resettlement planning document -...

Resettlement Planning Document

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

Short Resettlement Plan Kodiyampalayam Bridge Document Stage: Final Project Number: 39114 March 2007

INDIA: Tsunami Emergency Assistance (Sector) Project

Prepared by Public Works Department, Government of Kerala for the Asian Development Bank (ADB)

INDIA: TSUNAMI EMERGENCY ASSISTANCE PROJECT (TAMIL NADU)

SHORT RESETTLMENT PLAN for

Kodiyampalayam Bridge

Prepared by

HIGHWAYS DEPARTMENT Government of Tamil Nadu

India

March 2007

Short Resettlement Plan Construction of High Level Bridges Under TEAP Kodiyampalayam Bridge

2

Contents

List of Abbreviations ...................................................................................3

Executive Summary of the Short Resettlement Plan ........................................4

Section A. Description of the Project .............................................................8

Section B. Definitions and Terminologies .......................................................9

Section C. Scope of Land acquisition and Resettlement.................................. 11

Section Section D. Objectives of the Short Resettlement Plan ......................... 13

Section E. Socioeconomic Profile of the Affected Household............................ 14

Section F. Gender Impacts and Mitigation Measures ...................................... 19

Section G. Resettlement Principles and Policy Framework .............................. 19

Section H. Stakeholder Participation and Disclosure of RP .............................. 24

Section I. Istitutional Responsibility ............................................................ 25

Section J. Implementation Arrangements .................................................... 27

Section K. Grievance Redressal .................................................................. 28

Section L. Compensation and Livelihood Restoration ..................................... 28

Section M. Budget.................................................................................... 29

Section N. Implementation Schedule........................................................... 31

Section O. Monitoring & Evaluation ............................................................. 31

Appendices

I. Summary of Affected Persons ............................................................... 33

II. Public Consultation and Disclosure Plan.................................................. 35

III. TOR for NGO / Agency......................................................................... 37

IV. TOR for an External Monitoring & Evaluation Consultant/Agency ................ 42

V. Livelihood Support Programme.............................................................. 45

VI. List of Participants in Consultation ......................................................... 49


3

List of Abbreviations

ADB Asian Development Bank

AH Affected Household

AP Affected Person

BPL Below Poverty Line

EA Executing Agency

GoTN Government of Tamil Nadu

GRC Grievance Redressal Committee

HLB High Level Bridge

IA Implementing Agency

IAY Indira Awaas Yojana

IR Involuntary Resettlement

IRC Indian Road congress

IRP Involuntary Resettlement Policy

LA Land Acquisition

LVAC Land Value Assessment Committee

NGO Non Governmental Organization

NPRR National Policy on Resettlement and Rehabilitation

PMU Project Management Unit

RADMMD Revenue Administration, Disaster Management and Mitigation Department

RF Resettlement Framework (Tamil Nadu)

RoW Right of Way

RP Resettlement Plan

SC Scheduled Caste

SHGs Self Help Groups

ST Scheduled Tribe

TEAP Tsunami Emergency Assistance Project

WHH Women Headed Household


4

Executive Summary of the Short Resettlement Plan

A. Description of the Project

Government of Tamil Nadu has proposed to construct 5 high level bridges (HLB)

under the Tsunami Emergency Assistance Project (TEAP) funded by the Asian Development

Bank (ADB). Kodiyampalayam HLB is one among the 5 HLBs and is being proposed across

Uppanar between Kaattur Village and Kodiyampalayam Island Village.

In line with ADBs operational manual on involuntary resettlement and resettlement

framework for TEAP, the Highways Department of Government of Tamil Nadu (GoTN), the

Implementing Agency (IA), has prepared this Short Resettlement Plan (RP). This short RP

identifies the broad scope of the project and outlines the policy, procedures for acquisition

of land, magnitude of impact, compensation and other support measures for affected

persons and institutional requirements for the implementation.

B. Scope of Land Acquisition & Impacts

The project involves the construction of a high level bridge across Uppanar river

connecting the eastern side Kodiyampalayam island village with the western side main

land, Kaattur village. The construction of the bridge does not involve any land acquisition

as it is being built across the Uppanar and the land for approaches proposed with

embankment will also not involve any land acquisition as it is river poramboke.

The project also involves strengthening the approach roads on both sides. While

the strengthening of the approach road on the western side is along the existing road and

does not involve any land acquisition, 445 metres of the approach road on the eastern side

will involve land acquisition.

The census survey undertaken during the 2nd week of August 2006 has identified

15 families as project affected families involving 69 persons (project affected persons).

Further, the project causes indirect impact to 4 families operating ferry service (5 boats i.e

two boats operated by members of same family) involving 20 persons and the boats

employ 29 persons on daily wages for loading and unloading. Therefore, this project will be

categorized as Category-B as the involuntary resettlement impact is not significant1. The

summary of project affected families is given vide Appendix-I. The magnitude of impact is

given in the following table.

1 Not significant means less than 200 people will be (i) physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).


5

Magnitude of Impact

Details of Affected Population

Type of Loss Details of Affected Asset No. of Affected

Households (HH)

No. of Affected Persons (APs)

1. Agricultural land

These households comprise of those losing their agricultural land. 13 HH losing agricultural land are

losing more than 10% of their total land holding and

2 HH losing agricultural land are losing less than 10% of their total land holding

- Entire land being acquired is dry land.

15 69

2. Indirect impact

These households comprise of those losing their income from the boat ferry service operation. 3 HH operating ferryboat service

losing their income (includes the boat operated by wife of a boat operator)

1 HH operating ferryboat service losing their income (operated by a woman)

Loss of wages for 29 persons working as load man in the boats

4 20

Total 19 89

Source: Census Survey, August 2006

C. Objectives of the Short Resettlement Plan

This Short Resettlement Plan is prepared in accordance with ADBs policy on

involuntary resettlement that aims at (i) avoiding involuntary resettlement wherever

feasible; (ii) minimizing resettlement where population displacement is unavoidable by

choosing alternative viable project options; and (iii) where involuntary resettlement is

unavoidable, to ensure that affected people receive assistance, preferably under the

project, so that they will be at least as well off as they would have been in the absence of

the project.

D. Gender Impacts & Mitigative Measures

The women will directly benefit by the proposed bridge as it would provide them

easy approach to the main land from their homes. It will also benefit school going female

children who can avoid the unsafe boat ride and in case of emergency this bridge will

provide easy access to health care. During Tsunami, majority of the dead were women and

children who were caught in the tidal waves and to these vulnerable category this bridge

will be a boon. However, the construction of the bridge will have indirect impact on 1

Woman Headed Household (WHH). There will be loss of income to the 4 member family

due to the construction of the bridge, as the woman boat operator will lose her income


6

from boat operated by her for ferrying men and material. This AP will be adequately

supported in this RP so as to restore her earlier standard of living.

E. Resettlement Principles and Policy Framework

The resettlement principles adopted for this subproject recognize the Land

Acquisition (LA) Act 1894 and the entitlement benefits as listed in the National Policy on

R&R, (Govt of India) as notified in February 2004 and the relevant Asian Development

Banks (ADB) policies and operations manuals, in particular the policy on Involuntary

Resettlement (1995), and Operations Manual F2 on involuntary Resettlement (2003), and

agreed Resettlement Framework.

The RP is based on the general findings of the census survey, field visits, and

meetings with various project-affected persons in the project area. The Entitlement Matrix

for TEAP projects in Tamil Nadu provides for compensation and resettlement assistance to

all affected persons including the non-titleholders in the project area. In general terms, the

people affected by the Project will be entitled to the following types of compensation and

assistance - (i) Compensation for loss of land and crops/trees at replacement value; (ii)

assistance for restoration of income and livelihoods and (iii) additional assistance to

vulnerable groups namely - Female-headed households, Scheduled Castes (SC), Scheduled

Tribes (ST), those below poverty line, elderly and disabled. A detailed Entitlement

Matrix for the project is provided in Table 18 in the main text.

