GOVERNMENT OF TAMIL NADU
HIGHWAYS DEPARTMENT
 


Tamil Nadu Road Sector Project



Consultancy Services for the Preparation of
Environmental Assessment, Environmental
Management Plan, and Resettlement Action Plan
for Kumbakonam Bypass Extension
 


Revised Resettlement Action Plan Report
(RAP)

April, 2009
 

 

 

CONSULTING ENGINEERING SERVICES INDIA PVT.LTD,

No 49, SOUTH BEACH AVENUE, MRC NAGAR, CHENNAI-28

 

  
 

contents
 

    
  GLOSSARY OF R&R TERMS 4
 		 4  
  EXECUTIVE SUMMARY 8
 		 8  
  1.0: INTRODUCTION 10
 		 10  
  2.0: LAND ACQUISITION AND RESETTLEMENT IMPACTS 15
 		 15  
  3.0: BASELINE SOCIO-ECONOMIC CHARACTERISTICS 17
 		 17  
  4.0: IMPLEMENTATION ACTIVITIES 19
 		 19  
 

T A B L E S

 

    
  Table 1.1:   Details of PAH s villagewise

Table 1.2:   Details of Land to be acquired

Table 1.3:   Evaluation of Alternative Alignment Options

Table 2.1:   Type of Land Involved

Table 4.1:   Implementation Schedule for RAP

Table 4.2:   Monitory Indicators for Physical Progress

Table 4.3:   Monitory Indicators for Financial Progress

Table 4.4:   Indicators for Impact evaluation

Table 4.5:   Summary of R&R Budget
 		 11

12

13

15

19

21

22

24

27
 		    
       
 

ANNEXURES

 

    
 

Annexure 1 : Minutes of Public Consultation Meeting
Annexure 2 : Tamil Nadu HW Act, 2001 (Extracts)
Annexure 3 : Various stages for the determination of compensation and relevant GOs
Annexure 4 : Detailed Entitlement Matrix
Annexure 5 : GO (Ms) 264, dated 13.12.2006 (Amendment to L P G and House
Construction Grant)
Annexure 6 : Implémentation arrangements
Annexure 7 : Guidelines Values
Annexure 8 : Abstract: Details of PAHs, collected, migrated, (etc)
Annexure 9 : Income levels
Annexure 10 : Occupation Pattern
Annexure 11 : Religion
Annexure 12 : Literacy
Annexure 13 : Age group classification
Annexure 14 : Vulnerable Population
Annexure 15 : Profile of PAHs
Annexure 16 : Photos showing the affected PAPs
 

    
 

GLOSSARY OF R&R TERMS

Assistance

All support mechanisms such as monetary help, services or assets given to PAPs (Project Affected Persons) or PAGs (Project Affected Groups) constitute assistance in this project.

Compensation

 Compensation refers to restitution made to the property under the private negotiation process or under TNHW Act, 2001.  In this context, it refers to payment made by the Government exercising ‘Eminent Domain’.

Corridor of Impact (CoI)

The Corridor of Impact (CoI) is the width required for the actual construction of the (bypass) road including the carriageway, shoulder, embankment, longitudinal drainage, wayside amenities like bus stops, bus shelters, etc. and necessary safety zones.  In this project, the CoI is proposed for a minimum width of 18 m and maximum width of 27 m.

Cut-off Dates

Cut-off date is established to identify and enumerate the Entitled Persons.  The last date of census survey will be the cut-off date for non-titleholders occupying the RoW.  For legal owners, the cut-off date will be the date of notification declaring the intention to acquire the property.  For those legal owners who are not agreeable to compensation through negotiations, the date of serving the notice u/s 15(2) of Tamil Nadu High Way Act, 2001 will be established as the cut-off date.

Encroacher

Any person, illegally occupying public property by extending their land boundary or a portion of their building into the CoI, is an encroacher.

Squatter

Any person, occupying structures entirely within the CoI (with no legal rights to occupy that parcel of Government land) for residential and/or business purposes, is a squatter.

Tenant

Any person by whom or on whose account rent is payable for any property.

Entitled Person (EP)

Entitled Person includes all PAPs who qualify for and entitled to compensation / assistance since being impacted by the project.  The basis for identification of Entitled Persons (EP) in the project will be the cut-off date.

Pucca Buildings

 Buildings of a permanent construction type with reinforced concrete or Madras terrace roofs.

Semi-Pucca Building

 Buildings of a semi-permanent type with tiled roof and walls not of concrete or permanent brickwork

Kutcha Building

Kutcha building means a temporary type of structure, which includes building with roofs constructed of thatch, galvanized iron or asbestos.

Major Impact

The PAHs suffering the following impacts are categorized as Major Impact:

·           Loss of place of dwelling,

·           Loss of place of business,

·           Loss of livelihood,

·           Loss of 25% or more of agriculturally productive land out of the affected land holding

·           Loss of land due to severance or acquisition and the remaining land is not

       economically  Viable

Minor Impact

A PAH suffering minor impact is one who is affected to a lesser degree than the major impacts defined above.  Compensation for minor impacts will be limited to one-time payment of cash or giving advance notice.

Minimum Wages

The wage of a person for his/her services/labour to be paid, during the implementation time, at the rate as recommended by the PWD Schedule of Rates.

