INDIA: PROPOSED ANDHRA PRADESH _x STATE HIGHWAY PROJECT 1 POLICY FOR RESETTLEMENT AND RELIIABILITATION OF DISPLACED AND AFFECTED PERSONS OF ffl A.P. STATE HIGHWAYS PROJECT 1 INTRODUCTION - X 1.1 Andhra Pradesh State FHighways Project (APSHP) is being formulated and posed for funding to the International Bank for Reconstruction and Development (IBRD) in various currencies equivalent to about US$300 million. The main aim of the project is to improve the performance of the state's road transport network. The project intends to U14 improve State Highways, road conditions and capacity along witlh development of in- house capabilities of the Roads and Buildings (R&B) Department to plan, development and maintain A.P. roads network. 1.2 Based on the results of the strategic option study conducted in 1994 the Government of flj A.P. (GOAP) has identified 3178 krns of high priority roads covering 17 districts. Of thlis, about 1400 km is proposed for improvement with the assistance from the World Bank. The techno-economic feasibility studies were completed and the roads to be ID upgraded were identified. Improvements mostly include strengtheninig and widening the existing pavement with some minor realignment whiere necessary. 1.3 The main objective of the APSIIP is to improve the performiiance of thle state's road transport work. Road users, will benefit from the proposed improvemiienit through 23 improved comfort, safety and reduced travel time. 1.4 A significanit short terml economiiic benefit of the pi-oject will be the genel-ation of | employment opportunities in tihe constructioni activities. CoiimmuIities aloing the nlew roads will also benefit from the increased economic activity resultinig from increased traffic flow. Local communiities wvill have greater access to the public and other transport facilities. 31 ,, 1.5 Road safety for communities along the upgraded roads will be enhlaniced by the project, 111 including the construction of wider roads to allow separation of slover and faster traffic. Street lightinig is also to be included in thle project in some urban areas to improve night | r visibility. I .6 TIhle proposed landscapinig. includinig tree planting and native scedilng, of thle Righlt of Way (ROW) wlhich will improve thle enviroinmenit in the vicinity of the road, is another significant benefit of thie pojoect. I I ¢, t {,, 1 12 1)Cemb'er 1996 2 DEFINITIONS | 2.1 In this policy, unless categorically stated or the context requires otherwise: i) Project means the APSIIP with all its components. ii) Affected area refers to the area (botlh private and public) Ialling witlhin the 3 project corridor of impact. iii) Corridor of impact refers to the carriage way, shoulder, berm and verge whiclh together form the actual roadway as well as the area beyond the actual roadway where negative impacts will result. iv) Right of Way (ROW) refers to the land found witlinl the specified boundaries of a road as indicated in revenue records, the ownership of which is vested with Xi the GOAP in the PWD Department. v) Project Affected Person (PAP) means any person affected directly or indirectly by the project. vi) Displaced personn means a person idenitified, at the cut off date, wlho has been residing in the corridor of impact, and who hlas, onl account of thle acquisitioln folr his/lher lan(d including homnestead or of taking over of land or structure froll his/her possession or occupancy, lhas been physically displaced due to improvement of the road under Al'SI-IP. 3 vii) Squattei-s are persons residing or carrying out economic activity in structures built within the ROW. I viii) Encr-oacliers are persons cultivating part of the ROW. ix) Unit of entitletienit : For compensationi against the acquisition of privately hield land, structures and other properties, the uniit of entitlement will be the title holder. For all R&R packages, the unit of entitlement will be the family and thie . assistanice unlider thie R&R package will be extenicded to the head of familv wlho will be called the cntitled person (El'). X) Faiiuily in relation to a entitled person meanis all members in a family wh1o arc living xvitlh hiiml/lher and are dependenit on him/her for their livelillood. xi) Vulnerable sections of the commnunity are those potentially worst affected by the project because of their inability to adapt to the changes to theireconolmlic andcl social circutmlstanices brought ahout l the conistruction of tlhe project. The vuI lcnrable sections of the commiunityii ill I nnclude those below the povcrlty line. Sclhc(idticcl C(astcs and 'I'ribes. and wom cn 1. ? I'(',lA ion -3. / 2 1 )1 N ccm 'h ' / (P)0 xii) The cut off date foi- elh-gibility for R&R assistance undcr tlis policy for thlose persons losing access to land and other structures withlinl the RU W' or on other government lan(d, is the date ot the full socio ecoInomilic surIvCy ol all iAPs. Only those residents of structu-Cs tlhat existed at the tinme ol tlhe verlcation exercise will be includcd in the socio-cconoioic survey. xiii) Land means any lanid privately held by individluals falling witlin the corridor of impact. Land in this policy also means all public land inside and outside the r . ROW falling withlinl the corr-idor of impact. xiv) Market value is the price which a willing vendor might reasonably expect to obtain from a willing purchaser. xv) Structure means any construction, both temporary and permlanient, on the land -lu. either for housing, economic activity or other purposes. xvi) Poverty level is defined by the Planning Commission, GOI. Presently, it is estimated at Rs.274 per capita per month for rural areas and Rs.32 1 per capita per month for urban areas. The poverty level is updated by the Planning Commission from time to time based on consumer price indices. During implementation the poverty level will vary and when it is to be used for any purpose the level, current at that time, shall apply. l I. I. l 3 Ver.sion 3. 