Top Banner
Karnataka State Highways Improvement Project II Final Resettlement Action Plan i Government of Karnataka (Public Works, Ports and Inland and Water Transport Department) RESETTLEMETN ACTION PLAN 2010 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized
64

(Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Jul 18, 2020

Download

Documents

dariahiddleston
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

i

Government of Karnataka (Public Works, Ports and Inland and Water Transport Department)

RESETTLEMETN ACTION PLAN

2010

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

wb370910
Typewritten Text
RP946 rev
Page 2: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

ii

TABLE OF CONTENTS

ABBREVIATIONS …………………………………………..1

GLOSSARY OF RESETTLEMENT & REHABILITATION

TERMS …………………………………..............3

EXECUTIVE SUMMARY …………………………………..............5 I CHAPTER: INTRODUCTION …………………………………..............7 Background …………………………………..............7 Description of the project …………………………………..............7 Physical Characteristics of the project area …………………………………..............8

Magnitude of impacts ………………………………….............9

RESETTLEMENT IMPLEMENTATION PLAN AND

UPDATION of SURVEY INFORMATION ………………………………….............10

Objectives ………………………………….............10

Approach to Resettlement Planning ………………………………….............11

Right of Way and Corridor of Impact ………………………………….............11

II CHAPTER:LEGAL FRAMEWORK AND

RESETTLEMENT POLICY PROVISIONS ………………………………….............12 The National Policy on Resettlement and Rehabilitation

for Project Affected Families, 2007 ………………………………….............12 The Land Acquisition (LA) Act of 1894 ………………………………….............12 OP/BP 4.12 - Involuntary Resettlement ………………………………….............13 OP/BP 4.10 - Indigenous People ………………………………….............13 Public Works Department Code ………………………………….............14 Karnataka Highway Act 1964 ………………………………….............14 Comparison of National and State Policies with World

Banks IR Policy ………………………………….............14

KSHIP –II Policy ………………………………….............15 Impacts and Entitlements ………………………………….............16 Corridor of Impact ………………………………….............16 Targeted support to below poverty line groups ………………………………….............16 Option and Choices ………………………………….............16 Principles ………………………………….............16

Entitlement Matrix ………………………………….............17

III CHAPTER:LAND ACQUISITION AND

COMPENSATION PAYMENT ………………………………….............21 Land Acquisition in KSHIP I ………………………………….............21 Proposed Land Acquisition in KSHIP II ………………………………….............21 Estimated time for LA ………………………………….............22 Managing Land Acquisition under KSHIP II ………………………………….............22 Staffing for Land Acquisition Work ………………………………….............23 Tasks completed under KHA ………………………………….............23 Negotiations Committee for Land Price Fixation and

determination of Replacement Cost ………………………………….............23 Negotiation Committee ………………………………….............23 Replacement Cost ………………………………….............23

Method of Price fixation ………………………………….............24 Failure of KHA and Appellate Committee ………………………………….............24 Valuation of Assets ………………………………….............25 Estimation of land requirement and Preparation of Land

Acquisition Plans ………………………………….............25 Compensation Payment Process ………………………………….............25

Page 3: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

iii

IV CHAPTER:SOCIAL IMPACT ASSESSMENT AND

BASELINE SOCIO-ECONOMIC CHARACTERISTICS ………………………………….............26 Social Impact Assessment ………………………………….............26 Census Socio-Economic Survey ………………………………….............26 Methodology and Data Base ………………………………….............27 Sources of Data ………………………………….............27 Update of Census information ………………………………….............27 Cut-Off Date ………………………………….............27 Major and Minor Impacts ………………………………….............28 Key Baseline indicators for major impact categories ………………………………….............29 Standard Characteristics of displaced households ………………………………….............30 Vulnerable Groups ………………………………….............30 Gender Issues ………………………………….............30 Tribal Issues ………………………………….............31 Socio- Economic Status of Tribal population ………………………………….............32 Consultation and Community Participation ………………………………….............32 Methodology ………………………………….............32 Key Findings of the Consultations ………………………………….............33 Perceived Positive Impact ………………………………….............35 Perceived Negative Impact ………………………………….............35 Levels of Consultation ………………………………….............36 Mitigation through realignments/bypasses and Design

Alteration ………………………………….............36 Design Cross- Sections ………………………………….............36 Mitigation through Design Cross Section ………………………………….............37 Road safety and Traffic Management measures ………………………………….............37 Magnitude of Impacts Cultural properties and CPRs ………………………………….............37 V CHAPTER:IMPLEMENTATION ARRANGEMENTS ………………………………….............39 Institutional Arrangements ………………………………….............39 Social development and Resettlement Cell (SDRC) –

KSHIP-II ………………………………….............39 SDRC and Staff Deployment ………………………………….............39 Protection of RoW ………………………………….............40 Valuation of other structures/assets ………………………………….............40 Roles and responsibilities of officials for RAP

implementation ………………………………….............41 Competent Authority for various Approval ………………………………….............44 Implementation support by NGOs ………………………………….............44 Monitoring and Evaluation ………………………………….............45 Internal monitoring ………………………………….............46 External monitoring ………………………………….............46 Concurrent Evaluation ………………………………….............46 End Impact Evaluation ………………………………….............48 Grievance Redressal Committee ………………………………….............49 Capacity Building and Training ………………………………….............50 Administering the payment of R&R Assistance ………………………………….............50 Development of Vendor markets ………………………………….............50 Development of Resettlement Centers ………………………………….............50 Tenurial Rights ………………………………….............51

Environmental Aspects ………………………………….............51 Social Aspects ………………………………….............51

Page 4: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

iv

Basic amenities and facilities ………………………………….............51 Income restoration measures ………………………………….............52 Impact Categories and IR Schemes ………………………………….............52 IR Activities ………………………………….............52 Reconstruction of affected community structures ………………………………….............53 Data Base Management ………………………………….............53 Public consultations & disclosure ………………………………….............54 Co-ordination with civil works and certification ………………………………….............55 Implementation Schedule and Timing of Resettlement ………………………………….............56 Consultations during implementation ………………………………….............57

Resettlement implementation plan ………………………………….............58

Implementation guidelines ………………………………….............58

Budget and Costs ………………………………….............58

LIST OF TABLES

1.1 Project Roads …………………………………..............7 1.2 Summary Tables on Impacts …………………………………............10 2.1 Comparison of acts & policies with W B IR Policy ………………………………….............15 2.2 Entitlement Matrix ………………………………….............17

3.1 Land Acquisition Details ………………………………….............23 4.1 Distribution of PAFs ………………………………….............26 4.2 Cut off Date ………………………………….............28 4.3 PAFs by Major and Minor Impacts ………………………………….............29 4.4 Socio Economic information for Major Impact categories ………………………………….............29 4.5 Details of Consultation Meetings ………………………………….............33 4.6 Key Out Comes of Public Consultations and

Incorporating in Project Design ………………………………….............34 5.1 Administrative and Financial Responsibilities of officials

and Agencies for RAP implimentation ………………………………….............41 5.2 Competent Authority for Approvals ………………………………….............44 5.3 Monitoring Indicators for Physical Progress ………………………………….............47 5.4 Financial Indicators for Progress ………………………………….............47 5.5 Monitoring Of GRC ………………………………….............48 5.6 Impact Indicators ………………………………….............48 5.7 In house Training programme ………………………………….............50 5.8 Link wise schedule for handing over stretches to

Contractors ………………………………….............54 5.9 Disclosure & Consultations Highlights ……………………………………….. .55

5.10 Details Of Consultations Held ……………………………………….....56

5.11 Implementation Schedule ………………………………….............57 5.12 Budget ………………………………….............58 5.13 Unit Costs for R&R ………………………………….............58 5.14 R&R Unit Costs ………………………………….............59

Page 5: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 1

ABBREVIATIONS AC Assistant Commissioner

ADSW Assistant Director Social Welfare

APL Above Poverty Line

BP Bank Policy

BPL Below Poverty Line

CAO Chief Administrative Officer

CPO Chief Project Officer

CPR Common Property Resources

COI Corridor of Impact

DC Deputy Commissioner

DPR Detail Project Report

EIA Environmental Impact Assessment

EWS Economically Weaker Section

FGD Focus Group Discussion

GOI Government of India

GOK Government of Karnataka

GRC Grievance Redressal Cell

HPCFRRI High Power Committee for Redressal of Regional

Imbalances

HDM Highway Design Module

ID Identity Card

IPDP Indigenous People Development Plan

IR Income Restoration

ITI Industrial Training Institute

KHA Karnataka Highways Act

KSHIP Karnataka State Highways Improvement Project

LAA Land Acquisition Act

LAO Land Acquisition Officer

LAP Land Acquisition Plan

MCA Multi Criteria Analysis

MRR Manager Rehabilitation &Resettlement

NH National Highway

NGO Non-Governmental Organization

NPRRP National Policy on Resettlement & Rehabilitation

Policy

OP Operational Policy

PAF Project Affected Family

PAG Project Affected Group

PAP Project Affected Person

PIU Project Implementation Unit

PGB Project Governing Body

PHC Primary Health Center

PWD Public Works Department

PU Pre University

PGB Project Governing Body

RTC Record of Rights

R & R Rehabilitation and Resettlement

Page 6: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 2

RAP Resettlement Action Plan

ROW Right of Way

SIA Social Impact Assessment

SDO Social Development Officer

SDRC Social Development Resettlement Cell

SWI Social Welfare Inspector

SC Scheduled Caste

SR Schedule of Rates

ST Scheduled Tribes

SHG Self Help Group

SIA Social Impact Assessment

ToR Terms of Reference

UR Upgradation

WAP World Bank Annuity package

WEP World Bank Engineering Package

ZP Zilla Panchayat

Page 7: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 3

GLOSSARY OF RESETTLEMENT & REHABILITATION TERMS

a. “Agricultural land” means lands being used for the purpose of :(i) agriculture or horticulture;

(ii) raising of crops, grass or garden produce; and (iii) land used by an agriculturist for the

grazing of cattle, but does not include land used for cutting of wood only;

b. Assistance refers to the support provided to PAPs in the form of ex-gratia payments, loans, asset

services, etc. in order to improve the standard of living and reduce the negative impacts of the

project.

c. Bagar Hukum land means government land which has been cultivated by formers and whose

application is pending for disposal before the competent authority.

d. Below poverty line or BPL Family” means below poverty line families as defined by the

Planning Commission of India, from time to time, and those included in the State BPL list in

force.

e. Compensation refers to the amount paid under The Karnataka Highways Act, 1964 and The

Karnataka Highways Rules, 1965, for private property, structures and other assets acquired for

the project. It refers to the amount as given in the Entitlement Matrix for the project.

f. Cut off Date: the date of Notification under Section 15 of Karnataka Highways Act, 1964 will

be the cut off date where the land acquisition will be required. For Non titleholders the date of

socio-economic survey will be considered as the cut off date.

g. Encroachers are those persons who have extended their building, business premises or work

places into government lands. Assistance will be provided to these persons, based on their loss.

h. “Family” includes a person, his or her spouse, minor sons, unmarried daughters, minor brothers,

unmarried sisters, father, mother and other relatives residing with him or her and dependent on

him or her for their livelihood; and includes “nuclear family” consisting of a person, his or her

spouse and minor children;

i. “Government” refers to the Government of Karnataka

j. “Land acquisition” or “”acquisition land” means acquisition of land under the Karnataka

Highways Act, 1964;

k. “Marginal farmer” means a cultivator with an unirrigated land holding up to one hectare or

irrigated land holding up to half hectare;

l. Major Impacts: are those persons who loose their total house or livelihood, or those who

become marginal farmers

m. Minor Impact: all other impacts which will be limited to one-time payment of cash or giving

advance notice.

n. Minimum Wages: The minimum wage of a person for his/her services/labour is Rs. 100 per day

as per Govt Notification NoLD96 LMW 2005 dated 30.07.2007.

o. Non-Perennial Crop: Any plant species, either grown naturally or through cultivation that lives

for a season and perishes with harvesting of its yields has been considered as a non-perennial

crop in the project. For example, paddy, sugarcane, groundnut, etc.

p. “Notification” means a notification published in the Gazette of India, or as the case may be, the

Gazette of State;

q. Perennial Crop: Any plant species that live for years and yields its products after a certain age

of maturity is a perennial crop. Generally trees, either grown naturally or by horticultural and

Page 8: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 4

yield fruits or timber have been considered as perennial crop in the project. For example,

tamarind, coconut, mango, teak, neem etc. are perennial crops.

r. Project Affected Family (PAFs) means- (i) a family whose primary place of residence or other

property or source of livelihood is adversely affected by the acquisition of land for a project or

involuntary displacement due to any other reason; (ii) any tenure holder, tenant, lessee or owner

of other property, who on account of acquisition of land (including bagar Hukum or other

property) in the affected area of otherwise, has been involuntary displaced from such land or

other property; (iii) any agricultural or non-agricultural labourer, landless person (not having

homestead land or agricultural land) rural artisan, small trader or self-employed person; who has

been residing or engaged in any trade, business, occupation or vocation in the affected area, and

who has been deprived of earning his livelihood or alienated wholly or substantially from the

main source of his trade, business, occupation or vocation because of the acquisition of land in

the affected area or being involuntarily displaced for any other reason;

s. Project-Affected Persons (PAPs), any persons who have economic interests or residence within

the project impact corridor and who may be adversely affected directly by the project. Project-

affected persons include those displaced, those losing commercial or residential structures in whole

or part, those losing agricultural land or homesteads in whole or part, and those losing income

sources as a result of project action.

t. Replacement Cost of the acquired assets and property is the amount required for the affected

house hold to replace/reconstruct the lost assets through purchase in the open market.

Replacement cost will be calculated at PWDs current Schedule of Rates without depreciation.

Replacement cost will be in line with the provisos of the Entitlement Matrix of the project.

u. Severance of Land: Severance of Land can be defined of a land holding divided into two or

more pieces due to acquisition of land mainly for laying new project alignment, such as a bypass

or a re-alignment.

v. “Small farmer” means a cultivator with an un-irrigated land holding up to two hectares or with

an irrigated land holding up to one hectare, but more than the holding of a marginal farmer.

w. Squatter means those persons who have illegally occupied government lands for residential,

business and or other purposes.

x.

y. Tenants are those persons having bonafide tenancy agreements, written or unwritten, with a

private property owner with clear property titles, to occupy a structure or land for residence,

business or other purposes.

z. Vulnerable groups: persons such as disabled, widows, or persons above sixty years of age.

aa. Women Headed Household: A household that is headed by a woman and does not have a male

earning member is a Woman Headed Household. This woman may be a widowed, separated or

deserted person.

Page 9: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 5

EXECUTIVE SUMMARY

The Karnataka State Highways Improvement Project (KSHIP) – II, initial priority roads cover 826.6

kms. The aim of the project is to improve the performance of the State’s road transport network by

improving road conditions and capacity, and to improve the State’s capacity to plan, develop and

maintain the Karnataka roads network. All these road are planned for upgradation with a 7 m carriage

way. The 830.45 kms of roads will serve 14 districts and 30 taluks. According to the categorization

of taluks given in the High Power Committee for Redressal of Regional Imbalances Report of 2002,

the KSHIP –II covers (i) 8 most backward taluks (ii) 6 more backward taluk (iii) 8 backward taluks

and (iv) 8 relatively developed taluks. The KSHIP –II roads have been selected based on the

Feasibility Study conducted by the PWD for proposed KSHIP-II.

Census socio- economic surveys were conducted on the upgradation roads, for a Corridor of Impact

between 16 m and 22 m keeping in view the design requirements. According to the census survey

there are 3397 PAFs and 14,964 PAPs. Of the total Project Affected Families (PAFs), major impact is

on 1472 families, and minor impacts are on 1925 PAFs. The project will impact 1690 community

structure which will be relocated by the project authorities before demolition. There is no impact on

archaeological sites.

The Land Acquisition Plan has been completed for Packages WEP1, WEP2, WEP3, WEP 4, WEP5

and WAP1, Land acquisition for the project is estimated at 215.93 hectares of private land which

needs to be acquired and 9.36 hectares of government land which has to be transferred from other

Government Departments.

Public consultations were held in all the packages, focusing on areas of impact due to widening, at

places congestion with impacts on buildings and where major common property resources are getting

affected- such as any religious structures etc. The out come of the consultations were used to prepare

the Social Impact Assessment and for analysis of alternatives and minimizing negative impact of the

project. Outcome of consultations were incorporated at the Policy level and through designs. 25

meetings have been held. The consultations have helped in not only achieving the social assessment

objectives, but also assisted in gathering suggestions for mitigation of adverse impacts, improvement

in designs and facilitating inputs for the resettlement plan preparation and implementation.

The GOK will adopt a Resettlement and Rehabilitation (R&R) Policy for KSHIP- II to address the

adverse impacts arising out of this project on the line of National Policy of Resettlement and

Rehabilitation 2007. The policy adopted for the project is consistent with the World Banks

Involuntary Resettlement Policy. This RAP is prepared in accordance with the stipulations and guide-

lines provided in Public Works Departmental Code Government of Karnataka1, and the project

specific Resettlement and Rehabilitation: - Principles and Policy Framework for the Karnataka State

Highways Improvement Project, The National Resettlement and Rehabilitation Policy 2007 and The

World Bank Policy as given in Operational Policy 4.12. In addition to the above measures, realizing

the need of infrastructure development like roads in timely manner, the PWD GOK has decided to

acquire the land through the legislation called “The Karnataka Highways Act 1964”(KHA,1964). The

KHA, 1964 provides the opportunity to acquire the land through consent award. It is expected that

land acquisition under this Act will help the PAPs to receive the market price/replacement cost of land

as compensation. The GOK has already completed the process of establishing the Negotiation

Committee. The role of the committee will be to negotiate the price of land with the beneficiary. The

guidance value of the land will be considered for negotiation. Minimum negotiated price for the

1 The Code preparation is in progress

Page 10: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 6

Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur, Ramnagaram and Corporation /

Municipal limits of other districts HQs will be 1.5 times the Guidance Value. For all other areas other

than those mentioned above the minimum negotiated price will be 2 times the guidance value or

average sales statistics, whichever is higher.

Some of the entitlements include payment of compensation through negotiation according to the

KHA; additional assistance for those becoming marginal farmers; eligibility of bagar hukum land

losers; grant for replacement of cattle shed; alternative house or developed plot +construction cost

for those losing house; additional 25% compensation for partially affected structures towards

reconstruction; income generating assets up to Rs.75,000 for those losing commercial structures;

Rental allowance for tenants; non titleholders to get alternate house or developed plot + construction

cost, for commercial structures alternate shop or income generating asset; employees losing

livelihood will be given a one time payment; vulnerable groups including physically challenged and

those above 60 years will be given a lump sum amount as assistance; and all community assets will be

replaced and reconstructed.

This RAP will be implemented by Karnataka PWD-PIU Social Development Resettlement Cell with

support from NGOs. The Special DC LA will be responsible for land acquisition activities and the

Chief Administrative Officer will be responsible for all Resettlement and rehabilitation works. A

grievance redressal cell will be constituted. The grievance redressal process specifies procedures for

registering and addressing complaints including appeal mechanisms. The Government of Karnataka

has initiated the process of establishing a 3 member Grievance Redressal Committee (GRC) with the

Deputy Commissioner as the Chairman in each project district. An independent agency will be hired

for Monitoring and Evaluation of implementation of the Resettlement Action Plan. It shall access the

implementation of the RAP, monitor their schedules and achievement of targets and evaluate the

outcomes of social development objectives of the project.

The RAP provides the implementation schedule which is linked to the commencement of civil works.

The RAP will be implemented over a period of 3 years starting from the date of approval.

Implementation activities include land acquisition process, relocation and rehabilitation and

monitoring. Various income restoration schemes have been identified during the course of social

survey and the public consultations, which have been integrated for income restoration

The estimated total budget for the implementation of RAP is Rs. 147.83 Crore.

The RAP Executive summary and the R&R policy have been disclosed through public consultations.

The meetings were held at H. Cross on 11.02.2010; Sangur on 17.02.2010; Harobelavadi on

18.02.2010;Lakkikoppa on 20.02.1010; Jalahalli on 23.02.2010 and Gabbur (B) on 24.02.2010. The

feed back from the consultations have been incorporated in the R&R Policy. The RAP has been

disclosed through the PWD, Government of Karnataka Website. In addition, copies will be kept in: (i)

State Government Library at Bangalore; (ii) - District libraries of the 14 districts of the project; and

(iii) in the Panchayat offices along the project roads. The RAP document will also be available at the

World Bank Info Shop at Washington DC and New Delhi as per the Disclosure Requirements of BP

17.50 of the WB.

Page 11: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 7

CHAPTER I - INTRODUCTION

Background

1.1. The Karnataka State Highways Improvement Project (KSHIP) – II, initial priority roads cover

830.45 kms. All these road are planned for upgradation with a 7 m carriage way. Upgradation will

have direct /indirect impact on the population along the project corridor. Common property resources,

residential structures, commercial structures are likely to be affected. Non-titleholders within the

ROW are likely to be displaced.

