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Resettlement Plan Document Stage: Updated Project Number: 36173-013 February 2019 SRI: Greater Colombo Wastewater Management Project (Sub Component: Pipe Laying at M26 Gravity Sewer Line Mallikarama Road) Prepared by Project Management Unit of Greater Colombo Wastewater Management Project, Government of Sri Lanka for the Asian Development Bank. This updated resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

36173-013: Greater Colombo Wastewater Management Project · SRI: Greater Colombo Wastewater Management Project (Sub Component: Pipe Laying at M26 Gravity Sewer Line – Mallikarama

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Page 1: 36173-013: Greater Colombo Wastewater Management Project · SRI: Greater Colombo Wastewater Management Project (Sub Component: Pipe Laying at M26 Gravity Sewer Line – Mallikarama

Resettlement Plan

Document Stage: Updated

Project Number: 36173-013

February 2019

SRI: Greater Colombo Wastewater Management

Project

(Sub Component: Pipe Laying at M26 Gravity

Sewer Line – Mallikarama Road)

Prepared by Project Management Unit of Greater Colombo Wastewater Management Project,

Government of Sri Lanka for the Asian Development Bank.

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

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

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SUPPLEMENTARY RESETTLEMENT PLAN (SRP 3)

FOR MALLIKARAMA ROAD UNDER THE

RESETTLEMENT PLAN FOR THE GRAVITY SEWER REHABILITATION SUB COMPONANT

Greater Colombo Wastewater Management Project (GCWMP)

CONTRACT NAME: Rehabilitation of Selected 10 Km Sewer Lines and Condition Assessment of 125

Km Sewer Lines within Colombo Municipal Area

CONTRACT No: GCWMP/ADB/GS/10/ICB/Works/02/2012

SUB COMPONENT: Pipe Laying at M26 Gravity Sewer Line

PURPOSE: To Address the Temporary Resettlement Issues at Mallikarama Road due to the

Construction of M26-ADB1 Sewer Line

NO. OF PROJECT AFFECTED PARTIES/FAMILIES: 03

DOCUMENT STAGE: Final Report

PROJECT/LOAN NUMBER: 2557/ 2558 SRI

DATE OF PREPARATION OF THE DOCUMENT: 25th February 2019

PREPARER: Project Management Unit of Greater Colombo Waste Water Management project

(GCWMP)

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

represent those of ADB’s Board of Directors, Management, or the ADB Staff

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TABLE OF CONTENTS

ACRONYMS ......................................................................................................................... 3

A. EXECUTIVE SUMMARY .............................................................................................. 4

B. INDRODUCTION .......................................................................................................... 5

C. SCOPE OF RESETTLMENT ........................................................................................ 7

C.1 OBJECTIVES OF THE SUPPLEMENTARY RESETTLEMENT PLAN (SRP – 3) ........ 7

D. SOCIO- ECONOMC DETAILS OF THE AFFECTED PARTIES .................................... 9

E. SUB COMPONANT DETAILS..................................................................................... 10

F. SURVEY METHODOLOGY ......................................................................................... 12

G. CONSULTATION, GRIEVANCE REDRESS, AND PARTICIPATION .......................... 12

H. MECHANISMS FOR GRIEVANCE REDRESS ........................................................... 13

I. LEGAL FRAMEWORK ............................................................................................... 14

J. SCOPE OF LAND ACQUISITION AND RESETTLEMENT ......................................... 14

K. ENTITLEMENTS ......................................................................................................... 14

L. RELOCATION OF HOUSING AND SETTLEMENTS .................................................. 16

M. RESETTLEMENT BUDGET AND FINANCING PLAN ................................................ 16

N. INSTITUTIONAL ARRANGEMENTS .......................................................................... 17

O. IMPLEMENTATION SCHEDULE ................................................................................ 18

P. MONITORING AND EVALUATION ............................................................................ 19

Q. CONCLUSION AND RECOMMENDATIONS .............................................................. 19

ANNEXURES

ANNEX -1: List of affected parties……………………………………………………………….20

ANNEX -2: Details of affected parties…………………………………………………………....21

ANNEX -3: Consent latter of the Affected Parties……………………………………………....24

ANNEX- 4: Agreements signed by both parties………………………………………………….27

ANNEX- 5: Community consultation Records………………………………………………….. 43

ANNEX- 6: Letter to Divisional Secretary……………………………………………………….44

ANNEX- 7: English translation of the DS latter........................................................................45

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ACRONYMS

ADB Asian Development Bank

APs Affected Persons

CMC Colombo Municipal Council

CGR Ceylon Government Railways

DCSC Design and Construction Supervision Consultants

DSD Divisional Secretariat Division

EA Executing Agency

GCWMP Greater Colombo Wastewater Management Project

GND Grama Niladhari Division

HH Households

IR Involuntary Resettlement

MIHA&PCLG Ministry of Internal & Home Affairs and Provincial Councils &

Local Government

NIRP National Involuntary Resettlement Policy

PD Project Director

PMU Project Management Unit

RAP Resettlement Action Plan

RS Resettlement Specialist

SC Safeguards Committee

SIA Social Impact Assessment

SSO Social Safeguard Officer

SPS Safeguards Policy Statement

SRP Supplementary Resettlement Plan

UDA Urban Development Authority

URP Urban Regeneration Project

WP Western Province

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A. EXECUTIVE SUMMARY

The Resettlement Plan (RP) for the Contract titled “Rehabilitation of Selected 10 km Sewer Lines and

Conditional Assessment of 125 km of Sewer Lines within Colombo Municipal Council Area” was approved

by the ADB in September 2013. Laying a new sewer M26-ADB1 starting from the Sri Saddarma Mawatha

and Baseline Road junction at Maligawatte to the Maligawatta Pump Station is a subcomponent of the

Contract. Involuntary Resettlement activities related to this subcomponent, as per the site conditions and

construction plans prevailed in 2013 were explained in the approved RP. However, due to unforeseen and

unavoidable situations, the construction plan for pipe laying along the Mallikarama Road section of the

M26-ADB1 sewer line had to be changed. This Supplementary Resettlement Plan (SRP) for M26 sub-

component is prepared to accommodate the involuntary resettlement issues arisen as a result of the change.

