world bank document...2. prof. shantha hennayake deputy vice chancellor (team leader of the...
TRANSCRIPT
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RESETTLEMENT ACTION PLAN
Dharmashoka Mawatha (B069) and
Lewella-Buwelikada (B 550)
STRATEGIC CITY DEVELOPMENT PROJECT
MINISTRY OF DEFENCE AND URBAN
DEVELOPMENT
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
SUBMITTED TO
WORLD BANK
PREPARED BY
UNIVERSITY OF PERADENIYA
03rd JANUARY 2013
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Contact Details
1. Janaka Kurukulasuriya
Additional Secretary
Ministry of Defence and Urban Development
Sethsiripaya
Battaramulla
Sri Lanka
Phone: 0777-678-907
Email: [email protected]
2. Prof. Shantha Hennayake
Deputy Vice Chancellor
(Team Leader of the Strategic City Development Project)
University of Peradeniya
Peradeniya
Sri Lanka
Phone: O777-840-640
Email: [email protected]
3.P.H.K. Dayaratne
Senior Consultant – land Acquisition and Resettlement
Social Management and RAP Study Team
Strategic City Development Project
University of Peradeniya, Sri Lanka
Phone: 0777-343-7298
Email: [email protected]
mailto:[email protected]
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Contents ACRONYMS ............................................................................................................................ vi
EXECUTIVE SUMMARY ....................................................................................................... ix
CHAPTER 1: PROJECT DESCRIPTION ................................................................................. 1
1.1 Introduction .......................................................................................................................... 1
1.2 The Project ........................................................................................................................ 1
1.3City of Kandy ........................................................................................................................ 3
1.4: Rationale of the Project .................................................................................................. 5
CHAPTER 2 : PROJECT DETAILS ........................................................................................ 6
2.1: Roads ............................................................................................................................... 6
2.2: Kandy Lake..................................................................................................................... 6
2.3: Sub Project –Improvements to Dharmasoka Mawatha (B069) and Lewella –
Buwelikada Road (B550) ........................................................................................................ 6
2.4. Why Resettlement Action Plan ....................................................................................... 7
2.5 Measures Taken to Minimize Impacts .............................................................................. 8
CHAPTER 3: OBJECTIVES ..................................................................................................... 9
3.1. Objectives ............................................................................................................................ 9
CHAPTER 4: SURVEY METHODOLOGY ............................................................................. 9
CHAPTER 5: POTENTIAL IMPACTS ................................................................................. 11
5.1. Displacements ................................................................................................................ 11
5.2. Measures to Avoid /Mitigate Acquisition of Structures ............................................... 12
5.2.1.Land 14
5.2.2. Structures 17
CHAPTER. 6:SOCIO-ECONOMIC PROFILE ....................................................................... 19
6.1. Population Distribution ..................................................................................................... 19
6.2. Vulnerable Households ..................................................................................................... 21
6.3. Income Distribution ....................................................................................................... 22
6.4.Access to Health Care Facilities ......................................................................................... 24
6.5.Gender Issues ...................................................................................................................... 25
CHAPTER 7:LEGAL FRAMEWORK AND POLICIES ....................................................... 27
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7.1. Key Statutes and National Policies Pertaining to Involuntary Resettlement..................... 28
7.2. National Involuntary Resettlement Policy (NIRP) ............................................................ 31
7.2.1.Rationale of NIRP 31
7.2.2. Objectives of the Policy 32
7.2.3. Scope 33
7.2.4. Policy Principles 33
7.3. Women Charter of Sri Lanka............................................................................................. 34
7.4. World Bank Safe Guard Policies ....................................................................................... 35
7.5. Legislative and Policy Gap Analysis and Actio to Reconcile ........................................... 35
CHAPTER 8: Principales and Policy Commitments of the PMU borrower for Different
Categories of Project Impacts: ........................................................................................... 47
8.1 Entitlements and Assistance. .............................................................................................. 48
8.1.1. Eligibility Policy and Assistance 48
8.2 Operational Guide Lines for the Grant of Entitlements ..................................................... 49
8.2.1. Replacement Cost 49
8.3 Loss of Buildings ................................................................................................................ 49
8.4. Loss of Agricultural Land.............................................................................................. 49
8.5. Temporary Loss of Private Land ................................................................................... 50
8.6 Determination of Rates for Properties Acquired ................................................................ 50
8.7. Special Needs of Vulnerable Households ......................................................................... 50
8.8. Entitlements for Tenant Cultivators (Under Paddy Lands Act) .................................... 50
8.9. Land Owned by state Corporations ............................................................................... 51
8.10. Project Entitlement Matrix ......................................................................................... 51
8.11. Cut - off Date ................................................................................................................... 69
8.12 .Development of RAP and Implementation –Institutions Involved .............................. 70
CHAPTER 9: PARTICIPATION AND CONSULTATION ................................................... 71
CHAPTER 10:GRIEVANCE REDRESSES MECHANISMS ................................................ 91
10.1. Importance of Grievance Redress mechanism ................................................................ 91
Stage One : CDOs appointed by the PPAs/PIUs 91
10.2 Grievance Redress Resolution Procedure...................................................................... 91
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(a) A prescribed form for APs to report grievances 91
10.3. Composition of the Grievance Redress Committees ....................................................... 92
10.3.1. Local Resettlement Committee 92
10.3.2. GRC (RDA) 92
10.3.3. Independent Grievance Panel 92
10.4. Grievance Redress Process ........................................................................................ 93
10.5. Institutions for Grievance Redress Accessible to APs ............................................... 94
10.5.4 Parliamentary Ombudsman 96
10.5.5 Parliament Petition Committee (PPC) 96
10.5.6 Parliament Consultative Committee of the Ministry of Ports and Highways 96
10.5.7 Litigation 96
10.5.8 Legal Aid Commission 96
10.5.9 Political Authority 97
10.5.10 Venue of the GRC Meetings: 97
CHAPTER 11:INCOME RESTORATION AND REHABILITATION ................................. 98
11 .1. Trade and Business .................................................................................................... 98
11 .2. Project as a Development Opportunity ...................................................................... 98
11 3. SWOT Analysis ............................................................................................................. 99
11 .4. Strategies for Income Restoration Programme .......................................................... 99
11 .5. Empowerm ent of Affected People ............................................................................ 99
11 .6. Anticipated Losses ..................................................................................................... 99
11 .7. Organization to Implement the Income Restoration Plan .......................................... 99
11.8: TheInstitutions that would directly involve in the IRP would be:................................. 100
11 .9. Potential Income Restoration Programs .................................................................. 100
11.9.1. Training in Skills Development 100
11.9.2. Training in Entre peuneurship Development 101
11.9.3.Employment Opportunities during the Construction Phase 101
11 .11. Interim Measures .......................................................................................................... 102
CHAPTER 12:INSTITUTIONAL ARRANGEMENTS........................................................ 106
12.1. Review of Mandate and Capacity of Resettlement Agencies .................................. 108
12.1.1 Review of mandate and capacity of resettlement 108
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12.1.2. Divisional Secretary 109
12.2. The role of NGOs involved, and organizations of APs in resettlement planning
and management ................................................................................................................. 110
12.3. Responsibility of RDA for Payment of Compensation ........................................... 110
12.4. Responsibilities of APs for Compensation Payment ............................................... 111
12.5. Institutional Arrangement to Attend to Gender Concerns ....................................... 111
CHAPTER 13:IMPLEMENTATION SCHEDULE ............................................................ 113
CHAPTER 14:MONITORING AND REPORTING ........................................................... 116
14.1 Internal Monitoring ........................................................................................................ 116
14.1.1. Tools for monitoring: 117
