resettlement plan - adb.org

20
Resettlement Plan Document Stage: Updated Project Number: 36173-013 October 2017 SRI: Greater Colombo Wastewater Management Project Sub Component: M26 Sewer Line – Railway Quarters Rd in Maligawatta East (Supplementary Resettlement Plan - 1) Prepared by Project Management Unit of Greater Colombo Wastewater Management Project, Government of Sri Lanka for the Asian Development Bank. This updated resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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Page 1: Resettlement Plan - adb.org

Resettlement Plan

Document Stage: Updated

Project Number: 36173-013

October 2017

SRI: Greater Colombo Wastewater Management

Project

Sub Component: M26 Sewer Line – Railway Quarters

Rd in Maligawatta East (Supplementary Resettlement

Plan - 1)

Prepared by Project Management Unit of Greater Colombo Wastewater Management Project, Government of Sri Lanka for the Asian Development Bank.

This updated resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Page 2: Resettlement Plan - adb.org

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RESETTLEMENT PLAN – SIX SUB-PROJECTS ON GRAVITY SEWER LINES

SUPPLEMENTARY RESETTLEMENT PLAN - 1

Revision of Resettlement Action Plan (RAP) for M26 Sewer Line

Sub Project Area: M26 Sewer Line -Mallikarama Rd in Dematagoda

GREATER COLOMBO WASTEWATER MANAGEMENT PROJECT (GCWMP)

Number of Affected Families - One

Document Stage: Final Draft Report

Project / Loan Number: 2557/ 2558 SRI

24th April 2017

Prepared by Project Management Unit of Greater Colombo Waste Water Management

project (GCWMP)

The resettlement plan is a document of the borrower. The views expressed herein do not

necessarily represent those of ADB’s Board of Directors, Management, or Staff, and may be

preliminary in nature

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Contents

Page

A Executive Summary 4

B Introduction 5

C Details of the Affected Family 10

D Details of the Original Resettlement Plan 11

E Details of the Supplementary Resettlement Plan 12

F Budget of Supplementary Resettlement Plan 14

G Implementation Schedule 16

H Recommendations 17

Annexes Consent Letter from Affected Party 18

Item 1: Copy of English version of consent letter

Item 2: Copies of Consent letter

Tables

Table 1 Socio economic profile of affected family in M26 12

Table 2 Original Resettlement Budget 15

Table3 Budget of Supplementary Resettlement Plan 16

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ABBREVIATIONS

ADB - Asian Development Bank

AP - Affected Person

CMC - Colombo Municipal council

DSC - Design and construction supervision consultants

GCWMP - Greater Colombo Waste Water Management Project

NIRP - National Involuntary Resettlement Policy

NWSDB - National Water Supply and Drainage Board

PAPs - Project Affected People/ Families

SRP - Supplementary Resettlement Plan

RP - Resettlement Plan

RAP - Resettlement Action Plan

RS - Resettlement Specialist

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RESETTLEMENT PLAN – SIX SUB-PROJECTS ON GRAVITY SEWER LINES

SUPPLEMENTARY RESETTLEMENT PLAN – 1

Revision of Resettlement Action Plan (RAP) for M26 Sewer Line

Sub Project Area: M26 Sewer Line -Mallikarama Rd in Dematagoda

Greater Colombo Wastewater Management Project (GCWMP)

A Executive Summary

This Supplementary Resettlement Plan -1 (SRP-1) is prepared to revise the original resettlement plan

prepared for the M26 sewer line under the Gravity Sewer Rehabilitation sub-project in Colombo Area.

M26 sewer line is one of the sewer lines identified for rehabilitation under the above sub-project. The

original resettlement plan was prepared in 2013 and the ADB approval for the same was obtained.

This Supplementary Resettlement Plan is applicable to the resettlement of one family in the Mallikarama

Road of the M26 sewer line. The affected family is a headed by a widowed woman living with his son and

his family. Altogether, there are four people in the house. They have average monthly income of Rs.

41,000.00.

The house is in a government property owned by the Sri Lanka Railway Department. This family has built

the house in an encroached land on their own. According to them, the house was built at a cost of around

one million.

This house needs demolition to allow for M26 pipe laying work. As per the original resettlement plan

approved by the ADB the agreed compensation package included; cost of the constructed house, cost of

moving out to a rented place for twelve months, cost of moving the house-hold items, etc. Total

resettlement budge was Rs.1.612 million. Under this plan no restriction was placed for the affected party

to reconstruct the house at the same place after the completion of the project. They have consented the

plan.

