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Resettlement Plan
October 2010
IND: North Karnataka Urban Sector Investment Program
Prepared by M/s DHV India (Pvt) Ltd. for the Asian Development Bank.
GOVERNMENT OF KARNATAKA
KARNATAKA URBAN INFRASTRUCTURE DEVELOPMENT AND
FINANCE CORPORATION
NORTH KARNATAKA URBAN SECTOR INVESTMENT PROGRAM, PACKAGE - 3 (ADB Loan No. IND - 2638)
REVISED SHORT RESETTLEMENT PLAN FOR SHAHABAD JACKWELL CUM PUMP
HOUSE CONNECTIVE LINE AND WTP
A. DHV India Pvt. Ltd. GDA Complex, Veerendra Patil Layout,
Sedam Road, Shahabad– 585105 October – 2010
BIDAR
GULBARGA
BIJAPUR
RAICHURBAGALKOTE
BELGAUM
DHARWADGADAG
KOPPAL
BELLARY
DAVANAGERE
CHITRADURGA
TUMKUR
KOLAR
BANGALORE
BANGALORERURAL
HASSAN
CHIKMAGALUR
SHIMOGA
HAVERI
UDUPI
D.KANNADA
Mangalore
KODAGU
CHAMARAJANAGAR
MYSORE
MANDYA
URBAN
Jamakandi
TAMILNADU
A N D H R A P R A D E S H
M A H A R A S H T R A
K E R A L A
L A K S H A D W E E P S E A
A R A B I A N S E A
G O A
Nippani
Dandeli
KarwarU.KANNADA
SHAHABAD
YADGIR
BASAVAKALYAN
NKUSIP PAGE – III - TOWNS
1. Gulbarga 2. Yadgir 3. Shahabad 4. Bidar 5. Basavakalyan
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535455
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Temple
Bheema River
Karnataka urban Infrastructure Develpoment &Finance Corporation
Checked by:
Dwg.No.
Title
Project
Rew.
Drawn by : Approved by:0
Date :
Land for jackwell and Laying connecting main from intaketo Jackwell in Sy No - 53 of Hungunta village of 1.50 Acres
Client
Consultant DHV India Pvt. LtdGDA Complex,Veerandra Patil LayoutSedam Road Gulbarga
North Karnataka Urban Sector Investment Program
Scale :NTS
20.10.2009
Figure : 10
DHV/SBD/WS/DPR/RS Map-001
A V J M H T L
Proposed Jack Well
TOWN : SHAHABAD
Proposed Intake
VILLAGAHUNGUNTA
VILLAGE
HUNGUNTA
30.0
30.00Proposed Fencing
Approach road
Figure 1. Proposed Jack Well cum Pump House connective line (1.50 acres on Private land)
GL
GL
GLGL
GLGL
GL
800MMØ RCC PIPE SLOPE- 1 IN 1500
150.00
800MM Ø RCC HUME PIPE SLOPE 1 IN 1500
PLAN
LONGITUDINAL SECTION
800MM Ø RCC NP3 HUME PIPE
CONNECTING MAIN FROM INTAKE WELL TO JACK WELL
INSPECTION CHAMBER
INTAKE WELL
RIVER BED LEVEL IN MTS
INVERT LEVELIN MTS
PIPE DIA IN MM
CHAINAGE IN MTS
TOWN : SHAHABAD
CHAINAGE 0.00MTS TO 150.00MTS
GLGLGLGL
GLGLGLGL
GLGL
800MMØ RCC PIPE SLOPE- 1 IN 1500
135.00
800MM Ø RCC HUME PIPE SLOPE 1 IN 1500
800MM Ø RCC NP3 HUME PIPE
PLAN
SECTION
CONNECTING MAIN FROM INTAKE WELL TO JACK WELL
CHAINAGE 150.00MTS TO 285.00MTS
PUMP HOUSE FLOOR LEVEL 384.00
SLAB INVERT LEVEL 390.00
RCC CHEJJA INVERT LEVEL 387.00
GL 383.00
SECTION
H F L 382.50
8.00
8.00
0.65
0.20
PIPE INVERT LEVEL 365.87
PUMP SUCTION LEVEL 363.87
RCC CHEJJA RCC CHEJJA
ACCESS LADER
10.20
BOTTOM INVERT LEVEL 362.87
0.6
FLOO R BEAM
6.00
9.80
0.80
GL
INSPECTION CHAMBERAT 140.00MTS
TOWN : SHAHABAD
ConsultantDHV India Pvt. Ltd.Opp. GDA ComplexVeerendra Patil LayoutSedam Road Gulbarga
Karnataka urban Infrastructure Develpoment & Finance Corporation
Checked:
Project North Karnataka Urban Sector Investment Program
Drawing no: DHV/SBD/WS/DPR/HW-001 Rew.: Date: 20.10.2009
Drawn by: Approved: Scale:
A V J
0
1:250
Figure : 11
M H T L
UP
2009 H F L 374.999
1500
SLPOE/GRADIENT:
SCALE:1:1500
H-1500
V-1000
DEPTH OF CUTTING
1000
Title
Client
Land for jackwell and Laying connecting main from intake toJackwell in Sy No - 53 of Hungunta village of 1.50 Acres
178
290
181189179
193
195
196 197
3783
171179176
177
183
182
184
185
Karnataka urban Infrastructure Develpoment &Finance Corporation
Checked by:
Dwg.No.
Title
Project
Rew.
Drawn by : Approved by:0
Date :
Land measuring 2 Acres for WTP in Survey No 184 ofShahabad Town
Client
Consultant DHV India Pvt. LtdGDA Complex,Veerandra Patil LayoutSedam Road Gulbarga
North Karnataka Urban Sector Investment Program
Scale :NTS
20.10.2009
Figure :27
DHV/SBD/SWR/DPR/WTP-001
A V J
TOWN : SHAHABAD
M H T L
Raw
Wat
er P
umpi
ng M
ain
RS MAP OF SHAHABAD TOWN
Ex. GLSRGround Level=421.49Top Level=425.76
FLOCCULATORAND SETTLINGTANK
Foot Bridge
Fencing
Washout Water Sump10m Dia
11.9916
8.0000
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5
6
9
10
12
13
14
15
16
19
18
20
21
22
25
23
(4000X3615)
11 1
23
17
8 7
24
24
Figure 2. Site Plan for Proposed Water Treatment Plant (2.0 acres on Institution Land)
ABBREVIATIONS
ADB – Asian Development Bank BPL – Below Poverty Line CBO – Community Based Organization CDO – Community Development Officer CDP – Community Development Plan CMC – City Municipal Corporation DLVC – District Level Valuation Committee DMA – Directorate of Municipal Administration DSW – Department of Social Welfare DSWO – District Social Welfare Officer DTW – Department of Tribal Welfare DTWO – District Tribal Welfare Officer GRC HKE
– –
Grievance Redressal Committee Hyderabad Karnataka Education
IEE – Initial Environmental Examination IPDF – Indigenous People Development Framework IPDP – Indigenous People Development Plan IPMU – Investment Project Management Unit KUIDFC – Karnataka Urban Infrastructure Development
and Finance Corporation KUWSDB – Karnataka Urban Water Supply and Drainage Board LAA – Land Acquisition Act M&E MFF
– –
Monitoring and Evaluation Multi-Tranche Financing Facility
NGO – Non-Government Organization NKUSIP – North Karnataka Urban Sector Investment Program NOC – No Objection Certificate PMU – Project Management Unit PWD – Public work Department SRP TMC
– –
short resettlement plan Town Municipal Council
ULB – Urban Local Body WTP – Water Treatment Plant
WEIGHTS AND MEASURES
km – kilometer MLD – Million liters per day
This 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.