14.2 External Monitoring .................................................................................................... 117
14.3 Evaluation Plan ............................................................................................................ 119
14.4 Reporting Requirements ............................................................................................. 120
14.4.1 Reporting responsibilities 120
ANNEXES ............................................................................................................................. 122
Annex 1: Sinhala Phamphlet ................................................................................................. 123
124
Annex 2: Tamil Phamphlet ..................................................................................................... 125
Annex 3: Compensation Gazette (English) ............................................................................ 127
Annex 4: Compensation Gazette (Sinhala) ............................................................................ 129
Annex 5: Compensation Gazette (Tamil) ............................................................................... 131
Annex 6: Flow chart of the land acquisition process with timeline ....................................... 133
Annex 7: Resettlement and Social Survey Questionnarie ...................................................... 134
Annex 8: Copies of attendance meetings ............................................................................... 161
Annex 9: Maps 162
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ACRONYMS
AHH Affected Household Head
APs Affected Persons
CA Court of Appeal
CBO Community Based Organization
CEA Central Environmental Agency
CSS Country Safe Guard System
CV Chief Valuer
DN Diyawadana Nilame
DS Divisional Secretary
DSD Divisional Secretariats Division
EIA Environmental Impact Assessment
EM Entitlement Matrix
GN Grama Niladhari
GOSL Government of Sri Lanka
GRC Grievance Redress Committee
GRM Grievance Redress Mechanism
Hcs Hectares
HE His Excellency
HRC Human Rights Commission
ID Irrigation Department
IOL Inventory of Lossess
IRP Income Restoration Programme
Km Kilometer
KSCDP Kandy Strategic City Development Project
LAA Land Acquisition Act
LARB Land Acquisition Review Board
LARC Land Acquisition and Resettlement
LARS Land Acquisition and Resettlement Survey
LKR Lankan Rupees
MASL Mahaweli Authority of Sri Lanka
MDUD Ministry of Defence and Urban Development
MOL Ministry of Land
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MPH Ministry of Ports and Highways
MSL Mean Sea Level
NCW National Charter of Women
NGO Non Governmental Organization
NIRP National Involuntary Resettlement Policy
NWSDB National Water Supply and Drainage Board
OP Operational Policy
PCPA
PC
Public Consultations and Participation
Provincial Council
PD Project Director
PD Project Director
PEA Project Executing Agency
PIU Project Implementation Unit
PMU Project Management Unit
PP Preliminary Plan
PPC Parliamentary Petitions Committee
PS Pradeshiya Sabah
PSS Pradeshiya Sabah
RA Resettlement Assistant
RAP Resettlement Action Plan
RDA Road Development Authority
ROW Right of Way
ROW Right of Way
RR Resettlement and Rehabilitation
SC Supreme Court
Sec. Section
SES Socio Economic Survey
SIMO Social Impact Monitoring Officer
SM Samatha Mandalaya
STDP Southern Transport Development Project
SWOT Strength, Weakness, Opportunity, Threats
TL Team Leader
TOR Terms of Reference
UDA Urban Development Authority
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UNCED United Nations Charter on Elimination of All forms of
Discrimination against Women
US$ United States Dollar
VD Valuation Department
VP Very Poor
WB World Bank
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EXECUTIVE SUMMARY
Introduction
Government of Sri Lanka aims at bringing balance regional development in order to
narrow the gap the developmental imbalance that exits now between Western Province
which contributes to nearly 40% of the GD P and other regions. One strategy to achieve
this objective is to improve the service delivery and livability and beauty of the major
strategic cities which could spur economic activities in the surrounding areas. Kandy and
Galle cities have been selected for the first phase of development with WorldBank funds
as both cities are blessed with own inherited advantages,notablyvaluable cultural asset
bases.
Description of the Sub Project
Sub project Dharmashoka Mawatha (B069) and Lewella-Buwelikada (B 550) –
originates close to Mahiyawa tunnel and traverses through Lewella and joins close to
culvert 2/3 on the Kandy-Mahiyangan RoadThe length of the road is 3.56 Km .The road is
to be improved to carry two lanes of 3.5 meters in width with two shoulders of 1.2 meters
width on eitherside .A hard shoulder on the leftside of 0.5 meter width and a drain of
0.8meter width on the land side and wherever necessary drains on the otherside too will be
provided . It will be laid with premix and provided with markings and sign boards for the
guidance of motorists and other road users. The Kandy City Development Project is
implemented under the Strategic Cities Development Project funded by the World Bank
under the direction of the Ministry of Defence and Urban Development.
Rationale of the Project
Strategically and geographically Kandy is an important city.It is the principal city of the
Central Province and is listed as a heritage city. Kandy is attracting a larger population
than that was forecasted 10 years ago. Being a tourist destination the livebilty of the city of
Kandy need to be improved with better facilities . It is a focal point of connectivity to
many other parts of the country and has the potential to spur economic activities in the
areas adjoining Kandy. A bypass connecting Dharmashoka Mawatha and Kandy –Jaffna
Road will be provided for the flow of traffic from Kandy Jaffna Road to Mahiyangana
Badulla, Nuwaraeliya through Dharmashoka Mawatha.
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Why Resettlement Action Plan?
According to NIRP and World Bank social safe guard policies, if morethan 200 people
will be affected and some of them lose more than 10 % of their productive assets. A
comprehensive RAP should be prepared and concurrence of the WB should be obtained, if
the project is to be approved by the WB for funding .In the case of sub project-
Dharmashoka-Lewella-Buwelikada Road , the extent of impact triggers the preparation of
a RAP. RAP is the instrument that would guide the PMU to implement the resettlement
process.
Objectives
The RAP is a planning document. The main objective of the Resettlement Plan is to use it
as an instrument to address the issues confronting the affected and displaced people
adequately in order to better their lives after resettlement or at least assist them to achieve
the levels of lives they enjoyed prior to the project. This is the minimum but project should
strive to improve DPs beyond their pre project living standards.
Survey Methodology
Before the commencement of the LARS and SES survey.The enumerators were trained by
the Team leader and relevant consultants to equip them with the art of interviewing the
affected and filling the questionnaires.Two questionnaires were used to gather
informationof the affected population .Total census was conducted to gather data for the
preparation of Inventory of Losses and for the Socio Economic Survey also,since the
number of house holds were small(56) .Data collected were fed into excel sheets and
analyzed by using Software Package for Social Sciences(SPSS). Prior to the survey, centre
line and acquisition boundary as per the engineering design of the proposed sub project
was marked on the ground by land surveyors, which enabled the enumerators to identify
the APs and affected areas fairly accurately.The data obtained from the GIS based on the
final design of the road prepared by RDA was not used for analysis as the type of land and
ownership were not available in the data provided by GIS.
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Socio-Economic Profile
The project falls within the DS Divisions of Gangawatakorale. Density of the population
of the division is 2241 per square kilometer which is much higher than the population
density per square kilometer in Kandy District or National density.
The total number of APs in the project area (within the acquisition boundary) is 226
belonging to 56 families. The number of women AHHs are 17. Of the total population
116 (48.67) are males and 110(51.33) are females. The male population is slightly lower
than the females. Little over five percent of the APs are below the age of 05 years and
nearly 12 % are senior citizens over the age of 60 years. Male to female ratio is 1:1.05
which is more or less similar to national ratio. Average size of a family house hold is 4.0.
The sub project area is cosmopolitant in demographic composition with fair percentage of
Muslims and Tamils living in harmony with the majority Sinhalese.
The educational achievements of the affected population is impressive with 39 APs
(17.25%) have passed O’Levels and 46 (20.35%) A’Levels. There are 29 graduates and
seven post graduates among the affected population within the road corridor. Availabilty
of good schools and urban semi-urban environment have contributed to satisfactory
achievement in education.
land Acquisition Impacts
A total of 69.93 perches is being acquired from 56 house holds covering 65 lots.Of the
affected lots 47 suffers (72.3%) minor impacts .Number of residential lots affected would
be 37 and commercial lots 13 .The extent of land to be acquired from the two categories is
40.93 perches and 10.45 perches.The number of houses partially affected is 34 and fully
affected is three HH need to be temperory relocated in the same premises or else where
until the rehabiltation is completed.Thirteen shops are affected two of them fully. houses.
Fifteen temperory structures are also affected five of them fully.Twenty five fruit/timber
trees and few banana sukers and flower plants are among the vegetation that is affected.
Number of vulnerable families is eight. But according to the new design, twenty buildings
get affected of which ten are fully and ten partially.
Policy and Legal Frame Work
land acquisition is governed by the Land Acquisition Act of 1950 ammended periodically
to meet the emerging needs of the state and the public but until 2008, no attempt was made
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to ameliorate the anomalies in respect of compensation.Resettlement policy of the sub
project is based on the provisions contained in the NIRP,NEA ,compensation package
approved by parliament in 2008 and made operational by government gazette No.1596/12
dated 07th April 2009,effective from on after 17th March 2009. Provisions have been
made under the Acts and Ordinances of other state agencies to acquire land for their
requirements but land acquisition for thsi sub project is based on the provisions of the
LAA.