The RP approved in 2013 identified only one household (HH) as the directly affected for relocation due to

M26-ADB1 construction. The said household was located in Mallikarama Road Dematagoda. This family

was resettled at “Laksada Sewana” housing scheme at Salamulla, Kolonnawa in 2016 before the commencement of construction work along Mallikarama Road in accordance with the RP. The RP approved

in 2013 identified only one household (HH) as the directly affected for relocation due to M26-ADB1

construction. As per the original resettlement plan it was to temporarily demolish a house and rebuild in

same place after finishing of the construction works as agreed with the affected parties and compensation

package includes cost of the construction of the house, cost for moving out to a rented place for

twelve months, cost of moving the house-hold items, etc. Total resettlement budge was Rs 1.612

million. However, during construction as per the alignment of the M26-ADB1 sewer line design team

decided to relocate shaft number 6 on the same place as of the present location of the house.

Therefore, possibility of the reconstruction of the house at same place was gone and during

discussion of the Aps they have mentioned that they may not allowed to rebuild house at the same

place due to land not belongs to them therefore they have also agreed to relocate at newly

constructed apartment at Sallamulla, Kollonawa by URP with the other compensation package on

resettlement and resettlement budget has been increased up to Rs. 4.32 million. Therefore, the

project prepared a Supplementary Resettlement Plan (SRP-1) as an amendment to the resettlement plan for

M26-ADB1 prepared in 2016.

During the construction further 10 households which were situated on encroached lands along the Railway

Quarters Road at Maligawatta had to be relocated to allow for construction. These ten households were

earlier earmarked for resettlement by the Urban Development Authority (UDA) well before the

commencement of pipe laying as part of the urban regeneration program of the government. It did not

materialize on time. Therefore the project had to take action to resettle the said 10 households. These 10

encroached families also have been resettled by the project at Kollonnawa, Slamulla “Laksada Sewana” housing scheme. For this purpose the project prepared a Supplementary Resettlement Plan (SRP – 2) and

obtained the approval from the Ministry of Provincial Councils and Local Government and the ADB in

April 2017.

This is the third Supplementary Resettlement Plan (SRP - 3) for the M26 sub-component. Altogether there

are six sewer pipe lines in the Mallikarama Road (M26, M22, M65, KS60, CS7 and CFM1) Out of which

CS7, KS60, CFM1 are large diameter pipes. These pipes are laid almost at the same elevation as of the M26-

ADB1 sewer. As a result a serious and complicated pipe conflict has been arisen between the already laid

pipes and proposed M26-ADB1 sewer. To avoid the pipe line conflict, a modification to pipe line alignment

had been carried out after detailed investigations. These modifications require extra-large diameter jacking

and receiving shafts for micro-tunneling. According to the finalized alignment, one Jacking Shaft needs to

be constructed right in front of two houses on Mallikarama Road. This shaft will obstruct the entrances to

these two houses and will create health and safety issues. Thus relocation of the residents of the two houses

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(three families) is recommended. The expected construction period is around 8 months. Therefore it is

recommended to temporarily relocate the three families for a period of one year which will allow

contingency duration to accommodate any project delay.

All the families which are affected by construction works at M26-ADB1 sewer has agreed to temporarily

move out and stay in the rented in houses during construction works. The compensation package of the

temporary resettlement is developed after comprehensive consultation of APs and following the NIRP

(2001) and ADB Resettlement Policy. The compensation costs are calculated based on the market rates.

PMU will implement the RP with the assistance of the Project Consultant and the Contractor. Affected

parties are adequately informed of the grievance redress mechanism, and details of the Contact persons are

provided to them to discuss issues related to RP implementation. The APs have agreed to the proposal and

given letters of consent for the resettlement agreement. Total cost of temporary resettlement budget is Rs.

4,290 Million.

B. INDRODUCTION

The Greater Colombo Wastewater Management Project (GCWMP) has been designed to improve the urban

environment, public health, and quality of life for urban and suburban residents of Colombo through

improved wastewater management in Greater Colombo. The Project has three components: (i) upgrading

sewerage infrastructure, (ii) strengthening institutional and operational capacity, and (iii) project

management and implementation support. The first component involves physical construction work. The

physical work is mainly for the upgrading of existing sewerage infrastructure and it is a mix of rehabilitation

work and new construction. The physical work is divided into three subcomponents (four Contracts): (1)

rehabilitation of main sewerage system (pumping stations and pumping mains); (2) rehabilitation of sewer

lines (gravity sewers and one force main), and (3) rehabilitation of two ocean outfalls. Rehabilitation of

sewer lines involves two Contracts. These two Contracts are:

1. Rehabilitation of Selected 10 km Sewer Lines and Condition Assessment of 125 km of Sewer Lines

within Colombo Municipal Council Area

2. Upgrading of Wanathamulla Gravity Sewer Network for Colombo Municipal Council

This Supplementary Resettlement Plan is related to the Contract titled “Rehabilitation of Selected 10 km Sewer Lines and Condition Assessment of 125 km of Sewer Lines within Colombo Municipal Council

Area.” It includes six sewer lines for rehabilitation (Figure 1). Although the term rehabilitation is used in the

Contract, in reality, new sewer lines were laid in parallel to the existing sewers. The existing sewers were

made to act as branch sewers or laterals to the new sewer lines.