CONTENTS
Page
EXECUTIVE SUMMARY
I. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 1 A. Introduction 1 B. Scope of Land Acquisition and Resettlement 1
II. SOCIOECONOMIC INFORMATION/PROFILE OF AFFECTED PEOPLE 6
A. Household Size, Sex, and Gender 6 B. Vulnerable Groups 6 C. Unit Costs for Land 6 D. Income, Employment, Education, and other Household Details 6 E. Seasonal Laborers 7
III. OBJECTIVE, FRAMEWORK AND ENTITLEMENTS 9
IV. CONSULTATION AND GRIEVANCE REDRESS PARTICIPATION 15 A. Information Dissemination, Consultation, and Disclosure Requirement 15 B. Grievance Redressal Mechanisms 15
V. COMPENSATION AND INCOME RESTORATION 18
A. Compensation 18 B. Income Restoration 18
VI. INSTITUTIONAL FRAMEWORK 19
VII. RESETTLEMENT BUDGET AND FINANCING 21
VIII. IMPLEMENTATION SCHEDULE 22
IX. MONITORING AND EVALUATION 22
APPENDIXES 1. List of Participants/Officials Consulted 23 2. Legal Documents of Proposed WTP and Jackwell Land Owners 24 3. Notification of Proposed WTP and Jackwell Land Owners 25 4. Socio - Economic Data of Proposed Jackwell Land Owner 26 5. Photos of Proposed WTP and Jackwell Land Owners 27
EXECUTIVE SUMMARY 1. The North Karnataka Urban Sector Investment Program (NKUSIP) facilitates economic growth in 25 selected towns of North Karnataka and bring about urban development by means of equitable distribution of urban services in an environmentally sound and operationally sustainable manner. Tranche II of the program is to focus on rehabilitation and construction of water supply, sewerage, and urban drainage infrastructure as well as slum improvements and procurement of firefighting and emergency services equipment. Shahabad subprojects include water supply and slum improvements. The Investment Program is designed to minimize land acquisition and resettlement impacts. 2. The Project is designed to minimize land acquisition and resettlement impacts. Subprojects involving construction of water supply, sewerage and sanitation systems, and drainage improvements are proposed on vacant government land wherever possible, and any rehabilitation is proposed within existing facilities to avoid land acquisition and resettlement. Overall impacts will be further minimized through careful siting and alignment during detailed design and subproject implementation. 3. The Shahabad subproject is Category B based on the Asian Development Bank’s (ADB) policy. The land acquisition was earlier proposed for 2.5 acres which included 2.0 acres in Survey No. 184 for the construction of Water Treatment Plants (WTP), 0.25 acres for Jack Well and 0.25 acres for construction of elevated water reservoir. But on modification of the plan for the subproject, it is proposed to have 2.0 acres for water supply, 0.25 acre for the Jack Well and 1.25 acres for laying connecting main from intake well to Jack Well. Initially the acquisition was 0.25 acres for Jack Well in survey number 53 and the additional land of 1.25 acres is also in the same survey and belongs to the same affected persons. With these modifications in design, the Resettlement Plan is presently modified and submitted to cover 3.5 acres. For land acquisition, 6 (1) notification has been issued on 20 July 2010 for 2.25 acres and 4 (1) notification issued for 1.25 acres on 28 July 2010. With modifications, the land acquisition will impact one household, (19 affected persons), and one institution. The Resettlement Plan was prepared in accordance with the agreed Resettlement Framework designed for the Multi-Tranche Financing Facility (MFF). 4. Table 1 provides the summary of the resettlement impacts, Table 2 shows a summary of the subproject components and land acquisition requirements, and in Table 3, a detailed summary of land acquisition and ownership is provided. Impacts in Shahabad occur to vacant dry land (for WTP) or agricultural plots (Jack Well pump house) with no structures or illegal settlers. The land takings account for only a partial amount of the title-holders total landholding. Affected persons in Shahabad are characterized as follows: (i) one vulnerable (below poverty line [BPL]) agricultural titled household; and (ii) one institutional titled owner, the Hyderabad Karnataka Education Society (HKE Society). The Resettlement Plan provides for appropriate compensation/mitigation measures for loss of land, crops, and income in accordance with the entitlement matrix (Table 5). No permanent or temporary land acquisition is anticipated for the laying of distribution networks as works are proposed within the existing roads. Any temporary impacts will be finalized during detailed design and minimized through careful siting, alignment, and site sensitive construction practices during subproject implementation. 5. Policy Framework and Entitlements. The policy frame work and entitlements for the investment Program are based on National laws. The Land Acquisition Act, 1894 (amended in 1984) and the National Policy on Resettlement and Rehabilitation for Investment Program, Affected Persons 2003 and ADB’s policy on Involuntary Resettlement, 1995.
