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SOCIAL IMAPCT ASSESSMENT STUDY FINAL REPORT LAND ACQUISITION FOR M.C. ROAD WIDENING, MUVATTUPUZHA IN ERNAKULAM DISTRICT Entrusted by District administration, Ernakulam REQUIRING BODY SIA UNIT A Rajagiri outREACH Rajagiri College of Social Sciences (Autonomous) Rajagiri P.O., Kalamassery Kochi- 683104, Kerala 0484 2911330- 332/2550785 [email protected] www.rajagirioutreach.in
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Page 1: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

SOCIAL IMAPCT ASSESSMENT STUDYFINAL REPORT

LAND ACQUISITION FOR M.C. ROAD WIDENING, MUVATTUPUZHA INERNAKULAM DISTRICT

Entrusted by District administration, ErnakulamREQUIRING BODY SIA UNIT

A

Rajagiri outREACH Rajagiri College of Social Sciences (Autonomous) Rajagiri P.O., Kalamassery Kochi- 683104, Kerala 0484 2911330- 332/2550785 [email protected] www.rajagirioutreach.in

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CONTENTS

Chapter 1 Executive Summary

1.11.21.31.41.51.6

Project and public purpose LocationSize and attributes of land acquisition Alternatives considered Social impacts Mitigation measures

Chapter 2 Detailed Project Description

2.1 Background of the project, including developer’s background and governance/ management structure

2.2 Rationale for project including how the project fits the public purpose criteria listed in the act

2.3 Details of project size, location, capacity, outputs, production targets, costs and risks

2.42.52.62.72.8 2.9

Examination of alternativesPhases of the project constructionCore design features and size and type of facilitiesNeed for ancillary infrastructural facilitiesWork force requirements (temporary and permanent)Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility

2.10reportsApplicable legislations and policies

Chapter 3 Team Composition Approach, Methodology and Schedule of the Social Impact Assessment

3.1 List of all team members with qualification

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3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment

3.3 Sampling methodology used3.4 Overview of information/ data sources used3.5 Schedule of consultations with key stakeholders and brief

description of public hearings conducted

Chapter 4 Land Assessment

4.1 Description with the help of the maps, information from land inventories and primary sources

4.2 Entire area of impact under the influence of the project (not limited to land area for acquisition)

4.3 Total land requirement for the project4.4 Present use of any public, utilized land in the vicinity of the

project area4.5 Land (if any) already purchased, alienated, leased or

acquired, and the intended use for each plot of land required for the project

4.6 Quality and location of land proposed to be acquired for the project

4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns

4.8 Size of holdings, ownership patterns, land distributions and number of residential houses

4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years

Chapter 5 Estimation and Enumeration (Where Required) of Affected Families and Assets

5.1 Estimation of families5.1.1 Families which are directly affected (own land that is

proposed to be acquired)5.2 Family of scheduled tribes and other traditional forest

dwellers who have lost any of their forest rights

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 3

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5.3 Families which depend on common property resources which will be affected due to acquisition of land of their livelihood

5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition

5.5 Families which have been residing on any land in the urban areas for proceeding three years or more prior to the acquisition of the land

5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition

5.6.1 Families which are indirectly impacted by the project (not affected directly by the acquisition of own lands)

5.6.2 Inventory of productive assets and significant lands.

Chapter 6 Social Economic and Cultural Profile (Affected Area and Resettlement Site)

6.1 Demographic details of the population in the project area6.2 Income and poverty levels6.3 Vulnerable groups6.4 Land use and livelihood6.5 Local economic activities6.6 Factors that contribute to local livelihoods6.7 Kinship patterns and social and cultural organization6.8 Administrative organization6.9 Political organization6.10 Community based and civil society organizations6.11 Regional dynamics and historical change processes6.12 Quality of the living environment

Chapter 7 Social Impact Management

7.1 Approach to mitigation

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7.2 Measures to avoid mitigate and compensate impact7.3 Measures that are included in terms of Rehabilitation and

Resettlement and Compensation as outlined in the Act7.4 Measures that the Requiring Body has stated it will

introduce in the project proposal7.5 Alterations to project design and additional measures that

may be required to address the extend and intensity of impacts across various groups as identified during SIA

7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy

7.7 The SIA plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body

Chapter 8 Framework

Social Impact Management Plan Institutional

8.1 Description of institutional structures and key person responsible for each mitigation measures

8.2 Specify role of Non-Governmental Organizations8.3 Indicate capacities required and capacity building plan,

including technical assistance if any8.4 Timelines for each activity

Chapter 9 Social Impact Management Plan Budget and Financing of Mitigation Plan

9.1 Costs of all resettlement and rehabilitation costs9.2 Annual budget and plan of action9.3 Funding sources with break up

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Chapter 10 Evaluation

Social Impact Management Plan Monitoring and

10.110.210.3

Key monitoring and evaluative indicators Reporting mechanisms and monitoring roles Plan for independent evaluation

Chapter 11 Analysis of Costs and Benefits and Recommendation on Acquisition

11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs

11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not.

References

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 6

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List of Tables

Table Contents Page No.No,

2.3.1 Design Standards 192.3.2 Abstract of Estimate 202.3.3 Project Risk and Mitigation Measures 212.6.1 Design Features 263.1 Team Members 303.5 Schedule of Consultation Meetings 33

3.5.2 The queries/anxieties shared by the people participated in the public hearing and answers from the concerned authorities

36-38

5.1.1 List of Affected Property 466.1 Marital Status of Adults 52

7.6.1 Social Impact Management Plan 36-38

List of Exhibits and Figures

Figure No, Contents Page No.Figure 1.2 Project location 12Figure 4.1 Project Location Map 39Figure 4.2 Project Location Photograph 40Figure 4.7.1 Type of Property 42Figure 4.7.2 Uses of Land 43Figure 4.8.1 Year of Ownership 44Figure 4.8.2 Forms of Ownership 44Figure 6.1.1 Religion 50Figure 6.1.2 Gender 51Figure 6.1.3 Age of Affected Persons 52Figure 6.1.4 Education 53Figure 6.2.1 Income Level 54Figure 6.2.2 Ration Card 54

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 7

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List of Abbreviations

APL Above Poverty LineBA Bachelor of ArtsBPL Below Poverty LineDPR Detailed Project ReportDSS Diploma in Social ServicesFGD Focus Group DiscussionFAR Floor Area RatioGDP Gross Domestic ProductGO Government OrderGoK Government of KeralaINR Indian RupeeIRC Indian Roads CongressKM Kilo MetersKMBR Kerala Municipality Building RuleLA Land AcquisitionLC Level CrossM2 Square MeterMA Master of ArtsMSW Master of Social WorkOBC Other Backward CommunitiesPhD Doctor of PhilosophyPPU Project Preparation UnitPRICE Project Information and Cost EstimationPWD Public Works DepartmentRD Revenue Department

RFCTLAR&R ActThe Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Rs RupeesSC Scheduled CasteSIA Social Impact AssessmentUG Under-GraduationUP Upper Primary

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 8

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Chapter 1

Executive Summary

1.1 Project and public purpose

Muvattupuzha is a prominent old town in the midlands directly to the east of

Kochi in Ernakulam district, Kerala. It is situated at around 36 km from

downtown Kochi. The town is a growing urban centre in central Kerala. The

town is also popular as the starting point of Muvattupuzha river which happens

by the merging of three rivers - namely Thodupuzhayar (Thodupuzha river),

Kaliyar (Kali river) and Kothayar (Kothamangalam river) - to form

Muvattupuzhayaar. Muvattupuzha was part of the Vadakkumkoor Kingdom

until it was captured by the Travancore Kingdom. St. Thomas the Apostle of

Jesus Christ who introduced Christianity to India, is believed to have visited this

region. The Marth Mariam Syro-Malabar Catholic Church of Arakuzha has a

recorded history of over 1000 years, making it one of the oldest Syrian churches

in Kerala.

The old Muvattupuzha bridge built over the Muvattupuzha river was the first

concrete bridge in Asia. It was completed in 1914. The bridge was built in

Muvattupuzha under the supervision of the British engineer W.H. Emrald. This

bridge is across the Muvattupuzha river connecting Nehru Park and

Kacherithazham. The town consists of two regions separated by the

Muvattupuzha bridge. Kacherithazham is the main centre of the town to the east

of the Muvattupuzha bridge. Nehru Park, Velloorkunnam and Vazhappilly are

to the north of the bridge. TB Junction and P.O Junction lies east of the bridge.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 9

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Kavumkara is an old market which lies to the northeast of the town after the

bridge on the Muvattupuzha-Kothamangalam road.

The nearby main towns are Kothamangalam, Thodupuzha, Piravom,

Koothattukulam, Perumbavoor. There are many small suburban towns close to

Muvattupuzha like Kolenchery, Vazhakulam, Kalloorkkad, Pothanicad,

Nellikuzhy, Nellad etc.

Muvattupuzha has a rich cultural tradition. Margamkali and martial arts like

Parichamuttukali, are popular among the Syrian Christian community. Shadkala

Govinda Marar was born on the banks of the Muvattupuzha river at

Ramamangalam.The nearest major railway station is Aluva railway station

which is 36 km from the city. Thrippunithura railway station is 31 km. The

Cochin International Airport at Nedumbassery is 34 km away from

Muvattupuzha town.

Muvattupuzha is well connected to the main cities of the state via road.

Muvattupuzha is in the center of the midlands region starting from the eastern

borders of Kochi city at Kakkanad spreading all the way to Thodupuzha and

Vannappuram. Unfortunately, railways have not yet reached Muvattupuzha.

But, the new Sabari railway project will ensure railway connectivity.

Muvattupuzha town is a major junction for highways passing through the town.

Arguably, Muvattupuzha is the biggest junction in Kerala as far as number of

highways and roads joining the town. There are about 9 highways and major

roads which join at Muvattupuzha.

Major highways are:

• NH 85 (previously NH 49) Kochi-Dhanushkodi passing through Munnar.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 10

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• MC Road towards Angamaly connects the town towards northern part of

the state such as Thrissur, Palakkad and Kozhikode.

• MC Road towards Thiruvananthapuram passing through many important

towns in Central Travancore like Kottayam, Changanassery.

• Punaloor-Muvattupuzha PM road passing through low ranges (foothills of

western ghats) towns like Thodupuzha, Pala, Ponkunnam.

• Muvattupuzha-Vaikom-Alappuzha highway through Piravom, Peruva,

Thalayolaparambu.

• Muvattupuzha-Theni SH 43 state highway passing through Chalikkadavu,

Randattinkara, Kalloorkkad, Udumbannoor.

• Palarivattom-Thekkadi SH 41 passing through Kakkanad, Pattimattom,

Muvattupuzha, Pandappilly, Arikkuzha, Thodupuzha, Moolamattom,

Vagamon.

• Muvattupuzha-Kaliyar road passing through Kakkadassery, Pothanicad,

Paingottoor, Vannappuram.

Muvattupuzha is a part of Central Kerala. It lies between Angamaly and

Kottayam on the Main Central Road which runs along the length of the old

Travancore, from Thiruvananthapuram to Angamaly. The first and second

longest state highways of Kerala, Main Central Road (Angamaly -

Thiruvananthapuram / SH-01 / 240 km) and Main Eastern Highway

(Muvattupuzha-Punalur / SH-08 / 154 km), meet here. The Kochi-Madurai NH

49 passes through Muvattupuzha.

Since, Muvattupuzha town is a major junction for highways and also there is lot

of schools, colleges and business units contribute to the increase in the traffic

jam. The town is congested. The need for the widening of the road is very old.

The main aim of the project is to widen the current road and ensure better

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 11

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transportation to the people passing through the town and there by decrease the

traffic jam happening in the town since it is a main conjunction of roads.

1.2 Location

Muvattupuzha Muncipality is in Ernakulam district. The M.C road passes

through Vellorkkunnam and Marady villages in the town. The project is being

planned in Ernakulam district in Muvattupuzha taluk of Marady and

Vellorkkunnam villages.