F. Stakeholder Participation and Disclosure of RP

A public consultation was held on 12.08.2006 to seek the views and preferences of

the community with regard to the project and as well as their suggestions for successful

implementation of the project. The Resettlement Plan (RP) will be translated into Tamil and

will be made available to the affected people by the Implementing Agency (IA), the

Highways Department, for review and comments on the policy and mitigation measures by

means of project-level disclosure workshops prior to loan negotiation. Copies of short RP

will also be made available at the local level public office, Sirkazhi Taluk office, to

stakeholders for local inputs prior to award of civil work contract. The proceedings of the

disclosure workshop and the feedback received will be sent to ADB for review.

G. Implementation Arrangement, Schedule & Grievance Redressal

The Revenue Administration, Disaster Management and Mitigation Department

(RADMMD) at the state-level will be the EA of the project, while the Highways Department

will be responsible for the implementation of the RP. Highways Department, the

implementing agency, will engage a qualified social/resettlement specialist to assist it in

the implementation of the RP. The project director of PMU will recruit and appoint a local

NGO to help implement resettlement activities. The highways department will assign the

task of implementation to the concerned Divisional Engineer who will be supported by one

Assistant Engineer.


7

A Grievance Redressal Committee (GRC) will be established in Nagapattinam

district, with representation from RADMMD, concerned DE of Highways, 2 members from

the people affected of which at least one is a women or from vulnerable group,

Kodiyampalayam Panchayat President, and the NGO representative and will be chaired by

the District Revenue Officer of Nagapattinam.

The PMU will ensure resettlement budgets are delivered on time to the competent

authority and the implementing NGOs for timely RP implementation. The PMU will ensure

that affected persons will receive compensation and other entitlements before civil work

contracts are awarded.

H. Budget

The total estimated cost for resettlement implementation including cost of

compensation and assistance as per the Resettlement Framework (Tamil Nadu) under

TEAP is Rs.1,152,322/-.

I. Monitoring & Evaluation

RADMMD will establish a monthly monitoring system and prepare monthly progress

reports on all aspects of land acquisition and resettlement activities. The report will contain

progress made in RP implementation with particular attention to monitoring and the

delivery of entitlements. The deputed official in charge of land acquisition and resettlement

in the PMU with assistance from the social development and resettlement specialist,

through the Highways Department and NGOs will monitor the progress of land acquisition

and resettlement and also prepare biannual reports, forwarding them to ADB for review.

An independent agency/monitoring expert will be engaged by the PMU in agreement with

ADB to undertake biannual external monitoring of the subproject implementation.


8

Short Resettlement Plan

A. Description of the Project 1. Government of Tamil Nadu has proposed to construct 5 high level bridges

(HLBs) under the Tsunami Emergency Assistance Project (TEAP) funded by the

Asian Development Bank (ADB). Kodiyampalayam HLB is one among the 5 HLBs

and is being proposed across Uppanar river between Kaattur Village and

Kodiyampalayam Island Village.

2. The Project will involve the construction of a high level bridge and

strengthening of the existing approach roads in accordance with the IRC

standards.

3. In line with the ADBs sector assistance project for Tamil Nadu under the

Tsunami Emergency Assistance Project, construction and rehabilitation works are

being carried out as far as possible within the original right-of-way. However,

improvements to the approach roads on eastern side to the HLB at

Kodiyampalayam village will involve minimal land acquisition. The various

components proposed for the HLB is given in Table 1.

Table 1. Project Components

Component Description Requirement of Land

1. Bridge The bridge is 140m long and 8.5 m wide from outer to outer of crash barrier.

No land acquisition involved as it is being built across the river.

2. Approach road Western side 290m long approach road.

Existing road and no land acquisition involved.

Eastern side 445m long approach road.

Formation of road involving acquisition of land.

4. The village Kodiyampalayam has no road approach and the people of this

village use boats to reach the main land. The island village is just 200 metres

away from the Bay of Bengal and in the event of an emergency like tsunami,

cyclone or storm, the administration becomes helpless and finds it extremely

difficult to reach to the people. This bridge will provide the people of

Kodiyampalayam comfortable and safe access to the main land. The bridge will

not only serve as an emergency escape route, it will also improve the standard of

living of the island villagers. Further, the bridge will provide easy and safe access

to the people and traders from the mainland villages who currently depend on


9

ferry services to reach Kodoyampalayam. However, the census survey

undertaken during project preparation stage reveals that there will be involuntary

resettlement.

5. In line with ADBs operational manual on involuntary resettlement and

resettlement framework for TEAP, the Highways Department of Government of

Tamil Nadu (GoTN), the Implementing Agency (IA), has prepared this Short

Resettlement Plan (RP). This short RP identifies the broad scope of the project and outlines the policy, procedures for acquisition of land, magnitude of impact,

compensation and other support measures for affected persons and institutional

requirements for the implementation.

6. The Project Management Unit (PMU), Disaster Management and Mitigation

Department, Revenue Administration of GoTN would be responsible for ensuring

compliance of this short RP. The highways department of GoTN will be the

implementing agency of the HLB and will have the primary responsibility for RP

implementation.

B. Definitions and Terminologies

7. The definitions of key terminologies or concepts used in this resettlement

plan are as follows.

Affected Person includes any people, households, firms, or private institutions

who, on account of changes that result from the project will have their (i)

standard of living adversely affected; (ii) right, title, or interest in any house,

land (including residential, commercial, agricultural, forest, and/or grazing

land), water resources, or any other moveable or fixed assets acquired,

possessed, restricted, or otherwise adversely affected, in full or in part,

permanently or temporarily; and/or (iii) business, occupation, place of work or

residence, or habitat adversely affected, with or without displacement.

Compensation means compensation paid for the property under the Land

Acquisition Act, 1894 or through private negotiation vide GoTN government

order Ms.No.885, Revenue dated 21.9.1995.

Encroacher is any person(s) illegally occupying public property by extending

their land boundary or a portion of their building onto the RoW.

Entitled Persons means the male 21 years and female 18 years having

entitlement for compensation and rehabilitation assistance.

Involuntary resettlement addresses social and economic impacts that are

permanent or temporary and are (i) caused by acquisition of land and other


10

fixed assets, (ii) by change in the use of land, or (iii) restrictions imposed on

land as a result of an ADB operation.

Land Acquisition means the process through which land and properties are

acquired for the purpose of project construction.

Major impacts are defined as involving affected people being physically

displaced from housing and/or having 10% or more of their productive,

income generating assets lost.

Owners are persons who have legal title to structures, land or other assets.

These property owners are entitled to compensation under the Land

Acquisition Act of 1894.

Project Affected Family/Household means a family consisting of father,

mother, children living together with common kitchen and are affected by the

project, irrespective of their legal status resulting in loss of homestead, other

assets, sources of income / livelihood, common assets and cultural properties.

Rehabilitation means the measures provided under the resettlement plan

other than payment of the compensation of acquired property.

Replacement cost means the method of valuing assets to replace the loss at

market value, or its nearest equivalent, plus any transaction costs such as

administrative charges, taxes, registration, and titling costs. Where national

law does not meet this standard the replacement cost will be supplemented as

necessary. Replacement cost is based on market value before the project or

dispossession, whichever is higher. In the absence of functioning markets, a

compensation structure is required that enables affected people to restore

their livelihoods to levels at least equivalent to those maintained at the time

of dispossession, displacement, or restricted access.

Resettlement means all the measures taken to mitigate all or any adverse

impacts of the project on the APs property and/or livelihoods including

compensation, relocation (where relevant), and rehabilitation.