During construction, however, the resettlement situation with respect to this family has changed. This was

because due to constructability requirement it was decided to relocate the adjacent manhole to be on the

same place as of the present location of the house. This leaves out the possibility of reconstruction of the

house at the same place. Also during the discussion had with the affected Chief House-Holders (CHH)

[Mrs Fatima Farsana] recently, they explained difficulty in finding a temporary place (rented place) for

resettlement and also expressed concern whether they will be allowed to come back after the completion

of the construction work as the land is not belonging to them.

The revised resettlement plan addressed all these concerns and propose to provide a new two-bedroom

house in Salamulla-Kolonnawa or Henamulla-Mattakuliya UDA housing complexes subjected to the

availability of houses. The price of the house is Rs. 4 million and the affected party will also paid the cost

of moving out. The affected party has agreed to the proposal and given a letter of consent for the

resettlement arrangement. Total cost of resettlement budget is Rs. 4.417 million.

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B Introduction

Greater Colombo Waste Water Management Project (GCWMP) is designed and implemented aiming at

improving the urban environment, public health, and quality of life for residents in Colombo through

improved wastewater management. The project is financed through a loan from the Asian Development

Bank (ADB) [Loan Number: 2557/ 2558 SRI] and implemented by the Government of Sri Lanka. The

project Executing Agency is the Ministry of Provincial Councils and Local Governments (MPC&LG) and

the Project implementing agencies are the Colombo Municipal Council (CMC) and the National Water

Supply and Drainage Board (NWSDB).

The project has three main components. These are: (a) upgrading sewerage infrastructure; (b)

strengthening of institutional and operational capacity and (c) to provide project management and

implementation support to the Project Management Unit (PMU).

The project commencement was August 2010. Two teams of consultants supported/are supporting the

project implementation. One consultant team, i.e. Institutional Development Consultants (IDC) supported

the institutional development work. The other consultant team, i.e. Design and Supervision Consultants

(DSC) is supporting mainly the sewerage infrastructure improvement.

DSC commenced their work in March 2011. As envisaged in the ADB – RRP (Report and

Recommendations of the President to the Board of Directors), the upgrading of sewerage infrastructure

covered two areas i.e. (a) Colombo Area and (b) NWSDB Area. Sewerage System in Colombo Area is

owned, operated and managed by the Colombo Municipal Council (CMC). The system in NWSDB area is

owned, operated, and managed by the NWSDB. Under the project four key sewerage infrastructure

rehabilitation, and improvement sub-project were planned and implemented. Three of these sub-projects

are in the Colombo Area. They are:

(a) Rehabilitation of Main Sewerage System – Pumping Stations, Pumping Mains, Fine Screens

(b) Rehabilitation of Gravity Sewers, and

(c) Rehabilitation of Sea Outfalls

The other sub-project is in the NWSDB Area and the purpose of which was the rehabilitation of sewerage

pumping stations in Dehiwala-Mount Lavinia and Kolonnawa areas.

For all these sub-projects Resettlement Plans were prepared to meet the national and the ADB

requirements where resettlement work is involved. Approvals for these resettlement plans were obtained

from the ADB for all sub-projects. The Resettlement Plans were prepared as guided by the Resettlement

Action Plan Framework (RAPF) developed under the ADB – PPTA (Project Preparatory Technical

Assistance). RAPF was prepared in fact, as part of the Feasibility Study for the GCWMP. [Note: RAPF

was developed by Mr K. Jinapala- and ADB Resettlement Expert Mr. R. Barba].

The Gravity Sewer Rehabilitation sub-project in Colombo Area is one sub-project for which a

resettlement plan was prepared. Approval from the ADB for this Resettlement Plan was obtained in 2013.

The purpose of this sub-project was to rehabilitate 10 km length of sewer lines in Colombo City. The

sewer lines rehabilitation work covered by sub-project includes six sewer lines located in several areas of

Colombo. They are named as A1, M26, T1, U1, U3 and CFM 9. Figure-1 shows these sewer-lines on a

map of Colombo.