ii
6. Compensation and Income Restoration. Loss of land, structures, trees, crops and other assets will be compensated at replacement cost. A District Level Valuation Committee (DLVC) will be constituted with the representation from the Deputy Commissioner, Land Acquisition Officer (LAO) accounts officer of the Deputy Commissioner, Shahabad Urban Local Body (ULB), Resettlement Officer, Program Management Unit (PMU), affected persons, Non Governmental Organizations (NGO) and Community Based Organizations (CBOs) to determine the replacement value of land and assets to be acquired. Vulnerable households will be provided skills and livelihood trainings and income generating assets as per the Entitlement Matrix. Information dissemination, consultation, disclosure and grievance redress. The Resettlement Plan was prepared in consultation with the stakeholders. Discussions and meetings were held involving stake holders, particularly the affected households, to determine the potential impacts of land acquisition. The RP will be disclosed in ADB’s and Karnataka Urban Infrastructure Development and Finance Corporation’s (KUIDFC) website, and information dissemination and consultation will continue throughout program implementation. 7. Grievances will be brought first to the attention of implementing NGO or Shahabad ULB Resettlemet Officer. Grievances not redressed by the NGO or Resettlement Officer will be brought to Grievance Redressal Committee (GRC) established at Shahabad District headquarters. GRCs will have representation from affected persons households (including vulnerable), Shahabad ULB, the executing agency, NGOs and CBOs. The GRC will determine the merit of each grievance and resolve the grievance within one month from receiving the complaint, failing which the grievance will be addressed by the Deputy Commissioner. The Deputy Commissioner will hear appeals against the decisions of the GRC. If not resolved, the grievances will be referred by affected persons to appropriate Courts of Law. 8. Institutional framework, resettlement costs, and implementation schedule. KUIDFC is the executing agency responsible for implementing the investment program. Shahabad ULB will act as the implementing agency. A dedicated officer at the PMU and LAOs at the sub-divisional offices will coordinate land acquisition and resettlement activities. The Resettlement Officer, Shahabad ULB and Implementing NGO will be responsible for the resettlement plan implementation. DLVC will decide the cost of land acquisition and resettlement for WTP in HKE Society and Jack Well Cum Pump House near Hungunta Village of Shahabad. 9. Monitoring and Evaluation. The short resettlement plan (SRP) implementation will be closely monitored to provide the PMU with an effective basis for assessing the resettlement progress and identifying potential difficulties and problems. Internal monitoring will be undertaken by the Shahabad ULB to track the indicators such as: the number of families affected, resettled, assistance extended, infrastructure facilities provided, and financial aspects (i.e. compensation paid and grant extended). Job charts will be prepared and these will indicate the targets to be achieved during the month. Monthly progress report will be prepared and submitted by the NGO to the PMU, reporting actual achievements against the targets fixed in their respective job charts and reasons for shortfalls, if any. The PMU will be responsible for managing and maintaining affected persons database, documenting result of census, and verifying the asset for assessing the SRP implantation impacts. The PMU will appoint an independent agency to undertake external monitoring of documents which include: (i) restoration of income levels; (ii) changes and shifts in occupation pattern; and (iii) performance of NGO/Shahabad ULB and PMU in resettlement implementation. The independent agency will monitor the subprojects twice a year and submit reports directly to the PMU. The PMU will submit all reports to ADB for review on a quarterly basis.
I. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
A. In troduction
1. The Investment Program will facilitate economic growth in 25 selected towns of North Karnataka and bring about urban development by means of equitable distribution of urban services in an environmentally sound and operationally sustainable manner. Tranche II improvements focus on rehabilitation and construction of water supply, sewerage, and urban drainage infrastructure as well as slum improvements and procurement of firefighting and emergency services equipment. Shahabad subprojects include water supply and slum improvements. The Investment Program is designed to minimize land acquisition and resettlement impacts. B. Scope of Land Acquis ition and Res e ttlement
2. The Project is designed to minimize land acquisition and resettlement impacts. Subprojects involving construction of water supply, sewerage and sanitation systems, and drainage improvements are proposed on vacant government land wherever possible, and any rehabilitation is proposed within the existing facilities to avoid land acquisition and resettlement. 3. The Shahabad subproject is Category B as per Asian Development Bank’s (ADB) policy. The land acquisition was earlier proposed for 2.5 acres which included 2.acres in Survey No. 184 for the construction of Water Treatment Plants (WTP), 0.25 acres for Jack Well, and 0.25 acres for construction of elevated water reservoir. But on modification of the plan for the subproject, it is proposed to have 2.0 acres for water supply, 0.25 acres for the Jack Well and 1.25 acres for lying connecting main from intake well to Jack Well. Initially the acquisition was 0.25 acres for the Jack Well in survey number 53 and the additional land of 1.25 acres is also in the same survey and belongs to the same affected persons. With these modifications in design, the Resettlement Plan is presently modified and submitted to cover 3.5 acre. For land acquisition, 6 (1) notification has been issued on 20 July 2010 for 2.25 acres and 4 (1) notification issued for 1.25 acres on 28 July 2010. With modifications, the land acquisition will impact one household (19 affected persons), and one institution. The Resettlement Plan was prepared in accordance with the agreed Resettlement Framework designed for the Multi-Tranche Financing Facility (MFF). 4. Table 1 provides the summary of the resettlement impacts, Table 2 shows a summary of the subproject components and land acquisition requirements and Table 3, a detailed summary of land acquisition and ownership is provided. Impacts in Shahabad occur to vacant dry land (for WTP) or agricultural plots (Jack Well/pump house) with no structures or illegal settlers. The land accounts for only a partial amount of the title-holders total landholding. Affected persons in Shahabad are characterized as follows: (i) one agricultural titled household; and (ii) one institutional titled owner, the Hyderabad Karnataka Education Society. There is one vulnerable household living below poverty line (BPL). The Resettlement Plan includes socio-economic profiles of the affected persons (Table 4) and provides for appropriate compensation/mitigation measures for loss of land, crops, and income in accordance with the entitlement matrix (Table 1.5. No permanent or temporary land acquisition is anticipated for the laying of distribution networks as works are proposed within the existing road. Any temporary impacts will be finalized during detailed design and minimized through careful siting, alignment, and site sensitive construction practices during subproject implementation. The detailed information on land acquisition required for the WTP, Jack Well and pipeline laying is presented in Table 6.
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Table 1: Summary of the Resettlement Impact
Impact Shahabad Water Supply and Slums
Subprojects Permanent Land Acquisition (acres) 3.50 Permanently Affected Households ( 1 household (19 affected persons) and
1 institution Titled Affected Households 1+1 Non-Titled Affected Households 0 BPL Affected Households 1 Female-headed Affected Households 0 Indigenous People/Schedule Caste Affected Households
0
Affected Trees/Crops 0 trees Crops – Jowar, green gram
Affected – Community Structures 0 Average Family Size 19 Income Sources of affected persons Farming/Agriculture
BPL = below poverty line
km = kilometers, HKE = Hyderabad Karnataka Education Society, MLD = million liters per day, WTP = Water Treatment Plant
Table 2: Proposed Subproject Components and Land Acquisition requirements
SN. No. Sector Subproject Components Scope of Land Acquisition and Resettlement
Involuntary Resettlement
Category
(i)
Water supply
Laying of water network for one Zone 34.50 km length to cater to a future 2041 population size of 99,570.
Pipe laying for water will be within road corridors, possibly requiring temporary relocation of hawkers. Temporary impacts possible. To be determined at detailed design
B
Developing a Water Treatment Plant of 14.5 MLD to cater to a future 2041 population size of 99,570.
WTP to be constructed on 2.0 acres of private land owned by institutional body, the HKE Society. Land Acquisition required. No Displacement envisaged.
