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Resettlement Planning Document

Full Resettlement Plan for Pimpri Chinchwad BRTS subproject Document Stage: Draft for Consultation Project Number: _____ May, 2010

Developing Bus Rapid Transit System (BRTS) in the Pimpri Chinchwad City

Prepared by Pimpri Chinchwad Municipal Corporation (PCMC), Government of Maharashtra. 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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TABLE OF CONTENTS

Item Particulars Page No

A Abbreviations and Acronyms 5 B Definition of Terms 6-8 C Executive summary 9-18

CHAPTER 1 INTRODUCTION AND PROJECT DESCRIPTION 1.1 General 19 1.2 Project Background 19 1.3 Status of Land Acquisition and Resettlement 20 1.4 Minimizing Resettlement 20 1.5 Scope and Objective of the Resettlement Plan 20

CHAPTER 2 IMPACT ON LAND ACQUISTION AND RESETTLEMENT 2.1 General 22 2.2 Census Survey 22 2.3 Sub projects Impacts 22

2.3.1 Loss of land 23 2.3.1.1 Area of Land 23 2.3.1.2 Ownership of Land 23 2.3.1.3 Use of Land 23 2.3.1.4 Severity of Impact 24

2.3.2 Impact on structures 24 2.3.3 Impact on crops and trees 25

2.3.3.1 Impact on crops 26 2.3.3.2 Impact on trees 26

2.3.4 Loss of Business 26 Loss of Income and Employment 26

2.3.5 Vulnerable Households 27 2.3.6 Gender Issues 27 2.3.7 Temporary Impacts 28 2.3.8 Relocation Requirements 28

2.4 Summary Impact 29 CHAPTER 2 SOCIOECONOMIC PROFILE OF THE PROJECT AREA

3.1 General 30 3.2 Socio economic Details 30

3.2.1 Type of Family 30 3.2.2 Social Category of Households 30 3.2.3 Occupation and Employment 30 3.2.4 Average Annual Income and Expenditure 31 3.2.5 Possession of Durable Goods 32 3.2.6 Indebtedness 32 3.2.7 Health 33 3.2.8 Literacy 34 3.2.9 Access to Basic Amenities 35

CHAPTER 4 RESETTLEMENT POLICY, LEGAL FRAMEWORK AND 36

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ENTITLEMENT MATRIX 4.1 General 36 4.2 Land Acquisition Act, 1894 amended 1984 36

4.3 The National Resettlement and Rehabilitation Policy (Ministry of Rural Development, Department of Land Resources), 2007

36

4.4 The Maharashtra Project Affected Persons Rehabilitation Act, 1999 modified in 2006

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4.5 The Maharashtra Regional Town Planning Act, 1966 38-40 4.6 ADB’s Policy on Involuntary Resettlement, 1995 41 4.7 Principles and Policies adopted for this sub project 41 4.8 Eligibility and Entitlements 42

4.8.1 Eligibility 42-47 4.8.2 Entitlement Matrix 48-51 4.8.3 Income rehabilitation strategy 52 4.8.4 Relocation measures for Slum(squatter) settlement 52-54

CHAPTER 5 PUBLIC CONSULTATON AND DISCLOSURE 55 5.1 General 55 5.2 Objective of the Consultation 55 5.3 Methods of Public Consultation 56 5.4 Findings of the Community Consultation/FGDs 56 5.5 Consultation with Government Officials 57 5.6 Continuation of Public Consultation 57 5.7 Disclosure of RP 58

CHAPTER 6 GREIVANCE REDRESS MECHANISM 59 6.1 Grievance Redressal Committee 59

CHAPTER 7 INSTITUTIONAL ARRANGEMENTS 60 7.1 General 60 7.2 Pimpri Chinchwad Municipal Corporation (PCMC) 60 7.3 Department of Town Planning 60 7.4 Office of the District Commissioner (Special Land

Acquisition Officer) 60

7.5 Slum Development and Rehabilitation Authority 60 7.6 Environment and Social Management Division 61

CHAPTER 8 MONITORING AND REPORTING 62

8.1 General 62 8.2 Internal Monitoring 62 8.3 External Monitoring and Impact Evaluation 63 8.4 Post Implementation Evaluation 63

CHAPTER 9 RESETTLEMENT BUDGET 64

9.1 General 64 9.2 Compensation 64 9.3 Assistance 65 9.4 Allowance 65

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9.5 RP Implementation and Support Cost 65-74 9.6 Source of Funding 75

CHAPTER 10 IMPLEMENTATION SCHEDULE 76 10.1 General 76 10.2 Project preparatory stage 76

10.3 RP implementation stage 76 10.4 Implementation Schedule 77

Annexure 1 Census survey questionnaire 78-79 Annexure 2 Socio economic questionnaire 80-85 Annexure 3 Comparison of various policy frameworks 86-92 Annexure 4 Resettlement Information Leaflet 93-99 Annexure 5 Due diligence report 100-105

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ABBREVATIONS AND ACRONYMS

ADB Asian Development Bank AP/s Affected Person/s AF Affected Family AH Affected Household BRTS Bus Rapid Transit System DC District Collector DH’s Displaced Households DP’s Displaced Persons DP Development Plan EA Executing Agency ESMD Environment and Social Management Division FGD Focus Group Discussion FSI Floor Space Index GOI Government of India GOM Government of Maharashtra GRC Grievance Redress Committee IMA Independent Monitoring Agency LAA Land Acquisition Act MPAPRA The Maharashtra Project Affected Persons

Rehabilitation Act MRTPA The Maharashtra Regional Town Planning Act NRRP National Rehabilitation and Resettlement Policy PCMC Pimpri Chinchwad Municipal Corporation PIU Project Implementation Unit PPP Public Private Partnership ROW Right of Way RP Resettlement Plan R&R Resettlement and Rehabilitation SLAO Special Land Acquisition Officer TDR Transferable Development Right WHF Women Headed Family

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DEFINITION OF TERMS Affected persons (APs) includes any person or persons, household (sometimes

referred to as project affected family), a firm, or a private or public institution who, in the context of acquisition, or repossession, of assets or change in land use, as of the cut-off date, on account of the execution of a development project, or any of its subcomponents or part, would have their:

i) Standard of living adversely affected;

ii) Right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and grazing land) or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily adversely affected: or

iii) Business, occupation, place of work, residence, habitat or access to forest or community resources adversely affected, with or without displacement.

AP means persons or affected household and consists of all members of a household residing under one roof and operating as a single economic unit, who are adversely affected by a project or any of its components. For resettlement purposes, affected persons will be considered as members of affected households.

Compensation Means payment in cash or kind for an asset to be acquired or affected by a project at replacement cost at current market value.

Cut-off-date It is established to identify and enumerate the Entitled Persons. The last date of census survey will be the cut-off date for non-titleholders occupying the ROW. For legal owners, the cut-off date will be the notification by the PIU declaring the intention to acquire the property. For those legal owners who are not agreeable to compensation through negotiations, the date of serving the notice u/s 4 of Land Acquisition Act of 1894 will be established as the cut-off date.

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Entitlement Means the range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation, which are due to business restoration due to APs, depending on the type and degree nature of their losses, to restore their social and economic base.

Inventory of losses Means the pre-appraisal inventory of assets as a record of affected or lost assets.

Land acquisition Means the process whereby a person is compelled by a public agency to alienate all or part of the land s/he owns or possesses, to the ownership and possession of that agency, for public purposes, in return for fair compensation.

Non-titled means those who have no recognizable rights or claims to the land that they are occupying and includes people using private or state land without permission, permit or grant, i.e., those people without legal title to land and/or structures occupied or used by them. ADB’s policy explicitly states that such people cannot be denied compensation.

BPL BPL means Below Poverty Line. Those households whose Annual income is below Rs.15,000 come under BPL families.

Replacement cost is the amount needed to replace an asset and is the value determined as compensation for:

i. Agricultural land the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes;

ii. Land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes;

iii. Houses and other related structures based on current market prices of materials, transportation of material to construction site, cost of labor and contractor’s fee, and cost of any registration and transfer taxes. In determining replacement cost, depreciation of the assets and value of salvaged building materials are not taken into account and no deductions are made for the value of benefits to be derived from the project;

iv. Crops, trees and other perennials based on current market value; and

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v. Other assets (i.e. income, cultural, aesthetic) based on replacement cost or cost of mitigating measures.

Sharecropper Means the same as tenant cultivator or tenant farmer, and is a person who cultivates land they do not own for an agreed proportion of the crop or harvest.

Significant impact Means 200 people or more will experience major impacts, which are defined as; (i) being physically displaced from housing, or (ii) losing ten per cent or more of their productive assets (income generating).

Vulnerable These are distinct groups of people who might suffer disproportionately or face the risk of being marginalized from the effects of resettlement and specifically include: (i) female headed households with dependents, (ii) disabled household heads, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households with no means of support and landlessness, (v) households without security of tenure, and (vi) ethnic minorities.

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EXECUTIVE SUMMARY

Pimpri Chinchwad Municipal Corporation (PCMC) is developing a network of 130km-long bus-based mass transit road corridors across Pimpri Chinchwad City based on its comprehensive mobility plan. Each of these corridors is composed of a pair of dedicated Bus Rapid Transit System (BRTS) lanes and associated networks of sidewalks and bike lanes, which are comprehensively designed as a multi-modal transport system. Pedestrians and cyclists will, therefore, benefit not only from the use of the BRTS as the passengers but also from safer and more convenient access to and from the BRTS stops. Necessary other infrastructure will also be provided to ensure urban amenities to support high population densities along the BRTS corridors. Through planned, pre-empting investments in this project, PCMC intends to catalyze more orderly and efficient spatial development towards a “compact city” and improvement of the overall mobility, which is a fundamental departure from the inefficient old retrofitting approach of merely trying to catch up with uncontrolled rapid urban sprawl. The BRTS of Pimpri Chinchwad City is expected to be integrated with the similar BRTS of the neighbouring Pune City, which will soon be developed. A joint company between the two cities has already been set up which will be responsible for the provision of the bus services operating on these routes eventually and the pilot services of Pimpri will eventually be subsumed into this integrated company. The PCMC is keen to develop funding options for the project including from ADB’s non sovereign loan window as well as potentially from the private sector, through certain sub components (e.g. bus terminals) being included in a Public Private Partnership (PPP) structure. The BRTS project consists of 7 corridors. Out of the seven corridors, two of them are being funded by the World Bank, three corridors by the Asian Development Bank and the remaining two corridors are being done by GOI grant to PCMC. The two corridors assisted by the World Bank are:

1. Khalewadi-KSB Chowk- Dehu Alandi 2. Nasik Phata to Wakad

A Resettlement Planning document has been prepared by the World Bank for the two corridors to which their funds will flow. An entitlement matrix is prepared according to the World Bank’s Policy on Involuntary Resettlement. The implementation and monitoring will be in accordance to the plan. The loan has been approved and these two corridors will be taken up for implementation. The Involuntary Resettlement policy of the World Bank is at par with the ADB safeguard policy statement. The Other two corridors which are being funded by GOI as a grant to PCMC are:

1. NH4(Mumbai-Pune road) 2. NH50

The NH4 corridor is completed and fully operational. There is heavy traffic moving on the corridor. The land for this corridor was acquired in 1998 and this was the first corridor that was completed. The people were compensated according to the local and national laws and the A section of NH50 i.e. around 4.8kms length is being taken up for the first phase of the project. The land acquisition process began in May 2007 and by June 2008 the land was in possession of PCMC. This process began much before ADB funding was foreseen. People are no more living in that area and the compensation amounts have been disbursed. However, the LA (Land Acquisition) process is smooth and is in accordance to the LAA (Land Acquisition Act 1894 amended in 1984). The compensation and entitlements for various categories of affected people has been in accordance to the local and National laws. The compensation that has been offered is in conformity with the principle of replacement cost.

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This resettlement plan is prepared for the 3 BRTS corridors based on the detailed engineering design for which the ADB funds will flow. According to the engineering design, it is assessed that there will be significant impact on land acquisition and resettlement and therefore a Resettlement Plan is prepared for this project. . There will be a total of 32.79 hectares of private land required for acquisition for all the three corridors namely Aundh Ravet corridor, Expressway to Bhakti Shakti and Telco road. PCMC has already started the land acquisition process. In Telco road, there is Squatter settlement and households are occupying public land without any legal permission to do so. In Aundh Ravet corridor and Expressway to Bhakti Shakti corridor, approximately 11.34 hectares of land has already been acquired and the compensation for land to the affected people has already been disbursed. The assessment of land and identification of affected persons for the remaining 21.45 hectares of land is in process for which section 4 and 6 of the Land Acquisition Act, 1894 (LAA) have been initiated. The compensation is based on the market rate which is at replacement value. Therefore, the land acquisition process is in smooth progress. Map 1:Aundh Ravet corridor

Map 2: Expressway to Bhakti Shakti road

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Map 3: Telco road

For the land that is yet to be acquired i.e. 21.45 ha, this Resettlement plan is prepared for which a census survey was carried out to assess various impacts of the affected households

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and a socio economic survey was conducted to assess the socio-economic status of the APs. The total number of affected households is 728. Of these, 10 APs will be affected by the loss of agricultural land and the remaining 110 APs will be affected by the loss of residential land. Additionally 46 households will be affected by loss of employment and livelihood. There will be 590 residential structures of the squatter settlement which will be entirely affected and will require relocation and another 59 structures which will be marginally affected. There will be no adverse impact on indigenous people. Summary of the land acquisition and resettlement impact is presented in Table E-1.

Table E-1 Summary Impact

Number of Households Total S. No Types of Trees

Aundh Ravet Road

Bhakti Shakti Chowk Telco Numbers

1 Total area of agricultural land (hectare) 0.593 0

- 0.593

2

Total number of households losing agricultural land 10 0

-

10

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Total number of Households losing residential land(Including owners traceable and not traceable) 89 21

-

110

4 Total number of surveyed households 69 10

590 669

5 Total number of structures affected 55 4

590 649

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Total no. of households requiring relocation assistance 4 0

590 594

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Total number of community property resources affected 0 0

0 0

8 Total no. of households affected 113 25

590 728

9 Total no. of physically displaced households 0 0

590 590

10 Total no. of economically displaced households 11 0

45 56

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Total no. of economically displaced households(temporary impact) 45 0

0 45

12 Total no. of Vulnerable Households 6 1

100 107

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Total no. of Agricultural Labor, Share croppers and tenant 7 0

- 7

14 Total no. of Trees 82 23 - 105 15 Total no. of Titleholders 99 21 - 120

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The policy framework and entitlements for the sub project are based on national laws: The Land Acquisition Act, 1894 (LAA, amended in 1984) and The National Rehabilitation and Resettlement Policy, 2007 (NRRP); The Maharashtra Project Affected Persons Rehabilitation Act, 1999’ as modified up to 2006; ADB’s Safeguard Policy Statement, (2009)and ADB’s other safeguards policies. The core involuntary resettlement principles for the Program to be followed for sub-project is: (i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative sub-project designs; (ii) where unavoidable, time-bound resettlement plans (RPs) will be prepared and DPs will be assisted in improving or at least regaining their pre-program standard of living; (iii) consultation with DPs on compensation, disclosure of resettlement information to DPs, and participation of DPs in planning and implementing sub-projects will be ensured; (iv) vulnerable groups will be provided special assistance; (v) payment of compensation to DPs including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement rates; (vi) payment of compensation and resettlement assistance prior to the contractor taking physical acquisition of the land and prior to the commencement of any construction activities; (vii) provision of income restoration and rehabilitation; and (viii) establishment of appropriate grievance redress mechanisms. Based on the above principles an entitlement matrix has been prepared and presented in Table E-2.

Consultations have been carried out with various concerned government officials and local communities for BRTS subproject as part of the social and resettlement study in order to gather their views on the project. Different techniques of consultation with stakeholders were used during project preparation, viz., in-depth interviews, public meetings, group discussions etc. To understand the socio-economic profile of the displaced persons, questionnaires were designed and information was collected from the affected persons on one-to-one basis. The numbers of participants in the consultations were approximately 63 which include different representatives. Focused Group Discussions (FGD) were conducted at rural as well urban areas such as Tathwade Village in Aundh Ravet corridor (01/07/2009), Thergaon village in Aundh Ravet corridor (09-07-2009), Landewadi Slum in Telco Road(13-07-2009), Ravet and Kiwale village in Expressway to Bhakti Shakti corridor (10-07-2009). Consultations have also been carried out with special emphasis on the vulnerable groups. Most of the people are aware about the proposed program and expressed their cooperation for the smooth implementation of the project. The consultation process will be continued during the entire project cycle. The RP would be made available at concerned offices of PCMC and revenue offices. RPs will be made available in local language. Finalized RPs will also be disclosed in ADB’s website; and information dissemination and consultation will continue throughout the implementation. Efficient Grievance redress mechanism will be developed to assist the DPs resolve their queries and complaints. Grievances of DPs will be first brought to the attention of PIU. Grievances not redressed by the PIU staff (field level) will be brought to the Grievance Redress Committee (GRC). The composition of the proposed GRC will have representatives

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Total no. of non-title holders (Slum(squatter) dwellers) - -

590 590

17 Total no. of Displaced Persons (DPs) 625 147

2908 3680

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from DPs, PCMC, Environment and Social Management Division (ESMD), field staff, commissioner and Revenue Authority. The main responsibilities of the GRC are to: (i) provide support to DPs on problems arising from land/property acquisition; (ii) record DP grievances, categorize, and prioritize grievances and resolve them; (iii) immediately inform the ESMD of serious cases; and (iv) report to DPs on developments regarding their grievances and decisions of the GRC. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. When any grievance is brought to the field level staff, it should be resolved within 15 days from the date of complaint. The GRC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month of receiving the complaint—failing which the grievance will be referred to appropriate court of Law for redress. Records will be kept of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome. The GRCs will continue to function during the life of the Project including the defects liability period. PCMC will be responsible for the overall coordination and implementation of the project including the land acquisition and resettlement issues. PCMC will act as Executing and Implementing Agency. The designated engineering department under the PCMC will be responsible for project design and identification of project sites. There will a PIU. Keeping in view the capacity of PCMC, it is proposed that an Environment and Social Management Division (ESMD) will be set up within the PCMC along with other engineering units to address environmental and social issues and will look after the implementation of the resettlement plan along with the implementation of resettlement and rehabilitation assistance. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. These are part of the overall project cost. The total land acquisition and resettlement cost for the BRTS subproject is estimated to be Rs. 452.31 million Equivalents to USD 9.62 million. Internal monitoring will be the responsibility of the PIU/ESMD. However, an external agency/expert or a qualified NGO will be hired by PCMC to verify the EA’s monitoring information and will be responsible for preparing the compliance report.

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E-2: Entitlement Matrix Type of Loss Application Definition of Entitled

Person Compensation Policy Implementation Issues Responsible Agency

Legal titleholders/owners (10)

Area –( 0.593 ha)

• Compensation at replacement cost based on market value in cash/TDR.

• The cost of documentation, fees and relevant taxes will be covered by the project.

• Compensation for standing seasonal crops

• Additional compensation for vulnerable households1

• Sufficient notice to be given for harvesting the standing crop.

• TDR In lieu of compensation and documentation fee

• 20% of DPs are expected to opt for TDR

PCMC through its special Land Acquisition officer appointed by collector for urban areas will determine replacement value. And he/she will ensure provision of notice.

Households losing Agricultural land (<10%)

Tenant/leaseholder/ Share Cropper (6)

• Assistance for lost income for a period of 3 months as transitional allowance. (@Rs.5924 per monthX3 months=Rs.17772).

• Return of Lease amount in case of lease holders

• Additional compensation for vulnerable households.

PCMC will directly give the balance lease amount to the tenants/leaseholders/share cropper in accordance with the contract agreement deducted from the compensation given to the owner.

1. Agricultural Land

Severely Affected Households (losing >10% of the productive assets) Severe impact on APs livelihood

Owners (4) Total plot Area –(0.16 ha)

• Land for land or Compensation in cash for the entire area/TDR


• Shifting allowance(Rs.5000 per HH) • Compensation for loss of income during

transition period for 3 months (@Rs.5924 per monthX3 months=Rs.17772).

• Income rehabilitation assistance (training/ agricultural inputs)




• 20% of APs are expected to opt for TDR

• Acquisition of the entire land holding, in case the remaining land not economically viable, will be done at the informed request by the DPs

•

1 Vulnerable households comprise female‐headed household, , scheduled tribe‐ households, Below Poverty Line households and households

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Type of Loss Application Definition of Entitled Person Compensation Policy Implementation Issues Responsible Agency

2. Residential Land

Marginal loss and the remaining area viable for continued use)

Legal titleholders (owners) (110) (Area in Sq.mtrs- 208788)

• Compensation for land at replacement

cost in cash/TDR.