1 12 D)ecember 1996 3 SCOPE OF LAND ACQUISITION AND DISP'LACEFVMENT 3.1 Most of the road imnprovemiienits are proposed wilihini the Righlt of Way (ROW) and henice the area of private land to be acquired will be small. However, there are many squatters living withiin the ROW and the project may require eviction of some of these squatters and the removal of encroaciihnents found witilin the limits of constructionl. While many of the structures found withinl the ROW are temporary in natul-e and tilerefore could be pushed back with little disturbanice to the occupant, the project imiay necessitate relocation of some encroachiers due to the loss of hiousing and/or econiomic activity. Nevertheless, as the World Bank is likely to fund the project, its policy (O.D.4.30) oln involuntary Resettlemenit applies to this project. 3.2 World Banki Policy requires that the project affected populationi receive beniefits fi-om the project. Involuntary resettlemenit, if it becomes unavoidable; silould be an integral part of the project and should be dealt wvithi from the earliest stages of the project. TI'le policy furthier emphiasises that involulitary resettlement should be avoidcd or minimiiised where possible by exoloring alteriiative pro ject designs. Wlhere displacement is uniavoidable tihe project should assist with mieanis to improve the former living stalidards of those displaced. 3.3 The State of A.P. hlas experienice of tackling problems of dispklcemicnt arisinig out of developmenit projects. In thle post independenlt India the first large scale relocationi of the populationl in A.lP. took plaice wvhcni thle Nagarjunasagar project was colistructed. CuLretllly thle A.l'. IlI lrrigation Proiect is beinig appraised 1) the \W'orld 1siank. 'I'lle project inivolves acqluisitioll of' land for developing a canal network. 'I'lie GOAI' hias successfiully niegotiated with the \World 13anik to finialise a policy J`r economiiic rehabilitation of ploject afl'ected pcrsons (P'.\Ps). 31.4 The preparationi o' thie cun-enit resettlemiienit policy for APSI-II' is biased on the experience gained in milanaging reihabilitation and resettlemenlt programmies in tile state, the resettlement and rehiabilitationi policy being adopted for the A.lP.l1l Irrigation l'roject anid the broad resettlemienit anid reliabilitationl prinlciples outlinied in .1).4.30 of the World Bank. 'I'he purpose of' thle dlocumieint is to set out basic principlcs [or the R&R of the people af'fected by Al'SI 11'. tlheir eiltitlemilenlts, and guidelinies oni the liipleneintation of R&R programmes. 3.5 (GOA P, tlhroughl SNiLEC, has appo oinited AINIS lResearclh as Constulltan s I ( caLry out: i0 Veriificationl exercisc ol'Iall cncroachnients andl occupancy \i tHin) RO()W for tihe 1400 kin proposed to bec iniclu(led in the project; ii) Socio-ecoinomiiic srilVc' am1aong the potential lPAI'.s: anid iii) Piepare a resettlement :ilionlpl pl;inn consuiltation wilhi iiw rmluct aif'f'ected persons (PA 's) wo uk i 1'h1se \\ wi tio project o[l'e icals. I Ile calcglor iz.ltioll ol thle P \1l' ilit-ir losses id(l the emitltleieit i i;!. | lk haivc bccn de\clopdl based onl thle ba'lii ,:i;,u ot tlic potential lP\AIs colic, ,1J -) fr bh\ MSIIS | I (, ',,, , ).,, ,.,In/' /9('96 j~1 4 OBJEC'I IVES OF R&R POLICY 4.1 The Resettlement Policy of GOAP in respect ol APSISHP covers all components of tlhe Tn project and operations that result in involuntary resettlemnent and economic disturbance. The main objectives of the government resettlcmcnit policy are outlined below: fl1 i) Families directly and severely affected by the project shall improve or at least retain their previous standard of living, earning capacity and production levels. Affected persons will be assisted in their efforts to improve these matters. ii) Where displacement and/or loss of incomne is unavoidable, resettlement shall minimise dependency, and be sustainable socially, economically and institutionally. || iii) It shall be ensured that, where there is any disturbance and/or displacement, social and cultural values will be maintained. iv) Particular support shall be given to the most vulnerable. The project shall not cause greater inequity. l I 1- 1. I S Version 3.1 12 December 1996 l 5 0 PRINCIPLES IN R&R OF PROJECT AFFEC TEI) IPUsRSONS | 5.1 The overall objective of the R&R policy is to see that those affected by the project are not worse off and to ensure that the following operational principles will be adopted. i) Families losing privately held land and other properties will be entitled to compensation unlder the Land Acquisition Act. Those adversely affected also be I aided in their R&R thirough a package of assistance. ii) Families losing access to public land and other properties within the corridor of impact will be aided in their R&R through a package of assistance. iii) A