Jack Well Cum Pump House Jack Well Cum Pump House, pipeline laying 1.50 acre private agriculture land near Hungunta Village. Land Acquisition required. No Displacement envisaged
Total Private Land Acquisition 3.50 acres
3 Table 3: Summary of land acquisition and ownership details
(Details of Land Proposed for Acquisition of WTP and Jack Well cum Pump House)
Sl. No.
Survey No. Component Private owned Owner Name
Proposed Land for
acquisition Soil Type Land Type Crops
No. of Affected Persons
1 184 WTP Private President of HKE Society 2.00 acres Black Dis-integrate rock
Open land Not Applicable
2 53 Jack Well
Pump Private Sidram Saibanna Karolli 1.50 acres Black Dry Jowar and
Green gram
19
HKE = Hyderabad Karnataka Education Society, WTP = Water Treatment Plant
4 Table 4: Socio-Economic Data of Affected Persons
Sl. N
o.
Nam
e of
Lan
d ow
ner (
nam
es
take
n ou
t for
pr
ivac
y)
Hou
seho
ld
Mem
bers
R
elat
ion
with
La
nd O
wne
r
Age
Sex
Educ
atio
n
Mai
n O
ccup
atio
n
Subs
idia
ry
Occ
upat
ion
Tota
l ext
ent o
f la
nd u
nder
Po
sses
sion
in
acre
Tota
l Ext
ent o
f La
nd P
ropo
sed
for A
cqui
sitio
n in
acr
e
Ave
rage
ann
ual
inco
me
of
Hou
seho
ld
Ave
rage
ann
ual
inco
me
from
af
fect
ed L
and
Hou
seho
ld
Ass
ets
Jack Well Pump Site (1.50 acre)
1 Owner 55 Male 5th Agriculture Agriculture 1.50 1.50 acre 12,000 4,000 TV 2 Wife 50 Female Illiterate Agriculture Agriculture
3 Son-1 30 Male Illiterate Agriculture Coolie 4 Daughter in
law 25 Female Illiterate Agriculture Coolie
5 Grand son 8 Male - - - 6 Grand
Daughter 6 Female 1st Studying -
7 Grand
Daughter 5 Female - - -
8 Son-2 28 Male Illiterate Agriculture Coolie
9 Daughter in law
26 Female Illiterate Agriculture Coolie
10 Grand Daughter
7 Female 1st Studying -
11 Grand Son 5 Male - - - 12 Grand
Daughter 3 Female - - -
13 Grand Son 1 Male - - - 14 Son -3 27 Male PUC Agriculture Coolie 15 Daughter in
law 25 Female PUC Agriculture Coolie
16 Son -4 25 Male Illiterate Agriculture Coolie 17 Daughter in
law 23 Female Illiterate Agriculture Coolie
18 Son -5 19 Male PUC Studying
19 Daughter 18 Female PUC Studying
5 WTP Land belongs to HKE Society Margoll College (2.00 acre).
HKE = Hyderabad Karnataka Education Society, WTP = Water Treatment Plant Note: - This land is inherited by Sidram from his Grandfather presently cultivates but he does not have legal documents (panni) on his name. He is instructed to submit the legal documents about his legal ownership period.
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II. SOCIOECONOMIC INFORMATION/PROFILE OF AFFECTED PEOPLE
5. The land owners of Shahabad are identified in survey number 184. Survey number 53 of Hunugunta Village belongs to Hyderabad Karnataka Education Society (HKE). A survey of the persons affected with the acquisition is one household and 19 affected persons were carried in 2 and 27 June 2009. This Resettlement Plan has been updated in accordance with detailed design and finalization of the technical design. Subsequent government 6(1) notifications are issued on 20 July 2010 (for 2.00 acres of land for Water Treatment Plant (WTP) and 0.25 acres for Jack Well), for Jack Well cum pump house 1.25 acres of land, 4(1) notification are issued on 28 July 2010. Table 4 shows the socioeconomic data of the 19 affected persons. The president of HKE Society has given the details regarding society land. Land records were also checked to verify the details of ownership. The Government expressed an interest to engage in direct negotiations with the land owners. The land owners indicated that the Government should consider existing market price of the land and should compensate accordingly since they believe that the proposed WTP land is in the city limit which is going to give them a good market price. A. Hous ehold Size, Sex, and Gender
6. The average family size among the surveyed affected households is 10. One affected household with 19 members, compose of 9 male and 10 female. The affected person lives in his own house away from the proposed land for acquisition. 7. Gender Impacts. The NKUSIP is designed to have a positive impact on women, resulting from better service delivery systems in water supply facilities at the city level and in low income/below poverty line households. None of the survey numbers proposed for acquisition belongs to female-headed households. The proposed land acquisition and the socioeconomic status will not have any potential impacts on female members of affected households. A Gender Action Plan GAP) will be implemented as part of the Project to increase female participation. B. Vulnerable Groups
8. One affected household qualifies as vulnerable under the Project as they are below the poverty line (BPL). The urban poverty line for entire Urban Karnataka as prescribed by the Swarna Jayanthi Shahari Rozgar Yojane (National Poverty Alleviation Programme) and followed by the Urban Local Body (ULBs) is Rs. 23,124 and is considered as below poverty line (BPL) families. According to Table 4, the annual income of the affected BPL household is Rs 12, 000 per year. C. Unit Cos ts for Land
9. The unit cost per acre of WTP land is Rs. 83,750, for Jack Well Cum Pump House site costs Rs. 72, 500 consistent with Government rates. The landowners are interested to give up/sell the land as per the existing market price. The residual land of both households is still considered viable for agricultural production. D. Income, Employment, Educa tion , and other Hous ehold Details
10. The farm family having land at the site for Jack Well has agriculture as their source of income and the family members are not working in any public, government, or private institutions. The land proposed to be acquired forms part of their total holdings. The affected households own other farm lands, which is under cultivation. All affected persons speak the
7
7
same language (Kannada) as that of mainstream society. They belong to Hindu religion, and the Talwar Caste, and it is found that they do not practice or possess any traditional knowledge, different from the mainstream society. Of the affected persons, 16% are found to be literate and the children are studying in primary level and youth undergoing Pre-University Course (PUC) education. The proposed Jack Well land owner has ration cards and all the adult affected persons are enrolled in the voters list. The landowners grow jowar and green gram. No fruit bearing trees are found. The proposed Jack Well landowner cultivates the land with their own resources and it is found that surveyed landowner does not have outstanding crop loan.
Table.5: Extent and percentage of Private Land acquired for water supply systems
Sl. No Component Name of the land owner
(names taken out for privacy)
Total land holding
Total Land acquired
Percentage of land acquired
1 WTP 27.95 2 0.71 2 Jack Well 21.375 1.5 0.7 WTP = Water Treatment Plant E. Seas onal Laborers
11. The discussion with the proposed Jack Well land owner reveals that they cultivate the land with the help of family and seasonal agriculture laborers. As the extent of land proposed for acquisition is small, there is no major agricultural activity. However, Shahabad ULB will acquire the land during non-harvesting or post harvesting period, to minimize impacts on agricultural labor in the Investment Program site.