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This Supplementary Resettlement Plan 1 [SRP-1] is prepared to address one of the two changes in the

resettlement situation of the M26 sewer line of the Gravity Sewer Rehabilitation sub-project. The other,

which is related to the resettlement of people living in the Railway Quarters Road and Maithree Vihara

Mawatha, addressed through Supplementary Resettlement Plan 2 [SRP-2]. M26 sewer line runs through

several roads (Figure 2). These roads are:

Sri Sadharma Mawatha

Railway Quarters Road

Maithree Vihara Mawatha (Road)

Railway Yard

Mallikarama Road

Dematagoda Road/ N M Ishak Mawatha

SRP-1 covers the changes to the resettlement situation along Mallikarama Road of M26 sewer-line. In the

already approved Resettlement Plan for the Gravity Sewer Rehabilitation sub-project for M26 sewer a

single house in Mallikarama Road is affected to the extent of complete demolition to pave way for the

construction of the access shaft for micro-tunneling work. The affected family is living in a house built on

an encroached land which is owned by the Sri Lanka railways (See Figure 3). Section C provides the

details of the affected family. Section D provides the details of the originally approved resettlement

arrangement (proposed by the project) for this family. The chief householder agreed to the proposed

resettlement plan.

As per the original RP the affected family could return to their place of residence after the completion of

the pipe laying work (no restriction was placed on them to return to the same location). This resettlement

situation has changed because of the requirement to relocate the manhole at this location and placed it at

next to affected house. As per the requirement of the Contract, the contractor having studied the

constructability issues has to propose manhole locations. Consequently, the Contractor has proposed a

new position of the manhole next to this house affecting the reconstruction of a new house at the same

placement. Several large diameter sewers converge in this area. After a review of the plan, the Consultants

agree with the Contractor’s proposal to shift the manhole location. Accordingly, there is no possibility to reconstruct the house at the same location. Also, adequate land is not remaining at this place for

reconstruction of a new house. Therefore, it was decided to provide an alternative house for this affected

family on a permanent basis by modifying the original resettlement proposal. Details of the revised

resettlement plan for the affected family (household) are presented in Section E.

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Figure 1: Sewer Lines Cover by the Sewer Rehabilitation Sub-Project

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Figure 2: Route of M26 Sewer Line with Road Names

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Figure 3: Location of the Affected House

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C Details of the Affected Family

Socio Economic features Information

Name of the chief householder (CHH) FathimaParshana ( Female)

Family size 4

Religion and ethnicity Islamic Muslim

Age diversity of family members

( Presently living in the household)

Chief householder- 47y, Son- 21y, Daughter in Law- 21y

and Grand Daughter- 4y

Education Chief householder –grade 5, Son- G.C.E. ( O/L),, Daughter

in Law- Grade 8, Grand Daughter – Not yet schooling

Employment of the CHH Housewife

Monthly income Husband was a CMC labourer , deceased & wife draws

husband’s pension -Rs 16,000/ month. Son draws

Rs.25,000/ month working in a private sector company –

Total family income/ month Rs. 41,000

Employment of the spouse Husband deceased

Address & other identification details 63, Mallikarama Road, Dematagoda and Telephone

Number 0776068717

NIC number NIC number 657723860v

GN Division & ward Maligawatta -East

Type of community Middle income- Muslim Family

Type of road they live Public road

Use of the house Only for residence

Age of the house Approximately 15 yrs

Description and condition of the house Size 20 ft x 12.5 ft

Roof : Asbestos

Floor: Cement rendered

Walls: Cement-Sand block work

Services: Electricity and water available

Condition: Stable

Photo of the House See Figure 4

Access to other properties No

Access to benefit under Samurdhi No (Note: Samurdhi is the government assistance scheme

for low income families)

Are there disable members in the

family

No

Land ownership to occupant Encroached land

Legal land ownership Sri Lanka government railways

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Figure 4: Photograph of the Affected House

D Details of the Original Resettlement Plan for the Affected Family

The original resettlement plan did not envisage any land acquisition as this is government land. Also

restrictions were not placed on the affected family to return to the same location after the completion of

construction work. Under the RP the cost of the house as per the present construction, rates were estimated

and approved as part of the compensation. In addition, the costs of staying away in a different place in the

same locality (rent cost) and moving household items are provided in resettlement budget. It was assumed

that the period the family has to stay away from construction and until a new house is completed as one

year (12 months). An additional six months were included in this as a contingency, if the construction

work is delayed. Table 1 provides the details of the budget of the original resettlement plan for the

affected house.