Squatter is any person occupying structures entirely within the ROW (with no

legal rights to occupy that parcel of land) for residential or business purposes.

Tenant is any person by whom or on whose account rent is payable for any

property.

Vulnerable people are the poorest affected people and groups that may be at

high risk of impoverishment. This may include those without legal title to land

or other assets, households headed by females, the elderly or disabled and

other vulnerable groups, particularly indigenous peoples.


11

C. Scope of Land acquisition and Resettlement

8. The project involves the construction of a high level bridge across Uppanar

connecting the eastern side Kodiyampalayam island village with the western side

main land, Kaattur village. The construction of the bridge portion does not involve

any land acquisition as it is being built across the Uppanar and the land for

approaches proposed with embankment in Kaattar village will also not involve any

land acquisition as it is river poramboke.

9. The project also involves strengthening the approach roads on both sides.

While formation of the approach road on the western side is along the existing

road and does not involve any land acquisition, 445 metres of the approach road

on the eastern side in Kodiyampalayam village will involve land acquisition.

10. In line with ADBs principles of involuntary resettlement planning, the

project avoided involuntary resettlement wherever possible by constructing

approach road along the existing available space. However, the project will

require 0.44.30 hectare of private land for formation of 445 metres of approach

road. This will cause minor2 impact to the livelihood of 2 landowners; major3

impact to 13 landowners; and indirect impact to 5 ferry service operators

(belonging to 4 households) and 29 daily wage earners.

11. The census survey undertaken during the 2nd week of August 2006 has

identified 15 families as project affected families involving 69 persons (project

affected persons). Further, the project causes indirect impact to 4 families

operating ferry service involving 20 persons and the boats employ 29 persons on

daily wages for loading and unloading. Therefore, this project will be categorized

as Category-B as the involuntary resettlement impact is not significant4. The

summary of project affected families is given vide Appendix-I. The magnitude of

impact is given in Table 2.

12. The ferry service operators transport local population and goods to the

island village Kodiyampalayam. One among the operators is a woman who

mainly transports people and sometimes transports goods. Of the 5 boats,

members of one family a husband and wife duo operate 2 boats and the other

3 boats are operated by different families. Amongst these 3 boats, 2 are operated

by men and 1 is operated by a woman (WHH). Since two boats are operated by

2 Losing less than 10% of their productive assets (income generating). 3 Losing more than 10% of their productive assets (income generation). 4 Not significant means less than 200 people will be (i) physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating).


12

members of the same family (husband and wife), though there are 5 boats in

operation only 4 families are affected. One among these 4 families is a Woman

Headed Household (WHH).

Table 2. Magnitude of Impact

Details of Affected Population

Type of Loss Details of Affected Asset No. of Affected

Households (HH)

No. of Affected Persons (APs)

1. Agricultural land

These households comprise of those losing their agricultural land. 13 HH losing agricultural land are losing

more than 10% of their total land holding and

2 HH losing agricultural land are losing less than 10% of their total land holding

- Entire land being acquired is dry land.

15 69

2. Indirect impact

These households comprise of those losing their income from ferry service operation. 3 HH operating ferryboat service losing

their income (includes the boat operated by wife of a boat operator)

1 HH operating ferryboat service losing their income (operated by a woman - WHH)

Loss of wages for 29 persons working as load man in the boats

4 20

Total 19 89 Source: Census Survey, August 2006

13. The 15 households losing portion from their agricultural land parcels are

not getting any income from the land. The main source of income is from fishing

and for some income is through non-farm wages. The land being acquired is dry

land and the extent of land lost to their total land holding is less than 10 percent

for 2 households and more than 10 percent for 13 households. The percentage of

land lost to the total land holding is given in Table 3.

Table 3. Percentage of Land Lost

Extent of Land Lost

Frequency Percentage

Less than 2% 1 06.7

2% and 10% 1 06.7

>10% and 20% 2 13.3

Above 20% 11 73.3

Total 15 100.0



13

14. There is no loss of income to the 15 households on account of proposed

land acquisition. However, the 4 households operating ferry service will lose their

entire source of income as an indirect impact of the project.

Table 4. Loss of Income due to Project

Type of Impact Total number of

households

Number of households

losing income

Direct Impact 15 0

Indirect Impact 4 4

Total 19 4


15. The total land required for the project is 1.68.50 hectare of which 0.44.30

hectare of land is private land belonging to 15 households. The various

components that require land, classification of land and the number of households

getting affected is given in Table 5.

Table 5. Details of Land Loss

Classification Project

Components Total Land

requirement Govt. Private Present Use No. of

affected HH

1. Bridge 0.11.90 0.11.90 - River and river poramboke

-

2. Approach road on the eastern side

0.96.41 0.52.11 0.44.30 Dry land 15

3. Approach road on the western side

0.60.19 0.60.19 - Existing PWD road for traffic

-

Total 1.68.50 1.24.20 0.44.30 - 15


D. Objectives of the Short Resettlement Plan 16. This Short Resettlement Plan is prepared in accordance with ADBs policy

on involuntary resettlement that aims at (i) avoiding involuntary resettlement

wherever feasible; (ii) minimizing resettlement where population displacement is

unavoidable by choosing alternative viable project options; and (iii) where

involuntary resettlement is unavoidable, to ensure that affected people receive


14

assistance, preferably under the project, so that they will be at least as well off as

they would have been in the absence of the project.

17. This short RP briefly describes the findings of the census survey, identifies

the nature and types of losses, provides for payment of compensation and

resettlement benefits as per the entitlement matrix developed for TEAP and the

institutional arrangement for implementation.

E. Socioeconomic Profile of the Affected Household 18. The census survey identified 15 households as directly affected households

comprising of 69 persons and 4 households as indirectly affected households

comprising of 20 persons. Of the 19 households, one household is headed by a

woman. The male-female profile amongst the affected household (AHs) is given

in Table 6.

Table 6. Head of Household (HH) by Sex

Head of Household

Sex Frequency Percentage

Male 18 94.7

Female 1 05.3

Total 19 100.0


19. The male- female profile amongst all members of the project-affected

household is given in the following table. The male outnumber the female and is

in the ratio of 6:4

Table 7. APs by Sex

All Members (APs)

Sex Frequency Percentage

Male 53 59.6

Female 36 40.4

Total 89 100.0


20. The above 60 age group comprise of about 2 percent. Thirty six percent

are below 18 years.


15

Table 8. Age group of APs

Age classification


Upto 5

6 17

18 24

25 40

41 60

> 60

4

28

19

17

19

2

4.5

31.5

21.3

19.1

21.3

2.3

Total 89 100.0

21. Thirty two percent of the affected households have a small family of size

four or less. The average size of a family is 4.7.

Table 9. Size of household

Size of household


1 3

4

5

6 7

5

1

8

5

26.3

5.3

42.1

26.3

Average Size is 4.7

22. All the affected households are Hindus.

Table 10. Affected household by Religion

Religion Frequency Percentage

Hindu

Muslim

Christian

19

-

-

100.0

-

-

Total 19 100.0

23. Eighty four percent of the affected household belong to the most backward

class. There is 5 percent belonging to scheduled caste (1 AH) who would come

under the vulnerable category.


16

Table 11. Afected household by Social Group

Community Frequency Percentage

FC

BC

MBC

SC

-

2

16

1

-

10.5

84.2

5.3

Total 19 100.0

24. The literacy level amongst male is 72 percent and amongst women is only

56 percent. The literacy level of both male and female is lower compared to the

state average (82%). The level of educational attainment is given in Table 13.