8 Checklist followed for identification of Indigenous People – Shahabad WTP and Jack Well cum Pump House site
Impact on Indigenous Peoples/Ethnic Minority Not Known
Yes No Remarks or identified problems, if any
Are there Indigenous People or Ethnic Minority groups present in Investment Program locations?
ADB’s Indigenous Policy uses the following characteristics to define indigenous people (i) descent from population groups present in a given area before territories were defined; (ii) maintenance of cultural and social identities separate from dominant societies and cultures; (iii) self-identification and identification by others as being part of a distinct cultural group; linguistic identity different from that of dominant society; (v) social, cultural, economic, and political traditions and institutions distinct from dominant culture; (vi) economic systems oriented more towards traditional production systems rather than mainstream; and (vii) unique ties and attachments to traditional habitats and ancestral territories. Likewise, the President of India under Article 342 of the Constitution uses the following characteristics to define indigenous peoples (Scheduled Tribes ), (i) tribes primitive traits; (ii) distinctive culture; (iii) shyness with the public at large;(iv) geographical isolation; and (v) social and economic backwardness before notifying them as a Scheduled Tribe. Essentially, indigenous people have a social and cultural identity distinct from the ‘mainstream’ society that makes them vulnerable to being overlooked or marginalized in the development processes. No affected person possesses the characteristics of indigenous people based on government or ADB’s policy. The land acquisition and resettlement impacts on indigenous people, if found during detailed design, are addressed in the Resettlement Framework for NKUSIP.
Do they maintain distinctive customs or economic activities that may make them vulnerable to hardship?
Will the Investment Program restrict their economic and social activity and make them particularly vulnerable in the context of Investment Program?
Will the Investment Program change their socioeconomic and cultural integrity?
Will the Investment Program disrupt their community life? Will the Investment Program positively affect their health, education, livelihood or social security status?
Will the Investment Program negatively affect their health, education, livelihood or social security status?
Will the Investment Program alter or undermine the recognition of their knowledge, preclude customary behaviors or undermine customary institutions?
In case no disruption of indigenous community life as a whole, will there be loss of housing, strip of land, crops, trees and other fixed assets owned or controlled by individual indigenous households?
ADB = Asian Development Bank, NKUSIP = North Karnataka Urban Sector Investment Program, WTP = Water Treatment Plant
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III. OBJECTIVE, FRAMEWORK AND ENTITLEMENTS
12. The NKUSIP Resettlement Framework outlines the objectives, principles and procedures for land acquisition, compensation and other assistance measures for affected persons. For the formulation of this Short Resettlement Plan, the resettlement principles outlined in the Resettlement Framework are adopted.
(i) Involuntary resettlement should be avoided wherever feasible. (ii) Where population displacement is unavoidable, it should be minimized by
providing viable livelihood options. (iii) If individuals or a community must lose all or part of their land, means of
livelihood, or social support systems, in order that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored at the pre-project level. All compensation is based on the principle of replacement cost.
(iv) Each involuntary resettlement is conceived and executed as part of a development project or program. The affected persons need to be provided with sufficient resources to reestablish their livelihoods and homes with time-bound action in co-ordination with civil works.
(v) The affected people are to be fully informed and closely consulted. Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits.
(vi) 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.
(vii) The absence of a formal title to land is not a bar to Asian Development Bank’s (ADB) policy entitlements.
(viii) Particular attention must be paid to the needs of the poorest affected people, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socioeconomic status.
(ix) The full resettlement costs are to be included in the presentation of project costs and benefits.
13. Entitlements. The Entitlement Matrix provides guidance for compensation, resettlement, and rehabilitation assistance planning. Lack of title/customary rights recognized under the law will not be a bar to entitlement. Hence, non-titled encroachers and squatters as well as indigenous or other groups with customary rights over land or resources, if present in the project area, will be eligible for compensation (the Entitlement Matrix provides additional entitlements to vulnerable person). However, people moving into the project area after the cut-off date1
1 The date of 4(1) notification, issued through the Deputy Commissioner to intimate landowners about the Shahabad sub-project and land acquisition,
will be considered as cut-off date to finalize the list of titled affected persons. Any person who was not enumerated but can show documentation or evidence that he/she is rightfully an entitled person will be included in the list of affected persons. The Program Management Unit (PMU) is responsible for such verification and adjustment.
are
10
not entitled to compensation or other assistance. The Entitlement Matrix lists various types of losses, identification/eligibility and entitlements, which provides basic parameters for preparation of compensation and resettlement benefits. The Entitlement Matrix provides for all possible categories of losses to ensure that all resettlement impacts of all subproject components to be finalized during detailed design will be addressed. The Entitlement Matrix is provided in Table 6.
11 Table 6: Entitlement Matrix
SI No.
Type of Loss Application
Definition of Entitled Person Compensation Policy Implementation Issues Responsible Agency
1 Loss of private land
Homestead land, agricultural land, or vacant plot
Owner (s) with legal title
1. Replacement/market value of land or land-for-land where feasible (including compensation for non-viable residual portions).
2. Subsistence allowance2
3. Free transport facility or shifting assistance;
based on three months minimum wage rates.
3
4. Provision of all fees, taxes, and other charges (registration, etc.) incurred for replacement land.
5. Additional compensation for vulnerable4
If land-for-land is offered, ownership will be in the name of original landowner(s).
households (Item 4).
5
Charges will be limited to those for land purchased within a year of compensation payment and for land of equivalent size.
Vulnerable households will be identified during the census conducted as a part of the Resettlement Plan.
DLVC6
will determine replacement value.
ULB will confirm minimum wage rates during detailed socio-economic surveys conducted as part of the Resettlement Plan, determine shifting assistance, verify all charges, and identify vulnerable households.
2 Loss of livelihood
Livelihood Business owner, tenant, leaseholder, or employee/agricultural worker
1. Assistance for lost income based on three months minimum wage rates.
2. Additional compensation for vulnerable households (Item 4).
Vulnerable households will be identified during the census conducted as a part of the Resettlement Plan.
ULB will confirm minimum wage rates during detailed socio-economic surveys conducted as part of the Resettlement Plan, and through NGOs will determine assistance for loss of business, and will identify vulnerable households.