Non-Perennial Crop

Any plant species, either grown naturally or through cultivation that lives for a season and perishes with harvesting of its yields have been considered as a non-perennial crop in the project.  For example, paddy, sugarcane, groundnut, etc.

Perennial Crop

Any plant species that live for years and yields its products after a certain age of maturity is a perennial crop. Generally trees, either grown naturally or by horticultural and yield fruits or timber have been considered as perennial crop in the project.  For example, tamarind, coconut, mango, teak, neem etc. are perennial crops.

Persons Losing their Livelihood

Persons losing their livelihood are individual members of the PAH, who are at least 18 years of age and are impacted by loss of primary occupation or source of income.

Private Property Owners

Private property owners are persons who have legal title to land, structures or other assets.  These property owners are entitled to compensation.

Project Affected Group (PAG)

Any group or community affected by the project is a Project Affected Group (PAG).

Project Affected Household (PAH)

Any house living, cultivating land or carrying on business, trade or any other occupation within the Corridor of Impact (CoI) who are impacted by the project are a Project Affected Households.  All the members of PAHs in the project will be treated as PAPs.

Project Affected Person (PAP)

Any individual (part of the PAHs) living, cultivating land or carrying on business, trade or any other occupation within the Corridor of Impact (CoI) who are impacted by the project is a Project Affected Person (PAP).

Replacement Cost

The amount required for an affected person to replace the lost asset through purchase in the open market.

Residual Land

Residual land can be defined as the remaining portion of land left with the owner of the holding, after acquisition of land for the project

Severance of Land

Severance of Land can be defined of a land holding, divided into two and more separate pieces due to acquisition of land, mainly for laying new project alignment, such as a bypass or a re-alignment.

Women Headed Household

A household that is headed by a woman and does not have a male earning member is a Woman Headed Household.  This woman may be a widowed, separated or deserted person.

Vulnerable Group (VG)

Vulnerable Group includes but is not limited to the following categories:

·                          PAHs falling under ‘Below Poverty Line’ category as identified by the State 

               Government and earning up to 25% above the official level1

·                          Landless people.

·                          Persons who belong to Schedules Castes (SC) and Scheduled Tribes (ST)

·                          Women headed households

·                          Children and elderly people2, including orphans and destitute, and

·                          Physically and mentally challenged / disabled people.


The cut-off income levels for extending benefits under the Poverty Alleviation Program during the 9th Plan period for Tamil Nadu are nominated as Rs.269.07 and Rs.381.01 per capita per month for rural and urban area respectively.  Thus, in TNRSP for an average family of 5 considering 25% increase in the state BPL level, the accepted annual income levels for BPL people in rural and urban areas come around Rs.20, 180/ and 28,576/ respectively. At present, the income level for BPL people in rural area, is Rs.25, 225/- pa or Rs.2, 102/- pm and for urban area, Rs.32, 700/- pa or Rs.2, 727/- pm.

1.      PAPs up to 14 years have been considered as children, while those over 60 years of age have been considered as elderly people in the project.

 

    
 

EXECUTIVE SUMMARY
 

  
 

The Government of Tamil Nadu (GoTN) has undertaken the Tamil Nadu Road Sector Project (TNRSP) for implementing this project with World Bank (WB) loan assistance. M/s Consulting Engineering Services (I) Pvt Ltd has been appointed for assisting the PIU (Project Implementing Unit) in the preparation of RAP for this project. This RAP has been prepared for Kumbakonam Bypass Extension only, based on the outputs of feasibility studies for the formation of a road length of 4.080 Km.  The Resettlement Action Plan (RAP) for Kumbakonam Bypass Extension under Tamil Nadu Road Sector Project (TNRSP) contains the magnitude of Land Acquisition and mitigation of impacts. This report also includes the baseline socio-economic characteristics of the Project Affected households (PAHs), R&R policy provisions, entitlements, outcomes of the consultations held with the communities, implementation and monitoring mechanisms, budget and implementation of the R&R provisions.

Minimum acquisition of land and minimum disturbance to the existing features are the prime objectives of the design.  Socially sensitive stretches have been avoided by means of detailed study of different alternative alignments.  Minimization of impacts within the limitations of technical requirements and cost effectiveness were emphasized. 

To address the resettlement issues in the project, the GoTN has adopted a Resettlement and Rehabilitation Policy for the project (vide GO.Ms.No.193 dated 10.08.1998).  The RAP has been prepared as per the provisions laid down in this policy. The entitlements and options for each impact category have been provided in the detailed entitlement matrix.  This matrix has been formed the basis for formulation of entitlement options and enabled the working out of the R&R budget for the project.

Due to the project, totally 199 households are getting affected by losing land or structures, land and structures. Out of them 184 PAHs are losing land only,  5 PAHs are losing structure only, 10 PAHs are losing land and structure.  On the title holders who lose their structures, resettlement sites for 11 Nos of PAHs are required as they have opted for alternative houses. These PAHs will be allotted each a house in the resettlement sites with necessary infrastructure facilities. During the Public Consultation meeting, they have been apprised of the option of the alternative houses, as per the Entitlement Matrix.