Education O ffice

N irm ala M edica l Centre

O U U J U I Iou6nJ Rttfrod ▼

3 Hello Cafe muvattupuzhaT emporanly closed

Haneefa SGrocery

vailakamiComfy WeddingJunction

Ink Art Tattoo Studio fitW StQfe. MuvattupuZhaTemporarily closedTemporarily closed ▼

Ayyapa Tem ple 9St George Hospita Central Excise O ffice

(M uvattupuzha) ©6XTlXTi(5<06 T

akkekara R0TjVflt>6^6XT\XT\JPoovans

Government GeneralHospital, M uvattupuzha La La Land Cakeshop

MuvattupuzhaMalabar Gold Image IT Care

9Shangrila& Diam ondsFinancial Servicesaejsmoro

M uncipal ParkBlue Dart Couriers

6 ^ i ruxxdsErnakulam Karshika■ AO WmI iDentCare India Sahagarana Bank

South Ind

ManT h o d u p u ^130 Junction

Fig. 1.2 Project location

1.3 Size and attributes of land acquisition

The project is mapped to acquire 0.1208 Hectares of land in Marady and

Vellorkkunnam village and most plots are being used as commercial units. The

identified land comprises of private as well as public land and includes Dry land

and Wet land.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 12

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1.4 Alternatives consideredThe proposed MC road is situated in a heavily built up area. There will not be

any need to consider an alternative for this project. The project aims to develop

the existing deficiencies of the road by acquiring the land and make the new

road according to the plan. And thereby make a solution to the traffic jam in the

town.

1.5 Social impactsAs per the present alignment for the acquisition of land for M.C road widening,

Twenty nine (29) directly affected persons were found out by the SIA team.

One (1) residential building, Compound Wall of Government Town U.P.

School, and Eighteen (18) commercial units will also be affected. The other

adverse effects include loss of water-bodies, livelihood opportunities for the

business establishment and its employees. A brief summary of major adverse

impacts are as follows

Loss of buildings and land

adequate information in survey)

Loss of LandLoss of Livelihood Opportunities

Threat to Social Institution Government Town U.P. School, Police aid post.

: 29 persons (only 19 persons gave

: 29 persons : 35 persons

: The Compound Wall ofzha Muncif Court compound Wall,

Despite the negative impacts, the proposed project is expected to be beneficial

for the people in the region as it ensures safer and faster transportation and

better access with other regions in the district.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 13

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1.6 Mitigation measures

• Compensation shall be provided to the land owners as per the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act 2013&KeralaRight to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules

2015.

• The Rehabilitation and Resettlement package shall be provided to the

affected families as per the Policies issued by Revenue (B) Department,

Government of Kerala vide G.O. (MS)No.485/2015/RD dated 23/09/2015

and vide G.O.(Ms) No.448/2017/RD dated 29/12/2017 for the

rehabilitation and resettlement package for land acquisition in the state in

lieu of RFCTLAR&R Act 2013.

• Relaxation in the KMBR (Kerala Municipality Building Rule) for new

construction may be given to the project affected person (PAP) for the

remaining land for FAR (Floor Area Ratio) and building offset.

• To avoid negative impact on livelihood of the families, resettlement

procedures should be done before the evacuation of the project affected

shops.

• Reinstall common facilities such Roads and Walkways to residential/

other properties which are expected to affect due to the implementation of

the project.

• Measures to rebuild the affected portion of Govt. town U.P School,

Muvattupuzha.

• Ensure that the functioning of the shops which are not included or

partially included in the acquisition is not hindering during the project

construction period. Otherwise consider for compensation for the

affected livelihood during the construction period.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 14

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• Measures to be taken to unhindered the entrance to the houses/shops,

people’s mobility and vehicle movement during construction

• Take possible measures to recreate income source for the directly and

indirectly affected persons.

• Safety of the people while road widening and healthy disposal of

wastages which may arise out of construction should be ensured.

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Chapter 2

Detailed Project Description

2.1 Background of the Project, including developer’s background and

governance/ management structureRoads in India are considered as the most crucial mode of transportation; being

cost effective and preferred for freight and passenger transport. India has the

second largest road network in the world connecting every nook and corner of

the country with its 5.23 Million Kilo Meter roads comprising of National/State

Highways, Districts and Village Roads (National High Way Authority of India,

Annual Report 2016-17). It is estimated that road transportation contributes

nearly 4.7 % towards India’s GDP. Besides its significance to the economy,

roads enable social integration by connecting different regions, institutions and

people across the country.

As per the Kerala PWD-Road Bridge Maintenance Policy Order (22/10/2016),

the State has a network of roads over 1.5 Lakh KMs and except the National

Highways (1542 KM), all other major roads are being constructed, maintained

and managed by Kerala Public Works Department with the funding from

Government of Kerala.

Kerala Public Works Department (Kerala PWD) is one of the important

departments in the Government of Kerala and operates under Ministry of PWD.

The main aim of the project is to upgrade and standardize the existing stretch,

thereby providing an easy and comfortable journey along the stretch. Up­

grading the project stretch as per IRC standards and MoRTH Specifications

increases the efficiency of traffic operations through the area as well as offers

better connectivity with nearby locations. Since the project lies in the heart of

the town, the standardization of the available infrastructure will help in boosting

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 16

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the economic and social development of the whole region. Also the project road

grabs much importance in the transport sector as it acts as a main corridor

connecting the key roads of the state viz. National Highway 49, MC Road SH 1,

and Main Eastern Highway SH 8.

Muvattupuzha town portion is a prime junction along the stretch of State

Highway 1(MC Road), the development of the area was taken as a distinct work

in the KSTP Phase II project. Later the work is handed over to Roads Division,

Muvattupuzha by KSTP Division, Muvattupuzha for execution. The Executive

Engineer, Muvattupuzha Roads Division, has informed the financial plan for the

development of Muvattupuzha town portion. Government of Kerala has

announced an amount of 30 Cr as serial no.10 in the budget speech 2017-18 as

well as the project was included in the KIIFB projects. A principal

administrative sanction has been accorded vide serial no.144 in G.O (Rt)

No.942/201/PWD dated 10/07/2017 to carry out the standardization works of

Muvattupuzha town. The Project Preparation Unit (PPU) under the Office of the

Chief Engineer (Design), Public Works Department has been entrusted with the

preparation of the Detailed Project Report (DPR) for the development of the

Muvattupuzha town portion by Chief Engineer (Roads and Bridges).

2.2 Rationale of the project including how the project fits the public

purpose criteria listed in the ActThe problem due to enormous traffic growth and traffic congestions along the

project route can be solved only by standardizing the project road. Even though

the traffic demands of the area are high, due to the restrictions in land

acquisition only four lane carriage ways with an ROW of 20.0m is proposed for

the project road.

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The project road, of length 1.850 km, starts from P.O Junction in

Muvattupuzha town and ends at Velloorkunnam. The project road is to be

widened to four lane carriageway of 15.0 m wide separated by 2.0m wide

median. The project would fit in the rationale for public purpose as the project

likely to reduce travelling time, traffic, pollution and energy consumption and

ensures a safer transportation through the region. Further, as per Section 2 b (i)

of The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act 2013 (RFCTLAR&R Act), the project fits

in for public purpose.

2.3 Details of project size, location, capacity, outputs, production targets, costs and risks

Four lane carriage ways with an ROW of 20.0m is proposed for the project

road. The project road is to be widened to four lane carriageway of 15.0 m wide

separated by 2.0 m wide median. As part of the project, proper drainage

facilities with adequate side drains are proposed in order to drain out water from

the pavement, along with the improvement of the existing CD structures.

Considering the importance of the project road, all the horizontal curves are

standardized for a design speed of 40 km/hr for the project road and 35km/hr at

few locations where sharp curves and reverse curves are seen. The radius and

transitions are provided according to the design speed. The junctions located

along the alignment are improved as per IRC specifications. The deficiencies in

profile, camber, super elevation etc are also improved. Installation of proper

road safety furniture is also included in this project. Based on the soil

investigation data, the 90th percentile CBR value of existing sub grade is

obtained as 13%. Hence for 137 msa and 13% CBR pavement thickness to be

provided as per plate 7&8 of IRC 37 is 600 mm. For the widening portion, the

designed pavement composition is as given below: Bituminous Concrete (BC) =

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 18

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50mm, Dense Bituminous Macadam (DBM) = 100mm, Wet Mix Macadam

(WMM) = 250 mm and Granular Sub Base (GSB) = 200 mm. For the existing

pavement locations, the layers from WMM, DBM and BC are proposed. The

proposal is put forward assuming that the existing pavement layers will act as

GSB.

The vent way of all the existing culverts is seen hydraulically inadequate and

structurally obsolete. Thus the existing 5 culverts are reconstructed as concrete

box culverts with a size of 1.5mX1.5m in order to drain off the storm water to

the nearby water bodies. Protection works have been proposed for the filling

and for cutting areas. RR retaining walls are proposed for high cutting areas.

The proposed RR retaining wall utilizes the dismantled rubble from the site

itself.

Table 2.3.1 Design Standards

SlNo

Description Standards StandardsPlain/Rolling Plain/Rolling

Ruling Minimum1 Design Speed 40 352 Roadway

i) Total Lane width (3.5m per lane) of each divided carriage way

15.0m 15.0m

3 Sight DistanceDesirable (intermediate)

90m 80m

Minimum (stopping) 45m 40mOvertaking 165m

4Horizontal Curvature(m)Requiring 7% super elevation

60m 45m

Requiring no super elevation 180m 180m5 Minimum length of vertical

curve20m 15m

6 Maximum grade change not 1.20% 1.50%

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requiring vertical curve

7 Gradient (%)i) Ruling 3.3 3.3ii) Limiting 5 5iii) Exceptional 6.7 6.7

8 Super elevation (%)Maximum 7 7Desirable 5 5

9 Rate of change of super 1 in 50 1 in 50elevation

10 ROW 20.0m 20.0m11 Set-Back (Distance between 3-6m 3-6m

building line and roadboundary)

Table 2.3.2 - Abstract of Estimate

SlNo

Heading Description Cost (Rs.)

1 Site clearance and dismantling 409028.002 Earthwork for road work 3760173.633 Sub base, base, shoulder 41515459.774 Base and surface courses 39246113.315 Drain, Duct and Retaining wall 42697654.216 Culverts 3708037.437 Bus Shelter 266511.448 Traffic Signs, Road markings and other

appurtenances15189697.42

9 Miscellaneous Items 1076401.0210 Repair and rehabilitation of bridges 1310326.2011 Parking Area 7654115.8912 Estimate for replacement of pipeline from

P.O Jn to Velloorkunnam by Kerala Water Authority, Muvattupuzha

19710000

13 Shifting of KSEB lines 3400000

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14 Land Acquisition 195000000TOTAL 37,49,50,000.00/-

The major risks identified with the project are adverse weather condition,

unforeseen shortages of labour or materials, strikes, disputes and damage to

person and property due to fire, flood, earth quake, etc. The chances of

occurrence of various unexpected and adverse effects were analysed considering

the ground condition and subsequently the mitigation measures were proposed.

Table 2.3.3 Project Risk and Mitigation Measures

Sl. Risk Mitigation measures proposed

No.

1

Land acquisition Compound Wall of Govt. town U.P

School, Muncif Court complex, Police aid

post, shall be acquired for smooth progress

of the work and complete project on time.

2Adverse weather

condition

Proper planning and works below ground

level to be completed before monsoon.

3

Shortage of

labour and

materials

Proper work scheduling

Shall be handled by the Contractor by making

the same available

4 StrikesThis shall be accounted by additional working

hours/ augmentation of resources thereafter

5Disputes

Increased communication and reviews to avoid

occurrences of disputes.

Any disputes to be settled without delay by

properly assessing the situation and arriving

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 21

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at a win-win situation

6

Damage to person and

property due to safety

issues or force majeure

Proper safety measures shall be ensured during

construction.

Insurance coverage

7

Project Management risks Institutionalizing an activity based project

schedule

This includes change in

priorities, overload,

communication issues,

lack of coordination,

Inexperienced work

force, etc.

Regular reviews and assessment of progress

Shall be avoided by appointing well

experienced and reputed organizations as

implementation agencies.

Proper monitoring

Constant reviews

8

Organizational risk :

Each unit in the Project Management

Organization is planned considering

minimizing the organizational risk

This includes

inexperienced staff,

insufficient time to plan,

loosing critical staff at

critical time, Inconsistent

cost, time, scope and

quality objectives

9Objection from the

local community

Settled by setting a time limit without

affecting the work progress

10

Contractual

relations:

The chance of occurrence of the same is very

less as the frame works are completed and

finalized in the initial stage itself. However, in

case of occurrence immediate measures shallIssues arise due to

permit and license,

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 22

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new stake holders,

priority changes,

funding changes

be adopted

11

Security issues due

to laborers

Proper ID cards

Surveillance measures

Entry restrictions

Minimum activities during peak time

2.4 Examination of alternatives

The proposed MC road is situated in a heavily built up area. There will not be

any need to consider an alternative for this project. The project aims to develop

the existing deficiencies of the road by acquiring the land and make the new

road according to the plan. And thereby make a solution to the traffic jam in the

town.