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Fig. 1 Sewer Lines covered by sewer rehabilitation the sub projects

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C. SCOPE OF RESETTLMENT

M26 is one of the six sewer lines under the Contract (1) above. Through the above-mentioned Contract (1),

new sewer line M26-ADB1 was designed to be laid in parallel to the existing M26 sewer. The new M26-

ADB1 sewer is larger in diameter and allows an increase to the sewerage service area under the existing

M26 sewer. The method of construction (pipe laying) is micro-tunneling.

The work in sub-project M26 is for upgrading the sewerage infrastructure in the Maligawatte and

Dematagoda areas. The total length of the sewer is about 1.5 kilometers, and it goes through several roads.

These roads include Sri Saddamma Mawatha, Railway Quarters Road, Maligawatta Railway Yard,

Mallikarama Road, and Dematagoda Road. The Supplementary Resettlement Plan discussed here is related

to the work of M26-ADB1 sewer along the Mallikarama Road.

The Contract is Ad-Measurement Type Contract where the project consultants prepared the designs. The

Contractor‟s design responsibility was limited mainly to minor adjustments to manhole locations and

alignment to suit the construction requirements. At Mallikarama road the arrangement proposed in the

design has come into conflict with the existing sewers. Altogether there are six existing sewers along this

road as it is located next to the Maligawatta Pump Station which is the terminal point of the drainage basin.

The sewer designs provided in the Contract were designed using the as-built drawings of the existing lines.

Special investigation works could not be carried out to physically to confirm the network alignments mainly

to due lack of such investigation facilities in the country. Pipe conflict was observed between the existing

sewers and proposed M26-ADB1 sewer when the Contractor attempted to implement the work, requiring

additional investigations and a revised design. The resettlement work discussed in the Supplementary

Resettlement Plan (SRP 3) is related to the new design of M26-ADB1 sewer along the Mallikarama Road.

The new design revised the locations of Jacking Shafts to avoid the pipe conflicts.

C.1 Objectives of the Supplementary Resettlement Plan (SRP – 3)

It is recommended to relocate three families living in two houses right in front of the Shaft - 4 to allow the

construction of M26-ADB1 sewer along Mallikarama Road. Shaft 4 is approximately 10 meters deep and 6

meters in diameter. A very small part of the shaft will occupy the front yards of the two houses. The

construction of the shaft is complicated heavy construction work where heavy construction equipment will

be deployed.

Construction requires the demolition of the front parapet walls of the two houses, and the gates will be

removed. The entrances to the two houses will be severely restricted during the construction. Construction

engineers informed that there are dangers to reside next to a deep excavation where heavy construction work

is taking place. Furthermore, construction-related inconveniences such as noise, dust; vibration will

adversely affect the residents of these two houses due to the proximity of the Shaft 4 to their houses. The

recommendation of the project engineers is to relocate the families living in the two houses for their safety

and health. This is a risk avoidance measure which is endorsed by the Consultants and PMU officials.

The SRP - 3 proposes payment for renting alternative temporary houses including all cost of finding

temporary accommodation, cost of transport of household goods including the cost of removing and

bringing back the household items, and all other additional costs the affected parties have to incur due to the

temporary relocation. Furthermore, an allocation is provided for payment (rent) for the use of land of the

house owners for the construction purpose. The demolished parapet walls will be rebuilt after the completion

of the work together with new gates. It is recommended to provide temporary accommodation for one year.

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This is because the construction work requires approximately eight months. There should be a contingency

period in case of delays due to unforeseen situations or construction failures.

The SRP - 2, adheres to the principles of the NIRP (2001) and the ADB SPS 2009 and ensures that adequate

safeguards are implemented to avoid and minimize adverse impacts on the APs regardless of whether they

are legal residents or not. Details of entitlement of the affected APs are provided under the Section K

Entitlements Matrix provided in this Report.

The common construction related impacts of this sub-component, such as dust, noise, vibration, access

difficulties are explained and addressed in the September 2013 RP. The actions proposed in the September

2013 RP on those issues are still valid and will be adhered by the Contractor and enforced by the project.

The location of Jacking Shaft – 4 and the houses of the affected families are shown in Figure 2.

FIG. 2 MAP OF THE MALLIKARAM ROAD AND THE AFFECTED HOUSES

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FIG. 3 Front view of the Houses

D. SOCIO- ECONOMC DETAILS OF THE AFFECTED PARTIES

This SRP - covers the temporary resettlement of three families living next to the proposed Shaft – 4 at

Mallikarama Road. Table 1 provides the names and addresses of the affected parties (See also Annex 1).

The socio-economic census was carried out by the Consultant and the Sociologist attached to the PMU to

obtain the socio-economic information of the affected parties in November 2018.

TABLE 1: NAMES AND ADDRESSES OF THE AFFECTED PARTIES

No Name of CHH Property Address

01 Ms. Chandra Amarasiri

Manchanayake

House No. 60/4,Mallikarama Mawatha,

Dematagoda, Colombo 09

02 Ms.Frazana Sharik House No. 60/5,Mallikarama Mawatha,

Dematagoda, Colombo 09

03 Mr. Mohamed Ilyas House No. 60/5,Mallikarama Mawatha,

Dematagoda, Colombo 09

House number 60/4 owned by Mrs.