baseline survey will be carried out among the potential PAPs to understand their socio-economic conditions, types of losses and their impact on their living standards. iv) A Resettlement Action Plan (RAP) will be prepared in close consultation with the affected families to ensure popular acceptance by them. I v) Personal attention will be paid to assisting the affected families during their resettlement. TIhe focus will be on minimising the transition period involved in resettlement. vi) The relocation sites, as far as possible, will be close to the original lhabitation and support will be provided during the physical movement of the household belongings and personnel. I vii) Adequate infrastructure and civic amenities will be developed in the resettlement centres to make the living of those relocated comfortable. viii) Focus will be given to the vulnerable sections of the affected community. | Specific development programs for these sections of the community will aim at improving their standard of living rather than maintaining them at current levels. ix) For the tribal communities affected, an Indigenous People's Development Plan (IPDP) will be prepared as per the World Bank O.D.4.20 on "Indigenous People" focusing on issues relating to tribals and suggesting mitigation measures. The Plan will take into consideration central and state legislation and related policies. x) It is essential that participation of the affected community is ensured at every stage of the planning, implementing and monitoring of R&R programmes by effectively using the existing social and cultural institutions. 6 Version 3.1 12 Decemnber 1996 xi) Specific arrangements be made to deal with grievances ol tllc al'Pcctd persons. R&R and compensation programmes must provide adcliua(c institutional arrangements to ensureL ef,fcctive and timely implcmcn(ation and proper i, monitoritng. rl xii) Adequate institutional support and finanlcial and pliysical rcsourcEs will be provided to implement resettlement. rl . xiii) Involuntary resettlement will be avoided or minimised, where feasible, through the exploration of all viable project designs. xvi) Civilworks will not commence on any section of road before the resettlement and rehabilitation required on that section has been completed ancl ali compensation paid. I I I *I 1< I l I- 7 Version 3.1 12 December 1996 6 TYPEO'F LOSS 6.1 Accordinig to the preliinairy results as available fromii the SOCio-eCoOillliC Sliuvey l nlIg carried out in the project area, the road improvement under A PS 11P may entalil the following losses to tile people living within the corri-ldor ol imIpact. i) Loss ot agriculturLal lanid a) own lanid b) enicroacihed land | ii) Loss of structures (for house and/or- economic activity) conlstriucted citilclh onVI1 land or governimlent land. Structures can be ol 1t1C ol'nlowing types: I a) tempor-ary strIctures (thlatchie(d rooli woodeii cabills. c'C.) b) semli-peiranenticit structUI-Cs (tilCd or asbCstos rool V With mud | C walls. etc.) c) perimanilenit structures (tiled or asbestos rool \ ith birick or stonie walls, RCC/RBC structiures, etc.) iii) Loss of othler private properties suchi as wells 3 iv) Partial loss of structLuIcs suIcI as bLouLn(dary wall, cattle shecls. etc. v) Loss of coi11m11on0 anid public properties suchi as temples, water tanks/taps, transformers, bore wells, puImIp house, bus sheltels, gravcs. etc.tC *1 1 ;~~~~ I n 7 CATEGORIES OF DISPLACED/AFFECTED PERISONS 7.1 Based on the type and extent of loss as mentioned above, the following are the categories fl of entitled persons (EPs): Category 1 Titleholders of private agricultural land losing more thanl 2>% of land but retaininig less than I ha of wet land or 2 ha of dry land. Category 2 Titlelholders of private agricultural lanid losing Icss tlhain 25% of lholding Category 3 Titleholders of private land losing all or part of house/structure and need to relocate. Category 4 Titleholders of private land losing part of the lhouse/structure and do not need to relocate. Category 5 Self employed titleholders losing all or part of business structure and need to relocate. Category 6 Self employed titleholdei-s losing part of 'businiess StulCtUre anid do not need to relocate. Category 7 Encroachers of public land for agricultural purposes. Category 8 Owner occupants of pucca and semi-pucca structures (squatting) on public land losing all or part of structure and need to relocate. Category 9 Self employed squatters losing all or part of business structure and need to relocate. Category 10 Tenants of structures for both hiousing and self employmiienit on both public and private land. EPs may receive entitlements under more than one of the above categories. I rD l l 3 9 I'e;.sio,, 3. 