world bank document...2. prof. shantha hennayake deputy vice chancellor (team leader of the...

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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 03 rd JANUARY 2013 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

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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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    wb371432Typewritten TextRP1580 V3

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  • i | P a g e

    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]

  • ii | P a g e

    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

  • iii | P a g e

    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

  • iv | P a g e

    (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

  • v | P a g e

    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

  • vi | P a g e

    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

  • vii | P a g e

    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

  • viii | P a g e

    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

  • ix | P a g e

    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.

  • x | P a g e

    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.

  • xi | P a g e

    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

  • xii | P a g e

    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

  • xiii | P a g e

    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 .

  • xiv | P a g e

    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.

  • xv | P a g e

    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)

  • xvi | P a g e

    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 .

  • 1 | P a g e

    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

  • 8 | P a g e

    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

  • 30 | P a g e

    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