• In lieu of compensation and documentation fees and taxes, TDRs will be provided.

• 20% of the DPs are expected to opt for TDR

• Vulnerable households will be identified during the census.


3. Structures/Buildings

Residential and commercial structures – Partial loss ( remaining structure is viable for further use)

owners2 (59) (Area- 16,500 Sq.mtrs)

• If the structure is built without permission from competent authorities, the DPs will not be entitled to any compensation for the affected structures, affected partially or entirely. However, the DPs will be entitled to salvage building material and will be provided with a ‘Project Impact Allowance’in keeping with the replacement cost. . .

• PCMC will pay to the DPs special project impact allowance in lieu of compensation for affected structures

PCMC other concerned department will verify the project impact allowance.

illegal(unregistered business) (45)(Telco road)

• Compensation for loss of income during transition period of 3 months based on the national daily wage rate(Rs.170 per dayX90 days=Rs. 15,300 per HH)

• Shifting allowance(Rs. 5000 per HH) • Priority in the allocation of hawkers

zone/market zone

• The compensation will be based on the national minimum wage rate

1. Loss of business and income

Affected businesses(45)(Aundh Ravet)

• Compensation for the loss of income during transition period for 3 months(Rs.20,792X3 =62,376 per HH)

4. Livelihood

2. Loss of employment

Employee in commercial structure/agricultural

• Assistance for lost income based on the 3 months minimum wage (Rs.170 per dayX90 days=Rs. 15,300 per

• The assistance will be based on the national minimum wage rate

2 This number does not include the 590 squatter settlement as they will be relocated under separate program

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labor (1) HH) 5. Trees Fruit Bearing

trees, Non-Fruit Bearing/timber trees

Legal title holder/tenant/leaseholder/non-titled DP Total 105 ( 67 -fruit bearing, 38- non fruit bearing)

• Compensation for trees at replacement value to be determined in consultation with the Horticulture Department of the state based on their norms and procedures.

• . Harvesting prior to acquisition will be accommodated to the extent possible.

• Work schedules will avoid harvest season.

• Market value of trees has to be determined

PCMC through SLAO and appropriate department will ensure provision of notice. SLAO will undertake valuation trees, and finalize compensation rates in consultation with DPs.

1.Owners(10) • Notice to harvest standing seasonal crops • Compensation of crops according to

market values

• Harvesting prior to acquisition will be accommodated to the extent possible.


• Market value of crops has to be determined

PCMC through SLAO and appropriate department will ensure provision of notice. SLAO will undertake valuation of standing crops, perennial crops and finalize compensation rates in consultation with DPs

6. Crops Crops

2. Share cropper(6) • Notice to harvest standing seasonal crops • The compensation for the crop will be

divided between the share cropper and the owner based on the contract agreement.



• SLAO will give the compensation amount to the share cropper and owner in accordance with the contract agreement deducted from the compensation given to the owner.


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7.Squatter settlement(Telco Rd)

Residential structures

Slum dwellers (590)(Residential/Commercial) possessing identity proof of their stay3 Vulnerable households

• Provision of replacement house in the low

cost housing scheme • Shifting assistance in kind • Effected businesses are covered in

section – 4.1 • Advance notice to the affected slum

dwellers will be issued

PCMC will provide transport for the shifting from the squatter settlement to the relocated low cost housing

PCMC will authenticate the eligibility based on the census data and will be coordinating with the Slum Development Authority for shifting and rehabilitating the slum dwellers.

8.Impacts on vulnerable APs

All impacts Vulnerable DPs ( WHH, Below Poverty Line HH households) (107)

• Vulnerable households will be given

priority in project construction employment.

• Income rehabilitation assistance in the form of vocational training

• PCMC will arrange the vocational training programs and will identify one person per household for the training.

Shifting allowance

All relocating DPs (49)

• Allowance per HH is 5000 per HH

Transitional allowance

All relocating DPs(4) • Transitional allowance for a period of 3 months ((@Rs.5924 per monthX3 months=Rs.17772).

9. Allowances

Project Impact allowance

Partial loss of structures built without permission(59)

• Project Impact Allowance of Rs. 25,000 per HH(Mud made),Rs50,000 per HH brick made and Rs.75,000 per HH for RCC/Cemented structures

10.Any other loss not identified

- - • Unanticipated/inadvertent impacts will be dealt with based on the principles of the Resettlement plan.

-

3 Old photo pass Issued in 1987, Election card issued before 1/1/1995, Voter list published on or before 1/1/1995 & 1/1/2000,

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CHAPTER- 1: INTRODUCTION AND PROJECT DESCRIPTION

1.1. General

1. Pimpri Chinchwad Municipal Corporation (PCMC) is developing a network of 130km-long bus-based mass transit road corridors across Pimpri Chinchwad City based on its comprehensive mobility plan. Each of these corridors is composed of a pair of dedicated Bus Rapid Transit System (BRTS) lanes and associated networks of sidewalks and bike lanes, which are comprehensively designed as a multi-modal transport system. Pedestrians and cyclists will, therefore, benefit not only from the use of the BRTS as the passengers but also from safer and more convenient access to and from the BRTS stops. Necessary other infrastructure will also be provided to ensure urban amenities to support high population densities along the BRTS corridors. Through planned, pre-empting investments in this project, PCMC intends to catalyze more orderly and efficient spatial development towards a “compact city” and improvement of the overall mobility, which is a fundamental departure from the inefficient old retrofitting approach of merely trying to catch up with uncontrolled rapid urban sprawl. The BRTS of Pimpri Chinchwad City is expected to be integrated with the similar BRTS of the neighbouring Pune City, which will soon be developed. A joint company between the two cities has already been set up which will be responsible for the provision of the bus services operating on these routes eventually and the pilot services of Pimpri will eventually be subsumed into this integrated company. PCMC has already inaugurated the Old NH4 as the first BRTS corridor and has commenced operations of BRTS services. The PCMC is keen to develop funding options for the project including from ADB’s non sovereign loan window as well as potentially from the private sector, through certain sub components (e.g. bus terminals) being included in a Public Private Partnership (PPP) structure. 2. This resettlement plan is prepared for the 3 BRTS corridors (for which ADB funds will flow) based on the detailed engineering design. According to the engineering design, it is assessed that there will be significant impact on land acquisition and resettlement and therefore a Resettlement Plan is prepared for this project. .

1.2 Background of the Project

3. The three corridors covered under the project are, Aundh Ravet road, Telco Road and Expressway to Bhakti Shakti road which are proposed to be funded by Asian Development Bank. These corridors will provide important linkages to fast-developing areas and will also substantially optimize the traffic flow in the city. The details of the three corridors are described in Table 1.1 as follows:

Table 1.1: Details of the Corridors

Particulars Stretch-1 Stretch-2 Stretch-3

Name of the corridor

Aundh Ravet Telco Road Expressway to Bhakti Shakti

Length 14.35 km 8.40 km 5.30 km

Proposed ROW

45 mtrs 61 mtrs 45 mtrs

Existing ROW 20 mtrs 61 mtrs 20 mtrs

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4. Stretch-1 (Aundh Ravet) with an existing ROW (Right of Way) of 20 mtrs will require an additional ROW and hence will entail land acquisition and resettlement.Stretch-2 (Telco road) is mostly defence land except a few pockets of government land which inhabits the slum dwellers. This will entail significant resettlement. Stretch-3 is 1.3 kms of existing road with an ROW of 45 mtrs and will entail widening from the existing ROW of 20 m to 45 m; and an additional 4 kms land acquisition and resettlement.

1.3 Status on Land Acquisition and Resettlement

5. The project will entail significant land acquisition and resettlement. There is a total of 94.39 hectares (Ha) of land required in all the 3 corridors. Out of this, the total private land required for all the 3 corridors is 32.79 Ha and the remaining 61.60 ha is government land. Out of the total of 32.79 Ha of private land, 11.34 Ha is already acquired and is in possession of PCMC. The compensation offered is in accordance with the local and national laws and is in conformity with the principle of replacement cost. The remaining 21.45 ha of land is yet to be acquired. However, it is noted that advance action has been initiated by the PCMC on the land acquisition process (Section 4 and 6) for 10.93 ha in Aundh Ravet corridor and 10.52ha in Bhakti Shakti corridor. Out of the 21.45 ha of land to be acquired, the survey identified 6.802 ha of land and the remaining land (14.64 ha) is open residential land as per PCMC records with no people living there and repeated visits did not help trace anybody. However, the land details with the affected area and the land owners were obtained from PCMC records and hence this Resettlement Plan is based on the details of impacts for this 21.45 ha of land and the ‘slum’ (Squatter) settlement on Telco road.

1.4 Minimizing Resettlement

6 Attempts has been made during the detailed design of the project preparation to minimize the adverse impacts on land acquisition, resettlement and on community in the project area through suitable engineering design. Steps have already been made to confine the project area in the government land and in available right of Way (ROW) where feasible. This has been done with proper consultation with the local people and affected communities. Their suggestions have been incorporated, in the design, whenever technically possible. However, there will be some unavoidable land acquisition for which adequate compensation has been provided. For the proposed work the following specific measures are taken to minimize resettlement in this project road.

• Selection of the sub project sites and its various components in the government land

• Adequate engineering design to minimize resettlement impact and to avoid dislocation

1.5 Scope and Objective of the Resettlement Plan

7. The aims and objectives of this RP are to mitigate all unavoidable impact caused due to land acquisition and resettlement and to provide a guideline on implementation of the resettlement issues. The plan has been prepared on the basis of findings of census and inventory of losses, socio-economic survey and consultation with various stakeholders, in compliance with ADB’s Safeguard Policy Statement(2009), Indigenous Peoples (1998) designed by the Bank to protect the rights of affected persons and communities. The RP also takes in to account the laws and policies of Government of India (GoI) and Government of Maharashtra (GoM) The issues identified and addressed in this RP are:

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• Assessment of type and extent of loss of land and non-land assets, loss of livelihood or income opportunities and collective losses, such as common property resources and social infrastructure;

• Identification of impacts on Indigenous people, vulnerable groups and assessment of other social issues in the subproject;

• Public consultation and peoples participation in the subproject; • Assessment of existing legal and administrative framework and formulation of

resettlement policy for the subproject; • Development of entitlement matrix for compensation and resettlement assistance • R&R cost estimate including provision for fund and; • Institutional framework for the implementation of the plan, including grievance

redress and monitoring & evaluation.

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CHAPTER 2: IMPACT ON LAND ACQUISTION AND RESETTLEMENTS 2.1 General 8. The project consists of 3 corridors and will entail significant land acquisition and resettlement. There is a total of 94.39 hectares (Ha) of land required in all the 3 corridors. Out of this, the total private land required for all the 3 corridors is 32.79 Ha and the remaining 61.60 ha is government land. PCMC started to take the land in possession from January 2007 onwards and till date it has already acquired 11.34 ha. For the land that is yet to be acquired i.e. 21.45 ha, this Resettlement plan is prepared for which a census survey and a socio economic survey was conducted. For the land that is already acquired and is under the possession of PCMC, a due diligence random survey was conducted (field) investigations and interviews with selected households to assess the impacts with types of losses, number of households, compensation rates and other assistance paid. A Due Diligence report has been prepared and provided in the Annexure 5. Table 2.1: Total Land Requirement

S.No Name of the corridor

Total area of Private Land(Ha)

Total area of Govt. Land (Ha)

Total Land (Ha)

1 Aundh Ravet 17.40 14.14

31.54

2

Expressway Bhakti Shakti 15.32 0.58

15.90

3 Telco Road 0.07 46.88

46.95

TOTAL 32.79 61.60

94.39

2.2 Census Survey 9. A census survey was carried out in July 2009 to access the impacts as per engineering design of the alignment. A structured census questionnaire was used to collect detailed information on displaced households and to document impacts on private assets, loss of incomes and livelihood for a full understanding of impacts in order to develop mitigation measures and resettlement plan for the DPs. The census Questionnaire is provided as Annexure 1. The objective of the census survey was to generate an inventory of social impacts on the people affected by the subproject, the type of impact, type, ownership and market value of land and/or structure, social profile of the affected people, poverty status, assess the presence of non titleholders in the sub project area, and their views about the subproject and on various options for rehabilitation and resettlement. Additionally, a sample socio-economic survey was also conducted in order to assess the overall socio-economic condition of the project affected area which is described in detail in chapter 3. The major findings and magnitude of impacts are discussed in the following sections. 2.3 Subproject Impacts

10. The subproject will affect a total of 728 households of which 120 households would be affected by loss of land, structures and other assets, incomes and businesses, another 7 households affected by loss of employment and 590 squatter households affected by loss of structures. According to the census survey, there will be a total of 21.45 hectares of land to be acquired which will have impact on 120 households in both these corridors and 590 households of squatter settlement which are on public land without any legal permission on

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Telco road. Of the120 hh displaced by land acquisition for the two corridors, the total number of surveyed households is 79 and the remaining 41 households were not traceable as it is open vacant land where there are no people living and repeated visits to the site did not help in tracing anybody. However, the land details, affected area along with the list of the land owners was obtained from PCMC records. The project will have impact on 10 households losing agricultural land, 7 households associated with the land such as sharecroppers, tenants, leaseholders and agricultural labor. Around 59 structures (residential and commercial) which will be partially affected and will not require any relocation as the remaining part of the structure is viable for further use. Except for the 590 squatter households which will be entirely affected and need relocation assistance, all other people are marginally affected. There are 105 trees affected. There are a total of 3680 affected persons. The major findings and magnitude of impacts are discussed in the following sections. 11. Out of the total of 32.79 Ha of private land to be acquired for the project, 17.40 ha of Private land is required in Aundh Ravet corridor and 15.32 ha of private land is required in Bhakti shakti corridor. Out of the 17.40 ha in Aundh Ravet corridor, 6.47 ha is in possession of PCMC and the remaining 10.93 ha is yet to be acquired as per PCMC records. Out of 15.32 ha in Expressway to Bhakti Shakti corridor, 4.80 ha is in possession of PCMC and the remaining 10.52 ha is yet to be acquired as per PCMC records. For the remaining 21.45 ha of land to be acquired (10.93 ha in Aundh Ravet corridor and 10.52ha in Bhakti Shakti corridor), PCMC has already initiated advance action on the land acquisition process (Section 4 and 6). The present scope of the RP covers this 21.45 ha of land and the ‘slum’ (Squatter) settlement on the PCMC land that will be affected in the Telco road corridor. For the land already acquired and is in possession of PCMC, a Due Diligence report is prepared and presented in Annexure 5.

Table 2.2: Status on Land Acquisition


Total Private land

Land Acquired and is in possession of PCMC

Land yet to be acquired

1 Aundh Ravet 17.4 6.47 10.93

2 Expressway to Bhakti Shakti

15.32 4.80 10.52

3 Telco Road 0.07 0.07 0

Total 32.79 11.34 21.45

2.3.1 Loss of land

2.3.1.1 Area of Land

12. The total area identified for land acquisition is 214618 sq. m equivalent to 21.46 Hectares (HA). The total area of agricultural land is 5930 sq. m (0.593 Ha) followed by 208788 sq. m of residential land. In Telco road, the Slum settlement is on the public land and hence there is no private land to be acquired in that corridor. Details are given in Table 2.3.

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Table 2.3: Details of Land Acquisition

Aundh Ravet Bhakti Shakti Chowk Total Sl No

Type of Use

Area in Sq. Mts

No. of Households

Area in Sq. Mts

No. of Households

Area in Sq.Mts

No.of Households

1 Agricultural 5930 10 0 0 5930 10 2 Residential 103438 89 105250 21 208788 110

Total 109368 99 105250 21 214618 120 Source: Census Survey, 2009

2.3.1.2 Ownership of Land

13. All the properties/land belongs to the private owners in Aundh Ravet corridor and Expressway to Bhakti Shakti corridor. In Telco road, the land belongs to PCMC and there is a squatter settlement which has 590 households. It is noted that there is no religious or community land that is affected by the project. 2.3.1.3 Use of Land 14. On the Aundh Ravet corridor and Bhakti Shakti corridor, of the 110 households affected by the loss of residential land, 51 households have not built any structure and the plot is open vacant land while the 45 households also use it for some commercial activities and the remaining 14 households use the land entirely for residential purpose. A total of 10 households use land for agricultural purpose in Aundh Ravet Road. 2.3.1.4 Severity of Impact

15. Out of the 10 agricultural households, severity of impact was calculated. About 4 households are losing more than 10% of their agricultural land and the remaining land is economically not viable. These 4 APs would be affected by loss of their entire land holdings and would need to be relocated. Details of lands affected in percentage to the total affected land are given in Table 2.6.

Table 2.4: Impact of Loss in the Project Area

Number of Households Total Sl No Severity of

Impacts Aundh Ravet Road Bhakti Shakti

Chowk Telco Number

1 Non Severe (< 10%) 6 0

- 6

2 Severe (>10%) 4 0 - 4 Total 10 0 0 10

Source: Census Survey, 2009

2.3.2 Impact on Structures

16. As shown in Table 2.5, the project will affect a total of 59 structures for both the Aundh Ravet Road (55) and in Bhakti Shakti Chowk (4) corridors. All these structures would be only partially affected and the remaining structures would be viable for continued use. Out of 59 structures, 42 of them are single floored, 14 of them are double floored, and 3 of them are more than two floors. About 48 structures are permanent in nature which is RCC constructed, 9 are brick made and 2 are temporary in nature i.e. mud made. There are 59 households in this category.

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17. Within the project areas, affected structures are often put to multiple use. Among these 59 structures affected on the Aundh Ravet and Bhakti Shakti corridors, 14 structures are used exclusively as residential structures, 21 are commercial structures and 24 are residential cum commercial structures. In Telco road, there are 545 residential structures, 45 commercial and 19 residential cum commercial structures.

Table 2.5: Use of Structures

Number of Households Total Sl No Use of

Structures Aundh Ravet

Road Bhakti Shakti

Chowk Telco Numbers

1 Residential 10 4 545 559 2 Commercial 21 0 26 47

3 Residential cum commercial 24 0

19 43

Total 55 4 590 649 Source: Census Survey, 2009

18. Under the Maharashtra Regional Town Planning Act, sec 13 to 20 provisions for Regional Plan, the land use has been demarcated and all the development is controlled and monitored as per this Regional Plan. The last Regional Plan published4 in 1990 and sanctioned5 in 1997 was widely disseminated and as per this Regional Plan, the ROW 45 mtrs was demarcated and any construction within the demarcated area is considered illegal. The BRT corridor of Aundh Ravet (ROW 45 mtrs) cuts across the Tathwade village. For this village, the Regional plan is applicable till about August 2009 and now the village is included within the PCMC from August 2009. This village has many structures built within the ROW. All these structures have no legal permission for construction from competent authority (Collector) and hence considered as illegal. Similarly, Sec 21 to 30 provisions for Development Plan6 is the area under the jurisdiction of PCMC and PCNTDA7 (Pimpri Chinchwad New Town Development Authority). This DP was prepared8 in 1991 and sanctioned in 1995 was widely disseminated. After the DP was prepared and sanctioned, there were many people who build structures within the ROW (45 mtrs). Any construction within the ROW is considered as illegal as per the DP. Hence, these structures will not be entitled for any compensation. There are many structures within the ROW on Aundh Ravet corridor that were not paid any compensation for the land is already acquired and in possession of PCMC However, these structures in both the corridors will be given a lump sum amount as Project impact allowance for their partially affected structure. 2.3.3 Loss on Crops and trees

2.3.3.1 Loss of crop

19. The impact of the project on standing crops is calculated based on the yields from agricultural land as derived from the discussion with the local people and with the official.

4 Date of published Regional Plan for Pune District 21.5.1990 5 REGIONAL PLAN FOR PUNE DISTRICT – NOTIFICATRION NUMBER TPS1895/227/PN‐26/95/UD‐13 (25/11/1997) 6 PCMC OLD AREA DP SANCTION NOTIFICATION NUMBER TPS/1893/1276/CR/174/93/UD‐13 (18/09/1995) 7 PCNTDA NOTIFICATION NUMBER TPS/1893/1412/UD‐13 ON 28TH NOV 1995 8 Date of published Draft DP for PCMC old limit 28.6.1991

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The major crop of the project area is wheat. The average yield of wheat per hectare is 3750 kilograms (kgs). The market rate of wheat per kg is Rupees 15. Based on the above information, an assessment of loss of crop has been calculated as described in Table 2.6.