1 /2 Decemb7er /996 8 ENTITLEMENTS . From the categories in section 7, it can be seen that there are two main groups of PAPs to be considered in this policy: i) PAPs from whoom private land and structures on1 private land are acquired ii) PAPs who are squatting or encroaching in the corridor of impact The entitlements proposed for each group are as detailed in the following sections. The entitlements are summarised in Annexure V. I 8.1 Acquisition of Private Land anid Structures 8.1.1 General U i) The Land Acquisitioni Act (1894) amended in 1984 governs the acquisitioni of 3 land and other immovable properties. It is a Central Act that empowers the government to acquire compulsorily any land (not owned by it) which is required for a public purpose. I ii) All PAP's from whom private land and or structures are acquired are eligible for compensation in accordance with the Land Acquisition Act. In addition, some PAP's will be eligible for assistance in relocating to anotlher area, as detailed in the following sections. iii) Where compensation of privately owned lands, trees, structures and othier assets is paid, it is provided at the prevailing market value. In addition, a sum | equivalent to 30% of the value of compenisation, knowni as "solatiuin", is paid in consideration of the comipulsory naLtur-e of th1e aclCCUisition. llnterest is paid on tihe compensation and solatium amount from the date of no lihcatioll of tile land 1 acquisition or the date of taking possession of tlhe land, wlliclhever- is the earliest. iv) If there are any disputes relating to the fixation of rates unlider the Land Acquistion Act the same will be referred to the court for settlemiienit. H-Iowever, in order to accelerate the process of settlement, the government may constitute - 3 "Lok Adalat" to take up such disputed cases. This hias already been successfully tried in AP for the Sriramsag Project. v) If thie land acquisition results in a hiolding beinig operationially noll-viable, the entire holding will be acquired and compenisated accordinlgly. A similar approach will be adopted for structures affected partially. U l I o0 Vers ion 3. 1 /2 lDecemwlber 199S6 vi) Notice to move out of lihe corridor of imlpaict oir IAlPs mlonm whioml 1hind and structures are being acquired will be provided in accoLdalace wvith the Lan(d Acquisition Act. vii) Wherever a displaced family is allotted a hLouse under the Weaker Section Ilousiing Programie of die state governmieit, litle will be registered joiniLly wili the EP and tihe spouse. 8.1.2 Acquisition of lPrivately Owvned Agricultural Lan(d The following approach will be adopted when acquiring private agricultural land. i) Category I EP's, including land owners losing more than 25% of their holding land but retaining less than I ha of wet land or 2 ha ol dIry landi will be olfered a choice of either land for land or cash for land. Emiplasis will be placed oni providing land for land and eitiher: * suitable goverinmenit land or; * private land purchased from a willing seller will be identified for allotment to EPs. If suitable government or private land is not available or the EP chooses to take the cash option, EP's will be compensated in accordance witli the Land Acquistion Act and giVen rehabilitation assistance of lRs.8000 per acre of non- irrigated (dry) land or Rs. 16,000 per acre of irrigated (wet) pro-rata on the area of land acquired from them, to assist in the purchase of replacemienit land. This grant will be released only at the time of purchiase of replacement land. EP's will be helped to purchase replacement land throughi ilte foriliationl of a Mandal Level Land Purchase Committee in. the concerined Mandal witli the Mandal Revenue Officer as Chairman. Other members of thie CommitCte will be the Mandal Developimlenit Ollicer, concerned village levclLue Oflicers, an NGO representative anid two represeiitatives ol'lihc lAlPs. hlc Coillii tce will ideitily land holders willing to sell land and assess the extent and market value of land available. The Committee will bring together the seller of the land and the EP and help in negotiating the price and the settlement of the transactionl. ii) Category 2 EPs including landholders losing less than 25% of their holding will be compensated in accordance with the Land Acquisation Act. iii) Agricultural tenants shall be given 60 days notice to movve Iroim the corridor of impact. EPs will be given a cashi granit equivalent to tilC valuc of any standlilig crop, wlicil w as plantied in good faitli belore notice was giveln to miiove oul ol tlhe corridor and wihichi will be lost due to construction. 8.1.3 Acquisition of Residential Structures on Private Lanad EP's in categories 3 and 4 will be compenisated in accordanice witli tile Land Acquisition Act. In addition those El's in category 3 will be entitled to tile lollowing: i) EPs whio own tlieir own struicture an(d whio hiave inlcomiies below tlie poverty line will be giveni thleir clhoice of one ofllic followiig options: I I I, t-.w :t 3 I I2 I k'cIhL'r / 990 * a house under the Weaker Section Housing Programme lree of cost plus Rs.300 per family as shifting assistance. If houses are not ready for occupation at the commencemenit of project constructioni, rental lor alternative temporary accomrmodation will be paid to the EPs for a period of not more than 9 months at Rs. 1 50/month. * a house site of 1000sq ft free of cost, access to housinig loan facilities and Rs.300 per family as shifting assistance. If land is not available at the commencement of project construction, rental for alternative temporary accommodation will be paid to the EPs for a period of not more than 9 months at Rs. 1 50/month. * a cash grant of RsI500/- plus Rs.300 per family as shifting assistance.. ii) EPs with incomes above the poverty line will be given Rs.300 as shifting assistance and will be given the opportunuity to purchase, from the government, a house site of 1000sq ft, at a price determined by the governmllenit. I-lousing loan facilities will be made available. iii) EPs who own their structure may take materials from the old structures if they desire. 