2.5 Phases of the project construction

The requiring body has adopted Work Breakdown Structure (WBS) and a

detailed Work Program Schedule is enclosed with Table 9.1 in DPR. WBS in

project management and systems engineering, is a deliverable-oriented

breakdown of a project into smaller components. WBS is a hierarchical and

incremental decomposition of the project into phases, deliverables and work

packages. It shows a subdivision of effort required to achieve an objective; for

example a program, project and contract. As per the schedule, the completed

time for the project is estimated as 290 days.

2.6 Core design features & size and type of facilities

The project area is located at the heart of Muvattupuzha town region. The

project road, of length 1.850 km, starts from P.O Jn in Muvattupuzha town and

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ends at Velloorkunnam. Four lane carriageways with an ROW of 20.0m are

proposed for the project road. The project road is to be widened to four lane

carriageway of 15.0m wide separated by 2.0m wide median. As part of the

project, proper drainage facilities with adequate side drains are proposed in

order to drain out water from the pavement, along with the improvement of the

existing CD structures. Considering the importance of the project road, all the

horizontal curves are standardized for a design speed of 40 km/hr for the project

road and 35km/hr at few locations where sharp curves and reverse curves are

seen. The newly proposed alignment is designed and drawn using the software

Civil 3D. The radius and transitions are provided according to the design speed.

The junctions located along the alignment are improved as per IRC

specifications. The deficiencies in profile, camber, super elevation etc are also

improved. Installation of proper road safety furniture is also included in this

project.

Based on the soil investigation data, the 90th percentile CBR value of existing

sub grade is obtained as 13%. Hence for 137 msa and 13% CBR pavement

thickness to be provided as per plate 7&8 of IRC 37 is 600 mm. For the

widening portion, the designed pavement composition is as given below:

Bituminous Concrete (BC) = 50mm, Dense Bituminous Macadam (DBM) =

100mm, Wet Mix Macadam (WMM) = 250 mm and Granular Sub Base (GSB)

= 200 mm. For the existing pavement locations, the layers from WMM, DBM

and BC are proposed. The proposal is put forward assuming that the existing

pavement layers will act as GSB.

As traffic details for the side road are not available, the pavement design has

been carried out for minimum value traffic of 2msa. The CBR value has been

taken as same as that of the Muvattupuzha town portion area. For the widened

portion, the pavement design has been done for 2 msa and 13% CBR. The

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pavement thickness to be provided as per plate 7&8 of IRC 37 is 420 mm. The

designed pavement composition is given below: Bituminous Concrete (BC) =

30mm, Dense Bituminous Macadam (DBM) = 40mm, Wet Mix Macadam

(WMM) = 200 mm, Granular Sub Base (GSB) = 150 mm.

Typical Design of Road Side DrainThe road side drains for urban section will be designed as per IRC: SP - 50

(Guide lines on Urban Drainage) adopting the design period as 15 years. The

capacity of the proposed drain will be able to carry run off from the road. As per

the requirement, covered reinforced cement concrete drains on both sides are

proposed below footpath.

Traffic Control DevicesRoad markings and road sign standards are to be provided as per IRC 35 and

IRC 67. The road markings are to be provided by considering the safe stopping

sight distance.

Protection WorksSide beam is improved by filling with good gravelly earth for 30 cm average

thickness. Protection works such as RR retaining walls shall be provided as per

the requirement at filling and cutting areas wherever the width of land is

restricted.

Safety BarriersW-beam crash barrier should be provided on the outer edges of roadway where

the embankment height is 3m. These shall be of metal beam with metal posts

with steel posts. Guard stones with reflectors are provided for height less than

3.0m.

Parking Lanes

The excess land in the right of way available is to be utilized for parking spaces,

with angle parking system.

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Utility ServicesUtility services as per IRC 98 may be provided. Utility services include water

supply lines, sewer lines, storm water drains, electric cables, telephone cables,

gas pipelines etc. A transverse duct for placing the utility services is provided at

every 500m interval, to avoid the cutting of the surface of carriageway in future.

Table 2.6.1 Design Features

Sl Description Standards StandardsNo Plain/Rolling Plain/Rolling

Ruling Minimum1 Design Speed 40 352 Roadway 15.0m 15.0m

i) Total Lane width(3.5m per lane) of each divided carriageway

3 Sight Distance 90m 80mDesirable (intermediate)

Minimum (stopping) 45m 40mOvertaking 165m

Horizontal Curvature(m) 60m 45m4 Requiring 7% super elevation

Requiring no super elevation 180m 180m5 Minimum length of vertical 20m 15m

curve6 Maximum grade change not

requiring vertical1.20% 1.50%

curve7 Gradient (%)

i) Ruling 3.3 3.3ii) Limiting 5 5iii) Exceptional 6.7 6.7

8 Super elevation (%)

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 26

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MaximumDesirable

75

75

9 Rate of change of super elevation

1 in 50 1 in 50

10 ROW 20.0m 20.0m11 Set-Back (Distance between

building line and road boundary)

3-6m 3-6m

2.7 Need for ancillary infrastructural facilities

The project area is located at the heart of Muvattupuzha town region. The

project road, of length 1.850 km, starts from P.O Jn in Muvattupuzha town and

ends at Velloorkunnam. The project road is aligned along the State Highway 1

and is significant for the development of the region considering the road traffic.

The project covers construction of approach roads, drainages, traffic safety

infrastructure and movement of existing utilities have also incorporated in the

Detailed Project Report (DPR).

2.8 Workforce requirements (temporary and permanent)

Construction activities are planned to start after the completion of land

acquisition. Selection of the contractor will be based on open competitive

bidding. The total approximate quantities of the respective items of work and

the time of completion are specified and the contractual obligations cover the

rate, the approximate quantities involved and the time of completion. The work

force requirements are made according to the contract.

2.9 Details of social impact assessment/ environment impact assessment if already conducted and any technical feasibility reports

As per the Detailed Project Report, the proposed road doesn’t fall under

protected areas such as Forest/Wild Life Sanctuary/NP Areas/Biodiversity

Areas/Ecologically Sensitive Areas and hence the prior clearances are not

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applicable under Forest Conservation Act, 1980 or Wildlife Protection Act,

1972.

The DPR include Technical Feasibility Studies, Cost Benefit Analysis, Risk

Assessment and other major investigations such as Topographical /Traffic

surveys and Geotechnical studies. However as per the available information, no

studies to assess social impact of the project are conducted in the past.

2.10 Applicable legislations and policies

The applicable laws on land acquisition, rehabilitation and resettlement for the

proposed land acquisition for M.C. Road widening are:

■ The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013.

■ Kerala the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Rules 2015.

■ Government of Kerala- Revenue (B) Department -State Policy for

Compensation and Transparency in Land Acquisition vide G.O (Ms)

NO.485/2015/RD dated 23/09/2015.

■ Government of Kerala, Revenue (B) Department -State Policy for

Rehabilitation and Resettlement Package for Land Acquisition in the

State in lieu of RFCTLAR&R Act 2013 vide GO(MS)No.448/2017/RD

dated 29/12/2017.

■ Right to Information Act, 2005.

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Chapter 3

Team Composition, Approach, Methodology and Schedule of the SocialImpact Assessment

3.1 Team Members

Vide Government Notification No. DCEKM/C5-2977/19 dated 18/06/2020, the

SIA Unit of Rajagiri Outreach, Ernakulam was appointed to conduct Social

Impact Assessment Study and to prepare a Social Impact Management Plan as

per section 4 (1) of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement (RFCTLAR&R) Act, 2013.

Further, a team was constituted with experts who have engaged in similar

projects and deployed them into the project with a set of definite roles and

responsibilities.

The objective of Social Impact Assessment (SIA) is to enumerate affected land

and structures, affected families and persons, to identify social impacts, and to

prepare Social Impact Management Plan (SIMP). In order to capture data for

the present exercise, both primary as well as secondary sources were

systematically tapped. As a part of SIA, socio-economic survey has been

conducted by experienced members of SIA Unit in the project affected families

to list out the favourable and adverse impacts of the project.

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Table 3.1- Team members

Sl. Name Qualification and ExperienceNo Designation

1. Dr. Binoy JosephPh.D, MA (PM& IR) Principal and Chairperson

25 Years in Management and Development

2. Dr.(Fr.)Saju.M.D. M.Phil,Ph.DConsultant

13 years in teaching, research and training

3. Fr.Shinto Joseph MSWConsultant

5 years in teaching, research and training

4.Ms. Meena Kuruvilla MSW

Project Director

30 years in Development sector

5. Mr. Biju C PBADevelopment Officer- SIA

24 years in Development sector

6. Mr. Tony Babu MSWResearch Associate

2 years in Development sector

7. Mr. Gigin P.S MSWResearch Associate

2 years in Development sector

8. Mr. Albin Noble MSWResearch Associate

1 year in Development sector

3.2 Description and rationale for the methodology and tools used to collect information for the social impact assessment

As per the survey conducted in the project area the land is owned by 29 persons.

The SIA team visited the project site and assessed the land and its accessories.

The invigilators of the team conducted a socio-economic survey among the

affected families with a structured and pre-tested questionnaire which contains

information about the socio-economic background of the families, land details,

their views of acquisition etc. The SIA unit surveyed all affected families.

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The collected data were analysed and findings have interpreted and on that basis

Social Impact Management Plan is prepared to be considered for the further

process of land acquisition. The draft reports of the SIA study are prepared in

English as well as in Malayalam language and presented in the Public hearing

held on 20.08.2020 in Taluk office conference hall, Muvattupuzha. The Final

Report was prepared after including the opinions and queries expressed by the

affected families, LSG members and local people in the public hearing and the

LAO’s and Requiring Body official’s answers for these queries. In short the

following are the steps taken for the study:

• Study of relevant documents received from the office of Special Tahsildar

(LA), Kakkanad and PWD Roads division.

• Site visit.

• Socio-economic survey and enumeration of affected properties.

• Analysis of socio-economic survey data.

• Draft Report Preparation.

• Public Hearing and Draft Report presentation.

• Final report submission.

3.3 Sampling Methodology used

As the size of the land to be transferred for the project by the affected person

and extent of impact due to latter is unique for each, a population Socio­

Economic-Impact Survey was found to be appropriate over sampling method.

Further, respondent size was found to be 29 directly affected and 17 commercial

units and hence was possible to collect the information in the limited timeframe

as per the scheme of the study.

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Site visit along with Sri. Eldo Abhraham M.L.A, Land acquisition officersand Municipal Chairperson

3.4 Overview of information/ Data Sources used

A unique structured questionnaire was prepared, tested and validated to collect

information from affected persons through Socio-Economic-Impact Survey. The

questionnaire contained questions aimed to collect the information such as

Demographic/ Economic/ Family/ Livelihood, details of performing/non-

performing assets in the project land and the types/degree of impact.

Both primary and secondary quantitative and qualitative information were

collected and analysed through scientific methods. The primary information was

collected from the affected families through survey using a pretested structured

questionnaire. Secondary information and published reports from concerned

offices of PWD roads division/Revenue/Panchayat were collected and referred

by the field investigators at multiple stages. The response and data points were

analysed and findings have reported along with recommendations.

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3.5 Schedule of consultations with key stakeholders and brief description

of public hearings conductedAs part of the study, multiple meetings/interviews/discussions were held with

important stakeholders.

Table 3.5- Schedule of Consultation Meetings

Date Activity/Event/Meeting Venue

23/06/2020 Pilot Study and Key Informant Interviews

Muvattupuzha

27/06/2020 Socio-Economic Survey and Key Informant Interviews

Muvattupuzha

23/06/2020 Meeting with Land Acquisition Officer,

Muvattupuzha

14/08/2020 Distribution of Notice and broadcasting about Public Hearing Meeting

Muvattupuzha

20/08/2020 Public hearing Muvattupuzha

18/09/2020 Final Report Submission

Public HearingAs per Form 5 of Rule 14 (1) of the Kerala Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules,

2015, SIA Unit has conducted Public Hearing at 10.30 am on August 20, 2020

at Conference hall, Taluk office, Muvattupuzha. Smt. Usha Sasidharan-

Chairperson Muvattupuzha Municipal Chairperson, Ward counsilors Sri. K.B

Bineeshkumar and Sri. P. Premchand, Sri. K. Chandrashekaran Nair - RDO

Muvattupuzha, Sri. Santhosh A.P- Village officer Vellorkunnam, Smt. Manjula

Devi - L.A Special Tahsildar, Smt. Susan S Thomas - Assistant Engineer PWD

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 33

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division, Smt. Anithakumari J- Assistant Executive engineer and representatives

of affected family members were participated in the public hearing. Honourable

M.L.A Sri. Eldho Abhraham was special guest in the hearing. Smt. Meena

Kuruvilla, Chairperson SIA unit, Rajagiri outREACH was chaired the meeting.