Table 2.6: Impact on Crop

Particulars Aundh Ravet Road

Bhakti Shakti Chowk Telco Total

Amount of Agricultural Land(Sq.m) 5930 0 - 5930 Yield Per Sq.m (kg) 0.38 0 - - Cost of Crop per kg (Rs) 15 0 - - Cost of Crop per Sq.m (Rs) 5.625 0 - - Total Cost of Crop from Affected Land 33,327 0 - 33,327

2.3.3.2 Loss of trees 20. There are a total of 105 numbers of trees, 82 in Aundh Ravet road and 23 in Bhakti Shakti Road. About 67 are fruit bearing tress and 38 trees are non fruit bearing. Details are given in Table 2.7.

Table 2.7: Details of Trees Total

Aundh Ravet Road Bhakti Shakti Chowk Telco Sl No Types

of Trees

No. of Trees

No. of Households

No. of Trees

No. of Households

No. of

Trees No. Of

Households

1 Fruit Bearing 47 18 20 4

- 67 22

2

Non-fruit Bearing 35 16 3 1

-

38 17 Total 82 34 23 5 - 105 39


2.3.4 Loss of Business

21. There are 45 households whose business will be affected from the loss of their commercial structures partially in Aundh Ravet corridor. The different business activities in the project area include but not limited to godowns of pharmaceutical industry, industrial equipment, eateries and food joints and hardware and electrical shops which will be affected marginally. In Expressway to Bhakti Shakti corridor, there is no loss of business foreseen. In Telco road, out of the 590 affected households, there are 45 households who will lose their business. These slum settlement business activities vary from food joints, repair shops, petty business, and automobile mechanical works.

Loss of Income and employment

22. A total of 7 households will lose their income and employment due to the subproject. These include 5 agricultural tenants and one Agricultural labor and one share cropper in Aundh Ravet corridor.

Table 2.8: Loss of Income and employment

Sl No Particulars Aundh Ravet Road

Bhakti Shakti Chowk

Total Number of APs

1 Agricultural Labor 1 0 1

27

2 Tenant 5 0 5 3 Share Cropper 1 0 1 Total 7 0 7


2.3.5 Vulnerable households

23. The census survey revealed that there will be a total of 107 vulnerable households; 6 in Aundh Ravet Road and 1 in Bhakti Shakti Chowk. There are 100 households in Telco road. Here, vulnerable households are women headed households and Below poverty households whose annual income is below Rs.15,000 per annum. The result is multiple since one household may fulfill more than one category of vulnerability. Details about the vulnerability are given in Table 2.9.

Table 2.9: Vulnerable Households Number of Households

Sl No Types of vulnerability Aundh Ravet Road

Bhakti Shakti Chowk Telco

Total Numbers

1 Woman headed household 4 1 31 36 2 Scheduled Tribes 0 0 - 0

3 Below Poverty Line Households 2 0

69 71

Total 6 1 100 107 Source: Census Survey, 2009

2.3.6 Gender Issues

24. There will be 36 women-headed households to be affected by the subproject. Women in the project area are largely involved in household work; few are also involved in cultivation and other agricultural activities. Women’s participation in decision making of the household is positive as 70% of the households reported that women do participate in the decision making in the family affairs. Details are given in Table 2.10.

Table 2.10: Women’s Say in Decision Making

Sl No Participation in decision

making Number of Households % Age 1 Yes 21 70.00 2 No 9 30.00 Total 30 100.00

Source: Socio Economic Survey, 2009

25. Among the sampled households 70 % each stated that they participate in the decision of purchasing any assets and on day to day activities. About 63.33 % participate in financial matters, education and health care of the child and on social function. Details are given in Table 2.11.

Table 2.11: Women’s Say in Different Issues

Sl No Participation in decision

making Number of Households % Age 1 Financial Matters 19 63.33

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2 Education of child 19 63.33 3 Health care of the child 19 63.33 4 Purchase of assets 21 70.00 5 Day to day activities 21 70.00 6 On social function 19 63.33 Total 30 100.00


26. Women will not be affected disproportionately due to the program. Any negative impacts of a sub-project on female-headed households will be taken up on a case-by-case basis and assistance to these households will be treated on a priority basis. During disbursement of compensation and provision of assistance, priority will be given to female-headed households. Joint ownership in the name of husband and wife will be provided in cases of housing being provided for the Slum dwellers. Additionally, women-headed households are considered as vulnerable and provision for additional assistance has been made in the entitlement matrix of the RP. The contractor will make the provision for equal wage and health safety facilities during the construction. Therefore, the proposed program activities will not have any negative impact on women.

2.3.7 Temporary Impacts

27. Temporary impacts have not been identified now but during the construction phase the contractor has to ensure that there is not any kind of inconvenience caused to the people. The contractor has to identify the impacts and address them during the construction.

2.3.8 Relocation

28. Considering the resettlement impact and the scattered nature of impacts, relocation of DPs is foreseen. The best possible mitigation of these negative impacts will be to assist the DPs in relocating themselves in the remaining land in various ways like providing monetary assistances in the form of shifting allowance and transitional allowance, etc. As discussed in the earlier sections, out of the 120 affected households, there are 4 households who are losing more than 10% of the agricultural land and the remaining land is not economically viable for further use. These 4 APs would need to be relocated. All other households are marginally affected and will not require any relocation/shifting. In Telco road, all the 590 households have been identified for relocation/shifting as they are losing their entire structures. Of these, 45 households who are identified for loss of business and these vendors to be given priority in market zone as per the state Hawkers policy which will help them in continuity of business activity.

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2.4 Summary Impact

29. The summary of the subproject impact is presented in Table 2.12.

Table 2.12: Summary Impacts

Number of Households Total S. No Types of Trees

Aundh Ravet Road

Bhakti Shakti Chowk Telco Numbers

1 Total area of agricultural land (hectare) 0.593 0

- 0.593

2

Total number of households losing agricultural land 10 0

-

10

3

Total number of Households losing residential land(Including owners traceable and not traceable) 89 21

-

110

4 Total number of surveyed households 69 10

590 669

5 Total number of structures affected 55 4

590 649

6

Total no. of households requiring relocation assistance 4 0

590 594

7

Total number of community property resources affected 0 0

0 0

8 Total no. of households affected 113 25

590 728

9 Total no. of physically displaced households 0 0

590 590

10 Total no. of economically displaced households 11 0

45 56

11

Total no. of economically displaced households(temporary impact) 45 0

0 45

12 Total no. of Vulnerable Households 6 1

100 107

13

Total no. of Agricultural Labor, Share croppers and tenant 7 0

- 7

14 Total no. of Trees 82 23 - 105 15 Total no. of Titleholders 99 21 - 120 16 Total no. of non-title - - 590

30


holders (Slum(squatter) dwellers)

590 590

17 Total no. of Displaced Persons (DPs) 625 147

2908 3680

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CHAPTER 3: SOCIO ECONOMIC PROFILE OF THE PROJECT AREA

3.1 General

30. Socio economic details of the affected households were collected based on a sample survey. In addition to the demographic and social data collected during census survey, socio economic information was collected from APs through a structured socio-economic questionnaire. A copy of the questionnaire is attached in Annexure 2. This socio-economic questionnaire was administered in the subproject area covering 25 % of the census households. The legal titleholders are 120 households in Aundh Ravet and Expressway to Bhakti Shakti corridor and hence a total of 30 sample households were surveyed as part of the socio economic survey. Additional socioeconomic data consisting of basic socio economic information such as social category, Income level and BPL status was collected from the 590 squatter households located on the Telco road, as part of the survey. 3.2 Socio economic Details 31. The following section deals with various socio economic indicators of the households. 3.2.1 Type of Family 32. Majority of the families are joint families in nature. In the sub project area, 83.33 % of the surveyed households are having joint family and 16.67 % are of nuclear family. The details are given in figure 3.1.

Table 3.1: Type of Family

Sl No Type of Family Total No. of Households % Age 1 Nuclear 5 16.67 2 Joint 25 83.33 Total 30 100.00


3.2.2 Social Category of Households 33. Among the surveyed household majority about 70 % belong to general caste. Other backward caste and SC are 13.33 % each. Details are given in Table 3.2

Table 3.2: Social Category

Sl No Social Category No. of Households %Age 1 General 21 70.00 2 OBC 4 13.33 3 SC 4 13.33 4 Others 1 3.33 Total 30 100.00


3.2.3 Occupation and Employment 34. Varied income activities are pursued by the members of the sampled households covered. Majority about 60% reported agriculture as one the sources of income. Real estate and rent from house is the second most economic activity stated by followed by 46.67% of the sampled households. Business and trade is reported by 40 % and earning from service

32

in the private sector is reported by 36.67% of the households. The details are given in Table 3.3.

Table 3.3: Types of Economic Activities

Sl No Particulars No. of Households %Age 1 Service in Govt. Sector 5 16.67 2 Service in Pvt. Sector 11 36.67

3 Business /trading /small enterprise 12 40.00

4 Daily wages 0 0.00

5 Professional Work (Doctor, Lawyers, other consultants) 2 6.67

6 Income from Agriculture (If any) 18 60.00

7 Real estate / House rent 14 46.67 8 Income from pension 3 10.00 Total 30 100.00


3.2.4 Average Annual Income and Expenditure Average Annual Income 35. Business contributes the most to the average annual income of the household. The average income from business is Rs.270,000/-. Income from government service reported to be second highest and reported to be Rs. 160,000/-. The average Income from real estate and house rent is Rs. 117,250/- Although it differs from household to household, but the total average annual income of the household along the project area is Rs. 287,129/-. Details are given in Table 3.4.

Table 3.4: Average Annual Income

Sl No Source of Income Average Annual Income 1 Service in Govt. Sector 160,000 2 Service in Pvt. Sector 106,171 3 Business /trading /small enterprise 270,000 4 Income from Agriculture (If any) 71,091 5 Real estate / House rent 117,250 6 Income from pension 48,000 Total Average 287,129


Average Annual Expenditure 36. The total annual average expenditure per household is Rs. 204,223/- out of which the major expenditure is incurred for the food (28.92%) followed by expenditure on transportation (18.46%). Nearly 14% of the expenditure is incurred on education and 6.23% on health. Details about the annual average expenditure are described in Table 3.5.

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Table 3.5: Average Annual Expenditure

Sl No Type of expenditure Average Annual

Expenditure (Rs.) %Age to total expenditure

1 Food 59,067 28.92 2 Transportation 37,693 18.46 3 Clothing 12,827 6.28 4 Health 12,729 6.23 5 Education 28,467 13.94 6 Communication 10,707 5.24 7 Social functions 4,445 2.18 8 Agriculture 28,750 14.08 9 Consumption of fuel for household 10,651 5.22 10 Electric Bill 19,206 9.40

Entertainment 9,385 4.60 11 Others (Specify 15,120 7.40 12 Total Average 204,223 100.00


3.2.5 Possession of Durable Goods 37. Possession of durable goods differs from each household depending on the nature of the durable goods. The commonest household goods are electric fan, LPG, television, telephone/mobile, two wheelers (scooter and motorcycles), and refrigerator. These items are possessed by more than 80% of the sampled households. All other items like bicycle, computer, washing and sewing machines are moderately possessed. Details are given in Table 3.6

Table 3.6: Possession of Durable Goods

Sl No Item Number of Households %Age 1 Radio 14 46.67 2 Bicycle 18 60.00 3 Television 29 96.67 4 Electric Fan 30 100.00 5 Telephone / mobile 29 96.67 6 LPG 30 100.00 7 Computer 14 46.67 8 Refrigerator 25 83.33 9 Washing Machine 12 40.00

10 Motor cycle/Scooter 28 93.33 11 Car 13 43.33 12 Air Conditioner 0 0.00 13 Sewing Machine 18 60.00

Total number of households 30 100.00

3.2.6 Indebtness 38. About 46.67 % of the sampled households have reported to have debts. The average loan amount reported is Rs. 2,00,000/- Details are given in Table 3.7.

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Table 3.7: Status of Indebtness Sl No Taken Loans Number of Households %Age

1 Yes 12 46.67 2 No 18 53.33 Total 30 100.00


Purpose of Loan 39. The main purpose of taking a loan varies from household to household and multiple reasons are provided. Most of the households about 75% have taken loan for meeting the expenses of social obligation like marriage, etc, help their relatives and to purchase goods. Details are given in Table 3.8.

Table 3.8: Purpose of Loan

Sl No Particulars Number of Households %Age 1 Medical expenses 2 16.67 2 Repay Debts 2 16.67 3 For Food 2 16.67 4 on education 2 16.67 5 Start/Upgrade Business 3 25.00 6 Helping relatives 9 75.00 7 Improvement in house 7 58.33 8 Social obligation 9 75.00

9 To purchase Durable/Non consumable goods 9 75.00

10 Others 7 58.33 Total 12 100.00


Source of Loan 40. Almost all the households have taken loan from the banks. However 2 households also have taken loan from their relatives and friends. Details are given in Table 3.9.

Table 3.9: Source of Loan

Sl No Particulars Number of Households %Age 1 Banks 12 100.00 2 Relative friends 2 16.66 Total 12 100.00


3.2.7 Health 41. Majority of the people have reported to be visiting private clinic/doctor for the treatment. Only 4 families out of 30 reported to be visiting a Government health facility if someone falls ill in their household. Details are given in Table 3.10.

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Table 3.10: Place of treatment Sl No Place of treatment Number of Households %Age

1 Private Doctor/Clinic 26 86.67

2 Government Doctors/Health Centers 4 13.33

Total 30 100.00 Source: Socio Economic Survey, 2009

Major Illness 42. About 14 of the surveyed households reported that one of the family members suffered from major illness during the last one year. Details are given in Table 3.11.

Table 3.11: Major Illness in the Family Sl No Major illness Number of Households %Age

1 Yes 14 46.67 2 No 16 53.33 Total 30 100.00


Treatment Seeking Behavior 43. Fever, diabetes, blood pressure and gastro intestinal problems were reported as some of the ailments suffered by the members of the household. However majority of the people preferred allopathic treatment and very few took homeopathic and herbal treatments. Details are given in Table 3.12.

Table 3.12: Type of Treatment Taken

Sl No Treatment Number of Households %Age 1 Allopathic 11 78.57 2 Homeopathic 2 14.29 3 Herbal 1 7.14 Total 14 100.00


3.2.8 Literacy 44. According to the UNESCO definition of literacy, "a person is literate who can, with understanding, read and write a short statement on his everyday life" (Literacy 2000 Conference summary: 4)9. The total literacy is reported to be 90 %. Details are given in Table 3.13.

Table 3.13: Literacy Status

Sl No Particulars % Age 1 Literate 90.00 2 Illiterate 10.00 3 Total 100.00

Source: Socio Economic Survey, 2009 9 http://www.svtr.org/english/SARAL_Literacy_SKY.htm

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3.2.9 Access to Basic Amenities 45. The major sources of drinking water are tube wells. Out of the 30 surveyed households, it is noted that 60 % households use tube well water and the rest used piped water. Details are given in Table 3.14.

Table 3.14: Source of Drinking Water Sl No Sources Number of Households %Age

1 Piped Water supply 12 40.00 2 Tube Wells 18 60.00 Total 30 100.00


Sanitation Facilities

46. About 63.33% reported having flush toilets and 30% are having simple latrines. Only 6.67% dint have any latrines. Details are given in Table 3.15.

Table 3.15: Source of Sanitation Facilities Sl No Sources Number of Households %Age

1 Flush toilet 19 63.33 2 Latrine 9 30.00 3 Bushes/open land 2 6.67 Total 30 100.00

Usage Pattern of Fuel for Cooking 47. LPG gas is the major source of fuel being used by the households (86.67%) for cooking followed by diesel and kerosene 13.33%. Details are given in Table 3.16.

Table 3.16: Type of Fuel Use for cooking Sl No Sources Number of Households %Age

1 Gas 26 86.67 2 Diesel/Kerosene 4 13.33 Total 30 100.00


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CHAPTER- 4: RESETTLEMENT POLICY, LEGAL FRAMEWORK AND ENTITLEMENT MATRIX 4.1 General 48. The policy framework and entitlements for the Program are based on national laws: The Land Acquisition Act, 1894 (LAA, amended in 1984) and The National Rehabilitation and Resettlement Policy, 2007 (NRRP); The Maharashtra Project Affected Persons Rehabilitation Act, 1999’ as modified up to 2006; ADB’s Policy on Involuntary Resettlement, 1995 and ADB’s other safeguards policies. The following section deals with these policies with a comparison and subsequently deals with the entitlements and eligibility for compensation and other resettlement entitlements. 4.2 Land Acquisition Act, 1894 amended 1984 49. The LAA provides a framework for facilitating land acquisition in India. LAA enables the State Government to acquire private land for public purposes. LAA ensures that no person is deprived of land except under LAA and entitles APs to a hearing before acquisition. The main elements of LAA are:

(i) Land identified for the purpose of a project is placed under Section 4 of the LAA. This constitutes notification. Objections must be made within 50 days to the District Collector (DC, the highest administrative officer of the concerned District).

(ii) The land is then placed under Section 6 of the LAA. This is a declaration that the Government intends to acquire the land. The DC is directed to take steps for the acquisition, and the land is placed under Section 9. Interested parties are then invited to state their interest in the land and the price. Under Section 11, the DC will make an award within one year of the date of publication of the declarations. Otherwise, the acquisition proceedings shall lapse.

(iii) In case of disagreement on the price awarded, within 6 weeks of the award, the parties (under Section 18) can request the DC to refer the matter to the Courts to make a final ruling on the amount of compensation.

(iv) Once the land has been placed under Section 4, no further sale or transfer is allowed.

(v) Compensation for land and improvements (such as houses, wells, trees, etc.) is paid in cash by the project authorities to the State Government, which in turn compensates landowners.

50. The price to be paid for the acquisition of agricultural land is based on sale prices recorded in the District Registrar's office averaged over the three years preceding notification under Section 4. The compensation is paid after the area is acquired, with actual payment by the State taking about two or three years. An additional 30 percent is added to the award as well as an escalation of 12 percent per year from the date of notification to the final placement under Section 9. For delayed payments, after placement under Section 9, an additional 9 percent per annum is paid for the first year and 15 percent for subsequent years. 4.3 The National Resettlement and Rehabilitation Policy (Ministry of Rural Development, Department of Land Resources), 2007

51. The National Rehabilitation and Resettlement Policy, 2007 (NRRP, 2007) was adopted by the Government of India on 31 October 2007 to address development-induced

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resettlement issues. The NRRP stipulates the minimum facilities to be ensured for persons displaced due to the acquisition of land for public purposes and to provide for the basic minimum requirements. All projects leading to involuntary displacement of people must address the rehabilitation and resettlement issues comprehensively. The State Governments, Public Sector Undertakings or agencies, and other requiring bodies shall be at liberty to put in place greater benefit levels than those prescribed in the NRRP. The principles of this policy may also apply to the rehabilitation and resettlement of persons involuntarily displaced permanently due to any other reason. The objectives of the Policy are:

(i) to minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives;

(ii) to ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the active participation of the affected families;

(iii) to ensure that special care is taken for protecting the rights of the weaker sections of society, especially members of the Scheduled Castes and Scheduled Tribes, and to create obligations on the State for their treatment with concern and sensitivity;

(iv) to provide a better standard of living, making concerted efforts for providing sustainable income to the affected families;

(v) to integrate rehabilitation concerns into the development planning and implementation process; and

(vi) where displacement is on account of land acquisition, to facilitate harmonious relationship between the requiring body and affected families through mutual cooperation.

52. The NRRP is applicable for projects where over 400 families in the plains or 200 families in hilly or tribal or Desert Development Program areas are displaced. However, the basic principles can be applied to resettling and rehabilitating regardless of the number affected. However, the provisions under the NRRP can also be followed for other projects as a standard and best practice. Therefore, the relevant provisions of NRRP are applicable to this project. NRRP’s provisions are intended to mitigate adverse impacts on Project Affected Families. The NRRP comprehensively deals with all the issues and provides wide range of eligibility to the affected persons and meets most of the requirement of ADB’s Policy on Involuntary Resettlement (1995). The non title holders, under NRRP, are recognized as people living in the affected area not less than three years after the declaration of the area as affected. The NRRP addresses vulnerable families with adequate entitlements and provides special provisions for Scheduled Castes and Scheduled Tribes Families. The NRRP takes into account transparency as far as consultation, dissemination of information, disclosure and grievance is concerned. However, the law relating to the acquisition of privately owned immoveable property remains the LAA.