Table 12. Literacy by Sex of APs (> 6 age group)

Male Female Literacy

Frequency Percentage Frequency Percentage

Can read and write 34 72.3 20 55.6

Cannot read and write 13 27.7 16 44.4

Total 47 100.0 36 100.0

Table 13. Education level by Sex of APs

Male Female Education


Below primary

Primary

Upper primary

High school

Higher secondary

Graduate

Post graduate

Technical education

None

Children (


17

Table 14. Occupation of Head of Household

Head of HH All members (APs) Main Activity


Cultivation

Casual labour

Salaried

Household shop

Business

Other workforce

Unemployed

Not in workforce

-

2

1

-

-

15

-

1

-

10.5

05.3

-

-

78.9

-

05.3

2

4

1

-

1

25

-

56

02.3

04.5

01.1

-

01.1

28.1

-

62.9

Total 19 100.0 89 100.0


26. About 20 percent of the APs are below poverty line. Income of about 10

percent is less than Rs.1000/- per month.

Table 15. Income of AHs

Income Range (per annum)


1 - 12000

12001 18000

18001 24000

24001 36000

Above 36000

Dependant

2

2

4

7

3

1

10.5

10.5

21.1

36.8

15.8

05.3

Total 19 100.0


27. The average income of the employees is Rs.3000/- per month. There is

one employee who is 18 years old, but is a family member of the boat owner.

Thirty eight percent are in the 19 to 24 age group, 31 percent in the 25 to 40 age

group and the rest (28%) in 41 to 60 age group. The average number of

dependants on the salary drawn by these employees is 4.7.

28. Among the project affected households, in 74 percent of the household

only men are involved in income earning activities and the head is invariably the

principle earner for the family. One household (boat operator) has a woman as


18

the principal bread earner. In 16 percent of the household both men and women

are involved in income earning activities.

Table 16. Primary income earner in the AHs

Primary Income Earner


Men alone

Women alone

Both Men and Women

Dependant

14

1

3

1

73.7

05.3

15.7

05.3

Total 19 100.0


29. The census survey also aimed at identifying socially and economically

vulnerable5 groups amongst those affected households who would require

additional assistance. Seven households (vulnerable) will require additional

support under ADBs livelihood programme6 assistance.

Table 17. Income of Vulnerable AHs

WHH BPL SC Elderly / Disabled

Income Range (per annum)

Fre

qu

en

cy

Perc

en

tag

e

Fre

qu

en

cy

Perc

en

tag

e

Fre

qu

en

cy

Perc

en

tag

e

Fre

qu

en

cy

Perc

en

tag

e

1- 12000

12001 18000

18001 24000

24001 36000

Above 36000

Dependant

-

-

-

-

1

-

-

-

-

-

100.0

-

2

2

-

-

-

-

50.0

50.0

-

-

-

-

-

-

-

-

1

-

-

-

-

-

100.0

-

-

-

-

-

-

1

-

-

-

-

-

100.0

Total 1 100.0 4 100.0 1 100.0 1 100.0


30. If there is any change in the alignment or in the design prior to award of

civil works contract or during implementation, the RP will be accordingly updated 5 (a) those who are below the poverty line (BPL); (b) those who belong to scheduled castes (SC),

scheduled tribes (ST); (c) women-headed households (WHHs); (d) elderly and (e) disabled persons. 6 The ADB is financing The Livelihood Restoration programme of GoTN under Tsunami (details of the

programme is provided in Appendix-IV)


19

and the revised RP will be submitted to ADB by the Highways Department. The

final RP will be submitted to ADB prior to award of civil works contract.

F. Gender Impacts and Mitigation Measures 31. The sex ratio of 9877 in Tamil Nadu is higher than the all-India figure of

933 and the juvenile sex ratio is 942 compared to all-India figure of 927. Though

the sex ratio in Tamil Nadu is better than the national figure, considering the

relative disadvantage of the women in the society, the census survey captured

the current status of women and their socio-economic profile.

32. The women will directly benefit by the proposed bridge as it would provide

them easy approach to the main land from their homes. It will also benefit school

going female children who can avoid the unsafe boat ride and in case of

emergency this bridge will provide easy access to health care. During Tsunami,

majority of the dead were women and children who were caught in the tidal

waves and to these vulnerable category this bridge will be a boon.

33. However, the construction of the bridge will have indirect impact on 1

Woman Headed Household (WHH). There will be loss of income to the 4 member

family due to the bridge as the woman who operates the boat will lose her income

from the boat occupation after the construction. This AP will be adequately

supported in this RP so as to restore her earlier standard of living.

G. Resettlement Principles and Policy Framework

34. The National Policy on Resettlement and Rehabilitation (NPRR) provides

broad guidelines and executive instructions and will be applicable to projects

displacing 500 families or more in flat lands and 250 families or more in hilly

areas. The NPRR requires projects to (i) minimize displacement and identify non-

displacing or least-displacing alternatives; (ii) plan the resettlement and

rehabilitation of project-affected families including special needs of tribal and

vulnerable sections; (iii) provide a better standard of living to project-affected

families; and (iv) facilitate harmonious relationships between the requiring body

and project-affected families through mutual cooperation.

35. While the NPRR recognizes most of the significant resettlement principles

in the Asian Development Banks (ADB) Involuntary Resettlement Policy (IRP),

the NPRR does not meet some of the IRPs safeguards. First, the NPRRs threshold

of applicability is limited to land acquisitions for highways, railway lines,

7 Source: Census of India, 2001


20

transmission lines, and pipelines. Second, each project-affected family will be

offered an ex-gratia payment of Rs10,000/- and no other resettlement and

rehabilitation benefits. Third, replacement value is not clearly defined and is not

taken into account in calculating lump-sum compensation. Fourth, no specific

entitlements are available for squatters and encroachers.

36. The Land Acquisition Act 1894 and its amendments to date generally

govern land acquisition and compensation in Tamil Nadu. The Act covers only

legal titleholders and provides for (i) market value of the land; (ii) compensation

of 30% on the market value for compulsory acquisition; (iii) an additional amount

for trees, crops, houses, or other immovable properties; (iv) damage due to

severing of land, residence, or place of business; and (v) an interest of 12% on

the market value from the date of notification to award. The IRP has some

additional complementary provisions especially with regard to displacement and

resettlement of squatters and other informal settlers.

37. To reduce inherent delays in the land acquisition process from 18 to 6

months or less, the Government of Tamil Nadu (GOTN) issued a government

order in 1995Acquisition of Land for various purposes, Acquisition through

negotiationUniformity in procedure, fixation of land value and Constitution of

Committee. The order sets out the principles of fixing of land value for

negotiation. It allows negotiations up to 150% of the market value/guideline

value for each hectare of land.

38. Based on these state laws and regulation on land acquisition, the ADB IRP

and the NPRR, the following resettlement principles will be applied to all TEAP

subprojects:

a) land acquisition and other involuntary resettlement impacts will be minimized

as much as possible;

b) wherever possible, Government land will be utilized which is free from

encumbrances and will not include land that is squatted upon;

c) those affected will be informed and consulted on compensation options and in

formulating the RPs in accordance with the agreed RF;

d) land and other property compensation will be paid at replacement costs;

e) payment of compensation for lost land, housing, assets, and other

resettlement assistance will be given in full before awarding civil contracts;

f) compensation at replacement cost and resettlement assistance will be given

to all non-titled people affected (e.g., informal dwellers/squatters, and

encroachers) before acquiring land and their properties;


21

g) all those affected will receive assistance to restore their income and to

rehabilitate their livelihood; and

h) special assistance will be given to households headed by women and other

vulnerable groups.