Legislative Provisions and Policy Gap Analysis
There are several mismatches between provisions of LAA , NIRP and WB policies.In
respect of payment of compensation the regulations enacted in Parliament in 2008 and
made effective from 19th March 2009 had addressed the anomalies and disadvantages that
existed against the affected people. When there is a conflict between the provisions of the
LAA,NIRP and WB policies ,the PMU will follow the policies of NIRP and WB. Both
policies are more or less similar to each other when dealing with interests of the affected.
Eligibility policy
The affected with titles are entitled to replacement cost for land and structures There are
no encroachers or squatters within the acquisition boundary But this aspect could be
confirmed only after the completion of Sec.09 inquiries bunder LAA.Other expenses
connected with land acquisition will be paid as per the provisions of the LAA and the
regulations passed under LAA in Parliamnt in 2008 and made effective by the Government
Gazette N0.1596/12 dated 07 April 2009 where intention to acquire lands were published
on or after 17th March 2009.
Entitlement Matrix
The EM is based on the regulations approved by parliament on compensation and the
entitlemnts ,given to affected people under the Colombo city development programme.The
EM covers all possible lossess that willbe sufferred by the affectees.EM is given in the
body of the report. New rates for other expenses connected with acquisition is yet to be
decided by the VD.
Information, Dissemination, Consultation, Participatory Approaches and Disclosure
Requirements
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Before commencement of surveys to gather information on the loss of properties and
socio-economic profile of the affected population, a workshop was held in Kandy presided
by the Lord Mayor of Kandy, senior officials of the M/DUD, UDA,RDA, Chairmen of
relevant PSS and other concerned officials to disseminate information on the Strategic
Cities Development Project of the M/DUD and the projects in the pipeline under this
project for the improvement of the City of Kandy and environs.
A phamplet in Sinhala and Tamil languages along with a flyer detailing the compensation
package was distributed among the participants and affected people. Three public
metings were held at Divisional Secretariats of Pathadumbara, Kundasale and
Gangawatakorale, where the attendance was very encouraging. The issues discussed and
the responses of the relevant officials are tabulated in the body of the report. The telephone
numbers of the Team Leader ,Consultant on land Acquisition and Resettlement and the
Assistant Coordinator were printed on the phamplets for the affected persons to get further
information and inform their grievances, if any, for solutions.
Cut off date
for the entitlements for title holders is the date of publication of Sec.02 notice under LAA
and for non-title holders it is the date of completion of LARS and SES which is 26th of
November 2013. The Sec.2 notice is yet to be published.
Grievance Redress Mechanism
A grievance redress mechanism will be in place to allow the affected a forum easily
accessible to them to submit their grievances .The GRM will bea five tier arrangement
commencing at the level of the CDO and ending up at the apex body consisting of
eminent persons and high public officials with emphasis on civil society
representations.There are other institutions and systems for the resolution of grievances
available for the APs. Samatha Mandalaya and Human Rights Commission are two
popular institutions.Appeal to the LARB against the decision of the DS on compensation
is available to APs as per the LAA Wide publicity will be given
regarding,powers,composition and venue of the GRC.Affected will be encouraged to seek
the assistance of the GN for issues which are not connected to compensation as he/she is
the officer who is closest to the people .
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Policy and Legal Frame Work
Land acquisition is governed by the Land Acquisition Act of 1950 ammended periodically
to meet the emerging needs of the state and the public but until 2008, no attempt was made
to ameliorate the anomalies in respect of compensation.Resettlement policy of the sub
project is based on the provisions contained in the NIRP, NEAand WB.The policy of WB
inrespect of compensation and rehabilitation is congruent with that of NIRP. Affected
people under this project is covered by the compensation package approved by parliament
in 2008 and made operational by government gazette No.1596/12 dated 07th April 2009
,effective from on after 17th March 2009. Provisions have been made under the Acts and
Ordinances of other state agencies to acquire land for their requirements but land
acquisition for thsi sub project is based on the provisions of the LAA.LAA, discourages
unnecessary acquisitions and land acquired for one purpose cannot be used for another
purpose.
Womens Charter adopted by the government will be take n as aguide to address the gender
issues.
Legislative Provisions and Policy Gap Analysis
There are several mismatches between provisions of LAA , NIRP and WB policies .In
respect of payment of compensation the regulations enacted in Parliament in 2008 and
made effective from 17th March 2009 had addressed the anomalies and disadvantages that
existed against the affected people. When there is a conflict between the provisions of the
LAA,NIRP and WB policies ,the PMU will follow the policies of NIRP and WB. Both
policies are more or less similar to each other when dealing with interests of theaffected.
Entitlements
In order to comply with the provisions of the NIRP and social safeguard policies of the
donors Parliament approved in 2008 ,a compensation package authorising the payment of
replacement cost for land and structuress and other costs associated with displacement of
people economically and physically.
The new compensation package is applicable to those properties which the government
has expressed its intention to acquire on or after the 17th March 2009.The entitlement
matrix is part of the RAP.Funds will be provided by the GOSL in a timely manner to
complete the payment of compensation as planned Physical possession of properties will
be taken over only after payment of full compensation.
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Relocation and Resettlement
No structure is fully affected, as such question of resettlement does not arise. The partly
affected structures could be relocated in the same premises with little alterations for
which compensation will be paid at replacement cost.The APs who lost part of his or her
land and if the balance portion is inadequate to construct a house or commercial building
due to the limits enforced by the UDA will be exempted from such restrictions as a favour
to them since the acquisition is for a requirement of the state.
Income Restoration Strategy
None of the businesses are fully affected .The partly affected businessess will be
compensated for the temperory loss of income and livelihood as per the provisions of the
EM which is part of the RAP.The vulnerable families will continue to receive the
assistance provided by the state .Those who lose their vocations and livelihood
permanently will be assisted with training in skills development,advice and assistance to
commence an alternative business.
Resettlement Budget and Finanacing
The land acquisition and resettlement budget has been prepared taking into consideration
the present market value of land and cost of materials and labour for replacement of
affected portions of the structures.The amount of compensation including administrative
costs and provisions for contigencies is Rs.114,487,505million, equivalent to
approximately,US$.880,673.The resettlement budget is financed by funds
provided by the GOSL. The total budget may vary with the application of new rates for
other entitlements when finalized by the VD.
Implementation Schedule.
Implementation of the RAP including acquisition of land will be within a period of 21
months begining from 1st January 2014.This is comparatively a shorter duration
according to past experience.In order to accomplish the targets indicated in the
implementation schedule a robust instiutional arrangement must be in place .A senior
experienced consultant in social safeguards ,land acquisition and resettlement should
coordinate the implementation aspects of RAP.(MLARR)
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Institutional Framework for Resettlement.
PMU wiil be responsible for the implementation of the resettlement programme with the
assistance of the affected people ,Divisional Secretaries and his staff,Ministry of Lands
,Survey Department, Valuation Department,Government Printer and NGOs.The assistance
of the relevant state agencies and NGOs will be sought during the implementation of the
IRP.
Monitoring and Evaluation
There are two types of monitoring ,internal and external .Internal monitoring is done by
the resettlement staff of PMU and the consultants attached to PMU and external
monitoring and evaluation is done by an independent external person who is not connected
to the establishment .Evaluation differs from monitoring because of its broader scope in
assessing resettlement efficiency,effectiveness,impact and sustainability ,drawing lessons
as a guide to future resettlement planning.Monitoring and evaluation will be based on
three vital themes ,process ,output (content) and impact using appropriate indicators .A
TRO will be given to the EM .
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CHAPTER 1: PROJECT DESCRIPTION
1.1Introduction 1. This chapter covers briefly the concept behind the improvement of strategic cities
to promote socio economic development of the areas in which these cities are located and
for the over all per capita growth of the country.
2. The objectives of the project is dealt in this chapter to get a clear idea to the reader
, the background and importance of the Kandy city, the details of the sub project, and
requirements of Resettlement Action Plan (RAP).
