulnerable to the

effects of anti-encroachment. He was glad that a project has

been launched to mitigate the effects of these grievances.

He pointed out that without community participation

development can never be sustainable. He questioned

whether people working near proposed sites have been

consulted by the consultant team?

He inquired that how it will be ensured that mitigation

measures will be implemented by the Contractor?

The KNIP team has carried out

detailed primary stakeholder

consultation the details of which

will be provided in the ARAP

document. The record of

consultation will be incorporated in

ARAP as the local community is

being consulted in different areas

of sub-project.

The contractor will ensure the

mitigation measures as per plan.

2 Owner of CPS school: He pointed out that encroachment

had heavily damaged the green belts during the last two

The Resettlement Specialist (RS)

explained in detail all footpaths

which have been damaged during


26

years. He questioned whether footpath/pedestrian has been

included in the proposed works under KNIP?

He also pointed out that ‘Neighbourhood committee’ can play

an important role in civil work monitoring. Unfortunately in the

past no maintenance work was carried out on these

structures.

last two years have been included

under the scope of works which

also includes bus stops and

lightening.

Neighborhood committees will be

formed before the execution of

subproject to cater and resolve the

issue

3 Citizen: He pointed out that there are access routes which

are used by the locals during their daily routine. Is it

proposed that rehabilitation of these access routes be

included in the scope of works?

The access route will be

rehabilitated at their starting points

only as per design.

4 Teacher: He proposed that there should be solid waste

collection and disposal mechanism for our communities as

now locals are using footpath and other vacant place for

disposal of their routine waste.

Solid waste bins will be installed at

different points to solve the issue.

5 Female citizen: Either public parks are being rehabilitated

under this project?

the green belt will be

rehabilitated as per plan as the

local community was previously

used it as park.

5.9. Consultation with Host Community

Consultations were conducted at Saudabad Chorangi and Khokarapar No 2 Park (designated relocation sites for

the informal vendors), with the host communities (shops) regarding the proposal of informal vendors performing

business activities in front of their (host community) premises. The host communities open their shops in the

morning and close by 8:00pm. They have no have no issues regarding the mobile vendors as the latter start their

business activities at 12:00pm and continue till after the closing of the shops. During peak hours, i.e 12:00pm to

8:00pm, the push carts/informal vendors will not block or disturb the access way for the customers of the host


27

community. After 8:00pm the mobile vendors are free to continue with their business activities as the shops will be

closed. The mobile vendors will keep close to their original location i.e Sauadabad Chorangi at the left side of shops

so that the businesses may not be disturbed.


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6. INSTITUTIONAL ARRANGEMENTS

Organizational structure required for implementation of ARAP of the sub-project is given below. The roles and

responsibilities of the various role players during the project defined in this section.

6.1. Project Management Responsibilities

Implementation of the ARAP will be responsibility of the PIU-KNIP. The KNIP has full time technical staff i.e

Resettlement, Social development, M&E, Gender and Environment specialists capable of carrying out the

implementation and monitoring of ARAP.

ESRU (Environment, Social, Resettlement Unit) of KNIP will carry out monitoring activities related to the sub-project

during the construction phase by using check lists and notify the contractor of any violations of the ARAP, check

the progress reports, advise the consultant and contractor regarding any violations which require further action, and

maintain a record of events and surveys for reference. In addition, M&E consultants as independent consultants

will monthly, quarterly, bi annually and annually monitor the ARAP implementation including those associated with

the Contractor’s activities as and when required.

6.2. Project Supervision and Contract Management Consultants (PSCMS)

An engineering firm (ECIL) has been recruited which apart from the engineering staff it also has the HSE staff. They

will report to PIU and prepare the implementation program, quality of works, delivery of works, and certify the

quantities of work carried out and the payments. They will also be tasked to implement the ARAP prepared for sub-

project. Their scope of work will include but not be limited to the following:

• Assist the PIU in project screening in term of involuntary resettlement;

• Implement the ARAP of sub-project

• Updating the census of APs linked with subproject impacts by type, category and severance and prepare the

compensation packages on individual basis;

• Distribute the notices to the entitled APs regarding their payment of compensation

• Provide proper guidance to APs for the submission of their requests for compensation as per eligibility and

entitlement

• Facilitate the APs in compensation payment through the completion of necessary documentation to receive their

entitled payments like payment vouchers, opening of bank account and formation of CNIC, etc.;

• Facilitate the APs in term of resolving the legal and administrative impediments for the compensation payment;

• Help the APs to put their complaints (if any);

• Conduct the community consultation and disclosure process throughout the project cycle;


29

• Assist PIU in the preparation of progress reports for the sub-project.

6.3. Monitoring and Evaluation Consultant

The regular monitoring of sub-project components and activities will be key to successful execution of the project.

