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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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
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 2
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
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 4
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 5
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
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
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
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
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 20
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
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
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 23
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 26
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 27
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 28
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 29
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 30
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 31
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 32
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
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
Photos of public hearing held on 20/08/2020
MaiMHaiUP-aon
«
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 35
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
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
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
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
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UUU JUIIau6nJ crafari ▼ VEducation O ffice
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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.
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 40
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 41
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 42
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
Year of Ownership
5
Figure 4.8.1 Year of ownership
Figure 4.8.2 - Forms of Ownership
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 44
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 45
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 46
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 47
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 48
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 49
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 50
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 51
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 52
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 53
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 54
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 55
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 56
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 57
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 58
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 59
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 60
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 61
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 62
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 63
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 64
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 65
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 66
• 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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 67
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.
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 68
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 69
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
Land Acquisition for M.C. Road widening in Muvattupuzha, Ernakulam District 70
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
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
• 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
• 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
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
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
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This is a digitally signed Gazette.Authenticity may be verified through https://compose.kerala.gov.in/
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 )
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 )
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 )
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
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Cont
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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 )
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 )
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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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.
- 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:
-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.
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 -
(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.
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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
- 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
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._____________________________________
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
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
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
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
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.
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
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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