1.2 The Project
3. Government of Sri Lanka plans to bridge the gap between economically
advanced western province with that of other regions of the country by embarking on a
balance regional development as the western province contributes nearly 40% of the
GDP of the country .Development of strategic cities is one step towards the achievement
of the vision of balance development. Sri Lanka‘s urban structure has the potential to
evolve into a system of competitive and well-linked cities, given the country‘s growth
potential in tourism, port and education. Achieving this vision will also be facilitated by
Sri Lanka‘s small territorial size and easy topography that will allow several cities to be
within a few hours journey from Colombo Metropolitan Region. The economic
sustainability of the vision rests on harnessing the growth potential of Sri Lanka‘s cities as
a system or network‘s.
However, a number of obstacles are preventing the Sri Lankan cities from realizing its full
economic potential:
Infrastructure provision and service delivery are fragmented sector wise, especially at the
local level. Municipalities are responsible for fairly limited mandates while many other areas
are coordinated and managed by various agencies at the national level;
Most urban development occurs without appropriate planning. This has led to many ad-hoc
development patterns, such as ribbon development along many roads, which has caused
major bottlenecks in terms of transport, environment and land use;
There is lack of coordination at metropolitan level, especially around major urban centers.
Infrastructure, particularly transport infrastructures are not planned in a way to support the
integration of metropolitan areas; and
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The limited financial and human resources available to local authorities, combined with their
lack of coordination, hinder effective delivery and operation &maintenance of local
infrastructure services, while management and coordination at the metropolitan level are
virtually non-existent.
4. Considering the above constraints, there is an urgent need for a project which can
contribute to the improvement of urban services & infrastructure and livability in
strategically important cities of Sri Lanka. This would be achieved through shaping city
transformations based on the cities‘ cultural and economic assets with strategic
investments.
5. The proposed project aims to bring about city transformation through strategic
investments by leveraging on the city/city region‘s particular cultural and economic assets.
It is proposed that the Government of Sri Lanka (GOSL) sets out a Sri Lankan Strategic
Cities Development Program as a common platform where the World Bank (WB) embarks
on the first phase of development for two pilot cities, Kandy and Galle, as demonstration.
The government and/or other development partners could undertake further investments in
other strategic cities in parallel or subsequent phases.
6. This project will target two main categories of strategic investments: (i) integrated
service delivery – with system-wide basic urban services improvement thereby enhancing
the functional aspects of the city; and (ii) integrated urban planning – with catalytic urban
upgrading efforts thereby enhancing the attractiveness and livability of the city. Improving
the function and the livability of cities would therefore boost the economic
competitiveness of these strategic cities and bring about economic growth.
7. The two selected city regions undertaken by the project– Greater Kandy and
Greater Galle - share similar characteristics. Based on the night-time lights analysis for Sri
Lanka, the two areas appear to be the most urbanized regions outside the Colombo
Metropolitan Region. Both Kandy and Galle are attracting population and economic
activities faster than they are able to keep up with service delivery; and both have existing
or planned market access points (e.g. southern expressway to Galle and planned
expressway access to Kandy) that allow the benefits of agglomeration to be realized. In
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both cases, a metropolitan management approach will be adopted whereby the surrounding
areas outside the functional city boundaries will be considered as one agglomeration.
8. The projectcomprises four components. Component 1 encompasses interventions
for Greater Kandy Area. Component 2 focuses on the interventions for Greater Galle Area
and Component 3 will provide implementation support and technical assistance activities,
with the objective of increasing the technical capacity of municipalities to plan and
implement their own infrastructure projects. Component 4 on emergency response is to
provide any potential response necessary in the event of a natural disaster.
1.3City of Kandy 9. TheCity of Kandy has inherited advantages
(1) Heritage city
(2) Focal point of connectivity to other major cities of the neighboring districts
(3) A destination for tourists
(4) World famous Temple of Tooth, venerated by Buddhists all over the world
(5) Annual pageant of the month of August which is a cultural-religious event watched
by large number of locals and foreigners.
(6) Mild climate
(7) Unparallel scenic beauty surrounded by verdant hills
(8) Tthe major river in the country ―Mahaweli‖ circuiting the city before flows to the
valley below.
10. Kandy which is called Mahanuwara (Big City) in Sinhala is located at the northern
parts of the central highlands at an elevation of 400 to 600MSL above sea level on a
plateau between 7.17 latitude and 80.38 llongitude. Natural constraints restrict the
expansion of the city laterally. Kandy Urban Development Area is spread over an extent of
26.45 sq.km.
11. City of Kandy has a proud history. The Kandy is the last kingdom of Sri Lanka
which was ruled by monarchs during a chequered history of over 2358 years followed by
British rule in the year 1815.Maritime provinces of the island were ruled by Portuguese
and Dutch prior to the ousting of Dutch by the British in 1796. British rule had its
advantages and disadvantages, the construction of railway and other roads to Kandy,
opening of tea plantations in the immediate vicinity of Kandy,establishment of educational
institutions and rule of law are the major advantages.
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12. Kandy which is called Mahanuwara (Big City) in Sinhala is located at the northern
parts of the central highlands at an elevation of 400 to 600MSL above sea level on a
plateau between 7.17latitude and 80.38 longitudes. Natural constraints restrict the
expansion of the city laterally.
Fig.1.1: City of Kandy
13. Population of the Kandy District according to the latest census is 1,431,000-and
that of City of Kandy is 125,400.The population of Kandy has grown progressively during
the last 140 years. The literacy rate of Kandy is higher than the national average due to the
availability of number of good schools for both male and female students since the
beginning of the last century.
Table 1.1.Historical Growth of Population in the City of Kandy -1871-2011
Year Total Male Female A.A.G.R
1871 16,881 10,920 5,999 -
1881 22,026 13,167 8,859 3.04
1891 20,375 11,622 8,753 2.27
1901 26,386 15,049 11,337
1911 29,927 16,938 12,989 1.18
1921 32,562 18,894 13,668 0.81
1931 37,147 21,554 15,593 1.23
1946 51,266 30,045 21,221 1.84
1953 57,200 32,924 24,276 1.48
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1963 68,202 38,090 30,112 1.61
1971 93,303 50,951 42,352 3.36
1981 97,872 51,731 46,141 0.47
2001 110,049 54,216 55,833 0.62
2011 125,400 1.39
Source:- Department of Census and Statistics,Provincial Planning Unit,1997 & Statistics Hand Book ,Kandy District 2011
1.4: Rationale of the Project
14. The strategic importance of the city is enormous due to many reasons mentioned in
Para two. These factors promote economic development in Kandy and immediate suburbs.
Proposals to enhance the beauty and the service delivery systems of the city would
catalyze the unexplored development opportunities where facilities should be improved to
entrepreneurs and the labour that would migrate into the city in search of greener pastures.
As the city is the focal point of connectivity to many parts of the country, easing of
congestion in the city and suburbs would be an impetus for entrepreneurs. With the
improvement of other services the city should be geared to accept the increased influx of
population with the completion of the proposed expressway to Kandy from Colombo. The
proposed domestic air port at the suburbs of Colombo would improve the competitiveness
of the city.
15. Growth of the population of Kandy had grown above the figureforcasted for the
year 2016(118,000) by the UDA in its Development Plan prepared for the Kandy Urban
Development Authority in 2002, but by the year 2011 population has increased by 7400
above the predicted d figure for 2016, indicative of increased inward migration than
expected within a period of 10 years. This is another valid reason to improve the services
and facilities of the City of Kandy and its environs to make the area more attractive
forpeople to live and visit. (see table. 01 above).
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CHAPTER 2 : PROJECT DETAILS
16. The initial phase of development envisages the improvement of following roads
and other facilities in the City of Kandy and suburbs.
2.1: Roads 17. Dharmashoka Mawatha (Road) up to Buwelikada at 2/3 culvert on the
Kandy-Mahiyangana Road
Gohagoda Mawatha (Road)
Katugastota-Madawala-Digana Road
Bridge at Mahamaya College
Rajapihilla Mawatha (Road)
2.2: Kandy Lake 18. Overflow stream restoration from Dunumadalawa Reservoir-protectionto
embankment of upper stream canals to Kandy Lake and construction of new silt traps.
Lake shore protection
Walkway around Kandy Lake
First three roads are maintained by the Road Development Authority and the last one by he
Municipal Councilof Kandy.
The Kandy Lake and associated improvements fall within the management of Irrigation
Department and Urban Development Authority.