39. In case of land acquisition, compensation will be paid at mutually agreed

rates through negotiations as outlined in the 1995 government order at

replacement costs. In the event the landowner does not agree to acquisition

through negotiation and the land is acquired as per the Land Acquisition Act,

compensation will be paid at replacement costs. If the compensation amount

assessed by a district collector is lower than that of the replacement cost

determined by the land acquisition and valuation committee, the difference will be

paid in the form of a special grant to the affected person. The Government will

bear transaction costs such as stamps/registration costs in case of purchase of

replacement land. Non-titled affected people will be entitled to both compensation

and rehabilitation assistance based on the nature of their losses. Replacement

cost of structures will also be paid to squatters/informal dwellers, and

resettlement assistance, such as shifting allowance and compensation for loss of

workdays/income. Households headed by women and other vulnerable

households (such as scheduled tribe/scheduled caste, disabled, elderly) will be

eligible for additional assistance in terms of income restoration.

40. Cut-off Date is established to identify the Entitled Persons. The date on

which the census survey was undertaken will be the cut-off date for non-

titleholders. For legal owners, the cut-off date will be the notification 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(1) of

Land Acquisition Act of 1894 will be established as the cut-off date.

41. The entitlement matrix (Table 18) lists types of losses, eligibility, and

entitlements, and provides basic parameters for the preparation of compensation

and resettlement benefits. The matrix will apply to this project.


22

Table 18. Entitlement Matrix

No Type of Loss Application Unit of

entitlement Entitlement Details of Entitlements

1 Agricultural land, homesteads, commercial land (private property)

Land on the project right of way (ROW)

Titleholders

Compensation at replacement cost.

1. Cash compensation through negotiation as per government order (1995) at mutually agreed rates equal to replacement value and/or GO Ms. No. 75 (2005).

2. Cash compensation as per Land Acquisition Act at replacement costs. If the replacement cost of land determined by land acquisition and valuation committee is more than the compensation determined by district collector, the difference will be paid as a special grant by the Project directly to those affected.

3. Transaction costs will be paid by the Project (registration cost, stamp fees etc., incurred in the purchase of replacement land).

2 Residential and commercial structures (private property)

Structure within the ROW

Titleholders

Compensation at replacement cost

1. Cash compensation to be paid by the district collector at replacement costs. If the replacement cost of structure determined by land acquisition and valuation committee is more than the compensation determined by district collector, the difference will be paid as a special grant by the Project directly to those affected.

2. A lump sum shifting assistance for shifting household assets including cost of transportation and labor costs.

3. Project will assist those affected to purchase land to relocate to a new site.

4. Right to salvage material from the demolished structure.

3 Loss of income from business and loss of wages

Businesses and employees affected by project ROW

Individual

Lump sum

1. Owners of businesses will be compensated for their loss of income for 3 months based on actual income lost assessed on a case-by-case basis.

2. Employees directly affected by displacement of employer will receive wages for 3 months calculated on the basis of minimum wages.

3. Support to those affected, through the livelihoods programs (Appendix V) under the Project (training, capacity building, and enterprise development) for restarting or new income-generating activities.


23

No Type of Loss Application

Unit of entitlement

Entitlement Details of Entitlements

4 Annual/seasonal crops and trees

Crops and trees on ROW

Cultivator household

Compensation at market value

1. Advance notice for harvesting standing crops.

2. Owner will receive grant equal to market value of crop lost for 10 years plus cost of replacement of seeds.

3. Sharecroppers/tenants will be compensated at market value for the crop lost plus cost of replacement of seeds for the next seasons harvest.

4. Compensation for trees based on timber value at market prices, to be determined by Forest Department and Horticultural Department.

5. For perennial trees, compensation will be 35 times the market value.

5 Structures by squatters and informal settlers (residential/ commercial)

Structures affected by ROW

Household

No compensation for land; compensation for structure at replacement cost and other assistance

1. Compensation for loss of structure at replacement cost.

2. A lump sum shifting assistance for shifting household assets including cost of transportation and labor costs.

3. Affected people to relocate to a new site provided by the project.

4. Support to those affected losing commercial structures, through the livelihoods program (Appendix V) under the Project (training, capacity building and enterprise development) for restarting/new income-generating activities.

6 Additional assistance for vulnerable groups below poverty line (BPL), households headed by women, elderly and disabled

Households affected by ROW

Individual

Assistance for income restoration and training

1. Preferential employment in the Project, especially for women and the poor

2. Support those affected through the livelihoods programs under the Project (Appendix V) which will include- Support for capacity building,

enterprise training, and economic activities to already organized self-help groups (SHGs).

Support for capacity building, enterprise training for new SHGs (male and female) not yet organized into community-based groups.

Replacement of productive assets, skill upgrading, risk mitigation through insurance.


24

No Type of Loss Application Unit of

entitlement Entitlement Details of Entitlements

7 Specific action for indigenous people/ scheduled tribe (ST)

Land and other assets affected by ROW

Individual

Assistance for income restoration and training

1. Preferential employment in the Project, especially for women and the poor

2. Support those affected through the livelihoods programs under the Project (Appendix V) which will include- Support for capacity building,

enterprise training, and economic activities to already organized self-help groups (SHGs).

Support for capacity building, enterprise training for new SHGs (male and female) not yet organized into community-based groups.

Replacement of productive assets, skill upgrading, risk mitigation through insurance.

8 Community infrastructure and amenities

Affected by ROW

Community

Replacement

1. Complete rehabilitation / restoration by the Project.

9 Other impacts not identified

1. Unforeseen impacts will be documented and mitigated based on the principles agreed in this RF.

H. Stakeholder Participation and Disclosure of RP

42. Appropriate consultation on the resettlement plan and participation of

affected population in decision making will improve the understanding of their

needs, resources and preferences. This will help in reducing reluctance and

thereby increase the acceptance of the project. Consultations have been held at

the time of carrying out the baseline socio-economic survey.

43. Further, a public consultation was held on 12.08.2006 to seek the views

and preferences of the community with regard to the project and as well as their

suggestions for successful

implementation of the project.

The likely resettlement impact

and the mitigation measures

proposed under the RP were

explained to the people. The

consultation was conducted by the

R&R Expert and about 31 persons,

including village leaders,

participated in the consultation.


25

44. The salient findings of the consultations on various issues covered are

presented below.

People were unanimous and

equivocal in conveying the

need for a bridge in

Kodiyampalyam.

The advantages as perceived

by the people are; the bridge

would become an escape

route; facilitate easy access to

school and health facilities;

fisheries will improve; and will

pave way for introduction of

mini-bus (public transport) service to the village.

On the compensation and assistance, the APs wanted valuation for the land to

reflect the market rates, though there has been no cultivation in these lands

for over 15 years.

The participants signed attendance sheet is enclosed as Appendix-VI.

45. In addition, a Public Consultation and Disclosure Plan has been prepared

for the project and is enclosed as Appendix-II.

46. The Resettlement Plan (RP) will be translated into Tamil and will be made

available to the affected people by the Implementing Agency (IA), the Highways

Department, for review and comments on the policy and mitigation measures by

means of project-level disclosure workshops prior to loan negotiation. Copies of

short RP will also be made available at the local level public office, Sirkazhi Taluk

office, to stakeholders for local inputs prior to award of civil work contract. The

proceedings of the disclosure workshop and the feedback received will be sent to

ADB for review.

47. The final RP will also be disclosed on the ADB Website, EA website and IA

website whereas the Project Management Unit (PMU) will continue consultations

throughout the project implementation period.

I. Istitutional Responsibility

48 The Revenue Administration, Disaster Management and Mitigation

Department (RADMMD) at the state-level will be the Executing Agency (EA) of the

TEAP, while the State Level Steering Committee (SLSC) will have the overall


26

advice and guidance with the departments and the Implementing Agencies (IAs).

