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
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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
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Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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
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
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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
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
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
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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
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.
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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.
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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.
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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.
Karnataka State Highways Improvement Project –II Final Resettlement Action Plan
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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.
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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.
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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).
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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;
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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