2.3: Sub Project –Improvements to Dharmasoka Mawatha (B069) andLewella –Buwelikada Road (B550)
19. Dharmasoka Mawatha (B069), Lewella-Buwelikada (B550) commence close to
Mahaiyawa tunnel in the Kandy town and traverses 3.56Km through Lewella to join the
Kandy Mahiyangana Road (B 026)at culvert 2/3.Approximately 30 meters from the
Mahaiyawa tunnel
20. A bypass connecting Dharmashoka Mawatha and Kandy –Jaffna Road will be
providedfor the flow of traffic from Kandy Jaffna Road to MahiyanganaBadulla,
Nuwaraeliya through Dharmashoka Mawatha.The sub project which is at the centre of the
city of Kandy will serve the proposed domestic airport at the Mahaberiya few kilometers
away from the boundary of the city.
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21. The existing is a two lane road; width of each is 2.5 meters. The road will be
improved to a two lane road, width of each will be 3.5 meters, a soft shoulder of 1.2
meters width will be provided on either side, a hard shoulder of 0.5 meters on the left side
when viewings from Buwelikada end will also be laid in addition to a drain on the land
side to a width of 0.8 meters. On the right side too drains will be constructed wherever
needed to protect the road from storm water damages.The foot path would be a 6 inches
elevated platform on the drain covered by concrete slabs. The road will be improved to
withstand severe weather conditions and will be provided with approved highway signs
and markings to seperate the lanes and boundaries
Fig. 2.1: Location of the Project Area
2.4. Why Resettlement Action Plan
22. When public projects are implemented, it is inevitable that land owned by private
people had to be acquired. The situation is more complicated in road improvement projects
since the alignment is linear in nature and the type of affected people is heterogeneous in
nature. Development induced displacements triggers national safe guard policies as well
as policies of the World Bank .If more than 200 people are affected a comprehensive RAP
should be prepared to the satisfaction of the WB, before the loan is released. If the number
of affected is less than 200 and more than 20, an abbreviated RP is adequate. Even if more
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than 200 people are affected and if there is no single displacement and none are losing
more than 10% of the productive assets, still an abbreviated RP is sufficient to satisfy the
social safeguard policies of the WB.
23. In the case of sub project-Dharmashoka-Lewella-Buwelikada Road, the extent of
impact triggers the preparation of a RAP.
2.5 Measures Taken to Minimize Impacts
On the representations made by some affected people three houses which were to be
marginally affected were saved between I and 2 kilometer from Buwelikada end by
making use of the drain as a pedestrian pathway by laying concrete slabs over the
drain.During the final design wherever possible marginal impacts were avoided if empty
land were available on the opposite side .A strip of land nearly 600 meters were used from
the land belonging to the Department of Forest close to 300 meter chainage to avoid
impacts on private land on the opposite side.
Fig. 2.2: Organizational Chart forthe Preparation of Resettlement Action Plan
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CHAPTER 3: OBJECTIVES
3.1. Objectives
24. The main objectives of the Resettlement Plan is to use it as an instrument to
address the issues confronting the affected and displaced people adequately in order to
better their lives after resettlement or at least assist them to achieve the levels of lives they
enjoyed prior to the project. This is the minimum but project should strive to improve DPs
beyond their pre project living standards.
25. In order to achieve this main objective, following measures which is a part of the
RAP should be implemented effectively and timely.
All possible avenues should be explored to avoid involuntary resettlement. If it is not
feasible to avoid, measures should be taken to minimize resettlement. (in this sub project
action has been taken to minimize acquisition and impacts to buildings where ever
feasible by making adjustments to the design)
Since some degree of discomforts and impacts will be faced by the affected though
numbers are large adequate funds will be provided to compensate for the losses and
temporary disruptions.
A continuous dialogue will be maintained with the affected and they are being consulted
in the process of preparing the RAP and during implementation.
To clearly identify the different types of impacts ,physical ,economical and social to be
incorporated in RAP.
Ascertain rates to be paid to each and every category of impacts to reflect the current
replacement costs and transactional costs
To monitor the implementation plan to make it stay in the correct course.
Project should be considered as a development opportunity for the affected.
CHAPTER 4:SURVEY METHODOLOGY
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26. The survey is a very important ingredient for the preparation of RAP, as it is the
instrument that will guide the resettlement implementing process. Accurate collection of
data will facilitate to prepare a RAP that would avoid misunderstanding and conflicts in
the future as well as budgetary constraints.In order collect essential data on physical,
economical and social assets, a survey was conducted to gather information of affected
assets by using the designs prepared by the RDA and the centreline marked on the ground
by surveyors employed by the RDA. The Land Officer attached to the RDA, Provincial
Director’s Office Kandy and two of his assistants assisted the survey by marking the
acquisitionboundary from the centreline for the enumerators to take the measurements of
the affected assets and interview affected people to collect the relevantinformation.Before
commencement of the survey , a training programme was conducted at the auditorium of
the Geography Department of the university of Peradeniya
27. Prior to the survey a consultation was done on one to one basis with affected
.During the consultations a prepared informatory phamplet outlining the details of the
project and a document listing the total compensation package that the affected are entitled
to depending on the nature of the losses were made available to them in both Sinhalese and
Tamil languages. See annexures 1,2&3. In order to allow sufficient time for consultations
prior to filling of questionnaires each enumerator was expected to fill only five
questionnaires during an eight hour working day.
28. The Inventory of Losses was prepared based on the data collected by this survey
which is termed as Land Acquisition and Resettlement Survey(LARS),which is also
referred to as Census Survey.Information on land ownership,affected structures ,assets
owned,details of bussinesses,income and expenditure ,demographic data, social networks
of the community were also obtained by LARS.Three houses ,two shops and five small
kiosks need to be relocated.
29. Socio Economic Survey (SES) was done on the total population since the number
of house holds were small (56).Through the SES, information gathered on household
income and expenditure patterns, indebtedness, access to health facilities, ,
participation of women in community activities, and availability of state support for
vulnerable groups.
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30. After the collection of data by the enumerators, all questionnaires were vetted to fill
thegaps whereever necessary.Data was entered into Excell Sheets by a data entry operator
and analysed using software package to extract the relevant data to compile the RAP.
31. The cut-off date for an affected person with valid titles to qualify for entitlements
would be the date of publication of Sec.02 notice under the LAA which is not yet
published.For untitled people the cut-off date is fixed as 26th November ,2013, the date on
which LARS and SES were completed.
32. The LARS and SES were conducted under the overall supervision of the Land
Acquisition and Resettelment Consultant attached to the project assisted by the Land
Officer and two Resettlement Assistants of RDA Kandy Office and a Cordinator from the
University of Peradeniya.
33. Before the surveys were commenced a workshop was conducted at the theatre of
the Geography Department of the University of Peradeniya on 26th October 2013, by the
Team Leader of the Project, Professor S.K.Hennayake, Deputy Vice Chancellor of the
University of Peradeniya, assisted by Professor K.Karunatilake ,of University of Kelaniya
,Team Leader Galle sub project,P.H.K.Dayaratne ,Team Leader -land Acquisition and
Resettlement ,Kandy sub project and Nimhiri Bandara of University Peradeniya ,Assistant
Coordinator of the Kandy sub project for enumerators of both Kandy and Galle projects
.Sample questionnaires were explained to them and a practical excercise was performed to
acustom the enumerators to interact with affected people and fill the questionnaires. At
the end of each day a random sample of completed questionnaires were checked to verify
whether they have followed the instructions given
Though some data was obtained from the final designs with the help of Google
maps since it did not provide help to identify the type of lands and ownership ,only the
data gathered from the LARS were used for analysis.
CHAPTER 5: POTENTIAL IMPACTS
5.1. Displacements
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34. Since the length of the road is 3.56 kilometers, the impact is not severe .There are
few agricultural land in the area .Residential and business premises are affected
marginally. Three houses and two boutiques and five small kiosks need to be displaced as
they are unavoidable.
5.2. Measures to Avoid /Mitigate Acquisition of Structures
35. The required strips of land on either side of the road need to be acquired for the
proposed improvements but where ever possible project design engineers have made
certain adjustments to avoid marginal damages to the structures by adjusting the
acquisition boundary from the opposite side of the road if there are no structures on that
side after considering the requests of the affected when they make such request at the
consultations and at public meetings. Between 0.9 km -1.5 km, from Buwelikada end,
demolitions of parts of three houses were saved by converting the drains to foot paths by
overlaying drains with concrete slabs.Part of the soft shoulder and the drain will be
converted to pedestrian path.The sub project area is an up end residential area where the
land value is comparatively high except for a small distance of around 600 meters, where
there is a land belonging to the Department of Forest Conversation on the hillside; all most
all affected lands are privately owned.There areno complaints against the acquisitions up
to now.