4.4 The Maharashtra Project Affected Persons Rehabilitation Act, 1999 modified in 2006

53. The Government of Maharashtra has adopted a policy on resentment and rehabilitation through the MPAPRA. It applies to all irrigation projects which exceed 50 ha, or the area of the benefited zone exceeds 200 ha. It also applies to industrial projects such as industrial estate, atomic park, sanctuary, mines, etc. The responsibility to execute MPARPA and rehabilitate project affected persons rests with the concerned department of the government of Maharashtra through entering an agreement with the concerned project authority or body. Where, in the opinion of the State Government, it is necessary and expedient in the public interest to apply it to any other project, the State Government may by notification in the

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Official Gazette, declare that it applies in relation to such project as specified in the notification; and thereupon the provisions of this Act applies to such project. It does not apply to projects falling under the jurisdiction of inter-State projects; and rehabilitation work financed by the external agencies and countries. 54. The eligible persons under the policy are legal titleholders, and tenants who are in actual possession of land under the Tenancy Law. Eligible agricultural laborers under the act are those who do not possess any land but have been cultivating the land and earning livelihood through manual labor not less than 5 years from the date of notification. The major entitlements provided under the Act are: (i) land for land compensation subject to the availability of sufficient land, (ii) civic amenities where in the State Government will provide civic amenities in the prescribed scale and manner in the new area, (iii) restoration of cultural and religious property or proper compensation and (iv) employment schemes. 55. However, there are certain limitations of this Act in comparison with the NRRP and ADB’s policy including: (i) this Act does not have principles on minimizing resettlement, (ii) it does not recognize non-titleholders other than agricultural laborers who have worked on the land for 5 years, (iii) it does not require household surveys and social impact assessment, (iv) it does not specify assistance and restoration programs for APs, (v) it does not specify eligibility and cut-off-date, (iv) it does not recognize the loss of business, incomes and employment; and other losses without displacement and (v) while it describes market values, it may not always be equivalent to replacement value. 4.5 The Maharashtra Regional Town Planning Act, 1966 56. Section 126 of the MRTPA deals with acquisition of land required for public purposes as specified in the plans: The details are as follows:

(1) When after the publication of a draft Regional Plan, a Development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this Act at any time the Planning Authority, Development Authority, or as the case may be, 1[any Appropriate Authority may, except as otherwise provided in section 113A] 2 [acquire the land,

(a) by agreement by paying an amount agreed to, or (b) in lieu of any such amount, by granting the land-owner or the lessee, subject,

however, to the lessee paying the lessor or depositing with the planning authority, Development Authority or Appropriate Authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor’s interest to be determined by any of the said Authorities concerned on the basis of the principles laid down in the Land Acquisition Act, 1894, Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of land surrendered free of cost and free from all encumbrances, and also further additional Floor Space Index or Transferable Development Rights against the development or construction of the amenity on the surrendered land at his cost, as the Final Development Control Regulations prepared in this behalf provide, or

(c) by making in application to the State Government for acquiring such land under the Land Acquisition Act, 1894, and the land (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of Floor Space Index or additional Floor Space Index or Transferable Development Rights under this sections or under the Land Acquisition Act, 1894, as the case may be, shall vest absolutely free from all encumbrances in the Planning Authority. Development Authority, or as the case may be, any Appropriate Authority.]

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(2) On receipt of such application, if the State Government is satisfied that the

land specified in the application is needed for the public purpose therein specified, or [if the State Government (except in cases falling under section 49 [and except as provided in section 113A)] itself is of opinion] that any land included in any such plan is needed for any public purpose, it may make a declaration to that effect in the Official Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894, in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section: 3[Provided that, subject to the provisions of sub-section (4), no such declaration shall be made after the expiry of one year from the date of publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the case may be.]

(3) On publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of the land under the said Act; and the provisions of that Act shall apply to the acquisition of the said land, with the modification that the market value of the land shall be,— (i) where the land is to be acquired for the purposes of a new town, the market value prevailing on the date of publication of the notification constituting or declaring the Development Authority for such town; (ii) where the land is acquired for the purposes of a Special Planning Authority, the market value prevailing on the date of publication of the notification of the area as an undeveloped area; and (iii) in any other case the market value on the date of publication of the interim development plan, the draft development plan or the plan for the area or areas for comprehensive development, whichever is earlier, or as the case may be, the date or publication of the draft town planning scheme: Provided that, nothing in this sub-section shall affect the date for the purpose of determining the market value of land in respect of which proceedings for acquisition commenced before the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972: 57. Provided further that, for the purpose of clause (it) of this sub-section, the market value in respect of land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972, shall be the market value prevailing on the date of such commencement.] 58. As per section 126(1) of the MRTP Act of 1966 whenever land is required or reserved for a public purpose specified in the plan, then the appropriate authority can acquire the land either by an agreement or by making an application to the State Government for acquiring the land under Land Acquisition Act, 1894. That means, as per sub-section (1) of section 126 of the MRTP Act, the appropriate authority can acquire the land by entering into an agreement with the owner of the land or it may apply to the State Government for acquisition of the land required under the Land Acquisition Act, 1894. It is important to note that if the appropriate authority is unable to acquire the land under an agreement, then, in that event, intention of the Legislature appears to be to allow the appropriate authority to make use of the complete machinery already available under the Land Acquisition Act, 1894. It is also pertinent to note that under the MRTP Act of 1966, if there is a failure on the part of the appropriate authority to acquire the land by entering into an agreement, then there is no machinery, whatsoever, provided for acquisition of land required for any plan and, therefore, the Legislature intended to allow the appropriate authority to make use of the provisions of the Land Acquisition Act, 1894 for that purpose.

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59. If one refers to sub-section (2) of section 126 of the MRTP Act of 1966, it will be seen that the State Government has to be satisfied when an application is made under sub-section (1) of section 126 that the land is, in fact, needed for a public purpose and after such a satisfaction is reached at by the State Government, then, in that event, the State Government may make a declaration for acquiring the said land in the manner provided under section 6 of Land Acquisition Act, 1894. This section further provides that such a declaration, if made, shall be deemed to be the declaration duly made under the said section. However, the Proviso to sub-section (2) of section 126, provides that if such declaration under section 126(2) is not made within three years from the date of publication of the draft regional plan or any other plan, then after the expiry of three years no such publication can be made. As per sub-section (3) of section 126 of the MRTP Act, 1966, after publication of declaration under section 6 of Land Acquisition Act, 1894, the Collector shall proceed to take order for acquisition of the land under the Land Acquisition Act, 1894 and the provisions of Land Acquisition Act, 1894 shall apply to the acquisition proceedings of such land with the modification in respect of the market value of the land as per clauses (i), (ii) and (iii) of sub-section (3) of section 126 of the MRTP Act, 1966. The first Proviso to sub-section (3) of section 126 further makes it clear that nothing in this sub-section shall affect the date for the purpose of determining the market value in respect of the land where the proceedings for acquisition commenced under Maharashtra Regional Town Planning (Second Amendment) Act, 1972. As per the second Proviso to sub-section (3) of section 126, for the purpose of clause (ii) of sub-section (3) of section 126, the market value in respect of the land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972, shall be market value prevailing on the date of such commencement. 60. This sub-section (3) of section 126 of the MRTP Act makes it abundantly clear that after publication under section 6, as envisaged under section 126 (2) of the MRTP Act, 1966, the Collector has to take order for acquiring the land under Land Acquisition Act, 1894 only with the modification as provided in clauses (i), (ii) and (iii) of sub-section (3) of section 126. That means as per sub-section (3) of section 126, in order to determine the market, value, the provisions of the Land Acquisition Act, 1894 are to be applied, unless there is a modification as provided in clauses (i), (ii) and (iii) of sub-section (3) of section 126. Therefore, one can safely draw an inference that for determining the market value, the intention of the Legislature under the MRTP Act of 1966 is to apply the complete machinery already available under the Land Acquisition Act, 1894, unless there is a modification as provided in clauses (i), (ii) and (iii) of sub-section (3) of section 126 of the MRTP Act. Proviso to sub-section (2) of section 126 of the MRTP Act, 1966 makes it abundantly clear that the declaration to acquire the land under sub-section (2) shall be made in three years. However, if such declaration is not made till the expiry of three years, then, in that event, the Stage Government has to make a fresh declaration under section 126(4) for acquiring the said land under Land Acquisition Act, 1894 as per sub-sections (2) and (3) of section 126 of MRTP Act subject to the modification that the market value of the land shall be the market value at the date of declaration in the Official Gazette made for acquiring the land afresh. It is important to note that proviso to sub-section (2) of section 126 of the MRTP Act of 1966 has prescribed the limitation for acquiring the land and that period is three years from the date of the publication of the draft regional plan etc. However, an opinion is also given to the State Government by sub-section (4) of section 126 to issue a fresh declaration under section 126(4) for acquiring the land under Land Acquisition Act, 1894 in the manner provided under sub-sections (2) and (3) of section 126 of the MRTP Act, 1966, subject to the modification that the market value which the claimant would be entitled to receive, shall be the market value at the date of the fresh declaration issued under sub-section (4) of section 126 and not as per the earlier publication of plants which expired after three years. This section makes the aforesaid intention of the Legislature abundantly clear.

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4.6 ADB’s Safeguard Policy statement (SPS), 2009 61. ADB has adopted Safeguard Policy Statement (SPS) in 2009 including safeguard requirements for environment, involuntary resettlement and indigenous people. The objectives of the Involuntary Resettlement Safeguard policy is to avoid involuntary resettlement wherever possible; to minimize involuntary resettlement by exploring project and design alternatives; to enhance, or at least restore, the livelihoods of all displaced persons in real terms relative to pre-project levels; and to improve the standards of living of the displaced poor and other vulnerable groups. The involuntary resettlement safeguards covers 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. It covers them whether such losses and involuntary restrictions are full or partial, permanent or temporary. The main policy principles of the Involuntary Resettlement Safeguard are:

(i) 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.

(ii) Carry out meaningful consultations with affected persons, host communities, and concerned non-government organizations. Inform all displaced persons of their entitlements and resettlement options. Ensure their participation in planning, implementation, and monitoring and 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 displaced 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 phase.

(iii) Improve, or at least restore, the livelihoods of all displaced 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.

(iv) Provide physically and economically displaced persons with needed assistance, including the following: (i) if there is relocation, secured tenure to relocation land, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required.

(v) Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

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(vi) 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.

(vii) 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.

(viii) 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.

(ix) Disclose a draft resettlement plan, including documentation of the consultation process in a timely manner, before project appraisal, in an accessible place and a form and language(s) understandable to affected persons and other stakeholders. Disclose the final resettlement plan and its updates to affected persons and other stakeholders.

(x) Conceive and execute involuntary resettlement as part of a 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 stand-alone operation.

(xi) Pay compensation and provide other resettlement entitlements before physical or economic displacement. Implement the resettlement plan under close supervision throughout project implementation.

(xii) Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced 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.

62. The NRRP represents a significant milestone in the development of a systematic approach to address resettlement issues in India. LAA, 1894 however gives directives for acquisition of land in public interest and provides benefits only to titleholders. The LAA does not provide replacement cost for the loss of land and assets. Although NRRP, recognizes non-titleholders, but the basic requirement is for the Non titleholder is to stay in the project affected area at least 3 years prior to the declaration of the area as affected area. The state level policies are not so comprehensive as far as various types of losses and entitlements are concerned. Therefore, it is noted that the NRRP complies with most of the provisions made under ADB’s IR policy. A detailed policy analysis of ADB Involuntary Resettlement Policy and national and state policies are made and a comparison matrix is presented in Annexure 4. 4.7 Principles and Policies adopted for this sub project 63. The core involuntary resettlement principles for this sub-project are: (i) land acquisition, and other involuntary resettlement impacts will be avoided or minimized exploring all viable alternative sub-project designs; (ii) where unavoidable, time-bound resettlement plan (RP) will be prepared and DPs will be assisted in improving or at least regaining their pre-project standard of living; (iii) consultation with DP/APs on compensation, disclosure of resettlement information to DPs, and participation of DP/APs in planning and implementing sub-projects will be ensured; (iv) vulnerable groups will be provided special assistance10; (v) payment of compensation to DPs including non-titled persons (e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement rates; (vi) payment of compensation and 10 Vulnerable groups include poor households, households headed by women, physically

handicapped, scheduled tribes and scheduled caste.

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resettlement assistance prior to the construction contractor taking physical acquisition of the land and prior to the commencement of any construction activities; (vii) provision of income restoration and rehabilitation; and (viii) establishment of appropriate grievance redress mechanisms. 4.8 Eligibility and Entitlements

4.8.1 Eligibility

64. DPs entitled for compensation and rehabilitation are (i) DPs losing land and other assets with legal title/traditional land rights will be compensated, and DPs will be rehabilitated (ii) tenants; (iii) owners of buildings, crops, plants, or other objects attached to the land; (iv) DPs losing business, income, and salaries; (v) assistance to the non title holders(squatters, etc). 65. Compensation eligibility is limited by a cut-off date as set for the Project on the day of the DP census survey (June-July, 2009). It is on this date that all impacted persons will be identified and the nature of the impact disclosed. DPs who settle in the affected areas after the cut-off date will not be eligible for compensation and/or other assistance. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to Project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or suffer any sanction.

1. Under the Maharashtra Regional Town Planning Act, sec 13 to 20 provisions for Regional Plan, the land use has been demarcated and all the development is controlled and monitored against this Regional Plan. The last Regional Plan published11 in 1990 and sanctioned12 in 1997 was widely disseminated and as per this Regional Plan, the ROW 45 mtrs was demarcated and any construction within the demarcated area without the permission from any competent authority is considered illegal. The BRT corridor of Aundh Ravet (ROW 45 mtrs) cuts across the Tathwade village. For this village, the Regional plan is applicable till about August 2009 and now the new DP published13 in 2000 and sanctioned in August 2009 is applicable. This village has many structures built within the ROW. All these structures have no legal permission for construction from competent authority (Collector) and hence considered as illegal. Similarly, sec 21 to 30 provisions for Development plan14 is the area under the jurisdiction of PCMC and PCNTDA15 (Pimpri Chinchwad New Town Development Authority). This DP was prepared16 in 1991 and sanctioned in 1995 was widely disseminated. After the DP was prepared and sanctioned, there were many people who build structures within the ROW (45 mtrs). Any construction within the ROW is considered as illegal as per the DP. Hence, these structures will not be entitled for any compensation. No structures were built before 1990 on these

11 Date of published Regional Plan for Pune District 21.5.1990 12 REGIONAL PLAN FOR PUNE DISTRICT – NOTIFICATRION NUMBER TPS1895/227/PN‐26/95/UD‐13 (25/11/1997) 13 Date of published Draft DP for PCMC new Village 5.10.2000 14 PCMC OLD AREA DP SANCTION NOTIFICATION NUMBER TPS/1893/1276/CR/174/93/UD‐13 (18/09/1995) 15 PCNTDA NOTIFICATION NUMBER TPS/1893/1412/UD‐13 ON 28TH NOV 1995 16 Date of published Draft DP for PCMC old limit 28.6.1991

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corridors covered by census and therefore, not entitled to compensation. PCMC did not pay any compensation for illegally built structures and the practice is acceptable as it is fully in conformity with the provisions of the LA Act 1894. Although the ADB policy requires payment of compensation at replacement cost and absence of title is no bar to compensation, for the project, this is not considered advisable because i) the need for uniform application of local laws and regulations; ii) payment of any compensation to the households under the RP, would mean payment of similar compensation level to other households affected by loss of illegally built structures on the land acquired by PCMC on the same corridors and on other corridors within PCMC limits during the past more than two years; and iii) practical difficulty in locating the affected households who have now dispersed. Further, PCMC started land acquisition proceedings in early 2007 as part of development efforts in PCMC and any possible funding from ADB was not foreseen. The compensation offered even before the ADB funding was foreseen is as per the local and national laws which is in conformity with the principle of replacement cost. However, for the affected structures covered in the RP which is temporary in nature, the project impact allowance calculated would be paid separately.

2. For land acquisition, generally the PCMC offers three options to the land owners. These include: 1. Monetary (cash) compensation

2. Award of TDR in case of road and other areas reserved in the DP for specific usages; and

3. Award of FSI in case of roads other than national highways.

TRANSFERABLE DEVELOPMENT RIGHT (TDRs)

1. Owners of land reserved for public purposes in the DP are provided TDRs in the form of additional FSI, in lieu of cash compensation, for use within the BRTS influence zone (100 m on either side of each BRTS corridor) within the PCMC. Such awards entitle the owners of the land to utilize additional FSI in the form of Development Right Certificate (DRC) which they may use for themselves or transfer (i.e. sell) to any other person.

2. PCMC also follows a TDR policy for appropriating land and other assets to be developed as roads or public amenities. PCMC will allow use of the TDRs generated in other existing zones within the PCMC limits in the BRTS influence zones along BRTS corridors. This policy is expected to increase development density along the BRTS corridors over time. However, developers will have to pay a premium for transferring the TDRs to the new BRTS influence zones based on the higher property prices within these new zones.

3. DRCs issued by the PCMC specify the FSI credits in square metres of the additional floor space to which the owner or lessee is entitled to use in specific zones, in conjunction with the use of TDRs. Accordingly, the Commissioner of PCMC issues a Development Right Certificate (DRC) stating the additional FSI credit and this is based on the allowable FSI on the area of land/ asset surrendered to the authority. TDRs are not allowed along national highways.

• There is no time limit during which a TDR must be used. It means some TDR owners can withhold utilization/trading of their TDRs until the market prices are right for them to trade. While this may be possible for some owners, by and large, people want to

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utilize their TDRs as soon as possible. According to PCMC, generally, 70%-80% of TDRs issued yearly have been utilized.

• For the persons holding the TDRs, there are generally two options available to them: a) Use the TDR for construction /remodeling of existing structure on his remaining

land within the BRTS influence zone and utilize the entitlements to the increased FSI; or

b) Sell it to other person/developer at the prevalent market rates. The purchaser can use the TDR either within the BRTS Influence Zone (to avail increased FSI facility) or other areas within the PCMC limits but outside the BRTS Influence zone (if he/she is not interested to avail increased FSI facility).

• In case, the remaining land parcel is too small for development approval, the owner would can sell it to others or look for land in outer zones that would enable him to buy a larger land parcel.

• The purchaser can use the TDR and at the same time be benefited with the increased FSI from 1.0 to 1.8 within the BRTS influence zone. The purchasing/selling price of the TDR would depend on the market conditions. In a buoyant real estate market, the land prices may increase over time and person holding the TDR may get benefited by selling it to the highest bidder. On the other hand, in a saturated market where TDRs are more than the absorption capacity of the market, he may have to sell it at a lower price particularly if he/she cannot withhold it until such time the land prices have improved. .

66. The project will have impacts on land, residential and commercial structures and other assets including the loss of businesses, incomes and employment. Based on the above broad principles, the DPs will be entitled to a combination of compensation measures and resettlement assistance, depending on the nature of ownership rights of lost assets and scope of the impact, including social and economic vulnerability of the DPs as follows:

A. DPs Losing Agricultural Land

i) DPs with only marginal impact on land (<10%) of loss

For marginal loss of agricultural land, the owners/titleholder DPs will be entitled to compensation in cash at replacement cost or a TDR Certificate for the loss of land area. In case of cash compensation, the project will also cover the cost of documents, fees and relevant taxes, if any. There are 6 households in this category.

Additionally, the DPs will be entitled to compensation for any loss of standing crops and trees. In case on share-croppers, the compensation for affected crops and trees would be divided between the land owner and the share-cropper in accordance with the contract arrangement. In case of impacts on leaseholders, the lease amount for the remaining period will be returned.

Share croppers, tenants and leaseholders displaced by the loss of agricultural land will be entitled to assistance for loss of income during the transition period of three months as ‘Transition Allowance’.

The project will affect a total of 5 share-croppers and one tenant.

ii) DPs losing more than 10% of land and the remaining land is economically unviable for use, causing severe impact on household incomes and livelihood. There are 4 DPs in this category.

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The general mechanism for compensation of lost agricultural land will be through provision of "land for land" arrangements of equal productive capacity, satisfactory to the DP. However, if suitable replacement land is not available, compensation in cash for the entire land holding will be given at the informed request of the DP. The DPs will also be offered the option of receiving TDR certificates in lieu of the compensation in cash or kind. For the DPs opting for land-for-land or compensation in cash, the project will also cover the cost of documents, fees and relevant taxes, if any.