Total land requirement in the project is 11.1747 Ha. Out of which 7.0905 Ha from private landowners, 0.3233 Ha of Trust land, 1.9016 Ha of Temple land and 1.8593 Ha of Government land will be acquired.

Only the lands of Temples and Trusts are affected and no temples are affected. The temple and trust authorities are eligible for compensation only.

The proposed project has no impact on Tribal population and there is no loss of community resources, also. The proposed alignment was finalized based on the concerns and responses of likely PAPs, individual consultations with the PAPs during the census surveys, public meeting held with the local communities involving PAPs and Government agencies to minimize the adverse impacts.

There was over- whelming response from the public who welcomed the proposal to construct the bypass and 100% of the people are in favor of the bypass.

 The socio-economic conditions of the PAHs are furnished as follows.

v     Income Level

The income of the various groups reveal that 15% of the PAHs fall in the group of below poverty line, 32% between Rs.2103/- to Rs.3000/- p.m., 19% between Rs.3001/- to Rs.5000 p.m, 32% between Rs.5001/- to Rs.15000 p.m and 2% above Rs.15001 p.m.

v     Occupation Profile of PAHs & Family members

The occupation profile of the PAHs & Family members reveals that Agriculture is the predominant activity with 11% highest among the PAHs engaged in Cultivation and the remaining are involved as Agriculture labors (4%), Casual labors (2%), Private sector salaried (4%), Government sector salaried (4%), Business (4%), Unemployed (11%) and Not in Work force (60%).

v        Religion

By religion, majority of the PAHs are Hindus (97%) followed by the Muslims (2%) and Christians (1%).

v        Literacy of PAHs & Family members

66% of the PAPs are Literates and 29% are Illiterates and the others are children (5%).  Out of the total PAHs & Family members, 7% belong to Primary education, 10% has carried out their Middle school education, 20% has completed High school education, 12% has completed Higher Secondary education, the remaining 18% have carried out College education.

v        Age-group Classification of PAHs & Family members

As per socio economic survey carried out, the elderly population (i.e.) 60 & more than 60 years accounts for 12% and the remaining 88%, fall within the age group of 60 and below.

v        Vulnerable populations

 In total there are 28% are vulnerable and 72% are non vulnerable. It is observed that there are 19% are Schedule caste, 6 % are PAHs below Poverty line, 2 % of the PAHs are of elderly population and 1% is Woman- headed. Since all the PAHs are Title- Holders, they are eligible for compensation only or alternative houses in case of loss of structures.

 

A Social Development Unit (SDU) has been set up within the PIU to tackle land acquisition.  An officer of the rank of Joint Project Director (JPD) has been entrusted the responsibility to oversee and co-ordinate the implementation activities related to Land Acquisition. Elaborate mechanisms are proposed to assist the JPD, both at the head quarters as well as at the field level to ensure effective implementation of the project. The State and District Level Committees have been constituted to redress the grievances of the PAPs. 
 

v        R & R Costs and Budget: The budget for the implementation of the project and other associated costs has been estimated as INR 27.00 million.

 

  

1. 0          INTRODUCTION
 
 

1.1       The Resettlement Action Plan (RAP) for the Tamil Nadu Road Sector Project (TNRSP) contains the magnitude of Land Acquisition and the mitigation of impacts. This report also includes the baseline socio-economic characteristics of the Project Affected House holds (PAHs), R&R policy provisions and entitlements, outcomes of the consultations held with the communities and the budget for the implementing the project.

1.2       The Kumbakonam bypass extension likely to be implemented in the second phase of the project, under the contract package TNRSP-05. The length of the corridor for this package is 4.080 Km.  The road will be formed with a total road width of 12.0 m, as Two Lane Gravel Shoulders (2 LGS). The riding surface will be of 2 Lanes, with a width of 7.0 m (2x3.5). The road will have Gravel shoulders on both sides and the total width of the shoulders alone will be of 5.0 m (2x2.5)

1.3       The social impact assessment and resettlement planning carried out as part of the project preparation which involves the following five main elements:

·                    Screening and social impact assessment as a part of project feasibility study;

·                    Preparation of Resettlement and Rehabilitation Entitlements and policy  framework;

·                    Census of the potentially affected population;

·                    Public consultation; and,

·                    Preparation of Resettlement Action Plan (RAP).

 

1.4       The objective of the RAP is to improve the overall living standards of the persons affected due to the project.  This will be achieved by adopting the following measures.

·                    Minimisation of land acquisition and resettlement impacts, reduction of the CoI             and adopting constricted cross-sections;

·                    To provide compensation to PAPs for the loss of assets under private negotiation process or under Tamil Nadu High Way Act. 2001.

·                    To present an action plan for the disbursement of compensation and assistance prior to commencement of civil works.

 

1.5        The total land requirement for Kumbakonam Bypass Extension to be constructed for TNRSP is 11.1747 hectares, according to the approved alignment.  The exact magnitude of social impacts and land acquisition will be worked out through a Resettlement Action Plan (RAP).  Based on the approved alignment, broad R&R budget estimate has been provided in the overall R&R budget.

1.6       The loss of assets involves impacts on Agriculture land and structures as Major& Minor impacts. The following Table reveals the details of impacts such as loss of land only, loss of land & Structure.