8.1.4 Acquisition of Business Structures on Private Land EP's in categories 5 and 6 will be compensated in accordance withl the Land Acquisition Act. In addition those EPs in category 5 will be entitled to the following: i) All owners may take materials from the old site if desired. ii) A cash grant of Rs.300/family as shifting assistance. iii) The option of purchasing, from the government, an alternative site of 250 sq ft on which to relocate their business, at a price fixed by the government. 8.2 Treatment of Squattcrs/Encroaclhers 8.2.1 General i) PAPs who are squatters/encroachers in the ROW fall into the three broad categories below: Displaced house holds Displaced businesses Encroachers using public land for agricultural purposes Squatters/Encroachers are not eligible for compensation unlider the Land Acquisition Act. ii) Sixty days notice slhall be given to squatters and encroacliers to move out of the corridor of impact. The timing of notification given will be co-ordinated with engineering design and civil works requirements. 12 VIersion 3 1 /2 0eccun/ber 1996 iii) Wherever a displaced family is allotted a house under thie Weaker Section Housing Progranune of the state gover-nment, title will be registered jointly witlh the EP and the spouse. 8.2.2 Displaced Households Each family in Category 8 will be entitled to the following: i) EPs who own their own structure and who have incomes below the poverty line will be given their choice of one of the following options: a house under the Weaker Section Housing Programmile fi;ee of cost plus Rs.300 per family as shifting assistance. If houses are not ready for occupation at the commencement of project constructioni, rental for alternative temporary accommodation will be paid to tIhe lE's lor a period of not more than 9 months at Rs. 1 50/month. a house site of I 000sq ft free of cost, access to housing lopn facilities and Rs.300 per family as shifting assistance. If land is not available at the commencement of project construction, rental for alternative temporary accommodation will be paid to the EPs for a period of not more than 9 months at Rs. 150/month. a cash grant of Rsl500/- plus Rs.300 per family as shiftinig assistance.. ii) EPs with incomes above the poverty line will be given Rs.300 as shifting assistance and will be given the opportunuity to purchase, from the government, a house site of 1000sq ft at a price determined by the government. Housing loan facilities will be made available if required. iii) EPs who own their structure may take materials from the oldl stru:Ctules if they desire. 8.2.3 Displaced Businesses EPs in category 9 will have the following entitlements: i) All owners may take materials from the old site if desired. ii) EPs will be provided a cash grant of Rs.300 per family as slliting assistance. iii) TIhe optioii of purclhasing, from the governmilenlt, an alternlative site ot 250 sq ft on whichi to relocate their business, at a price fixed by the governmeint. 8.2.4 Agricultural Encroachments in the ROW No compensation under the Land Acquisition Act shall be paid to agricultural encroachers. However, the following entitlements will apply to El's in category 7. i) EPs will be given a cash grant equivalent to thie value of anly standing crop, which was planited in good faithl before notice was given to move oult of the corridor and which will be lost due to construction. 1 3 I ;, suJiw . / /12 Pvwvbir 1b96 ii) Where trees produCing fruit or other perennlizal harvcst are to be removed from thie ROW or govcrnmnent lanid to allow constr-uctioni, thie 1:1' will be given 60 days notice to comlplete the harvest of the trees. Ihlc [L, will aiso be given a cash grant approximating the value of the trees. The imlethiod o detlermining the value of the trees will be as stated in the Land Acquisition Act. 8.3 Tenants of Structui-cs in the ROW and on Private Land Occupants of structures either for housing or for business under category 10 shall be given 60 days notice to move out of the corridor of impact. Tenants will receiye a grant of Rs.300 as rental assistance provided they move within 2 months of receiving notice. 8.4 Assistance with Loans for Construction The District Level Committee will arrange for representatives of financial institutions to meet EPs wishing to borrow money for construction of new residences and/or places of business. The committee shall also assist in the negotiations for the loans. 9 COMMUNITY FACILITIES 9.1 Since this is a project with linear resettlement, where thlere are unlikely to be large clusters of displaced people in any one location, all efforts wil 1 be made to resettle people in their own home communities or as close to existing social aand economic networks as possible. However, if in a resettlement site more than 100 affected families are resettled, it will be developed as a colony with necessary civic amenities and other infrastructure facilities (including drinking water, school, approach road, internal roads, etc.) 14 Version 3.1 12 December 1996 10 PEOPLES PARTICIPATION 10.1 Project displaced/affected persons will be involved in all stages of the land acquisition rI and resettlement activities. Their involvement will be ensured in developing the family profile. Participatory planning of R&R activities will be necessary in developing a practical and implementable Resettlement Action Plan (RAP). The project displaced community will also be consulted by the various project authorities while implementing the RAP. In addition to building up rapport and close contacts with the PAPs, the concerned project officials will conduct village level meetings in the project affected area. The focus of discussions of these meetings will be land acquisition, compensation rates, resettlement and rehabilitation aspects. These discussions will thus provide a nj. forun for PAPs to put forth their problems to the concerned authorities, express opinions and offer suggestions for better implementation of R&R programmes. 