All severely displaced DPs will be entitled to compensation for loss of incomes for a transition period of three months based on the average annual incomes.

DPs will be compensated for the loss of standing crops and fruit or non-fruit bearing trees.

Severely displaced DPs will also receive economic rehabilitation assistance in the form of income rehabilitation programs, training to improve skills and other assistance for self-employment enabling them to attain, at a minimum, pre-project livelihood levels on a sustainable basis.

Severely displaced DPs who have to relocate due to the entire loss of land holdings will be provided with a lump sum ‘Shifting’ Allowance.

DPs whose land is temporarily taken by the works under the subproject will be compensated for their loss of income, standing crops and for the cost of restoration of the land to its previous productive status, and for damaged infrastructure.

B. DPs Losing Residential Land

i) Entire Loss of Residential land. If the entire residential land holding is displaced by the project or where the residential land is only partially affected but the remaining residential land is rendered unviable to use in accordance with the prevailing standards, and the DPs is required to relocate, the DP will be entitled to replacement residential land of equivalent size and location attributes similar to the land and at location satisfactory to the DP. Alternatively, at the informed request of the DP, compensation in cash at replacement cost will be provided. The DPs will also be given the option to take TDR certificate in lieu of compensation in cash or land-for-land.

Where the entire land holding, together with structure, is affected and the DPs are required to relocate, the DP will be provided with a lump sum Transport/shifting Allowance.

There are no DPs in this category.

ii) In case of partial impact and where the remaining land is still viable for continued use, the DP will be entitled to cash compensation reflecting full replacement cost of the partially affected land. Alternatively, the DPs will be offered the option of receiving the TDR certificate in lieu of compensation.

There are 110 legal titleholders of affected residential land in this category.

C. DPs losing Structures

Compensation entitlements for affected structures would be as follows:

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a. Structure is legal i.e. constructed with permission from competent authorities:

i) If the entire structure is affected, or where it is only partially affected by the Project and the remaining residential structure is not viable for use, the DP will be entitled to compensation for entire structure at replacement cost without depreciation and deduction of salvage materials

ii) In case of partial impact on structures and where the remaining structures remain viable for continued use, DPs will be entitled to compensation for the affected portion of the structure at replacement cost without depreciation and deduction of salvage materials. Additionally, the DP will be entitled to a ‘Project Impact Allowance’ for the remaining structure.

There are no DPs in this category of legally built structures.

b. Structure is built illegally without permission from competent authorities:

i) If the structure is built without permission from competent authorities, the DPs will not be entitled to any compensation for the affected structures. However, the DPs will be entitled to salvage building material and will be provided with a lump sum amount as ‘Project Impact Allowance’.

ii) If the structure is only partially affected and the remaining structure is viable for use, the DPs will be provided with a ‘Project Impact Allowance’. The project impact allowance in different categories of structures is in keeping with the principle of replacement cost.

There are 59 DPs in this category.

c. Vulnerable groups, including squatters, who have built houses on public land, will receive alternative residential accommodation under the State Government’s ‘Low-cost’ Housing program. Additionally, the vulnerable groups will also be provided with a shifting assistance in kind. There are 590 DPs in this category.

d. Tenants in affected structures, who have leased a house for residential purposes and are displaced due to the project, will be provided with a cash grant of rental allowance for three months and will be assisted in identifying alternative accommodation. However, there are no DPs in this category.

D. APs losing Business incomes and Livelihood

i) The mechanism for compensating severe loss of business who would have to relocate will be:

a. Priority in allocation of alternative business site of equal size and accessibility to customers, satisfactory to the DP for all relocating businesses under the Hawkers Policy of the State government; and

b. All relocating illegal businesses would be entitled to compensation for loss of income during the transition period of three months based on the national daily average wage rate..

c. All relocating businesses will be entitled to a lump sum Shifting Allowance.

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There are 45 DPs in this category of affected illegal businesses.

ii) All affected businesses who do not have to relocate would be provided with a compensation for loss of income during the transition period of three months based on the average of annual income. There are 45 DPs in this category.

iii) DPs affected by loss of employment will be entitled to compensation for loss of income during the transition period for three months based on the national daily average wage rate and given priority in provision of jobs during the construction period. There is 1 DP in this category.

E. APs Losing Crops and Trees

DPs losing crops and trees will be provided with compensation in cash based on the market price of the crops and trees. In case on share-croppers, the compensation for affected crops and trees would be divided between the land owner and the share-cropper in accordance with the contract arrangement. In case of impacts on leaseholders, the lease amount for the remaining period will be returned.

There are 10 owners and 1 sharecropper that would be affected by loss of crops and trees.

F. Impacts on Vulnerable Households

All severely affected DPs and vulnerable groups will be entitled to additional income rehabilitation assistance in kind/vocational training programs and linking them with government welfare programs equivalent to Rs.5000 per household and will be given priority in jobs during the construction period. There are 107 DPs in this category.

4.8.2 Entitlement Matrix 67. Entitlements for compensation and other assistance to DPs are presented in the Entitlement Matrix in Table 4.1. The number of DPs within brackets in the entitlement matrix is the number of entitled persons, which is directly linked to the budget table.

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Table 4.1 Entitlement Matrix Type of Loss Application Definition of Entitled


Legal titleholders/owners (10)

Area –( 0.593 ha)







• 20% of APs are expected to opt for TDR



Tenant/leaseholder/ Share Cropper (6)

• Assistance for lost income for a period of 3 months as transitional allowance. (@Rs.5924 per monthX3 months=Rs.17772).



PCMC will directly give the balance lease amount to the tenants/leaseholders/share cropper in accordance with the contract agreement deducted from the compensation given to the owner.


Severely DisplacedHouseholds (losing >10% of the productive assets) Severe impact on DPs livelihood

Owners (4) Total plot Area –(0.16 ha)



• Shifting allowance(Rs.5000 per HH) • Compensation for loss of income during

transition period for 3 months (@Rs.5924 per monthX3 months=Rs.17772).

• Income rehabilitation assistance (training/ agricultural inputs)






•


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2. Residential Land


Legal titleholders (owners) (110) (Area in Sq.mtrs-208788)


cost in cash/TDR.







owners18 (59) (Area- 16,500 Sq.mtrs)

• If the structure is built without permission from competent authorities, the DPs will not be entitled to any compensation for the affected structures, affected partially or entirely. However, the DPs will be entitled to salvage building material and will be provided ‘Project Impact Allowance’ in keeping with the principle of replacement cost. ..

• PCMC will pay to the DPs special project impact allowance in lieu of compensation for affected structures

PCMC will verify the Project Impact Allowance.

illegal(unregistered business) (45)(Telco road)

• Compensation for loss of income during transition period of 3 months based on the national daily wage rate(Rs.170 per dayX90 days=Rs. 15,300 per HH)

• Shifting allowance(Rs. 5000 per HH) • Priority in the allocation of hawkers

zone/market zone



Affected businesses(45)(Aundh Ravet)

• Compensation for the loss of income during transition period for 3 months(Rs.20,792X3 =62,376 per HH)

4. Livelihood



• Assistance for lost income based on the 3 months minimum wage (Rs.170 per dayX90 days=Rs. 15,300 per



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labor (1) HH) 5. Trees Fruit Bearing


Legal title holder/tenant/leaseholder/non-titled DP Total 105 ( 67 -fruit bearing, 38- non fruit bearing)






1.Owners(10) • Notice to harvest standing seasonal crops • Compensation of crops according to

market values





6. Crops Crops

2. Share cropper(5) • Notice to harvest standing seasonal crops • The compensation for the crop will be




• PCMC will directly give the compensation amount to the share cropper and owner in accordance with the contract agreement deducted from the compensation given to the owner.

PCMC through SLAO and appropriate department will ensure provision of notice. PCMC will undertake valuation of standing crops, perennial crops and finalize compensation rates in consultation with DPs

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8.Impacts on vulnerable DPs

All impacts Vulnerable DPs ( WHH, Below Poverty Line HH households) (107)





Shifting allowance

All relocating DPs (49)

• Allowance per HH is 5000 per HH


All relocating DPs(4) • Transitional allowance for a period of 3 months ((@Rs.5924 per monthX3 months=Rs.17772).

9. Allowances


Partial loss of structures built without permission(59)

• Project Impact Allowance of Rs. 25,000 per HH(Brick made),Rs50,000 per HH brick made and Rs.75,000 per HH for RCC/Cemented structures



-


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4.8.3 Income restoration strategy 68. DPs engaged in various commercial activities ranges from petty shop keepers, owners of small eateries, godowns, etc. The entitlement matrix proposed for the subproject has adequate provisions for restoration of livelihood of the affected communities. The focus of restoration of livelihoods is to ensure that the DPs are able to at least regain their pre project living standards. To restore and enhance the economic conditions of the DPs, various assistances are incorporated in the RP. Affected households eligible for various assistances under the subproject according to entitlement matrix are as follows: 10 households for loss of their productive asset from agriculture, 45 households for loss of business Income and one for employment which is temporary in nature and 107 vulnerable households. In addition, PCMC will also play a proactive role to mobilize DPs to get some vocational skills training for the vulnerable groups and the 45 vendors losing their business and income in the Telco road. PCMC, under the Government social welfare scheme such as SJRSY (Suvarna Jayanti Sharari Rojghar Yojana ) provides Vocational training/skill training such as trainings for painters, carpentry, plumbing, electrician work and so on for the BPL families. There are 107 vulnerable families (BPL families and Women Headed Households) identified in the three corridors affected due to the sub project. Under the Income rehabilitation assistance these project affected vulnerable families should be provided with such trainings for which Rs.5000 as a lump sum amount has been budgeted. Women headed households to be integrated into women welfare schemes. One of the family members of those households to be identified for such trainings for restoration of their livelihoods. 4.8.4 Relocation measures for the squatter settlement

69. A total of 590 households in the Squatter settlement are entirely affected and require relocation. In lieu of cash compensation, all these squatter households who are considered as project affected people will be compensated with a low cost housing under the Basic Services for the Urban Poor. The area of the house is 270 Sq.ft. and the value is 3.72 lakhs. A nominal amount of Rs.10,000 will be charged per household as a deposit. The ownership will be transferred jointly in the name of wife and husband. In the contract it is also mentioned that they have no authority to sell the house for the initial period of 15 years. The basic selection criterion for allocation of a house in B.S.U.P (Basic Services for Urban Poor) housing Scheme is based on the possession of essential documents. However, the slum development officer said that these people being affected by the project would be given a priority for the housing. A survey was conducted and the slum dwellers were asked if they possessed one of the any documents listed below during the survey. Among the households covered in the slums about 220 of them have old photo pass issued in 1987. About 348 slum dwellers have election cards issued before 1st January 1995. Another 372 of them reported having their name in voter list published on or before 1st January 1995 and 1st January 2000. About 199 households reported of not possessing any of the essential papers that are probed. The result is multiple since one household may fulfill more than one category. For details refer Table 4.2.

Table 4.2: Possession of Essential Papers Sl.No. Particulars Frequency %Age

1 Old photo pass Issued in 1987 220 37.12 2 Election card issued before 1/1/1995 348 58.98 3 Voter list published on or before 1/1/1995 & 1/1/2000 372 62.88 4 E.S.I. card before 1/1/1995 15 2.54 5 Commercial shop Act. issued on or before 1/1/1995 17 2.88 6 None of the above 199 33.73 7 Total 590 100.00

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70. As part of the State Hawkers policy which is to be effective soon, the relevant department of PCMC has already started to survey the places for creating these market zones. Under the provisions of this policy temporary business establishments, vendors and hawkers etc. within the PCMC areas would be relocated in the specially designed hawker centers. For the 45 vendors in the Telco road who will be affected by loss of business and income, priority in allocation of space in market/hawkers zone.

General terms and conditions and process for registration for Static hawkers -

1. Municipal Corporation/ Municipal Council shall publish public notice in the newspaper.

2. In case of Municipal Corporation, applicant shall apply in a prescribed form to Ward Hawker Committee for the registration of Static Hawker.

3. It shall be compulsory to attach a residence certificate stating that the applicant is residing 15 years in Maharashtra state along with the application in order to register as static hawker.

4. The applicant shall pay the fee decided by Municipal Corporation/ Municipal Council at the time of registration. The applicant who belongs to the family having name in the list of Below Poverty line need not pay the license fee. But, he/she shall have to pay other fees.

5. Municipal Corporation / Municipal Council shall issue an Identity Card with photograph to the licensed Static hawkers.

General Terms and Conditions for the regulation of Static Hawkers:

1. It shall be obligatory for the registered Static Hawker to attach the Identity Card on his body so that it can be easily seen.

2. The licenses Static Hawker can mention name of one more person of his family, who shall handle his business, when he is absent at his working place. If that person breaks any term of registration, the licensed hawker shall be held responsible and shall be liable for action.

3. The pitch allotted to the Static Hawker shall belong to the Municipal Corporation/ Municipal Council. The licensed person shall not have any right about it. The licensed person shall not have any right to transfer this place in any manner.

4. The static hawker shall do the business in totally temporary manner and for fixed time on the basis of daily rent. He shall keep his goods in the place allotted by Municipal Corporation/Municipal Council.

5. Static Hawker shall be able to do his business by keeping goods in the Kiosk as per design decided by Municipal Corporation/ Municipal Council in the temporary Hawker zone announced by Municipal Corporation/ Municipal Council on the footpath or, he could do business on a folding table put on the pitch drawn on the ground belonging to Municipal Corporation/ Municipal Council. But, it shall be obligatory to carry back the folding table and goods after the end of selling table.

6. Concerned commissioner/ Chief Officer shall have right to stop the use of pitch place in case of special security reason by giving 24 hours notice.

7. Static hawkers would carry their business only in a particular span of time period prescribed by Municipal Corporation/ Municipal Council. It shall be obligatory for them to carry business with customers in proper manner and to behave properly.

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8. Static hawker will not have right to shout loudly, to touch the customer, to use loud speaker and to use blinking and harsh lights in order to catch the attention of the customer.

9. Static hawker will have only those goods to sell which are mentioned in the registration letter.

10. License is allotted on the terms and conditions. If any of the terms and conditions is broken, the license shall be cancelled. But, before cancellation, licensed person shall be given notice so that he can state his points. The person, whose license is cancelled, shall not be registered again.

11. If a static hawker becomes dead/ handicapped, he could sell his license but, his license could be transferred to his nominee.

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CHAPTER 5: PUBLIC CONSULTATION AND DISCLOSURE

5.1 General 71. Public participation and consultation are the major keys to any success in infrastructure development. The sustainability of any infrastructure development depends on the participatory planning in which public consultation plays major role. To ensure peoples’ participation in the planning phase of this project and to treat public consultation and participation as a continuous two way process, numerous events were arranged at various stages of project preparation i.e., detailed engineering project report, land acquisition and during the due diligence stage. Aiming at promotion of public understanding and fruitful solutions of developmental problems such as local needs and problem and prospects of resettlement, various stakeholders i.e., displaced persons, government officials, local community and elected representatives of the people are consulted through focus group discussions, individual interviews and formal consultations. The project will therefore ensure that the displaced population and other stakeholders are informed, consulted, and allowed to participate actively in the development process. This will be done throughout the project, both during preparation, implementation, and monitoring of project results and impacts. 72. Public participation and community consultation has been taken up as an integral part of social and environmental assessment process of the project. Consultation was used as a tool to inform and educate stakeholders about the proposed action both before and after the development decisions were made. It assisted in identification of the problems associated with the project as well as the needs of the population likely to be impacted. This participatory process helped in reducing the public resistance to change and enabled the participation of the local people in the decision making process. Initial Public consultation has been carried out in the project areas with the objectives of minimising probable adverse impacts of the project and to achieve speedy implementation of the project through bringing in awareness among the community on the benefits of the project. 5.2 Objective of the Consultation 73. The basic objective of consultation is to explore the measures for affected people in project area with specific objectives as follows:

• Disseminate information to the people about the project in terms of its activities and scope of work; and understand the views and perceptions of the people affected and local communities with reference to acquisition of land or loss of property and its due compensation.

• Assessment of road alignment • Understand views of affected people on LAR options and generate idea

regarding the expected demand of the affected people; • Identify and assess major economic and social information and characteristics of

the project area to enable effective social and resettlement planning and its implementation.

• Resolve issues related to impacts on community property and their relocation. • Examine DPs’ opinions on health safety issues during the construction period on

garbage materials, waste materials and other pollution issues. • Identify levels and extent of community participation in project implementation

and monitoring. • Establish an understanding for identification of overall developmental goals and

benefits of the project.

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• Disseminate information to and develop a thorough coordination with different government, non-government and public private sector stakeholder line agencies ensuring their participation and mobilization of support in the process for the successful planning and implementation of the project.

• Assess the local people's willingness to get involved with the project; and enumerate the measures to be taken during the implementation of the project.

5.3 Methods of Public Consultation 74. The following methodologies have been used for carrying out public consultations:

• Walk-through informal group consultation along the road. • Focus group discussions with different groups of affected people including

women groups, farmers and slum dwellers(squatters). • In-depth individual interviews • Discussions and interviews with key informants

75. Different techniques of consultation with stakeholders were used during project preparation, viz., in-depth interviews, public meetings, group discussions etc. To understand the socio-economic profile of the displaced persons, questionnaires were designed and information was collected from the affected persons on one-to-one basis. Around 79 displaced households have been consulted as part of the census survey in BRTS subproject area during June and July, 2009 in the sub project affected zone. Focused Group Discussions (FGD) were conducted at rural as well urban areas such as Tathwade Village (01/07/2009), Thergaon village (09-07-2009), Landewadi Slum (13-07-2009), Ravet and Kiwale village (10-07-2009). The numbers of participants in the consultations were approximately 63 which include different representatives. Consultations have also been carried out with special emphasis on the vulnerable groups. The key informants included both individuals and groups namely:

• Heads and members of households likely to be affected. • Groups/clusters of APs. • Government agencies/departments

Other project stakeholders with special focus on APs belonging to the vulnerable group

5.4 Findings of the Community Consultations/FGDs 76. The consultation process established for the project has employed a range of formal and informal consultations at this stage. Community level discussions were held in different areas by conducting various FGDs. The views of the people on social, environmental and resettlement issues are always essential for suggesting the requisite mitigations. The benefits of the project were explained in detail to them and solicited their views on relocation of such properties from their present locations. In the process of public consultation and meeting with a number of potential affected people, it is observed that most of the people are concerned about their livelihood issues. Most of the people welcome the project. The major findings of the consultations held at various locations are summarized as follows.

• According to the people at project area, most of the affected APs (based on the feedback from land losers whose land has already acquired, it is noted that most of them have already received the compensation) have already received the payments for the land compensation and for the remaining people it will be paid soon.

• Most of the people are aware of the project and are willing to render the support whenever required.

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• People also suggested a proper compensation package to be granted who are losing their properties.

• The compensation should be based on the current market value.

• People suggested that adequate safety measures should be provided for uninterrupted social life.

• They perceive positive impacts of the project.

• People would like to receive regular updates on project.

• People suggested for uninterrupted social life during the construction phase

• Concerned Government departments should be friendly with them to solve any issues arising out of the project.

• People perceive certain benefits arising out of this such as better public transport, quicker and easy connectivity, disciplined traffic and reduced accidents.

• Request for better technology to reduce noise, dust and air pollution during the construction phase.

5.5 Consultation with Government Officials 77. Consultations have been carried out with officials of PCMC in order to incorporate their feedbacks to the project planning. The office of the Land Acquisition Officer (LAO), department of town planning was also consulted to know the process and status of land acquisition. Various other concerned officials were also consulted to involve them in the implementation of the proposed investment program. 5.6 Continuation of Public Consultations 78. Consultation will remain continued all through the project cycle. The effectiveness of resettlement implementation is directly related to the degree of continuing involvement of those affected by the project. Several additional rounds of consultations with APs will be required during RP implementation. Consultations during RP implementation will involve agreements on compensation, assistance options, and entitlement package and income restoration. The other round of consultations will occur when compensation and assistance are provided and actual resettlement begins. Information disclosure is pursued for effective implementation and timely execution of the RP. For the benefit of the community in general and DPs in particular, the RP should be made available at concerned offices of PCMC and revenue offices. The PCMC will provide information on Resettlement policies and features of the RP. For continued consultations, the following steps are envisaged in the project:

• The ESMD to be involved in implementation of the RP will organize public

meetings and will apprise the communities about the progress in the implementation of resettlement, social and environmental activities.

• There will be Grievance Redress Committees (GRC). The DPs will be associated with such committee along with their representatives.