1.7       The area of the land required for the project is totally 11.1747 hectares. The break-up details are furnished as follows.
 

  
     
 

Table 1.1 Details of PAHs (Village-wise)
 

  

ABSTRACT: PAHs, TRUSTS AND TEMPLES
S.No.  Name of the Village No. of PAHs who lose land only No. of PAHs who lose structure only No. of PAHs who lose land & Structure Total  No. of PAHs Major PAHs Minor PAHs No. of Trusts No. of Temples Total No. of Land and Structure Owners Affected
1 Ullur 11 0 0 11 1 10 1 0 12
2 Thepperumanallur 73 0 3 76 7 69 0 1 77
3 Palavattankattalai 14 1 0 15 3 12 1 1 17
4 Srinivasanallur 41 1 2 44 4 40 1 1 46
5 Krishnapuram 0 0 0 0 0 0 0 1 1
6 Sivapuram 4 0 0 4 2 2 1 1 6
7 Malayappanallur 36 1 3 40 14 26 1 1 42
8 Karuppur 5 2 2 9 9 0 0 0 9

TOTAL

 184 5 10 199 40 159 5 6 210
     

 

1.                  Area of Private land                = 7.0905 Ha

2.                  Area of Trust  land                  =  0.3233 Ha

3.                  Area of Temple land                =  1.9016Ha

4.                  Area of Govt. land                   =   1.8593 Ha

Total area of the land required        = 11.1747 Ha

 The Break-up details of land to be acquired from private landowners, Temples & Trusts, village-wise are furnished in the following Table.

TABLE1.2: Details of Land to be acquired (Village-Wise)

 

ABSTRACT: LAND DETAILS

S.No		 Name of the Village Type of Land Major / Minor Nature of Land Total Government land Grand Total
Private land Trust land Temple land Major Minor Irrigated Un irrigated Residential
1 Ullur 0.0678 0.0000 0.0000 0.0450 0.0228 0.0450 0.0000 0.0228 0.0678  0.3265 0.3943
2 Thepperumanallur 1.9240 0.0000 0.1450 0.8745 1.1945 0.2745  0.6000  1.1945 2.0690 0.3390 2.4080
3 Palavattankattalai 1.5660 0.0500 0.4200 0.7450 1.2910 0.8460 0.5450 0.6450 2.0360 0.1354 2.1714
4 Srinivasanallur 1.7908 0.0000 0.4419 0.8789 1.3538 0.2509 0.6280 1.3538 2.2327 0.4418 2.6745
5 Krishnapuram 0.0000 0.0000 0.5939 0.5789 0.0150 0.0000 0.5939 0.0000 0.5939   0.1895  0.7834
6 Sivapuram 0.1931 0.0150 0.2750 0.3756 0.1075 0.1350 0.3481 0.0000  0.4831 0.1638 0.6469
7 Malayappanallur 0.9084 0.2583 0.0258 1.1442 0.0483 0.7855 0.3587 0.0483 1.1925 0.0000 1.1925
8 Karuppur 0.6404 0.0000 0.0000 0.6404 0.0000 0.4512 0.1892 0.0000 0.6404 0.2633 0.9037

TOTAL

 7.0905  0.3233 1.9016 5.2825 4.0329 2.7881 3.2629 3.2644 9.3154 1.8593 11.1747
 
1.8 The implementation of the formation of Kumbakonam Bypass Extension is to be carried out and the contractor is to be selected for the execution. Road construction activities will be generally confined to 12 months.

1.9 The PIU, through the District Collector has to initiate the LA process. The LA will be completed prior to the start of construction by the contractor for the entire stretch, and the compensation and assistance for land will be disbursed as per entitlement provisions of R&R policy.

1.10 In order to arrive at the best alternative, two different feasible options of alignments have been studied. Each alignment has its own merits and de-merits. An effort has been made to find out the best of two, by collecting more details along these alignments. The feasibility evaluation of the alternate alignments is presented in Table 1.3
 		  
 

Table 1.3 Evaluations of Alternate Alignment Options
 

  
 

Criteria

Units

Alternative  I

Alternative II

I.                   General

Starting point

Km

Km 2/8 of Kumbakonam- Myladuthurai road

Km 3/2 of Kumbakonam- Myladuthurai road

Ending point

Km

Km 35/6 of Kumbakonam- Tiruvarur road

Km 35/9 of Kumbakonam- Tiruvarur road

Length

Km

3.800

4.080

RoW proposed *

Metres

27

27

II.                Environmental

Land use

Type

Agriculture and Homestead

Agriculture and Homestead

Trees affected

Numbers

92

56

Ponds affected

Numbers

2

None

Channels                 

Numbers

3

3

Rivers

Numbers

2

2

Soil

   Type

Black cotton soil

Black cotton soil

III.             Social

Land affected

Ha

10.2600

11.1747

Structures affected

Numbers

55

15

Temples

Numbers

5

None

Temple Land only

Numbers

5

5

School building

Numbers

1

None

IV.              Approximate Cost

LA Cost

Millions

25.14

20.29

Bridge Cost

Millions

34.50

34.50

ROB Cost

Millions

20.00

20.00

Road Cost

Millions

115.00

120.00

Structure Cost

Millions

10.00

3.00

EMP Cost

Millions

2.00

1.50

Total Cost

Millions

206.64

199.29

Best alignment

---

---

Ö
 
     
 

Note: * The normal Right of Way proposed is 27 metres. In high embankments like approaches            to ROBs and approaches to high level bridges, it is likely to be more.