10.2 In addition, meetings would be held with any host communities receiving PAPs. As almost all are expected to relocate within the same village and at least within the same district (including those in resettlement colonies), it will be important to involve the II1 whole village in discussions to inform them and gain their feedback about relocation plans. This would help ensure their preparedness for possible neighbours and their input to make for better overall planning. 10.3 In order to organise resettlers and those adversely affected, to educate and motivate them, to provide group support and to help them to choose any vocation which can be used by them productively, local active groups will be formed. Such groups will be provided witlh opportunities to acquire skills in comnmunity organisations and improved productive I system. NGOs engaged in the implementation will organise such training programmes for thie PAPs. l l 10.4 By this process, PAI's will be able to choose from R&R alternatives available to them, thereby ensuring acceptance of R&R measures. Involvement of NGOs will provide l valuable assistance and ensure viable community participation. I I l U 15 3 /,.,,i. /2 lDecemb7Aer /996 11 BUDGETING 3 11.1 Financial requiremients for various components of resettlemiient and rehabilitation plan shall be assessedl realistically and incorporated in the project cost itself. Besides efforts | will be made to clovetail various poverty alleviation programmiies and other development schemes that arc being uLndertaken by thie GOAP an(d ensure coverage of the ldisplaced and other alfected families under such programmes. Ibhis will help to have a I concentrated approaclh for their smooth resettlement and relhabilitation. 1 I . I I *I I I *I I I I I 16 Version 3.1 12 December 1996I I02 IMPLEMENTATION PROCEDURES 2.1 Development of RAP A resettlement actiotn plan will be prepared based on thie base line information collected from the PAPs during the socio-economic survey. Tlhe plan will be prepared in close consultation with the affected persons and will retlect their preferences for R&R alternatives. The RAP will also include an implementation schedule broken into specific activities and co-ordinated with the chronogram of construction. 12.2 Institutional Arrangement Since the displacement, resettlement and rehabilitation involve a series of formal I . activities starting from the acquisition of land till proper resettlement and rehabilitation or affected persons, the following organisational set up is envisaged for the implementation of R&R programmes. Efforts will be made to post such staff who have concern for the problems of the PAPs and are committed to the task. At the project level, the Project Director APSHP, will be responsible for implementing I R&R programmes. At the district level, an officer of the rank of an Executive Engineer with the supporting staff will act as District R&R Officer and will be responsible for 3 implementation of resettlement programmes in his jurisdiction. These two Committees would coordinate their activities to ensure all programmes were implemented as planned. Detailed Organisational Chart for execution of R&R programmes is given in Annexure-I. 12.3 Involvement of Non-Government Organisations (NGOs) The resettlement and rehabilitation involve human problems and tackling such problems require special skill and sociological background on the part of the implementing agency. I Besides posting staff who have concem for the problems of those displaced ahd affected, credible NGOs would be involved in the preparation and implementation of the R & R fl. Plans. For this purpose, efforts will be made to identify such organisations who have * local presence and are committed and acceptable to the PAPs. 3 NGOs will be chosen by the District Level Committees to participate in the implemetation of the R&R measures based on the following criteria: | - previous successful involvement in similar capacity in similar projects - previous involvement in other projects in the District - proven capacity to satisfactorily complete their activities oln time I - adequate professional expertise and financial viability - proven commitment to the cause of PAPs represented on previous project 4 I17 Version 3.1 12 Decembwer 1996 12.4 Monitoring and Evaluation . 