Table 5.1: Summary of Productive Assets to be Acquired and the Extent of Impact.
Type of use
No.
of
Lot
s
%
No.
of
DHH
s
%
Affected
Area(perche
s)
%
DS Division -Gangawata Korale
Residential 37 56.92 33 58.93 40.93 58.53
Commercial 13 20.00 13 23.21 10.45 14.94
Agricultural 3 4.62 3 5.36 5.1 7.29
Non Agricultural 5 7.69 2 3.57 6.45 9.22
Access Roads,
Drains 7 10.77 5 8.93 7 10.01
Total 65
100.0
0 56
100.0
0 69.93
100.0
0
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36. Number of lots to be acquired is 65 (58.92%) of this 37 (23.21%) are residential
lots, 15 commercial and the balance is agricultural and barren lands. Extent of land to be
acquired is 69.93 perches .Of which 40.93 (58.53) perches are as they are unavoidable
paddy, 10.45(14.94%) commercial and the balance is agricultural ,barren and parts of
access roads and drains. The numbers of common property affected is three (2.71 perches)
which is not included in the above table. Excluding access roads and drains the average
extent affected per household is 1.23 perches.Though only 56 HHs are affected total of 65
lots to be acquired ,some house holds are loosing more than one lot of land,
Table 5.2: Summary of Affected Productive Assets
Affected Assets
Impact in % and extent
in perches of Affected
Land
Up
to
10%
11%
-
50%
51%
-
75%
76%
-
100%
Total Residential Land to be Acquired 27 8 0 2
Total Commercial land to be acquired 11 0 0 2
Residential &Business 0 0 0 0
Total Agriculture land to be acquired 3 0 0 0
Non- Agricultural and noncommercial land to be acquired
(Including Access roads)
6 1 0 5
Total 48 9 0 8
Source:- LARS and SES conducted in October / November 2013 ,the design of the B205& 236 prepared by RDA
37. Of the total number of 65 lots to be acquired 48 lots suffer impacts, less than 10%
of the extent of the total extent owned by them. This is considered as a minor impact. Nine
AHHs between 10-50% and 08 households between 75-100 %. Of the total affected
properties 73.85% is considered as minor impacts. Those who suffer more than 10% of
impacts falls under major category and the PMU should address their issues favorably to
prevent them slipping into difficulties.
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Impacts of Acquisition (Data extracted using GIS from the Engineering Designs of the Sub
Protect Prepared by the RDA)
5.2.1.Land
38. An extent of 716 perches to be acquired for the widening of the road. The design
prepared by the RDA does not indicate the types of land to be acquired. A large extent of
the land falls within the road reservations of the RDA and land owned by the Department
of Forest. Actual extents of private land to be acquired segregated into land use can only
be determined at the next update when the final survey plans are completed.
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Table 5.3: The Impacts on Productive Assets, Residences and Commercial Premises Categorizedinto Ownership, Uses and Degree of Impact
Ssource: LARs&SES conducted in Oct/ Nov 2013
Type of land Ownership
Types of land
Residential Trade and business Residential and Business Agricultural Non Agricultural Other Total
Maj
or>
10
%
Min
or<
10
%
Maj
or>
10
%
Min
or<
10
%
Maj
or>
10
%
Min
or<
10
%
Maj
or>
10
%
Min
or<
10
%
Maj
or>
10
%
Min
or<
10
%
Maj
or>
10
%
Min
or<
10
%
Legal Owner 7 21 2 11 0 0 0 2 0 6 0 0 49
Tenant 1 0 0 0 0 0 0 1 0 0 0 0 2
Lessee 2 6 0 0 0 0 0 6 0 0 0 14
Squatter 0 0 0 0 0 0 0 0 0 0 0 0 0
Encroacher 0 0 0 0 0 0 0 0 0 0 0 0
Total Responded 10 27 2 11 0 0 0 3 6 6 0 0 65
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39. Of the 65 lots affected 49 is owned by legal owners of which 28 are used for
residential purposes ,49(75.38%) of the 65 lots have legal titles however this position
could only ascertain at the end of the Sec.09 inquiries conducted under LAA. There are no
encroachers or squatters but eight lessees occupying residential lots of which two suffers
major impacts. Of the total impacts to be sustained by the AHHs six are on non
agricultural land and financial compensation could satisfy such losses but major impacts of
residences numbering 10 and two commercial buildings need to be treated in a manner that
they could rebuild their residences and recover incomes within a very reasonable period
and the interventions by the PMU/PIUis essential.
40. Three families are displaced while two shops need to be relocated, other major
impact sufferers could repair their buildings on the same premises.
41. Traditionally people in Sri Lanka maintain their home gardens for economic and
aesthetic reasons .They spend money and time for this purpose.Nineteen AHHs lose
twenty five fruits/timber trees .Most lose flower plants which they had grown in front of
their houses for better appearance of the garden.
Table 5.4 Loss of Vegetation and Crops
Type of Crop HH
No of Affected
Trees
Home garden (flower
plants) 34 250
Banana (Bushes) 12 31
Coconut 5 8
Mango 6 6
Jack 7 9
Timber 1 2
Other 0 0
Total 65 298
Source: LARs&SES conducted in Oct/ Nov 2013
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Table 5.5: Impacts on Residential and Commercial Structures
Type of Structure Impact Total
Area
Affected
in Sq. ft.
House Only
Partially Affected 34 10,007.00
Fully Affected 3
Combined House and Shop
Partially Affected 0 0
Fully Affected 0
Shop and Store only
Partially Affected 11 1586.00
Fully Affected 2
Sheds
Partially Affected 12 985.00
Fully Affected 3
Temporary stalls and other
secondary structures
Partially Affected 7 674.00
Fully Affected 5
Total
13,252.00
LARS & SES conducted in October / November 2013, the design of the B 205 &B 236 ,prepared by RDA and the center line and
acquisition boundary marked by the surveyors .
41. Fifty structures are affected of which 37 are residencesand 13 are commercial
buildings. Twenty sheds and temporary stalls located within the residential and
commercial plots also affected but this is not a major impact as most of such structures
could be built on the same premises in a better form. Total floor area of the structures to
be acquired is 13,252 of which 10,007 sq.ft is from the residential buildings. On an
average each residential building loses around 270 sq.ft of floor space.
Impacts of Acquisition (Data extracted using GIS from the Engineering Designs of the Sub
Protect Prepared by the RDA)
5.2.2.Structures
42. Twenty structures are affected .The types of structures are not identified in the
designs, they are classified as buildings. Of the twenty structures, ten are fully affected and
need replacements. Of the ten fully affected buildings, the floor area is less than 50 Sqft in
three buildings .These are small semi permanent/temporary buildings. The impact is over
75% in 05 buildings, in three buildings the impact is between 50-75%.
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The impact is less than 50% in four buildings. Between 50-75%.the impacts is less than
50% in four buildings.
Total floor area of the buildings is 6433.35 sq.ft and the total affected area is 3669.89 sq.ft
Floor aea of the fully affected buildings
No. of buildings Floor area (Sq.ft)
06 Less than 500
02 Less than 400
02 600-900
Of the partially affected buildings
No. of Buildings Floor area (Sq.ft) Extent of Impact%
03 less than 100 >75
02 less than 300 50-75
04 less than 500
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CHAPTER. 6:SOCIO-ECONOMIC PROFILE
6.1. Population Distribution
43. The sub- project is situated within the city of Kandy and is a highly populate area
where the density is 714.square kilometer. The affected people enjoy the facilities
available to the urban population and their educational achievementsare pretty impressive
.The number of affected people in the project area (within the acquisition boundaries) is
226 of which 110 (48.67%) are men and 116(51.33%) are women. Men to women ratio is
1:1.05. The distribution of the households by family size is given in the table below.