Chandra A. Manchanayake

House number 60/5 owned by Mr.

Mohamed Ilyas

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D1. APs Household livelihood Incomes of all HH are above LKR 100,000.00 per month thereby falling middle income category. Occupant

of the CHH of one house is Housewife and other two doing business as an income generation activity.

D2. Vulnerable AP

The one family affected in Mallikarama Road at M 26 sewer line is headed by a woman who has become a

widow due to her husband‟s death and she is over 78 years old therefore she is socially vulnerable although

she has son but he is also married. This son is involved in private sector employment. Therefore in this

context, this family can be considered as socially vulnerable.

E. SUB COMPONANT DETAILS

The work in sub-project M26 on Mallikarama Road relates to upgrading sewerage infrastructure in the

Maligawatte area. These houses located right in front of the jacking shaft number 4.

The PMU officials/Engineers, Consultants and Contractor‟s staff visited the two houses (three families) on

30 October 2018 to inform

risk of living in these houses during construction. Accordingly, it was agreed (by PMU, Consultants, and

Contractor representatives) that the best solution is to temporarily relocate the occupants of these houses to a

safer location during the construction as per the principles of the NIRP.

The construction activities will be carried out using high technology and the machinery to minimize

disturbances to the adjoining residences however; during construction works following disturbances will be

occur regarding using heavy machineries and the transporting construction machinery and the debris in and

out of the site.

Transportation and access difficulties

Difficulties faced by vehicle users

Access difficulties

Dust

Noise

Health issues

Vibration

Safety issues

Hence, contractor will be advised to take following Mitigation measures to avoided disturbances to the

people who live in the vicinity suggested addressing the difficulties of community as below.

Table 1 Mitigation measures suggested addressing the difficulties of community

Impact

Description Mitigation measures

Access difficulties during construction work the

road need to be closed there for

the people who are currently live

at the vicinity may face access

difficulties

The St. Antony‟s Road can be

used as an alternative road to

reach people to their residencies

and also contractor advised and

agreed to construct an alternative

new temporary road parallel to

existing road after shifting of

three houses next to the proposed

shaft Number 11 to minimize

access problem with the

agreement of the remaining

house owners who are not

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directly affected by the

construction works.

Dust During shaft excavation work

there will be generation of dust

Contractor will be advised to take

necessary action such as watering

to mitigate the issue

Noise/Vibration In this contract used micro

tunneling technology to laying

pipe without digging road

therefore it is not generate noise

but during shaft construction

works it may be generate noise

and Vibration

Contractor will be advised to take

following action to limit or

mitigate the potential adverse

impacts of noise and vibration on

local communities

vibration: 1.contractor advised to do

condition survey of surrounding

structure of the construction site

2.contractor advised to monitor

vibration during vibration

activities if vibration levels are

exceeding according to the

relevant criteria the contractor

shall modify the construction

activities until compliance with

the criteria has been achieved

noise:

select plant and equipment,

design work practices, and

limit hours of operation to

minimize potential impact

use abatement techniques to

minimize construction site

noise

ensure that equipment is in

good condition timely

maintained

maximize the offset distance

between noisy plant items and

nearby sensitive recovers

consult with community and

nearby building owners to

address community concern

Health and safety issues During deep shaft construction it

will make safety issues for

surrounding people specially

children in the vicinity and also

health issues such as dengue.

Contractor advised to take

necessary action to mitigate

impact related to the construction

works and advise to mitigate

environment related issues which

was mention in the EMP

Health and Safety

Shall take necessary action to

prevent vector based diseases

shall consider workers‟ health

shall provide First Aid

medical service

health education

shall provide potable drinking

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water in all work places and

accommodations

shall provide hygiene

facilities to every work place

and accommodation

Environment

contractor advise to take

necessary action to prevent

archaeological property

shall carefully plan to and

execute dewatering operation

to prevent ground subsidence

shall take adequate care to

minimize felling or removal

of trees

shall covered trucks

transportation materials to

prevent dust generating

F. SURVEY METHODOLOGY

The socio economy survey was done by consultant and the Sociologist attached to the PMU to collect socio

economic information of the affected people who are living in front of shaft number 4 at Mallikarama Road,

in November 2018. The focus group discussion and the house hold survey methodology has been used for

collecting data.

The survey result of the three families indicates that two of the families are ethnically Malay, and religion is

Islam. The other family is ethnically Sinhalese, and religion is Buddhism. All the families have monthly

income above Rs. 100,000.00 and are not beneficiaries of social support (Samurdhi). Altogether there are

nine members are affected in the three families with one child attending to pre-school. All the three chief

householders have completed secondary education and holding employment at privet sector. Annex 2

provides the socioeconomic details of the households.

G. CONSULTATION, GRIEVANCE REDRESS, AND PARTICIPATION

The GCWMP has kept the APs informed of the temporary relocation process through several meetings and

discussions with them at their premises. Details of the community consultation attached in annex-5. All APs

have agreed to resettle provided the project fully bears their resettlement cost. However, one household (No.

60/4, Mallikarama Mawatha, Dematagoda, and Colombo 09) subsequently stated that they wish to remain at

the same place despite construction related difficulties. Owners of that household requested the project to

maintain access to their house. Project officials after consulting the Contractor agreed to maintain such

access. Letters confirming the willingness to relocate to the rented houses have been received by PMU from

other APs (Annex 3). Project will assist to the APs to resettle at the same houses at the end of construction.