3 Concurrent monitoring will be carried out by a Project Level Monitoring Cell. This will be created within the R&B Department. This cell will ca-ry out timely monitoring of the implementation of Resettlement Action Plan. Development of prescribed profromae for monitoring at different levels and the reports on the progress of R&R activities will formn the important tasks of this cell. In order to strengthen monitoring of R&R programmes I the following committees will be constituted. Project Level R&R Coiniiittee: This will be headed by the Pl-ilncipal Secretary, R&B Department. The committee will be responsible to approve plans and monitor implementation of Resettlement Plans. It will advise project level staff on various aspects of the programmes to make implementation more effective. TIhe composition of the committee and its functions are given in Annexure II. District Level R&R Committee: A district committee will be constituted under the chairmnanship of the District Collector mainly to coordinate among various line departments involved in R&R activities within a district. The commilittee will also monitor the implementation of R&R programmes. It will also have representatives of the PAPs and the NGO, to help in bringing the programmes faced by the l'APs to the notice of the concerned agenicies for redressal and follow Up actioIn. The comlipositioln anld functions of the committee are given in Annexure 111. Impact evaluation of the implementation of R&R programmes by an independent agency not associated with the project execution will be taken up two times during the project period. The first evaluation will be after the half way period of execution and the final evaluation will be after completion of the project period. 12.5 Grievanice Redressal Mcchanisimi Grievance Redressal Committee will be constituted at district level. It will include representatives from the project, land acquisition agencies, rur-al developmenit agencies, local bodies, NGOs and other concerned agencies. It will also have representatives from the affected persons. The Committee will take care of not only the grievance issues of land acquisition but also grievance matters relating to provisions and entitlements for resettlement and rehabilitation under the project which go beyond thle LA Act. This is particularly important for the project where an overwhelming majority of those affected by the project are encroaclhers/squatters. As inidicated in the institutionial arranigement, the Land Acquisition Officer shall be the first agency to attend to grievanles in respect to land valuation and acquisition. Similarly, the Project Director of the District Rural Development Agency and District Level Resettlement and Rehabilitation Officer will be the first Level Redressal Mechanism for redressing grievances of the displaced persons/project affected persons. A detailed Flow Diagram is given indicatilng the levels of grievance redressal mechanism and the alternative courses ol action lor the displaced persons/project affected persons for the redressal of their grievanmcs (Annexure IV). 18 Version 3.1 12 December 1996 g ANNEXUIF, I ORGANISATIONAL CHART FOR R & IR n PrincipaVSecrety Voj eT eveF &eR DisirictLev-6V&i kP& (R &B) Committee Committee Eng ine e r--n- AP-9' V rrojectDcrector - ChiefRlj Monitoring Cell p - APSHP [~~~~~~~~~~~~~~~ _ .._ _ District Collector Execudve Engr Spl Dy. ProjectAdmst DistrictR&B Collector (LA) DRDA Deputy Revenue Asst. Execuive Eng Inspector ProjectOfficer Asst MDO/MRO E xe cutive E ng r VDO/VDDO Wom e n Versiont 3.1 12 December 1996 i ANNEXURE II P)I1RO,JECT LEVEL R&R COMMITTEE ' 1. Principal Secretary to Government R & B Department Chairman 2. Secretary to Government, Revenue Department Mcmber 3. Secretary to Government, Housing Department Memlber 4. Principal Secretary to Government, Finance & Planning Member | f 5. Commissioner, Panchyat Raj & Rural Development Member I 6. Director of Women & Child Welfare Member 7. Project Director (APSHP) Member 8. Engineer in Chief R & B (Admin & EAR)) Convener I 9. Chairman, District Level R & R Committees Invitees U Functions: I. Monitor and Review the acquisition of land and payment of compensation. I 2. Approve R&R programnmes for the displacedlproject affected families in accordance with the Policy finalised for the Project. 3. Advise and recommend on the nature of civic amenities to be provided at any resettlement Centre. 4. Dovetail the Resettlement Action Plan of the Project in the various development 5. programmes of the government for necessary funding. 5. Move the concerned government departments for flow of funds required for implementing R&R programmes. The Committee meets once every three months and reviews the progress of each of the items of resettlement and rehabilitation. Version 3.1 12 December 1996 ANNEXUIE III I)ISTRICT R&R COMMITTEE Coiistitutionl: D Following shall be the co011position of the Monitoring Cell proposed at L)istrict Level: *I1. District Collector Chairman 2. Project Director DRDA and Resettlement and Rehabilitation Officer Member-Convenor 3. Special Deputy Collector Land Acquisition , Member 4. Joint Collector Member | 5. District Development Officer Member 6. District Executive Engineer Member 7. Two Representatives of Project Affected Persons (PAPs) Members I1 8. Representatives of NGOs Member Functions:, E l. Coordinate among various agencies involved in the implementation of the R&R programmres. I 2. Monitor and review Implementation of R&R Plans at the district level. I 3. Function as a grievance redressal body. 4. Take field level decisions on the R & R issues from time to time. 5. Provide overall guidance and leadership to smooth resettlement and rehabilitation of the affected families. 