The PIU will engage a firm for the monitoring and evaluation of the project. The firm apart from the engineering

staffs will also have the environment, social, resettlement and gender experts as well. The M&E consultants will be

responsible for (a) Monitoring of the physical progress; (b) Monitoring and evaluation of the project impact; (c)

Review and supervision of the environmental and social aspects of the project; and (e) Provision of guidance to the

management in early identification and resolution of the project. The M&EC’s scope of work related to the

resettlement aspects will include but not be limited to the following:

• Monitor and assess the ARAP preparation as per the approved RPF;

• Monitor and assess the ARAP implementation as per the approved ARAP and RPF;

• Monitor and assess the placement of funds at District Collector and PIU for land acquisition and resettlement (where

relevant)

• Monitor and assess the disbursement of compensation payments to APs.

• Monitor and assess the implementation of livelihood restoration measures

• Monitor the consultations with APs for information disclosure;

• Monitor and assess process of AP identification for compensation;

• Review the institutional setup for the ARAP preparation and implementation

• Monitor and assess level of public awareness on ARAP policy and provisions

• Review the grievance redress mechanism in term of complaint registration, resolution

and level of APs satisfaction; and Identification of issue for non-compliance followed by the proposed mitigation

measures

• Prepare the monthly progress report and quarterly monitoring report

• Issuance of certificate of complete ARAP implementation for the commencement of civil work to contractor.


30

Figure 1.7 : Institutional Arrangement for Implementation of ARAP

6.4. The Construction Contractor

The Construction Contractor (CC) will be responsible for the on-field implementation of the ARAP. The Contractor

will also be responsible for training his crews in all aspects and implementation of the ARAP. The key positions i.e

HSE Officer and two HSE supervisors (one for environment and one for social safeguards) will be filled within the

contractor’s staff for implementation of the ARAP.

6.5. Grievance Redressal Mechanism

The sub-project level Grievance Redress Mechanism (GRM) will be established to address grievances arising from

community regarding social and resettlement impacts. The purpose of the GRM with regard to resettlement is to

receive, review and resolve grievances from physically and economically displaced persons and thereby, facilitate

the fair implementation of this ARAP. Problems expected to be addressed by a GRM during the implementation of

ARAP are complaints about (i) the location of the project alignment and requests to avoid specific affected assets,

(ii) the omission of some APs in a census, (iii) the identification, measurement and valuation of losses, (iv) the

assessment and disbursement of compensation relative to entitlements stipulated in ARAP, (v) disputes about

ownership of affected assets, (vi) delays in compensation payments, relocation activities or livelihood restoration

measures, (vii) design and completion of relocation sites and facilities, or (viii) the adequacy and appropriateness

of income restoration measures, among others.

The GRM will be set up with a two-tiered structure, one at PIU level which has been established and the second

will be at the field level. Any complaint remaining unresolved at site level will be forwarded to the Grievance

HSE Officers

ES RS GS SDS

PAPC

Line

Agencies

KMC & DMC

ESRU M&E Specialist GRC PS&CMC

Project Implementation Unit (PIU)


31

Redressal Committee (GRC) in the PIU. The GRC will be headed by Deputy Project Director (DPD) and will also

include Municipal Commissioner South, GRM focal person, communication specialist, representative of community

and relevant PIU specialist. The complaints received will be properly recorded and documented at PIU by a

designated staff in the complaint register. The information recorded in the register will include date, particulars,

description of the grievance, actions/steps taken/to be taken to resolve the complaint at site level the register will

also record the actual measures taken to mitigate these concerns. The aggrieved APs will be kept informed about

the actions on his complaint. The complaints and grievances will be addressed through the process as described

in Table 6 below.

Table 6: GRM Process and Responsibility

Grievance Redress Process Supervision Responsibility

First Tier, Field Level GRM: At site level, the HSE

officers of CC & PSCMC will be assigned to maintain

regular contact with the APs and to be the first line of

contact on issues related to relocation and/ or

Resettlement.

• GRM Focal Person (PIU-SDS)

• Senior Engineer (PIU-SE)

• Resident Engineer (RE-PSCMC)

• Representative of Contractor (HSC-

CC)

• Relevant PIU Specialist

(RS/GS/ES/SDS)

The HSE officer will facilitate APs committee at site level.

Any complaints at site will be recorded by the HSE officer,

investigated by the RE, and if possible resolved at the site

with the assistance of the PIU within seven days.