In addition, the project officials met the community in the Mallikarama road area at several public awareness

meetings and door to door awareness sessions. People were informed of the construction activities and

inquired about their concerns. Contractor also attended these meetings. At these meetings, several measures

were agreed to minimize potential problems to the community. Community members who attended these

site level meetings explain that they do not oppose to the planned work if the access to their houses is not

disturbed and adequate safety measures are taken.

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G1. MECHANISMS FOR GRIEVANCE REDRESS

The PMU Sociologist together with the consultant and construction crew have conducted awareness

programs among APs to explain the project activities, project impacts and measures taken to address them in

November 2017. At these meeting the project sociologist explained the APs regarding the GRM available to

the affected parties. The focal point for receiving complaints and addressing inquiries is the Social and

Environment Safeguards Division in the PMU. Specific point of contact with regard to social and

resettlement issues is the project sociologist. This was explained to the affected parties and the contact

details of the project sociologist and the Team Leader of the Consultants Team were provided to the APs.

If the Grievances are not addressed at the project sociologist level or if the solution is not agreed by the AP,

such issues can be referred by the Project Director to the Safeguards Committee of the project. This

committee comprises the CMC District Engineer as Chair, a representative from the MIHA&PCLG, the

PMU Sociologist and a female AP from the affected party (if available). GRM process is depicted in Figure

4. The GRM process will not remove the right of the APs to recourse of legal action to address issues related

to resettlement.

Figure 4: Complain Handling Procedure of the contract

Affe ted Perso ’s o plai to o tra tor’s pu li Relatio Offi er/ E gi eer’s site staff about the grievances faced by them.

1. If the Contractor/site

Engineer cannot solve the

problem in 3 days, forward

the same to Project

Management Unit

Sociologist/Consultant re-

settlement Expert to solve in

1 week.

2. Failing which, inform PD for

solution in 2 weeks.

3. Failing which Project Director

will refer it to Safeguards

Committee for solution in

one month.

If the Safeguard Committee cannot solve

the problem, Affected Persons have the

option to resort to legal action.

Step 1

Step 2

Step 3

Acknowledge the

Affected Person in

writing / inform the

solution to Affected

Person

Inform the

solution to

Affected Person

Inform the

solution to

Affected Person

Inform the

solution to

Affected

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I. LEGAL FRAMEWORK

The Resettlement Policy Framework (RPF) of the project (GCWMP) is the basis of the RAP defined by this

SRP-3. It is compliant with the Sri Lankan laws, the National Involuntary Resettlement Policy (NIRP) and

the ADB Operational Policies. Thus, the RAP is a requirement of Resettlement Policy Framework (RPF)

where involuntary resettlement is involved.

The Resettlement Plan on the sub-project is developed based on the principles and legal provisions laid

down in The Land Acquisition Act, 1950 (LAA, amended from time to time) and the National Involuntary

Resettlement Policy, 2001 (NIRP). The principles of the NIRP are largely consistent with ADB‟s Policy on Involuntary Resettlement, 1995. The Project‟s core principles will be applied to involuntary resettlement

defined as follows: involuntary resettlement addresses social and economic impacts that are permanent or

temporary and are (i) caused by acquisition of land and other fixed assets, (ii) by change in the use of land,

or (iii) restrictions imposed on land as a result of the Project.

J. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

1. Key Effects in Terms of Land Acquired, Assets Lost and People Displaced

The project physical construction works at M26 site do not require any land acquisition. But there

were potential temporary impacts related to access disruptions during construction works; there

was no any loss of assets belongs to the government or private as a result of the construction works

except 11 encroaches families at CGR quarters road and Mallikarama Road.

During project consultation and the Socio economic survey APs agreed to move from their

temporary houses to high rise building to facilitate construction work permanently. Accordingly,

project has provided houses from newly build apartment at Laksada Sewana by URP-UDA at a

cost of LKR 4 Million per each affected parties for their loss of house and provided all

compensation packages related to the relocation which was mentioned in SRP 1 and 2.

2. Primary Responsibility for Land Acquisition and Resettlement

The project has no any land acquisition of this construction site except relocation of 11 encroaches

families. However, Contractor has advised to do the construction without any harm to people or

assets in the construction site but, if there are any losses of assets or damage during construction

works it is clarified as construction induces impact hence contractor is bound to compensate for the

damages.

K. ENTITLEMENTS

The entitlement matrix applicable for the 6 sub-projects including M 26 sub project, based on the legal and

policy principles and the potential impacts, are given in Table 2 below. The procedure explained in Table 2

also applies to the RAP defined in SRP-2. All impacts will be addressed at the project-level. Relocation of 3

families in M 26 sub project area has already been discussed with the affected parties arranged. The APs are

offered a compensation package as outlined in Section I. The RAP budget is given in Section J.

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Table 2 Detailed Entitlement Matrix

A.RESIDENTIAL LAND AND STRUCTURS

Type of loss Entitled

person

Entitlement Intent/ requirement Responsibility

A1. temporary

loss of

permanent

resident

Title owners Cash compensation for

rent houses

Temporary resettlement

MIHA&PCLG,

CMC,PMU A2. Removal of

boundary walls

Title owners replacement cost in

material, cash, or a

combination of both

According to the actual

loss to repair or rebuild

the structure to original or

better condition.

Replacement of boundary

walls

B. LIVILIHOOD RESTORATION ASSISTANCE

B1. Materials Transport Allowances

Improving

Livelihood of

APs

Relocating APs Cash assistance of LKR

30,000.00 for transport

household items to new

location

Allowances to cover

transport of household

effects.