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Table 1: The Budget of the Original Resettlement Plan

Negative impact Unit cost-Rs Total cost-Rs

Compensation for the house to be demolished 1,066,312.00 1,066,312.00

Cost to demolish affected housing structure 3,000.00 3000.00

Assistance to shift the household items to a rented-in house

(transport and labor cost for moving household items)

10,000.00 10,000.00

Compensation for renting a house during rehabilitation period

in front of their demolished house for 12 months

15,000

/month

180,000.00

Advance payment for depositing as security fund when a

house is rented (Fund equivalent to 6 months renting fee)

90,000.00 90,000.00

Ex-gratia payment for the socially vulnerable family

(FathimaParshana) (10% of the compensation to be paid for

the affected house)

10,000.00 10000.00

Cost for awareness of AP, other indirectly affected

communities and Construction crew on the RP just before

commencement of rehabilitation work (Lump sum)

25,000.00 25,000.00

Sub-total - 1,384,312.00

Contingency if the Affected family will be compelled to stay

more than 12 months’ in rented place due to delays of the sub-

project completion (for 6 months’ period)

15,000 per

month

90,000.00

Contingency (10%) - 138,431.00

Total - 1,612,743.00

E Details of the Supplementary Resettlement Plan for the Affected Family/House

Several rounds of interviews that were conducted just prior to the preparation of this revised RP revealed

that the house has been built by the occupants (CHH) on their own at a cost around Rupees One Million.

Occupants were aware that the house was earmarked for demolition to find space for sewer laying and

manhole construction work (informed during the original RP preparation in 2013).

The family was informed by the project that they may have to vacate the premises by mid-April 2017 to

allow for the sewer line construction work. During the discussions with the resettlement specialist, the

occupants explained that they are not in a position to find a suitable place for relocation. They also stated

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that it unlikely that the Sri Lanka Railways (SLR) authorities to allow them to return to the same premises

and rebuilt the house.

As explained in the Section B (Introduction) relocation of the nearby manhole in M26 line to the present

location of the affected house also do not allow reconstruction of a house at the same location. Hence, the

return of the family to the same location is no longer possible. Therefore, through this supplementary

resettlement plan (SRP-1), it is proposed to provide a new house for the affected family without cost to

them in place of the demolished house. It was also proposed to provide the new house before any

construction or demolition work commences.

The impacted family has been assured of a new house on a permanent basis in the Urban Development

Authority (UDA) housing complexes at Salamulla-Kolonnawa or Henamulla-Mattakuliya at a cost of Rs.

4.0 Millions (purchased by the project using GoSL funds) together with other costs associated with the

relocation. The locations of the two housing schemes in relation to the location of the affected house are

shown in Figure 5. The implementation this revised RP (SRP -1) would allow commencing work on site

without any disruption and on time. Section F provides the resettlement budget for SRP-1.

The supplementary resettlement plan for this affected family is an enhancement of the original

resettlement plan. As per the original plan the affected family was to be paid only Rs. 1.06 million for the

demolished house. They were not restricted in coming back to their original location, but had to build the

house on their own with the above mentioned compensation package offered to them. However, under the

scenario they will be getting an already build two bedroom house in a UDA housing complex with water

and electricity connections and sewerage services. The proposed new house will be provided to the

affected family before commencement of construction work. This solution also addresses this concern that

they will not be able to find a suitable accommodation for relocation.

Furthermore, the proposed solution will remove any uncertainty that the family is regarding their ability to

return to the same place after completion of construction work. If that is prevented by the CGR (since this

is unauthorized construction) they will be without accommodation once the project support for renting

place comes to an end. The house provided under this SRP is about 572 square feet and is located only

about 3 kms away from the present house and in an adjoining suburb. Family agreed for the SRP-1 and

their consent letter is attached in Annex 1.

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Figure 5: Locations of Resettlement Houses in Relations to the Location of the Affected House

F Budget of Supplementary Resettlement Plan

Budget for relocation of the single affected family in the house to be demolished in Mallikarama

Rd to allow for rehabilitation and construction of the M 26 sewer line is provided in Table 2. The

budget allows for standard two-bedroom house in UDA housing complex in Colombo

(Henamulla-Mattakuliya) or in the suburbs of Colombo (Salamulla-Kolonnawa) and cost of

moving household items. Livelihood assistance is not proposed as the CHH is a pensioner and

son is employed. Family did not ask for any livelihood assistance. They have sufficient family

income to manage the relocation and enjoy a reasonable or decent living.