Second Tier of GRM (PIU Level): Any complaint which

cannot be resolved at the site level will be forwarded by

the HSE officer or directly by the complainant to the GRC

at the PIU level. The GRC at PIU will designate a staff

member to receive complaints, register them in the

complaints register and process them within the PIU. The

GRC will hear the aggrieved APs and will seek

information from others such as PSCMC to resolve the

case if possible. The GRC will take decision on the

complaint within seven days of the receipt of complaint at

PIU. Any solution or decision must comply with the

ARAP. The GRC will comprise PIU’s Deputy Project

Director (Head), Specialists of PIU (Member),

• Deputy Project director (DPD) PIU

• Deputy commissionaire (Concerned)

• GRM Focal Person-PIU

• Communication Specialist-PIU

• Representative of Community

• Relevant PIU Specialist

(RS/GS/ES/SDS)


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Grievance Redress Process Supervision Responsibility

representatives of concerned department i.e DMC-Malir

(Member), and APs or a representative of APs/PAPC.

The GRC will be officially notified by the PIU.

Measure outside the GRM:

If the grievance redress system or arbitration fail to satisfy

the PAP, he/she can submit the case to the appropriate

court. However, where law permits, the APs can access

to the courts of law without involving the GRM.

• Project Director (PD)-PIU

• Deputy Project director (DPD)-PIU

• Municipal Commissioner (Concerned)

• GRM Focal Person SDS

6.6. Gender Action Plan

In general, gender issues have been addressed in project Gender Action Plan (GAP) of KNIP. The APs in this

subproject include a female employee on a kiosk. The impact on this female employee has been addressed in

section 3.7. Additional impacts on women may occur due to restricted mobility during construction work. Mitigation

measures to address restrictions on mobility and access have been included in the subproject ESMP.


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7. IMPLEMENTATION SCHEDULE

7.1. Introduction

A cut-off-date has already been announced as 16th November, 2018 during the stakeholders’ consultation process.

After final identification of APs list, the necessary assistance shall be paid by PIU-KNIP. The civil works contractor

shall not be mobilized prior to successful implementation of ARAP in concurrence with World Bank polices. The

PIU-KNIP will not provide compensation to structures which are built after the cut-off date, as it will not entitled to

any compensation in accordance with the entitlement matrix.

The tentative implementation schedule reflects the sequencing and duration of activities planned, the schedule

recognizes that activities will be taking place simultaneously and allows within reason for staggered starts. The

implementation schedule is designed to avoid conflicts. But, as a contingency, time is allowed for mediation, and

the impact this may have on payments is recognized. A certain period is also allowed for grievance resolution

process. Nonetheless, in the spirit of the ARAP, the aim will be to have the process finished within specified time

frame. PIU will ensure that APs are paid entitlements as soon as possible, definitely before commencement of

construction activity. The ARAP implementation will continue till January 2020 till the project is completed to monitor

the situation of APs.

7.2. Implementation Schedule

The basic resettlement related steps for preparation and implementation of this ARAP are summarized in Table 7.

Table 7: Implementation Schedule

Sr.

No Activities Responsibility

Time Frame (In months)

Nov-18

Dec-18

Jan-19

Feb-19

Mar-19

Apr-19

May-19

Jun-19

Jul-19

Aug-19

Sep-19

Oct-19

Nov-19

Dec-19

Jan-20

1 Consultations PIU & PSCMS

2

Assessment of losses and inventory preparation (socio- Economic and DMS surveys)

Resettlement Specialist-PIU

3

Preparation of 1st Draft ARAP and comments incorporation from WB


4 Preparation of 2nd draft ARAP


5

Preparation of final ARAP

6 Award of contract for civil work

PIU-ESRU


34

Sr.

No Activities Responsibility

Time Frame (In months)

Nov-18

Dec-18

Jan-19

Feb-19

Mar-19

Apr-19

May-19

Jun-19

Jul-19

Aug-19

Sep-19

Oct-19

Nov-19

Dec-19

Jan-20

7 Disbursement of compensation

PIU

8

Implementation of ARAP (payment of compensation)

PIU

9 M&E PIU & M&EC

10 Grievance Resolution

PIU, PSCMS & CC


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8. MONITORING AND EVALUATION

8.1. Introduction

Monitoring involves periodic checking to ascertain whether activities are progressing as per schedule while

evaluation is essentially a summing up, at the end of the project assessment at the actual achievement in

comparison to those aimed at during the implementation. ARAP implementation will be monitored both internally

and externally.

8.2. Monitoring of ARAP

Monitoring of the implementation of ARAP will be done at two levels. One is internal and the other is external

monitoring. The internal monitoring will be carried out by the ESRU-PIU. The external/independent monitoring will

be carried out by Monitoring and Evaluation Consultants (M&ECs) to be hired by the PIU for the sub-project. The

objective of monitoring and reporting of ARAP implementation is to identify implementation problems and successes

as early as possible so that the implementation arrangements can be adjusted.

Monthly, quarterly and annual ARAP implementation reports will be produced by the ESRU while PSCMS will be

responsible to carry out regular monitoring which will begin at the execution of civil work till the completion of work.