• PCMC will organize public meetings to inform the community about the compensation and assistance to be paid. Regular update of the progress of the resettlement component of the project will be placed for public display at the PMU offices.

• All monitoring and evaluation reports of the resettlement components of the project will be disclosed in the same manner as that of the RP.

• Key features of the entitlements will be displayed along the project corridor.

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• PCMC will conduct information dissemination sessions at major intersections and solicit the help of the local community leaders to encourage the participation of the APs in RP implementation.

• Attempts will be made to ensure that vulnerable groups understand the process and to take their specific needs into account.

5.7 Disclosure of RP

79. To keep more transparency in planning and for further active involvement of DPs and other stakeholders, the project information will be disseminated through disclosure of resettlement planning documents. A resettlement information leaflet containing information on compensation, entitlement and resettlement management adopted for the Project will be made available in local language(s) and distributed to APs. A copy of the leaflet is provided in the annexure 4. Each DP will be provided information regarding specific entitlements. The ESMD will keep the displaced people informed about the impacts, the compensation and assistances proposed for them and facilitate addressing any grievances. The subproject summary Resettlement Plan will be translated in to local language and disclosed to displaced persons at local level. The copy of the full Resettlement Plan will be available with PCMC and will be available for the DPs as and when asked for. A copy of the draft and final RP will be disclosed on ADB and PCMC website.

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CHAPTER 6: GRIEVANCE REDDRESAL MECHANISM 6.1 Grievance Redress Committee 80. Efficient Grievance redress mechanism will be developed to assist the DPs resolve their queries and complaints. Grievances of DPs will be first brought to the attention of PIU. Grievances not redressed by the PIU staff (field level) will be brought to the Grievance Redress Committee (GRC). The composition of the proposed GRC will have representatives from DPs, PCMC, Environment and Social Management division (ESMD), field staff, commissioner and Revenue Authority. The main responsibilities of the GRC are to: (i) provide support to DPs on problems arising from land/property acquisition; (ii) record DP grievances, categorize, and prioritize grievances and resolve them; (iii) immediately inform the ESMD of serious cases; and (iv) report to DPs on developments regarding their grievances and decisions of the GRC. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. When any grievance is brought to the field level staff, it should be resolved within 15 days from the date of complaint. The GRC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month of receiving the complaint—failing which the grievance will be referred to appropriate court of Law for redressal. Records will be kept of all grievances received including: contact details of complainant, date the complaint was received, nature of grievance, agreed corrective actions and the date these were effected, and final outcome. The GRCs will continue to function during the life of the Project including the defects liability period.

Figure1: Grievance Redress Committee

Displaced Persons

Field Level Staff (PCMC)

Commissioner (PCMC)

Grievance Addressed

GRC

Grievance Addressed

Court of Law

Minor Grievances

Major Grievances

Not Addressed

Grievance Addressed

Not Addressed

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CHAPTER 7: INSTITUTIONAL ARRANGEMENTS

7.1 General

81. The implementation of RP requires involvement of various institutions at different stages of project cycle. This section deals with roles and responsibilities of various institutions for a successful implementation of the RP. The primary institutions to be involved in the process are as follows:

• Pimpri Chinchwad Municipal Corporation (PCMC), Government of Maharashtra • Department of Town Planning, PCMC, Government of Maharashtra • Office of the District Commissioner (Special Land Acquisition Officer) • Slum Development and Rehabilitation Authority • Monitoring Agency

7.2 Pimpri Chinchwad Municipal Corporation (PCMC)

82. PCMC will be responsible for the overall coordination and implementation of the project including the land acquisition and resettlement issues. PCMC will act as Executing and Implementing Agency. The designated engineering department under the PCMC will be responsible for project design and identification of project sites. The department will assess the requirement of land acquisition and resettlement based on the engineering design. PCMC will be responsible for coordinating with other concerned government departments for land acquisition planning and implementation of RP which will include the disbursement of compensation, assistance, shifting and relocation of affected people. An engineering department with designated officials is involved in the proposed ADB funded project components and the department is headed by city engineer. All the technical input is governed under this department. 7.3 Department of Town Planning 83. The department of town planning is responsible for overall coordination between various agencies involved in land acquisition such as SLAO, Commissionorate/Collectorate. The department of town planning will be responsible for initiating the notice and issuing the TDR/FSI to the affected land owners. 7.4 Office of the District Collector (Special Land Acquisition Officer) 84. The office of the district commissioner will be responsible for the land acquisition. The collector will designate a Special Land Acquisition Officer (SLAO) who will be given the charge of coordination between the PCMC and the affected land owners. PCMC will be providing the technical details and the land acquisition plan to the SLAO. The SLAO will be responsible for initiating the notice and issuing all the sections under the LA Act. SLAO will be responsible for doing the valuation of affected land and assets and will decide the replacement value. The disbursement of compensation for land and assets of the legal owners will be done through the supervision of SLAO. 7.5 Department of Slum Rehabilitation 85. The department of Slum Rehabilitation is responsible for the Rehabilitation of slum dwellers affected by the corridor. The Assistant Commissioner takes care of this department.

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PCMC ADB

Inde

pend

ent M

onito

ring

Age

ncy Engineering Division

(City Engineer)

ESMD

Special Land Acquisition Officer

(SLAO)

Displaced Persons

Department of Town Planning

Slum Development and Rehabilitation Authority

PIU

According to the guidelines laid down by State Govt and PCMC this department provides different vocational trainings to the urban poor. 7.6 Environment and Social Management Division 86. It is noted that PCMC does not have a dedicated division for looking after the safeguards activities. It is proposed that an Environment and Social Management Division (ESMD) will be set up within the PCMC which will function in collaboration with other engineering units. The ESMD will look into the planning and implementation of environmental and social issues of the PCMC and specifically the ADB project. This will be staffed by a Resettlement Specialist and one Environment Specialist. For project RP, PCMC will do the overall coordination, preparation, planning, implementation, and financing. The ESMD, as part of the PCMC, will work closely with other staff of the PCMC and will be specifically looking after the safeguards issues. The ESMD will assist the PCMC for getting all the necessary clearances and implementation of the resettlement activities prior to start of any civil work. The resettlement specialists to be selected are desired to have similar earlier experience in resettlement and social development planning and implementation. Some of the specific functions of the ESMD in regards to resettlement management will include the following:

• Overall responsibility of planning, implementation and monitoring of R&R activities in the Project;

• Ensure availability of budget for R&R activities; • Liaison lined agencies support for land acquisition and implementation of land

acquisition and resettlement • Coordinating with line Departments, especially with the SLAO.

Figure 2: Organizational Chart

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CHAPTER 8: MONITORING AND REPORTING

8.1 General 87. RP implementation will be monitored internally. The monitoring of the resettlement issues will aim at providing the PCMC with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. Monitoring will be undertaken by the PCMC with assistance from ESMD.. Broadly, monitoring will include but not limited to daily planning, implementation, feedback and trouble shooting, individual DP file maintenance, progress reporting; PCMC is required to implement safeguard measures and relevant safeguard plans, as provided in the legal agreements, and to submit periodic monitoring reports on their implementation performance. ADB will require PCMC

• To establish and maintain procedures to monitor the progress of implementation of safeguard plans,

• verify the compliance with safeguard measures and their progress toward intended outcomes,

• follow up on these actions to ensure progress toward the desired outcomes, retain qualified and experienced external expert to verify monitoring information for projects with significant impacts and risks,

• Bi-annual reports will be prepared and submitted to ADB

8.2 Monitoring

88. Internal monitoring for RP implementation will be carried out during the entire project period. Regular monitoring of resettlement progress will identify potential difficulties and problem areas. It is a continuous process The ESMD will undertake internal monitoring and reports will be submitted to the PCMC documenting actual achievements against targets fixed and identifying reasons for shortfalls, if any. The indicators for achievement of objectives during RP implementation are of two kinds such as (i) Process Indicators: Indicating project inputs, expenditure, staff deployment, etc. and (ii) Output Indicators: Indicating results in terms of numbers of DPs compensated, restoration of livelihood, rehabilitation of slum dwellers

89. The monitoring will broadly include Input and output indicators related to physical progress of the work such as:

• Census, assets inventories, assessments and socio-economic studies completed • Grievance redress procedures in-place and functionality • Compensation payments disbursed • Relocation of APs completed • Infrastructure rehabilitated or constructed • Income restoration activities initiated • Number of households displaced and resettled,

90. The above indicators will form the basis of the monitoring of RP implementation. A key objective will be to assess whether compensation has been paid as per the entitlement and eligibility and to assess any difficulties arising during the disbursement of compensation. If monitoring documentation done during the first 6 months of RP implementation indicate that

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these objectives are not being achieved, more resources will be allocated for implementation. 91. Additionally, PCMC is required to engage qualified and experienced external expert/qualified NGO to verify the PCMC's monitoring information.

• The external expert will verify the monitoring information generated by the PCMC and will advise on safeguard compliance issues. If they identify any significant involuntary resettlement issues, the PCMC is required to prepare a corrective action plan to address such issues. The external expert with prior experience in resettlement implementation and monitoring will be engaged by the EA. The expert will document: (i) restoration of income levels; (ii) changes and shifts in occupation patterns; (iii) changes in DP type of housing and asset ownership; (iv) performance of the ESMD in resettlement implementation. The expert will monitor the project twice a year and submit reports directly to the EA. The EA will submit all reports to ADB. The broad scope of the external expert are to:

• Assess whether DPs have improved living standards, in terms of income,

housing, ownership of land and material assets; • Monitor schedules and achievement of targets; and • Assess whether social development objectives of the project are achieved.

8.3 Reporting Requirements 92. ESMD will be responsible for supervision and implementation of the RP and will prepare monthly progress reports on resettlement activities and submit to PCMC. PCMC will submit quarterly reports to ADB. The external expert will be responsible for overall monitoring of the subproject and will submit a semi-annual review directly to ADB and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement.

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CHAPTER 9: LAND ACQUISITION AND RESETTLEMENT BUDGET 9.1 General 93. The resettlement cost estimate for this subproject includes eligible compensation, resettlement assistance and support cost for RP implementation. The support cost, which includes staffing requirement, monitoring and evaluation are part of the overall project cost. The unit cost for land has been decided by the existing laws and by the valuation committee with due evaluation by the Land Acquisition Officer. The amount for the compensation of land other assets have been approved by the IA. Other assets and particulars in this budget have been derived through rapid field appraisal, consultation with affected families, relevant local authorities and reference from old practices. Contingency provisions have also been made to take into account variations from this estimate. Some of the features of this R&R cost estimate are outlined below:

• Compensation for land at their replacement value • Compensation for structures (residential/Commercial) and other immovable assets at

their replacement cost • Compensation for crops and trees • Assistance in lieu of the loss of business/ wage income/ employment and livelihood • Assistance for shifting of the structures • Assistance for the documentation and administrative fees • Assistance for vulnerable groups for their livelihood restoration • Cost for implementation of RP

9.2 Compensation 94. Private Agricultural land: The unit rate for agricultural land has been assessed as Rs 500/- per square meter. This has been determined keeping in view the replacement cost and as decided by the SLAO. 95. Residential land: The average unit rate for residential land varies with corridor and the average has been assessed at Rs 1593 per square meter. This has been determined by the PCMC through the appropriate department keeping in view the replacement value. 96. Crop: The unit rate of crop loss has been calculated based on the yield which is Rs. 5.62 per square meter. The compensation for crops is at current market rates. 97. Fruit Bearing Trees: The unit cost per tree is calculated based on its productivity and by multiplying the number of years of its growth. The rate per fruit bearing tree is Rs. 5,000/- 98. Non-Fruit Bearing Trees: The unit cost per tree is calculated based on its market value and by adding the number of years of its growth. The rate per fruit bearing tree is Rs 3000/- 99. Loss of Business (Aundh Ravet): The compensation entitlement for the lost income for a period of 3 months is based on the average of reported business income of the APs that is Rs.20,792. The business activities include godowns of pharmaceuticals, industrial equipment, hardware shops and eateries. The income from business ranges between Rs.18,000 to Rs.23,000 and hence the average is Rs.20,792.

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100. Loss of Business (Squatter settlement): The compensation entitlement for the lost income for a period of 3 months is based on the national daily wage rate Rs.170. The business activities include small eateries, petty business, mechanic and repair shops. Hence, the unit cost for loss of business per household is Rs.15,300. 9.3 Assistance 101. Assistance for Solatium and Interest for Land Acquisition: The unit cost has been as per the provision made in the Land Acquisition Act of India. The unit cost is 42% of the compensation. 102. Documentation fees for titleholders: The unit cost has been derived on a lump sum basis, which is Rs. 10,000/- per affected households as per the standard rate being practiced in the local revenue department for transacting and buying or selling the land. 103. Additional payment for the severely Affected Households (Agriculture) (losing >10% of the productive assets where the remaining area is unviable for further use): The unit rate for agricultural land is Rs.500 per Sq.mt. Acquisition of the entire land holding (remaining land) will be done at the informed interest of the DP. 104. Assistance for Sharecroppers (Agriculture): The compensation entitlement for loss of business has been calculated based on three months average income from agriculture. The monthly income from agriculture reported by the affected people is Rs.5924/- per month and the unit rate per household is Rs.17,772/- 105. Assistance for employee: The unit rate has been derived based on three months national minimum wage rate Rs.170. The unit rate per person is Rs.15,300/-. 106. Training Assistance for Vulnerable Families: Vulnerable households will be given job priority during construction and will be given Income restoration assistance in the form of vocational training and agricultural inputs. The unit rate per person is Rs.5000/- 9.4 Allowance 107. Shifting Allowance: This has been calculated as a lump sum amount Rs.5, 000/- for the severely affected households whose land is unviable for use and for the 45 squatter settlement vendors who will lose their business space. 108. Transitional Allowance: This has been derived based on the Average monthly agricultural income reported by the DPs. The monthly income from agriculture reported by the affected people is Rs.5924/- per month and the unit rate per household is Rs.17,772/- 109. Project Impact Allowance: The unit cost is calculated based on the type of construction. For mud made it is calculated as Rs 25,000, for brick made it is Rs.50,000 and for RCC/Cemented structures it is estimated to be Rs 75,000. 9.4 RP Implementation and Support Cost 110. Resettlement Specialist/Consultant at ESMD: One resettlement specialist will be hired for a period of 12 person months. The unit cost for the resettlement specialist will be Rs. 50,000/- per person-month.

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111. External expert: The unit cost for hiring external expert has been calculated on a lump sum basis at Rs.5,00,000/-. This is based on informal consultation and feedback received from the local staff. 112. Costs will be updated during implementation: Based on the above parameters the resettlement budget has been calculated. 20% of the DPs are expected to opt for TDR. The total amount against TDR is Rs. 9.55 million. The net total amount excluding the TDR is Rs.393.31 million. 15% contingency has been added. The total land acquisition and resettlement cost for the BRTS subproject is estimated to be Rs. 452.31 million Equivalents to USD 9.62 million. The details of total Resettlement budget and costs of all the three corridors are given in Table 9.1.

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Table 9.1: Total Land Acquisition and Resettlement cost and Budget

S.No Item

A Compensation No.of HH Unit Rate per Unit Quantity Total cost

AMOUNT FOR TDR

1 Compensation for land 1.1 Compensation for Agricultural Land 10 Sq.mt 500 5930 29,65,000 5,93,000

1.2 Compensation for residential land 110 Sq.mt 1593 208788 33,26,51,290 6,65,30,258

2 Compensation of crops and trees

2.1 Compensation of crop from lost land 10 Sq.mt 5.62 5930 33,327

2.2 Compensation for fruit bearing trees 22 Number 5000 67 3,35,000

2.3 Compensation of non-fruit bearing trees 17 Number 3000 38 1,14,000

3 Compensation for loss of business incomes

3.1 Compensation for 3 months based on average income

45 Lumpsum 20792 3 28,06,920

3.2 Assistance for loss of business in lieu of compensation for 90 days

45 Lumpsum 170 90 688500

SUB TOTAL A 33,95,94,037

B Assistance

1 Additional Assistance for Land Acquistion (30% Solatium with 12% interest of the compensation) Percentage

14,09,58,842

2,81,91,768

2 Documentation fees for titleholdeers 120 Lumpsum 10000 12,00,000 240000

3 Additional payment for severely affected land(for remaining unviable Agriculture land) 4 Sq.mt 500 1604

8,02,000

4 Assistance for tenant/ Share Cropper (Agriculture) 6 Lumpsum 17,772 1,06,632

5 Assitance for Employee 1 Lumpsum 15,300 15,300

6 Training asssistance for Income rehabilitation 107 Lumpsum 5,000 5,35,000

SUB TOTAL B 14,36,17,774

C Allowance

1 Shifitng allowance 49 Lumpsum 5000 2,45,000

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2 Transitional allowance 4 Lumpsum 17,772 3 2,13,264

3 Project Impact allowance for affected structures

3.1 Mud made 2 Lumpsum 25,000 50,000

3.2 Brick made 9 Lumpsum 50,000 4,50,000

3.3 RCC/Cemented 48 Lumpsum 75,000 36,00,000

SUB TOTAL C 45,58,264

D Support for RP implementation

1 Resettlement Specialist (ESMD) person

month

50,000 12 6,00,000

2 External Monitoring Agency Lump sum 5,00,000 1 5,00,000

SUB TOTAL D 11,00,000

TOTAL (A+B+C+D) 48,88,70,074

Total Amount against TDR 9,55,55,026 4,69,77,590

Net Total Excluding the TDRs 39,33,15,048

Contingency @15 % of the total R&R Cost

5,89,97,257

Grand Total Rs 45,23,12,305

Grand Total Million Rs 452.31

Grand Total Million Dollar 9.62

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Resettlement Budget and cost for Corridor 1: Aundh Ravet

S.No. Item No.of HH Unit

Rate per Unit Quantity Total Cost

AMOUNT FOR TDR

A Compensation

1 Compensation for Land

1.1 Compensation for Agricultural Land 10 Sq.mt 500 5930 29,65,000 5,93,000


2 Compensation for Crops and Trees

2.1 Compensation of crop from lost land 10 Sq.mt 5.62 5930 33,327


2.3 Compensation of non-fruit bearing trees 16 Number 3000 35 1,05,000


3.1 Compensation for 3 months based on average income 45 Lumpsum 20792 3 28,06,920


Sub total A 27,30,15,287

B Assistance

1 Additional Assistance for Land Acquistion (30% Solatium with 12% interest of the compensation) Percentage 42%

11,33,30,717 2,26,66,143

2 Documentation fees for titleholders 99 Lumpsum 10,000 9,90,000 198000

3

Additional payment for severely affected land(for remaining unviable Agriculture land of the affected plot) 4 Sq.mt 500 1604

8,02,000

4 Assistance for tenant/ Share Cropper (Agriculture) 6 Lumpsum 17772 1,06,632

5 Assitance for Employee 1 Lumpsum 15,300 15,300

6 Assitance for loss of business

0 Lumpsum 0 0

7 Training asssistance for Income rehabilitation 6 Lumpsum 5,000 30000

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C SUB TOTAL B 11,52,74,649

Allowance

1 Shifitng allowance 4 Lumpsum 5000 20,000

2 Transitional allowance 4 Lumpsum 17772 3 2,13,264

3 Project Impact allowance

3.1 Mud made 2 Lumpsum 25,000 50,000

3.2 Brick made 8 Lumpsum 50,000 4,00,000



Total (A+B+C) 39,23,48,199 Total Amount against TDR 7,68,31,151


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Resettlement Budget and cost for Corridor 2: Expressway to Bhakti shakti

S.No. Item

A Compensation No.of HH Unit Rate per Unit Quantity Total cost Amount for TDR

1 Compensation for land

1.1 Compensation for Agricultural Land 0 Sq.mt 0 0 - ‐


2 Compensation for crops and trees

2.1 Compensation of crop from lost land 0 Sq.mt 0 0 -


2.3 Compensation of non‐fruit bearing trees 1 Number 3000 3 9,000




Sub total A 6,58,90,250 B Assistance

1 Additional Assistance for Land Acquistion((30% Solatium with 12% interest of the compensation) Percentage 42%

2,76,28,125 55,25,625

2 Documentation fees for titleholdeers 21 Lumpsum 10,000 210000 42000

3 Additional payment for severely affected land(for remaining unviable Agriculture land) 0 Lumpsum 0 0 0

4 Assistance for tenant/ Share Cropper (Agriculture) 0 Lumpsum 0 0

5 Assitance for Employee 0 Lumpsum 0 0

6 Training asssistance for Income rehabilitation 1 Lumpsum 5,000 5000

SUB TOTAL B 2,78,43,125

C Allowance

1 Shifitng allowance 0 Lumpsum 0 0

2 Transitional allowance 0 Lumpsum 0 0 0


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3.1 Mud made 0 lumpsum 25,000 0

3.2 Brick made 1 Lumpsum 50,000 50,000



Total (A+B+C) 9,40,08,375

Total Amount against TDR 1,87,23,875


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Resettlement budget and cost for Corridor 3: Telco Road

S.No. Item

A Compensation No.of HH Unit Rate per Unit Quantity Total cost

1 Compensation for land

1.1 Compensation for Agricultural Land

1.2 Compensation for residential land

2 Compensation of crops and trees

2.1 Compensation of crop from lost land

2.2 Compensation for fruit bearing trees

2.3 Compensation of non‐fruit bearing trees



3.2 Assistance for loss of business in lieu of compensation for 90 days 45 Lumpsum 170 90 688500

Sub total A 688500

B Assistance

1 Additional Assistance for Land Acquistion (30% Solatium with 12% interest of the compensation)

2 Documentation fees for titleholdeers

3 Additional payment for severely affected land(for remaining unviable land for Agriculture)

4 Assistance for tenant/ Share Cropper (Agriculture)

5 Assitance for Employee

6 Training Assistance for Income rehabilitation 100 Lumpsum 5,000 5,00,000

SUB TOTAL B 5,00,000

C Allowance

1 Shifitng allowance 45 Lumpsum 5000 2,25,000

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2 Transitional allowance



Total (A+B+C) 14,13,500

Total Amount against TDR 0

Net Total Excluding the TDRs 14,13,500

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9.5 Source of Financing 113. The PCMC will ensure allocation of funds and availability of resources for compensation and assistance to the affected households and for smooth implementation of the subproject R&R activities. PCMC will plan in advance in its budget to keep this cost for the R&R activities. In case of over-run of resettlement cost during the implementation, PCMC will provide additional funds as required in a timely manner.