Description of the project

1.2. The 830.45 kms of roads will serve 14 districts and 30 taluks. According to the categorization

of taluks given in the High Power Committee for Redressal of Regional Imbalances Report of 2002,

the KSHIP –II covers (i) 8 most backward taluks (ii) 6 more backward taluk (iii) 8 backward taluks

and (iv) 8 relatively developed taluks. The KSHIP –II roads have been selected based on the

Feasibility Study conducted by the PWD for proposed KSHIP-II. The 830.45 km of roads for

upgradation were selected through a detailed economic, social2 (the details of selection process of

roads can be seen from Social Impact Assessment report), environmental and technical criteria using

the Highway Design Module programme (HDM-IV), covering 4887 kms. The location Map of the

packages has been provided in Annex1.1.

Table 1.1: Project Roads

Contract

Package Link Description of Links

Length

(KM) Contract

WEP1 67A Hoskote - H Cross (Hindgnala Cross) 23.5 EPC3

67B H Cross - Chinatmani Bypass (Corridor 65F

Junctn) 28.9 EPC

WEP2 M7D Hangal – Tadasa 43.46 EPC

T8 Haveri (NH4) – Hangal 31.8 EPC

WEP3 21B Dharwad – Saundatti 38.5 EPC

WEP4 13A

Tinthini - Chinchodi - Jalhalli - Karegud –

Devadurga 32.45

EPC

2 Multi-Criteria Analysis and Corridor selection

Selection of road corridors for inclusion in the proposed project has been determined mainly on economic efficiency criteria, using the HDM-4 model. But there are other criteria that are not included in that analysis, or not dealt with adequately. Therefore the economic

efficiency ranking was modified by means of multi-criteria analysis (MCA).

Two additional criteria addressing social impacts have been introduced:

Redressal of regional imbalances.

Improved taluk connectivity.

These are important objectives of State Government policy, and road construction or improvement is one of the key means of addressing

them. These objectives and the approach to accommodating them in the MCA are explained below.

A third social criterion was considered: assistance to members of scheduled tribes to access essential services and enter the mainstream

economy. But it was concluded that:

Along the project roads the ST population is already integrated with the general population, rather than living in distinct and isolated communities.

Any disadvantages suffered by the ST population were already taken into account as regional imbalances.

3 EPC –Engineering Procurement Contract- this constitutes item rate contract. In EPC contract design responsibility rests with the employer.

In all these contracts contractor shall quote item wise rate in the bill of quantities. During execution of contracts the contractor shall raise every month his bills through interim payment certificate (IPC). After completion of the contract contractor shall maintain project for one

year from the date of completion.

Annuity – In Annuity contracts employer shall provide the available DPR to the Bidder. The bidder has to make his own assessment/surveys and own designs before bidding. Successful bidder has to make his own financial arrangements through Escrow Agreement to execute the

project. Total concession period is 10 years including construction period. After the completion of the project the contractor has to maintain

the project for 7 years.

Page 12: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 8

Contract

Package Link Description of Links

Length

(KM) Contract

13B Devadurga - Masarkal - Gabbur - Kalmala 41.35 EPC

WEP5 6C Chowdapur – Gulbarga 28.63 EPC

Total EPC Contracts 268.59

WAP1 63A Malavalli – Maddur 22.8 ANNUITY

63B Maddur – Huliyurdurga 27.53 ANNUITY

63C Huliyurdurga – Kunigal 21.11 ANNUITY

63D Kunigal – Tumkur 35.19 ANNUITY

63E Tumkur – Koratagere 27.89 ANNUITY

64F Koratagere – Madhugiri 20.02 ANNUITY

64G Madhugiri – Pavagada 35.79 ANNUITY

WAP2 19A Mudhol – Mahalingapura 19.17 ANNUITY

19B Mahalingapura – Kabbur 42.34 ANNUITY

19C Kabbur - Chikodi 18.41 ANNUITY

19D Chikodi - (NH-4 cross) Nippani 28.01 ANNUITY

WAP3 T21 Shikaripura - Anandapuram (on NH-206) 32.24 ANNUITY

M7A Shimoga - Savalanga – Shikaripura 49.79 ANNUITY

M7B Shikaripur - Shiralakoppa - Togarsi 45.41 ANNUITY

M7C Anvatti - Gondi – Hangal 26.21 ANNUITY

WAP4 10A Managuli - Basavana Bagewadi - Talikota 61.30 ANNUITY

10B Talikota - Hunasagi – Devapur 48.65 ANNUITY

Total Annuity Contract 561.86

Total Project Road (EPC + Annuity) 830.45

Physical Characteristics of the project area

1.3. The project roads cut across the entire State of Karnataka, with each of the road sections

having distinct characteristics. The eighth largest state of India, Karnataka is situated in the south of

India. It is ranked eighth both area and population wise. Karnataka is located on the western end of

the Deccan plateau, encircled by the state of Maharashtra and Goa on the north, Andhra Pradesh on

the east, and Tamil Nadu and Kerala on the south. The Arabian Sea is on the west. Karnataka has

representatives of all types of variations in topography – high mountains, plateaus, residual hills and

coastal plains. The State is enclosed by chains of mountains to its west, east and south. It consists

mainly of plateau which has higher elevation of 600 to 900 meters above mean sea level. The entire

landscape is undulating broken up by mountains and deep ravines. Plain land of elevation less than

300 meters above mean sea level is to be found only in the narrow coastal belt, facing the Arabian

Sea. There are quite a few high peaks both in Western and Eastern Ghat systems with altitudes more

than 1,500 meters. A series of cross-sections drawn from west to east across the Western Ghat

generally exhibit, a narrow coastal plain followed to the east by small and short plateaus at different

altitudes, then suddenly rising upto great heights. Then follows the gentle east and east-north-west

sloping plateau. Among the tallest peaks of Karnataka are the Mullayyana Giri (1,925m),

Bababudanagiri (Chandradrona Parvata, 1,894 m) and the Kudremukh (1,895 m) all in Chikkamagalur

district and the Pushpagiri (1,908 m) in Kodagu district. There are a dozen peaks which rise above the

height of 1,500 meters. The percentage of area coming under different elevations is as follows: less

than 150 metres-5.16; 150 to 300 metres-1.95; 300 to 600 metres-43.51; 600 to 1,350 metres-48.84

and more than 1,350 metres-0.57.

The State has four physiographic regions. The roads selected for KSHIP –II passes through the

regions mentioned below:

1.4. Northern Karnataka Plateau: Northern Karnataka Plateau comprises of the districts of

Belgaum, Bidar, Bijapur, Bagalkot and Gulbarga. It is largely composed of Deccan Trap. It represents

Page 13: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 9

& monotonous treeless extensive plateau landscape with a general elevation of 300 to 600 meters

from the mean sea level. However the river plains of the Krishna, the Bhima, the Ghataprabha and the

Malaprabha with the intervening watersheds, the step like landscapes, lateritic scarpments, residual

hills and ridges break the monotony of this extensive plateau. The general slope is towards east and

this region is largely covered with rich black cotton soils (Expansive Soil). The roads covered in this

region are: Package WEP5, Chowdapur – Gulbarga, WAP2, Mudhol – Mahalingapur, Mahalingpur –

Kabbur, Kabbur – Chikodi, Chikodi – Nippani and WAP4, Managuli – Talikota and Talikota –

Devapur. In this region, major crops grown are Tobacco, Sugar cane, Jawar, Sunflower, Toor,

Groundnut, Soya bean and maize.

1.5. Central Karnataka Plateau: Central Karnataka Plateau covers the districts of Bellary,

Chikkamagalur, Chitradurga, Davanagere, Dharwad, Gadag, Haveri, Raichur, Koppal and Shimoga.

The region represents the transitional surface between the Northern Karnataka Plateau with relatively

higher surface. By and large, this region represents the area of Tungabhadra basin. The general

elevation varies between 450 and 700 meters. However, this transitional ground is broken by several

sets of parallel ridges mainly made up of Dharwar system of rocks. The height of such residual hills is

about 900 meters above mean sea level. The general slope of this region is towards the east. The roads

covered in this region are: WEP2, Hanagal – Tadasa, Haveri – Hanagal, WEP3, Dharwad – Saundatti,

WEP4, Tinthini – Devadurga and Devadurga – Kalmala. The major crops growing in these places are

Sunflower, Paddy, Maize, Groundnut, Cotton, Flowers, Wheat, Ragi, Bajra, Chillies, Coconut and

Arecanut.

1.6. Southern Karnataka Plateau: Southern Karnataka Plateau covers the districts of Bangalore,

Bangalore Rural, Hassan, Kodagu, Kolar, Mandya, Mysore, Chamarajanagar and Tumkur. This

region largely covers the area of the Cauvery basin lying in Karnataka. It is bounded by 600 meters

contour and is characterized by a higher degree of slope. In the west and south it is enclosed by the

ranges of Western Ghats and the northern part is an interrupted but clearly identifiable high plateau. In

the east the valleys of the Cauvery and its tributaries open out to form undulating plains. The general

elevation of the region varies from 600 to 900 meters. However residual heights of 1,500 to 1,750

meters are found in the Biligirirangan hills of Mysore district and the Brahmagiri range of Kodagu

district. The roads covered in this region are: WEP1, Hoskote – H Cross, H Cross – Chintamani,

WAP1, Malavalli –Maddur, Maddur – Huliyurdurga, Huliyurdurga – Kunigal, Kunigal- Tumkur,

Tumkur – Koratgere, Koratgere – Madhugiri and Madhugiri – Pavagada. In this region major crops

grown are Sugarcane, Paddy, Ragi, Coconut, Areca nut, Vegetables, Groundnut, Mulbury plants and

Maize. Kolar district is famous for sericulture, diary and Gold mining.

1.7. Karnataka Coastal Region: The Karnataka Coastal Region, which extends between the

Western Ghats edge of the Karnataka Plateau in the east and the Arabian Sea in the west, covers

Dakshina Kannada, Udupi and Uttar Kannada districts. There are no roads under this projects in the

coastal region

Magnitude of impacts

1.8. The project will impact 14964 PAPs and 3397 PAFs. Of the total affected families major

impact of the project is on 1472 families and minor impacts on 1925 families. Major impacts are

where the PAF is either displaced due to the loss of house or has lost his means of livelihood, either

agricultural or commercial. The total private land acquisition for the project is 215.93 ha, and Govt.

land to be transferred is 9.36.

Page 14: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 10

Table 1.2: Summary Tables on Impacts

Contract

Package

Land

Acquisition-

Private(ha)

Land

Transfer –

Government

( ha)

Major

Impact

-PAFs

Minor

impact

-PAFs

Community

Assets (Nos) PAFs PAPs

WEP1 0.82 0.26 28 44 74 72 337

WEP2 25.56 3.03 85 688 168 773 4695

WEP3 4.38 0.36 32 147 44 179 997

WEP4 0.08 0 147 65 117 212 715

WEP5 1.12 0 28 26 57 54 301

WAP1 78.43 5.68 349 406 736 755 3349 587*

WAP2 33.42 0 343 130 165 473 1690 570*

WAP3 70.35 0 215 325 223 540 1706 593*

WAP4 1.77 0.03 245 94 106 339 1174 151

TOTAL 215.93 9.36 1472 1925 1690 3397 14964 1901*

*This is estimated to help assess the likely PAFs losing land for Annuity contracts only. Also used for budget

estimates. For the EPC roads all information is inclusive of structure and land losers/

Resettlement Implementation Plan and updation of survey information

1.9. Package wise Resettlement Implementation Plan will be prepared on the completion of the

Land Acquisition Plans and prior to invitation of bids. These plans will cover all information

concerned with land acquisition and R&R issues for the particular package; baseline census surveys

and consultations and implementation mechanisms.

Objectives

1.10. This Resettlement Action Plan (RAP) is a project specific RAP, which outlines the extent of

impacts due to road improvements on communities and the mitigation of the potential impacts. It

details necessary implementation procedures for resettlement and rehabilitation. This RAP is prepared

in accordance with the stipulations and guide-lines provided in Public Works Departmental Code

Government of Karnataka,4, and the project specific Resettlement and Rehabilitation: - Principles and

Policy Framework for the Karnataka State Highways Improvement Project –II funded by the World

Bank, The National Resettlement and Resettlement Policy and Bill 2007 and The World Banks

Operational Policy 4.12 and 4.10. As the land acquisition plans are completed for packages, WEP1,

WEP2, WEP 3, WEP 4, WEP 5 and WAP1 the total number of Title holder PAPs will be updated on

the completion of all the LAPs. The Census of those losing land will be done after the completion of

LAPs, as before the completion of the LAP it is not possible to identify the land loser. With in this

given background the objective of RAP is:

a. To Identify adverse impacts and determine how they could be overcome or substantially

mitigated with the implementation of Karnataka State Highways Improvement Project-II;

b. To present the entitlements for the affected persons for payment of compensation and assistance

for establishing the livelihoods and ;

c. To present an action plan for the delivery of compensation and assistance in accordance with the

policy adopted for the project.

d. To prepare an action plan for the project affected people for improving or at least retaining the

living standards in the post resettlement period.

4 PWD Departmental Code is in the process of being finalized.

Page 15: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 11

Approach to Resettlement Planning

1.11. During the census survey it was seen that road widening and improvement will have some

impact on residences, businesses, shrines, places of worship, agricultural land, community assets.

Most of the infrastructure work planned for the project as far as possible will take place within the

established ROW. In most cases, the land required for the project is immediately adjacent to the

current carriageway. The additional land required by the project falls under several classifications:

(i)Public land owned by the State Government and administered by other Departments such as

Revenue; (ii) Public land owned by villages or other local governments; and (iii) Private land.

The RAP is prepared to ensure that:

a. The displaced persons are: (i) informed about their options and rights pertaining to resettlement;

(ii) consulted on, offered choices among, and provided with technically and economically

feasible resettlement alternatives; and (iii) provided prompt and effective compensation at full

replacement cost for losses of assets attributable directly to the project;

b. Displaced persons are: (i) provided assistance (such as shifting allowance, transition allowance,

economic rehabilitation grant etc.) during relocation; and (ii) provided with residential housing,

or housing sites, or, as required compensated for agricultural sites;

c. To ensure that displaced persons are : i) offered support after displacement, for a transition

period, to restore their livelihood and standards of living; (ii) provide with development

assistance in addition to compensation measures, such as credit facilities, training, or job

opportunities; and (iii) at least improving or retaining the living standards in the post

resettlement period.

Right of Way and Corridor of Impact

1.12. The Right of Way is the lawfully acquired corridor of public land owned by the State

Government and administered by the PWD for the transit of the existing road. Using available records

with the PWD and the Revenue Department, the social team verified the boundaries of private

properties within and in the vicinity of likely corridor of impact. The preparation of the Land

Acquisition Plan is being facilitated through the verification of land records, updated records for the

ownership of land.

1.13. For this project, preparation of RAP associated with displacement is limited to the corridor of

impact. The corridor of impact is the width required for the actual construction of the road, including

carriageway, shoulder, embankments and longitudinal drainage. Within this corridor there should be

no structures or hindrances. The objective of social input to project design is to ensure that the

corridor of impact is reduced, within acceptable design principles and standards, to minimise

displacement and other project impacts. Those affected between the Corridor of Impact and Right of

Way during the lifetime of the project will be assisted in line with this project Entitlement Policy, if

they are required to be affected for any additional work required for this project.

Page 16: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 12

CHAPTER II - LEGAL FRAMEWORK AND RESETTLEMENT POLICY PROVISIONS

2.1 This chapter provides an overview of the applicable policy and Acts for the Project.

The National Policy on Resettlement and Rehabilitation for Project Affected Families, 2007

2.2 Till recent time, in India, there were no safeguard policy to deal with resettlement and

rehabilitation of displaced persons. There was no uniform approach adopted by states towards the

displaced persons (DPs) and PAPs. In the absence of central policies, ad hoc administrative

instructions, in conformity with the land acquisition act was in practice. In 2007 the GOI developed a

National Resettlement and Rehabilitation Policy. This was developed taking into the consideration

the safeguard policies of international development bodies like the World Bank, Asian Development

Bank etc, "The National Policy on Resettlement and Rehabilitation for Project Affected Families,

2007" (NRRP) came into effect in October 2007. The salient feature and the statements of the NRRP

policy are as followings:

(i) SIA shall be mandatory for all projects involving displacement of four hundred or more families

en masses in plain areas, or two hundred or more families en masses in tribal or hilly areas etc.

Co-ordination with EIA in the context of the public hearing done in the project affected area for

EIA shall also cover issues related to SIA.

(ii) Consultations with affected people and disclosure of relevant information to them at various

stages of resettlement planning;

(iii) Affected people without legal rights also need to be assisted (affected people categorized landless

agricultural workers, forest dwellers, tenants and artisans who are critically dependent on the

acquired assets for their subsistence/ livelihoods);

(iv) Prepare resettlement plans that are disclosed to the affected people in draft form, and reviewed

and approved by competent authorities;

(v) Collection of socio economic base line for project affected households;

(vi) Project displaced persons (whose entire land is taken) will receive land in lieu of his loss. In

addition to their loss cash assistance will be paid for regaining livelihood;

(vii) Vulnerable project affected people will get extra cash/kind assistance;

(viii) The Grievance Redressal Cell shall have representatives of women, Schedule Castes Schedule

tribes residing in the affected zone. The Cell shall have the power to consider and dispose of all

complaints relating to resettlement and rehabilitation against the decision of the

Administrator/R&R Committee at Project level;

(ix) A monitoring cell should be constituted under the project.

(x) Each project affected family comprising of rural artisan/small trader and self employed person

shall get one-time financial assistance for construction of working shed/shop for livelihood

support.

The Land Acquisition (LA) Act of 1894

2.3 The Land Acquisition (LA) Act of 1984 is commonly used for acquisition of land for any

public purpose. It is used at the State level with State amendments made to suit local requirements.

Expropriation of and compensation for land, houses and other immovable assets are carried out under

the Land Acquisition (Amendment) Act, 1984. The Act deals with compulsory acquisition of private

land for public purpose. The procedures set out include: (i)Preliminary notification(Section 4);

(ii)Declaration of Notification (Section 6); (iii) Notice to persons interested (Section 9); (iv)Enquiry

and award (Section 11); (v)Possession (Section 16).

Page 17: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 13

2.4 The 1984 amendments to the LA Act addressed the matter of compensation and delays in

payment. As regards, the level of compensation, the rate of solatium was increased from 15 per cent

to 30 per cent. For delays, the amendment requires that:

(i) A time of one year was fixed for completing all formalities between the issuance of Section 4

and Section 6; and

(ii) The compensation award must be determined within two years of the issuing of section 6

notification. Interest is payable at a rate of 12 per cent per year from the date of preliminary

notification to the date of dispossession. These changes apply to cases before the Civil Courts

even for awards made before the enactment of the amendments.

OP/BP 4.12 - Involuntary Resettlement

2.7 Since the project will be financed by the World Bank, Operational Policy 4.12 will apply to this

project. The key provisions of the policy are given below:

(a) Ensure that the displaced persons are informed about their options and rights pertaining to

resettlement;

(b) Consulted on, offered choices among, and provided with technically and economically feasible

resettlement alternatives;

(c) Prompt and effective compensation at full replacement cost for losses of assets;

(d) Provide assistance and allowances;

(e) Provide equivalent productive assets for the loss of residential house, agricultural land etc.;

(f) Provide support for the transition period (between displacement and livelihood restoration);

(g) Provide land related development assistance (credit facilities, training and job opportunities);

(h) Preference should be given to land based resettlement strategies for displaced persons whose

livelihoods are land-based;

(i) Cash compensation level should be sufficient to replace the lost land and assets at full

replacement cost in local markets;

(j) Eligibility of Benefits include, the PAPs who have formal legal rights to land (including

customary and traditional land rights recognised under law), the PAPs who don't have formal

legal rights to land at the time of census but have a claim to such land or assets and the PAPs who

have no recognisable legal right to the land they are occupying;

(k) Particular attention will be paid to the needs of vulnerable groups among those displaced,

especially those below the poverty line, landless, elderly, women and children, ethnic minorities

etc;

(l) The displaced persons and their communities will be provided timely and relevant information,

consulted on resettlement options, and offered opportunities to participate in planning,

implementing, and monitoring resettlement. Appropriate and accessible grievance mechanisms

are established for these groups

2.8 In addition to the above core measures on the bank's policy it also laid emphasis on a detailed

resettlement policy inclusive of all the above points; project specific resettlement plan; institutional

framework for implementation; monitoring and evaluation mechanism; time schedule for

implementation; and, detailed Financial Plan etc;

OP/BP 4.10 - Indigenous People

2.9 The OP / BP 4.10, is applicable to indigenous peoples. The directive provides policy guidance

to: a) ensure that indigenous people benefit from development projects, and b) avoid or mitigate

potentially adverse effects on indigenous people, tribes, ethnic minorities, or other groups. It provides

directives for preparation of indigenous people development plan (IPDP). The pre requisite for

successful IPDP includes:

Prepare a plan based on people's choice;

Avoid or mitigate adverse trends;

Page 18: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 14

Development activities adaptable to the needs and environment of indigenous people; and,

Encourage early hand over of project management to local people.