8.3. Participation of APs in M & E

Involvement of APs in the M&E process would give them a sense of ownership and therefore avoid many problems

which could arise during implementation of resettlement activities. While assisting the monitoring activities of the

PIU would also be responsible for involvement of the APs in the process. PIU will assist in selecting members from

the PAPCs to the monitoring and evaluation team and will keep all PAPCs informed of the monitoring process

through provision of monthly reports.

8.4. Reporting

Monthly, quarterly and annual ARAP implementation reports will be produced by the ESRU-PIU, while M&ECs will

be responsible to carry out regular external monitoring.


36

ANNEXURE A: IMPACTS AND COMPENSATION

Information available on file with project authority


37

ANNEXURE B: TOPOGRAPHIC MAPS


38


39


40

ANNEXURE C: PICTORIAL VIEW OF CONSULTATIONS

Picture1: Consultation with Hawkers Picture 2: Consultation with School Proprietor

Picture 3: Affected Kiosk Picture 4: Current Encroachment


41

Picture 5: Affected Washroom

Picture 7: Consultation with Husk owner’s employee Picture 8: Public Consultation with female group

Picture 6: Consultation at Brick Owner Shop


42

ANNEX D

Table 3: Entitlement Matrix Type of Loss

Specification Eligibility Entitlements

1. LAND (Presently land acquisition is not involved, however In case if land is acquired for future unforeseen impacts, then the land compensation is addressed as under;)

Impact on and land-based livelihoods All land losses All PAPs with land-based livelihoods affected

Preference given to land-based

resettlement strategies (however, it does not look feasible in Karachi, in case if applicable) that include resettlement on public or private land acquired or purchased for resettlement with secure tenure.

If land is not the preferred option of PAPs, or sufficient land is not available at a reasonable price, non-land-based options built around opportunities for employment or self-employment will be provided in addition to cash compensation at full replacement costs for land and other assets lost. The lack of land will be demonstrated to the satisfaction of World Bank. The following entitlements will apply if replacement land is not available or is not the preferred option of the PAPs:

Permanent impact on land All land losses independently from impact severity

Owner (titleholder, or holder of traditional rights

Cash compensation at full replacement

cost (RC) including fair market value plus 15% compulsory acquisition surcharge all transaction costs, applicable fees and taxes and any other payment applicable

If BoR3 compensation falls below RC, the project will pay the differential as resettlement assistance to the PAPs to restore affected livelihoods.

Type of Loss Specification Eligibility Entitlements Temporary land occupation Land temporarily required during civil works

Restoration of land to original state Guarantee of access to land and structures located on

remaining land

Non-titled user Restoration of land to original state Guarantee of access to land and structures located on remaining land

2. STRUCTURES Residential, commercial, public, community

Partial Loss of structure Owner (including non-titled land user)

Cash compensation for affected

structure (full or partial taking into account functioning viability of remaining portion of partially affected structure) at full replacement cost and repair of remaining structure at market rate for materials, labor, transport and other incidental costs, without deduction of depreciation.

Right to salvage materials from lost structure

For vulnerable households, provide legal and affordable access to adequate housing to improve their living standard to at least national minimum standard.

Any improvements made to a structure by a tenant will also be taken into account in the calculation of compensation at full replacement cost payable to the owner and any apportionment due to the tenant as agreed at consultation meetings.

Lessee, tenant Cash refund at rate of rental fee proportionate to size of lost part of structure and

duration of remaining lease period already paid. Any improvements made to a structure by a tenant will also be taken into account in

the calculation of compensation at full replacement cost payable to the owner and any apportionment due to the tenant as agreed at consultation meetings.


43

Type of Loss Specification Eligibility Entitlements Full loss of structure and relocation Owner

(including non-titled land user) The APs may choose between the following alternatives:

Compensation through provision of fully titled and registered replacement structure of comparable quality and value, including payment of all transaction costs, such as applicable fees and taxes, at a relocation site or a location agreeable to the APs.

Any improvements made to a structure by a tenant will also be taken into account in the calculation of compensation at full replacement cost payable to the owner and any apportionment due to the tenant as agreed at consultation meetings.

If the market value of the replacement structure is below that of the lost structure, cash compensation for the difference in value without deduction of depreciation.

If the market value of the replacement structure is above that of the lost structure, no further deductions. or

Cash compensation at full replacement cost, including all transaction costs, such as applicable fees and taxes, without deduction of depreciation for age, for self-relocation. In any case, AP has the right to salvage the affected structure.