3 Loss of trees and crops
Standing trees and crop
Owner/ farmer with legal title, tenants, leaseholders, sharecroppers,
1. Notice to harvest standing seasonal crops.
2. If notice cannot be provided, compensation for standing crop (or
Harvesting prior to acquisition will be accommodated to the extent possible
ULB will ensure provision of notice. DLVC will request the
2 Subsistence allowance is a transitional allowance for APs provided for utilization/consumption until an alternate source of livelihood is obtained. 3 Shifting assistance will be a one-time payment decided based on the amount of material/assets to be shifted and the distance. Alternatively the ULB may provide free transport facilities. 4 Vulnerable household comprise female-headed household, disabled-headed household, indigenous person-headed households and Below Poverty Line households. 5 Joint ownership in the name of husband and wife will be offered in case of non-female-headed households. 6 The District Level Valuation Committee (DLVC) chaired by Deputy Commissioner will be responsible for determining the Replacement Value of land and structures. Other members of the DLVC
shall comprise the Land Acquisition Officer of the Project Management Unit (IPMU), the ULB’s Resettlement Officer, representative of the Affected Persons, and the implementing NGO.
12 encroachers or squatters
share of crop for sharecroppers) at market value.
3. Compensation for perennial crops and fruit bearing trees at annual net product market value multiplied by remaining productive years.
4. Compensation for non-fruit trees at market value of timber.
5. Subsistence allowance for one cropping cycle in case of seasonal crops.
Work schedules will avoid harvest season.
Market value of trees/crops has to be determined.
Departments of Agriculture, Forest, and Horticulture to undertake valuation of standing crops, perennial crops and trees. DLVC will finalize compensation rates in consultation with affected persons.
4 Impacts on vulnerable affected persons7
All impacts
Vulnerable affected persons
1. Land.
2.
Further to Item 1, in case of loss of private land, land-for-land compensation if feasible/available. Livelihood.
Vulnerable households will be identified during the census conducted as a part of the Resettlement Plan.
Vulnerable households will be prioritized in Investment Program employment. Skills training and subsistence allowance based on three months minimum wage rates to augment current livelihood. Assistance up to a maximum limit of Rs.30,000 for purchase of income generating assets.
If land-for-land is offered, ownership in the name of original landowner(s).
ULB will identify vulnerable households, confirm minimum wages, and through NGOs will determine assistance for loss of business.
5 Temporary disruption of livelihood
Commercial and agricultural activities
Owners, tenants, leaseholders, sharecroppers, employee/agricultural workers, hawkers or vendors.
1. Provision of alternative sites for hawkers and vendors for continued economic activity will be part of project design where possible.
2. In case alternative sites cannot be provided, allowance based on minimum wage rate will be provided.
3. Free transport facility or shifting assistance.
4. Compensation for agricultural losses (Item 3).
During construction, the ULB will identify alternative temporary sites for vendors and hawkers to continue economic activity.
ULB and IPMU will ensure civil works will be phased to minimize disruption.
ULB will identify alternative sites for economic activity, and will confirm minimum wage.
6 Any other loss not identified
1. Unanticipated involuntary impacts shall be documented and mitigated based on the principles provided in the ADB Involuntary Resettlement Policy.
ULB
ADB = Asian Development Bank, DLVC = District Level Valuation Committee, IPMU = Investment Project Management Unit, NGO = Non-Government Organization, ULB = Urban Local Body
7 Vulnerable household comprise female-headed household, disabled-headed household, indigenous person-headed households and below poverty line (BPL) households.
13 Note: Based on the Land Acquisition Act, 1894 (Amended in 1984) and the Nation Policy on Resettlement for Investment Program Affected Persons, 2003. DLVC: The District Level Valuation Committee chaired by Deputy Commissioner will be responsible for determining the Replacement Value of land and structures. Other members of the DLVC shall comprise the Land Acquisition Officer of the Project Management Unit (PMU), the ULB’s Resettlement Officer, representative of the Affected Persons, and the implementing NGOs.
Table 7: Statement on 3.50 Acres of Land Acquisition for proposed WTP and Jack Well Cum Pump House for Shahabad town
Sl No. Details For 3.50 Acres of Land Remarks
1 Number of Landowners 02 One site belongs to an institution, the HKE society and another one private agriculture land.
2 Number of affected farming families 01 3 Number of affected persons 19 (Proposed Jack Well land
owner) Socioeconomic to be updated based on 6(1) notification and for additional land, after 4(1) notification
4 Crops impacted Yes (no fruit bearing trees) - 5 Budget Rs 54,3262.00 a Compensation to be paid to the landowners Based on the Land Acquisition
Act, 1894 (Amended in 1984) and the National Policy on Resettlement for Investment Program Affected Persons, 2003. Compensation to ensure replacement value.
As per the Entitlement Matrix
b Registration charges for the Land As per the Government Rate As per the Entitlement Matrix
c Subsistence Allowance to be paid to the Affected Persons including additional
As per the directions of the Government for 10 members
As per the Entitlement Matrix
14
HKE = Hyderabad Karnataka Education Society, WTP = Water Treatment Plant, NGO = Non Government Organization
provisions for vulnerable persons subsistence allowances based on three months minimum wage rates.
d NGO Charges As per the Project norms
15
15
IV. CONSULTATION AND GRIEVANCE REDRESS PARTICIPATION
A. Information Dis s emination , Cons ultation, and Dis c los ure Requirement
14. Discussions were held with land owners of identified survey numbers occurred on 2 and 27 June 2009. The existing Water Treatment Plant (WTP) locations at Hyderabad Karnataka Education Society (HKE), Jack Well Cum Pump House near Hungunta Village were finalized based on a detailed topographic survey and further consultation with City Municipal council. 15. Shahabad Urban Locall Body (ULB) officials disclosed the information about the Investment Program and the subproject proposed. Suitability of identified land for WTP was also explained to all affected landowners. However, landowners expressed interest in knowing the procedures for land acquisition and the approximate amount of compensation which will be offered to them under the Program. It was communicated during consultations that the Shahabad ULB will disclose all relevant information to affected persons, and that it is mandatory under the Investment Program. 16. Consultations with affected persons indicate that they wanted compensation that will permit them to buy land of similar area and has potential in the open market and possibly involve similar commuting patterns and costs as the land to be acquired. All affected persons indicated preference for cash compensation instead of land-for-land option. 17. Further, during Short Resettlement Plan (SRP) implementation, the implementing Non Governmental Organization (NGO) will ensure that each affected person is consulted to inform them about the outcome of the decision-making process, and confirm how their views were incorporated in subproject design. Copies of the relevant project information will be made available both in English and Kannada at the Shahabad ULB Office for reference. The SRP shall be brought to the notice of all affected persons with the help of the implementing NGO. The NGO will also implement rehabilitation activities as per the Resettlement Plan, and develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. 18. Consultations with affected persons indicate that they prefer compensation at replacement value which can permit them to buy land of similar area and has potential in the open market possibly involving similar commuting requirements and costs as their current land. The Investment Program ensures compensation at replacement value through the District Level Valuation Committee (DLVC). The Investment Program will also pay for all fees, taxes, and other charges (registration, etc.) incurred for replacement land. All affected persons indicated preference for cash compensation instead of land-for-land option. B. Grievance Redres s a l Mechanis ms
19. A Grievance Redressal Committee (GRC) will be formed to ensure that grievances are addressed in a timely manner, facilitating timely project implementation. The GRC will comprise representatives from affected persons (ensuring representation of vulnerable households), local government/Shahabad ULB, Investment Program Officials – Deputy Project Director of North Karnataka Urban Sector Investment Program (NKUSIP), and NGOs/ community based organizations (CBOs). The GRC will redress grievances at the local-level in a consultative manner and with the participation of the affected households or their representatives. GRC
16
16 meetings will be convened as necessary to address complaints as they arise. The time and date of GRC meetings will be announced to affected persons by the implementing NGO and the Resettlement Officer a week in advance. To further ensure GRC accessibility to affected persons, the implementing NGO and Resettlement Officer will inform them on grievance redressal procedures, the functions of the GRC, and how to access the GRC. The grievance redressal process is shown in Figure 3. The first level of screening of grievances shall be undertaken by the implementing NGO and the Shahabad ULB Resettlement Officer. Only major grievances shall be placed before the GRC. The GRC will determine the merit of each grievance and attempt to resolve the same within a month from the date of lodging of complaints, failing which the grievance shall be addressed to the Deputy Commissioner. The GRC shall forward grievances of serious nature immediately from receipt of the complaint to the Deputy Commissioner. The Deputy Commissioner will hear appeals against the decisions of GRC. The decision of Deputy Commissioner is final and cannot be contested in any other forum except in the Court of Law. All costs incurred in resolving the complaints will be borne by the Shahabad ULB.