2.10 The OP 4.10 elaborates the contents and the component of the IPDP. Appropriate existing

institutions, local organizations and non-governmental organizations (NGOs) with expertise in matters

relating to indigenous people should implement the plan. The IPDP for indigenous people should

include: (i) Assessment of legal framework; (ii) Baseline data; (iii) Land tenure; (iv) Strategy for local

participation; (v) Technical identification of development or mitigation activities; (vi) Institutional

capacity; (vii) Implementation Schedule; (viii) Monitoring and evaluation; and,(ix) Cost estimates and

financial plan.

“Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and cultural

group possessing the following characteristics in varying degrees:

a) self-identification as members of a distinct indigenous cultural group and recognition of this

identity by others;

b) collective attachment to geographically distinct habitats or ancestral territories in the project area

and to the natural resources in these habitats and territories.

c) customary cultural, economic, social, or political institutions that are separate from those of the

dominant society and culture; and

d) an indigenous language, often different from the official language of the country or region.

A group that has lost "collective attachment to geographically distinct habitats or ancestral territories

in the project area"; because of forced severance remains eligible for coverage under this policy.

IPDP is not required for the project.

Public Works Department Code5

2.11 The PWD, GoK has a set of Departmental Code, which covers the procedures and rules to be

followed for all civil works of the Department including roads, bridges, building and irrigation. The

rules and procedures in the Code have to be followed by all other quasi government bodies and

agencies- with modification as required, approved by the concerned Agency/Board etc. The Code is

being updated with the Land Acquisition procedure and the principles and guidelines to be followed

for the people being displaced and by any civil works of the Department.

Karnataka Highway Act 1964

2.12 In addition to the above measures, realizing the need of infrastructure development like roads

in timely manner, the PWD GOK has decided to acquire the land in KSHIP –II through the “The

Karnataka Highways Act 1964”(KHA,1964) instead of using the Land Acquisition Act of 1894.

Chapter III on Land Acquisition and Compensation Payment discusses the KHA. The process of

compensation is further elaborated in Chapter III.

5 In the process of finalization

Page 19: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 15

Comparison of National and State Policies with World Banks IR Policy

2.13 The National Rehabilitation and Resettlement Policy of 2007 (NRRP-2007) , represents a

significant milestone in the development of a systematic approach to address resettlement issues in

India and closes significantly the gap between Indian national policies and those of World Banks. The

Land Acquisition Act (LAA) of 1894 (as amended in 1984) gives directives for the acquisition of land

in the public interest and provides benefits only to titleholders. The LAA also does not provide

replacement cost for the loss of land and assets. By contrast, the NRRP recognizes non-titleholders,

although the basic requirement is for the non-titleholder to have been in the project-affected area at

least 3 years prior to the declaration of the area as an affected area. In Karnataka there are various

project level R&R Policies. The KSHIP policy tries to address any gaps in the existing policies which

are relevant for the project.

Table 2.1: Comparison of gaps in various Acts and Policies with World banks IR policy

LA NRRP-2007 World Bank KSHIP Policy

Cut off

Date for

Assistance

3 years prior to date

of survey for Non

titleholders and the

date of section 15

notification for

titleholders.

Date of survey will be

considered as cut off

for Non titleholders

and the date of

section 15

notification for

titleholder.

Date of survey will be

considered as cut off for

Non titleholders and the date

of section 15 notification for

titleholder.

Social

Impact

Assessment

Mandates SIA

survey for 400 or

more getting

displaced en masse

in plain area or more

than 200 families in

hilly area

Requires socio-

economic studies –

no minimum

threshold prescribed.

A detailed SIA has been done

for this project; The

recommendations of the SIA

have helped to frame the

entitlement matrix and RAP.

1. Realignments have been

considered based on SIA.

2. Compensation to be based

on replacement cost.

3. Alternative houses to be

provided, for those losing

house.

4. Alternative borewells to be

provided by the projects/

Replacement

Cost of land

No

replacement

cost of land

Provides for

alternative lands;

where not possible

monetary

compensation

Provides for

replacement cost of

land

Provides for replacement cost

(compensation)of land

through negotiations as per

KHA and other transitional

support

Assistance

to tenants

losing

commercial

and

residential

structures

No direct mention of

assistance to tenants

losing commercial

and residential

structures

This is covered. Provides assistance to tenants

losing commercial and

residential structures.

2.14 Taken together, The KSHIP Policy will establish near equivalence of World Banks IR Policy.

Adoption of the above principles for the project would ensure that the policies would mesh in their

application to this project.

KSHIP –II Policy

Page 20: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 16

2.15 The National, State and Departmental Code provides for the framework for resettlement and

rehabilitation activities. However, within the context of the above mentioned policy frameworks a

project specific Resettlement Policy has been prepared. The project policy has been evolved through a

number of discussions by PIU. Good practices of the other States have also been taken into

consideration in addition to considering the relevant policy provisions and entitlements under each

category of loss mentioned in National Policy for Resettlement and Rehabilitation 2007.

Impacts and Entitlements

2.16 This policy addresses the direct and indirect impacts of project construction and operation on

affected persons, families, households, communities, and groups. The most direct and immediate

impacts are those associated with project construction, mainly land acquisition. Other losses include

loss of shelter, and other assets within the project’s corridor of impact; as well as roadside structure,

business establishments and public facilities. Mitigation is provided through compensation and

assistance to project-affected persons, families, households, and groups. These social units are entitled

to compensation and assistance on the basis of this policy framework adopted by the project. The

policy provides mitigation for:

loss of assets, including land and house or work place;

loss of livelihood or income opportunities; and

Collective impacts on groups, such as loss of community assets, common property resources, and

others.

2.17 Loss of assets and livelihood are impact categories that represent direct project impacts on an

identified population. The people likely to be affected will be surveyed and registered, and project

monitoring and evaluation will compare long-term impact against baseline socio-economic data.

Collective impacts on groups represent direct and indirect impacts, where group members need not be

individually registered. Group-oriented gains and losses in this category are less quantifiable in terms

of impacts on the individual. Mitigation and support mechanisms are collectively oriented, and the

monitoring of these efforts will examine the impact and benefits for the groups involved. The

entitlements are reasonably adequate to achieve the goal of income improvement, or at least

restoration. The GOK from time to time will make amendments in this policy as and when required.

Corridor of Impact

2.18 Right of Way is the lawfully acquired corridor of public land owned by the State Government

and administered by the PWD for the transit of the existing road. Using available records with the

PWD and the Revenue Department, the project will verify the boundaries of the legal right of way as

well as boundaries of private properties within and in the vicinity of the likely Corridor of Impact.

Displacement under the project will be limited to the corridor required for the road and its safety zone.

This corridor is referred to as the Corridor of Impact. Within this corridor, there should be no

structures or other hindrances. The advantage of this approach is that such a corridor is easier to

maintain free of encumbrances than the full Right of Way. Where the COI is beyond the RoW land

acquisition will be required.

Targeted support to vulnerable groups

2.19 The project will develop target assistance for groups such as women-headed households,

disabled, widow and persons above the age of 60 years. Attention will be given on a case by case

basis, with regard to their rehabilitation, livelihood, educational opportunities, vocational training, etc.

Option and Choices

2.20 The project will provide options and choices among different entitlements to the affected

population. As part of the project consultation and participation mechanisms, people will be informed

and consulted about the project and its impacts, and their entitlements and options. The affected

Page 21: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 17

population will be counseled so that they are able to make informed choices among the options

provided.

Principles

2.21 This policy is based on the principle that the population affected by the project will be

assisted to improve their former living standards. The policy emphasizes that involuntary resettlement

will be avoided or minimized where possible by exploring other alternative project designs. Where

displacement is unavoidable, people loosing assets, livelihood or other resources shall be assisted in

improving their former living standards. The policy document describes the details of entitlements

and type of assistance to be extended to the affected persons, which will become the basis for

preparing a detailed and time bound Resettlement Action Plan (RAP). The RAP will contain the

implementation details on how to ensure that principles and provisions of this policy can be

implemented. The Resettlement Action Plan will describe the approach to be followed in minimizing

and mitigating negative social and economic impacts caused by the project, including displacement.

2.22 This policy identifies categories of expected project impacts, including loss of property and

assets, loss of livelihood, and other social and economic impacts on groups and roadside communities.

All people, households and groups adversely affected by the project would be registered and support

will be given in accordance with these policy provisions.

Entitlement Matrix

2.23 The entitlement matrix will guide to offer compensation and assistance to those persons affected

by the project. The detailed entitlement matrix for the project is given in Table 2.1.

Table 2.2: Entitlement Matrix

No Impact

category Entitlements Remarks

I. Title Holders

(a) Loss of land 1. Compensation through

negotiation as per Karnataka

State Highway Act, 1964;

2. Amount equivalent to current

stamp duty and registration

charges on compensation

Minimum negotiated price for

the Districts of Bangalore

Urban, Bangalore Rural,

Chikkaballapur,

Ramnagaram, and Corporation

/ Municipal limits of other

district HQs will be 1.5 times

the Guidance Value. For all

other areas other than those

mentioned above the minimum

negotiated price will be 2 times

the Guidance Value.7 OR

average sales statistics, which

ever is higher8

The entitlement in Sl. No2 ,

will available to those consent

awards only

7 Revised Guidance Value of the properties in Bangalore Urban, Bangalore Rural, Chikkaballpur, Ramanagaram

and Corporation/Municipal limits is 2-3 times higher than the earlier Guidance Value. Hence 1.5 times the

Guidance Value is proposed as minimum negotiated price. In other areas ratio of revision is reasonably low,

hence 2 times the Guidance Value is proposed as minimum price.

8 The average Sales Statistics is in line with LA Amendment Bill. In the LA Amendment Bill there are different

modalities in determining and assessing the market value, any one among them would be adopted wherein the

land loser gets the maximum market value.

Page 22: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 18

No Impact

category Entitlements Remarks

amount;

3. Additional 25% compensation in

case remaining land is severed;

4. Crop/tree damage compensation

as assessed by concerned

Departments;

5. A grant of Rs. 15,000 for

replacement of Cattle shed;

6. Water yielding bores will be

replaced in the remaining land

holding subject to availability of

water (location of the borewell

will be identified by the affected

person in the remaining land

holding. In case water is not

available replacement cost of the

borewell at current PWD SR

rates + 30% solatium will be

given) ;

7. In case land owners becomes

landless or marginal families, the

following additional entitlements

will be offered: (a) subsistence

allowance of Rs.30,000 for land

less and marginal; and, (b)

assistance for creating Income

generation asset valued upto

Rs.75,000 for those becoming

marginal farmers and landless

only;

8. Additional amount of Rs.20,0006

will be restricted to those who

loose narrow stretch of land as

additional compensation in lieu

of all other benefits. Additional

amount of Rs 20,000 to those

who loose more than a narrow

stretch and are not eligible for

any other additional benefits.

9. In case of Bagar hukum lands -

50% of compensation and other

benefits as available for land

owners.

10. For those becoming landless and

all marginal farmers training

assistance will be provided for

income generating vocational

training and skill upgradation

options as per affected persons

choice ;

11. Employment opportunity for

affected persons as per his skills

and availability of suitable work

in road construction work.

Bagar Hukum land losers are

those whose application is

pending for disposal with

Competent Authority

(Tahsildar) and are cultivating

the affected lands at the time of

acquisition. A certification

from Tahsildar is required for

such applicants to receive

applicable entitlements

12. The NGO will ensure linkages

of the trained persons to

ongoing programmes, to

facilitate employment and

marketing opportunities.

6 Narrow stretch of land is defined as persons losing upto 5 guntas of land.

Page 23: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 19

No Impact

category Entitlements Remarks

(b) Loss of

Residential

structures

1. Compensation at current PWD

scheduled rates without

depreciation and 30% solatium

2. Alternative houses in

resettlement colony or developed

plot9 and construction cost of Rs.

40,000 linked to construction

progress.

3. Additional 25% compensation for

partially affected structures

towards reconstruction

4. Shifting assistance of Rs. 10,000

5. Subsistence allowance of Rs.

30,000

In case more than 25% of

house is affected and unviable

for retaining, full compensation

will be paid

Resettlement colonies will be

developed if more than 20

families are displaced in 2 Kms

continuous stretch

Plot size will be equivalent to

size lost subject to a maximum

of 369 sqmt/1200sqft in rural

area and 184 sqmts /600 sqft in

urban areas.

People have right to salvage

the affected materials.

(c) Loss of

commercial

structures

1. Compensation at current PWD

scheduled rates without

depreciation and 30% solatium

2. Alternative shop or assistance for

income generation asset valuated

upto Rs. 75,000

3. Additional 25% compensation for

partially affected structures

4. Shifting assistance of Rs. 10,000

5. Subsistence allowance of Rs.

30,000

Shopping units with 100-150

sq.ft will be constructed if

more than 20 shops are

affected in a continuous stretch

of 2 kms and opt for shop.

People have right to salvage

the affected materials

Training for self employment

will be provided to one adult

per family as needed

(d) Loss of

residential cum

commercial

structures

1. Compensation at current PWD

scheduled rates without

depreciation and 30% solatium.

2. Alternative shop or assistance

for income generation asset

valuated upto Rs. 75,000 or

Alternative houses in

resettlement colony or developed

plot and construction cost of Rs.

40,000 linked to construction

progress.

3. Additional 25% compensation

for partially affected structures

4. Shifting assistance of Rs. 10,000

5. Subsistence allowance of Rs.

30,000

6. Additional amount of Rs. 25,000

as grant.

In case more than 25% of

house is affected and unviable

for retaining, full compensation

will be paid

Resettlement colonies will be

developed if more than 20

families are displaced in 2 Kms

continuous stretch

Plot size will be equivalent to

size lost subject to a maximum

of 369 sqmt/1200sqft in rural

area and 184 sqmts /600 sqft in

urban areas.

Shopping units with 100-150

sq.ft will be constructed if

more than 20 shops are

affected in a continuous stretch

of 2 kms and opt for shop.

People have right to salvage

the affected materials

Training for self employment

will be provided to one adult

per family as needed

II. Tenants

(a) Residential 1. Rental allowance for 6 months @

Rs. 500 per month in rural and

Rs. 1000 in urban areas

2. Shifting assistance of Rs. 10,000

9 Developed plot will be restricted to those who do not have any homestead land.

Page 24: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 20

No Impact

category Entitlements Remarks

(b) Commercial 1. Rental allowance for 6 months @

Rs. 1000 per month in rural and

Rs. 1500 in urban areas

2. Shifting assistance of Rs. 10,000

3. Assistance for income generation

asst upto Rs. 75,000

(c) Loss of

residential cum

commercial

structures

1. Rental allowance for 6 months

@ Rs. 1000 per month in rural

and Rs. 1500 in urban areas

2. Shifting assistance of Rs. 10,000

3. Assistance for income

generation asset upto Rs. 75,000

III. Non-Title holders

(a) Residential

Squatters

1. House in resettlement colony or

developed plot and construction

cost of Rs. 40,000 linked to

construction progress.

2. Subsistence allowance of

Rs.15,000.

3. Shifting Allowance of Rs.5000.

House size in resettlement

colony to be minimum of 25

sqm/270 sqft. Resettlement

colony will be constructed if

more than 20 residential

squatters are getting affected in

a continuous stretch of 2 kms

and opted for same.

Developed plot size will be

allotted of 25 sqms/ 270 sqft in

urban area and 33 sqms /350

sqft in rural area.

(b) Commercial

Squatters

1. Alternative shop of 100 sq.ft or

assistance for income generation

asset valuated upto Rs. 30,000;

2. Subsistence allowance of

Rs.15,000;

3. Shifting Allowance of Rs.5000.

Shopping units will be

constructed if more than 20

shops are affected in a

continuous stretch of 2 kms

and opted for shop.

(c) Encroachers 1. Replacement cost of affected

structure calculated at current

PWD scheduled rates without

depreciation

2. Compensation of Crop loss or

advance notice for harvesting

crops

IV. Loss of livelihood

(a) Employees in

shops,

agricultural

labourers, etc

1. Subsistence allowance of Rs.

15,000. Training for self employment

will be provided as needed

V. Vulnerable People

(a) Widows

Physically

challenged and

those aged

above 60 years

1. Assistance to include in

government pension schemes if not

included , if eligible as per

Government criteria (OR)

2. Lump-sum amount of Rs. 25,000

This will be restricted to those

who have no or cannot be

provided with alterative

livelihood sources.

VI. Community Assets

(a) Community

Assets

1. Reconstruction of affected assets

2. Transfer to Local authorities for

maintenance

VII. Unidentified Impacts

(a) Unidentified

Impacts

1. Unforeseen impacts shall be

documented and mitigated based

on the principles provided in this

Page 25: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 21

No Impact

category Entitlements Remarks

policy Note: All amounts in this entitlement matrix are fixed as of April 01, 2010. These will increased 10% annually on first day of April every year. The same will

hold good for guidance value also if not revised by the GoK.

Page 26: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 22

CHAPTER III: LAND ACQUISITION AND COMPENSATION PAYMENT

Land Acquisition in KSHIP I

3.1 In KSHIP I two methods were followed for land acquisition (i) land acquisition under general

LA Act 1894; and (ii) consent award, where compensation is paid through negotiation. In KSHIP I the

time taken for land acquisition ranges from 27 to 31.5 months, with the average being 28 months10

. In

India any acquisition of land under Land Acquisition Act, 1894 requires 2 to 3 years to complete the

entire proceedings. This is because the time given for publication of 6(1) final notification is one year

from date of publication of 4(1) preliminary notification and two years for approval of award from

date of publication of 6(1) notification. The Assistant Commissioners in-charge of land acquisition in

KSHIP I had additional responsibilities to KSHIP work. As a result they could not devote their time

exclusively for the KSHIP land acquisition work. Therefore in some cases it took a maximum period

of three years to complete the land acquisition proceedings and to hand over the acquired land to the

acquiring body. This can be considered as one of the lessons learnt for KSHIP II.

3.2 In KSHIP I, during the course of execution of work, if any additional land was required due to

unforeseen exigencies such as change of alignment, deviations required to be made due to ground

realities, mistakes in survey, etc., even to secure few guntas of additional land, the entire process of

acquisition was carried out from Section 4(1) stage under LAA, 1894 which was a totally

cumbersome and time consuming process. As a result the execution of work suffered as the

acquisition proceedings took long time for completion11.

Proposed Land Acquisition in KSHIP II

3.3 Drawing upon the past experiences under KSHIP I, in KSHIP II it is proposed that land

acquisition be done under the Karnataka Highways Act (KHA), 1964. Administering the KHA, 1964

will be more convenient, effective and time saving. Under KHA land acquisition will be entrusted to a

designated “Highway Authority” or one or two officers with delegated powers, so that the entire

acquisition proceedings will be carried out under centralized agency i.e. “Highway Authority” with

dedicated officials for the purpose of land acquisition, instead of involving many officials of the

revenue department as done in case of KSHIP I. Also acquisition under consent award as given under

Section 27 of KHA, 1964 will be applicable. This will help in arriving at a mutually agreed rate of

compensation with the land owners, which will eliminate resentment from the land owners regarding

rate of compensation thus reduce the scope for approaching the civil courts for higher compensation.

Section 27 read with Section 26 provides payment of compensation to individuals who are losing

land. No other section in the Act deals with payment of compensation determined by way of

agreement. Under the KHA in this project the Negotiation Committee after negotiation with the land

losers in clusters arrive at a price agreeable to the land losers. Once the price is agreed for individual

survey numbers accordingly an agreement will be executed with the land losers. Subsequently the

land will be taken possession of. In this process no award is passed. Generally this process is termed

consent award. Though the KHA came into force in 1964, till date this Act has not been implemented.

However as a proactive measure the PWD proposes to use this Act for land acquisition in KSHIP II.

3.4 A comparative statement of Acquisition proceedings under Land Acquisition Act, 1894 and

Karnataka State Highways Act, 1964 indicating the normal duration required under each stage of the

acquisition proceedings has been given in Annex 3.1

3.5 The summary and main features on comparison between LAA and KHA are:

1. Time taken under ideal situation for land acquisition under KHA,1964 is 63 weeks as against 94

weeks for LA Act 1894;

10

KSHIP- Impact Assessment of Implementation of RAP, August 2007 11

Ramchandra, K.M. ,Special Deputy Commissioner, KSHIP,- Karnataka State Highway Improvement Project

Consent Awards, paper presented in one day workshop on Innovative ways to Acquire Land for development

Projects, Revenue Department, Government of Karnataka, December 2007.

Page 27: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 23

2. The Project Director is designated as “Highway Authority” and in charge of LA. However, the

land acquisition under LA Act, 1894 needs to pass through a set of departmental procedure and

officials who are often busy with their primary departmental duties.