Mr. Albin Noble Research associate from SIA unit presented the Draft SIA

report. Based on the presentation of the SIA draft report the concerns and

enquiries raised by the affected persons were clarified by the officials and the

session was documented with the help of Audio-Visual tools. Mr. Biju C.P. and

Mr. Gigin P.S., the officials of SIA unit were Coordinated the hearing and

extended vote of thanks respectively. Subsequently, the transcript of the

concerns raised by the affected persons has sent to the Requiring Body and land

acquisition officer and the same was replied by the authorities. The below table

exhibits the concerns raised by the people participated in Public Hearing and the

answers for it from the respective officials.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 34

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Photos of public hearing held on 20/08/2020

MaiMHaiUP-aon

«

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 35

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Table 3.5.2 The queries/ anxieties shared by the people participated in the public hearing and answers from the concerned authorities

Date : 20-08-2020

Venue: Taluk office Conference hall, Muvattupuzha

Sl.No. Person with opinion

O pinion/Concern Response from the Concern A uthority

1 Surendran 1. In the records the plot is marked as wet land. It should be considered as dry land and give proper compensation.2. In the proposed 0.0097 hectares how much will be my land in the 97m"2 property, I need to know is our extra space is involved.3. If the land is acquired 10 ft. High retaining wall will have to be demolished. The way to the shops in the ground floor will lose. All of these things should be checked and give compensation.

P.W .DNot applicable

L.A Tahsildar1. Compensation will be given as after checking the condition of the land in recent years.2. The exact area can be ascertained only after conducting the survey for which the initial notification has been issued.3. Compensation is given as per LARR Act 2013.4. Pricing will be determined only after the initial notification.

2 Paul Joseph (Holy Maggie Church trustee)

When the site was acquired last, it was said that steps could be taken to replace the chapel. Ensure proper measures to replace the chapel.

P.W .DWill not affect road construction.L.A TahsildarCompensation is given as per GO (ms) 448/17/RD dtd TVPM 29/12/2017.

3 Annapoorneswari 1. What is the price of the land to be acquired? P.W .D

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2. Is there any barrier to selling the property now?

Not applicable L.A Tahsildar1. Pricing will be determined only after the initial notification.2. Sales are not possible in the event that LA procedures are initiated.

4 Sabu 1. When is the road construction project begins?2. There is no impediment to the demolition of the building. Unable to rent room due to not knowing when the project will start.

P.W .DAfter completing the land acquisition process L.A TahsildarAs per the decision of the requiring body.

5 Sreeman The shop will be completely lost. There are four employees in the shop. Their income will also be lost. Last time a shop was demolished. The present land is wet land. If the land is acquired, it is difficult to carryout construction work on the rest of the site. The land should be included in the dry land category.

P.W .DNot applicable L.A Tahsildar1. Compensation is given as per GO (ms) 448/17/RD dtd TVPM 29/12/2017.2. To convert wet land to dry land approach the concerned RDO.

6 Sreejith 1. Special permission should be given to construct the building on the surplus land of the land to be acquired.2. How long will it take to complete the road after the building is demolished?3. Permission must be granted to trade in the remaining area of the building to be demolished.

P.W .D1.Not applicable 2.10 months 3.Not applicable L.A Tahsildar1. Sanction has been taken from local self government department.2. According to the action taken by the requiring body.3. According to the action taken by the requiring body.

7 Anuraj Is the current marking final? P.W .D

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 37

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YesL.A TahsildarAs per the decision of the requiring body.

8 R.Syamdas (N.S.S taluk union President)

It is a four storied building. Will the sunshade be demolished as per the current marking?

P.W .DWill be demolished L.A TahsildarAs per the decision of the requiring body.

9 Venkitesh No notice has been received from the government regarding the land acquisition.

P.W .DNot applicable L.A TahsildarAfter publishing preliminary notification, the notice regarding survey will be distributed.

10 Manumon Shaji The waste pit and septic tank are located in the marked area.

P.W .DNot applicable L.A TahsildarIt is a matter for the requiring body to consider.

11 Nasar The stone is attached to the wall of the building.

P.W .DNot applicable L.A TahsildarIt is a matter for the requiring body to consider.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 38

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Chapter 4

Land Assessment

4.1 Description with the help of the maps, information from land inventories and primary sources

The proposed M.C. road widening would require 0.1208 Hectares

(Approximate) of land in Maradi and Vellorkkunnam Villages of Muvattupuzha

Taluk, Ernakulam. The identified land comprises of both private as well as

public land and includes Dry land and Wet land. The proposed M.C road will

ensure faster and safe transportation through the Muvattupuzha town. Project

location with the help of Google Map is in the figure below.

Figure 4.1- Project location Map

(M uvattupuzha)6KTUCTd(5<pd

Shangrila

4(/2tttfT\anam

UUU JUIIau6nJ crafari ▼ VEducation O ffice

Hello Cafe muvattupuzhaT emporarily closed

Haneefa SGrocery

N irm ala M edica l CentreVallakaliU

Comfy WeddingStore, MuvattupuzhaInk Art Tattoo Studio t emporarily closedtemporarily closed

Ayyapa T e m p le ^Delta ElectronicsTemporarily closedSt George Hospital Central Excise O ffice

^ k e k a ra R0

Poovans SN Iu n

G overnment GeneralHospital, M uvattupuzha La La Land Cakeshop

MuvattupuzhaMalabar Gold Image IT Care

& Diam ondsFinancial Servicesaejsnrxd

K/nud<uJ M uncipal ParkBlue Dart Couriers

ruxxosErnakulam Karshikap A o n lM noDentCare India Sahagarana Bank

South Ind

ManThodupU2130 Junction

As per the primary sources, one residential building, and thirty two commercial

units will be fully affected due to the proposed M. C road. Further the

compound wall of government town U.P School, Police-aid post, Muncif court

wall will also be affected.

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4.2 Entire area of impact under the influence of the project (not limited

to land area for acquisition)

Muvattupuzha Muncipality is in Emakulam district. The M.C road passes

through Vellorkkunnam and Marady villages in the town. The project is being

planned in Emakulam district in Muvattupuzha taluk of Marady and

Vellorkkunnam villages.

The public transportation via Muvattupuzha would require faster and safer road

networks. Further, there are many religious/ educational institutions and civil

organisations located in the proposed M.C road will have a significant positive

impact in the region.

Figure 4.2- Project Location Photograph

4.3 Total land requirement for the project

As per the Notification and Schedule released by District Collector Ernakulam,

a total extent of 0.1208 hectares of land from Maradi and Vellorkkunnam

Villages of Muvattupuzha Taluk, Ernakulam district is mapped to be acquired.

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The identified land comprises of both private as well as public land and includes

Dry land and Wet land.

4.4 Present use of any public, utilized land in the vicinity of the project area

PWD road, Government town U.P school, muncif court compound wall, are

included in the project land for the construction of M.C road in Muvattupuzha

town.

4.5 Land (if any) already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project

The concerned authorities have mapped to acquire 0.1208 hectares of land for

the proposed construction of M.C road. As per the available information from

the concerned departments, no land has been either leased or purchased for the

project yet.

4.6 Quality and location of land proposed to be acquired for the project

Muvattupuzha Muncipality is in Ernakulam district. The M.C road passes

through Vellorkkunnam and Marady villages in the town. The project is being

planned in Ernakulam district in Muvattupuzha taluk of Marady and

Vellorkkunnam villages. The concerned authorities have mapped to acquire

0.1208 hectares Ares of land for the proposed construction of M.C road.

Farming and business have been the traditional means of income for the people

in the region. The quality of soil is known to be strong enough for heavy

structures.

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4.7 Nature, present use and classification of land and if agriculture land, irrigation coverage and cropping patterns

Muvattupuzha Muncipality is in Emakulam district. The project is being

planned in Emakulam district in Muvattupuzha taluk of Marady and

Vellorkkunnam villages. Our field investigators have identified 29 directly

affected persons whose properties are mapped to acquire for the proposed M.C

road widening.

The socio-economic survey reveals that fifteen (15) land plots are classified as

‘Purayidam.’ And four (4) land plots are classified as ‘Nilam’ (Figure 4.7.1)

The present uses of land are found to be diverse. 17 land plots are used for

commercial purpose, 1 land plot is used for residential purpose and 1 land

remains unused. (Figure 4.7.2) As per the primary data source, the affected

land has one (1) Well for drinking water requirements. The project land is the

extension of the present road, there is no trees residing in the proposed area.

Figure 4.7.1 Type of Property

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Use of Land■ Business ■ Residential ■ Other

5%

Figure 4.7.2 Use of land

4.8 Size of holdings, ownership patterns, land distributions and number of residential houses

As per the present design and alignment, the M.C road widening project would

directly affect 29 persons whose land is mapped for the acquisition procedures.

The survey reveals that one (1) residential house will be affected.

The year on which the affected person hold ownership ranges from 10 years to

more than 50 years and decade wise ownership status of the affected land is

presented in Figure 4.8.1. While 63% of the population have inherited the land

from their ancestors, 37% of the population have bought the land to arrive at

ownership (Figure 4.8.3).

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 43

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Year of Ownership

5

Figure 4.8.1 Year of ownership

Figure 4.8.2 - Forms of Ownership

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4.9 Land prices and recent changes in ownership, transfer and use of lands over the last three years

No transaction has been done in the land to be acquired for the last 3 years as

per the information received from the respondents. Majority of them have

inherited and owns the land for more than 20 years and above.

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Chapter 5

Estimation and Enumeration (Where Required) of Affected Families andAssets

5.1 Estimation of families

As per the notification from District Collector, Emakulam, Twenty five (25)

plots comprising of public and private lands are aligned for the widening of

M.C road in Muvattupuzha town. Contrary to this, land plots owned by Twenty

nine (29) persons are found to be affected by the field investigators of the SIA

unit as guided by the Survey Stones fixed by the Revenue Department. While

one (1) residential building is known to be affected, thirty five (35) units

engaged in commercial activities as well as compound walls of Government

town U.P School, Muncif court complex, police-aid post, will also are impacted.

5.1.1 Properties which are directly affected (own land that is proposed to be acquired)

Table 5.1.1 - List of affected property

Village : Maradi

Sl.No Survey No. Extent in Hectares Type of land

1 365/6 1.15 Dry land

2 366/6 0.97 Wet land

3 366/9 0.29 Dry land

4 369/6 1.66 Dry land

5 369/7 0.07 Dry land

6 370/1-4 0.20 Dry land

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7 370/1-11 0.40 Dry land

8 370/1-15 2.42 Dry land

9 370/2 0.53 Dry land

10 372/15-7 0.89 Dry land

11 371/23 A1 0.07 Dry land

12 371/23 C 0.23 Dry land

13 372/2 A 0.03 Dry land

14 372/2 B 0.03 Dry land

15 372/15-1 0.08 Dry land

16 372/15-3 0.16 Dry land

17 372/15-6 0.48 Dry land

18 373/4 0.61 Dry land

10.27 Ares

Village : Vellorkkunnam

Sl.No Survey N oE xtent in H ectares

Type o f land

1 838/32 C 0.0004D ry land

2 838/32 A 0.0014D ry land

3 839/24 0.0020W et land

4 839/25 0.0080D ry land

5 839/27 Part 0.0030W et land

6 839/28 Part 0.0018 D ry land

7 840/7 Part 0.0015 D ry land

Total 0.0181 Ares

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5.2 Family of scheduled tribes and other traditional forest dwellers who

have lost any of their forest rightsMuvattupuzha is a town which is situated on the banks of the Muvattupuzha

river. Neither any Scheduled Tribes, nor any other community with special

forest rights are reported to be affected with the project.

5.3 Families which depend on common property resources which will be

affected due to acquisition of land of their livelihoodAs reported in the Socio-economic survey, no property resources such as Canal,

Pond etc. are not shared among the affected persons at present and hence no

adverse effect on the same.

5.4 Families which have been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition

No families in recent years were assigned land by any government and no such

land will be affected.

5.5 Families which have been residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land

Muvattupuzha is a town in Ernakulam district. As reported in the Survey

conducted by SIA unit, since the affected area comprised of business units and

buildings, no parties were staying in the area.

5.6 Families which have depended on the land being acquired as a primary source of livelihood for three years prior to the acquisition

Most of the affected persons have reported that the major source of income in

their familiy is the income from business, rental income and others have

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pension, Salary. And the acquisition of land for M.C road widening will affect

livelihood of many families. Further, Government town U.P School in the town,

Muncif court compound wall, police aid post etc. will also have an adverse

impact as the project land alignment.