6. The committee will meet once every month and will submit a copy of the proceedings of the meeting to the Project level R & R Committee and Monitoring Cell. ; I I ~~~~~~~~~~~~~~~~~~~~~~~~Ver-sion 3.] 12 December 1996 ANNEXURE IV GRIEVANCE REDRESSAL MECHANISM Displaced Family/ Project Affected Person Grievance 3X I Land Acquisition [ Reset-dement & RehabilitaUon i Spl. Dy. Collector (LA) R & R OthceriPD, DR DA . -. Redressed i _ Redressed Not redressed Not redressed Judiciary Dist. Level R & R Committee |,ssed I - - ---Redressed I ~ ~~~Redressed Not redressed I , Project Level R & R Committee U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |, Redressed IV I Version 3.1J 12 December 1996 ANNEXURE V SUMMARY OF R & R ENTITLEMENTS (_;u_'4"ry of' Type of Loss Entitlements - Compensation Assistance in relocation Assistance in economic rehabilitation LOSS OF PRIVATELY OWNED AGRICULTURAL LAND Title holders C:ateg"oll I losing > 25 % of agricultural land but retaining less than I hcctare of wet land or 2 liectarcs of dry land. s t ( ziltll I Land for land (equivalent amount of govt. land or private land purchased from a willing seller) Optionl 11 Compensation for A cash grant, to the extent land at market value of loss, at Rs.8,000/acre plus solatium as per for non irrigated and LA Act Rs 16.000/acre for irrigated land. [ itde holinigs losing Compenlsationl for < 25% ofaaricultural land at market value Cal;.utrv 2 lai(l plus solatium as per - LA Act I of 5 Version 3.1 12 December 1996 / I / I l ' , l l l l 1, I ' I Catcgonv of Type of Loss Entitlements PAP Compensation Assistance in relocation Assistance in economic rehabilitation I.OSS OF RESIDENTIAL AND BUSINESS STRUCTURES Title holders losing all Categoiy !3 or part of house and needinig rclocation j EPs belowv poverty line Optioll I Compensation plus A house unider the Weaker Section Housing Program free of cost. solatium for house site Shiiftig assistance or Rs.300/family. Rental assistance for temp and structure as per accommodation to a naximum of Rs. 150/- per month for the LA Act. period houising is not available, to a maximum of 9 months. - op fI 1 As option I i-iOlise sitc of I000 sq.ft frce of cost plus housing loan facilities. Shiiting assistance or Rs.300/family. Rental assistance for temp accommodation to a maximllum of Rs. 150/- per monthl for the period land is not available, to a maximum of 9 months. Option 111 As option I Cash grant of Rs 1500. Shifting assistance of Rs.300/family. EPs above Poxertv Line Compensation plus Houise site of 1000 sq.ft at a cost determinied by the Govt.plus solatini for house site hlionsing loan facilities. Shifting assistance or Rs.300/family. anid structure as per Rcilu I assistance Ior teimp accomimiodationi to-a miaximum of Rs. LA Act. 150/- per monthl for the period land is not available. to a maximum of 9 montls.. 2 of 5 Version 3.1 12 December 1996 I J i I I Catctonr of Type of Loss Entitlements PAl11 Compensation Assistance in rclocation Assistance in economic rehabilitation lTitle liolders losing a Compensation plus Catcgorv 4 part of the house but solatium for house site need no relocation and structure as per LA Act. Titic holders losing all Compensation plus Shiftinig assistance of Rs.300/family. A site 250 sq.ft at a cost Categorn 5 or part of business solatium for site and determined by the Govt. strictuire and need to structire as per LA rclocatc Act lir holleIl- losillng Compensation pils . a 6 "^| ! p11r 1l ol husiness solatium for site and I rtl'urC tIlC biut iced no structure as per LA rclocation Act. AGRICULTURAL ENCROACHMENTS ON GOVERNMENT LAND Loss of access to Nil Value of standing crop or Category 7 public land for allowed to take the crop agriculture 3 of 5 Version 3.1 12 December 1996 I I[I I I I I I ! - - 11 1 . F I / J I Ca|orv of, Tyle o f Loss Entitlements PAP Compensation Assistance in relocation Assistance in economic rehabilitation SQUATTERS ON PUBLIC L,AND lSquattcrs losing all Nil I (tcjnruy . or part ol'lhouse and icedlimi relocation IT.l's below poverty line Option I A house under the Weaker Section Housing Scheme free of cost. Sltiftinig assistance or Rs.300/family. Rental assistance for temp accommodation to a maximum of Rs. 150/- per month for the period housinig is not available, to a maximum of 9 months. Optioln 11 House site of 1000 sq.ft free of cost plus housing loan facilities. Shifting assistance or Rs.300/family. Rental assistance for temp accommodation to a maximum of Rs. 150/- per month for the l period land is not available, to a maximum of 9 months. Cash grantt of Rs 1500. Shifting assistance or Rs.300/family. El's above Pov c,tt Linie House site of 1000 sq.ft at a cost determined by the Govt. plus housinig loan facilities. Shifting assistance of Rs.300/family. Rental assistance for temp accommodation to a maximum of Rs. 150/- per month for the period land is not available, to a maximum of 9 montls. 4 of 5 Version 3.1 12 December 1996 (atceorv ol Type of Loss Entitlements PAP Compensation Assistance in relocation Assistance in economic rehabilitation Squatterslosing all Nil Shifting assistance or Rs.300/family. A site 250 sq.ft at a Category 9 or part of business cost determined by the structire and Govt. needing relocation ll*:N \NTS OF1 S.TlRCTUiRES ON PRIVATE AND PUBLIC LAND L oss of rcntcd f Nil Two months rental if rented accommodation is vacated Categorv Itl accommodation I within the stipulated period. 5 of 5 Version 3.1 12 December 1996