3. The proposal of land acquisitions under LAA 1894 needs to pass through six offices i.e. the

acquiring body, the Tahlisdar, the Assistant Commissioner, the Deputy Commissioner, the

survey department and finally the Government which is not only time consuming but also a

tedious process. It is also relevant to mention here that even for small clarifications the file has to

go through all these offices which cause unavoidable delay in file processing. Under KHA, 1964

the Project will have dedicated officers designated solely for this task, as a result of which the

LA process will be faster and better streamlined. The land acquisition under KHA, 1964 would

involve two agencies namely the “Highway Authority” and “Government”.

3.6 The process of Land Acquisition under KHA, 1964 is as follows:

1. On the recommendations of the “Highway Authority”, the “State Government” will issue a

notification for acquisition of the required land, which will be published in the Gazette (Section

15).

2. After publication of notification Under Section 15 of KHA, 1964, the Highway Authority will

cause the land to be measured (Section 16).

3. Under Section 17 of KHA, 1964, public notice will be issued to all the interested persons to file

their claim for compensation within 15 days from the date of receipt of notice.

4. At any time after the publication of notification under section 15(on receiving report from the

Highway Authority), the State Govt. may direct that the lands specified in the notification shall

be taken possession of, from such date as may be specified in the direction. From such date, the

said land vest absolutely in the State Govt. free from all encumbrances (Section 19). This process

would take place only after completion of awards in every case.

5. Consequent to notification under section 15 and after obtaining documents from the land losers

the “Highway Authority” will proceed to pass award on consent basis if there is consensus for a

mutually agreed rate for consent award (section 27).

6. In default of consensus the “Highway Authority” will proceed to fix the compensation on general

award basis (Section 28).

7. There is also provision for making reference against the award of the “Highway Authority”

before the court of law (Section35).

Estimated time for LA

3.7 From the issue of Section 15 the time taken to complete the land acquisition process is 6

months. Anticipated time to be taken for each stage of acquisition proceedings under KHA 1964 is as

follows:

1. Section 15: After issue of section 15 notification, 45 days is given for filing claims.

2. Section 17: public notice and notice to individual land losers to file his claims within a specific

date mentioned therein the notice.

3. Framing of award: Framing of award under section 27, 28 and taking possession of land -12

weeks

4. Section 19: From section 15 notification to issue of direction under section 19 for taking

possession of the land – 24 weeks

Managing Land Acquisition under KSHIP II

3.8 The GOK has designated the Project Director (PD) as Highway Authority under Section 6 of

KHA, as per GO Order No.PWD 49 EAP 2008 dated 02.12.2008. (GO has been enclosed in the

Annex 3.2).

Page 28: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 24

3.9 The GoK has to release orders delegating powers to Special DC Land acquisition and

Assistant Commissioners to exercise their powers at different stages of land acquisition. (for

Organizational details of KSHIP II refer chapter 5).

3.10 The Special DC Land Acquisition and the Project Director are the award approving

authority. Sp DC LA can approve award up to Rs.50 lakhs. Above Rs.50 lakhs and upto Rs.1 crore the

authority rests with the Project Director.

Staffing for Land Acquisition Work

3.11 The Special DC Land Acquisition will be in charge of Land Acquisition under KSHIP. To

execute the LA work efficiently the GoK has issued orders for the appointment of supporting staff for

LA. The GO is given in Annex 3.3. However additional staff is required over and above what is

mentioned in the GO for each of the ACs offices. The additional staffs required are 2 shirastedars; 2

surveyors and 2 FDAs.

3.12 The Sp DC LA will be assisted by 2 Assistant Commissioners; one for North Karnataka (at

Hospet) and one for South Karnataka (at Bangalore).

Tasks completed under KHA

3.13 Notification has been issued vide Government Order NO: PWD 49; EAP, 2008, dated

02.12.2008. Appointing the Project Director as Highway Authority. A copy of the Notification has

been provided in the Annex 3.2.

Negotiations Committee for Land Price Fixation

3.14 Under the KHA, 1964 the negotiation of compensation is an important task. The composition

of the committee is given below.

Negotiation Committee

1. Assistant Commissioner of the concerned Sub Division Chairman

2. Assistant Commissioner of KSHIP Secretary

3. Jurisdictional Executive Engineer Member

4. Zilla Panchayat Member of the concerned jurisdiction Member

3.15 The Guidance Value as per the Department of Stamps and Registration for the different

categories of land, for the villages along the project road is which are to be obtained from concerned

District Registrars. This guidance value will be referred to by the Negotiation Committee.

Replacement Cost

The compensation payment for loss of land paid through negotiations + additional stamp and

registration cost + additional Rs.20,000 + additional 25% severance cost will add up to the

replacement cost.

Table 3.1: Land Acquisition Details

Contract

Package Link Details

Private

land (Ha)

Govt

Land

(Ha)

Total

Land (Ha)

WEP 1 67A Hoskote - H Cross (Hindgnala Cross) 0.82 0.26 1.08

67 B H Cross - Chinatmani Bypass (Corridor 65F Junctn) 0.00 0.00 0.00

WEP 2 M7D Hangal – Tadasa 18.65 2.21 20.86

T8 Haveri (NH4) – Hangal 6.91 0.82 7.73

WEP 3 21 B Dharwad – Saundatti 4.38 0.36 4.74

WEP 4 13 A Tinthini - Chinchodi - Jalhalli - Karegud – Devadurga 0.73 - 0.73

13B Devadurga - Masarkal - Gabbur - Kalmala 0.07 - 0.07

WEP5 6C Chowdapur – Gulbarga 1.12 - 1.12

Page 29: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 25

Contract

Package Link Details

Private

land (Ha)

Govt

Land

(Ha)

Total

Land (Ha)

WAP 1 63A Malavalli – Maddur 2.84 0.47 3.31

63 B Maddur – Huliyurdurga 7.36 0.47 7.83

Huliyurdurga realignment 10.65 0.00 10.65

63C Huliyurdurga – Kunigal 8.96 1.72 10.68

63D Kunigal – Tumkur 7.69 1.21 8.90

63 E Tumkur – Koratagere 8.53 0.04 8.57

Koratagere bypass 15.60 - 15.60

64 F Koratagere – Madhugiri 4.98 0.45 5.43

64G Madhugiri – Pavagada 11.82 1.32 13.14

WAP 2 19A Mudhol – Mahalingapura 1.95 - 1.95

19B Mahalingapura – Kabbur 23.82 - 23.82

19C Kabbur - Chikodi 3.24 - 3.24

19D Chikodi - (NH-4 cross) Nippani 4.41 - 4.41

WAP3 T21 Shikaripura - Anandapuram (on NH-206) 34.32 - 34.32

M7A Shimoga - Savalanga – Shikaripura 15.8 - 15.8

M7B Shikaripur - Shiralakoppa - Togarsi 19.00 - 19.00

M7C Anvatti - Gondi – Hangal 1.23 - 1.23

WAP4 10A Managuli - Basavana Bagewadi - Talikota 1.04 0.02 1.06

10B Talikota - Hunasagi – Devapur 0.73 0.01 0.74

TOTAL 215.93 9.36 225.09

Method of Price fixation

1. The concerned Land Acquisition officer who is the member secretary of the Negotiation

Committee will call for a meeting;

2. Dates for price negotiation will be given village wise. Negotiation will be conducted village wise

calling all the land losers together for negotiation. This is to ensure transparency.

3. The PIU will provide information on the guidance value of the land to land losers before

negotiations.

4. Minimum negotiated price for the Districts of Bangalore Urban, Bangalore Rural, Chikkaballapur,

Ramnagaram, and Corporation / Municipal limits of other district HQs will be 1.5 times the

Guidance Value. For all other areas other than those mentioned above the minimum negotiated

price will be 2 times the Guidance value.

5. The Negotiation Committee will negotiate the price with the landlord;

6. Based on the decision of the Negotiation Committee after getting the rates approved by PIU,

SLAO will make the payment.

7. Compensation will be given within 30 days of taking possession and receiving all the necessary

documents12

by the Special LA officer. In case of delay a 9% interest will be given to the

beneficiary upto a period of one year after which it will be increased to15% thereafter. (This is as

per the provisions of the LA Act).

8. Possession of Land will be taken vide Section 19, which will be only after the payment of

compensation.

Failure of KHA and Appellate Committee

3.16 In the event the land lord does not agree with the rate negotiated by the Negotiation

Committee, under Section 28 of KHA determination of amount of compensation in default of

agreement Section 28 (2) of KHA states that in determining the amount of compensation, the matter

specified in Sections 23 and 24 of the LA Act 1894, shall be taken into consideration.

12

Documents to be furnished include Pahani (RTC), Mutation Extract, Vamsha Vruksha (Geneological Tree)

and if the interest of land holder is subject to a court decree, a certified copy of such a decree.

Page 30: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 26

Valuation of Assets

3.17 The valuation of structures and other assets will be carried out by Government approved

valuators appointed by the PIU. Valuation will be done on the basis of current PWD Schedule of

Rates, without depreciation. Based on the valuation another 30% will be given as top up. Trees will

be valued by the Horticulture/Forest department.

Estimation of land requirement and Preparation of Land Acquisition Plans

3.18 The Land Acquisition Plan (LAP) for each link road is under preparation. Co-ordination with

revenue department is in progress. The land acquisition for the project is estimated at 179.983 ha and

6.4 hectares land will be transferred from Government sources. The likely time table for procurement

for land acquisition is placed in implementation schedule in Chapter 5.

3.19 The preparation process of LAP includes:

1. From the Land Record office Village map, tippany, hissa tippany, akar band is collected.

2. RTC records is collected from the Taluk Office

3. Based on the above documents and spot inspection sketches for LA are made

4. Calculation of land acquisition requirement in a particular survey number is arrived based on the

Akarband ;

5. Field verification of RoW is done from PWD notifications;

6. Identify and Stakeout on ground of the areas beyond RoW where private land needs to be

acquired as per approved proposed alignment designs;

7. Measurement of land proposed to be acquired to be done along with the Revenue Department.

This is done in co-ordination with Project Consultants, PIU staff and revenue officials.

8. After field verification land particulars are transferred to each survey sketch;

9. The LA plans have to be finally signed by the Surveyor, Supervisor, Tahsildar and; KSHIP AE,

KSHIP AEE and Project Consultants.

Compensation Payment Process

3.20 The compensation payment process includes:

1. Compensation to be finalized by the Negotiation Committee with the consent of beneficiary.

2. The award will be approved by the Special DC LA or Project Director depending on the award

amount.

3. Cheque payment will be done. The SDRC will assist beneficiaries to open a Bank account incase

they do not have Bank Account.

Page 31: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 27

CHAPTER IV - SOCIAL IMPACT ASSESSMENT AND BASELINE SOCIO-ECONOMIC

CHARACTERISTICS

Social Impact Assessment

4.1 Social Impact Assessment was carried out for the project roads. The SIA study looked into the

likely impacts of road improvement on the communities, and the likely mitigation aspects of the

impacts. It also looked into the impact of the project especially on the backward taluks through which

the project road passes, and how the road project is likely to affect the impacted population. The study

was based on extensive public consultations and stakeholders view.

4.2 The SIA findings can be summarized into (i) analysis of outcome of consultations of the various

stakeholders and (ii) analysis of data/information finally put forth as recommendations how these

outcomes have been incorporated into designs and Action Plans.

4.3 The negative social impact identified by community members was the potential for loss of land to

project interventions. However, according to a majority of stakeholders consulted, the benefits of the

project out weigh impacts from minor losses of land. There was broad consensus in all these

communities that dry land acquired by the project would not be a problem, people were reluctant to

part with irrigated or garden lands. To overcome any resistance it was informed that according to the

entitlement policy land losers will be given market value of land after negotiation under the

KHA.1964. Recommendations for impact mitigation and enhancement entitlements were given by

the stakeholders. The suggestions as feasible have been incorporated into the design and the R& R

Policy of the project.

4.4 Based on the outcomes consultations it is clear that there is a need to: (i) develop clear

procedures for the land acquisition under KHA 1964 and determination of compensation/ transactions

are carried out in transparent manner and satisfactorily documented; (ii) define the policy, institutional

and implementation framework to guide the compensation for loss of land and assets and ensure that

no person’s land is acquired without proper consultation and compensation; (iii) develop mechanisms

to foster greater participation of more passive members of the community, including women and

vulnerable groups; (iii) develop clear procedures for disseminating information about the project to all

affected communities and provide a feedback mechanism for these communities to voice their

concerns and address these concerns during project implementation. The RAP attempts to address

these issues.

Census Socio-Economic Survey

4.5 As a part of the project a census survey of Project Affected Families \Persons (PAFs and

PAPs) was carried out. The findings of the census survey provided the magnitude of social impacts on

the PAFs and PAPs. In this section the survey out comes are analysed. Analysis has been done

separately for the major impacted families. The census information helped to generate necessary

data/input for the preparation of this Resettlement Action Plan. The surveys provide a baseline

measurement of potential impacts on affected families/persons that form the eligibility criteria for

entitlement as given in the R & R Policy of KSHIP -II. The objectives of the census verification were:

a. Provide information regarding project impacts in order to facilitate designing of various

components of the RAP, especially R&R entitlement;

b. Minimise the influx of outsiders to the affected area;

c. Identification of PAPs by effect categories;

d. Enumeration of PAPs assets and land holdings;

4.6 The project will impact the following persons:

Table 4.1: Distribution of PAFs Contract Package Titleholder Tenant Squatter Encroacher

WEP1 23 1 35 13

WEP2 688 33 50 2

Page 32: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 28

Contract Package Titleholder Tenant Squatter Encroacher

WEP3 142 8 29 0

WEP4 50 3 153 6

WEP5 25 0 28 1

WAP1 305 111 256 83

WAP2 129 16 326 2

WAP3 366 103 71 0

WAP4 94 4 236 5

TOTAL 1822 279 1184 112 Source: Census Socio-Economic Survey 2007-2008.

Methodology and Data Base

4.7 Census covers 100% of the potentially affected population within the likely COI. It provides a

demographic overview of the population served by the RAP and profiles household assets and main

sources of livelihood. During census survey, legal boundaries of affected properties were verified.

The census registered all household members and individuals within the potential COI their assets and

income, and demographic and social information to determine whether project affected persons were

to be categorised as vulnerable groups with special entitlements under the project. Private land

owners, tenants, squatters and encroachers within the COI were covered. Structures, trees and other

assets were also recorded.

4.8 Data was collected at the following levels (i) Household level interviews with each affected

family were undertaken. Each of the households surveyed and the structure/agricultural land likely to

be affected by the project has been numbered, documented and photographed ;(ii) Village level public

consultations were conducted in all the upgradation links. Separate meetings were conducted for

women groups. The census survey questionnaire has been placed Annex 4.1.

4.9 A database has been created for the census information. The information has been stored and

analysed using Visual Basic and MS-Access. This program is easily convertible to Oracle platform.

The superimposition of the survey data on the final engineering designs will provide the actual

number of PAPs. Only these PAPs within the final COI will be considered eligible for support under

the project.

Sources of Data

4.10 Data was collected was collected from the following secondary sources: (i) Revenue records

at local/village level - with regard to land particulars for acquisition of properties;(ii) Census records

for demographic information; (iii) PWD for ROW/COI, estimates of the cost of infrastructure

development etc.; (iii) Development agencies to get information on various developmental programs

for specific sections of population like landless, marginal and small farmers etc. tribal, SCs etc. and

(iv)Local organisations’ including NGO’s in order to involve them and integrate their activities in the

economic development programs of the displaced population.

Update of Census information

4.11 The census information for those losing land will be updated for the Annuity roads contracts

on the completion of LAPs. All entitlement as per the Policy and RAP will be applicable to all those

identified. The Census surveys for Non titleholders have been completed for all the roads.

Cut-Off Date

4.12 The cut off date for those who have legal title is the date of Notification under Section 15 of

Karnataka Highway Act 1964. The date of census is the cut-off date for those who do not have legal

standing for eligibility of assistance under the project. People moving into the COI after this cut-off

Page 33: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 29

date will not be entitled to support. It is the responsibility of the PWD to ensure that the COI is

maintained free of squatters and encroachers. This has been further elaborated in para 5.12

4.13 It is recognised that there will be a margin of error in the census, and any person who was not

enumerated but can show documentation or evidence that he/she is rightfully an entitled person will

also be included. The Project Implementation Unit is responsible for such verification. The cut off

date slip provided to the non titled people has been placed Annex 4.2. The cut off date for non- title-

holders, is the date of the start of the census survey on a particular link. The cut-off dates for the links

are:

Table 4.2: Cut off Date Package

Number Link Description of Links Cut off Date

WEP1 67A Hoskote - H Cross (Hindgnala Cross) 07.09.2007

67B H Cross - Chinatmani Bypass (Corridor 65F Junctn) 07.09.2007

WEP2 M7D Hangal – Tadasa 19.12.2009

T8 Haveri (NH4) – Hangal 06.12.2007

WEP3 21B Dharwad – Saundatti 6.01.2008

WEP4 13A Tinthini - Chinchodi - Jalhalli - Karegud – Devadurga 18.09.2008

13B Devadurga - Masarkal - Gabbur - Kalmala 25.09.2008

WEP5 6C Chowdapur – Gulbarga 21.12.2007

WAP1 63A Malavalli – Maddur 06.11.2007

63B Maddur – Huliyurdurga 15.10.2007

63C Huliyurdurga – Kunigal 18.10.2007

63D Kunigal – Tumkur 22.9.2207

63E Tumkur – Koratagere 19.9.2007

64F Koratagere – Madhugiri 02.08.2007

64G Madhugiri – Pavagada 03.08.2007

WAP2 19A Mudhol – Mahalingapura 30.10.2008

19B Mahalingapura – Kabbur 04.11.2008

19C Kabbur - Chikodi 14.11.2008

19D Chikodi - (NH-4 cross) Nippani 06.12.2007

WAP3 T21 Shikaripura - Anandapuram (on NH-206) 23.12.2008

M7A Shimoga - Savalanga – Shikaripura 27.12.2008

M7B Shikaripur - Shiralakoppa - Togarsi 01.01.2009

M7C Anvatti - Gondi – Hangal 27.12.2009

WAP4 10A Managuli - Basavana Bagewadi - Talikota 5.10.2008

10B Talikota - Hunasagi – Devapur 14.10.2008 Census Socio-Economic Survey 2007-2009

Major and Minor Impacts

4.14 According to the Census survey 3397 families are affected by the Project. (The package wise

list of PAPs and PAFs is given in Annex 4.3) Of these, major impact is on 1472 families, and minor

impacts are on 1925 PAFs. Major impacts are where the PAF is either displaced due to the loss of

house or has lost his means of livelihood, either agricultural or commercial; this category also

includes those likely to become marginal farmers due to the impact of the project. Other than this all

other impacts have been classified as minor impacts. Minor impacts is where the families loose only a

very small part of their assets and are able to continue to lead similar living standards without any

further assistance. These losses include boundary walls, steps, partial structure etc.

Page 34: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 30

Table 4.3: Distribution of PAFs by Major and Minor Impacts

Sl.

No. Extent of Loss Owner Tenant Squatter Encroacher Total

Major Impact

1 Losing Total House 66 8 68 1 143

2 Losing Total Commercial Structure 58 2 1015 4 1079

3 Losing Total House and Com. Struc. 6 0 10 1 17

4 Tenants Losing Total Livelihood 0 224 6 3 233

Total Major Impact 130 234 1099 9 1472

Minor Impact

1 Losing only Part of House 396 4 19 10 429

2 Losing Part of Commercial Structure 156 0 34 12 202

3 Losing Part of House and Com. Struc. 57 0 0 2 59

4 Partial Plot 95 0 0 13 108

5 Total Boundary Wall 91 0 1 1 93

6 Partial Boundary Wall 33 0 1 3 37

7 Cattleshed 29 0 16 2 47

8 Farmers 744 0 0 0 744

9 Others 93 40 13 60 206

Total Minor Impact 1694 44 84 103 1925

Total (Major & Minor Impacts) 1824 278 1183 112 3397

Source: Census Socio-Economic Survey 2007-2008, does not include land losers information.

Note: The final figure of PAFS/PAPS will be updated on the completion of Annuity LAP. .

Key Baseline indicators for major impact categories

4.15 The key baseline indicators for major impacts categories are given below:

Table 4.4: Socio Economic information for Major Impact categories HOUSING

Loss of total house 9.71 %

ECONOMIC

Income less than Rs.26000 57.05 %

Indebtness : PAFs who have borrowed 3.93 %

Reason for borrowing 1. Business – 84.48%

2. House – 8.62%

3. Others – 6.90%

Tenants losing total livelihood 15.82%

ECONOMIC – SHOP OWNERS

Loss of total commercial structure

1. 73.30%

Type of Commercial structure getting affected:

1. Pucca – 4.83%

2. Semi pucca -10.49%

3. Kutcha- 84.68%

No. of employees 63 Persons

The average area of shops 1. 7.45 sqm

Type of shops affected

1. Pan/cigarette – 31.60%

2. Tea shop – 21.10%

3. Barber- 10.61%

Average turn over of shops

1. Pan/cigarette – Rs.5402

2. Tea Shop – Rs.2966

3. Barber- Rs. 3488

ASSET OWNERSHIP

Ownership of household assets (owners)

1. Color television – 2.92%

2. Refrigerator – 0.04%

3. Cooking Gas – 1.29%

Page 35: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 31

4. Telephone – 1.49%

5. 2/4 wheeler – 0.88%

Ownership of household assets (squatters)

1. Color television – 7.6%

2. Refrigerator – 1.49%

3. Cooking Gas – 3.3%

4. Telephone – 3.73%

5. 2/4 wheeler – 3.73%

4.16 All the key socio economic indicators have been provided for reference in the Annex 4.4 to

4.15. These tables include population by literacy and education, PAFs by gender, age classification,

religion, social stratification, loss of livelihood, occupation by gender, Structure type, PAFs by annual

income, Disability amongst PAPs and comparison of ST population with others.