Lessee, tenant Cash refund at rate of rental fee proportionate to duration of remaining lease period

Moving of minor structures (fences, sheds, latrines etc.) Owner, lessee, tenant

The APs may choose between the following alternatives:

Cash compensation for self-relocation of structure at market rate (labor, materials, transport and other incidental costs, as required, without deduction of depreciation for age)

Type of Loss Specification Eligibility Entitlements Or

Relocation of the structure by the Project. Stalls, kiosks Vendors

(including titled and non-titled land users)

Allocation of alternative location comparable to lost location, and

Cash compensation for self-relocation of stall/kiosk at market rate (labor, materials, transport and other incidental costs, as required, without deduction of depreciation for age)

Trees Cultivator The compensation will be made at the replacement

value (RV) of the trees. Fruit-bearing trees; if the tree is at or near fruit-bearing stage, the estimated current market values of the fruit produce for 3 seasons will be paid.

The project developer will re-plant the trees with a ratio of 1:5.

3. RESETTLEMENT & RELOCATION Relocation Assistance All types of structures affected All PAPs titled/untitled requiring to

relocate as a result of losing land and structures

The project will provide logistic support

to all eligible PAPs in relocation of affected structures whether project based relocation or self-relocation as opted by the APs.

If project based relocation, APs will be provided with fully functional public services and facilities including school, health centre, community centre, electricity, water supply and sewage and irrigation facility with their long term operation and maintenance planned and agreed.

The graveyard and shrine will be shifted/protected with the consent of religious persons, APCs and local people.


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Type of Loss Specification Eligibility Entitlements Security of tenure Replacement land and structures All PAPs and tenants needing to relocate

to project relocation sites.

If PAPs are required to relocate to project relocation sites, they will be provided with secure tenure to the replacement land and structures.

Transport allowance All types of structures requiring relocation

All PAPs and tenants required to relocate as a result of losing land and structures

Compensation (in cash or kind as

agreed with PAPs) to all eligible APs, squatters and encroachers.

For residential and commercial structure the project developer will pay the amount depending upon the situation on ground as per its value.

House rent All types of structures requiring relocation

All PAPs and tenants required to relocate as a result of losing land and structures

A lump sum amount, as agreed

between the APs and project team, to assist the PAPs in renting house for a negotiated period of time.

Transition allowance All types of structures requiring relocation

All PAPs and tenants required to relocate

On a case to case basis, transitional

allowance equal to 3 months of recorded income or equal to inflation adjusted official poverty line, whichever is higher.

Arable, residential and commercial land and structures

All types of structures All PAPs titled/untitled losing land & structures

Additional cash compensation of 15%

as solarium over and above the BOR compensation price as compulsory land acquisition charges.

Payment of any price differential or top-up based on replacement cost study.

Type of Loss Specification Eligibility Entitlements 4. INCOME RESTORATION Businesses Temporary business loss due to

Resettlement or construction activities by Project

Owner of business (registered, informal) Cash compensation equal to lost

income during period of business interruption up to 3 months based on tax record or, in its absence, comparable rates from registered businesses of the same type with tax records, or at least inflation adjusted OPL.

Permanent business loss due to Resettlement without possibility of establishing alternative business

Owner of business (registered, informal) Cash compensation equal to lost income for one 3

months based on tax record or, in its absence, comparable rates from registered businesses of the same type with tax records, or at least inflation adjusted OPL And

Provision of re-training, job-placement, additional financial grants and micro-credit for equipment and buildings, as well as organizational/logistical support to establish PAPs in alternative income generation activity

Employment Temporary employment loss due to Resettlement or construction activities

All laid-off employees of affected businesses

Cash compensation equal to lost

wages during period of employment interruption up to 3 months based on tax record or registered wage, or, in its absence, comparable rates for employment of the same type, or at least inflation adjusted OPL.

If required by Pakistan’s labor laws and regulations/codes, the compensation will be paid to the employer to enable him/her to fulfill legal obligations to provide compensation payments to laid-off employees, to be verified by EA/relevant government official.


45

Type of Loss Specification Eligibility Entitlements Permanent employment loss due to Resettlement without possibility of re-employment in similar sector and position in or near area of lost employment

All laid-off employees of affected businesses Cash compensation equal to lost wages for 3-6

months, based on tax record or registered wage, or, in its absence, comparable rates for employment of the same type, or at least inflation adjusted OPL.

If required by the applicable labor code, compensation will be paid to employer to enable him/her to fulfill legal obligations to provide severance payments to laid-off employees, to be verified by government labor inspector And

Provision of re-training, job-placement, additional financial grants and micro-credit for equipment and buildings, as well as organizational/logistical support to establish PAPs in alternative income generation activity

5. PUBLIC SERVICES AND FACILITIES Loss of public services and facilities Schools, health centers, administrative

services, infrastructure services, graveyards etc.

