LAND ACQUISITION

REHABILITATION & RESETTLEMENT WORKS

IN

UTTAR PRADESH STATE ROAD PROJECT

BY

P.P. PATHAK

WHAT IS LAND UNDER LAW

• Land includes benefits to arise out of land, things attached to earth or permanently fastened to things attached

• Includes soil, water, buildings, trees, minerals

• Includes rights to land-leases and licenses

• Includes right to easements

• Land may be owned, held under lease/license or there may be right of easement

Eminent Domain

Eminent Domain means first right. This is an old principle which explain why government can take land from private owners.

The argument is that every thing belongs to God. Therefore all land vests in the king.

All land belongs to State.

LAND PROPOSED TO BE ACQUIRED IN UTTAR PRADESH STATE ROAD PROJECT

Name of Work Title HolderLand proposed

for Acquisition in Hectare

Shergarh GhatBridge Approach 93 6.700

Sharda Bridge Approach at

Chehlari132 24.590

Bangarmau Bypass in Package UPG-

01182 8.276

Approach of 14/1 Bridge in

Package UPG-04137 9.956

NEGOSIATED SETTELEMNTS METHODOLOGY AND ACTIVITIES CARRIED OUT BY UPPWD FOR

ACQUISITION OF LAND ON GROUND

• Demarcation of the alignment on ground.

• Joint verification by revenue, PWD officials and NGOs of record of rights in the field with farmers who physically possess the land.

• Identification of outdated records of each plot, if any.

• Preparation of the Record of rights of the titleholder.

Cont…..• Finalization of the share of each eligible

owner of the land that will be purchased.• Assessment of the market value of land in

accordance with the R&R policy accepted for the project.

• Preparation of the draft micro-plan indicating the R&R package of each affected titleholder.

• Consultation with each affected titleholder on the package they will receive.

• The draft micro-plan displayed at public places in the villages.

Cont…..• Finalisation of the micro-plan in

consultation with the affected people.• Documentation of the process of

consultation.• Submission of the agreed replacement

cost for the affected land to the District Magistrate for approval along with all the documents of consultations.

• After the approval of the replacement cost of the affected land, disbursement of the R&R package to entitle person and registration of the land in favour of the Governor.

• Mutation

Implementation Of R&R Policy In Uttar Pradesh State Roads Project

• R&R not yet remarkably adopted by different Govt. sponsored (non Bank Funded) Projects prior to any upcoming infrastructural development projects while it has been duly incorporated in Bank Funded Projects.

• To maintain the transparency & effective implementation of the project, the need of a third party stakeholder has not yet been noticeably felt while they have been engaged in Bank Funded projects.

• At the cost of 1.6% value of the total project, the R&R issues could be handled quite effectively but the provision for the same is not made on all the occasions while in the Bank Funded Projects the same is made in the estimate itself.

• R&R should become part and parcel of all such projects which are going to impact sizeable area and families. The restoration of livelihood could be better managed through R&R process.

• NGOs & Monitoring Consultants should be incorporated to ensure effective relocation of PAFs & subsequently their livelihood restoration.

• The provision of 2-3% value of the project cost should be incorporated in the budget itself so that such major relocation of PAFs and their livelihood could be achieved as per schedule of the project.

Gaps between Bank & Non Bank Funded Policies - Suggestions

Cont…• In the DPR stage itself, the

social and environmental aspects get top priority in the Bank Funded Projects while in other policies these two aspects usually do not get as much appreciation.

• Participatory approach involving local communities to address the site specific requirements/ amenities are practiced in Bank Policies while in other policies the same is usually not done.

• R & R is the only human face of the project & it should not be ignored. The right to live and to earn livelihood are the fundamental rights. The safety and environmental norms should be adhered more vigorously.

• Participatory approaches should be followed in an integrated sequence to achieve better result with an eye to fulfill the gaps between developed and underdeveloped stages.

Implementation Of R&R Policy In Uttar Pradesh State Roads

ProjectThe Approved R&R Policy for Uttar Pradesh State Roads Project is applicable for :

(i) Non-title holders (NTH);(ii) Title Holders (TH).Resettlement Action Plan (RAP)

• Two types of surveys to be conducted 1. Census survey of 100% PAP.2. Baseline Socio Economic Survey of

25% PAP.

• Census Survey to include resource base including land, water, economy base and the social structure

• Baseline survey to include exact map of the area, analysis of social structure and special focus on the tribals - the resources and relationships to other group.

Positive & Negative Impacts• Increased traffic

speed• Low VOC• Adequate safety• Induced positive

factors

• Involuntary relocation

• Severance in land and assets

• Reduced income • Induced negative

factors

Basic Approach• Every effort to be made to minimize the

negative impacts• Every effort to ensure involvement of people

and stake holder in Project Planning and Execution

• To provide adequate compensation for the loss of land and structure to the Project Displaced Person (PDP) to improve or at least retain the current standard of living.

• Compensation for lost assets to the vulnerable squatters and encroachers. .

• R&R to be determined as per the respective entitlement framework of PDP.

Non-Title Holders:The major activities involved to be executed by NGO in consultation with CRRO and Monitoring and Evaluation Consultants prior to disbursal of compensation / assistance amount are:

(i) Verification of PAPs as per the list furnished in RAP.

(ii) Marking and documentation of all the structures falling in the COI. The NGO should be well versed with the different types of the cross sections along the alignment. The list of ROW may be used as ready reference to document the above mentioned information. This exercise is of utmost importance as the status of various micro plans will hinge on it.

(iii) The photography of the PAP as well as the structure should be done preferably with the name of the PAP and the location details clearly written on a slate.

(iv) The census from to be filled with utmost care as only incomplete census forms invite petition.

(v) Even after satisfactory completion of the census form the main beneficiaries may be asked to furnish a suitable notarized draft clearly stating that only he / she is the head of the NTH family and the other major / minors have no objection as such if the compensation / assistance is provided to him through joint account.

(vi) Vulnerability / Non-vulnerability to be established only on firm documentary proof

(vii) Valuation of individual structures to be done through Govt. Approved Valuator and the same to be made known through suitable means to the concerned PAPs. As major money is involved in the cost of structures, this exercise has to be done very carefully.

.

Once the draft micro plan has been verified by consultants by the RRO, the necessary changes / suggestions may be incorporated and the same micro plan is to be submitted for the approval of District level committee.

The micro plan should be exhaustive with all necessary details. The remarks column should contain the information in reference to the

type of Training, ERG (if yes), future plans of relocation and the resolution to rehabilitate again. All the legends should be described in the footing of the page.

Once the micro plan stand approved by the District Level Committee, the other set of activities to be executed by NGO are:

(i) To prepare and serve the notice to Squatter, Encroacher and Kiosks

(ii) The joint account of the individual PAPsto be opened .Each such file should have the following

(a) I-card;(b) Census From;(c) Evaluation of structure;(d) Photograph of the structure.

(iii) Recommendation letter from the NGO;

(iv) Some proof / certification on the basis of which money from the bank could be released;

(v) The equivalent amount of vouchers;

(vi) Photograph of different stage of construction.

Conclusion :• It was observed that Land

Acquisition by Negotiated Settlement is quicker than other Acts so it was adopted for Land Acquisition in Uttar Pradesh State Roads Project. Similarly Rehabilitation and Resettlement Policy approved for Uttar Pradesh State Roads Project was also very helpful in removal of encroachment on Government Land required for construction work.

THANKS