5.6.1 Families which are indirectly impacted by the project (not affected

directly by the acquisition of own lands)The proposed M.C road widening is also expected to affect the livelihood of

eight tenants who runs commercial units such as Lottery agency, Bakery, Foot

wares, Stationary shops, and other small business units. Income in the families

of all staffs employed by the latter will also have an adverse impact due to the

aforesaid project.

5.6.2 Inventory of productive assets and significant lands.

The in and around areas of Muvattupuzha town is business and farming and is

reported that One (1) residential building will be affected. In addition to the

functioning school building, thirty two units engaged in commercial activities

are also fall in the project site.

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Social Economic and Cultural Profile (Affected Area and ResettlementSite)

6.1 Demographic details of the population in the project area

As given in the figure 6.1.1, Hindu faith is dominated among the affected

persons as 68% follow the religion. The remaining 11% families follow Islam

and 21% follows Christianity.

Figure 6.1.1 Religion

Chapter 6

The gender statistics of the affected families reveal that female population (N=

43) is higher than the male group (N=41). Figure 6.1.2

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Figure 6.1.2 Gender

GenderHM ale H Female

While analyzing age of the affected population (Figure 6.1.3), it is found that

adult in the age group of 26-40 outnumbered the rest with 22 of them followed

by 15 persons falling in 41-60 age group. Similarly, presence of younger

children (0-6) and elders (60-80) in the families are comparatively high with 6

and 17 numbers respectively. Number of children under age group of 7-18 and

adults in 19-25 age groups has counted as 7 and 11 each. There is Three (3)

person falls in the age group of >80 category.

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25

20

15

10

5

00 - 6 7 18 1 9 -2 5 2 6 -4 0 4 1 -6 0 6 0 -8 0 above 80

As illustrated in Table 6.1 detailing the marital status of adults in the affected

families, about more than half of the population is married (N=56) and twenty

four (24) are reported as unmarried. Survey also counts Three (3) people as

widow and no person as separated.

Table 6.1 Marital Status of Adults

Figure 6.1.3 Age of Affected Persons

Marital Status of Adults

Status PopulationMarried 56Unmarried 24Widowhood 3

With regards to the education background of the affected persons, survey

reveals that ten (10) people in the affected families have High School

qualification, whereas eight (8) are either pursuing or completed Higher

Secondary School education. While Six (6) have LP School qualification, No.

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of persons with UP School qualification is only Four (4). Number of individuals

with UG and PG qualification are Thirty three (33) and Eight (8) respectively.

(Figure 6.1.4)

Figure 6.1.4 Education

Education33

■L.P

4

M

11 10

I 1U.P High School Higher U.G

Secondary

Education

■P.G

86

6.2 Income and poverty levels

With regards to the income level of the population, Seventeen (17) affected

families have promptly participated in the survey and twelve respondents didn’t

give the required information.

Income level of the affected families is found to be diverse, ranging from INR

10,000 to INR 400000 per month. Figure 6.2.1 furnishes the income level of 17

families and Five (5) families earn an income in the range of INR 10,000-30000

per month, followed by Four (4) families fall in INR 30,000-60,000 category.

One (1) family earns between 60,000-90,000 While Four (4) families earn

between INR 90,000 and 150,000, Three (3) families earns more than 150,000

lakh per month. Also Twelve (12) persons do not respond to their family

details.

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Figure 6.2.1 Income Level

Income Level

■ Income Level 10 k - 30 k

■ Income Level 30 k - 60 k

■ Income Level 60 k - 90 k

■ Income Level 90 k - 1.5 L

■ Income Level > 1.5 L

As illustrated in Figure 6.2.2, Six (6) families having Blue ration card and Nine

(9) families holding White ration card indicates that the majority of the affected

population live above poverty line as per the government standards. Two (2)

persons do not respond about the details of ration card.

Figure 6.2.2 Ration Card

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6.3 Vulnerable groups

Muvattupuzha Muncipality is in Emakulam district. The M.C road passes

through Vellorkkunnam and Marady villages in the town. The project is being

planned in Ernakulam district in Muvattupuzha taluk of Marady and

Vellorkkunnam villages. The concerned authorities have mapped to acquire

0.1208 hectares of land for the proposed construction of M.C road. Though

major aspects of Human Development Index such as education, income, health

etc. are found to be positive, there are certain vulnerable groups especially

children and elders who would require special attention while implementing the

project. No. of Children under 6 years of age is Six (6) and elders whose age is

above 60 years is Twenty (20). Further there are One (1) widow and One (1)

cardiac patient and one (1) mentally retarded among the affected persons who

would also be vulnerable due to the project.

6.4 Land use and livelihoodThe socio-economic survey reveals that 22 land plots are classified as

‘Purayidam’ and 3 plots are classified as ‘Nilam’. (Figure 4.7.1) The present

uses of land are found to be diverse. 17 land plots are used for commercial

purpose, 1 land plot is used for residential purpose and 1 land remains unused.

The survey reveals that the livelihood opportunities of 35 families will be

affected.

6.5 Local economic activities

The experts from Socio-Economic Survey reports that Business in local towns,

government jobs and pension constitute the major source for household income

and livelihood, yet a minority is engaged in farming and other daily wage jobs.

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6.6 Factors that contribute to local livelihoods

Farming and trade were the two prominent and traditional livelihood activities

in the place and also government jobs contribute to the livelihood opportunities

of the people. The growing Muvattupuzha town attracted many businessmen

and workmen from the nearby villages and finds livelihood means.

6.7 Kinship patterns and social and cultural organization

As observed by the expert team of SIA, people generally live in harmony and

work together for the development of the region. Schools, Religious and

Cultural Organisations are also present in the region and the most notable being

is Government town U.P. school, Muncif Court Complex, Muvattupuzha

Municipality, Police Station, etc.

6.8 Administrative organization

Maradi Village, Muvattupuzha Municipality, Muncif Court Complex, Police

Station, Excise office, etc. are some of the administrative organisations located

in the vicinity of project site; despite the compound wall of the Muncif court

complex no other administrative organizations are being affected directly with

the proposed M.C road widening.

6.9 Political organization

Muvattupuzha is a town in which major political organizations were situated in

the town. Major political organizations in Kerala have present in the vicinity of

the project location.

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6.10 Community based and civil society organizations

No such organizations are affected due to the project

6.11 Regional dynamics and historical change processes

Muvattupuzha town is situated in Muvattupuzha taluk in Ernakulam district.

The region is known for its cultivation for trade and cultivation. The banks of

the Muvattupuzha river has evolved as the commercial centre of the village. To

leapfrog the development of the region, a faster and safer road network is

essential and the proposed widening of the road is likely to become catalysts for

the same.

6.12 Quality of the living environment

Major population in the project area live Above Poverty Line with access to

facilities such as Schools, Religious Centres, Civil Organisations, Social Groups

etc. Hence the Muvattupuzha town is a developed town, the facilities in the

town are also being used widely especially for Health, Education and

Livelihood.

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Chapter 7

Social Impact Management

7.1 Approach to mitigation

To assess the mitigation, the expert research team of SIA Unit has adopted an

approach that is spanned in three phases. In the first phase, a physical

observation of the area was held and conducted a pilot study to understand

major risks and opportunities involved with the project. Through a structured

questionnaire, detailed dynamics of risks of each affected person is collected

and analysed. Further, to understand generic and common risks involved with

the project, in-depth interviews were held with selected key persons and

stakeholders of the project. As the 4th stage a public hearing was held at

Conference hall, Taluk office Muvattupuzha. After presenting the draft report,

the project affected families and stake holders got opportunity to suggest

additions and deletions required in the report. The anxieties raised by the project

affected families regarding the project and land acquisition was replied by the

Land Acquisition officer and requiring body.

7.2 Measures to avoid, mitigate and compensate impact

The widening of M.C. Road in Muvattupuzha town was proposed by KSTP

Division Muvattupuzha. KSTP has adopted the existing design, considering not

only the lower estimated cost of the project, but the minimal impact to the

residential/ commercial buildings as well. However, with the existing alignment

plan, One (1) residential building is understood to be affected and total of

Twenty Nine (29) families are to be directly impacted. Further, the tenants and

employees working in the owned and rented organisation/ commercial units are

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known to be indirectly affected with the project. The following measures may

be taken to avoid, mitigate and compensate impact.

• Compensation shall be provided to the land owners as per the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act 2013&KeralaRight to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules

2015.

• The Rehabilitation and Resettlement package shall be provided to the

affected families as per the Policies issued by Revenue (B) Department,

Government of Kerala vide G.O.(MS)No.485/2015/RD dated 23/09/2015

and vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the

rehabilitation and resettlement package for land acquisition in the state in

lieu of RFCTLAR&R Act 2013.

• Relaxation in the KMBR (Kerala Municipality Building Rule) for new

construction may be given to the project affected person (PAP) for the

remaining land for FAR (Floor Area Ratio) and building offset.

• To avoid negative impact on livelihood of the families, resettlement

procedures should be done before the evacuation of the project affected

shops.

• Reinstall common facilities such Roads and Walkways to residential/

other properties which are expected to affect due to the implementation of

the project.

• Measures to rebuild the affected portion of Govt. town U.P School,

Muvattupuzha.

• Ensure that the functioning of the shops which are not included or

partially included in the acquisition is not hindering during the project

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construction period. Otherwise consider for compensation for the

affected livelihood during the construction period.

• Measures to be taken to unhindered the entrance to the houses/shops,

people’s mobility and vehicle movement during construction

• Take possible measures to recreate income source for the directly and

indirectly affected persons.

• Safety of the people while road widening and healthy disposal of

wastages which may arise out of construction should be ensured.

7.3 Measures that are included in terms of Rehabilitation and Resettlement and Compensation as outlined in the Act

Measures to be taken to provide compensation and Rehabilitation and

Resettlement package as per the RFCTLARR Act 2013 and the Policies issued

by Revenue (B) Department, Government of Kerala vide

G.O.(MS)No.485/2015/RD dated 23/09/2015 and G.O.(Ms)No.448/2017/RD

dated 29/12/2017 for the rehabilitation and resettlement package for land

acquisition in the state in lieu of RFCT LAR&R Act 2013.

7.4 Measures that the Requiring Body has stated it will introduce in the project proposal

Requiring body stated that sufficient fund has been allocated in the project for

land acquisition.

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7.5 Alterations to project design and additional measures that may be required to address the extend and intensity of impacts across various groups as identified during SIA

Requiring body is planned the project alignment in such a way to cause very

minimum impacts to the families. Nobody has suggested any alterations or

additional measures during the SIA study.

7.6 Detailed Mitigation Plan including detailed activities to be carried out for each mitigation strategy, timelines for each mitigation strategy

To mitigate the social impact of the proposed land acquisition, compensation

and R&R package should be provided to the families as per the Policies issued

by Revenue (B) Department, Government of Kerala vide

G.O.(MS)No.485/2015/RD dated 23/09/2015 and G.O.(Ms)No.448/2017/RD

dated 29/12/2017 for the compensation and R & R package for land acquisition

in the state in lieu of RFCTLARR Act 2013 by strictly following the time plan

and procedures stated in the Kerala Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules,

2015.

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Table 7.6.1 Social Impact Management Plan

Sl.No.

1

2

SocialImpact

Loss

land

of

ImpactManagement

Provide

compensation

per the

schedule

as

1st

of

Loss of

assets

attached to

the land

RFCTLARR Act

2013 and the

related policies

of the State

Government

Provide

compensation as

per the 1st

schedule of

Time Frame

Time frame as

per the Kerala

Right to Fair

Compensation

and

Transparency

in Land

Acquisition,

Rehabilitation

and

Resettlement

Rules 2015.

3

RFCTLARR Act

2013 and the

related policies

of the State

Government

Loss of

livelihood/

income

Provide R&R

package as per

the 2nd schedule

of RFCTLARR

Act 2013 and the

Mitigation Indicators

Sensitize the affected

families about the

reasonable price and

other legal benefits of

the land

Assets should be

measured in the

presence of the land

owners and inform

them the procedures of

its valuation

Compensation shall be

given to the land

owners and the people

with legal documents

who works in the

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related policies

of the State

Government

project area for more

than 3 years.