1.11     From the above table it may be seen that the Alternative-I, impacts 2 ponds, 55 structures, 5 temples and a school building also, whereas the Alternative-II does not affect as much. Moreover Alternative-I, is very close to the town and the development potential is higher and only for this reason many houses (55 Nos) are affected. In total, the cost of Alternative-II is lesser than the Alternative-I and hence Alternative-II has been chosen as the better alignment. In addition to that, majority of the people have also opted for Alternative –II only, during the Public Consultation Meeting and the minutes of Meeting are enclosed in Annexure – 1.

1.12     So, the Alternative II is the best option for the bypass of Kumbakonam town, in terms of Environmental & Social impacts and also from engineering point of view. Therefore, Alternative II is selected and the Detailed Engineering has been carried out for this option.

1.13     In continuation of the Draft RAP, another Consultation Meeting has also been conducted for the Project Affected Households & People, for explaining the Compensation for the individuals, R& R Policies and the Entitlement Matrix of the Government of TamilNadu guided by the World Bank. The minutes of the consultation meeting with PAPs & PAHs are enclosed in Annexure 1 A.

2. 0       LAND ACQUISITION AND RESETTLEMENT IMPACTS

2.1       This chapter outlines the magnitude and extent of the various impact categories. These shall form a base for working out the R& R budget, in accordance with the provisions of the Entitlement Matrix.

2.2       The project involves land for acquisition for formation of bypass.   Altogether 11.1747 Ha of land will be acquired for the project, out of which 9.3154 Ha of patta land will be acquired from private owners and the balance of 1. 8593 Ha land belongs to Government.  The details of irrigated and un–irrigated land are provided as follows in Table 2.1.

  
 


Table 2.1 Type of Land Affected

  
 

Type of Land  

Area in (ha)

Private irrigated  land

2.7881

Private un irrigated land

3.2629

Private residential land

3.2644

Total Private land

9.3154

Other Govt Land

1.8593

Total Land

11.1747
 
     
 

2.3       There are cases of severance of land, especially along the bypass. The PAPs whose land will   be severed have been identified based on the Land Plan Schedules (LPS). The entitlement framework for the project provides an additional of 25% of the total compensation as severance allowance, to compensate for the severance impacts.

2.4       Out of the 199 PAHs in the project, 40 PAHs are subjected to major impact and 159 PAHs are subjected to minor impact.

2.5       The compensation for the land to be acquired will be paid through private negotiation with the concerned landowners. The fixing of compensation will involve the following steps.

·                    The concerned Thasildhar will carry out a scrutiny of land prices (based on guideline values Dated, August 1st 2007).

·                    The District Level Committee under the chairmanship of the District Collector will carryout negotiations with the individual landowners based on the guideline value. In order to represent the real replacement cost towards the payment of compensation, the negotiated compensation shall not be less than 150% of the guideline value of the Registration department.  

·                    In the event of dissatisfaction over the value with the negotiation committee, the landowner has the option of representing his case to the State Level Committee.

·                 The, guideline values as updated by the GoTN on August 1st, 2007 have been adopted for the project. To update guidelines values for more than one year old on the date of negotiation, an increase of 5% per annum will be paid. In addition to this, an additional amount of 9% will be paid to meet out the cost of registration and stamp duty irrespective of whether the PAP repurchases the lost asset or not.

·                 Tree Value: For any trees attached to the land to be acquired, the value of fruit bearing trees will be estimated by the Additional Director (AD), Horticulture and Timber trees will be estimated by the Divisional Forest Officer (DFO).

3.0         Baseline Socio –Economic Characteristics

3.1        This chapter presents the socio- economic features of the project and an analysis of baseline socio-economic characteristics of the Project Affected Persons (PAPs).

3.2       The key baseline socio-economic characteristics have been worked out based on analysis of the census survey data. The indicators worked out include those related to income, occupation, etc.

3.3       Structured formats were prepared on which the data was recorded separately for the household records, information collected included inventory of assets loss, ownership profile, household information, etc. In general, information on demographic and social characteristics including caste, tribe, income level, gender of head of household etc. were collected to determine the vulnerability of the project affected persons.

3.4       The PAH suffering the following impacts are categorized as Major impact:

·                    Loss of place of dwelling

·                    Loss of place of business

·                    Loss of livelihood

·                    Loss of 25% or more of agriculturally productive land out of the affected land holding, or

·                    Loss of land due to severance on acquisition and the remaining land is not economically viable 

3.5       All the PAHs available on the date of joint verification will be eligible for entitlements in accordance with the R& R policy provisions. The list of entitled persons will be made available for verification in the office of the Divisional Engineer (Highway) TNRSP, Kumbakonam

3.6       Any further encroachment into the CoI will be prevented through regular monitoring by the Divisional Engineer of the project in co-ordination with the Regular Divisional Engineer. (Highways)

The demographic and socio-economic profiles are given as follows:

3.7      Income Level

           The income of the various groups reveal that 15% of the PAHs fall in the group of below poverty line, 32% between Rs.2103/- to Rs.3000/- p.m., 19% between Rs.3001/- to Rs.5000 p.m, 32% between Rs.5001/- to Rs.15000 p.m and 2% above Rs.15000 p.m. The profile by village wise is presented in Annexure - 9.   