Standard Characteristics of displaced households

4.17 Among religious groups, Hindus dominate with 78.09 per cent followed by Muslims at 13.04

per cent Distribution of PAPs by occupation reveals that agriculture accounts for 39.7 percent;

agricultural labourers accounting for 19.32 percent. The other sector, which supports a large section

of PAFs, is service sector represented by trade/commerce accounting for 30.33 percent. The service

sector, professional and skilled labour consists 2.74 percent and the others category (barber, lawyer,

gold smith, black smith etc. account for the remaining. In spite of difficulties in getting reliable data

on household income efforts were made to persuade the respondents to report as accurate data as

possible. 16.15 percent of the population has income less than Rs.26,000. 68 per cent of the total

PAPs fall in the age group of 18-59. Since this happens to be the working age-group the mitigation

measures as given in the entitlement matrix need to be carefully implemented with reference to 18-59

age groups. Sex ratio in the project area is 930 females per 1000 males. Illiterate population accounts

for 17 percent of the total population; while just literate (who can only sign) accounts for 14 percent

of the total population. Those with education upto secondary level are the highest of all categories

accounting for 24 percent of the total population. The detailed education table with gender wise break

up is given in Annex 4.4. Graduates account for 6 percent. 84 percent of the structures are kutcha;

only 5 percent of the affected structures are pucca. 30.65 percent of the houses have electricity

connection. Piped water supply is available to about 6.56 percent of the households only, other

sources include access to bore wells and open wells. Among other household assets is farm

equipment. 20.78 percent of the households own bullock carts; while only 9.93 percent own tractors.

Other agriculture equipment owned are sprayers, harvesters etc.

Vulnerable Groups

4.18 Those falling within this category include persons such as disabled, widows, or persons above

sixty years of age. These persons are entitled to be included in government pension schemes (as per

govt eligibility criteria) and if they are not already included, will be eligible for a lump-sum amount

of Rs. 25,000 . There are some PAPs that are in more than one vulnerable category. These PAPs will

be paid only once. There are 209 disabled persons (Annex4.14); 555 widows and 880 PAPs over 60

years.

Gender Issues

4.19 There are 266 women headed households. The proposed upgradation of roads under KSHIP –

II is expected to open up new economic opportunities for women to upgrade their skills and also

better accessibility to educational and health facilities. The improved road was perceived to help

reduce travel time, as an immediate benefit. Women as a segregated class are not involved in any

economic activity, which demands attention for their special needs. However, in the village level

consultations the women said improved roads were a danger especially in the built up area. Increased

speed of traffic makes it difficult for women and children to cross the roads. It also leads to increased

accidents as children in villages areas tend to play near the roads. In some links the improved road

will lead to the movement of heavy vehicles carrying ore and goods; this was not welcome in the

village limits. The women also said that they did not have any sanitation facilities, and looked at the

possibility of the project provide community toilets. Another issue raised was the problem of

Page 36: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 32

sufficient sources of drinking water. These facilities can be provided through the project, based on

detailed consultation with people regarding maintenance etc. The funding for this has been provided

in the budget under the title of group entitlements. To ensure that women are secure in receiving

payments all benefits will be provided in joint account where the woman will be the first beneficiary

accounts. Where ever title is provided it should be provided with joint title with women as the first

beneficiary.

Tribal Issues

4.20 According to the definition as given in the Operational policy of the World Bank OP 4.10 ,

the term “Indigenous Peoples” is used in a generic sense to refer to a distinct, vulnerable, social and

cultural group possessing the following characteristics in varying degrees:

(a) Self-identification as members of a distinct indigenous cultural group and recognition of this

identity by others;

(b) Collective attachment to geographically distinct habitats or ancestral territories in the project area

and to the natural resources in these habitats and territories

(c) Customary cultural, economic, social, or political institutions that are separate from those of the

dominant society and culture; and

(d) An indigenous language, often different from the official language of the country or region.

4.21 In Karnataka, Schedule Tribes (ST) account for 6.55 percent (3.46 million) of the total State

population. Bellary district has the highest concentration of STs in Karnataka. There are 50 major

tribes with 109 sub-tribes in the State (as of March 2005), according to the notified Schedule under

Article 342 of the Constitution of India. In Karnataka there are 4 Districts which fall under the

Integrated Tribal Development Project. These are Mysore, Kodagu, Dakshin Kannada and

Chikmagalur. Integrated Tribal Development Projects (ITDPs) are contiguous large areas of the size

of one or more Development Block in which the ST population is 50% or more of the total

population. Primitive Tribal Groups are found in Chamarajnagar District. The Government of

Karnataka has identified (i) Jenu Kuruba; and (ii) Koraga tribes as primitive groups (PTGs) 3.

Primitive Tribal Groups (PTGs) are identified isolated communities among the STs characterized by a

low rate of population, a pre-agricultural level of technology and extremely low levels of literacy.

4.22 Jenu Kuruba tribes are originally from Mysore, Chamarajanagar and Kodagu districts and

Koraba tribes are from Udupi and Dakshin Kannada districts. In Chamarajanagar district, only

Kollegala Taluk has PTG areas. PTGs constitute the most vulnerable among the all notified tribes.

According to the surveys conducted by Department of Tribal Welfare, these tribes predominantly stay

in districts where they originally belong to, however the possibility of tribal migration to neighbouring

districts for better employment opportunities cannot be denied.

4.23 The Director of Tribal Welfare GoK, has indicated through a letter No: DSTW : TSP:OSCR

12/2010-11 dated 26.04.2010, that no village in the State of Karnataka has been designated as tribal

village; and that the project roads are not passing through any ITDP areas. Tribal are living in the

villages along the project roads along with other communities.

4.24 Based on the information provided by the Tribal Department and the Census surveys IPDP

will not be required.

4.25 Families falling within the Scheduled Tribe category, account for 5.17% of the total PAFs.

The number of people belonging to tribal groups affected by the project is 180 PAFs. These PAFs are

scattered and not concentrated in any particular area and do not maintain any distinct characteristics

which are culturally, economically or socially different from the surrounding population. Moreover,

those found in the project area no longer maintain any of the distinctive language either. The

Scheduled tribes identified through the census survey are mostly working as agricultural labourers or

as small and marginal farmers. During the consultations held there were no specific issues raised by

Page 37: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 33

tribal persons/groups. The 2001 Census data reveals that around half the ST population is in the

workforce. Women constitute about 41.7 per cent of the workforce. More than 85 per cent of the

working population is in rural areas. The distribution of main workers (76.4 per cent) is concentrated

in the rural parts of the state where a high 51.5 per cent work. The tribal population as identified by

the survey has integrated with the main stream population.

4.26 The district wise distribution of Tribal population, in the project road districts of the State

according to the Census 2001and the map showing distribution of Tribal districts has been given

Annex 4.16.

Socio- Economic Status of Tribal population

4.27 About 68.51 percent of the ST families are below poverty line (Rs.26,000), compared to 16.15

percent for the general population. Almost 42.07 percent of the ST population is involved in

agricultural activities which is almost the same as 42.07 percent for general population; 31.16 percent

are employed as agricultural labourers as against 19.32 percent of general population; and 20.25

percent are also involved in commerce and trade as against 30.33 percent of general population. 29

percent of the of the ST population are illiterate as compared to 17 percent illiteracy for the general

population ;14 percent are just literate; Graduates account for only 1.68 percent as compared to 6.75

percent of those in the general category. The project aims to improve the status of project affected

persons. Thus after the delivery of entitlements the PIU can evaluate the impact of the project on the

affected STs. During the process of resettlement the NGO has to pay adequate attention to ensure that

the ST families get all the eligible entitlements according to the project policy. Thus a comparison of

the three parameters of income, occupation and literacy shows that the Scheduled Tribe population is

poorer, in terms of income levels; a larger percentage of ST PAFs also work as agricultural labourers

as against the general population to the overall general population. Comparison of ST population and

with non tribal population of the above mentioned indicators are given in the Annex 4.15.

Consultation and Community Participation

4.28 Public consultations were held in all the packages, focusing on areas of impact due to

widening, at places congestion with impacts on buildings and where major common property

resources are getting affected- such as any religious structures etc. The out come of the consultations

were used to prepare the Social Impact Assessment and for analysis of alternatives and minimising

negative impact of the project. 25 meetings have been held .

Methodology

4.29 The methodology followed for public consultations was:

1) Informing all the likely affected persons regarding the meeting through issue of notices to

individuals and at village level. Panchayat leaders, gram sabha members, officers from PWD sub

divisions and any local NGOs were also informed about the meetings. All meetings have been

recorded and video graphed.

2) Separate women’s group meetings were also held.

3) The minutes of the meetings have been recorded, list of participants for each of the meeting along

with the signature have been obtained and the photographs of consultations have also been taken.

The photographs, list of participants and outcome of the Consultations, are presented in separate

Social Impact Assessment Report Annex volume.

4.30 During the consultation the people were informed about: (i)KSHIP-II, including a

background on KSHIP -II Phase A project; (ii)The rural and urban design cross sections of the roads;

(iii) The people were informed about KSHIP-I Resettlement policy and the compensation and

assistance provided therein and asked suggestion for improvement so that their suggestions can be

incorporated by the project authority for KSHIP II; (iv) Proposed safety measures for the road; and

(v)The likely impacts of the road, both positive and negative.

Page 38: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 34

4.31 The Consultations elicited from the people: (i) Their views on the project especially the likely

adverse impacts; (ii) Possible mitigation measures in case of adverse impacts; (iii)Means of better

delivery of compensation and assistance;(iv)The assurance from the project authority not to

marginalize people by depriving them from their livelihood; and (v) Provision of infrastructure such

as drinking water and toilets.

4.32 As a part of the public empowerment through public consultations the stakeholders have

written to the Project authority regarding their views on the impact of the project, and the anticipated

adverse impacts. These issues have been addressed and responses have been provided.

Key Findings of the Consultations

4.33 The consultations have helped in not only achieving the social assessment objectives, but also

assisted in gathering suggestions for mitigation of adverse impacts, improvement in designs and

facilitating inputs for the resettlement plan preparation and implementation.

Table 4.5: Details of Consultation Meetings

Link Details

67A Hoskote – H Cross (Hindgnala cross)

Date: 18.01.2008; Place: Hindgnala No. of Participants: 43, covering 8 villages.

67B H Cross - Chintamani Bypass

Date: 18.01.2008; Place: Perumanchanahalli ; No. of Participants: 39, covering 15 villages.

T8 Haveri – Hanagal

Date: 20.12.2007; Place: Adur , No. of Participants: 65, covering 8 villages.

M7

C&D

Anavatti – Hanagal – Tadas

Date: 13-01-2009; Place: Hanagal ; No. of Participants: 185, covering 15 villages.

21B Dharwad – Saundatti

Date: 23.01.2008 ; Place: Aminabhavi ; No. of Participants: 121, covering 5 villages.

13A Thinthini Bridge – Devadurga

Date: 13.11.2008; Place: Jalahalli No. of Participants: 31, covering 8 villages..

13B Devadurga - Kalmal cross

Date: 14.11.2008 ; Place: Masarkal ; No. of Participants: 20, covering 8 villages.

6C Chowdapur – Gulbarga

Date: 31.12.2007 ; Place: Sharan Sirasangi ; No. of Participants: 62, , covering 4 villages.

63A Malavalli – Maddur

Date: 20.02.2008 ; Place: K M Doddi ; No. of Participants: 31, covering 6 villages.

63B Maddur – Huliyurdurga

Date: 20.02.2008 ; Place: Mallankuppe ; No. of Participants: 113, covering10 villages.

63C Huliyurdurga – Kunigal

Date: 19.02.2008; Place: Dodda Mavathur ; No. of Participants: 57, covering 7 villages.

63D Kunigal – Tumkur

Date: 19.02.2008 ; Place: Kothagere ; No. of Participants: 91, covering 7 villages.

63E Tumkur – Koratagere

Date: 18.02.2008 ; Place: Beladara ; No. of Participants: 67, covering 6 villages.

64F Koratagere – Madhugiri

Date: 18.02.2008 ; Place: Keregalapalya No. of Participants: 83, covering 4 villages.

64G Madhugiri – Pavagada

Date: 18.02.2008; Place: Hoskere ; No. of Participants: 92, covering 12 villages.

19A Mudhol – Mahalingapur

Date: 21.11.2008 ; Place: Ranna Belagali ; No. of Participants: 53, covering 6 villages.

19B Mahalingapur –Kabbur

Date: 21.11.2008 ; Place: Kankanawadi ; No. of Participants: 58, covering 7 villages.

19C Kabbur – Chikkodi

Date: 21.11.2008 ; Place: Nagaramunnoli ; No. of Participants: 32, covering 7 villages.

19D Chikkodi – Nippani

Date: 19.12.2007 ; Place: Pattankudi ; No. of Participants: 113, , covering 6 villages.

Page 39: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 35

Link Details

T21 Shikaripura – Anadapuram

Date: 07-01-2009; Place: Salurl ; No. Of Participants: 35, covering 8 villages.

M7A Shimoga- Shikaripura

Date: 07.01.2009 ; Place: Shimoga ; No. of Participants: 180, covering 10 villages.

M7B Shikaripura – Anavatti

Date: 12-01-2009 ; Place: Thogarsi, No. Of Participants: 80, covering 9 villages.

10A Managuli - Talikote

Date: 13.11.2008 ; Place: Huvina Hipparagi ; No. of Participants: 25, covering 6 villages..

10B Talikote – Devapur

Date: 13.11.2008 ; Place: Huvina Hipparagi; No. of Participants: 25, covering 10 villages.

Table 4.6: Key Out Comes of Public Consultations and Incorporating in Project Design

Integration Key Outcomes Integration into Project Design and Action Plan

Policy Level

Integration

The people wanted to know the details about the

project, especially compensation for the affected

land and structures. Land losers said compensation

must be paid on the current market rate.

Those losing house wanted to know what alternative

would be provided. Most asked for alternative

house/site.

Overall people were not opposed to the road, but

asked to keep to the existing alignment – people

wanted equal widening of the road.

People also asked to consider available government

land while widening, and avoid affecting structures.

In urban/built up areas, people have asked for the

reduction in COI, and wherever feasible have asked

for realignments/bypasses to avoid affecting

structures. People wanted information about the

COI and what would be the impacts outside the

COI by the project

In some links for earlier road widening the PWD

had not paid compensation. People were not willing

to give land for this project unless the previous

compensation was paid.

Overall people are of the opinion that

smoothening/straightening of the curves will affect

valuable agriculture/horticultural lands and

structures. The people asked the project authorities

to consider available open land wherever it was

available instead of impacting their house and land.

The people said that community assets and public

utilities should be replaced and shifted prior to the

start of project work. The people have asked retain

some structures such as aralikattes and temples

which are an integral part of some communities

Those losing land wanted exact information on the

extent of land to be acquired.

In case bore wells are affected people asked for

alternative borewell, to be provided by the Project

Authority.

Squatters asked for alternative livelihood option and

for commercial sites.

The villagers asked for the provision of public

toilets in the villages.

People said drinking water is insufficient and asked

for drinking water facilities in the villages.

The project background was given by the PA.

Compensation will be paid based on the Project

Policy. It will be according to the Karnataka

Highways Act, through negotiations – which

would be equivalent to the current market price.

For those losing house – alternative option will be

provided in the Project Policy, taking into

consideration the extent of loss.

For equal widening of the road, it was explained

that the road design was based on technical

considerations, so this was not possible in all

sections of the road.

Where ever government land is available it will

be considered – how ever this was dependent on

design.

The Project will consider reduction of the COI

where ever possible. The different road cross

sections were explained to the people.

It was informed that in earlier cases where

compensation has not been paid for land

acquisition, the matter will be looked into.

It was explained that design was based on

technical feasibility. In some cases it the design

will impact structures and land- and it is

unavoidable. However wherever feasible

available open land will be used.

It was informed that affected community assets

and public utilities will be replaced before the

start of the project. Structures which are

important to the community will be retained as far

as possible. In case it cannot- it will be replaced

by the project.

During the process of notification under land

acquisition, the exact extent of land to be acquired

will be notified.

It was explained that squatters will be assisted

according to the project Resettlement Policy.

The Authorities will look into providing toilets

and drinking water as a part of the project

/community development programme. (It will be

dealt with on case to case basis during

implementation.)

Page 40: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 36

Integration Key Outcomes Integration into Project Design and Action Plan

The people asked for safety measures in hospital

and school zones. It was informed that the project

will take sufficient safety measures to prevent

accidents.

An affected person had just taken a loan to built his

house, which is likely to get affected. He wanted to

know how he would be compensated.

Another point raised was a person losing his

agriculture land; his land is under dispute and the

matter is pending in court; he wanted to know how

the project would compensate him.

In some cases there was no consensus on

realignments/bypasses.

People asked that grama sabhas be conducted in all

the villages. Each village wanted to have a separate

meeting to discuss specific problems.

As a part of project design adequate safety

measures will be integrated to prevent accidents.

Attention will be given school and hospital zones.

Compensation will be paid for the affected

structure based on PWD schedule of Rates

without depreciation. For land compensation will

be through negotiation.

In case of land under dispute. Compensation

amount will be deposited in the court.

The project Authorities will hold further meetings

to resolve issues where there is no consensus .

It was informed that during implementation the

NGOs will hold gram sabhas.

Design Level

Integration

Koratagere- Realignment has been proposed for

this town, based on screening process in the

feasibility studies and consultations with the

people.

Huliyurdurga – Based on the urban studies and

the social screening conducted during the

Feasibility Studies stage and consultations held

with people realignment for Huliyurdurga town

was proposed.

Dharwad town - In Dharwad town the existing

road between chainage 0+000 – 2+400 was

widened in the 1962. Land was acquired but no

compensation was paid as per information given by

local residents. Again in 2006 the road was

widened by taking additional land and no

compensation was paid. There is also a structure

which is over 100 years old that is getting affected.

Again under KSHIP-II widening has been

proposed. According to the social census survey

about 140 structures are getting impacted in the

settlement area, affecting about 150-180 families.

The people requested to avoid further widening.

Realignment proposed

Realignment proposed

Reduction of COI inside Dharwad Town.

Gulbarga – The road terminates now at Ch 29

+400. Earlier the road was upto 32+760. This was

due to technical reasons due to Railway over

bridge which is on this link. This has reduced the

impact especially in Gulbarga Town.

The road will terminate at the ROB, before

Gulbarga Town.

Perceived Positive Impact

4.34 The advantages of the project as perceived by the stakeholders were: (i) The project will

provide faster movement of people and goods which in turn would provide a boost to local as well as

State economy; (ii) The people also felt that the displaced shops would get a better opportunity

through the project to re-establish them in more organized place; (iii) The people felt that the

interconnectivity of settlements along the corridor will improve substantially; (iv) Help alleviate

development constraints in agriculture, commerce, education, health and social welfare; (v) Travel

time would be saved; and (vii)Better designs and safety measures will lead to reduction of accidents.

Perceived Negative Impact

4.35 Negative impacts perceived by the people are (i) Loss of land; (ii) Displacement of people;

(iii) Loss of livelihood; and (iv) Loss of community assets.

Page 41: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 37

Levels of Consultation

4.36 The consultation program is tiered and conducted at several levels that included, among

others, the following:

- Heads of households/members likely to be impacted

- Villagers and Village Panchayats

- Local voluntary organizations, CBOs/NGOs, Government agencies and Departments

- Project stakeholders, such as women, road-user groups and others.

Mitigation through realignments/bypasses and Design Alteration

4.37 There are a few built up places/villages/towns where the road improvement will have adverse

impacts on structures and livelihood of the people. In a number of places such Huliyurdurga in 63 C;

Madhugiri in 64 G, Koratagere in 63 E to mention a few realignments have been proposed. These

design changes have been taken based on the views expressed by the people and technical

considerations. In some places, the available alternative link roads have been considered such as the

National Highway connectivity near Kunigal Town. This design and planning measure has helped to

reduce the negative impact on structures and livelihood of the people.

4.38 However, sometimes the need for a bye pass/realignment as expressed by the people has to be

treated with caution. Those losing their land due to the realignment would be reluctant for the same

especially if they are losing irrigated/fertile land. In some villages for example, the people of the town

have in the public consultation have suggested a bye pass/realignment to the village. However, some

of the farmers losing their land for the realignment do not want the realignment/bye pass.