MIHA&PCLG,

CMC,PMU B2. School Transport Allowances

Improving

Livelihood of

APs

Relocating APs Cash assistance of LKR

10,000.00 to bear

school transport cost

Allowances to cover

school transport cost

B3. Special Assistance

MIHA&PCLG,

CMC,PMU

Effects on

Vulnerable

HHs

Vulnerable APs

including the

poor, elderly

APs, ethnic

minority

households,

female- headed

households,

and disabled

A special grant of

LKR10,000 per

AP/household to

improve living

standards of

vulnerable APs

Assistance, over and

Above payment for

reduce impacts of

resettlement which

can disproportionately

affect the already

vulnerable and to

ensure that the project

does not simply reestablish

poverty, or levels of

vulnerability

/marginalization

B4. Cost for Utility Facilities

Cost for utility

rent of

permanent

house and cost

of telephone

transfer to rent

house

Relocating APs Cash assistance of LKR

11,200.00 to bear

telephone transfer to

rent house and Cash

assistance of

LKR1600.00 to bear

utility rent of

permanent house

Allowances to cover utility

cost

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L. RELOCATION OF HOUSING AND SETTLEMENTS

Following benefits are available for three families for temporary resettlement

a) The three APs will be provided financial compensation to meet all expenditure for house rent

b) Financial assistance will be provided to the three APs to cover the cost of shifting the household

goods in both ways. The APs will be able to resettle at their permanent houses once the

construction work is completed.

c) Transport cost for transporting house hold items and children schooling

d) Compensation for rebuild of diminished front parapet walls of both houses to facilitate the shaft

construction.

e) compensation for utility facility, livelihood restoration

DETAIL OF RENTED FACILITIES

Name of Relocated

Family

Name of the House

Renter

Address of the Rent House Contact details of

the Renter.

Mrs. Chandra

Amarasiri

Manchanayake

Mr. Abudarada

Mohomedu

No. 12, Sri Mahinda Dharma

Mawatha, Dematagoda,

Colombo 9.

0777687200

Mr. Mohomed Illiyas Ms. Fathima

Rizwana Illiyas

No.14, Qurashani Mowlana

Lane, Dematagoda, Colombo 9

0766201264

Mrs. Fathima Farzana Mr. N.K. Mohiden No. 325/A, Modera street,

Colombo 15

0785653149

M. RESETTLEMENT BUDGET AND FINANCING PLAN

The resettlement plan includes cash payment to cover houses rent fee for 12 months, cash payment to

cover children school transport fee and cash payment for transport household items to present location to

rented houses and other payment related to the temporary resettlement.

According to the project document resettlement works financed by Government of Sri Lanka. When

approval granted by Ministry all the compensation will be paid before relocate the people from present

location to their new location.

i. House Lease/Rent: The APs were given the option of finding suitable temporary housing. The

APs have agreed for the project officials also to look for suitable houses for relocation.

Accordingly, the Contractor will assist to search houses through his PRO. If an AP finds the

temporary house and wishes to manage the rent payments on his/her own the total cost of

rent/lease will be granted to the AP upfront once the project is satisfied that the renting

arrangement is satisfactory to ensure one year stay.

ii. Cost of transport of household goods: Full cost allocated under the resettlement budget to cover

two-way transportation cost will be provided to the affected parties at the time of shifting to

temporary house. A letter will be obtained from the AP to that effect.

iii. Cost of transport to school and work place: Provisions are made to cover cost of transport of

the child of a AP family to attend the same school and the lady who needs to reach her work

place, both from the newly resettled house. Total cost will be provided to the AP as a one off

payment at the time of shifting provided that the distance between the resettled house and the pre-

school require vehicle transport. .

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iv. Cost of reinstatement of parapet wall and gates and house repairs: The cost of repairs to the

property damages cost of reconstruction of parapet wall and replacement entrance gates will be

estimated at the completion of the works. Service of an independent party such as NBRO will be

obtained to estimate the repair/rehabilitation cost.

v. Land-use rent: This payment estimate for monthly rent will be calculated by the project officers

and if disputed by the AP it will be obtained from the CMC valuer. Payment will be made

quarterly to the AP/APs.

TABLE-3: DETAILED RESETTLMENT ENTITLEMENT BUDGET

no item Quantity and

unit

Unit cost

Rs.

Duration Total cost

Rs.

01 Provision of rented or

leased house for 12

months

3 families 75,000.00 12 months 2,700,000.00

02 Payment to transport

household items (two

ways

3 families 30,000.00 NA 90,000.00

03 Cost for school and office

transport

02 persons 5,000.00

12 months 120,000.00

04 Special grant for

vulnerable APs

01 person 10,000.00

One single

payment

NA 10,000.00

05 Cost for utility rent of

permanent house

02 house holds 1600.00 NA 3200.00

06 Cost for telephone

transfer to rented houses

02 house holds 11,200.00 Two way 22,400.00

07 Cost for restatement of

parapet walls and front

yards – Provisional sum

02 houses 450,000.00

NA 900,000.00

08 Cost for

repairs/compensation to

houses- Provisional sum

02 houses 150,000.00 NA 300,000.00

09 Cost for awareness of AP

and monitoring works of

resettlement

1 item 24,400.00 NA 24,400.00

Grand Total 4,170,000.00

N. INSTITUTIONAL ARRANGEMENTS

The Ministry of Internal & Home Affairs and Provincial Councils & Local Government is the Project

Executing Agency. The CMC is the implementing agency responsible for implementing the project

activities within the Colombo Municipal Council area. A project management unit (PMU) has been

established within CMC directly under the municipal commissioner and is led by a CMC Engineer at

senior management level as the Project Director with required staff for managing and implementing the

works within CMC service area. Technical support for the project implementation is provided by a team

of consultants lead by a Team Leader for the duration of the Project. Resettlement issues in M 26 sub

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project area will be managed, addressed and coordinated by the sociologist of the PMU with the support

of the Consultant Team Leader.