4 Eviction

of shops

Compensation

and R&R

package as per

the 1st and 2nd

schedule of

RFCTLARR Act

2013 and the

related policies

of the State

Government

Resettlement

procedures shall be

done before the

eviction of shops

5 Resettlem

ent of

basic

facilities

like Septic

tank and

Drinking

water tank

Resettlement

procedures as per

the 2nd schedule

of RFCTLARR

Act 2013 and the

related policies

of the State

Government

The affected basic

facilities shall be

resettled timely

without causing

inconvenience to the

families. If the

remaining land is

insufficient for

construction, consider

the rehabilitation of the

family

6 Loss of

Entrance

Adequate

entrance to the

shops and houses

Ensure adequate

entrance to the houses

and shops near by the

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nearby the bridge

shall be included

in the project

design

bridge after the project

implementation

7 Hindering

the

functionin

g of the

shops

during

constructi

on period

Construction

shall be planned

as unhindered the

functioning of

shops which are

not included or

partially included

in acquisition. If

hinders income

loss shall be

compensated

Provide

compensation

in the income

lose time itself

to meet the day

to day

expenses of the

families

Ensure the pleasant

functioning of the

shops in the project

area during the

construction period or

compensate the income

loss during the time of

impact.

8 Traffic

block and

hindering

public

mobility

during

constructi

on period

Plan and

implement safety

measures and

develop plan of

action before the

project

construction for

the undisrupted

transportation

and movement of

people

Plan before the

construction

period

Measures shall be

taken to unhindered

the vehicle movement

and public mobility

during construction

period

9 Retention Scientific Plan before the Ensure the scientific

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of

constructi

on waste

disposal of construction

construction period

waste shall be

done on time

and timely disposal of

construction waste has

done before the project

implementation

without causing

environmental issues

to the region

7.7 The SIA plan indicating which measures the Requiring Body has committed to undertake and those that have been proposed, but not committed to be undertaken by the Requiring Body

Not Applicable

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Social Impact Management Plan Institutional Framework

Chapter 8

8.1 Description of institutional structures and key person responsible for each mitigation measures

RFCTLARR Act, 2013 section 43 and The Kerala RFCTLARR Rules 2015

Rule 22 define the Administrator appointed by the State Government would be

the person responsible for Preparation of Rehabilitation and Resettlement

Scheme for affected families of Land Acquisition. Subject to the

superintendence/ directions / control of the appropriate Government and the

Commissioner for Rehabilitation and Resettlement, the formulation, execution

and monitoring of the Rehabilitation & Resettlement Scheme shall vest with the

Administrator. Special Tahsildar (LA) N.H.No.1 is the Administrator of the

land acquisition from Maradi and Vellorkunnam villages in Muvattupuzha

Municipality in Muvattupuzha Taluk, Ernakulam.

As per The Kerala Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Rules,2015 and the Policy framed

by the State government via G.O. (Ms) No.485/2015/RD, dated 23/09/2015, for

the land acquisition in Kerala State 2 committees shall be constituted.

1. District Level Fair Compensation, Resettlement and Rehabilitation

Committee which comprises of following members:

• District Collector

• Administrator for resettlement and rehabilitation

• Land Acquisition officer,

• Finance Officer

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• Representatives of the requiring body empowered to take financial

decisions on its behalf.

• Representatives of Local Self Government Institution of the area

where the land is situated.

2. The State Monitoring Committee for Rehabilitation Committee,

which shall have the following members:

• Chief Secretary

• Revenue Secretary

• Secretary of the Administrative Department

• Law Secretary

• Finance Secretary

The District Level Fair Compensation, Resettlement and Rehabilitation

Committee will finalize the estimate of a fair and reasonable price of land and

compensation along with the Rehabilitation and Resettlement package to be

given to the affected person/ family and submit the same to the State Level

committee. The State Level Empowered Committee shall approve the estimate

or return it for reconsideration with suggestions/observations.

After the approval of the State Level Monitoring Committee the District Level

Fair Compensation Resettlement and Rehabilitation Committee shall present the

estimated compensation and resettlement and rehabilitation package to the

affected family or affected person and explain the terms and conditions of the

same. Upon receiving the consent of the affected person or affected family, the

District Level Fair Compensation Resettlement and Rehabilitation Committee

shall submit the consent along with the minutes of its proceedings to the District

Collector for finalizing the conveyance of land in terms of the consent. The

Compensation and package agreed upon shall be paid into the bank account, the

details of which shall be submitted by the affected family or affected person

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along with the consent. On completion of the conveyance the Collector shall

take possession of the land.

8.2 Specify role of Non-Governmental Organizations

RFCTLARR Act 2013 section 4 insists to conduct a Social Impact Assessment

study whenever the Government intends to acquire land for a public purpose.

As per the Rule 9 of The Kerala Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Rules 2015, the

Government shall empanel the individuals/ organizations as Social Impact

Assessment units to conduct the Social Impact Assessment study of the land

acquisition. Rajagiri outREACH, an NGO functioning in Rajagiri College of

Social Sciences is entrusted by the District Collector via Notification No. C5-

2977/19/DCEKM dated 18th June 2020 to conduct the Social Impact

Assessment Study of the land acquisition from Vellorkunnam and Maradi

villages for the widening of M.C road in Muvattupuzha town. Hence Rajagiri

outREACH is responsible to conduct procedures for Social Impact Assessment

including Public Hearing.

8.3 Indicate capacities required and capacity building plan, including technical assistance if any

PWD Roads division, the Requiring Body of the project may provide necessary

information to the governing offices and shall finalize the resources and

capacities in consultation meetings.

8.4 Timelines for each activity

Timeline for each activity of the land acquisition will be as per the Kerala Right

to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Rules, 2015.

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Chapter 9

Social Impact Management Plan Budget and Financing of Mitigation Plan

9.1 Costs of all resettlement and rehabilitation costs

The financial Sanction for the widening of M.C. road in Muvattupuzha town

including the land acquisition has been accorded by Kerala Infrastructure

Investment Fund Board (KIIFB) for an amount of 37.495 Crores. In total

0.1208 hectares land has to be acquired for the project from 26 land owners.

No rehabilitation requires for the project. But resettlement procedures shall be

done for the affected shops and the properties attached with the land.

Compensation also should be provided for the affected livelihood.

Considering the all impacts of the land acquisition the Administrator appointed

for the project will prepare a draft Rehabilitation and Resettlement scheme.

9.2 Annual budget and plan of action

Not Applicable

9.3 Funding sources with break up

Not Applicable

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Chapter 10

Social Impact Management Plan Monitoring and Evaluation

10.1 Key monitoring and evaluative indicators

> Land price and compensation amount

> Resettlement procedures without affecting the livelihood of families

> Time frame of the procedures and disbursement of compensation

> Time bound clearance of construction waste from the site

10.2 Reporting mechanisms and monitoring roles

Reporting mechanisms and monitoring roles of the land acquisition for the

widening of M.C road in Muvattupuzha town will be as per the Rules stated in

the Kerala Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Rules 2015. The Special Tahsildar (LA)

N.H.No.1 is the Administrator of the proposed project and he is responsible for

the formulation, execution and monitoring of the Rehabilitation &

Resettlement Scheme. A draft of the Rehabilitation & Resettlement Scheme

prepared by the Administrator shall be finalized by the District Level

Rehabilitation and Resettlement Committee formed for the project and shall be

approved by the State Monitoring Committee.

10.3 Plan for independent evaluation

Not Applicable

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Chapter 11

Analysis of Costs and Benefits and Recommendation on Acquisition

11.1 Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs

The problem due to enormous traffic growth and traffic congestions along the

project route can be solved only by standardizing the project road. The traffic

demands of the area are high. Muvattupuzha, positioned towards the eastern

side of Ernakulam district, is located about 43 km from district capital of

Ernakulam. Muvattupuzha is bordered by Kottayam district on southern side

and Idukki district on eastern side. The proposed M.C widening would fit in the

rationale for public purpose as the project is likely to reduce travelling time,

traffic, and pollution and energy consumption; and ensures a safer

transportation through the region.

The proposed design itself will displace no families and 29 families in total are

to be affected directly.

The district authorities have estimated that 0.1208 hectares (Approximate) of

land comprising of private as well as public land would be required for the

project. As per the Government Order DCEKM/C5-2977/19 dated 20-06-2020

by District Collector, Ernakulam, 26 plots in Maradi and Vellorkunnam villages

of Muvattupuzha taluk is identified to be acquired.

The nature of impact varies from one to another. The project will not displace

any families. The SIA study reveals that Twenty nine (29) families will be

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 71

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directly affected as their land/building lay in the alignment for the project.

Besides, commercial activities will be affected causing adverse impact on the

livelihood of the people. Most of the affected persons have been doing

commercial activities in the region for a long time and the emotional attachment

to the region should also be considered appropriately during rehabilitation and

resettlement. Fair compensation and R & R Package based on RFCTLAR&R

Act, 2013 is expected to cover major risks through its mitigation measures.

Further, the affected persons in general are positive on the benefit of the

proposed road widening as it is expected to reduce traffic, improve connectivity

with other locations and is likely to result in appreciation of commercial value

for land and other assets.

11.2 The above analysis will use the equity principle as a framework of analysis for presenting a final recommendation on whether the acquisition should go through or not.

Based on the analysis and assessment of the positive and negative impacts of

the widening of M.C road at Maradi and vellorkunnam Villages in Ernakulam

District, SIA Team recommends the project to implement with minimal impact

with the affected families. The project is expected to improve quality of living

in the region especially on transportation and the same is empathised by the

affected persons despite the negative impact the project leaves. The following

are recommended to mitigate the impact.

• Compensation shall be provided to the land owners as per the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act 2013&KeralaRight to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Rules

2015.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 72

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• The Rehabilitation and Resettlement package shall be provided to the

affected families as per the Policies issued by Revenue (B) Department,

Government of Kerala vide G.O.(MS)No.485/2015/RD dated 23/09/2015

and vide G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the

rehabilitation and resettlement package for land acquisition in the state in

lieu of RFCTLAR&R Act 2013.

• Relaxation in the KMBR (Kerala Municipality Building Rule) for new

construction may be given to the project affected person (PAP) for the

remaining land for FAR (Floor Area Ratio) and building offset.

• To avoid negative impact on livelihood of the families, resettlement

procedures should be done before the evacuation of the project affected

shops.

• Reinstall common facilities such Roads and Walkways to residential/

other properties which are expected to affect due to the implementation of

the project.

• Measures to rebuild the affected portion of Govt. town U.P School,

Muvattupuzha.

• Ensure rebuild the grotto of Holy Maggie church.

• Ensure that the functioning of the shops which are not included or

partially included in the acquisition is not hindering during the project

construction period. Otherwise consider for compensation for the

affected livelihood during the construction period.

• Measures to be taken to unhindered the entrance to the houses/shops,

people’s mobility and vehicle movement during construction

• Take possible measures to recreate income source for the directly and

indirectly affected persons.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 73

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• Safety of the people while road widening and healthy disposal of

wastages which may arise out of construction should be ensured.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 74

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References

1. The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013

2. Kerala Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Rules 2015.

3. Kerala State Policy issued by Revenue (B) department G.O. (MS) No.

485/2015/RD dated 23.09.2015 for fair compensation and transparency.

4. Kerala State Policy for Rehabilitation and Resettlement Package for

acquisition of Land in the State in lieu of RFCTLAAR Act, 2013 G.O.

(Ms) No. 448/2017/RD dated 29/12/2017.

5. The project details received from KSTP Muvattupuzha.

Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 75

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LIST OF ANNEXURES

Annexure 1 : 4 (1) Gazette Notification

Annexure 2 : Socio Economic Survey Questionnaire

Annexure 3 (a) : Notification (Madyamam)

Annexure 3(b) : Notification (Veekshanam)

Annexure 4 : Notice issued to the affected families

Annexure 5 (a) : List of participants -affected families in the public

Hearing

Annexure 5 (b) : List of Officials participants in the public hearing .

Annexure 6 : Government of Kerala - Revenue Department- State

Policy for Compensation and Transparency in Land

Acquisition 2015.

Annexure 7 Policy for R&R package for acquisition of land

in the State 2017 issued by Revenue (B) Department

Annexure 8 : News paper article

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©^$^D $

Government of Kerala 2020

Regn.No. KERBIL/2012/45073 dated 05-09-2012 with RNI

Reg No.Kl/TV(N)/634/2018-20

(ScfbCDg C/)(T\)QKERALA GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

mD Jo 9Vol. IX

om^fl

Thiruvananthapuram,Friday

2020 1919th June 2020

1195 eflmrno 55th Mithunam 1195

1942 CSJ^Oo 2929th Jyaishta 1942

No. 1501

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Page 78: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

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Page 79: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

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Page 80: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

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Digitally signed by Salim A D a te 2 02 0 .0 6 .19 03:10:37 +05:30

Page 81: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

1

Socio Economic Survey for Social Impact Assessment Study Land Acquisition for the Development of Road from Post Office Junction to Petta as part of

Muvattupuzha Town Development

OWNER

SIA Ref NoInterviewer's NarmSurvey DateSupervisor NameData Entry Staff' NameData Entered DateData verified by, and Date

Name of the respondent

Name of the Owner___

Q.1 IdentificationPlace/ Location

Division No.Name of Municipality

ASSET DETAILS

Q. 2 Type of property a) Dry landNilamNikathuPurayidam

b) Wet land

Q.3 Type of use a) Open Land c) Residential e)Others Specify.

b) Agriculture d)Business

Q.4 Extent of acquisition: Fully Partially

SIA o f R o a d D evelop m en t from Po st O ffice Jun ctio n to Petta as part o f M uvattupuzha Tow n D evelop m en t(SIA Unit, R A JA G IR I outREA CH )

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2

Q.5 Whether you will be displaced: Yes

5a. If yes, mention the type of business.........