17 Figure 3: Grievance Redressal Process
Major Grievances Not Addressed Major Grievances Not Addressed
Not Addressed
NGO = Non-Government Organization, GRC = Grievance Redressal Committee
Affected Persons
Implementing NGO and
Resettlement Officer
Grievance Addressed
GRC
Grievance Addressed
Deputy Commissioner
Grievance Addressed
COURT
18
V. COMPENSATION AND INCOME RESTORATION
A. Compens a tion
20. All Affected Persons will be entitled to resettlement and rehabilitation benefits based on the Entitlement Matrix. In case of land acquisition, the replacement cost will form the compensation. DLVC will determine the replacement value of the land. Loss of income/livelihood will be compensated within the overall resettlement package in accordance with the entitlement matrix. Compensation and Resettlement package entitlements will be paid before taking possession of the land. In case there is an outstanding loan taken on the land proposed for acquisition, if not paid until the time of acquisition, a portion will be deducted from the total compensation, and the rest will be settled in a phased-manner, in consultation with the affected persons. 21. Payment of compensation price and other approved package of assistance will be made to the titleholder through the issuance of a bank cheque to ensure a transparent disbursement process. The cheque will be issued by the Deputy Commissioner, after the Shahabad ULB deposits the amount with the Deputy Commissioner. Payment to affected persons should be done before contract award, or by latest before commencement of civil works. B. Income Res toration
22. Persons affected by permanent land acquisition for the proposed WTP sites have been identified. The Investment Program will provide the two affected households subsistence/transitional allowance for three months based on minimum wage and will provide free transport facilities/shifting assistance. Since the land to be acquired from the affected persons is a source of income, they will be provided assistance for lost income based on three months minimum wage rates. Land is proposed for acquisition during the non cropping season, to minimize the negative economic impacts on affected persons, including season (part-time) farm laborers. 23. Affected persons have been consulted during the discussion and socioeconomic survey. The Shahabad ULB will identify if land-for-land compensation is feasible for 3.50 acre of land and will provide the option to affected persons. If the affected persons go for replacement land option, the Shahabad ULB will provide all fees, taxes, and other charges incurred for the replacement land. 24. Affected persons for other components of the subproject which are anticipated to experience temporary impacts from laying of pipes and road improvement will be provided assistance in restoring their income in accordance with the Entitlement Matrix. Income restoration schemes will be designed in consultation with the affected persons considering their needs, capabilities, preferences, and the absorptive capacity of the local economy. The strategy for income restoration will be prepared prior to land acquisition. The NGO will implement all rehabilitation measures with affected persons. 25. The Investment Program will provide affected persons with (i) subsistence/transitional allowance, and (ii) shifting assistance to restore the income affected persons in the very short-term.
19
19
VI. INSTITUTIONAL FRAMEWORK
26. Effective Short Resettlement Plan (SRP) preparation and implementation will be ensured through coordination between Gulbarga District Authorities, the Shahabad ULB as acquisition authority and the PMU. The Shahabad ULB will have the responsibility of ensuring that SRPs are finalized and approved prior to award of contracts, and for monitoring any changes to project design, which may require re-evaluation of the need for and adequacy of the SRP. The Shahabad ULB will hire an experienced NGO to assist in the implementation of the Resettlement Plan. The implementing NGO’s main activities will include counseling and encouraging productive utilization of compensation and rehabilitation grants for affected persons. The NGO will also implement rehabilitation activities consistent with Resettlement Plan, and develop procedures in a transparent, consistent, and equitable manner if land acquisition is through negotiated settlement to ensure that those people who enter into negotiated settlements will maintain the same or better income and livelihood status. The Shahabad ULB will also designate a Tahsildar as resettlement officer to supervise and conduct internal monitoring of the implementation work. The Resettlement Officer will be adequately supported by the DLVC in terms of all valuations, due diligence carried out on affected persons, properties and empowered committee decision on acquisition. 27. The Project Management Unit (PMU) will ensure that the land acquisition and rehabilitation processes followed under the Investment Program comply with ADB’s Involuntary Resettlement Policy. The Investment Program Consultant appointed by PMU will undertake the census and detailed socioeconomic surveys. A Special Land Acquisition Officer (Revenue Department) at the PMU will monitor the process of SRP implementation. Figure 4 illustrates the resettlement plan implementation arrangements.
20 Figure 4: Implementation Arrangements
Special Land Acquisition Officer
Land Acquisition Officer
NGO = Non-Government Organization, ULB = Urban Local Body
Project Management
Unit Apex
NGO, CAPP
DO, Gulbarga
Resettlement Officer at ULB
Implementing NGO
21
VII. RESETTLEMENT BUDGET AND FINANCING
28. The unit costs for compensation and assistance have been broadly estimated. These include replacement cost of land, subsistence allowance, and registration costs etc. The subproject component (WTP and Jack Well Cum Pump House) budget for permanent land acquisition and resettlement will be decided by DLVC.