O. IMPLEMENTATION SCHEDULE

Contractor has already commenced work on construction of shafts (for micro-tunneling) along the

Mallikarama Road. Shaft-6 is already constructed. Shaft-3 is under construction and grouting work for

Shaft 5 has begun. Work related to Shaft 4 has not commenced. Shaft-4 construction will commence after

the completion of resettlement work. Shaft-2 is located in Dematagoda Road and Shaft-1 is located inside

the pump station. Only four shafts are located along the Mallikarama Road. The implementation schedule

of the RP is provided in Table 4.

Table-4: Implementation Schedule Supplementary Resettlement Plan -3 (Indicates activities according to period for compensation and resettlement activities)

No Activity Time line Responsibility

01 Creating awareness among people on

construction activities and GRM of the project

Done November 2017 PMU/Consultant,

Contractor

02 Inspection of the affected houses Done 14th 15

th and 16

th

May 2018

PMU, consultant,

contractor

03 Meeting with APs to inform temporary

resettlement

Done 26th

29th and 30th October

and 14th December

2018 11th 13th 15th

26th 28

th February 2019

PMU, consultant

Meeting with Grama Niladari and APs to sign

consent later and agreement on temporary

relocation

28th February 2019 PMU

04 Approval of final SRP from Ministry Early March 2019 PMU

05 Concurrence of final SRP from ADB Early March 2019 PMU

06 Payment of shifting allowance of LKR 30,000

per HH for transportation house hold items

Early March 2019 PMU

07 Payment of cost of rented houses Early March 2019 PMU

08 Shifting and relocation of families to rented

houses

Early March 2019 PMU/CMC,

contractor

09 Commencement of construction work Early March 2019 PMU, Consultant,

contractor

10 Internal monitoring of relocated families Starting from Early

March 2019

PMU, contractor

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P. MONITORING AND EVALUATION

The resettlement program of the subproject will be monitored internally by the PMU Sociologist and the

Consultants. The objectives of monitoring the resettlement plan implementation are to provide information

to the Project Director on the following.

a. the progress of implementation of temporary resettlement related activities;

b. record and assess project inputs to the APs,

c. problems encountered in the implementation of the RP as early as possible,

d. plan actions for timely resolution of the resettlement related issues, and

e. assess whether compensation, rehabilitation measures are sufficient

The information collected through the monitoring will help to determine whether the temporary

resettlement has any significant adverse impact on the APs and if so to address such issues satisfactorily

and on time.

The objective of RP monitoring is to assist the APs to re-establish/ improve the living standards and help

to adjust to the living in their new environment. The PMU Sociologist will make recommendations for

changes to the RP where necessary to achieve these objectives and report to the PD.

Q. CONCLUSION AND RECOMMENDATIONS

The following recommendations are proposed

to pay Rs. 75,000.00 cash payment per each family, for 12 months to meet house rent cost for

three families

Considering distances from present location to new location it is recommended to pay Rs.

30,000.00 as shifting cost of household items to new houses for 03 families for both ways.

to pay Rs. 5,000.00 cash payment to the school going child and the working lady, per each month,

for 12 months to meet transport cost to the school and working place.

To pay Rs.10, 000.00 cash payment as vulnerable allowances for one HH.

to pay Rs.1600.00 per house hold to bear utility rent for present house

to pay Rs. 11,200.00 cash payment for each house hold, to meet cost of telephone transfer cost to

rent house for two families

make a provisional sum of Rs. 450,000.00 per each household, to repair/reinstate of parapet walls

and gates

make another provisional sum of Rs. 150,000.00 per each household to rectify/repair any potential

damages (only if occurred) due to project construction works.

To support all families those are being temporarily relocated in the rented in houses to adjust to

living in their new surroundings. This activity is proposed to be conducted by the PMU SGRO

with the support of the Consultant and the Contractor. „Institutions of the affected people, and

where relevant, of their hosts, are to be protected and supported. Affected people are to be

assisted to integrate economically and socially into host communities so that adverse impacts on

the host communities are minimized and social harmony is promoted.’ (NIRP, 2001).

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ANNEX-1: List of Affected People at Mallikarama Road

No Name of CHH Address Magnitude of the impact

01 Ms. Chandra Amarasiri

Manchanayake

No. 60/4,Mallikarama

mawatha, Dematagoda,

Colombo 09

About 2000ft2

Temporarily resettled

for occupant safety

02 Ms.Frazana Sharik No. 60/5,Mallikarama

mawatha, Dematagoda,

Colombo 09

About 1000ft2

Temporarily resettled

for occupant safety

03 Mr. Mohamed Ilyas No. 60/5,Mallikarama

mawatha, Dematagoda,

Colombo 09

About 1000ft2

Temporarily resettled

for occupant safety

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ANNEX- 2: Details of the Affected Parties/Families

House No 1

Name of the chief householder (CHH) Ms. Chandra Amarasiri Manchanayake

Address No. 60/4,Mallikarama mawatha, Dematagoda, Colombo

09

Family size 3 members

Religion and ethnicity Sinhala ,Buddhist

Age of family members CHH78 , Son 43 , daughter in low42

Education of family members All up to GCE(AL)

Employment of the CHH Housewife

Monthly income Around Rs. 100,000

Other family member‟s Employment Woking at Private sector

Address & other identification details No. 60/4,Mallikarama mawatha, Dematagoda, Colombo