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Table 2: Budget of the Supplementary Resettlement Plan

No Item Cost - Rs

1 Cost of purchasing the house in UDA housing complex in

Salamulla or Henamulla

4,000,000.00

2 Moving out cost in terms of transport cost for H/H items 8,000.00

3 Livelihood assistance not required as CHH is a pensioner and

son is employed. thus, present family income seems

adequate for their living

-

4 Cost of demolishing the structure of the house 8,000.00

5 Sub-total 4,016,000.00

6 Contingency 10% 401,600.00

7 Total 4,417,600.00

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G IMPLEMENTATION SCHEDULE

It is expected that construction work and rehabilitation of M 26 sub-project area will be completed within

6 months during April – September 2017. It is planned to resettle the affected family by end of April 2017.

Table 3 provides the schedule for resettlement work covered by this supplementary resettlement plan.

Table 3: Implementation Schedule of Supplementary Resettlement Plan

No Item Time line

01 Awareness creation on demolition of house to find space for

Sewer line / Manhole construction work

February 2017

02 Information/ Intimation to the impacted family (Fathima

Parshana)

Family indicated that they are unable to find a suitable

house from the same location requested PMU to find house

for relocation

Informed of the demolition of house

and probable evacuation of the

family in from the site in Mid

February 2017 & late February

2017

03 Informed the family of the availability of house for

relocation in UDA housing complex in Salamulla –

Kolonnawa or Henemulla – Mattakkuliya

Verbal consent expressing their willingness to relocate to a

house in one of housing complex obtained

Late February 2017 & beginning of

March 2017

04 Obtaining letter of consent from family for evacuation from

the site (if and when a new house is assured )

1st of March 2017

05 Payment of mobilization cost of Rs 8,000 for shifting &

relocation in Henemulla housing complex

Relocation in the house at Salamulla – Kollonnawa or

Henemulla – Mattakkuliya URP/ UDA housing complex

At least by mid April 2017

06 Shifting and relocation of family in Salamulla-Kolonnawa

or Henemulla – Mattakkuliya UDA housing complex

By 25th April 2017

07 Conduct awareness and education session for attitudinal

change for adopting good Sanitation and Hygiene practices

using modern amenities provided in the new location

By 28th of April 2017

08 Demolition of house in Mallikarama Rd to commence sewer

line construction work

By end of April 2017 or 1st week of

May 2017

09 Commencement of Manhole and sewer line construction

work in M26 Mallikarama Road sub project location

By beginning of May 2017

10 Periodic Monitoring of relocation of the family For the first six months by the

Project Social Safeguard officer

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H RECOMMENDATIONS:

It is recommended to monitor the implementation of the SRP-1 periodically by the PMU social safeguard

officer

To ensure that the relocated family gets the benefits of improved amenities available at the new location

(UDA housing complexes) it is suggested that awareness and education session be conducted by RS and

PMU Social Safeguard Officer to the affected family soon after their relocation.

Consultants recommend that RAP is an acceptable plan for the relocation of this family and formulated in

accordance with and conformity to ADB Policies and guidelines, and the NIRP.

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ANNEX 1: CONSENT LETTER FROM THE AFFECTED PARTY

Item 1: English version of the consent letter

English translation of the consent letter obtained from the unauthorized settlers

The Director

Greater Colombo Wastewater Management Project ( GCWMP)

Project Management Unit ( PMU)

No 86, Millenium Center

Ananada Coomaraswamy Road

Colombo 07

01.03.2017

Dear Sir / Madam,

Evacuation of unauthorized settler from M 26 Mallikarama Rd. Dematagoda sub project

site and Relocation in the houses provided by the project to make way for sewer line

construction work in the site

This refers to the above and I named …………………………………………is currently in occupation in the unauthorized settlement No 63 on the CGR owned land . I have been informed

that my unauthorized settlement will be removed to make way for sewer line construction work

in the M 26 Dematagoda Mallikarama sub project site. Hence, I hereby state that I will move

away from this location in support of the project activities when I am informed of the date and on

the assurance that I will be provided with a house in lieu of my affected settlement located in this

site.

Yours faithfully

Signature ………………………………………………..

Name of the CHH of affected family : …………………….

National Identity Card Number……………………………………………………………

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Item 2 Consent letter