The Project Management Unit (PMU) formed within RADMMD and headed by the

project director will be responsible for overall coordination, planning,

implementation, monitoring, and financing of all resettlement and rehabilitation

activities under the TEAP. RADMMD will depute an official within the PMU to be in

charge of land acquisition and resettlement operations, and will report to the

project director. Each IA in their project implementation unit will also have

qualified social/resettlement professionals. The social development and

resettlement specialist will assist the PMU and IAs/line departments in preparing

RPs. The project director will recruit and appoint local NGOs, as required, to help

prepare and implement resettlement activities. The concerned staff at the PMU,

IAs/field offices, project NGOs, and revenue department officials will undergo a

week long orientation and training in resettlement policy and management. The

deputed official in the PMU with the assistance from the social development and

resettlement specialist will work in close coordination with the respective IAs and

project NGOs on the day-to-day activities of RP implementation.

49. A land value assessment (LVAC) for the project committee headed by the

district collector or his/her representative will also be formed with representatives

from RADMMD, IAs, district/tehsil Land Revenue office, representatives of those

affected, local government, village leaders, professional assessors, and

implementing NGO to assess replacement value of lost assets through a land

market value survey and through compiling and comparing other available

sources of information.8 RADMMD will ensure that any land acquisition and

resettlement/relocation is preceded by a satisfactory RP, formulated according to

the agreed Resettlement Framework (RF). RADMMD will also ensure that

appropriate entitlements and mitigation measures are included in the RP

especially for the benefit of vulnerable groupshouseholds headed by women,

below poverty line, scheduled caste/scheduled tribes, the elderly, and disabled.

The PMU will submit RPs for ADB review and approval, and will ensure that

affected persons will receive compensation and other entitlements before civil

work contracts are awarded.

8 District Level Monitoring Committees and Village Level Monitoring Committees will be extensively utilized for this purpose.


27

J. Implementation Arrangements

50. The Revenue Administration, Disaster Management and Mitigation

Department (RADMMD) at the state-level will be the EA of the project, while the

Highways Department will be responsible for the implementation of the RP.

51. The PMU formed within RADMMD and headed by the project director will

be responsible for overall coordination, monitoring and financing of the RP.

RADMMD will depute an official within the PMU to be in charge of land acquisition

and resettlement operations, and will report to the project director.

52. Highways Department, the implementing agency, will engage a qualified

social/resettlement specialist to assist it in the implementation of the RP. The

project director of PMU will recruit and appoint a local NGO to help implement

resettlement activities. The highways department will assign the task of

implementation to the concerned Divisional Engineer who will be supported by

one Assistant Engineer.

53. The concerned staff at the Divisional Office of the Highways Department

and project NGO will undergo a week long orientation and training on issues

concerning - resettlement policy; principles and procedures of land acquisition;

public consultation and participation; entitlements and compensation

disbursement mechanisms; Grievance Redressal and monitoring of resettlement

operation. The drafts TOR for the appointment of NGO / Agency is given vide

Appendix-III

54. Further, the PMU will ensure resettlement budgets are delivered on time to

the competent authority and the implementing NGOs for timely RP

implementation. The PMU will ensure that affected persons will receive

compensation and other entitlements before civil work contracts are awarded.

The organizational structure for implementation of SRP activities is as under:

PMU (RADMMD)

LVAC DE Highways

AE Highways

NGO

PAP


28

K. Grievance Redressal

55. A Grievance Redressal Committee (GRC) will be established in

Nagapattinam district, with representation from RADMMD, concerned DE of

Highways, 2 members from the people affected of which at least one is a women

or from vulnerable group, Kodiyampalayam Panchayat President, and the NGO

representative and will be chaired by the District Revenue Officer of

Nagapattinam. Through public consultations, those affected will be informed that

they have a right to redress their grievance. They can call upon the support of the

NGO to assist them in presenting their grievances or queries to the GRC, which is

expected to settle many grievances. The committee must resolve grievances

within a fortnight time. The decision of GRC will be binding unless challenged in a

court of law. The committee will meet at least four times a month during the first

6 months of project implementation, and twice a month from the seventh month.

L. Compensation and Livelihood Restoration i) Arrangement for Valuing and Disbursing Compensation

56. A land value assessment committee headed by the district collector or

his/her representative will also be formed with representatives from RADMMD,

Highways Department, L.A. Tahsildar, representatives of those affected,

panchayat President, professional assessors, and implementing NGO to assess

replacement value of lost assets through a land market value survey and through

compiling and comparing other available sources of information. Replacement

value of agriculture land will be paid to make up for the loss incurred due to land

acquisition. All payment will be made in a transparent manner in public.

ii) Assistance to Livelihood Restoration

57. APs living below the poverty line, women headed, elderly and destitute will

be provided preferential employment opportunities in project construction works

to compensate the partial loss of livelihood.

58. Of the 19 households (15 households losing agricultural land and 4

households operating ferryboat services who will be indirectly affected) 7

households fall under the vulnerable category (WHH, elderly and BPL) and will be

supported through the livelihood programme under TEAP. Further, the ferryboat

operators numbering 5 (belonging to 4 families) and 29 employees employed by

the ferry boat operators will also be supported through the livelihood programme

under TEAP. The livelihood support programme under TEAP supports; i) capacity

building, enterprise training, and economic activities to already organized self-

help groups (SHGs); ii) formation of new SHGs, for both men and women, from


29

affected households not yet organized in community-based groups for restoring

livelihoods through micro-enterprise training and establishment support; and iii)

skills upgrading.

M. Budget

59. The total estimated cost for resettlement implementation including cost of

compensation and assistance as per the Resettlement Framework (Tamil Nadu)

under TEAP is Rs.1,152,322/-.

60. Notes and assumptions to costing: The cost estimate is based on

information collected in the field, consultations had with the APs and revenue

staff and findings of census survey.

a. Guideline value for Land is as of 2003 and is yet to be revised and made

public. For current prices, a 7% variation has been taken for one year

(current inflation has been taken as the basis) and 2006 prices have been

arrived.

i. Further, on the basis of G.O. Ms. No. 885, Revenue dated

21.9.1995, compensation for land has been calculated at 150% of

the guideline value.

ii. The 150% is arrived on the following basis. Under acquisition

invoking LA Act, normally the valuation of land includes guideline

value of land, plus additional 30% of solatium for compulsory

nature of acquisition, plus a 12% of interest per annum from the

date of publishing notification of section 4(1). Under private

negotiation the competent authority is empowered vide above

referred GO, to pay up to 150% that includes an additional 8%

over and above solatium and interest.

iii. Registration charges and stamp duty is currently 9% of the

purchase price / guideline value, which ever is higher.

iv. Since the purchase of land with the compensation amount paid is

dependant on availability of suitable land and may take some time,

all APs will be paid the registration charges and stamp duty along

with land compensation. The same has been reflected in the

budget.

b. For loss of income three months income declared during census survey is

provided as assistance and for loss of wages / salary, three months minimum

wages is budgeted for.

c. Livelihood support for loss of income and vulnerable category will be as per

ADBs $51.15 million livelihood support programme and will implemented by


30

Rural Development Department, GoTN. The eligible people will be linked to

the ongoing programme and hence no separate budgetary allocation has

been made in this RP. The livelihood support programme will be extended to

38 families [4 ferry service operators, 29 persons employed in boat service,

and 5 vulnerable (out of 7 vulnerable 1 WHH, 4 BPL, 1 SC and 1 Old age

2 come under income loss category)] having loss of income and those

belonging to vulnerable.

d. The following assistance are provided as per comments given on the draft

report.

a. Those who are vulnerable or losing significant income as a result of

the subproject will be given an Economic rehabilitation grant at the

rate of Rs.3,000/- per household.

b. Training would be provided for up-gradation of skills @ Rs.2,500/ -

per family to the APs belonging to those loosing significant income

as result of the loss and becoming vulnerable.