4.39 There are 2 major realignments proposed at Huliyurdurga and Koratagere. Proposals for

realignments have been fixed after detailed consultations with all the primary and secondary

stakeholders. The feed back received from the local people have also helped to minimise the impact of

COI/ proposed ROW between 14 to 16 mts. This has been arrived in consultation and in agreement

with the likely project affected people. While preparing the alignment design the same has been

considered in detail.

Design Cross- Sections

4.40 There are nine types of typical road cross sections proposed for upgradation roads. Distinct

design approaches have been followed to minimize negative impacts on the people. The Typical road

cross section for upgradation roads is given in Annex 4.18.

(i) UR 1 Rural Cross section: This has a 7mts paved carriage way, with 1.5 mts paved shoulder and

1.0 mts unpaved shoulder on either side.

(ii) UR 2 Rural Cross section (through village): This has a 7mts paved carriage way, with minimum

2.5 mts to a maximum of 4.5 mts paved shoulder and 1.0mts uncovered drains on each side.

(iii) UR 3 Urban Cross section in Built up area (with covered drain): This has a 7mts paved carriage

way, with minimum 2.5 mts to a maximum of 4.5 mts paved shoulder and 2.0 mts footpath on

either side, with the drains below the foot path.

(iv) UR 4 Urban Dual Lane Cross section in Built up area (with covered drain): This has 1.2 mts

median with a 7.5mts carriageway on either side and 2.00 mts footpath on either side, with the

drains below the foot path.

(v) UR 5 Rural Cross section in Sugarcane belt: This has a 7mts paved carriage way, with 2.5 mts

paved shoulder and 1.0mts unpaved shoulder on each side.

(vi) UR 6 Rural Cross section in Hilly Terrain: This has a 7mts paved carriage way, with 1.5 mts

paver block and 1.0mt verge and guard rail on the valley side and 0.8mts concrete drain with

0.5mts benching on the hill side.

(vii) UR 7 Rural Cross section in Cutting: This has a 7mts paved carriage way, with 1.5 mts paved

shoulder and 1.0mts paver block shoulder on each side, beyond which there is 0.8mt concrete

drain and 0.5 mts benching.

Page 42: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 38

(viii) UR 8 Urban Cross section with parking bays: This has a 7mts paved carriage way, with 2.5 mts

paved shoulder and 6.0mts parking bays on each side, beyond which there is a 2.0mt foot path

with drains below.

(ix) UR 9 Rigid Pavement rural cross section ( through village): This has a 7mts paved carriage

way, with minimum 2.5 mts to a maximum of 4.5 mts paved shoulder and 1.0 mt drain on either

side.

Mitigation through Design Cross Section

4.41 The changes that have been considered in the project through good designs to mitigate social

impacts include:

- Avoiding unnecessary displacement by modifying project alignments, reducing the width of the

corridor of impact, or modifying design based on rural and urban cross sections. At built up/

village sections where the road width is insufficient for expansion, design alternatives include

reduction of COI. In Dharwad town in 21 B, the public have expressed the view that if,

resettlement has to take place for a few houses, the whole colony have to be resettled. To avoid

such a situation the COI through the town has been reduced. In Package 4 for example the COI

was further reduced to minimize impact on borewells which are the only source of drinking

water in the region.

- Smoothening of curves and bends for better geometric design. In case where it affects

settlements, alignment changes were done.

- Minimal impact on residential and commercial structures thus minimising resettlement and loss

of livelihood.

- Paved shoulders to be maintained as far as possible to facilitate movement of non-motorised

traffic.

- Reducing design speed in built up areas;

- Reducing impacts on existing shrines and worship places;

- Providing suitable safety measures, such as speed reductions near schools and hospitals;

- Minimising the raising of roads in urban areas to prevent water seepage to the houses adjoining

the roads and;

- Providing access to businesses and residential units that would be otherwise impacted by

construction; and minimising losses of public and private property, such as tube wells, tree

plantations and other common property resources within the ROW, by minimising the width to

be cleared.

Road safety and Traffic Management measures

4.42 During the consultations safety of the roadside communities has been found to be a major

concern. A number of measures have been proposed to reduce the risk of traffic accidents Traffic

safety measures included: Conducting “Road safety Audits” has become a key responsibility as part

of the Highway Designs. Various road safety appurtenances, which should be adopted as a part of

improving the safety in the road design, are adopted in the project road designs:

4.43 Road Furniture details include: Road Markings; Cautionary, Mandatory and Informatory

signs; KM stones and 200m stones; Delineators and Object Markers; Guard Posts and Crash Barriers;

Road Humps & Rumble Strips; Reflective Pavement Markers (RPM) and Chevron signs and Median

& Footpath Barriers. In addition Bus bays, parking bays, truck lay byes with rest areas and detailed

improvements to major and minor intersections on the project road coupled with identification of

black spots are being dealt with.

4.44

Magnitude of Impacts Cultural properties and CPRs

4.45 There are no sites of archaeological importance or sacred groves within the COI for Stage I.

The project authorities would relocate cultural properties in alternative site such as places of worship

which are getting totally affected. The identification of alternative site will be done PIU in

consultation with the local user population of that particular cultural property. The alternative site for

Page 43: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 39

construction will be provided by the GOK. In case government land is not available, the project

authorities will have to buy land to replace the cultural property. If the cultural properties are partially

affected the project authorities will compensate only the affected portion.

4.46 The project will impact 1646 community structures. There are: 3 High Schools, 12 Primary

School, 141 Temples, 44 Shrines, 109 Aralikattes, 182 Bus shelters, 220 Hand pumps, 200 MWS

tanks, 2 Anganwadi, 7 Mosques, 10 well etc. There are approximately 716 structures which are

getting partially affected including : Basement, Bore well, Compound wall, Fence, Flag pole, Govt.

Land, Public toilet, Pump house, School toilet, Water tank, Water tap, Sign board, Grave yard,

Statues, APMC check points. In major cases all the impacts are partial in nature as for example the

boundary wall of school, hospitals etc are getting affected. Package wise details are given in Annex

4.17.

4.47 All community assets getting affected need to be relocated before commencement of civil

works. The broad timetable for relocation of community assets is given in the Implementation

Schedule. The relocation of the community assets needs to be undertaken concurrently in all the

contract packages. The project authority will be responsible for the construction of the affected

community assets. The relocated community assets would be handed over to the local

community/trust for maintenance.

4.48 All hand pumps getting affected will be located depending on availability and depth of water

table. Water points, public taps and wells getting affected will also be similarly relocated. All affected

aralikattes, will be built by the project authorities, and in sites identified by the project-affected

groups. The project authorities will relocate all the bus shelters getting affected by widening of the

road. The location of the bus shelter were decided on the basis of the frequency of usage arrived

through the consultative process of the users and design requirements. The cost of relocation of

community assets to be borne by the project is provided in Chapter 8.

Page 44: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 40

CHAPTER V - IMPLEMENTATION ARRANGEMENTS

Institutional Arrangements

5.1. In KSHIP-I a dedicated unit called the Social Development and Resettlement Cell (SDRC)

was set up within the Project Implementation Unit for the implementation of the RAP. All aspects of

resettlement and rehabilitation and the delivery of entitlements are managed by Social

Development/Resettlement Cell (SDRC). One NGO was hired for implementation by the project and

concerned Zilla Parishad supporting implementation. In KSHIP –II modification have been proposed

to the existing institutional setup, based on the experiences gathered through the lessons learning on

implementation of KSHIP I and with in the changing scenario of the decision of the Government of

Karnataka where in KSHIP II the land acquisition will be done under the Karnataka Highways

Act,1964.

5.2. Based on KSHIP I experience the continuity of the Chief administrative Officer and

Additional Director Social Welfare (ADSW) is very important in over all implementation process of

R & R. Frequent transfers need to be minimized as it hampers smooth implementation. The GOK

needs to ensure the continuity of these officers for at least two years.

Social development and Resettlement Cell (SDRC) – KSHIP-II

5.3. The SDRC facilitates land acquisition and compensation, relocation and resettlement,

distribution of assistance for the PAPs. The SDRC is responsible for monitoring the implementation

of all resettlement and rehabilitation activities, including land acquisition. The responsibilities of

SDRC include:

(a) responsible for all land acquisition activities;

(b) liaison with State and District levels Departments to facilitate PAP access and take advantage of

services and programs already in place;

(c) evolve mechanisms for coordinating the delivery of the compensation and assistance to entitled

persons;

(d) review and provide social development perspectives and inputs to on-going project design and

implementation by working closely with project planners, contractors, and construction

supervision consultants;

(e) link the project with state government agencies, provide liaison with PWD field units and

impacted communities, coordinate with district-level committees regarding social development

and resettlement operations in the field, mobilize assisting NGO partners, and support the

organisation of local community representing PAPs; and

(f) engage required training services, oversee a grievance redressal process, actively monitor RAP

implementation, and cooperate with planned project evaluations.

SDRC and Staff Deployment

5.4. The RAP will be implemented by two divisions of PIU namely North Karnataka (Belgaum);

and South Karnataka (at Bangalore) division. After a series of discussions the PIU, have suggested

some modifications in the SDRC setup in the light of the Karnataka Highway Act, 1964 and proposed

KSHIPII. Staffing is complete for the proposed institutional set up. The key SDRC officials are:

5.5. Special DC Land Acquisition - Special Deputy Commissioner in the cadre of KAS will be the

in charge of the overall land acquisition (in place). He will be assisted by 2 Assistant Commissioners

for Land Acquisition who are responsible for all activities related to land acquisition. One Assistant

Commissioner will be stationed in the zonal office of North Karnataka (Belgaum) and the other one

would be stationed at PIU Office (South Zonal Office) in Bangalore.

5.6. Chief Administrative Officer –The CAO (in place) in the cadre of KAS will be responsible

for all resettlement and rehabilitation activities. The CAO will also be assisted by The Assistant

Director Social Welfare (ADSW) who will be responsible for R&R work. On the land acquisition side

CAO and the Assistant Commissioners will be responsible for fixing the negotiated price of the land

Page 45: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 41

along with the affected persons according to the Karnataka Highways Act, 1964, and disbursing the

compensation. (See Chapter 5)

5.7. The Assistant Director Social Welfare (in place) is responsible for shifting of project affected

persons, co-ordination of disbursement of assistance such as shifting allowance etc., disbursement of

funds for income generating programmes, relief assistance, etc. The ADSW needs to have relevant

experience of at least 5 years in resettlement projects, with a minimum educational qualification of

Masters in Social Science. The experience of KSHIP I show that the frequent transfer of the ADSW

delayed the implementation job hence the continuity of the officer holding the post of ADSW is

important.

5.8. The Resettlement & Rehabilitation Manager (in place) will assist the ADSW and co-ordinate

all the rehabilitation work of the SDO’s. The R & R Manager has to have experience in resettlement

projects with minimum experience of 3 years, with a minimum educational qualification of Masters

Degree in Social Sciences.

5.9. The ADSW and the Resettlement and Rehabilitation Manager will be assisted by the Social

Development Officer (SDO). In addition four SDOs will be stationed in the Assistant Commissioners

Office to be located on North zone and PIU –South in Bangalore (already appointed). The

responsibility of SDO includes: support to resettlement and rehabilitation related work pertaining to

RAP implementation, like issue and the verification of ID cards, identification of local income

generation potential, monitoring rehabilitation works, providing assistance to vulnerable groups, co-

ordinating with NGOs etc. The SDO has to have a Masters degree in Social Sciences.

5.10. The SDOs will be assisted by the Social Welfare Inspectors (SWI). It is proposed to have 6

SWI each at the Assistant Commissioners Office North and at the PIU office, Bangalore. The SWI’s

are supporting staff to SDOs to carry out the functions as per the directions of SDOs.

5.11. The SDRC will have a Data Management Specialist. The responsibility of this person will be

to monitor and update the data of all the project affected persons; to highlight any discrepancy in

compensation and paid disbursed; and co-ordinate the inputs of information from the North and

South Divisions to the Central data base at PIU at Bangalore. The Data Management Specialist is to

be supported by additional staff. The PIU has already appointed the Consultants for data base

management. Information is ready to be transferred to the PIU for use in implementation. The

proposed SDRC institutional setup is given in Chart 5.1

Protection of RoW

5.12. Section 5 of the KHA mentions the Highway Authority will exercise power and discharge

duties in accordance with provisions of the KHA for restriction of ribbon development along the

highways and for prevention and removal of encroachments. The Highway Authority under Section 7

has power to fix boundary of building and control lines of highways. Section 21 mentions prevention

of unauthorized occupation of highway. Thus the onus of protecting the COI/RoW lies with the

Project Authority. Once the COI/Row has been identified and frozen, the COI/RoW has to be clearly

marked with boundary stones. Any new encroachment into the area will be monitored the Division

PWD, this has to be done through bi-monthly site inspection by the Divisional Engineer in charge.

Those Non-titleholders already identified by the project will be provided by Identity Cards issued by

the PIU. The bi-monthly site inspection will help to prevent further encroachments.

Valuation of other structures/assets

5.13. The valuation of structures and other assets, which have not been covered by the LAPs will be

carried out by Government approved valuators appointed by the PIU. Valuation will be done on the

basis of current PWD Schedule of Rates, without depreciation. Based on the valuation another 30%

will be given as top up. However, this will be approved and verified by the concerned Executive

Engineer. It will be forwarded to the PD for approval. Trees will be valued by the Horticulture/Forest

department.

Page 46: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 42

Roles and responsibilities of officials for RAP implementation

5.14. The Administrative roles and responsibilities and financial powers - existing and to be

delegated of the SDRC officials are given below. Delegations of financial powers have to done

through a Government Order.

Table 5.1: Administrative and Financial Responsibilities of officials and Agencies for RAP

Implementation Personnel

/Agency Administrative Roles & Responsibilities

Financial Powers

PIU Chief Project

Officer In charge of the overall project activities.

To decide on all policy matters regarding LA and

R&R.

Participate as a member secretary in the State level

Committees to facilitate land acquisition, pre-

construction activities, and implementation of R&R

activities.

Authorized to take decision in financial matters within

the provided budget.

Will be authorized to

make any additional

changes without

having to refer to the

Steering committee,

provided the amount is

within the budget

Project

Director Overall in charge of day to day activities of LA and

R&R.

Participate in State and District level meetings to

facilitate LA and R&R activities.

Responsible for contracting NGOs and M&E

consultants.

Periodic appraisal of progress and reporting to the

World Bank and the Government on monthly basis.

To approve awards

above Rs.50 lakhs to

Rs. 1 Crore.

To approve of R& R

assistance above 1

lakh.

SDRC Chief

Administrative

Officer

Responsible for all R&R activities

Co-ordinate the implementation of R&R activities with

PIU, field staff, engineering and revenue officials.

Approve of micro plans prepared by the NGOs for

implementing RAP.

Monitor the progress of R&R activities and LA

carried out by the NGO and M&E Consultants.

Hold periodic meetings on R&R implementation and

report to the PD and CPO.

Provide advisory support to PIU for monitoring of

RAP implementation.

To approve payments

for R&R assistance

upto Rs. 1 lakh per

individual.

Assistant

Director Social

Welfare

Assist CAO in the implementation of R&R activities.

Co-ordinate training for PIU and NGOs for capacity

building to implement R&R.

Facilitate development of resettlement sites and

agriculture land.

Participate in the allotment of residential and

commercial plots to the PAPs.

Liaison with district administration and line

departments for dovetailing government schemes for

income generating activities to PAPs.

Participate in the meetings of Grievance Redressal

Committee.

No financial powers

Page 47: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 43

Personnel

/Agency Administrative Roles & Responsibilities

Financial Powers

Manager R&R Co-ordinate implementation of R&R activities with

PIU and field staff.

Facilitate the appointment of external agency for

impact evaluation and co-ordinate evaluation activities

to be taken up by the implementing NGO.

Assist CAO to perform R&R activities.

Review the work in finalization of resettlement site

development.

Prepare monthly progress report for the SDRC and

Land Acquisition.

Monitor the R&R report and submit to CAO and PD.

No financial powers

LAND

ACQUISITION

Special DC

Land

Acquisition

Co-ordinate Land acquisition process with Tahsildar at

field.

Prepare guidelines and procedures to be adopted for

land acquisition.

Interact with District officials and other stakeholders to

speed up the land acquisition process.

Monitor land acquisition and report progress to CPO

and PD.

To approve awards

upto Rs.50 lakhs,

Assistant

Commissioner-

LAO

Assist CAO and Sp. DC LA to perform R&R and Land

Acquisition activities.

Make budgetary provisions

No financial powers

Tahsildar Overall responsible for land acquisition as land

acquisition officer.

Co-ordinate the preparation of Land Plan Schedules

with Consultants and monitor the same.

Facilitate the preparation and submission of Section 15

notification under KHA for land acquisition.

Prpepare progress report on physical and financial

monitoring of LA and submit to DC LA.

No financial powers

FIELD UNIT Executive

Engineer Participate in District level meetings.

Oversee the process of implementation of RAP in the

field.

Ensure the preconstruction work is done before

handing over site to contractor.

Oversee the process of land acquisition, shifting of

CPRs and other assets in the field.

Scrutinise and certify the structures valuation report

submitted by the valuators.

CO-ordinate selection of resettlement site.

Conduct periodic review with staff

Submit monthly progress reports to PD on R&R

activities.

No financial powers

Assistant

Executive

Engineer

Responsible for pre construction work in his

jurisdiction.

Finalization and demarcation of COI.

Co-ordinate with NGO/M&E consultants and SDO to

carry out R&R activities.

Co-ordinate with valuers for preparations of estimates.

Support SDO/NGO for selection of resettlement site.

No financial powers

Social

Development

Officer

Overall responsible for R&R activities in the field

Liaison with District administration and line

departments for dovetailing government schemes.

No financial powers

Page 48: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 44

Personnel

/Agency Administrative Roles & Responsibilities

Financial Powers

Make budget provision for R&R activities

Participate in allotment of sites to PAPs.

Co-ordinate with NGO/M&E consultants for

implementation of R&R.

Facilitate opening of Joint Accounts for PAPs for

transfer of R&R assistance through cheque.

Co-ordinate to disseminate the R&R policy in local

language.

Facilitate public consultation on R&R Policy with

NGO/ Revenue/ PWD officials.

Organize meetings with NGOs to review progress at

district level and submit to R&R Manager and CAO at

PIU.

Social Welfare

Inspectors Responsible for maintaining the R&R work at division

wise.

Assist NGO for selection of resettlement site.

Assist M&E /NGO to conduct training for PAP on

IGA

Co-ordinate with SDO/EE at filed level for

disbursement of R&R assistance.

Ensure all eligible PAPs are awarded compensation.

Attend monthly meeting at district level and submit

monthly progress report to R&R Manager and ADSW.

No financial

powers

DATA BASE Data

Management

Specialist

Responsible for maintaining the database of the PAPs.

Responsible for maintaining the database of overall

physical and financial progress.

Co-ordination of the database for SDRC.

The implementation of R&R activities by NGOs to be

maintained.

Provide necessary formats for collection of field

information.

Co-ordinate with SDRC to prepare and maintain the

progress report.

Maintain the records of grievance redressal committee.

Co-ordinate the inputs of data form North and South

Divisions.

Identify discrepancies in disbursement.

No financial

powers

EXTERNAL

AGENCIES

NGO Responsible for providing PIU support for

implementation of RAP.

Verification of PAPs.

Distribution of ID cards.

Preparation of micro plans.

Dissemination of information.

Assist to PAPs to avail R&R assistance and

compensation.

Identify resettlement /vendor market sites.

Identify training needs and provide the same.

Facilitate in opening joint accounts.

Enable PAPs to identify alternate sites for house/shop

Assist PAPs to relocate.

Provide monthly progress reports on implementation

No financial

powers

M&E

Consultants Conduct monitoring of RAP implementation activities. No financial

Page 49: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 45

Personnel

/Agency Administrative Roles & Responsibilities

Financial Powers

Conduct internal, external and concurrent monitoring.

Provide early alert to PIU to redress any potential

problems.

Monitor target achievements and slippages.

Certification of readiness from LA and R&R view at

the time of issuing bid documents and award of

contract.

powers

Grievance

Redressal

Committee.

Support PAPs in resolving issues related to R&R and

LA.

Record grievance and resolve them within stipulated

time.

Inform PIU about any serious cases.

Report to the aggrieved parties about the decisions of

the PIU.

No financial

powers

Negotiation

Committee. Negotiate the consent price of land No financial

powers

Competent Authority for various Approval

5.15. The table below identifies the competent Authority for various approvals during

implementation.

Table 5.2: Competent Authority for Approvals Approvals Required Competent Authority

Approval for LA awards Special DC LA and PD, PIU; Notification by

Government

Approval for Roles & Responsibilities for SDRC officials

and staff

Steering Committee

R&R Policy/ Entitlements and amendments to Policy Government

RAP and Budget Steering Committee

Changes in R&R Policy/RAP implementation and

entitlements

Government

RIPs CPO

Consultants/NGOs output CAO

Fixing compensation rate Price Negotiation Committee – District level

Approval for issue of ID cards CAO PIU jointly by Engineers/ Revenue /NGO.