RSC‐C91612 (IND): Developing Bus Rapid Transit System (BRTS) in the Pimpri Chinchwad City

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CHAPTER 10: IMPLEMENTATION SCHEDULE 10.1 General 114. The implementation schedule for resettlement plan will be scheduled as per the overall sub project implementation. All activities related to the land acquisition and resettlement must be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, international monitoring and grievance redress will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. As part of advance actions, PCMC will establish the ESMD, GRC, and initiate the resettlement implementation. The proposed subproject R&R activities are divided in to three broad categories based on the stages of work and process of implementation. The details of activities involved in these three phases are project preparation phase and RP implementation phase, Monitoring and Evaluation phase. 10.2 Project Preparatory Stage (Pre-Implementation Stage) 115. Setting up relevant institutions for the resettlement activities will be the major task during the preparatory stage which is pre implementation phase. The major activities to be performed in this period include establishment of ESMD and additionally, the GRC needs to be appointed at this stage.

10.3 RP Implementation Stage 116. The RP, at this stage, needs to be approved by ADB and will be disclosed to the DPs. Upon the approval of RP, all the arrangements for fixing the compensation and the disbursement needs to be done which includes payment of all eligible assistance; relocation of DPs; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction and finally commencement of the civil work. Considering the lengthy and time taking process for land acquisition, this step has been taken by the PCMC in advance which is being followed as per the LAA Act. However, the resettlement and rehabilitation fund will be monitored as part of the RP implementation at this stage. 117. Internal monitoring will be the responsibility of PCMC in general and ESMD in particular which will start early during the project when implementation of RP starts and will continue till the completion of the implementation of RP. The external expert/qualified NGO will be responsible for carrying out the monitoring on half yearly basis.

10.4 Implementation Schedule

118. A composite implementation schedule for R&R activities in the subproject including various sub tasks and time line matching with civil work schedule is prepared and presented in Table: 10.1.


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Table 10.1: Implementation Schedule

2009 2010 2011

1 2 3 4 1 2 3 4 1 2 Subproject R&R Component/Activities Jan-Mar

Apr-Jun

Jul-Sep

Oct-Dec

Jan-Mar

Apr-Jun

Jul-Sep

Oct-Dec

Jan-Mar

Apr-Jun

A. Project Preparation Phase (Pre Implementation) Identification of sub project and completion of detailed technical design

Identification of required land for acquisition Census and Socio-Economic Survey Community Consultation

Preparation of Draft Resettlement Plan Submission of Draft RP for ADB Review Submission of Revised RP for ADB Review/approval

Disclosure of RP Appointment of SLAO Establishment of ESMD Establishment of GRC B. RP Implementation Issue compensation to APs for land acquisition

Payment of all eligible assistance Shifting of Slums Schedule for Civil Work

C. Monitoring and Reporting Monitoring

Submission of Monitoring Report


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ANNEXURE 1

Census Questionnaire for survey of Land Losers/ Property Inventory (LAND HOLDERS)

1. Questionnaire No: Left or Right___________ Date: ........................

2. Name of the Site: ___________________

3. Name of the Place (s)/Village /(s): ___________________

4. Plot No. -----------------

5. District: ___________________

6. State: ___________________

7. Name of the Land Holder .................................................

8. Father’s Name .......................................................

9. Social Category

1. General 2. SC 3. ST…… 4. OBC. 5. Other (Specify)………

10. Number of family members Total…………Male………Female……….

11. Number of family members above 18 years

1. Son…………2. Unmarried daughter…………3. Divorcee/widowed daughter…………...

4. Others…………5. Total…………….

12. Is it a woman headed household?

1. Yes 2. No

13. Is it a household owned by physically handicapped?

1. Yes 2. No

14. Ownership of the Land

1. Private 2. Government 3. Religious 4. Community 5. Others

15. Type of Land

1. Irrigated 2. Non-Irrigated 3. Barren 4. Fallow 5. Forest

16. Use of Land

1.Cultivation 2. Orchard 3. Residential 4. Commercial

5. Forestation 6. Others 7. No Use

17. Total Area of the Land/ Plot (Incase a portion of the land/ plot to be acquired/affected) (in gunta) ...........................

18. Area to be Acquired / Affected Land (in gunta) ......................

19.A. Total land holding………………….

20. Rate of the Land (Per gunta)


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1. Market Rate (Rs.)...............………. 2. Government Rate (Rs.)..............................

21. Any of the following person associated with the Land

A. Agricultural Labour 1. Yes 2. No

B. Sub‐ Tenant 1. Yes 2. No

C. Share‐Croppers 1. Yes 2. No

22. If yes, name of the agricultural Labour/Sub‐Tenant/ Share‐Croppers

A. .................................................................................

B ................................................................................

C. .................................................................................

D. .................................................................................

23. Any structure in the Affected Land 1. Yes........ 2.No..........

24. Area of the affected structure (in Square Meter) …………………..

25. How many storied……….

26. Can remaining be usable or unsuable…………

27. Does it have a legal permission……..

28. Type of Structure

1. Temporary 2. Semi-Permanent 3. Permanent

29. Use of the Structure

1. Residential 2. Commercial 3. Residential –cum-commercial 4. Others ……………

30. Age of the structure (Years)…………………….

31. Market Value of the Structure (in Rs..)............................

32. Number of trees within the affected area

1. Total………………2. Fruit Bearing………3. Non-fruit Bearing…………4. Timber……………..

33. Main Occupation of the Head of the Household (Main Source of Income)

1. Agriculture 2. Commercial /business 3. Service Holder 4. Others (Specify)…………

34. Total Annual income of the family (Rs.)………….

35. How much you earn (Total Annual Income) from the affected Land / land to be acquired (Rs.)

…………………………..


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ANNEXURE 2:

SOCIO-ECONOMIC QUESTIONNAIRE FOR HOUSEHOLDS SURVEY Questionnaire No…………………

1. GENERAL IDENTIFICATION

1.1. Name of the Project Site ……………………………………..

1.2. Address a. Village/Town: ……………………………….

b. District: ………………………………………

c. State: ……………………………………

1.3. Settlement Type: 1 Rural 2 Semi- Urban 3 Urban

1.4. Distance from the district center (Km) …………………………

1.5. Distance from State centre (Km) …………………………..

Identification Sheet 1.6. Name of the Respondent __________________________________________

1.7. Sex of the Respondent 01. Male 02. Female

|__|__|

1.8. Age in complete years |__|__|

1.9. Education of the Respondent 01. Illiterate 02. Non Formal Education 03. Primary (Std. 1 to 5) 04. Upper Primary (Std. 6-8) 05. Secondary (Std. 9-10) 06. Higher Secondary (Std. 11 to 12) 07. Technical Education 08. Graduate / Above Graduation 77. Other _______________

|__|__|

1.10. Occupation of the Respondent 01. Government job 02. Private job 03. NGO job 04. Self employed / business 05. Daily wage earner 06. Retired 07. Farming/agriculture 08. Un-employed 09. House wife 10. Student 77. Others _______________

|__|__|

1.11. Religion of the household 01. Hindu 02. Muslim 03. Christian 04. Sikh 77. Others _______________

|__|__|

1.12. Social background of the household 01. General 02. OBC 03. SC 04. ST 77. Others _______________

|__|__|

1.13. Types of family 01. Nuclear 02. Joint 03. Joint extended |__|__| 1.14. Types of house 01. Pucca 02. Kutcha/Juggi 03. Semi kutcha/ pucca

|__|__|


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2. HOUSEHOLD PROFILE: Household composition: Household members include those who live in the dwelling and share the same kitchen. (Include those who have temporarily migrated for less than 6 months and do not include guests).

2.1 2.2 2.3 2.4 2.5 2.6 2.7 Line No. Name

Sex Code 01 Male 02 Female

Age in complete

years

Marital status (Refer codes)

Relationship with head of the HH (Refer codes)

Level of education completed/ studying

(Refer codes)

Primary occupation (Refer codes)

1

2 3 4 5 6 7 8 9 10 11 12

Codes for 2.4 Codes for 2.5 Codes for 2.6 Codes for 2.7 01. Married 02. Unmarried 03. Divorced 04. Separated 05. Widowed

01. Head 02. Wife or Husband 03. Son or Daughter 04. Son-in-law or Daughter-in-law 05. Grand child 06. Parent 07. Wife’s relative 08. Brother or Sister 09. Niece or Nephew 10. Not related 77. Other, specify _______________

01 Illiterate 02. Literate but no formal education 03. Nursery 04. Primary (std. 1 to 5) 05. Upper primary (std. 6 to 8) 06. Secondary (std. 9 to 10) 07. Senior secondary (std. 11 to 12) 08. Graduate & more 09. Diploma/ Technical /ITI 10. Professional degrees (Er./MBBS/MBA) 11. Never enrolled (Only for children 5 to 6 years) 77. Other, specify_________ 88. Not Applicable (children less than 5 years)

01. Government job 02. Private job 03. NGO job 04. Self employed / business 05. Daily wage earner 06. Retired 07. Farming / agriculture 08. Un-employed 09. House wife 10. Student 77. Other, specify__________ 88. Not applicable


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3. ECONOMIC ACTIVITY OF HOUSEHOLDS 3.1. Does your family belong to BPL? 1. Yes 2. No 3.2. What type of ration card do you have? 1. APL Card 2. BPL Card 3. None 3.3. What are the main economic activities of household?

Sl No Type of Activities 1. Yes 2. No

1 Service in Govt. Sector

2 Service in Pvt. Sector

3 Business /trading /small enterprise

4 Daily wages

5 Professional Work (Doctor, Lawyers, other consultants)

6 Income from Agriculture (If any)

7 Real estate / House rent

8 Others (Specify)……………….

4. ANNUAL INCOME

4.1. Please tell me the number of male earning members in your family ________

4.2. Please tell me the number of female earning members in your family ________

4.3. What are your annual incomes from different sources?

Sl. No. Source Income ( Rs) 1 Service in Govt. Sector

2 Service in Pvt. Sector

3 Business /trading /small enterprise

4 Daily wages

5 Professional Work (Doctor, Lawyers, other consultants)

6 Income from Agriculture (If any)

7 Real estate / House rent

8 Others (Specify)……………….

5. CONSUMPTION PATTERN

Kindly indicate the consumption/expenditure on different items in last one year.

Expenditure (Rs) Sl. No. Particulars / Source Monthly Annual

1 Food 2 Transportation 3 Clothing 4 Health 5 Education 6 Communication


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7 Social functions

8 Agriculture (such as seeds, hiring of farm implements etc.)

9 Consumption of fuel for household 10 Electric Bill 11 Entertainment 12 Others (Specify) 13 Grand total (1-11)

6. POSSESSION OF DURABLE CONSUMER ITEMS:

Do you possess following items?

Sl. No. Items 1. Yes 2. No 1 Radio 2 Bicycle 3 Television 5 Sewing machine 6 Electric fan 7 Telephone mobile 8 L.P.G Connection/ Gas Cylinder 9 Computer

10 Refrigerator 11 Washing Machine 12 Motor cycle/Scooter 13 Car 14 Air Conditioner

7. INDEBTEDNESS (Rs)

7.1. Do you have debt or loan? 1. Yes 2. No

7.2. Are you willing to tell us how much it is? 1. Yes 2. No

7.3. If yes please indicate the amount of money you burrowed during last one year (In Rs.) Rs.______________

7.4 What was the money used for?

Sl. No. Items 1. Yes 2. No 1 Meeting the medical expenses 2 To repay debts 3 On food 4 On education 5 To start/upgrade business 6 Helping relatives 7 Improvement in house 8 Social obligation (Marriage/rituals/ funerals) 9 Religious visit


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10 To purchase Durable/Non consumable goods 11 To meet the daily Expenses 12 Others specify__________________

7.5. To whom do you owe the money? Sl. No. Items 1. Yes 2. No

1 Banks 2 Local /private money lender 3 Shopkeeper/traders 4 NGO /Self Help Group (SHG) 5 Relative/friends 6 Chit Fund/Committee 7 Government 8 Others specify

7.6. Do you manage to make your repayments on time? 1. Yes 2. No

8. HEALTH STATUS

8.1. If someone falls sick in your family where does he/she go for consultation or treatment?

1. Private Doctor/Clinic 2. Government Doctors/Health Centres 3.NGO run health centre 4. Registered Medical Practitioners 5. Others (Please specify) ____________

8.2. Was any member of your family affected by any major illness in last six months? 1 Yes 2 No

8.3. If 'Yes', please indicate the details

No. of Cases

Type of disease/ illness 1. Respiratory 2. Skin 3. Gastro-intestinal 4. Fever 5. General (unclassified) 6.Dental/oral 7. Musculo-skeletal 8. Diabetes, hypertension, stroke, heart disease (Non-communicable diseases, NCD) 9. Ear, Nose, Throat (ENT) 10. Urinary Tract 11. Injuries 12. Others specify

Treatment Taken 1. Allopathic 2. Homeopathic 3. Herbal 4. Traditional 5.No treatment

11. MIGRATION

9.1. Does any family member migrate for work? 1 Yes 2 No

9.2. If 'Yes', for how many months in a year………………..…

9.3. Where do you migrate mostly? 1. Outside the District 2. Outside the State. 3. Other

9.4. What kind of job do you undertake?


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1. Agricultural Labour 2. Non Agricultural Labour 3.Trade & Business 4. Others (Specify)

9.5. How much do you earn per month? ………………………....

9.6. Trend of Migration 1. Once in a year 2. Twice in a year 3. Every alternative year 4. Once in every three years 5. No regular interval/as and when required

9.7. At what time of the year do you migrate? 1 Summer 2 Winter 3 Rainy Season

10. STATUS OF WOMEN

10.1. Does your female member have any say, in decision making of household matters? 1. Yes 2. No

10.2. If 'Yes, give the following details?

Sl.No. Issues 1 Yes 2 No

1 Financial matters 2 Education of child 3 Health care of child 4 Purchase of assets 5 Day to day activities 6 On social functions and marriages 7 Others………

11. AMENITIES

11.1. Source of Drinking Water: 1. Piped-water supply 2. Spring 3. Well 4. Stream

5. Tube wells 6. Others

11.2. Type of Toilet: 1. Flush toilet 2. Latrine 3. Bushes/open land

11.3. Fuel for Heating: 1. Electricity 2. Wood 3.Gas 4.Diesel/Kerosene 5. Solar

11.4. Do you have a separate room for kitchen? 1. Yes 2. No

12. STRUCTURE/ BUILDING INFORMATION

12.1. Use of Structure 1. Residential. 2. Commercial 3. Residential- cum- Commercial. 4. Other

12.2. Age of the Structure (In years)……………..

12.3. Type of Construction 1 Mud made 2 Brick made 3 Cemented 4 Thatched 5 Wooden 6.Others……….

12.4. Distance from the project site (Km): ……………………..

12.5. Type of Structure 1Temporary 2 Semi Permanent 3 Permanent

12.6. How many rooms are there in your house? ……………………..

12.7. How many rooms are lighted in your house? ……………………


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Annexure 3: Table 4.1: Comparison matrix Of ADB Involuntary Resettlement Policy and national and state policies

Sl. No.

ADB’s Involuntary Resettlement Policy

Principles

Land Acquisition Act (LAA), 1894

National Rehabilitation and

Resettlement Policy(NRRP), 2007

The Maharashtra Project Affected

Persons Rehabilitation

Act(MPAPRA), 2001

The Maharashtra Regional and Town

Planning Act (MRTPA), 1966

Remarks

1 Involuntary resettlement should be avoided where feasible

LAA is applicable wherever private land is to be acquired by Government for public purpose

This principle is equally emphasized under NRRP 2007

The MPAPRA does not address this issues

The MRTPA does not address this issues

NRRP 2007 meets ADB IR Policy requirements

2 Where population displacement is unavoidable, it should be minimized by exploring all viable project options

LAA does not address this component.

NRRP 2007 aims to minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives (refer Para 2.1a)

The MPAPRA does not address this issues

The MRTPA does not address this issues


3 Affected individuals, families or a community will be compensated and assisted through replacement of lost assets, so that their economic and social circumstances will be

Replacement value is not clearly identified in LAA.

Loss of assets to be compensated to the extent of actual loss (refer Para 7.2 and Para 7.4.1)

The MPAPRA provides only the compensation to the titleholders and does not deal with any assistance. The compensation is paid as per the current market rate of the

The MRTPA provides only the compensation to the titleholders and does not deal with any assistance. The compensation is paid as per the current market rate of the

NRRP 2007 meets ADB IR Policy.


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at least restored to the pre-project level

land/assets. land/assets.

4 All compensation should be based on the principle of replacement cost

Replacement value is not clearly identified in LAA.

The compensation award shall take into account the market value of the property being acquired (refer Para 6.22b)

The Maharashtra Policy does not exactly talk about the replacement value rather it talks about the current market rate which is almost close to the replacement value

The MRTPA is concerned with the market value which is valid during the time of notification.

NRRP 2007 meets ADB IR Policy requirements.

5 Each involuntary resettlement is conceived and executed as part of the development project or program

LAA only deals with the land acquisition and does not cover the resettlement issues.

NRRP 2007 emphasizes to integrate rehabilitation concerns into the development planning and implementation process (refer Para 2.1e)

Not defined clearly The MRTPA does not deal with this issue clearly.


6 Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and

LAA does not address this component

NRRP 2007 ensure adequate rehabilitation package and expeditious implementation of the

No provision is made under this policy

This is not clearly defined under MRTPA. However, MRTPA deals with the direct negotiation of the people for



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socioeconomic rehabilitation

rehabilitation process with the consultation and active participation of the affected families (refer Para 2.1b )

acquisition of land if the owner is ready to go for direct negotiation.

7 All displaced families should be assisted for relocation by providing relocation sites with appropriate facilities and services


In all cases of involuntary resettlement all affected families shall be provided basic infrastructural facilities and amenities at the resettlement site (refer Para 7.22.1 and Para 7.22.2)

This provision is made under the MPAPRA

MRTPA considers this provision through by taking in to account Floor Space Index (FSI) or Transferable Development Rights (TDR)


8 Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation

LAA does not address the disclosure of resettlement documents. The disclosure under LAA is meant for the notification under section 4 of LAA.

NRRP 2007 ensure this principle (refer point 6 above) also refer Para 6.14.1, Para 6.14.3)

No provision is made under this policy

No provision is made under MRTPA



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options

9 Grievance redress mechanisms for affected people are to be established

There is no such grievance redress committee formed under the LAA.

Project involving involuntary resettlement needs to have Grievance redress mechanisms for affected people (refer Para 8.1.1 and Para 8.3.4)

The grievance redress mechanism under this policy is as per the LAA and it does not have any specific committee for that.