09 Tele:0112691934

NIC number of CHH 456350097V

GN Division & ward Maligawatta East

Type of community Middle income

Type of road they live public

Use of house For residence purpose

Ownership of house Legal owner

Access to benefit under Samurdhi No

Are there disable members in the family No

Impact on livelihood activity No

Size of the house 2000ft2

Type of roof, Asbestos

Floor type Cement and tiled

Wall type Bricks

Electricity connection & telephone Yes

Source of Water Pipe borne

Toilet facility Yes

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House No 2

Socio economic features Family / House

Name of the chief householder (CHH) Ms.Frazana Sharik

Address No. 60/5,Mallikarama mawatha, Dematagoda, Colombo

09

Family size 2 members

Religion and ethnicity Moor, Islam

Age diversity of family members

(Presently living in the household)

Ms. Frazana Sharik (51 yrs ) Ms. Shakira Sharik(21 yrs )

Education of family members UP to GCE AL

Employment of the CHH Business

Monthly income Around Rs. 150,000

Employment of the spouse Spouse is working in aboard, daughter working as a

teacher

Address & other identification details No. 60/5,Mallikarama mawatha, Dematagoda,

Tele: 2684489

NIC number of CHH 678120286v

GN Division & ward Maligawatta East

Type of community Middle income

Type of road they live public

Use of house For residence purpose

Ownership of house Legal owner

Access to benefit under Samurdhi No

Are there disable members in the family No

Impact on livelihood activity No

Size of the house Ground floor house around 1000ft2

Type of roof Concrete slab

Floor type Tiled

Wall type Brick

Electricity connection & telephone Yes

Source of Water Pipe borne

Toilet facility Yes

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House No 3

Socio economic features Family / House

Name of the chief householder (CHH) Mr. Mohamed Ilyas

Address No. 60/5,Mallikarama mawatha, Dematagoda, Colombo

09

Family size 4 members

Religion and ethnicity Moor ,Islam

Age of family members Mr. Mohamed Illyas (31 yrs )

Ms. Shafra Sharik (28yrs )

Master Lesa Mikaeel (4yrs)

Mikaeel (1and ½ years)

Education of family members UP to GCE AL

Employment of the CHH Sales manager

Monthly income Around 200,000/=

Employment of the spouse No(house wife)

Address & other identification details No. 60/5, Mallikarama Mawatha, Dematagoda,

Tele: 0777110856

NIC number of CHH 8722942521v

GN Division & ward Maligawata East

Type of community Middle income

Type of road they live Public

Use of house Residence purpose

Ownership of house Legal owner

Access to benefit under Samurdhi No

Are there disable members in the family No

Impact on livelihood No

Size of the house Upper floor house around 750ft2

Type of roof Tin sheets and Asbestos sheets,

Floor type Tiled

Wall type Brick

Electricity connection & telephone Yes

Source of Water Pipe borne

Toilet facility Yes

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ANNEX 3: consent letters of the AP

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ANNEX 4 agreement signed by both parties

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ANNEX -5: Community Counsaltation Records

DATE EVENT PLACE PACITIPANTS

26.10.2018 Meeting with APs to

inform temporary

resettlement

At AP‟s House Affected parties, consultant,

Sociologist, PRO to the

contractor and construction

Engineers

November 2018 Socio economic survey

to collect information of

affected parties

At AP‟s House consultant, Sociologist,

29,30,10.2018 and 14

December 2018

Discussion with APs on

gravity of construction

activities and their

safety

At AP‟s House Affected parties, consultant,

Sociologist, CR and PRO to

the contractor, and

construction Engineers

11,13,15,26 February

2019

Discussion with APs to

get concern to relocate

At AP‟s House Affected parties, consultant,

project Director, Sociologist,

CR and PRO to the

contractor and construction

Engineers

28th February 2019 Meeting with Grama

Niladari and APs to sign

consent letters and

agreement on temporary

relocation

At GN office at

Malligawatta

Affected parties, Sociologist,

Grama Niladhari

(Maligawatta East)

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ANNEX-6: Letter to Divisional Secretary

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ANNEX- 7: English translation of the DS latter

Divisional Secretary,

Divisional Secretariat,

Colombo.

Greater Colombo Wastewater Management Project

Temporary Relocation at Mallikarama Road during Rehabilitation works at M26 gravity sewer line

The Greater Colombo Wastewater Management project (GCWMP) aims at improving the urban

environment, public health and quality of life for Urban and sub-urban residents in Colombo through

improved wastewater management in Greater Colombo area. Project funded by Government of Sri

Lanka through Asian Development Bank. The project is implementation by Ministry of Internal & Home

Affairs and Provincial Council & Local Government through Colombo Municipal Council.

The existing gravity sewer line at Mallikarama Road has also being repair under this project and decided

temporary relocate following three families during rehabilitation works considering their health and

safety.

Name of HH Address Address of the Rent house Contact details

Chandra Amarasiri

Manchanayake

60/4, Mallikarama Rd,

Dematagoda

No 10, Sri Mahinda Dharma

Mawatha, Dematagoda

0112691934

Mohamad Illiyas 60/5, Mallikarama Rd,

Dematagoda

No.14, Karshani Mavlana Lane,

Dematagoda

0775513516

Fathima Farshana 60/5, Mallikarama Rd,

Dematagoda

No. 325/A, Modara, Colombo 15 0775513516

Your support and cooperation during temporary relocation of above three families are highly

appreciated.

Project Director,

Greater Colombo Wastewater Management Project