Approval of disbursement of Assistance CAO; PD

Approval for structure valuation with land Preparation By Divisional EE/ valuators and approval

by PD and Special DC LA

Approval for structure valuation without land Preparation By Divisional EE/ valuators and approval

PD

Approval for shifting and relocation of community assets Estimate preparation by Divisional EE and approval

by PD

Approval for requirement of Resettlement site , vendor

market for PAFs

CAO, PD

Approval for any grievance related to R&R Grievance Redressal Committee

Implementation support by NGOs

5.16. The work of the NGO will include consultations and counseling of PAPs, encouraging PAPs

for productive utilization of compensation and rehabilitation grants, facilitating PAP access to income

generating assets, increasing the social acceptability, ensuring effectiveness of training programs

organized for PAPs electing participation in self employment schemes etc. The performance of the

NGOs in KSHIP I was not as effective as expected. Drawn upon the experiences of KSHIP I, the

SDRC has to ensure that the NGO has sufficient experience in implementation of resettlement project,

especially in Karnataka and it has to have adequate manpower.

Page 50: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 46

5.17. Considering the capacity constraints of NGOs as experienced by the PIU through KSHIP and

also the spatial distribution of roads through out the state, hiring the support of two NGOs was

decided for speedy implementation of the project and a better control on implementation schedules in

coordination with civil works contract.

5.18. The NGO will work as a link between the PIU - SDR Cell and the affected community. They

will educate the PAPs on the need to implement the Project, on aspects relating to LA and R&R

measures and ensures proper utilization of various compensations extended to the PAPs under the

R&R entitlement package. The tasks of the NGO will be to facilitate the resettlement process. Its

broad objectives will be:

1. Identification, verification and updating of PAP Census, Includes verification of properties of

PAPs and estimation of their type and level of losses for the preparation micro plans and ID

Cards.

2. Develop micro plans in consultation with the PAPs and PIU staff.

3. Educate PAPs on their rights, entitlements, and obligations under the RAP; Assist the PAPs to

identify suitable alternate land for resettlement purposes;

4. Preparation and Distribution of Entitlement cum Identity Card. All eligible project affected

families will be issued Identity Cards, giving details of the type of losses and type of entitlements.

A copy of the ID card is given in Annex 5.1.

5. Ensure that PAPs receive their full entitlements; Where options are available, the NGO will

provide advice to PAPs on benefits of each option; Ensure proper utilization by the PAPs of

various compensations available under the R&R package; Assist the PAPs in getting benefits

from various government development programs;

6. Rehabilitation of Affected Families and restoration of Income and Livelihood. The NGO will help

the communities derive maximum benefits out of the project without loosing their livelihoods and

the least impact on socio-cultural aspects of their lives.

7. Assist PAPs on grievance redressal through the established system; and

8. Will relocate PAPs. Assist PIU in making arrangements for the smooth relocation of the PAPs;

No Physical relocation from agriculture land, residential units, commercial establishments or

other immovable properties will begin before alternate arrangements are made.

9. Any other responsibility that may be assigned by the PIU for the welfare of the affected

communities.

5.19. In order to carry out the above tasks, NGO staff will be stationed in the site offices. Besides

contacting the PAPs on an individual basis to regularly update the baseline information, group

meetings and village-level meetings will be conducted by the support agency on a regular basis. The

frequencies of such meetings will depend on the requirements of the PAPs but should occur at least

once a month. The support agency will have to encourage participation of individual APs in such

meeting by discussing their problems regarding LA, R&R and other aspects relating to their socio-

economic lives. Such participation will make it easier to find a solution acceptable to all involved

5.20. The services of the NGO will be maintained till the completion of RAP implementation. The

ToR for the NGO is given in the Annex 5.2.

Monitoring and Evaluation

5.21. Monitoring and Evaluation (M&E) are critical activities in involuntary resettlement.

Monitoring involves periodic checking to ascertain whether activities are going according to the plan.

It provides the feed back necessary for project management to keep the programmes on schedule. By

contrast, evaluation is essentially a summing up, the end of the project assessment of whether those

activities actually achieved their intended aims. Monitoring provides both working system for project

managers and a channel for the resettles to make known their needs and their reactions to resettlement

execution. Monitoring exercise will be undertaken both internally and externally. For the external

consultants the Terms of reference for M&E consultant has been placed as Annex 5.3.

Page 51: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 47

5.22. While SDRC/PIU on monthly basis will carry out the project’s internal monitoring and

external agency will be appointed for third party monitoring. External agency will conduct quarterly

monitoring mid term and concurrent evaluation. End Evaluation will be carried out by another agency

not associated with implementation. Indicators, which will be monitored during the project, may be

divided into two categories.

Process and output indicators or internal monitoring

Outcome/impact indicators or external monitoring

5.23. Monitoring is essentially an exercise in strategic learning that can and should be used for

enhancing the quality of RP implementation. There are two types of monitoring being undertaken

namely (a) Internal, which is normally carried out by the project authority itself and (b) external or

independent monitoring by an external agency.

Internal monitoring

5.24. The internal monitoring is a conventional monitoring of government related to physical

factors such as, number of families affected, resettled, assistance extended infrastructure facilities

provided, etc. and other financial aspects, such as compensation paid, grant extended, etc. the internal

M&E must be simultaneous with the implementation of the Rehabilitation Action Plan (RAP).

5.25. The objectives of the internal monitoring are: (i) Daily Operations Planning; (ii) Management

and Implementation and (iii) Operational Trouble shooting and Feedback. The periodicity of internal

monitoring could be daily or weekly depending on the issues and level.

External monitoring

5.26. An external monitoring and Concurrent evaluation agency will be appointed to monitor and

evaluate R&R programmes on periodical basis. The role of such an agency will facilitate process of

R&R and thus provide support in the proper implementation of rehabilitation programmes. It should

also bring the difficulties faced by the PAPs to the notice of PIU so as to help in formulating

corrective measures. As a feedback to the PIU and other concerned, the external agency should submit

quarterly report on progress made relating to different aspect of R&R. The agency will also certify the

completion of LA and R&R activities for issuing bid documents and award from LA and R&R point

of view.

5.27. The tasks of the external monitoring are:

To track resettled and host population over time in order to document the restoration of incomes

and standard of living.

Determine remedial action if required.

If income and standard of living of the PAPs has at least been restored and has not declined.

In case of host population, whether income and standard of living of host population have not

declined due to influence of resettlers.

Whether resettlers and host population has re-integrated with each other.

Certification of satisfactory completion of pre identified actions prior to issue of bids and award

of contract.

Concurrent Evaluation

5.28. This evaluation will be carried out simultaneously with the monitoring. For concurrent Impact

Evaluation the M& E Consultant shall:

i. Verify whether the objectives of resettlements have been realized, particularly the changes in the in

the living standards;

ii. Impact assessment is to be compared with the baseline values for key socioeconomic as given in

the RAP. If such information is not available information based on the same time of survey, has to

be collected on recall basis;

iii. to assess whether the compensation is adequate to replace the lost assets;

Page 52: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 48

iv. to assess how the compensation has been utilized;

v. assess the perceived benefits and losses of resettlement

vi. Assess the level of satisfaction of the various assets provided as part of R&R implementation;

vii. Based on the impact assessment, suitable remedial measure are to be proposed for any

shortcomings and;

viii. Remedial measure if PAPs are not able to improve their living standards.

Table 5.3: Monitoring Indicators for Physical Progress

Sl.

No.

Monitoring Indicators for

Physical Progress

Implemen

tation

Target

(Nos)

Revised

Implementation

Target

Progress

This

Month

Cumulative

Progress

% against

Revised

Implementation

Target

1 Land Acquired- private 215.93 ha

2 Land transferred – Government 9.36 ha

3

Compensation for loss of

Residential and Commercial

structure to title holder.

609

4 Shifting assistance to Title holder

for Residential and commercial 130

5

Subsistence allowance for

residential and commercial

structures for titleholder.

130

6 Alternative shop/or IGA for

commercial structure (owner) 65

7 Residential tenants to be paid

rental allowance 8

8 Commercial tenants to be paid

rental allowance 229

9 Shifting assistance for tenants 237

10 Income generating Assets for

Commercial tenants. 229

11 Residential Structure for squatters 78

12 Shifting allowance for Residential

and commercial squatters 1098

13 Commercial squatter for shop or

IGA 1024

14

Subsistence allowance for

Residential and commercial

squatters

1098

15 Vulnerable groups 1644

16 Cattle Shed 47

17 Community Assets 1648

Table 5.4: Financial Indicators for Progress

Sl. No. Category Estimated Cost (Rs. In

Crores)

Progress this

month

1 Land Acquisition 38.47

2 R&R Works 46.18

3 R&R Assistance 48.52

4 NGO Services & M & E Services 1.05

5 R&R Goods 0.91

Page 53: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 49

Table 5.5 - Monitoring Of GRC

Sl.

No. Particulars

1st

Quarter

2nd

Quarter

3rd

Quarter

4th

Quarter

1 No. of cases referred to GRC

2 No. of cases settled by GRC

3 No. of cases pending with GRC

4 Average time taken for settlement of cases

5 No. of GRC meetings

6 Number of PAPs moved to court

7 No. of pending cases with the court

8 No. of cases settled by the court

9 No. of GRC meetings

End Impact Evaluation

5.29. The impact evaluation will be carried out after the implementation of RAP is over. This is

never and easy matters to determine. Financial considerations often require an impact evaluation

shortly before or after the project concludes. However, project continuous to evolve overtime.

Therefore it is suggested, that if required, second impact evaluation be carried out after three to five

years of project conclusion as retrofit survey.

Table 5.6: Impact Indicators

Impact Indicators Pre project baseline Mid Term

Evaluation

End Project

Evaluation

ECONOMIC

Annual Income< Rs.26000 57.05%

Average annual income of Rs. 36,145

Occupation ( Major impact)

1.Agriculture

2.Agriculture labour

3.Trade & Commerce

4. Professionals

39.7%

19.32%

30.33%

0.81%

1.No. of Farmers 744

2.Total loss of land 2

Average land holding size

1.2 ha for dry land

0.43 ha for wet land

2. Indebtness- Total No of

PAFs who borrowed

3.93 %

3. Average amount borrowed Rs.62,663.79

HOUSING ( N= 160)

Housing

1.Pucca

2. Semi Pucca

3. Kutcha

35.77%

15.33%

48.91%

1. Average area of house 34.85 sqm

1. Electrified houses

2. Water supply piped

30.65%

6.56%

ASSET OWNERSHIP

Page 54: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 50

Impact Indicators Pre project baseline Mid Term

Evaluation

End Project

Evaluation

ECONOMIC

OWNERS

1.Television

2.Refrigerators

3.Cooking gas

4. Telephone

5. 2/4 wheeler

SQUATTERS

Television

2.Refrigerators

3.Cooking gas

4. Telephone

5. 2/4 wheeler

2.92%

0.04%

1.29%

1.49%

0.88%

7.6%

1.49%

3.3%

3.73%

3.73%

5.30. Impact evaluation will look at all the affected populations; self-relocate; assisted resettled

population; host population. Further this larger population will be further broken down into vulnerable

segments of each population. Impact evaluation will be carried out on randomly selected segment of

population.

Grievance Redressal Committee

5.31. The project will establish a Grievance Redressal process, with district-level committees. Each

District Grievance Redressal Committee will have representation from the local affected population

and the NGOs involved in RAP implementation. These committees will hear complaints and facilitate

solutions; and the process, as a whole, will promote dispute settlement through mediation to reduce

unnecessary litigation. In KSHIP I Grievance Redressal Committees (GRC) were set up in each

district headed by the Deputy Commissioner (DC) of the respective districts. The GRC of each

District had representation from the local affected population and the NGOs involved in RAP

implementation. Other members of the committee are Zilla Panchayat Chief Executive Officer (ZP,

CEO) and the Executive Engineer of the Project Division who function as the Member Secretary.

5.32. In KSHIP-II, the following persons will constitute the District Level Grievance Redressal Cell :

1. Deputy Commissioner Chairman

2. Representative form social sector / Academia /

Retired Government officer (To be selected by DC) Member

3. Representative of PAP (To be selected by DC) Member

4. Executive Engineer of Concerned Division Convener

5.33. The main functions of the GRC will be:

a. to provide support to PAPs on problems arising out of eligibility for RAP-provided entitlements

and assistance provided;

b. to record the grievances of the PAPs, and categorize, prioritize and solve them within one month;

c. to inform PIU of serious cases within one week; and

d. to report to the aggrieved parties about the developments regarding their grievance and decisions

of the PIU, within one month.

5.34. The Grievance Committees will meet regularly during implementation of the RAP, at least

once a month. The committees will suggest corrective measures at the field level itself and fix

responsibilities for implementation of its decisions. However the NGOs will form the first level of

intervention in resolving PAP related grievances and attempt to motivate the PAP to facilitate

implementation of the R&R program. The option of contacting the project authorities is available to

PAPs at any time. The Deputy Commissioner will be the Appellate Authority. The steps in the GRC

are:

1. At the first level intervention the NGO will attempt to resolve the grievance;

Page 55: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 51

2. Next the CAO will attempt to address land related grievance and the ADSW will address the non-

land related grievances;

3. The third step will be to approach the Grievance Redressal Committee;

4. Next they can Approach the concerned Regional Commissioner who is the Appellate Authority;

5. If all the above fails, the PAPs can approach the court.

5.35. It is the responsibility of the SDRC/NGO to inform the affected persons of the GRC, to make

it effective.

Capacity Building and Training

5.36. The capacity building and training of the PIU/SDRC is important for successful and timely

implementation of RAP. To enhance capabilities, the SDRC staff will be given in house training

periodically (once in six months at least). All SDRC officers and staff have to attend training

programmes. It is recommended that officers in charge of R&R and LA be provided R&R training at

an International platform or at the World Bank Head Quarters at Washington. Training will cover

techniques in conducting participatory rural appraisal for micro-planning, conducting census socio-

economic surveys, dissemination of information, community consultation and progress monitoring

and evaluation. In house training will be carried out by professional identified by the PIU. Local

institutes such as the Indian Institute of Management, Institute for Social and Economic Change and

private consultants can be identified for training.

Table 5.7: In house Training programme

Staff Training Module

PIU CAO ; DC LA; ADSW ;

R&R Manager; SDO ;

SWI

R&R Policy, National State, World Banks; Socio Economic

and Census Survey ; Checklist for R&R; Implementation

Schedule ; Training Needs Assessment ;Monitoring indicators;

Dissemination of information ; Preparation of RAP, LAP,

Disbursement method, disclosure of documents; Best practices

of other R&R projects

FIELD EE ; AEE ; Revenue

Measurement of structures; Valuation procedures;

Resettlement site selection; Minimizing resettlement;

preparation of LAPs, Disbursement method.; Shifting of CPRs

EXTERNAL NGOs ; M&E Government schemes; Disbursement methods; public

consultation; income generating activities.

Administering the payment of R&R Assistance

1. All Entitlements to be provided will be verified by the NGO against losses incurred;

2. Information will be updated in the data base,

3. Bank accounts are to be opened for all beneficiaries;

4. The CAO will authorize payment of R&R assistance.

5. All payments will be made through Cheque, directly to the beneficiary.

6. PAPs who are in more than one vulnerable category will be paid only once.

Development of Vendor markets

5.37. Shopping units with 100-150 sq.ft will be constructed if more than 20 shops are affected in a

continuous stretch of 2kms and opt for shop.

Development of Resettlement Centers

1. Resettlement Centers will be developed if more than 20 families are displaced in a continuous

stretch of 2 kms and wish to relocate to the resettlement center.

Page 56: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 52

2. SDO and SWI along with NGO staff will identify the site and inform to the R&R Manager. R&R

Manger will examine the site and make a proposal and submit to the Executive Engineer at the

Division level. After the approval of EE it will be sent to the PD for financial approval.

3. Alternative houses will be provided in resettlement colony if the beneficiary opts for the same or

developed plot and construction cost of Rs. 40,000 linked to construction progress.

4. Plot size will be equivalent to size lost subject to a maximum of 369 sqmt/1200sqft in rural area

and 184 sqmts /600 sqft in urban areas.

5. House of up 832 sqmt/ 300sqft in rural areas and 75 sqm/250 sqft in urban area.

5.38. Resettlement site selection involve the following steps :

1. Site selection - Site selection is to be done based on available land, maps and data available for

evaluating potential sites. Site selection should be discussed with the PAPs, their representatives

and local officials prior to being finalised.

2. Feasibility studies - Detailed studies to determine the technical and economic feasibility of the

proposed activities is to be carried out and should include land development and cost estimates.

Sites not found economically viable or environmentally unsuitable should be rejected.

3. Detailed designs and land purchase - The PAPs final agreement on site development needs to be

obtained along with the host community’s acceptance of resettlement arrangements. Care should

be taken to purchase contiguous plots of land to reduce costs of infrastructure development.

4. Final Design and Constructions - Housing for PAFs and provision of basic infrastructure

activities are pre-requisites to the movement of PAFs

5. Movement of PAFs - Moving should take place only when the sites are ready with the minimal

basic amenities. Food distribution is necessary during the transport period and few days

following the arrival at new site.

6. Organization of community life and support services – Initial training of resettlement staff,

extension workers and PAP representatives should start prior to the actual movement of the

people.

Tenurial Rights

5.39. The plot in the Resettlement Colony and the shops in the vendor markets will be in the name

of the beneficiary. Allotment of shops and sites will be done by SDRC after getting it from the

Revenue Department and legal deeds will be issued by the Tahsildar.

Environmental Aspects

5.40. Some of the criteria to be considered are: (i) Lands notified, as water body should be avoided;

(ii) Irrigated agriculture lands should be avoided; (iii) Lands notified, as forest should be avoided

including forests coming under Panchayat; (iv) Resettlement sites nearer to the water bodies

(including ponds and canals) are to be avoided to prevent water borne diseases;(v) Lands under

plantation are to be avoided; and (vi) the resettlement sites should be at least 10 km away from

ecologically sensitive areas.

Social Aspects

(i) Lands owned by the vulnerable communities should be avoided for resettlement sites. This

includes SC/ST, women headed households and households below poverty line, lands owned by small

and marginal farmers should not be acquired for resettlement sites; (ii) PAPs and host community

should be consulted for mutual acceptance of the presence of each other.

Basic amenities and facilities

a. Proposed site should be close to the existing site and should not be more than 500m away from

the end of the settlement.

Page 57: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 53

b. Electricity and drinking water sources should be available with in 500 m distance from the

proposed site.

c. Propose d resettlement site should have an access road at least earthen road/car track

d. Primary school should be close to the existing site.

e. Nearest bus stop should be with in 500m from the meeting point of main road with access road.

f. Proposed resettlement site should be with in 1km from main road.

g. Only 50% of the total area is for residential and commercial use. The remaining area is for other

use.

h. Approach road to be 60’ wide, with internal roads at widths of 40’ and 30’.

i. Surface drains and masonry culverts are provided to all roads.

j. Roadsides, parks and open areas for future use to be planted with trees.

k. Commercial and industrial areas to be earmarked appropriately

l. Sites to be demarcated and numbered

m. Provisions to be made for : Primary School / High School ; Shopping Complex; Samaja Mandira /

Anganawadi; Temple / Masjid / Church; Water supply / open wells / borewells / cisterns; Ration

Shops; Burial/cremation ground; Primary Health Unit (depending on the size of the unit );Street

light; Bus shelter; Public toilets

5.41. As far as possible RC’s are to be located close to grazing lands and main roads. 25%

additional sites earmarked for future development. The construction of all public buildings, internal

roads, and demarcation of sites will be undertaken by the Project. The project will undertake all water

supply works, distribution of lines construction of storage tanks etc., and will also execute all

electrification works. The SDRC will be responsible for the overall co-ordination of the work.

Income restoration measures

5.42. The basic objective of income restoration activities is that no project-affected person shall be

worse off than before the project. Restoration of pre-project levels of income is an important part of

rehabilitating individuals, households, and socio-economic and cultural systems in affected

communities. Income restoration schemes will be designed in consultation with affected persons so as

to benefit them. Based on the information collected on IR activities from the census socio-economic

surveys, the implementing NGO will identify suitable IR programme for the affected persons.

Impact Categories and IR Schemes

5.43. Project-induced displacement may lead to loss or diminished income for Project Affected

Person (PAPs). The main categories of impacts expected as a result of project land and property

acquisition include: (a) Loss of agriculture land in part or full; (b) Loss of commercial establishments

and(c) Loss of livelihood as employees.

5.44. The economic rehabilitation assistance money will be deposited in bank accounts to be

released only for the purchase of income generating assets. Women-headed households will be

assisted in identifying alternative space in adjacent areas for continuing their trade or vocations. These

households will have to be given preference in disbursement of assistance. The SDRC will use its

good offices with local authorities to facilitate early rehabilitation of these women headed households.