Table 19. Budget Estimate

S.No Item Description Unit Quantity Rate Amount

A. Compensation

1 Private Land Sq.m. 4430 79 349,970

2 Registration charges and stamp duty Land Value 349,970 0.09 31,498

3 Perennial Trees Number 0 - -

4 Trees having fuel wood Value Number 0 - -

5 Kutcha Residential Structure Number 0 - -

6 Semi Permanent Residential Structure Number 0 - -

7 Commercial Structure - Kutcha Sq.m. 0 - -

B. RP Assistance and Activities

1 Shifting Assistance Number 0 2,000 -

2 Loss of business (boat) Income Number 4 12,500 50,000

3 Loss of wages Number 29 7,200 208,800

4 Economic Rehabilitation Grant Number 38 3,000 114,000

5 Additional assistance to vulnerable groups

Number 7 3,000 21,000

6 Training assistance to affected households

Number 38 2,500 95,000

C: Support for RP Implementation

1 NGO Assistance for RP updation and implementation

Lump sum

50,000

2 Independent M&E Lump sum

30,000


31

3 Training and orientation to the NGO / Agency staff by the Social Development & Resettlement Specialist (PMU)

Lump sum

10,000

Sub total 960,268

Contingency @ 20% 192,054

Total 1,152,322

N. Implementation Schedule 61. The timeframe for various activities of RP is depicted in the Gantt Chart in

page 32.

O. Monitoring & Evaluation

62. RADMMD will establish a monthly monitoring system and prepare monthly

progress reports on all aspects of land acquisition and resettlement activities. The

report will contain progress made in RP implementation with particular attention

to monitoring and the delivery of entitlements. The deputed official in charge of

land acquisition and resettlement in the PMU with assistance from the social

development and resettlement specialist, through the Highways Department and

NGOs will monitor the progress of land acquisition and resettlement and also

prepare biannual reports, forwarding them to ADB for review. An independent

agency/monitoring expert will be engaged by the PMU in agreement with ADB to

undertake biannual external monitoring of the subproject implementation. This

expert will submit the reports biannually via PMU to ADB. The drafts TOR for the

appointment of M&E consultancy firm / expert is given vide Appendix-IV.


32


33

Appendix I

Summary of Affected Persons

Entitlement

AHs S.No

Present Owner Extent

Acquired in sq.m.

Percent acquired of total holding

Type of Loss Land

Compensation

Income loss assistance

Support through ADBs

Livelihood Programme

Direct Impact

1 Muthiah. K 636 12.6 Land

54,766 -

2 Muniyasamy Padayachi. A 422 42.2 Land

36,338 -

@ #

3 Kannagi. C 432 34.6 Land

37,200 -

@ #

4 Samithurai. P 248 38.2 Land

21,355 -

5 Muthukrishnan. L 330 30.0 Land

28,416 -

6 Rathinavel. V 315 22.5 Land

27,125 -

7 Selvamani. P 325 21.0 Land

27,986 -

8 Gunasekaran. C 495 55.0 Land

42,624 -

9 Ramachandran. T 179 15.6 Land

15,414 -

10 Rajagopal. G 120 60.0 Land

10,333 -

11 Ramasamy. G 141 40.3 Land

12,142 -

@ #

12 Balakrishnan. M 99 0.8 Land

8,525 -

@ #

13 Somu. P 83 41.5 Land

7,147 -

14 Somu. C 90 45.0 Land

7,750 -

@ #

15 Rajendran. T 515 5.2 Land

44,347 -

Indirect Impact (Ferry Owners)

16 Ramar. S - - Income - 12,500 @ # 17 Valli.S (Mrs) - WHH - - Income - 12,500 @ #

18 Kothandapani.P and Chandra - - Income -

12,500 @ #

19 Rajangam. A - - Income - 12,500 @ # Indirect Impact (Ferry Staff)

20 Sashi - - Income - 7,200 @ #

21 Oli - - Income - 7,200 @ #

22 Rajesh - - Income - 7,200 @ #

23 Kumar - - Income - 7,200 @ #

24 Chinna Kunju - - Income - 7,200 @ #


34

Entitlement

AHs S.No

Present Owner Extent

Acquired in sq.m.

Percent acquired of total holding

Type of Loss Land

Compensation

Income loss

assistance

Support through

ADBs Livelihood

Programme

25 Gajendran - - Income - 7,200 @ #

26 Aruldas - - Income - 7,200 @ #

27 Saminathan - - Income - 7,200 @ #

28 Gothandam - - Income - 7,200 @ #

29 Kuppusamy - - Income - 7,200 @ #

30 Ramesh - - Income - 7,200 @ #

31 Murugan - - Income - 7,200 @ # 32 Kathir - - Income - 7,200 @ # 33 Balamurugan - - Income - 7,200 @ #

34 Ilayaraja - - Income - 7,200 @ #

35 Selvamani - - Income - 7,200 @ #

36 Rayar - - Income - 7,200 @ #

37 Gajendran - - Income - 7,200 @ # 38 Natesan - - Income - 7,200 @ # 39 Ramasamy - - Income - 7,200 @ # 40 Thangasamy - - Income - 7,200 @ # 41 Chinna Pillai - - Income - 7,200 @ # 42 Ramu - - Income - 7,200 @ # 43 Vasanth - - Income - 7,200 @ # 44 Balakrishnan - - Income - 7,200 @ # 45 Ramadoss - - Income - 7,200 @ #

46 Backiyaraj Rajangam - - Income -

7,200 @ #

47 Vasanth Rajangam - - Income - 7,200 @ # 48 Sasi Ramar - - Income - 7,200 @ #

Total 3,81,468 258,800

@ --- Livelihood support for loss of income and vulnerable category will be as per ADBs $51.15 million livelihood support programme and will be implemented by Rural Development Department, GoTN. The eligible people will be linked to the ongoing programme and hence no separate budgetary allocation has been made in this RP. # --- They will be entitled for Rs.3,000/- as Economic Rehabilitation Grant and Rs.2,500/- as Training Assistance. The vulnerable will get additional grant of Rs.3,000/-


35

Appendix II

Public Consultation and Disclosure Plan

Activity Task Timing (Date/ Period)

No of People

Agencies Feedback/

Issues/ Concerns Raised

Remarks

Stakeholder Identification

Mapping of the project area

June 06 -

SAI Consulting Engineers, Chennai

- -

Project information Dissemination

Distribution of information leaflets to affected persons (APs)

August 06

89 NGO / Agency

The project disclosure meeting was held in the project village.

-

Consultative Meetings with APs during Scoping Phase

Discuss potential impacts of the project

12.8.06 36 Economic Perspectives, Chennai

The APs wanted The bridge to be built quickly

Reasonable valuation for land and trees

Reduce the approach road width to minimise impact

-

Public Notification

Publish list of affected land parcels/sites in a local newspaper; Establish eligibility cut-off date

March 07 - Highways Dept.

LA process through private negotiations is in progress and will be completed by March 2007.