The grievance redress mechanism under MRPTA is as per the LAA and it does not have any specific committee for that.


10 Social and cultural institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported


This is emphasized in the policy (refer Para 6.10, Para 7.21.6)

Adequate relocation provisions have been made in the policy which complies with other policies too.

This item is not so clearly defined under MRPTA.


11 The absence of a formal legal title to land is not a bar to ADB policy entitlements

LAA does not recognize the non-title holders

NRRP 2007 fully recognizes the non-titleholder families and ensure R&R benefits (refer Para 3.1.b.iii)

The Maharashtra Policy does not provide any entitlements to the non title holders and does not even recognise them.

The MRPTA does not deal with non-titleholders/illegal possessors.

NRRP 2007 meets ADB IR Policy requirements.

12 The resettlement planning documents will, in each case,


NRRP 2007 equally emphasized the need to identify the

This is not specified in the policy

The MRTPA does not deal with this aspect.



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define the poorest and vulnerable groups

vulnerable people in R&R plan (refer Par 6.4.v)

13 When significant indigenous peoples or ethnic minority issues are identified special attention will be paid to exploring viable alternative designs that will reduce or eliminate such impacts


This is equally emphasized in the NRRP 2007


This is not specified in MRTPA


14 In case of significant impacts of IP, an Indigenous Peoples Development Plan may be required in addition to a resettlement plan.


where the Scheduled Tribes people are being displaced in sizeable numbers, a well thought out Tribal Development Plan must be put in place (refer Par 1.5)




15 The full resettlement costs are to be included in the presentation of project costs and benefits


NRRP 2007 ensure that the entire estimated cost of rehabilitation and resettlement benefits and other

This has been one of the components under the policy and it takes the resettlement cost as part of the overall

This is not clearly defined.



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expenditure for rehabilitation and resettlement of the affected families is communicated to the requiring body for incorporation in the project cost (refer Para 6.16)

project cost.

16 For all development interventions that involve Involuntary Resettlement, a satisfactory and detailed resettlement plan will be prepared by the government or sponsor


NRRP-2007 emphasized the need to prepare R&R Plan (refer Para 3.1.t and Para 5.1)




17 Resettlement plans will be prepared with appropriate time bound actions and budgets.


NRRP 2007 ensure preparation of resettlement planning document (refer Para 5.1, Para 6.14.2 and Para 7.22.2)




18 Social preparation and payment of compensation should


Full payment of compensation as well as adequate

This provision complies with other polices.

This is not clearly defined under MRTPA



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precede actual displacement.

progress in resettlement shall be ensured in advance of the actual displacement of the affected families (refer Para 6.22.a)


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ANNEXURE 4: RESETTLEMENT INFORMATION LEAFLET

A. Introduction and Project Background

This is an information leaflet prepared for sharing the information on land acquisition and resettlement of the project, “Developing Bus Rapid Transit System (BRTS) in the Pimpri Chinchwad City” which is proposed to be financed by the Asian Development Bank. Pimpri Chinchwad Municipal Corporation (PCMC) will be the Implementing agency having the lead responsibility for road construction, as well as the implementation of the Land Acquisition and Resettlement Plan. The three corridors covered under the project are, Aundh Ravet road, Telco Road and Expressway to Bhakti Shakti road which are proposed to be funded by Asian Development Bank. These corridors will provide important linkages to fast-developing areas and will also substantially optimize the traffic flow in the city. The length of the Aundh Ravet corridor is 14.35 kms, 8.40 kms for Telco road and 5.30 kms for Expressway to Bhakti Shakti corridor.

B. Legal Policy, Eligibility and Entitlement

The policy framework and entitlements for the sub project are based on national laws: The Land Acquisition Act, 1894 (LAA, amended in 1984) and The National Rehabilitation and Resettlement Policy, 2007 (NRRP); The Maharashtra Project Affected Persons Rehabilitation Act, 1999’ as modified up to 2006; ADB’s Safeguard Policy Statement (2009) and ADB’s other safeguards policies. APs entitled for compensation and rehabilitation are (i) DPs losing land and other assets with legal title/traditional land rights will be compensated, and DPs will be rehabilitated (ii) tenants; (iii) owners of buildings, crops, plants, or other objects attached to the land; and (iv) DPs losing business, income, and salaries. Compensation eligibility is limited by a cut-off date as set for the Project on the day of the DP census survey (June-July, 2009). DPs who settle in the affected areas after the cut-off date will not be eligible for compensation and/or other assistance. They, however, will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to Project implementation.

1. Under the Maharashtra Regional Town Planning Act, sec 13 to 20 provisions for Regional Plan, the land use has been demarcated and all the development is controlled and monitored against this Regional Plan. The last Regional Plan published20 in 1990 and sanctioned21 in 1997 was widely disseminated and as per this Regional Plan, the ROW 45 mtrs was demarcated and any construction within the demarcated area without the permission from any competent authority is considered illegal. The BRT corridor of Aundh Ravet (ROW 45 mtrs) cuts across the Tathwade village. For this village, the Regional plan was applicable till about August 2009 and now the new DP published22 in 2000 and sanctioned in August 2009 is applicable. This village has many structures built within the ROW. All these structures have no legal permission for construction from competent authority (Collector) and hence considered as illegal. Similarly, sec 21 to 30 provisions for Development plan23 is the area under the jurisdiction of PCMC and PCNTDA24 (Pimpri Chinchwad New Town Development Authority). This DP was

20 Date of published Regional Plan for Pune District 21.5.1990 21 REGIONAL PLAN FOR PUNE DISTRICT – NOTIFICATRION NUMBER TPS1895/227/PN‐26/95/UD‐13 (25/11/1997) 22 Date of published Draft DP for PCMC new Village 5.10.2000 23 PCMC OLD AREA DP SANCTION NOTIFICATION NUMBER TPS/1893/1276/CR/174/93/UD‐13 (18/09/1995) 24 PCNTDA NOTIFICATION NUMBER TPS/1893/1412/UD‐13 ON 28TH NOV 1995


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prepared25 in 1991 and sanctioned in 1995 was widely disseminated. After the DP was prepared and sanctioned, there were many people who build structures within the ROW (45 mtrs). Any construction within the ROW is considered as illegal as per the DP. Hence, these structures will not be entitled for any compensation. No structures were built before 1990 on these corridors covered by census and therefore, not entitled to compensation. PCMC did not pay any compensation for illegally built structures and the practice is acceptable as it is fully in conformity with the provisions of the LA Act 1894.

The entitlement matrix for the project is described in the following Table.

25 Date of published Draft DP for PCMC old limit 28.6.1991


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Entitlement Matrix Type of Loss Application Definition of Entitled


Legal titleholders/owners










Tenant/leaseholder/ Share Cropper

• Assistance for lost income for a period of 3 months as transitional allowance.



• PCMC will directly give the balance lease amount to the tenants/leaseholders/share cropper in accordance with the contract agreement deducted from the compensation given to the owner.


Severely Affected Households (losing >10% of the productive assets) Severe impact on DPs livelihood

Owners



• Shifting allowance • Compensation for loss of income during

transition period for 3 months • Income rehabilitation assistance (training/

agricultural inputs) • Additional compensation for vulnerable

households.





•



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2. Residential Land


Legal titleholders (owners)


cost in cash/TDR.







owners27

• If the structure is built without permission from competent authorities, the APs will not be entitled to any compensation for the affected structures, affected partially or entirely. However, the DPs will be entitled to salvage building material and will be provided with ‘Project Impact Allowance’ varying with the type of construction in keeping with the principle of replacement cost...

• PCMC will pay to the APs special project impact allowance in lieu of compensation for affected structures

PCMC and other concerned department will verify The project impact allowance.

illegal(unregistered business)(Telco road)

• Compensation for loss of income during transition period of 3 months based on the national daily wage rate

• Shifting allowance • Priority in the allocation of hawkers

zone/market zone



Affected businesses(|Aundh Ravet)

• Compensation for the loss of income during transition period for 3 months

4. Livelihood



• Assistance for lost income based on the 3 months minimum wage




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labor 5. Trees Fruit Bearing


Legal title holder/tenant/leaseholder/non-titled DP






1.Owners • Notice to harvest standing seasonal crops • Compensation of crops according to

market values





6. Crops Crops

2. Share cropper • Notice to harvest standing seasonal crops • The compensation for the crop will be




• PCMC will directly give the compensation amount to the share cropper and owner in accordance with the contract agreement deducted from the compensation given to the owner.

PCMC through SLAO and appropriate department will ensure provision of notice. PCMC will undertake valuation of standing crops, perennial crops and finalize compensation rates in consultation with DPs


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8.Impacts on vulnerable DPs

All impacts Vulnerable APs ( WHH, Below Poverty Line HH households)





Shifting allowance

All relocating DPs • Allowance


All relocating DPs • Transitional allowance for a period of 3 months

9. Allowances


Partial loss of structures built without permission

• Project Impact Allowance



-



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D. Complaints and Grievance Redress Mechanism

A grievance mechanism will be available to allow an AP appealing any disagreeable decision, practice or activity arising from land or other assets compensation. APs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, survey, and time of compensation. Complaint & Grievances will be addressed through the following process. Other than disputes relating to ownership rights under the court of law, GRC will review grievances involving all resettlement benefits, compensation, relocation, replacement cost and other assistance. When any grievance is brought to the field level staff, it should be resolved within 15 days from the date of complaint. The GRC will meet every month (if grievances are brought to the Committee), determine the merit of each grievance, and resolve grievances within a month of receiving the complaint—failing which the grievance will be referred to appropriate court of Law for redressal.


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ANNEXURE 5

DUE DILIGENCE REPORT ON SOCIAL SAFEGUARDS

AUGUST 2009

India: RSC-C80937 (IND): Public Private Partnerships

PIMPRI CHINCHWAD MUNICIPAL CORPORATION


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A. INTRODUCTION AND PROJECT DESCRIPTION

Pimpri Chinchwad Municipal Corporation (PCMC) is developing a network of 130km-long bus-based mass transit road corridors across Pimpri Chinchwad City based on its comprehensive mobility plan. Each of these corridors is composed of a pair of dedicated Bus Rapid Transit System (BRTS) lanes and associated networks of sidewalks and bike lanes, which are comprehensively designed as a multi-modal transport system. Pedestrians and cyclists will, therefore, benefit not only from the use of the BRTS as the passengers but also from safer and more convenient access to and from the BRTS stops. Necessary other infrastructure will also be provided to ensure urban amenities to support high population densities along the BRTS corridors. Through planned, pre-empting investments in this project, PCMC intends to catalyze more orderly and efficient spatial development towards a “compact city” and improvement of the overall mobility, which is a fundamental departure from the inefficient old retrofitting approach of merely trying to catch up with uncontrolled rapid urban sprawl. The BRTS of Pimpri Chinchwad City is expected to be integrated with the similar BRTS of the neighbouring Pune City, which will soon be developed. A joint company between the two cities has already been set up which will be responsible for the provision of the bus services operating on these routes eventually and the pilot services of Pimpri will eventually be subsumed into this integrated company. The PCMC is keen to develop funding options for the project including from ADB’s non sovereign loan window as well as potentially from the private sector, through certain sub components (e.g. bus terminals) being included in a Public Private Partnership (PPP) structure. The project consists of three corridors: Aundh Ravet, Expressway to Bhakti Shakti corridor and Telco Road. There is a total of 94.39 hectares (Ha) of land required in all the 3 corridors. Out of this, the total private land required for all the 3 corridors is 33.79 Ha and the remaining 61.60 ha is government land. Out of the total of 33.79 hectares of private land required for acquisition for all the three corridors, around 11.34 hectares of land has already been acquired by PCMC and the compensation for land to the affected people has already been disbursed. This Due Diligence report is prepared for the 11.34 ha of land which has already been acquired by PCMC. The basic objective is to assess the impact and validate the data from PCMC regarding the impacts, payments, compensations, etc.

The due diligence is based on the discussions carried out with concerned officials’ of PCMC, SLAO responsible for LA process. Additionally, a random survey of the affected people (for whom the LA is completed) was carried out in order to gather the information related to the LA process and disbursement of compensation, assistance, etc. Additionally, informal public consultations were conducted of in some of the project areas.

Table 1: Details of Land Acquisition


Total Private land

Land Acquired and is in possession of PCMC

Land yet to be acquired

1 Aundh Ravet 17.4 6.47 10.93

2 Expressway to Bhakti Shakti

15.32 4.80 10.52

3 Telco Road 0.07 0.07 0

Total 32.79 11.34 21.45


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B. RESETTLEMENT IMPACT

As per the PCMC records, families were affected by loss of land and/or structure due to the sub project. The summary of resettlement impacts in the subproject is presented in Table: 1.

Table: 1 Summary Subproject Resettlement Impacts

Type of Impact Number of Households

Area(ha)

Households lost residential land 239 8.62

Households lost residential land and structures

157 2.72

Non title holders(Squatters and vendors)

178

Total 574 11.34

Out of 574 project affected families there are 239 families who lost the residential land which had no buildings constructed on it. The DP29 prepared in 1991 and sanctioned in 1995 clearly demarcates the ROW of the BRT corridor and any construction built within the ROW after the DP is published with no legal permission from any authorities and is considered illegal. There are 157 structures which were built within the ROW and hence these households were not entitled for any compensation against the structures as they were built after the DP publication. Many owners were aware of the restrictions and provisions made in the DP as the DP is widely disseminated and thus did not do any construction within the ROW. As per the LAA 1894, Compensation for land and improvements (such as houses, wells, trees, etc.) is paid in cash by the project authorities to the State Government, which in turn compensates landowners. There are 178 squatters and vendors who were doing small business activities such as mechanic and repair works, small eateries, and so on. The structures were unauthorized and hence they were not entitled to any compensation as per the LAA and local laws. However, they were given a shifting allowance of Rs, 2000 per HH and these will be entitled to relocation to the new market areas that are being developed under hawker policy. C. ACTS, LAWS AND POLICIES ADOPTED FOR THE LAND ACQUISITION

1. Land Acquisition Act, 1894 amended 1984, (LAA) 2. Maharashtra Regional Town Planning Act 1966, (MRTP Act)

1. The LAA provides a framework for facilitating land acquisition in India. State Govt will acquire the land on behalf of implementing agency. A Special Land Acquisition Officer is appointed from the State govt to regulate between PCMC and the Project Affected People.LAA enables the State Government to acquire private land for public purposes. Compensation for land title holders and improvements (such as houses,

29 PCMC OLD AREA DP SACNCTION NOTIFICATION NUMBER TPS/1893/1276 /CR/174/93/UD‐13 (18/09/1995)


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wells, trees, etc.) is paid in cash by the project authorities to the State Government, which in turn compensates landowners.

2. Under the Maharashtra Regional Town Planning Act, sec 13 to 20 provisions for

Regional Plan, the land use has been demarcated and all the Development is controlled and monitored against this Regional Plan. The last Regional plan30 sanctioned in 1997 was widely disseminated and as per this Regional plan, the BRT corridor was demarcated and any construction within the demarcated area would be considered illegal. All these structures have no legal permission for construction from any authority. Similarly, sec 21 to 30 provisions for Development plan31 is the area under the jurisdiction of PCMC and PCNTDA32 (Pimpri Chinchwad New Town Development Authority). This DP was sanctioned in 1995 and was widely disseminated. Any construction within the ROW is considered as illegal as per the DP and these structures do not have any have no legal permission to build. Hence, these structures will not be entitled for any compensation. Under MRTPA, sec 52 to 58 is applicable for unauthorized development and the section demands removal of these structures without any compensation. All these structures come under this section.

The basic criteria and policy for eligibility and entitlements for compensation to the affected people for the land that has been acquired and is in possession of PCMC are in accordance to the LAA 1894 and regional and local laws such as MRTPA Act 1966 as described above. D. Due Diligence Survey A random survey was conducted in the three corridors where the LA has been completed and the compensation is disbursed. Consultations and individual interviews were conducted with the APs in few of the spots. A total of 130 private land owners were contacted during the survey to assess the LA process and disbursements of compensation and assistance and to check accuracy and validity of the data obtained from the office.

1. Compensations 1.1 Land

During the survey, there are 13 households who reported to have opted for TDR/FSI for the affected land in Thergaon. These are all partially affected households and the remaining land is viable for continued use and hence they continue to live there. As per LAA 1894, land is acquired by state govt and transferred to PCMC on 29-03- 2006. In Aundh Ravet corridor, in the stretch between Khalewadi Phata to Dange chowk, the payments and the compensation is in progress. The money has already been transferred from PCMC to state govt (SLAO) and the state govt has to disburse the compensation amount to the affected people. The people in Thergaon have lost their lands partly and are living in the remaining viable land. Those people who have not received the compensation are those people whose name does not reflect on the land records. The legal titleholders were paid compensation for their loss of land and the improvements (house, wells, business, etc) attached to is as per LAA.

30 REGIONAL PLAN FOR PUNE DISTRICT – NOTIFICATRION NUMBER TPS1895/227/PN‐26/95/UD‐13 (25/11/1997) 31 PCMC OLD AREA DP SANCTION NOTIFICATION NUMBER TPS/1893/1276/CR/174/93/UD‐13 (18/09/1995) 32 PCNTDA NOTIFICATION NUMBER TPS/1893/1412/UD‐13 ON 28TH NOV 1995


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1.2 Structures

A total of 157 structures are affected. On the Aundh Ravet corridor, in Thergaon, households reported to not have got any compensation for the loss of the structures. These were partially affected structures. When verified, the structures were constructed after the DP was prepared and sanctioned. The DP does not permit any construction within the ROW and hence the structures are not entitled for any compensation. All the 80 structures did not have legal permission from any authority and hence they are considered as illegal construction. The compensation for land included compensation for all the improvements on the land in accordance with the provisions of the LA Act. The MRPTA does not deal with non-titleholders/illegal possessors. However, poor and vulnerable households affected by loss of structures would be given low-cost housing.

2. Assistance for Squatters/Vendors

There are 178 vendors who were affected. They have been operating their small petty business in unauthorised temporary structures which were built within the ROW. All these people were issued notice to move from that place and they have been given a shifting allowance of Rs.2000 per household to move to a different location. The MRPTA does not deal with non-titleholders/illegal possessors. However, these will be incorporated in the relocation to new market areas under the hawkers’ policy.

The following table shows the total compensation amount for the project affected people where the LA is over.

Table 2: Total Compensation Amount

S.No Type of Impact Number of Households

Area(ha) Cost

1 Households lost residential land 20 4.80 TDR/FSI

2 Households lost residential land 219 3. 82 3,31,54,425

3 Households lost residential land and structures

133 2.07 3,54,40,403

4 Households lost residential land and structures

24 0.65 TDR/FSI

5 Non title holders(Squatters and vendors)

178 - 3,56,000

Total 574 11.34

Total of 8.62 hectares of residential land is vacant. As per D.P. the use of land is categorized as residential land but people have not built any structures and hence the land is vacant.

A total of 44 households opted for TDR and 352 households opted for compensation by cash. TDRs have been issued to these 44 households and the funds for the APs who opted for cash compensation have been transferred from PCMC to SLAO. Out of 352 households, 63 households have received the total compensation of Rs.56, 86,387. The funds for those who have not collected compensation amount are kept with SLAO and will be disbursed when the APs approach to collect compensation with necessary documents.


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E. FINDINGS AND RECOMMENDATIONS The major findings from the consultations are that the people were positive about the project and most of them felt that the project would be very beneficial. APs were satisfied with the compensation packages and the implementation process. One of the findings from the people who opted for TDR is, it gives them an opportunity to reap benefits of appreciation in land prices and use of higher FSI. The time period for money disbursement from PCMC to people should be minimized. SLAO should fasten the process of disbursement of money to the affected people. PCMC will provide: i) low-cost housing to all low-income and vulnerable households who lose their houses due to the project; ii) all affected and displaced businesses, vendors etc. will be provided with space in the new market that are being developed; and iii) all severely affected APs due to the loss of businesses and livelihood, particularly the vulnerable households will be provided with opportunities to participate in the vocational training programs.

There is no project Grievance Redress Committee (GRC) that is in place and hence a GRC for affected persons needs to be established. GR mechanism to be established under the RP will address the grievances by these APs. Monitoring of Resettlement implementation should be considered. The level of compensation and/or provision of TDRs together with other assistance is in accordance with the local laws and regulations and meet the requirements of the ADB's policy on Involuntary Resettlement. No additional assistance to affected households is considered necessary.

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