Service provider Full restoration at original site or re-

establishment at relocation site of lost public services and facilities, including replacement of related land and relocation of structures according to provisions under sections 1 and 2 of this entitlement matrix

6. SPECIAL PROVISIONS Vulnerable APs Livelihood improvement All vulnerable PAPs including those

below the poverty line, the landless, the elderly, women and

Provision of training, job-placement,

additional financial grants and micro-credit for organizational/logistical support to establish APs in alternative income generation activity.

Type of Loss Specification Eligibility Entitlements children, and indigenous peoples.

Subsistence allowance equal to 3 months of official poverty line, and other appropriate rehabilitation to be defined in the RAPs based on income analysis and consultations with PAPs.

Preferential selection for project related employment.

Loss of land All vulnerable PAPs Assistance in identification and purchase or rental of

new plot Assistance with administrative process of land

transfer, property title, cadastral mapping and preparation of compensation agreements

Loss of structure All vulnerable PAPs Assistance in construction of new structure Assistance in identification and purchase or rental of

new structure Assistance with administrative process of registration

of property and preparation of compensation agreements

Assistance with transition to relocation site

Temporary land acquisition All vulnerable PAPs Preferential treatment to avoid or mitigate as quickly

as possible Provision of access to land and residence suitable to

disabled and elderly PAPs

Women Loss of land and structures Titled or recognized female owners of land and structures

Titling of replacement land and

structures in female owner’s name Cash compensation at full replacement

cost paid directly to female owners

Loss of livelihood Female livelihood losers directly affected Compensation paid directly to female livelihood loser


46

Type of Loss Specification Eligibility Entitlements Updating of RPF Unanticipated impacts and negotiated

changes to entitlements All PAPs

To be determined in accordance with the Involuntary Resettlement requirements of the World Bank’s OP 4.12 and local legal framework

RPF and specific subproject RAPs to be updated and disclosed on World Bank website

Standards of this RPF not to be lowered


47

ANNEXURE E: DETAILS OF ASSETS VALUATION

Detail of Market Rates for Pacca Structures

Latrine

Sr. No Description Qty Unit price (PKR) Amount (PKR)

1 Cement Blocks, 5” 150 20 3000

2 Cement Bags 5 650 3250

3 Sand cart 1 750 750

4 Plastic Roof 1 2000 1500

5 Mason 1 1500 (wage Per day) 3000

6 Skilled Labour 1 1000 (Labor Per day) 2000

7 Flush 1 5000 2500

8 Iron Door 1 4000 4000

Total 20000/-

Water Tank

Sr. No Description Qty Unit price (PKR) Amount (PKR)

1 Cement Blocks, 5” 150 20 3000

2 Cement Bags 10 650 6550

3 Sand cart 1 800 800

4 Iron Rods 30 KG 140 4200

5 Mason 1 1500 (wage Per day) 3000

6 Skilled Labor 1 1000 (Labor Per day) 2000

7 Water Tap 2 225 450

Total 20000


48

Questionnaire

SOCIO ECONOMIC AND RESETTLEMENT SURVEY FOR KARACHI NEIGHBORHOOD IMPROVEMENT PROJECT Date: ____________ ID No. ______ 1. Identification 1.1 Name of Respondent ____________________ 1.2 Father’sName__________________ 1.3 Respondent CNIC No: ___________________ 1.4 Tribe_________________________ 1.5 Address: Village: ____________________________ Town: ______________________________ Tehsil: _____________________________ District: _____________________________ Province:________________________________ 1.6 Demographic Profile of Respondent(Children up to 10 yrs (#): M___,FM ___=T____)

Sr. No.

Relationship with Respondent (See codes)

Sex Male=1 Female=2 A

ge

(Yrs

.)

Edu

catio

n

(See

Cod

es)

Nam

e of

Bus

ines

s/

Occ

upat

ion

(See

Cod

es)

Inco

me

Fro

m

Bus

ines

s/

Occ

upat

ion

(Rs.

/ Ann

um)

Dis

ease

s D

urin

g

Last

Yea

r (S

ee

code

s)

Main

Secondary Main Secondary

1 SELF

2

3

4

5

6

7

8

9

10

*Other: Rent from property, remittances, net sale of items during a year, net income from agriculture etc. Demographic Codes: Relationship: 1=Self, 2=Wife, 3=Son, 4=Daughter, 5=Father, 6=Mother, 7=Brother, 8=Sister, 9=Grand Father, 10=Grand Mother, 11=Bhabhi, 12=Nephew, 13=Father-in-Law, 14=Mother- in- Law, 15=Others Sex: 1=Male, 2=Female Education: 1= Primary 2= Middle 3= Matric, 4= Intermediate, 5= BA/BSc, 6= MA/MSc, 7=LLB, 8=Engineer, 9=MBBS, 10=Technical Diploma, 11=Dars-e-Nizami, 12=CanRead Quran, 13= Can Insert Signatures, 14= Illiterate, Occupations: 1=Agriculturist, 2=Shopkeeper, 3= Trader, 4= Govt. Servant, 5=Private Servant, 6=Timber Labour, 7=General Labour, 8=Livestock, 9=Fishing, 10= 8=Driver, 11=Health Related, 12=Educator/Teacher, 13=House-Maid, 14= House Wife, 15=Gone Abroad, 16=Gone out City within Pakistan Diseases: 1=Diarrhea, 2=Measles, 3=Hepatitis, 4=Typhoid, 5=HIV/AIDS, 6=Polio, 7=Cholera, 8=Tuberculosis, 9=Heart Disease, 10=No Disease,