3.8      Occupation Profile of PAHs & Family members

           The occupation profile of the PAHs & Family members reveals that Agriculture is the predominant activity with 11% amongst the PAPs engaged in Cultivation and the remaining are involved as Agriculture labors (4%), Casual labors (2%), Private sector salaried (4%), Government sector salaried (4%), Business (4%), Unemployed (11%) and Not in Work force (60%). The occupation profile of the PAHs is presented in Annexure -10.

3.9      Religion

           By religion, majority of the PAHs are Hindus (97%) followed by the Christians (1%) and Muslims (2%). The profile of the religion by village-wise is presented in Annexure -11.

 

3.10        Literacy of PAHs & Family members

     66% of the PAPs are Literates and 29% are Illiterates and the others are children (5%).  Out of the total PAHs & Family members, 7% belong to Primary education, 10% has carried out their Middle school education, 20% has completed High school education, 12% has completed Higher Secondary education, the remaining 18% have carried out College education. The profile of literacy by village-wise is presented in Annexure - 12.

 

3.11         Age-group Classification of PAHs & Family members

           As per socio economic survey carried out, the elderly population (i.e.) 60 & more than 60 years accounts for 12% and the remaining 88%, fall within the age group of below 60 years. The profile by village-wise is presented in Annexure – 13.

3.12        Vulnerable populations

 In total there are 28% are vulnerable and 72% are non vulnerable. It is observed that there are 19% are Schedule caste, 6 % are PAHs below Poverty line, 2 % of the PAHs are of elderly population and 1% are Woman- headed. Since all the PAHs are Title- Holders, they are eligible for compensation only. . The profile of the vulnerable population by village wise is furnished in the Annexure -14.

3.13    Profile of PAHs: The census of the landowners impacted have been carried out, the profile of the PAPs has been presented in the Annexures 15.1 – 15.8.

4.0       IMPLEMENTATION ACTIVITIES

4.1       The activities considered to be undertaken in the implementation of RAP are with necessary sequencing of the activities.  There will be scope for updating the schedule during the progress of the implementation. The site will be handed over to the contractor for commencing civil works free, after acquiring the land and after distribution of compensation and allowances. Speedy efforts will be taken to hand over the lands involved in the acquisition process quickly after fulfilling the statutory requirements prescribed there in. The implementation scheduled is presented in Table 4.1, as follows

 

  
 

Table 4.1 Implementation Schedule for RAP

  
 

SL. NO

TASK

Apr-2009

May 2009

Jun-2009

Jul-2009

Aug-2009

Sept-2009

Oct-2009

Nov-2009

Dec-2009

1

Approval of RAP by GoTN/PIU

√

 

 

 

 

 

 

 

 

2

Disclosure of  RAP

 

√

 

 

 

 

 

 

 

3

Negotiation with land owners, Issue of ID cards, Selection of Resettlement site

 

 

√

 

 

 

 

 

 

4

Payment of Compensation under private negotiation, Payment of Severance allowances, LPG Completion of land acquisition under  TNHW act

 

 

 

√

 

 

 

 

 

5

Sale deed registration

 

 

 

√

 

 

 

 

 

6

Construction of houses in the Resettlement site and handing over to the PAPs

 

 

 

√

 

 

 

 

 

7

Handing over the site to the contractors

Mile stones

 

 

 

I

II

 

 

 

 

8

Commencement of Civil works

 

 

 

 

I

II

 

 

 

9

Operation of data base

 

 

 

 

 

 

√

 

 

10

Impact Assessment

 

 

 

 

 

 

 

 

√
 
     
 

 4.2        4.2     The RAP document is to be disclosed for public access and will be made available in the following places in addition to the PIU.

·      District library at Thanjavur

·      TNRSP web site: www.tnrsp.com

·      In the Panchayat offices of all concerned villages 

4.3.     To provide information on the fixation of negotiation prices for land acquisition in the project and to explain the various entitlement options in the project, brochures are to be prepared in Tamil and will be available to all PAPs prior to negotiations.  
 

4.4       Data from the baseline socio-economic surveys carried out during the project preparation stage will provide the benchmark for the Monitoring process to assess the progress and success of the resettlement and rehabilitation programme.  However, Monitoring process will also include the following: 

·                    Communication and reactions from PAPs.

·                    Information from PAPs on entitlements, options

·                    Valuation of properties

·                    Usage of grievance redressal mechanism

·                    Disbursement of compensation and assistance.
 

4.5       Monitoring will also cover the physical progress of project. This will include acquisition of land, provision of infrastructure, plantation of trees and other necessities, if any. The Divisional Engineer, TNRSP, Kumbakonam will monitor the progress at the field level. 