-


36

Activity Task Timing (Date/ Period)

No of People

Agencies Feedback/

Issues/ Concerns Raised

Remarks

Socio-Economic Survey Collect socio-economic information on APs perception on the project

July 06 89 Economic Perspectives, Chennai

Information was collected on Socio-economic profile of

the households; Access to services Awareness & perception of the sample households on the Project and its impact

-

Consultative Meetings on Resettlement Mitigation Measures

Discuss entitlements, compensation rates, grievance redress mechanisms

April 07 - NGO / Agency

- -

Publicize the resettlement plan (RP)

Distribute Leaflets or Booklets in local language


-

-

Full Disclosure of the RP to APs

Distribute RP in local language to APs

April 07 - Highways Dept

- -

Web Disclosure of the RP RP posted on ADB and/or EA website

March 07 - Highways Dept

Expecting full clearance for RP by mid March 2007

-

Consultative Meetings during DMS

Face to face meetings with APs


-

Disclosure after Detailed Measurement Survey (DMS)

Disclose updated RP to APs

May 07 - NGO / Agency

-

Web Disclosure of the Updated RP

Updated RP posted on ADB and/or EA website

May 07 - RADMMD & ADB

-


37

Appendix III

TERMS OF REFERENCE FOR THE NON-GOVERNMENT ORGANIZATION

(NGO)/AGENCY

I. Project description

Government of Tamil Nadu has proposed to construct 5 high level bridges (HLB)

under the Tsunami Emergency Assistance Project (TEAP) funded by the Asian

Development Bank (ADB). Kodiyampalayam HLB is one among the 5 HLBs and is

being proposed across Uppanar between Kaattar Village and Kodiyampalayam

Island Village

The Project intends to engage an experienced agency to assist with the

implementation of the social and resettlement aspects of the Project namely the

subproject Resettlement Plan (RP).

II. Scope of work

In general, the Project Management Unit (PMU) in Chennai, Tamil Nadu will be

responsible for the effective, timely and efficient execution of the RP. The key

tasks of the selected organization will be: -

(i) Information Campaign on Resettlement Entitlements

The agency will design, plan and implement an information campaign in the

project area primarily to inform the APs about the entitlement policy and how to

avail their respective entitlements. In particular, the agency will be responsible

for undertaking a public information campaign at the project areas to inform the

affected persons regarding:-

The need for Land Acquisition (LA), wherever necessary;

The likely consequences of the project on the communities;

The R&R policy and entitlements;

Assist APs in getting the compensation for their land and properties

acquired for the project;

Ensure proper utilization by the APs of various grants available under the

R&R package. The agency will be responsible for advising the APs on how

best to utilize any cash that may be provided under the RP, with emphasis

placed on using such funds in sustainable way e.g. purchasing replacement

land for that acquired.

The campaign would include measures such as distribution of information

booklets, leaflets, notices and other materials among the APs, community


38

meetings, public announcements, and any other measures necessary to provide

information to all the APs.

(ii) Identification of APs and Issuance of Identity (ID) Cards

The agency will identify and verify APs, on the basis of the resettlement census

survey carried out and will facilitate the distribution of ID cards. This work will

include identification of APs based on a census survey, preparation of ID cards,

taking photograph of APs in the field, issuance of ID cards to APs and updating of

ID cards, if required. An identity card would include a photograph of the AP,

his/her socioeconomic profile and vulnerability, the nature and extent of loss

suffered due to the project construction, and the choice AP with regard to the

mode of compensation and assistance (if applicable, as per the RP).

The agency shall prepare a list of APs, enlisting the losses and the entitlements as

per the RP, after verification. During the identification and verification of the

eligible APs, agency shall ensure that each of the APs are contacted and consulted

either in groups or individually. The agency shall especially ensure consultation

with vulnerable groups namely (a) those who are below the poverty line (BPL);

(b) those who belong to scheduled castes (SC), (c) women-headed households

(WHH); (d) elderly and (e) disabled persons.

(iii) Updation of AP Database and Creation/Computerization of Database

and AP Files

The agency will be responsible for updating and preparing a comprehensive

computerized database containing the data on land, structure, trees and other

affected properties of the APs which will be used to prepare AP files and

entitlements cards (EC). The database will contain information from land records

and resettlement census data. The AP and EC files will be used for making

payments of entitlements to the APs and monitoring the progress of resettlement

work.

(iv) Participation in Grievance Redress

The agency will play a key role in assisting the APs in presenting their grievances

or queries to the Grievance Redress Committee (GRC) which will be established at

the PMU level with the primary objective of providing a mechanism to mediate

conflict and cut down on lengthy litigation.


39

(v) Income Restoration

The agency will also play a key role in providing income restoration assistance to

the affected households losing their primary sources of livelihood/income as a

result of the Project. The agency shall undertake consultations with the affected

households on finalizing the skills training and also undertake a market feasibility

survey to ascertain the feasibility of the skills being imparted to those affected.

Based on the outputs of these, the NGO will plan out livelihood restoration

activities as per ADBs livelihoodc support programme and link them to Nodal

NGOs under TNCWD, GoTN. Emphasis will be paid on the vulnerable groups such

as female headed households, SC households, poor etc.

In addition, the agency would also be responsible for liasoning with the various

government departments, in order to create a link up between the existing

government schemes and the affected groups.

(vi) Relocation assistance

The development agency shall facilitate the process of relocation of the affected

households getting displaced as a result of the project as per the RP.

(vii) Community Participation

In addition to the resettlement activities, the NGO will implement Community

Participation Strategy for the Project. As part of this, the NGO will mobilize the

various stakeholders in the community and organize focus group discussions

(FGDs) at the subproject level, with community leaders, eminent citizens, local

community based Organization (CBOs), as well as women and other socio-

economically vulnerable groups such as Indigenous groups, scheduled caste and

poor households, in order to establish direct public contact. The FGDs will aim at

sharing information regarding the Project in each of the subproject area so as to

ascertain views of the various groups in the community on their priorities, choice

of technology, their views and concerns on the Project design and any other

concern on safety and other issues. In particular the NGO will undertake the

following:

Formation of Community based groups in the subproject areas so as

to promote organized community participation and representation.

Special focus will be made on formation of womens groups representing

women belonging to various socioeconomic groups to act as active

agents and change makers in the process of participation thereby

leading to their empowerment.


40

Awareness Building Component would be undertaken on road safety

measures with a focus on women and children .

Capacity Building Component: Under this component, training and

sensitization inputs would be provided to the community based

organizations and groups such as womens groups and village Panchayat

about leadership and management and maintenance of the assets

created under the subprojects.

III. Time frame

The work is scheduled to start in ******** and will continue till the end of the

Project i.e. ************. The agency should be fully prepared in terms of all

logistics support to tackle and carry out the resettlement activities and tasks laid

down above.

IV. Selection criteria, Staffing, Implementation Plan

The NGO/agency to be selected for the tasks must have proven experience in

resettlement planning and implementation. Specifically, key quality criteria

include: -

Experience in direct implementation of programs in local, similar and/or

in other districts in Tamil Nadu;

Availability of trained staff capable of including into their programme

Competence, transparency and accountability based on neutral

evaluations, internal reports, and audited accounts;

Integrity and experience to represent vulnerable groups against abuses

and demonstrable mandate to represent local groups.

Demonstrated experience in computerizing and managing resettlement-

related database, and

Experience in resettlement survey, planning, monitoring and evaluation.

The agency chosen will have to agree to the terms and conditions under the RP.

The following staffing provision may be necessary for smooth and effective

implementation of the RP within the time frame:

Team Leader ;

Field coordinator ;

Resettlement Implementation Worker

Interested agency should submit proposal for the work with a brief statement of

the approach, methodology, and field plan to carry out the tasks. The proposal

should include: -


41

(i) Relevant information concerning previous experience on resettlement

implementation and preparation of reports.

(ii) The proposal should also include samples of ID cards, information brochures,

AP files etc. to be used during the implementation phase.

(iii) The field plan must address training and mobilization of resettlement

workers.

Full CVs (2-3 pages) of key personnel (for e.g. the Team Leader, Field Co-

coordinator) must be submitted along with the proposal. The Team Leader must

have degree in social science (preferably economics, sociology, anthropology,

development studies) and familiar with the local language. The Field coordinator

must have prior experience in resettlement operation and management and

familiar with the local language. The agency must be an established organization

registered with the Government of Tamil Nadu / India.

V. Budget

****** copies of the proposal - both technical and financial - should be

submitted. The budget should include all expenses such as staff salary, training,

computer/database, transport, field and any ot

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