1.7 Are you member of any village Community organization ____ 1. Yes 2. No

1.8 If yes, which of the following organizations? i. Religious ______ ii. Political _____ iii. Law & Order _____ iv. Educational (formal/informal) ______ v. Community Organization ______ vi. Local Jirga______ vii. Youth Organization______viii. Any other _______


49

2. Land Utilization

Land Acre Kanal Marla

Total Area owned

Total Cultivated Area

Area Under Rabi( winter) Crops

Area Under Kharif (summer) Crops

Uncultivated Area

Waste land

Area Under Farm Houses

Barren Land

2.1 Cropping Pattern, Yield and Cost

Sr. No. Major Crops

Area Sown Av. Production (Kgs)

Price/40 kgs (Rs.)

Total Cost Incurred (Rs.)

Acre Kanal

1 Wheat

2 Maize

3 Cotton

4 Rice

5 Sugarcane

6 Orchards

7 Other

8 Grand Total:

2.2 Land Tenure Status Owner _____ Tenant _____ Share Cropper _____ Leaser ______ 2.3 Land Rent (Rs. / acre) ____________ 3. Possession of Household Goods

Item No. Value (Rs.) Item

No. Value (Rs.)

Television Car

Washing machine Van/Pickup

Geyser Gas Cylinder

Electric fan VCR/DVD Player

Electric iron Dish Antenna/Cable Connection

Sewing machine Telephone/Mobile

Radio/tape recorder Electric Water Pump

Motor cycle/ scooter Computer

Other______________

Other _____________

Total: Total:

4. Average Monthly Expenditure on Food and Non-Food Items 4.1 Monthly Expenditure on Food & Non-Food Items (Rs.)


50

Expenditures on Food Items

Sr. No.

Item Qty. / Month Expenditure (Rs.)

1. Wheat / Atta (Flour)

2. Maize Flour

3. Ghee

4. Sugar

5. Legumes

6. Vegetables

7. Tea Leaves

8. Milk

9. Other Specify

10. Total:

b) Exp. On Non-Food Items:

1. Fire wood

2. Gas Cylinder

3. Kerosene Oil

4. Washing Material

5. Other Specify

6. Total:

4.2 Expenditure on clothes and shoes during last year: ______________ Rs. 4.3 Occasional expenses during last year ______________ Rs. (such as meeting social obligation expenditure) 4.4 Av. Monthly utility bills for: Electricity (Rs.) ________________ Communication (Rs.)__________ Water (Rs.) __________________ 4.5 Annual Expenditure on Health Care (Rs.): ______________ 5. Social Organizations 5.1 Specify the existing village/social organizations in your area and state their functional status?

Sr. No.

Name of Organization

Category Registered/ Unregistered

Functions

1 Religious

2 Educational

3 Skill Development

4 Social Welfare

5 Women Organization

6 Other

6. Leadership Pattern 6.1 Which type of people is influential in village matters and how they decide these matters?

Sr. No.

Person / Status Decision Pattern

1 MPA / MNAs

2 Head of Tribe

3 Spiritual / Religious Leader

4 Land Lord / Lumber Dar

5 School Teacher

6 Community Leader

7 Government Official


51

8 Retd. Government Official

9 Any other (specify)

6.2 Were their decisions considered final and implemented successfully? 1. Yes 2. No

i) Level of acceptability (%) _______ ii) Successful implementation (%) ______ 6.3 Are the general relationship among people in the locality essentially based upon? 1. Competition ________________ 2. Conflict _______________ 3. Co–operation _______________ 4. Don’t Know ____________

6.4 Were you involved in any dispute in the past 5 years? 1. Yes 2. No

6.5 If yes, what was the nature of dispute and how was it resolved Nature of Dispute Method of Resolution 1. ___________________ _____________________________ 2. ___________________ _____________________________ 3. ___________________ _____________________________ 7. Credit 7.1 Have you obtained credit during last year? Yes [ ], No. [ ], if yes, source of credit: Formal [ ], Informal [ ] 7.2 Please write the name of relevant source Formal source (s) _____________________________________________ Informal source (s) ____________________________________________ Percentage of interest _________________________________________ 7.3 Purpose of Loan (Tick)

Purchase House Rs. _____________ Business Rs. _____________ Repair of House Rs. _____________ Medicare of Family Member Rs. _____________ Family/ Social matters Rs. _____________ Farm inputs Rs. _____________ Livestock Rs. _____________ Other (specify) Rs. _____________ 7.4 Mode of repayment (Tick the relevant) 1) One time [ ] 2) Through installments [ ], i) Quarterly installments [ ] ii) Six monthly [ ], iii) Annual [ ] iv) Other (specify) _________ 7.5 How much repayment has been made so far? a) 100%[ ], b)75% [ ], c) 50% [ ], d) 25% [ ], Less than 25 % [ ] 8. Housing Conditions 8.1 Do you have your own house?