PAPs losing their livelihood as employees will be provided subsistence assistance and option for

training for self employment.

IR Activities

There are two types of IR activities, i.e. short term and long term.

5.45. Short Term IR activities: Short-term IR activities mean restoring APs’ income during

periods immediately before and after relocation. For this, the support NGO shall ensure that:

compensation and R&R assistance as provided in the entitlement matrix is provided. Other works

include work in the project construction activities and other allied activities such as work on

resettlement sites etc.

Page 58: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 54

5.46. Long Term IR Activities: This includes provision of shops for those losing their total

livelihood, to re-establish their commercial activities. Shopping units with 100-150 sq.ft will be

constructed if more than 20 shops are affected in a continuous stretch of 2 kms and opt for shop. It

also includes purchase of income generating assets upto Rs. 60,000. In case the amount used is less

than this, the beneficiary will get the remaining amount after one year of successful completion of the

activity, which will be monitored by the NGO.

5.47. The steps to be followed for income restoration include:

5.48. Step 1: Identification of Target Groups – NGOs need to identify the affected persons;

5.49. Step 2: Identification of IR Activities - Prepare a list of possible and feasible income

restoration options. While identifying IR options, the following factors shall also be considered: (i)

Education level of APs; (ii) Skill possession;(iii)Likely economic activities in the post displacement

period; (iii) Extent of land left; (iii) Suitability of economic activity to supplement the income;

(iv)Market potential and marketing facilities. Based on socio-economic characteristics and options

preferred by APs, the NGO may have to re-assign trades to PAPs. Options include (i) petty trade (iii)

skill related schemes and loans for pumps, bore wells, bullock carts etc to increase productivity. The

NGO will assist PAPs in identifying appropriate alternative economic rehabilitation schemes through

counselling and consultation.

5.50. Step 3: Training: Option for training for skill enhancement for those losing their livelihood

has been provided in the Entitlement Matrix for owners losing commercial structure and employees

losing their livelihood.

5.51. Step 4: Identification of Trainers / Training Institutes: Based on trades selected, NGO shall

have to identify master trainer and/or training institute for different trades / activities who can provide

on the job training.

5.52. Step 5: Training Arrangement: NGO shall make different groups of PAPs as per trades

selected and make all the arrangements such as fixing the venue etc.

5.53. Step 6: Monitoring of APs: After training the NGO shall monitor the PAPs in order to take

mid-term correction measures, if required.

Reconstruction of affected community structures

5.54. The project authorities will replace and reconstruct all community assets before demolition.

For shifting of community assets the NGO will (i) consult with the community along with the SDO

and identify alternative land- the land identified has to be government land wherever possible, or

given as donation in some cases; (iii) owner consent letter has to be signed by the donor /owner in the

prescribed format prepared by the NGO (name, place, survey nos., site measurement) (iv) the

reconstruction will be carried out by the local contractors; (iv) the KSHIP Assistant Executive

Engineer of the division will be responsible for monitoring the work; and(v) the cost for the

relocation and reconstruction will be paid by the project.

Data Base Management

5.55. A census Database has been created by the consultants. This database will be transferred to

the SDRC, for upgradation and further use. The main purpose of the data base and use will be to (i)

track progress of R&R implementation (ii) for determining the entitlements to be paid; (iii) track

pending entitlements and amounts; (iv)organizing outputs for periodical reports and other project

requirements; and (v) establishing input formats . The SDRC will hire data base management

consultants for the management, monitoring and updating of the data. The Database consultants will

be responsible for (i) modifying the input/ output formats to the project requirements;(ii)Training of

SDRC staffs and other field level staffs ;(iii) aid the NGO in finalizing the entitlements of each PAPs

and PAHs ; (vi) provide for decision making at the PIU;(vii) Monitor and regulate the land

Page 59: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 55

acquisition, distribution of compensation and assistance, grievance redressal and financial progress.

The database consultants will need to depute data entry operators in the offices of the Assistant

Commissioner North and South. The data in the HQ will be updated based on the information sent by

the division office. The data base will be developed to suit the requirements of implementation and

monitoring payments. The data base Information will be made web enabled (based on consultation

with SDRC).

Public Consultation and Disclosure

5.56. In order to make the RAP implementation process transparent, a series of public disclosure

meetings were held. The aim of the meeting was to disclose the draft RAP and the entitlement Policy

to the stakeholders for dissemination of information regarding rehabilitation process and entitlement

framework. The objective of the consultations are (i) understand the view of the PAFs on

rehabilitation and resettlement issues; (ii) facilitate development of appropriate and acceptable

entitlement option (iii) make the resettlement and process transparent and (iv) reduce problem of

institutional co-ordination.

5.57. Six public consultations were held. The consultation process involved (i) publication about

the meeting in local newspapers (ii) information to PAPs through individual notices and (iii)

interaction with the SDRC officials and other line departments during the meetings. The meetings

were conducted by the SDRC Cell included the officers of PIU SDCRC, the engineers from the

Division offices, local body members, revenue department officers , the affected persons and NGOS.

The main issues that were discussed and the feedback received from the PAPS during the

consultations and the response of the PIU has been summarized below.

Table 5.8: Disclosure and Consultations Highlights

Issues raised PIU response

1. All land losers wanted Rs.20,000 as

additional compensation.

It was explained that this was only for those losing a

narrow stretch of land upto 5 guntas of land and it was in

lieu of all other benefits. However all land losers will be

getting compensation based on negotiations.

2. People wanted equal water yielding

borewell.

Based on this the entitlement policy has been further

improved and the following has been added” location of

the borewell will be identified by the affected person in

the remaining land holding. In case water is not available

replacement cost of the borewell at current PWD SR

rates + 30% solatium will be given”

3. People wanted new names to be

added to list of Project affected

persons.

It was explained that only those present during the date

of census survey will be considered in the list of Non

titleholders; and for titleholders the date of 15(1)

Notification will be considered. Those not listed will

have to show sufficient proof that they were left out from

the survey if they want to be included in the list.

4. People asked for compensation for

trees planted by them in the RoW.

It was explained that since the tress were on Government

land, the project will not pay any compensation for the

trees.

5. People asked for market price of

land.

It was explained that the land losers will be getting

market prices as the prices will be fixed by the

negotiation committee after consulting the farmers.

6. Land losers asked for training

facilities and job opportunities in the

construction work.

Based on this requirement, the PIU has added a

component of training for marginal and landless farmers

in the entitlement matrix. It has also been added that job

opportunities may be provided by the contractors

depending on the requirement and the skills of the PAPs.

Page 60: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 56

The details of the meetings and are given below. Photographs have been provided in the

Annexure 5.5.

Table 5.9: Details of Consultations held

Sl.

No. Location

No. of Project Affected

Participants Date

Titleholders Non-Titleholders

1 67A & 67B at H Cross, Bangalore Rural Dist. 15 95 11.02.2010

2 T8 at Sangur, Haveri 110 95 17.02.2010

3 21B at Harobelavadi, Dharwad 40 110 18.02.2010

4 M7D at Lakkikoppa, Haveri 150 100 20.02.2010

5 13A & 13B at Jalahalli, Raichur 20 155 23.02.2010

6 6C at Gabbur (B), Gulbarga 10 80 24.02.2010

5.58. The salient features of RAP and the R&R policy has been translated in Kannada and has been

disclosed through the PWD, Government of Karnataka Website. In addition brochure of the Land

Acquisition and the R&R Policy will also be provided during implementation. The documents to be

available in public domain will include (i) RAP and entitlements; (ii) RIP and (iii) list of beneficiary.

All copies will be kept in: (i) State Government Library at Bangalore; (ii) - District libraries of the 14

districts of the project; and (iii) in the Panchayat offices along the project roads. The RAP document

will also be available at the World Bank Info Shop at Washington DC and New Delhi as per the

Disclosure Requirements of BP 17.50 of the WB.

Co-ordination with civil works and certification

5.59. The resettlement program will be co-coordinated with the timing of civil works. The required

co-ordination has contractual implications, and will be considered in procurement and bidding

schedules, award of contracts, and release of cleared COI sections to project contractors. The project

will provide adequate notification, counseling and assistance to affected people so that they are able to

move or give up their assets without undue hardship before commencement of civil works and after

receiving the compensation. The RAP implementation schedule is provided in Chart 7.2. This

provides the key benchmarks of implementing the RAP. All other activities related to implementation

and land acquisition will be undertaken simultaneously.

5.60. Actions to be completed before prior to bid and award of contract include: (i) Resettlement

Implementation Plan should have been approved by the GoK and Bank for respective contract

packages; (ii) the RIP should have been disclosed in the web site and other public places accessible to

the local people ;(iii) the first notification for private land acquisition should have been issued; (iv) the

issue of identity cards to eligible project affected families should have been completed. The actions to

be completed prior to handing over of the first milestone stretches to the contractor includes: (i) The

private land acquisition should have been completed and compensation offered to the land owners for

Section 1; (ii) The Government land should have been transferred or no objection should have been

obtained from the land owning agency for Section I; (iii) The community assets should have been

extended to all project affected families in Section 1 and (v) the remaining land acquisition, R&R

assistance and relocation of community assets for second milestone in WEP 1 should be completed

within 6 months of award of contract and prior to handing of the site to the contractor.

5.61. It is the responsibility of the PIU to ensure that the RAP is successfully implemented in a

timely manner. The implementation schedule needs to be updated periodically and monitored

Page 61: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 57

judiciously. The completion of R&R activities will be certified by the M&E consultants. Resettlement

and Rehabilitation is complete only when the following criteria are met:

a. All legal compensation both for land and structure must be paid;

b. At least 80% must have received compensation;

c. All eligible PAPs must have alternative house and economic rehabilitation must be complete;

d. At least 80% of all eligible PAPs must have started their new economic activity;

e. All project affected common property resources must be replaced and re-established.

f. Implementation of the remedial measures arising out of impact evaluations must be complete.

Implementation Schedule and Timing of Resettlement

5.62. During project implementation, the resettlement program will be co-coordinated with the

timing of civil works. The required co-ordination has contractual implications, and will be considered

in procurement and bidding schedules, award of contracts, and release of cleared COI sections to

project contractors. The project will provide adequate notification, counseling and assistance to

affected people so that they are able to move or give up their assets without undue hardship before

commencement of civil works and after receiving the compensation. This provides the key

benchmarks of implementing the RAP. All other activities related to implementation and land

acquisition will be undertaken simultaneously. Civil Works will be done for the first section for the

EPC contracts, followed by Annuity contracts. The encumbrance free stretches for the EPC contracts

are given below. After signing of contract the contractor will start his works in Section I, followed by

Section II.

Table 5.10: Link wise schedule for handing over stretches to Contractors

Package

Number Link

Length

(KM)

Type of

Contract Stretches for handing over

No. of Sections

WEP1 67A 23.5 EPC 7+500 to 17+500 I- 10 kms

II -11kms 67B 29.0 EPC 0+500 to 11+500

WEP2 M7D 43.5 EPC 1+800 to 6+800;9+400 to 14+400; 33+000 to 39+600 I – 16.60 kms

II – 18.00 kms T8 31.8 EPC 2+00 to 10+00; 22+00 to 30+00

WEP3

21B 38.5 EPC

0+00 to 6+00; 21+560 to 31+560 I – 20 kms

II -18.5 kms

WEP4 13A 32.45 EPC 2+800 to 8+660; 8+960 to 25+000 I – 21.90 kms

II – 10.00 kms 13B 41.4 EPC 0+000 to 10+000

WEP5 6C 28.63 EPC 4+900 to 9+500; 10+500 to 18+500 I – 12.60 kms

WAP1 63A 22.8 ANNUITY 13+00 to 23+00

63B 27.5 ANNUITY 0+00 to 10+00

63C 21.1 ANNUITY 0+00 to 10+00

63D 35.2 ANNUITY 28+00 to 28+00

63E 27.9 ANNUITY 15+00 to 25+00

64F 20.0 ANNUITY 0+00 to 10+00

64G 35.8 ANNUITY 43+00 to 53+00

WAP2 19A 19.2 ANNUITY 0+600 to 7+500

19B 42.4 ANNUITY To be done

19C 18.4 ANNUITY To be done

19D 23.9 ANNUITY 15+00 to 25+00

WAP3 T21 32.2 ANNUITY 0+700 to 5+500; 15+200 to 23+900

M7A 49.8 ANNUITY 22+400 to 27+100;27+600 to 36+300; 38+200 to

46+900

M7B 45.3 ANNUITY 10+00 to 15+00;48+00 to 53+500; 54+200 to 63+700

M7C 26.2 ANNUITY 10+00 to 15+00; 48+00 to 53+500;54+200to 63+700

Page 62: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 58

Package

Number Link

Length

(KM)

Type of

Contract Stretches for handing over

No. of Sections

WAP4 10A 61.0 ANNUITY To be done

10B 48.6 ANNUITY To be done

Total 826.6

5.63. The above stretches will be provided by the PIU on the date of commencement of works, and

the remaining within 6 months of commencement date.

5.64. The proposed consideration of time to be taken for Land Acquisition under the KHA, after the

issue of Section 15 notification is 6 months.

5.65. The R & R activities implementation tasks already initiated starting 1st April 2008 include:

1. Appointment of the District Level Grievance Redressal Committee.

2. Appointment of Committee for fixation of Land Value.

3. Issue of EOI and RFP for hiring NGO and M&E for RAP implementation.

4. Issue of Notification for land acquisition for WEP 1,2,3 4 and 5 are complete.

5.66. Other important R&R implementation activities include:

1. Appointment of all staff of SDRC– completed

2. Hiring of Database Management Consultants – completed

3. Selection and appointment of NGO & M& E Agency - completed

4. Disclosure of RAP and entitlements – completed

5. Completion of joint verification of assets for EPC– to be completed May 2010

6. Consultations with PAPs – continuous process

5.67. The time taken for the implementation for the RAP will be 3 years, from the date of approval.

Resettlement planning and updating of studies will be a continuous process throughout the project.

The PIU will co-ordinate these efforts to assure that RAP implementation and phasing is appropriately

sequenced with designs and civil works.

5.68. The resettlement process must be completed before the start of civil works. PIU has clear the

COI and resettle PAPs located within the COI, before the civil work starts on any section of the

project road. PAPs will be given at least three months notice to vacate their property before civil

works starts. The civil works schedule needs to be dovetailed into the land acquisition and

resettlement implementation schedule. The LA and R &R Implementation schedule is given below:

Table 5.11: Implementation Schedule

Sl.

No. Tasks Start Date End Date

1 LA for EPC Dec 2008 March 2010

2 LA for Annuity January 2010 August 2010

3 Joint Verification for EPC October 2009 May 2010

4 Joint verification for Annuity May 2009 August 2010

5 R&R Assistance for EPC May 2010 September 2010

6 R&R Assistance for Annuity September 2010 January 2010

7 All key Staff in Position September 2009

8 GRC in place September2009

9 Database in operation September 2009

10 NGO & M&E Agency in place September 2009

11 Disclosure of documents February 2010

12 Mid Term Evaluation September 2010

13 End Term Evaluation September 2011

Page 63: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 59

Consultations during implementation

5.69. Several additional PAP consultations will be conducted during RAP implementation. As a

follow-up of the local-level PAP consultations held during project preparation, further consultations

will be conducted by the NGO during implementation. In the first round of consultations information

on RAP and Entitlement policy and options will be disseminated. This will involve explaining the

Entitlement Framework and resettlement options to the PAPs and soliciting their support and co-

operation. This will help finalize agreement on the various entitlements provided in the entitlement

framework. Next round of consultation involves agreements on compensation and assistance options

and entitlements with PAPs and completion of a PAP identity card indicating the accepted entitlement

package. The next round of PAP consultations will occur when compensation and assistance are

provided and actual resettlement begins and the NGO has to facilitate relocation.

Resettlement Implementation Plan

5.70. Package wise Implementation plan is prepared for WEP 1, WEP 2, WEP3, WEP4 and WEP

5. For the remaining packages it will be completed by end August 2010. This provides all the details

of land to be acquired and people affected. RIP includes (i) Introduction with project and contract

package details and time schedule; matrix on LA and R&R impacts (ii) land acquisition and

resettlement impacts with LA details, loss of structures/other assets, loss of community structures,

chainage wise impact etc. (iii) baseline census surveys and consultations with matrix of PAPs, details

list of PAPs, major and minor, list of vulnerable groups and other categories of people, consultations

and its outcome (iv)Implementation mechanism include LA status, extending R&R assistance to

PAPs, institutional arrangements, grievance mechanism, NGO tasks, issue of I cards, R&R colonies

and shopping complex construction as needed, co-ordination between R&R and civil works based on

milestones, time line for LA and R&R activities, monitoring of R&R activities in the specific package

and budget specific to the package

Implementation Guidelines

5.71. An implementation guideline for land acquisition and resettlement will be prepared as a stand

alone document which will help all those involved in implementation as an operational manual for

interpretation of various provisions and entitlements as well as various actions to be taken at various

stages during the implementation. This document is under preparation.

Budget and Costs

5.72. The costs used for the budget estimates are based on information collected during the census

socio-economic surveys of PAPs. The estimated total budget for the implementation of RAP is Rs.

148.77 Crore of which Rs. 38.47 Crore is for land acquisition. For the Annuity package for land losers

estimates have been used and the actual will be updated on completion of surveys for the land losers.

The GoK share will include the cost of land including lands for building alternate houses/shops or any

other land they need to acquire during the course of implementation and R&R assistance. All

consultancy costs will be through the World Bank. The unit costs for the calculation of budget have

been provided. The detailed budget is given in Annex 5.4. The unit costs and detailed budget are

given below:

Table 5.12: Budget

Sl. No. Category Estimated Cost (Rs. In

Crores)

1 Land Acquisition 38.47

2 R&R Works 46.18

3 R&R Assistance 48.52

4 NGO Services & M & E Services 1.05

5 R&R Goods 0.91

Total 135.25

10% contingency 13.52

GRAND TOTAL 148.77

Page 64: (Public Works, Ports and Inland and Water Transport ......Karnataka State Highways Improvement Project –II Final Resettlement Action Plan i Government of Karnataka (Public Works,

Karnataka State Highways Improvement Project –II Final Resettlement Action Plan

RAP. WB approval final - 29.07.2010 60

Table 5.13: Unit Costs for R&R Sl.

No. Category Estimates (in Rs)

1 Agricultural Land per ha Rs24,70,000 for Annuity contract for

EPC as per guidance value average.

2 Non Agricultural L and 3705000

3 Pucca house 800 per sq. ft

4 Semi pucca house 600 per sq. ft

5 Kutcha house 350 per sq ft.

6 Construction cost for house in Resettlement site 40,000 per structure

7 EWS Housing 40,000 per unit

8 Training for PAP for income generation schemes &

vocational training

15,000 (Rs.5000 per month for 3 months)

9 NGO assistance for implementation 85,00,000

10 Evaluation Consultants 30,00,000

11 SDRC & associated staff training 15,00,000 lump sum

12 Group entitlements 15,000 per km

13 Office equipment (including Rs. 5,00,000 each for setting

up office of LAO in North & South Karnataka

20,00,000 lump sum

14 Vehicle cost ( Rs.8,00,000 per vehicle) 8 vehicles 56,00,000

5.73. In accordance with the policy provisions, all grants and benefits shall be indexed annually at

10% on the first of April. These include subsistence allowance, shifting allowance, relief assistance,

amounts for income generating asset, cost for the provision of sites to squatters and rental allowance.

Table 5.14: R&R Unit Costs Sl. No. Category Proposed Amount

1 Purchase Commercial site for squatters Rs.30,000 (10’x10’) Urban Rs 15000 Rural area

2 Purchase Commercial site for

Titleholders

Rs.50,000 (10’x15’) Urban Rs 25000 Rural area

3 Purchase Residential site for squatter Rs. 30000 Urban Rs 20000 Rural area

4 Purchase Residential site for

Titleholders

Rs. 70000 Urban Rs 30000 Rural area

5 Shifting allowance for Titleholders Rs.10,000 as one time payment

6 Subsistence allowance for Titleholders Rs. 30000

7 Subsistence allowance for squatters Rs.15000 as one time payment

8 Shifting assistance for squatters Rs.5000 as one time payment

9 construction cost for Residential

squatters

Rs.40000

10 IGA assistance to commercial squatter Rs.30,000 for income generating asset

11 Shifting allowance for Bagar Hukum

House holders

Rs.5000 as one time Payment

12 Subsistence allowance for those who are

losing Bagar Hukum Lands

Rs.15000 as one time payment

13 Additional assistance for those losing

land

Rs.20,000 as one time payment.

14 Income generating Grant for Title

holder who loose entire land /Business

Rs.75,000 as one time payment

15 Rental allowance for commercial Tenant Rs. 1500 for urban and Rs. 1000 for rural per month for

6 months.

16 Rental allowance for residential Tenant Rs.1000 for urban and Rs. 500 for rural per month for

6 months

17 Relief assistance for loss of employment

of agriculture and Non agriculture.

Rs.15000 lump sum payment

18 Assistance to Vulnerable groups Rs. 25,000 lump sum payment