5.b. Monthly Income from the affected shop :

No

5c. Details of the employees in the affected shop working for more than 3 years:

Name of the employee Date of joining

Salary Whether the income is livelihood (Yes/No)

No. of dependants

Q.6. Possibility for distraction of business or any other during construction period : Yes No

6a If yes explain (fill the table 5b if business distraction)

Q.7 Address details

Address of the Affected Property (with Pincode) Communication Address (with Pincode)

Contact Number:

Q.8 Name of title holder/s of the property (specify the names of all the members

specified as per the title deed)Date of acquiring of the property (approx)

Details of transactions made on the property within the last three years

SIA o f R o a d D evelop m en t from Po st O ffice Jun ctio n to Petta as part o f M uvattupuzha Tow n D evelop m en t(SIA Unit, R A JA G IR I outREA CH )

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3

Q.9 Acquisition by a) Hereditary b) Purchase c) Encroached

Q.10 Property Detailsa) Survey No________ b) Total Area owned________ c) Area of acquisition.d) Additional land holdings of the owner___________

Q.11 Religious Group: Muslim Christian OtherSpecify

Q.12 Social Group: ST OBC GeneralOthers Specify.

Q.13 Ration Card Yes No

Q.14 Type of Ration Card PINK BLUE WHITE | | yellow NA

Q.15 Family Pattern Joint Nuclear Individual

SIA o f R o a d D evelop m en t from Po st O ffice Jun ctio n to Petta as part o f M uvattupuzha Tow n D evelop m en t(SIA Unit, R A JA G IR I outREA CH )

Page 84: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

4

Q.16 FAMILY MEMBERS - DETAILS

Sl.NoN am e

Rel

atio

nshi

p w

ith

the

Hea

d of

the

fam

ily

A ge Sex M aritalS tatus

Education

JobMonthly

IncomeMajor

diseases

Com

plet

ed

Cont

inui

ng

SIA o f R o a d D evelop m en t from Po st O ffice Jun ctio n to Petta as part o f M uvattupuzha Tow n D evelop m en t(SIA Unit, R A JA G IR I outREA CH )

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5

Q.17 Family Monthly Income_

Q.18 No of adult earning members,

Q.19 Major Source of Income ___

Q.18 Family Monthly Expenditure,

Q.20 No of dependents________

Q.20 Whether Major Source of Income of Family Affected Yes

20.a. Income loss due to acquisition even it was not major source: Yes

20.b. If yes, explain............................

Q.21 Whether Agriculture is Affected Yes No

No

No

Q.22 If Yes, Mention loss

S l No Affected Crop/Trees Agriculture area affectedNumber of trees/

crops affected

Q.23. Whether any structure affected Yes No

If yes category: House Shop

compound wall

Others (Specify).Gate Toilet

Type of the structure (Specify)

Q.24. If any infrastructure like drinking water, electricity etc. affected (Specify)

SIA o f R o a d D evelop m en t from Po st O ffice Jun ctio n to Petta as part o f M uvattupuzha Tow n D evelop m en t(SIA Unit, R A JA G IR I outREA CH )

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6

Q.25. Any outside users in your property like tenant, renter etc. Yes No

25.a. If yes , fill the table below (use additional sheet, if requires)

Name of the outside user

Type of use Address & Contact No. Since when using

Q.26.Are you aware of the proposed Land Acquisition for the road development from Post Office junction to Petta : Yes ____No

Q.27 If yes, source of information

Rajagiri Team

Q.28 Opinion about the project

Newspaper

TV/ Media

All of the above

Internet/social media

Community members

Others | Specify_

Q.29 Views regarding acquisition of land.

Q.30 Additional Information, If any_

SIA o f R o a d D evelop m en t from Po st O ffice Jun ctio n to Petta as part o f M uvattupuzha Tow n D evelop m en t(SIA Unit, R A JA G IR I outREA CH )

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Page 90: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

Public Hearing - Social Impact AssessmentLand Acquisition for MC Road Widening Muvattupuzha

Venue: Conference Hall, Taluk Office, Muvattupuzha

Date & Time: 20-08-2020(Thursday)at 10.30 AM

Participants List

SI.No Name & Address Contact Number Signature

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Page 91: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

Public Hearing - Social Impact AssessmentLand Acquisition for MC Road Widening Muvattupuzha

Venue: Conference Hall, Taluk Office, Muvattupuzha

Date & Time: 20-08-2020(Thursday)at 10.30 AM

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Page 92: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

Public Hearing - Social Impact AssessmentLand Acquisition for MC Road Widening Muvattupuzha

Venue: Conference Hall, Taluk Office, Muvattupuzha

Date & Time: 20-08-2020(Thursday)at 10.30 AM

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Page 93: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

Public Hearing - Social Impact AssessmentLand Acquisition for MC Road Widening Muvattupuzha

Venue: Conference Hall, Taluk Office, MuvattupuzhaDate & Time: 20-08-2020(Thursday) at 10.30 AM

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Page 94: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

Public Hearing - Social Impact AssessmentLand Acquisition for MC Road Widening Muvattupuzha

Venue: Conference Hall, Taluk Office, MuvattupuzhaDate & Time: 20-08-2020(Thursday) at 10.30 AM

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Page 95: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

Public Hearing - Social Impact AssessmentLand Acquisition for MC Road Widening Muvattupuzha

Venue: Conference Hall, Taluk Office, MuvattupuzhaDate & Time: 20-08-2020(Thursday) at 10.30 AM

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Page 96: SOCIAL IMAPCT ASSESSMENT STUDY - Rajagiri OutReach

13 3 3 ! / ° / l j

GOVERNMENT OF KERALA Abstract

Revenue D epartm ent - State policy for Compensation and Transparency in Land Acquisition - Approved - Orders issued.

REVENUE (B) DEPARTMENTG.O.(Ms) N o.485/2015/R D . Dated, Thiruvananthapuram , 2 3 /09 /2015 .

Read ■ G.O.(P) No.4 7 0 /2 0 15/RD dated 19 /09 /2015 .

O R D E R

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlem ent Act, 2013 has been enacted with the objective of ensuring ju s t and fair com pensation and rehabilitation for the affected families due to compulsory acquisition of land for public purpose. This Act came into force w.e.f. 01 /0 1 /2 0 1 4 . The State Government as per G.O. read above has approved Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015.

2. Section 108 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for framing a state law/policy which provides higher compensation than th a t calculated under this Act for the acquisition of land so tha t the affected person or his family or member of his family can opt to avail such a higher compensation under such state policy .

3. Therefore, in order to speed up and simplify the procedures of land acquisition for public purpose, Government are now pleased to approve a state policy for compensation in land acquisition as appended to this order. The im portant objective of this policy is to conduct negotiations with the land owners and reach consensus on compensation and rehabilitation by the District Level Fair com pensation, rehabilitation and resettlem ent committee (DLFC) and approval of the same by the State Level Empowered Committee (SLEC).

(By Order of the Governor)

Dr. Vishwas Mehta Principal Secretary to Government

ToThe Commissioner, Land Revenue, Thiruvananthapuram All D istrict CollectorsThe Public Works /W ater R esources/Industries/Pow er/T ransport/

Local Self Government/IT Departm ents The A ccountant General (Audit/A&E) Kerala, T hiruvananthapuram The Finance D epartm ent General Adm inistration (SC) Department Tmormation 8s Public Relations (W&NM) Departm ent Stock File/Office Copy.

Forwarded/By Order

%Section Officer.

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- 2 -

Appendix

Policy o f the State o f Kerala for com pensation in land acquisition

Introduction

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlem ent Act, 2013 has been enacted with the objective of ensuring adequate com pensation and Rehabilitation 85 Resettlem ent to Land owners whose land are compulsorily acquired by the State for bonafide public purposes. Section 108 of the Act empowers the Government to frame law or policy which provides a higher com pensation than calculated under this Act for the acquisition of land and thereby enabling the land ouster to exercise option either to avail such higher com pensation for Rehabilitation and Resettlem ent under such policy of the State or to go by the provisions of the Act. Kerala is a State with high population density and whenever Government resorts to acquisition of land for public purpose, families get displaced from their ancestral properties and lose lands which are often their sole livelihood. In order to ensure th a t im m ediate relief by providing enhanced com pensation and Rehabilitation & Resettlement package to such affected families, Government of Kerala felt the need for framing an adequate policy on the subject.

Objectives

Government aims to ensure the following relief to the land losers through thispolicy.

1. The land loosers are provided with ju s t and reasonable com pensation for land acquired, relieving them from the burden of approaching judicial forums for enhancem ent of compensation.

2. Rehabilitation 8s Resettlement policy as provided in the Act along with additional packages including em ploym ent/stake holdings in eligible cases according to the na tu re of the project.

3. D isbursem ent of com pensation before taking possession of land and ensuring Rehabilitation and Resettlem ent packages including infrastructural amenities as provided in the third schedule of the Act within 18 m onths of the date of publication of DD.

4. Transparency in procedures and less negative im pact ensuring the land losers th a t their socio-economic sta tus does not fall below w hat it was before the acquisition.

Frame work o f the policy

The general provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlem ent Act, 2013 shall apply to all land acquisitions. Social Impact Assessm ent (SIA) study shall be conducted in projects where it is m andatory and preliminary notification under Section 11 of the Act shall be published after approval of the project by the Expert Committee.

(1) The Government shall constitute a District Level Fair Compensation, Resettlem ent and Rehabilitation Committee in every District.

(2) The District Level Fair Compensation, Resettlem ent and Rehabilitation Committee shall have the following Members:

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-3-

i) District Collectorii) A dm inistrator for Resettlem ent and Rehabilitationiii) Land Acquisition Officeriv) Finance Officerv) Representative of the Requiring Body empowered to take financial

decisions on its behalf.vi) Representative of the Local Self Government Institution of the area where

the land is situated.

Provided tha t where the affected area covers more than one district, the District Level Fair Compensation, Resettlem ent and Rehabilitation Committee of the district, where major portion of the land to be acquired belongs to, shall function as District Level Fair Compensation, Resettlem ent and Rehabilitation Committee to take action in the matter.

(3) The District Collector will verily the title deeds, non-encum brance certificate, basic tax receipt, building tax receipt, possession certificate and other relevant records of each parcel of land to be acquired.

(4) The District Government Pleader or any other advocate specially authorized by the District Collector in this behalf will scrutinize the title deeds, and other docum ents relating to ownership and possession and give necessary recom m endation to the District Collector.

(5) The District Collector shall, within 7 days of the prelim inary notification under Section 11, send the SIA Report and other relevant docum ents to the District Level Fair Compensation, Resettlem ent and Rehabilitation Committee.

(6) The D istrict Level Fair Compensation, Resettlem ent and Rehabilitation Committee shall fix the param eters and shall define criteria for categorization of land as per the local needs to fix land value and the sam e may be approved by the Committee. The Committee should take u tm ost care in determining the criteria for categorization. There should not be any ambiguity regarding classification. The authority to change the categorization once approved by the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall res t only with the SLEC.

(7) After categorization of lands, land value shall be arrived at as per the provisions of the Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlem ent Act, 2013 and keeping th is as the basis land value and taking into consideration the existing m arket value of the land make negotiation with the land owners and reach consensus with them on the final land value

(8) The Committee will finalise the estimate of a fair and reasonable price of land and com pensation along with the Rehabilitation and Resettlem ent package to be given to the affected person/fam ily. The Committee shall ensure th a t eligible affected family is given Rehabilitation & Resettlement an envisaged in the second and third schedule of the Act.

(9) The District Level Fair Compensation, Resettlem ent and Rehabilitation Committee shall send the estim ate arrived as above, in Annexures I & II to the State Level Empowered Committee for approval.

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The G overnm ent shall constitute a State Level Empowered Committee which shall have the following members:

(i) Chief Secretary(ii) Revenue Secretary(iii) Secretary of the Administrative D epartm ent(iv) Law Secretary(v) Finance Secretary

The S tate Level Empowered Committee shall approve the estim ate or return it for reconsideration by the District Level Purchase Committee with suggestions/observations tha t it th inks fit.