4.6       Monitoring Indicators for Physical Progress: A standard format with internal Monitoring    indicators for physical progress of the project has been presented in Table 4.2 below:
 

  
 

 Table 4.2 Monitoring Indicators for Physical Progress

  

Sl. No

Monitoring Indicators for Physical Progress

Implementation Target

Revised Implementation Target

Progress this month

Cumulative Progress

% against Revised Implementation Target

1

Land acquired  from Govt (ha)

1.8593

 

 

 

 

2

Wet land acquired from private owners (ha)

2.7881

 

 

 

 

3

Dry land acquired from private owners (ha)

3.2629

 

 

 

 

4

Residential land acquired from private owners (ha)

3.2644

 

 

 

 

5

Number of PAHs paid compensation for acquisition of private land & structures

40 (major)

159 (minor)

 

 

 

 

6

Number of PAHs provided with assistance for severance of land

4

 

 

 

 

7

Number of PAHs provided with Land purchase Grant @25% of the compensation received to buy alternative agricultural land

29

 

 

 

 

8

Number of PAPs provided with assistance for Shifting allowances

11

 

 

 

 

 

9

Number of PAHs provided with subsistence allowance for 6 months

40

 

 

 

 

10

Number of PAHs provided with alternative houses in the Resettlement site

11

 

 

 

 

4.8       A standard format with internal Monitoring indicators for financial progress of the project has been presented in Table 4.3 below:
 

Table 4.3 Monitoring Indicators for Financial Progress
 

S.No.

Monitoring Indicators for Financial Progress

Implementation Target (Rs.Million)

Revised Implementation Target

Progress this month

Cumulative Progress

% against Revised Implementation Target

1

Compensation paid for  land acquired from the private landowners @ 150%

 18.00

 

 

 

 

2

Compensation paid for Registration charges and taxes 

1.08

 

 

 

 

3

The payment of 10% for Delay in revision of guideline values

1.34

 

 

 

 

4

Compensation paid for severance of land

0.50

 

 

 

 

5

Compensation paid for loss of perennial  and non perennial crops

 

1.50

 

 

 

 

6

Expenditure on providing Subsistence allowance

 0.86 

 

 

 

 

7

Expenditure on providing Shifting  allowance

0.01

 

 

 

 

8

Compensation paid for LPG

 0.28

 

 

 

 

9

Expenditure on preparing Resettlement sites with infrastructure facilities

 

2.00

 

 

 

 

10

Expenditure on un-quantified impacts

1.43 

 

 

 

 

11

Total

27.00

 

 

 

 
 
 

4.9       Internal monitoring will track the physical and financial indicators as mentioned in Table 4.2 and 4.3  Monitoring will be carried out by the SDU of the PIU.  Monthly Progress report shall be prepared and submitted to the PIU at Head Quarters reporting actual achievements against the targets fixed with reasons for shortfalls, if any.

4.10      All monitoring reports will have to be compiled within fifteen days at the end of each month by the PIU at the field level. The filled up formats will be compiled, analyzed and results will be submitted to the Project Director for the assessment on the monthly progress of implementation of the RAP.      

4.11      The main objectives of the Impact Evaluation to be carried out (If necessary), have been mentioned below:

·                    To assess whether the PAPs have improved their living standards, in terms of income, ownership of land.

·                    To monitor the schedules and achievement of targets; and

·                   To evaluate whether the outcomes of social development objectives of the project are   being achieved.   

4.12         All the PAPs who have spent more than 6 months after receiving compensation will be considered for the impact evaluation.  Any problems encountered will be assessed and necessary changes will be recommended to the PIU for consideration.  The impact evaluation will emphasize on the assessment of achievements of the project targets and the change in quality of life of the PAPs.  Necessary evaluation indicators will be developed for carrying out the evaluation assignment.   All the evaluations are expected to be done on the basis of selective indicators.  After the implementation of the project, an agency will carry out an end-term evaluation to assess the effectiveness of the implementation of the R&R provisions.

4.13        The impact evaluation will be made on the issues as mentioned below:

·              Restoration of income levels of the PAPs;

·              Changes and shifts in occupational pattern; 

1.14            As standard format with indicators for impact evaluation has been presented in Table 4.4 below: 

Table 4.4 Indicators for Impact Evaluation

  
 

S.No.

Impact Evaluation Indicators

Ranges

Pre-project Baseline Values

Annual Evaluation

End-of-the Project Evaluation

 

1.

MONTHLY  INCOME

2102 & below (BPL)

15%

 

 

2103 – 3000

32%

 

 

3001 – 5000

19%

 

 

5001 – 15000

32%

 

 

Above 15000

-

 

 

2.

OCCUPATION

Cultivation

11%

 

 

Agricultural labour

4%

 

 

Casual labour

2%

 

 

Private sector salaried

4%

 

 

Government sector salaried

4%

 

 

Business

4%

 

 

Other workforce

-

 

 

Unemployed

11%

 

 

Not in workforce

60%

 

 

3

MATERIAL ASSETS.