Number of affected households is 56
Table.6.1: Distribution of Household Size of the Affected People
Source: LARs &SES conducted in Oct/Nov 2013 Total Affected households were considered for analysis
44. Of the total number of affected households, 64.29 % of the households or 36 in
number has 3-4 members per household, 15numbers of households (26.79%) has only
1-2 members per household and only one family (1.79%) has more than 7 members.Ninety
one percent of the population has between 1-4 members four a family. Average family size
is 4.04 memebers .It compares with the national average and the rate of growth which is
0.91 (according to the provisional figures released by the Dept of Census and Statistics
2011).
Household Size No. of families Percentage
1-2 15 26.79
3-4 36 64.29
5-7 4 7.14
7 and above 1 1.79
Total 56 100
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Table. 6.2: Affected Population Disaggregated by Age Groups
Source: LARs &SES conducted in Oct/Nov 2013. Total Affected house holds considered for analysis
45. Most of the affected population is in the category of 31-45 age group. Number of
Persons are 60, comprising of 31 males and 29 females. This category constitute 26.55 %
of the affected population .Next highest group is 15-30 category comprise of 26 men and
26 women totaling 52 (23.01%).The senior citizens over (60 years ) constitutes 12.39 % of
the population.The number of house holds is 56 and number of affected persons is 226.
(Table 6.1 &6.2)
46. The dependant population is close to 40 % assuming that all women between 30 -
60 years of age are not dependent on their husbands and they have their own sources of
income. This dependent population is burden to the economy in the short run .If corrective
measures are not taken to care for the ageing population economic and social problems
will be aggravated in the future as well.
Table.6.3: Affected House Hold Heads Disaggregated by Age Groups and Gender
Age
Category
Male
Number
% Female
Number
% Total
Number
%
18-30 0 0.00 0 0.00 0 0.00
31-45 12 30.77 3 17.00 15 26.37
46-60 19 48.72 8 48.43 27 48.63
>60 8 20.51 6 35.29 14 25.00
Total 39 100.00 17 100.00 56 100.00
Source: LARs &SES conducted in Oct/Nov 2013. Total AHH were enumerated
Age
Category
Male
Number
% Female
Number
% Total
Number
%
Below 5 6 5.45 7 6.03 13 5.75
6-14 17 15.45 20 17.24 37 16.37
15-30 26 23.64 26 22.41 52 23.01
31-45 31 28.18 29 25.00 60 26.55
46-60 19 17.27 17 14.66 36 15.93
Over 60 11 10.00 17 14.66 28 12.39
Total 110 100.00 116 100.00 226 100.00
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47. Number of affected households is 56 of this number 39 (69.6%) are males .The
number of female HH heads is 17. But none of them falls into the category of vulnerable
as they have a reasonable income to live.
6.2. Vulnerable Households
48. There are eight vulnerable families among the affected people. Fifty percent (4) of
them are from very old people headed families .Two are very poor households. There are
no women headed families or indigenous people. They will be supported from the existing
subsidy schemes of the government and by the PMU to overcome their vulnerability under
the concept of shared prosperity.
Table.6.4: Vulnerable Households by Category of Vulnerability
Vulnerability Number
ofvulnerablefamilies
Percentage
Household Families headed by very
old people 4 66.67
Disabled 2 33.33
Very Poor 2 0.00
Women Headed (without reasonable
income) 0 0.00
Census 0 0.00
Total 8 100.00
Source: LARs &SES conducted in Oct/Nov 2013. Selected from the total Census
Source of livelihood Incomes
49. Majority of the APs derives their income both primary and secondary from their
own businesses.(37.45%) next highest sector is the government sector. Miscellaneous
employment is the third highest category which accounts for 19.58% .One hundred and
sixty one persons earn their income from the primary sources and 130 of them have
access to secondary source of income too.
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Table6.5:Primary and Secondary Sources of Income of the Affected Population
Income category Primary
Source (No.
of Persons)
Secondary
Source (No. of
persons)
Total Percentage
Commercial 13 3 16 5.50
Agriculture 3 0 3 1.03
Government 64 16 80 27.50
Wages 14 12 26 8.94
Private Sector 48 61 109 37.45
Other 19 38 57 19.58
Total 161 130 291 100.00
Source: LARs &SES conducted in Oct/Nov 2013.
This a very urban area with very educated APs. Every house hold has more than two
members having both primary and secondary sources of income. Although the number of
APS above the age of 15 years is 176(226-50). They have 291 sources of primary and
seconary incomessecond
6.3. Income Distribution
50. Twenty seven households lose their livelihoods due to acquisition. Of this number
the most affected is females which accounts for 14. (51.85%) .Three males and five
females which constitutes 23.08 % of all males and 35.71% of all females affected are in
the 7,500.00-10,000.00 monthly income group. Only one female is in the Rs.25, 000.00-
50,000.00 per month income group. Only one male is below the monthly income of Rs
5000.00 category and one female in the monthly income category between Rs.5000.00 -
7500.00.Two AP house holds did not respond to this question
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Table.6.6:Monthly Income Derived by the Affected Persons from their Livelihood
Monthly income
derived by the APs
from their affected
livelihood in Rs.
Partially
Affected
Fully
Affected
Total
% (Percentage)
Mal
e
Fem
ale
Mal
e
Fem
ale
Mal
e
Fem
ale
Mal
e
Fem
ale
200,000 0 0 0 0 0 0 0.00 0.00
Total 11 14 2 0 13 14 100.00 100.00
Source: LARs &SES conducted in Oct/Nov 2013.
51. Of the 226 affected persons 13 people or 5.75 % are awaiting schooling ,39 or
17.26 % have passed O‘Level , 46 or 20.35% A‘level .There are 29 graduates and 20
Diploma holders .and 07 post graduates .From O‘ level to graduate level females have
excelled better than the males. Of the 29 graduates 18 are females,(62.06%).Among the
Diploma holders 14 are females (70%)s Among the 7 post graduates 4 ((57.14%) are
males.For a 56 households educational achievements are very impressive.
Table 6.7. Educational Status of the Affected People
S.No Educational
Achievement
Mal
e
Fem
ale
Tota
l
Mal
e
Per
centa
ge
%
Fem
ale
Per
centa
ge
%
Tota
l P
erce
nta
ge
%
1 Below school
going age 6 7 13 5.45 6.03 5.75
2 Not attended
School 9 8 17 8.18 6.90 7.52
3 Up to 5th
Gradee 16 11 27 14.55 9.48 11.95
4 Grade 6-10 19 8 27 17.27 6.90 11.95
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5 Pass O Level 18 21 39 16.36 18.10 17.26
6 Pass A Level 20 26 46 18.18 22.41 20.35
7 Diploma 6 14 20 5.45 12.07 8.85
8 Degree 11 18 29 10.00 15.52 12.83
9 Post Graduate 4 3 7 3.64 2.59 3.10
10 Technical 1 0 1 0.91 0.00 0.44
Total 110 116 226 100.00 100.00 100.00
Source: LARs &SES conducted in Oct/Nov 2013
.
6.4.Access to Health Care Facilities
52. The project area has number of health care providers, western and Ayurveda
medical institutions run by the state , private health care institutions etc .Of the 56 HHs 13
persons have visited health clinics for various ailments .Mostly to western medical
centre‘s.(69.23%) .This is little over 5% of the population. It is an indication that the
health of the people in the project area is satisfactory.(see table below)
Table6.8: Access to Health
Service Provider no
Western Medicine 9
Ayurveda Medicine 4
Other 0
Total 13
Source: LARs &SES conducted in Oct/Nov 2013
.
53. Of the 13 people who visited health care institutions, five 5 persons 38.46 % had
taken less than 30 minutes the reach the clinic by a vehicle. Other eight persons between
30-60 minutes. (See table below).This information is very useful to compare the time
needed to visit the same clinics after the completion of the project.
Table 6.9: Time spend to reach
Spend time to reach No
< 30 minutes 5
30 - 60 minutes 8
> 60 minutes 0
Total 13
Source: LARs &SES conducted in Oct/Nov 2013.
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Only those who availed themselves medical facilities were taken for analysis .
6.5.Gender Issues
54. TheSocio-Economic Survey has revealed that the survey the frequency women
allocating time for household activities is 21.The women allows men to make decisions
because they have been raised to do sothe frequency is 11 .