52

1) Yes ____ 2) No. ____ If yes then 8.2 Total Area of the house: square ft. Present Value (Rs)________.

Type of Room

No. of Room

Katcha

(tick)

Pacca (tick)

Semi Pacca (tick)

Living rooms

Animal shed

Other shed

Bathroom

Latrine

- Open

- Flush

- Other

8.3 Other Assets Area (Ft.) Shop(Sq. ft): L ____ W ____ Khokha: _________ Electric Pump / Hand Pump (No.): _________ Hydropower Generator: _________ Other (________) (No.): _________ 8.4 Trees - Mature Fruit Trees (No.): _________ ______________ - Mature Shade Trees (No.) _________ ______________ 9. Access to Social Amenities (Tick)

Social Amenities Available Satisfactory

Non-Satisfactory No Access

Electricity

Sui Gas

Water Supply

Telephone

Sewerage/Drainage

BHU

School

Others

10. Livestock Inventory Livestock No. Present Value (Rs.)

Buffaloes

Cows

Horse

Donkey

Mule


53

Sheep

Goat

Poultry

Other

11. Women’s Participation and Decision Making in Different Activities 11.1 Women participation in different household activities: Activities Participation (%) Decision Making (%)

Household activities

Child caring

Farm/Crop activities

Livestock rearing

Sale & Purchase of properties

Social obligations (marriage,

birthday & other functions)

Local representation (councilor/

political gathering)

Others

11.2 Women issues in the project area _______________________________________________ ________________________________________________ 11.3 Women views about the project _______________________________________________ _______________________________________________ 12. Perceptions of Respondents for Action Associated with the Project Increase Decrease

Employment opportunities

Marketing facilities opportunities

Living standard

Unemployment

Income generating activities

Mobility (Access to Resources)

Quality of drinking water

Agriculture water

Trend of fish farm

Other specify________________________________


54

13. General Remarks of the Respondents 14. Resettlement Part 14.1 Do you feel any resettlement impact? Yes ______ No ______ If yes then

Category Area Value of

Land (Rs.) Remarks

Acre Kanal

Cultivated

Uncultivated

Grazing

Barren Land

Waste Land

Other

Total

14.2 Affected Cropping Area Yes ______ No ______ If yes then

Name of Crop Acre Kanal Value (Rs.)

Rabi

Kharif

Total:

14.3 Affected residential structures

Name of Structure

Types of Structures Area

Value of Structure

Kacha Pacca Semi Pacca

Sq. ft.

Rft.

Houses

Boundary Wall

Other

14.4 Impact on Farm House Yes ______ No ______ If yes then

Name Type of Farm House Area Value (Rs.)

Kacha Pacca Semi Pacca

Sq.ft Rft.

Rooms

Cattle Shed

Boundary Wall


55

Other

14.5 Impact of Tube wells Yes ______ No ______ If yes then

Types of Tubewells No. Value (Rs.)

Electric

Diesel

Turbine

Other

Total:

14.6 Impact on Utility Yes ______ No ______ If yes then

Types Nos. / Area

Electric poles

Transformer

Transmission line

Telephone

Other

Total:

14.7 Impact on Community Structure

Name Yes No Value (Rs.)

Schools

Mosque

Graveyard

Health Centre

Shrine

Others

Total:

14.8 How to shift shrines / graveyards? ________________________________________________________________ ________________________________________________________________ 14.9 Miscellaneous Impacts of the Project __________________________________________________________________ __________________________________________________________________


56

__________________________________________________________________ 14.10 Do you have any alternate residence place?

Yes No

If yes then (tick relevant)

Own Land / House Yes/No Location Distance from current residence (km)

Tenancy

Relative

Other

14.11 Mode of Payment Land for land _____________________ Cash compensation _____________________ Kind _____________________ Other _____________________ 15. People concern about KNIP? __________________________________________________________________ __________________________________________________________________ 16. Views / Comments of Interviewers __________________________________________________________________ __________________________________________________________________ Name & Signature of Interviewer: ___________________________ Date:__________

karachi neighbourhood improvement project …€¦ · in accordance with the project’s...

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