The D istrict Level Fair Compensation, Resettlem ent and Rehabilitation Committee shall, within 15 days of the receipt of such approval with or without changes, send individual notices to the affected families and affected persons apprising them of the provisions of the law or policy and giving them a date to appear before it on a specified date for the purpose of considering settlem ent of com pensation and resettlem ent and rehabilitation claims on the basis of the policy.

On the date fixed as above, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall explain the policy to the affected family or affected person and give them an estimate of the com pensation and resettlem ent and rehabilitation package worked out under the policy.

Provided th a t the date so fixed may be adjourned for another date for reasons to be recorded, Provided further th a t the proceedings shall not be adjourned for more than a period of 30 days in all from the first date.

At the proceedings, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall present the estim ated compensation and resettlem ent and rehabilitation package to the affected family or affected person and explain the term s and conditions of the same,

Provided th a t the District Level Fair Compensation, Resettlement and Rehabilitation Committee may change the com pensation and relief and resettlem ent package for the benefit of the affected family or affected persons to the extent of 10% in order to arrive a t a m utually acceptable d settlement. If District Level Fair Compensation, Resettlem ent and Rehabilitation Committee feels th a t a higher paym ent exceeding 10% is absolutely necessary, then the proceedings m ay be recorded and sent to SLEC for approval.

The affected family or affected persons shall thereupon subm it their consent to having their claims settled according to such law or policy of the State instead of settling the sam e under the Act

Provided tha t the affected families or affected persons who earlier rejected the negotiated settlem ent may, by a w ritten application to the Collector, shall choose the option of the State policy a t any time before passing the final award u n d er Sections 30 and / or 31.

Upon receiving the consent of the affected person or affected family, the District Level Fair Compensation, Resettlement and Rehabilitation Committee shall subm it the consent along with m inutes of its proceedings to the Collector for finalizing the conveyance of land in term s of the consent.

- 4 -

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(17) The Collector, upon receiving the consent, shall cause a Sale Deed in terms of the settlem ent arrived at in the proceedings before the District Level Fair Compensation, Resettlem ent and Rehabilitation Committee to be executed and registered between him self and the affected family or affected person.

(18) The Collector shall ensure tha t the draft declaration under Section 19of the Act has been published before proceeding with the execution of the sale deed.

(19) The designated officer of the concerned project authority will take steps to effect necessary changes in the classification of land through the Taluk Tahsildar on the basis of the copy of the registered deed obtained from the Office of the Sub Registrar.

(20) The Compensation or package received by the affected family or affected person shall no t be subject to income tax or any other levy.

(21) The com pensation and package agreed upon shall be paid into the bank account the details of which shall be subm itted by the affected family or affected person along with the consent.

(22) On completion of the conveyance the Collector shall take possession of the land immediately, provided tha t the Collector may, on a written application by the affected family or affected person, accord sanction for extension of talcing of possession of the land by a period not exceeding 30 days.

(23) No conveyance made under these rules shall be called in question in any court of law on any ground except th a t the same was executed by a person other than the one who was com petent to do so.

-5-

Append.ix.-I

Check List for D istrict Level Purchase Com m ittee1. W hether the title of the land is clear :

2. W hether any Government land is involved :

3. Criteria for categorization :

4. Criteria for fixing land value :

5. Decision of the DLPC

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- 6 -

Appendix-IIFORMAT FOR SUBMITTING PROPOSALS FOR SLEC

I.

C a te g o ry

T o ta lE x t e n t

o fl a n d

inA r e s

N o . o f t i t l e

h o l d e r s

N o .o f t i t l e

h o l d e r s w h o h a v e g iv e n

c o n s e n t

L a n dv a lu e

a sp e r

B V Rin

A re s

L a n d V a lu e 1 0 0 % +

s o l a t i u m + 1 2 %

a d d i t i o n a l l a n d

v a lu e

L a n d v a l u e

d e c id e d b y t h e D L P C

(p e r A re)

% o f i n c r e a s e

E x is t i n gfaii-

v a lu e

A

B

C

D

Total

I I B u d g e t p r o v i s io n u n d e r H /A 5 0 5 4 - 8 0 - 8 0 0 - 6 5 LA fo r G o v e r n m e n t p u r p o s e s

I I I A m o u n t a l r e a d y r e l e a s e d

IV B a la n c e a v a i l a b l e

V A p p ro x , a m o u n t p r o p o s e d to b e r e l e a s e d fo r c o m p e n s a t i o n in t h e p r e s e n t c a s e

V I A m o u n t r e c o m m e n d e d fo r r e l e a s e

V II W h e th e r p e r c e n t a g e o f i n c r e a s e i s j u s t i f i e d

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File No.REV-B1/264/2017-REV R s C.

GOVERNMENT OF KERALA Abstract

Revenue Department - Rehabilitation and Resettlement Package for acquisition of Land in the State in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 - Approved - Orders issued._____________________________________

REVENUE (B) DEPARTMENTG.O.(Ms)No. 448/2017/RD Dated,Thiruvananthapuram,29/12/2017_______Read: 1 G.O (Ms) No 419/11/RD dated 15.11.2011.

2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

3 Minutes of the meeting convened by ACS (Revenue) on 29.05.2017

ORDER

Land acquisition for public purpose in the State is done by invoking the provisions contained in the Right to Fair Compensation andTransparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. In view of the introduction of the Right to Fair Compensation andTransparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the necessity for a c lear and transparent policy for rehabilitation and resettlement was felt.

The meeting convened by Additional Chief Secretary (Revenue) on 29.05.2017 inviting Finance Secretary, Law Secretary, Secretary PWD, Transport Secretary, Commissioner, Land Revenue & District Collector, Thiruvananthapuram d iscussed the various issues related to the formulation of State Policy on Rehabilitation & Resettlement in lieu of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 .

The Committee observed that the State of Kerala is facing several problems with regard to Land Acquisition. Stiff resistance from all corners are being faced by the Land Acquisition Officers (LAO). The Committee viewed that organized resistance from petty traders, shop owners are faced during this entire process. Owing to the experience gained over a past couple of years, the Committee decided to slightly deviate from those

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File No.REV-B1/264/2017-REV

provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. On serious and deliberate d iscussions the Committee unanimously came to the conclusion for providing more assistance rather than included in the 2nd schedule of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Government have examined the matter in detail and are p leased to approve a comprehensive Rehabilitation and Resettlement Policy as appended to this order for land acquisition in the State slightly deviating from those provided under the 2nd schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and give more compensation to the affected parties considering the prevailing conditions existing in the State. This Rehabilitation and Resettlement Policy will be applicable to all land acquisition cases in the State, ie, by invoking the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, National Highways Act, 1956 and by Direct/Negotiated purchase. This Rehabilitation and Resettlement Policy will have effect from the date of this order where the land acquisition award has not been passed.

By order of the Governor P H KURIAN

ADDITIONAL CHIEF S E C R E T A R YTo:- The Commissioner of Land Revenue, Thiruvananthapuram.

All District Collectors.The Public Works/Water Resources/Industries/Power/Transport/Local Se lf Government/IT Departments.The Principal Accountant General (Audit), Kerala, Thiruvananthapuram.The Accountant General (A&E), Kerala, Thiruvananthapuram.The Finance Department (Vide UO No 514877/Exp-A1/267/201 dated20.07.2017)General Administartion (SC) Department (Vide Item No 1784 dated26.12.2017)Information and Public Relations Department Stock File / Office Copy

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File No.REV-B1/264/2017-REV

Copy To:-PS to Chief Minister P S to Minister (Revenue)A S to Chief Secretary PA to ACS (Rev & DM)CA to Principal Secretary (Finance)CA to Principal Secretary (PWD/Transport) CA to Additional Secretary (Revenue/LA)

Forwarded/By order

Val >wner

Digitally wgnec/ by £J£Jl\ V A R G H E S E / J \Date: 2017/12^T17:2f54 1ST Reason: ApnrJved I

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File No.REV-B1/264/2017-REV

A P P E N D I X

SI.No.

State Policy on Rehabilitation and Resettlement

1 Provision of housing units in case of displacement:

1. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 Sq mts in plinth area.

2. The benefits listed above shall also be extended to any affected family which is without homestead land and which has been residing in the area continuously for a period of not less than three years preceding the date of notification of the affected area and which has been involuntarily d isplaced from such area.

PROVIDED that any such family in urban /rural areas which opts not to take the house offered, shall get a one-time financial assistance for house construction, which shall not be less than Rs 300000( three lakhs rupees only) irrespective of their annual financial income.

2 Land for Land

In the case of irrigation project, affected family owing agricultural land in the affected area and whose land has been acquired or lost, or who has, as consequence of the acquisition or loss of land, been reduced to the status of a marginal farmer or landless, shall be allotted, in the name of each person included in the records of rights with regard to the affected family, a minimum of one acre of land in the command area of the project for which the land is acquired:

PROVIDED that in every project those persons losing land and belonging to the Scheduled Castes or Scheduled Tribes will be provided land equivalent to land acquired or two and a one half acres, whichever is lower.

3 Offer for developed Land:

In case the land is acquired for urbanization purposes, twenty percent of the developed land will be reserved and offered to

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File No.REV-B1/264/2017-REV

land owing project affected families, in proportion to the area of their land acquired and at a price equal to the cost of acquisition and the cost of development:

PROVIDED that in cases the land owing project affected family wishes to avail of this offer, an equivalent amount will be deducted from the land acquisition compensation package payable to it.

4 Choice of Annuity or Employment:

The appropriate Government shall ensure that the affected families are provided with the following options:

(a) . Where jobs are created through the project, after providing suitable training and skill development in the required field, make provision for employment at a rate not lower than the minimum wages provided for in any other law for the time being in force, to at least one member per affected family in the project or arrange for a job in such other project as may be required; or

(b) One time payment of five lakhs rupees per affected family; or

(c) Annuity policies that shall pay not less than three thousand rupees per month per family for twenty years, with appropriate indexation to the Consumer Price Index for agricultural Labourers.

5 Subsistence grant for displaced families for a period of one year

Each affected family which is d isp laced from the land acquired shall be given a monthly subsistence allowance equivalent to five thousand rupees per month for a period of one year from the date of award.

In addition to this amount, the Scheduled Castes and the Scheduled Tribes d isp laced from Scheduled Areas shall be relocated in a sim ilar ecolog ical zone, so as to preserve the economic opportunities, language, culture and community life of the tribal communities.

6 Transportation cost for displaced families:

Each affected family which is placed shall get a one-time financial assistance of fifty thousand rupees as transportation cost for shifting of the family, building, materials, belongings and cattle.

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File No. REV-B1/264/2017-REV

7 Cattle Shed/Petty Shops cost:

Each affected family having cattle or having a petty shop shall get one-time financial assistance subject to a minimum of twenty five thousand rupees and maximum of Rs. 50,000/- ( Fifty thousand rupees) for construction of cattle shed or petty shop as the case may be.

8 One time grant to artisan, small traders and certain others:

Each affected family of an artisan, small trader or se lf employed person or an affected family which owned non agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily d isp laced from the affected area due to land acquisition, shall get one-time financial assistance of fifty thousand rupees.

9 Fishing Rights:

In cases of irrigation or hydel projects, the affected families may be allowed fishing rights in the reservoirs.

10 One time Resettlement Allowance:

Each affected family shall be given a one-time “Resettlement A llowance” of fifty thousand rupees only.

11 Commercial Tenants

One time assistance of Rs. 2,00,000/- ( Rupees Two lakhs only) to meet all shifting charges and social costs. Provided, such assistance would not be provided to companies, banks, financial institutions & large shops having a carpet area of more than 2000 sq.ft.

12 Employees working in commercial establishments

Rs.6,000/-(Rupees Six thousand only) p.m for 6 months for loss of livelihood for the employees working in the said commercial establishment for 3 years prior to acquisition.

13 Residential family Tenants

They will provided a one time shifting allowance of Rs.30,000/-.( Rupees thirty thousand only)

14 Encroachers who live or run their business on puramboke

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File No.REV-B1/264/2017-REV

land fo ra minimum period of 3 years preceding the date of 4(1) notification of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or date of Preliminary Notification of the concerned Act as the case may be:

1. Rs. 5,000/- p.m ( Rupees Five thousand only) for 6 months.

2. Value of Structure/improvements on land valued as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.

15 P lace of worship.

In addition to land and structural value, shifting charge of actual expenditure subject to a maximum of Rs. 1,00,000/- ( Rupees One lakh only) wherever necessary.

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