Table 1 6.10: Reasons for the limited opportunities of women to participate in
decision making in the household or community (multiple responses-N=56)
Change Frequency %
Time allocation on household matters 21 52.50
women have been raised, to leave the decision making to
men
11 27.50
women lack capacity or skills 2 5.00
some policies/rules in the community or government
discourage women to participate
1 2.50
Not responded 5 12.50
Total responses 40 100.00
Source: Nov 2013 LARs & SES conducted in Oct
Table 6.11: Perceived Positive Social and Economic Impacts of the Road Project
(Multiple responses allowed)
Perceived social and economic advantages Frequency Percentage
Social
Improvement of road security/safety 10 22.73
Improve the quality of environmental 5 11.36
conditions 14 31.82
High demand for lands 12 27.27
Increase the land value 0 0.00
Improve tourism 3 6.82
Other 0 0.00
Total 44 100.00
Economic
Generate additional income 3 8.57
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Reduce cost of living 6 17.14
Develop business premises & work place 10 28.57
Develop social infrastructure 8 22.86
Develop transport facilities 8 22.86
Other 0 0.00
Total 35 100.00
Source: SES and LARS conducted in Oct/Nov 2013
55. The perceived positive social benefits for 31.82 % of the interviewed households is
the improvement to the quality of the environment .This is good thinking, another 27.27 %
expects the appreciation of land values. Another 22.73% believes that the improvement to
the road improves road safety. On economic impacts ten people (28.57%) perceive that the
businesses and industries will develop as a result of improvements effected to the road.
Generally both social and economic benefits the affected people expect appear to be well
thought of.
Table 6.12: Perceived Social and Economic Negative Impacts
Perceived social and economic Negative Impacts Frequency Percentage
Social
Loss of relatives and neighbors 7 13.21
Loss of friends 3 5.66
Loss of religious places 4 7.55
Effects on children‘s education 5 9.43
No sufficient remaining lands to resettle 9 16.98
Increase in air and sound pollution 11 20.76
Temporary disturbance on family life 5 9.43
Other 9 16.98
Total 53 100.00
Economic
Loss of Income 11 22.46
Increasing cost of living 9 18.38
Parting from business premises and work places 5 10.20
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Limitation of social infrastructure 0 0.00
Temporary disruption on transportation 6 12.24
Temporary disruption on tourism 7 14.28
Loss of goodwill 7 14.28
Other 4 8.16
Total 49 100.00
Source: LARs &SES conducted in Oct/Nov 2013.
56. Of the perceived negative social impacts 20.76% expect increase of air and sound
pollution. Another 13.21% expect loss of relatives and neighbours. Such people have to be
consulted again as the have not comprehended the nature of the project. There is no large
displacement caused by the project only three houses will be relocated and they would be
able find alternative land close to their original residences. With a good road surface air
pollution should be reduced
57. On the negative economic impacts 22.46% of the responses referred to loss
of income and another 18.38% of the belief that improvement to the road contributes to
increase in cost of living .More consultations should be conducted with them to exchange
views on their assumptions.The frequencies based on the number of House holds
responded .Multiple responses permitted,
CHAPTER 7:LEGAL FRAMEWORK AND POLICIES
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58. There are large number of statutes pertaining to land acquisition andresettlement
administration in Sri lanka.This chapter discusses the legislative , policies and practices
pertaining to land acquisition and resettlement.
7.1. Key Statutes and National Policies Pertaining to Involuntary Resettlement
a) Land Acquisition Act (LAA) of 1950 as ammended.
The last ammenmenment to the Act was in 1986, and the regulations pertaining to
payment of compensation passed in Parliament in 2008 and made public by the
Government Gazzette No. 1596/12 dated 07th April 2009, which is applicable for the
acquisition where intention of acquisition is published under Land Acquisition Act,(Sec.02
of LAA) on or after 17th March 2009.The regulations have made provisions for the
payment of Market Value for the portion of the land that is acquired if the acquired land
as an entity realize a value lower than the Market value of the land if it is sold as whole
parcel.Replacement cost for structures is another salient feature of the approved
regulations.Payment of disturbances and other expenses are categorized under 12 sub
headings,(pl see annexure 03).The operational procedures of the LAA are laid down in
detail andunder it claimants are paid only the depreciated value for structures which often
led to difficulties in resettling affected people. Under LAA any aggrieved party on the
valuation determined by the Department of Valuation can appeal to the Land Acquisition
Review Board, and if not satisfied with that, an appeal can be made to the Supreme
Court.But past expereince is that the Review Board, and and legal procedures are time
consuming and the increase of compensation have been very much to the dissatisfaction of
the affected due to procedural and other constraints. ince introduction of the LARC system
with the implementation of the STDP, hardly there had been appeals to LARB.LARC is
now replaced by compensation package contained in the government gazette N0.1596/12
dated 07th April 2009.
Land acquisition Act while empowering the state to exercise her powers under
principle of eminent domain, has provided a reasonable degree of safeguards to the
aggrieved party in the form of appeals and judicial interventions .Though the system of
compensation was injurious to the affected till it was ameliorated by the rules framed
under the LAA in the year 2008 and came into operation on or after March 17th
2009.
The Act discourages the unnecessary acquisitions and land acquired for one
purpose cannot be used for any other purpose.If it is not required by the state after
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acquisition it should be returned to the original owner subject to fulfillment of following
conditions.
1. No development had taken place in the land
2. Even part of compensation not paid
3. It had not being used for a public purpose
4. After publishing the gazette notice for dispossession the original owner has
consented to accept the land.
.b) Land Development Ordinance (1935) –This ordinance deal with the
alienation of crown (state) land for development purposes. that followed. By virtue of this
ordinance and its subsequent amendments, households that occupy crown land illegaly
may request permission from the Divisional Secretary to be regularized their occupation
on the land.Encroachers who have occupied and developed land are considered for
regularization unless the land does not fall within the category of reserved land.
c) State Land Ordinance No 8 of 1947 - Section (b) of the ordinance explains the
state land grants which can be made on request and the rents to be obtained for the grants.
d) Road Development Authority Act No. 73 of 1981- The Road Development
Authority Act (1981) provides for the establishment of the RDA and specifies the powers,
functions, duties and responsibilities of the RDA. Part II of the Act deals with declaring
areas for 'road development‘ following an order or notice (which sets out the requirement
and physical boundaries) published in the gazette. Section 22 deals with land acquisition
for road development as a "public purpose" and provides for the acquisition by, and
transfer to, the RDA of immovable or moveable property within any declared road
development area.
e)Thoroughfare Ordinance. (40 of 2008)-Ordinance empowers the RDA to
acquire and alienate lands .Allow surveyors and relevant officials to enter private land for
surveying and performance of other duties.Fixing of rates for the use of roads .Closure of
roads ,prevention of structures on road reservations and many other powers to RDA
officials to perform their duties uninterrupted.
. f) Mahaweli Authority Act of 1977- Under the Mahaweli Authority Act of 1977,
WithintheareadeclaredundertheMahaweliAuthorityAct,all matters pertaining to
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administration of land, including that of forest ,wild life ,matters pertaining to irrigation
,agrarian services ,agriculture etc are theresponsibilityofMASL.Some sections of the road
from Katugastota to Digana falls within the land administered by MASL.But any land
falling within the administration of MASL will be vested with the RDA/PMU to proceed
with the road improvementwork.
(g)ForestOrdinanceasAmended- Land declared as forest land
isadministeredbytheDepartmentofForestConservation.Theyhavenoauthoritytoreleaselando
nlongtermlease. Land required for public purposes should be released by the
DFCwhenrequestedbytherelevant authorities.
(h)Viharagam and Devalagam Ordinance - Any construction within a land
belonging to a temple or devalaya,in the event of an acquisition should be paid to the
Commissioner General of Buddhist Affairs on behalf of the temple and trustees on behalf
of the devalayas even if the construction had been done by a third party.But very often the
incumbent chief priest of the temple or the custodian of the devalaya consent to allow the
occupant to receive the compensation on improvements.The Prescriptive Ordinance does
not apply to Temple lands.
i)Fauna and Flora Act - If the land required for public purpose fall within a wild
life sanctuary the request should be made to the Director General of Wild life to release
the concerned land to the project, the road traverse should avoid the strict reserves since it
is not possible to release such land for other purposes.
j) Prescriptive Ordinance No 22 (1871) - Under sections 3 and 13 of this
ordinance, households who have encroached into private land and have been occupying it
continuously for at least 10 years may apply through the courts for prescriptive rights to