Table 8: Resettlement Budget
DLVC = District Level Valuation Committee, NGO = Non Government Organization, NKUSIP = North Karnataka Urban Sector Investment Program, SRP = short resettlement program, ULB = Urban Local Body
Note: * the land rate as per sub-registrars office **Based on the Land Acquisition Act, 1894(Amended in 1984) and the Nation Policy on Resettlement for Investment Program Affected Persons, 2003. DLVC: The District Level Valuation Committee chaired by Deputy Commissioner will be responsible for determining the Replacement Value of land and structures. Other members of the DLVC shall comprise the Land Acquisition Officer of the Project Management Unit (PMU), the ULB’s Resettlement Officer, representative of the Affected Persons, and the implementing NGO.
Sl. No.
Type of Loss and Compensation
Offered Quantity Unit Rate
(estimated )
Total Amount (In Rs.)
Remark A.
Land Acquisition Cost
1 Loss of private agricultural land (WTP )
1.WTP 2.00 acre 2. Jack Well 1.50 acre
1. 83,750* 2. 72,500*
1. 167,500 2.108,750
DLVC will determine replacement value of the land.
Sub Total A
276,250
B. Resettlement Cost for Private Land
1 Assistance for economic rehabilitation of vulnerable households
Not Applicable Not Applicable Not Applicable
There is no vulnerable household
2 Subsistence allowance for three months for households whose residual land is unviable and losing income from land acquisition
10 working persons
Rs. 100 per day for 90days
90,000 ULB will confirm minimum wage rates as part of the SRP, verify all charges.
Sub Total B 90,000 3 Registration cost of
transferred land
3.50 acres
Approximately 10% of Total Land Cost
27,625
Sub Total B 27,625 4 Implementing NGO –seven
months (Included in the NKUSIP Cost)
LS Including over all NKUSIP Cost
100,000
5 Contingency 10% of the total cost
49,387
Sub Total C 149,387 Grand Total
543,262 **
22
VIII. IMPLEMENTATION SCHEDULE
29. All land has to be provided free from any encumbrances before the start of civil work. All land acquisition and resettlement of affected persons is to be completed before the award of civil contracts. The implementation process will cover (i) identification of cut-off date and notification; (ii) verification of properties and estimation of their type and level of losses and distribution of identity cards; (iii) consultations with affected persons to address their needs, and priorities; and (iv) economic rehabilitation of the affected persons. 30. Timing of Resettlement. The number of permanently affected households in the subproject is two and the process of land acquisition and resettlement is expected to be completed within a maximum period of seven months from the date of notification. Affected persons will have to be given sufficient notice to vacate their property before the start of civil works. No civil works will begin until the affected persons receive the approved compensation package, a broad implementation schedule for resettlement and rehabilitation. 31. Land Acquisition. Civil works are linked with the completion of land acquisition. In this case all land transfers from the Government have to be completed. Depending on the ownership, the Shahabad ULB would need to coordinate with the relevant Government of Karnataka, in this case the Deputy Commissioner’s Office and the Revenue Department. 32. All eligible affected persons will be issued identity cards, giving details of the type of losses and type of entitlements. This card will be verified by Investment Project Management Unit (IPMU), NGO and the affected person, and signed by all parties. Each affected person will be given a copy. The IPMU should issue identity cards at the earliest possible time to ensure that opportunistic squatters and encroachers are not encouraged.
Table 9: Tentative Implementation Schedule Sl. No.
Land Acquisition and Resettlement Activities Start Date Completion Date
1 Detailed Land identification and Survey, Marking of plots
December 2008 February 2009
2 Consultation and Disclosure June 2009 July 2009 3 Verification of Socioeconomic survey and affected
persons May 2009 May 2009
4 Preparation of LA Plan April 2009 April 2009 5 Preparation of SRP June 2009 June and
September 2009 6 Revision in SRP and approval September 2010 October 2010 7 Payment of compensation and engagement of
implementing NGO November 2010 December 2010
8 Possession of acquired property November 2010 November 2010 9 Internal Monitoring August 2010 December 2010 10 Handing over acquired lands to contractors for
construction November 2010 November 2010
11 Start of Civil works November 2010 December 2011 NGO = Non Government Organization, SRP = short resettlement plan
IX. MONITORING AND EVALUATION
33. The implementing NGO will submit monthly reports to PMU. Shahabad ULB officials will carry out internal monitoring. Job charts will be given to the Resettlement Officer. The job charts will indicate the targets to be achieved during the month. Monthly progress report shall be prepared and submitted to PMU, reporting actual achievements against the targets fixed in their
23
respective job charts and reasons for shortfalls, if any. SRP implementation will be closely monitored to provide PMU with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. For monitoring and evaluation (M&E), the PMU will appoint an independent agency/Apex NGO to undertake external monitoring for the entire subproject (this agency will provide an independent view of the Investment Program progress and should not be confused with the implementing NGO appointed by the Shahabad ULB to oversee Investment Program implementation). The independent agency/Apex NGO will conduct mid-term review and review on completion of SRP activities and submit its reports directly to the PMU. The PMU will submit all M&E reports to the ADB for review on quarterly basis.
24 Appendix 1
APPENDIX 1: List of Participants / Officials Consulted
(A survey was carried out on 2nd and 27th June 2009) LANDOWNERS/MEMBERS OF LANDOWNER’S FAMILY PARTICIPATED IN SOCIOECONOMIC SURVEY
1. President of HKE Society 2. Sri. Sidram Saibanna Karolli
SHAHABADULB Officials Consulted for identification of survey no’s and for conducting Socioeconomic survey
1. Sri. M.B. Naduvinamani Commissioner, CMC, Shahabad 2. Sri. SB Agnihal A.E.E., CMC, Shahabad 3. Smt. S.M.T Sheela . A. E, CMC Shahabad
Other Government Officials Consulted for identification of survey numbers and for conducting Socioeconomic survey
1. Sri. G.M.Choudary, Deputy Project Director, KUIDFC Gulbarga 2. Mr. Chandrasekhar E. E KUIDFC Gulbarga 3. Mr. Rangayya Badger AEE Cell Engineer Shahabad.
Appendix 2 25
APPENDIX 2: Legal Documents of Proposed WTP and Jack Well cum Pump House
26 Appendix 2
Appendix 3 27
APPENDIX 3: 4(1) and 6(1) Notification of Proposed WTP and Jack Well Land Owners
28 Appendix 3
Appendix 3 29
30 Appendix 3
Appendix 4 31
APPENDIX 4: Socioeconomic Data of Proposed Jack Well Land Owner
32 Appendix 4
Appendix 4 33
34 Appendix 4
Appendix 5 35
APPENDIX 5: Photos of Proposed WTP and Jackwell Landowners
Proposed Break Pressure Tank
Discussion with Jackwell Land Owner
36 Appendix 5
Collecting the Socio Economic Data from Jackwell Land Owner
Family Members of Proposed Jackwell Land
Appendix 5 37
Proposed Jackwell Land
Proposed WPT Land