Average Number of Livestock per Household

 

 

 

Proportion of households having radio

Proportion of households having mixer

Proportion of households having grinder

 

 

Proportion of households having television

 

 

 

Proportion of households having mobile phone

 

 

 

Proportion of households having bicycle

 

 

 

Proportion of households having cattle

 

 

 

Proportion of households having bullock cart

 

 

 

Proportion of households having two wheeler

 

 

 

Proportion of households having tractor

 

 

 

Proportion of households having four wheeler

 

 

 

4

ACCESS TO BASIC AMENITIES

Proportion of households having electricity connection

 

 

 

Proportion of households having water supply connection

 

 

 

Proportion of households having telephone  connection

 

 

 

Proportion of households having close access to community water resource

 

 

 

Proportion of households located within 1km from post office

 

 

 

Proportion of households located within 1km from market place

 

 

 

 

Proportion of households located within 1km from bank / credit society

 

 

 

Proportion of households having proper road accessibility

 

 

 

Proportion of households located within 1km from PHC/ other medical facility

 

 

 

Proportion of households located within 1km from primary school

 

 

 

Proportion of households located within 1km from high school / college

 

 

 

Proportion of households located within 1km from library

 

 

 

Proportion of households located within 1km from movie hall/ video parlor

 

 

 

Proportion of households located within 1km from play ground / park

 

 

 

5

HOUSE TYPE

Proportion of people having Pucca House

 

 

 

Proportion of people having Semi - Pucca House

 

 

 

Proportion of people having Kutcha House

 

 

 
 
 

4.16     The cost for implementation of RAP has been worked out in accordance with R&R policy approved by GoTN and based on the information from socio-economic survey data. The property owners subject to minor impacts will be provided only compensation for loss of their properties.  Other assistances as per the R&R Policy provisions will be provided for the PAHs having major impact due to the project.

4.17     The following Table presents the overall budget with costs for all R&R components for Kumbakonam Bypass Extension.

4.18     The total budget for compensation for Land including cost for trees are calculated based on the guideline value in the year 2007-2008. The summary of R&R budget is given in the Table 4.5

Table 4.5 Summary of R&R Budget

  
 

S.No

Item

Village Name

Cost for Compensation at 150% (in Rupees)

Grant Total

1

Compensation for Land

ULLUR

92,083

 

THEPPERUMA NALLUR

9,720,761

 

PAZHAVATTAN KATTALAI

6,120,620

 

SRINIVASA NALLUR

1,255,631

 

KRISHNAPURAM

110,465

 

SIVAPURAM

41,298

 

MALYAPPA NALLUR

486,090

 

KARUPPUR

172,648

 

 

Sub Total

--

 

17, 999, 596

2

9% Registration charges

For all villages

--

1, 079, 976

3

10% Extra due to delay of revision of guideline values

For all villages

--

1, 343, 070

4

Severance allowance

For all villages

--

50, 316

5

Trees Compensation (Rough Estimate)

For all villages

--

1,500,000

6

Subsistence allowance

For all villages

--

864,000

7

Shifting allowance

For all villages

--

11, 000

8

Land Purchase Grant

For all villages

--

279, 282

9

Resettlement site

--

--

2,000,000

10

Contingency  for un-quantified impacts

--

--

1,872,760

 

Total in Rupees

--

--

27,000,000

                                                                                                       (Or)   Rupees 27.00 Millions

  
 

ANNEXURES [1-15]

  
 

Annexure - 1

(MINUTES OF THE PUBLIC CONSULTATION MEETING)

TAMIL NADU ROAD SECTOR PROJECT

Chairman: Divisional Engineer, TNRSP, Kumbakonam

Venue:      Muthupillai Mandapam Middle School, Pazhavattan kattalai, Kumbakonam

Date:        19th January, 2008

Time:        10:00 am

A public consultation meeting has been held for the proposed bypass extension for Kumbakonam town, linking (1) Kumbakonam – Myladuthurai road (SH), (2) Kumbakonam – Karaikal road (SH) and (3) Kumbakonam – Thiruvarur road (SH). The link between Kumbakonam – Thanjavur road (SH) and Kumbakonam – Chennai road (SH) already exist. The meeting was held under the chairmanship of the Divisional Engineer (TNRSP) Kumbakonam. Government officials, People’s representatives, Panchayat union presidents, Traders, Representatives of Non Government Organizations and about 55 Nos of Project Affected People have participated the meeting.

The Address of the Resettlement Officer, Tamil Nadu Road Sector Project, Chennai

The Resettlement Officer, Tamil Nadu Road Sector Project, Chennai welcomed the gathering and briefly explained the project features. Then the Chairman addressed the gathering, explained the necessity of the bypass extension and requested the participants to share their views and opinions regarding bypass. 

The Address of Mr. N. Viswanathan, M& E Consultant

 Mr. N. Viswanathan , M& E Consultant welcomed the proposal of the bypass, as the Consultants proposed various alternatives, which is a long felt need of the public in the developments like, good access of traffic, reducing the congestion to the Central part of Kumbakonam town, avoiding enormous delay in crossing the town. He readily agreed and assured to extend full support in offering necessary guidance in the process to be followed for the acquisition of the required land for the proposed project. He explained them about the entitlement matrix to the public. 

The Address of Mr. L.G Balakrishanan, Highway Engineer, CES (I) Pvt Ltd

He explained the World Bank norms and guidelines related to this project. He also explained technically about the two alternatives with merits and demerits and he explained that proper compensation for the affected land, structures & trees (etc) will be paid. In view of the positive impacts of the project, like development of industries and trades, he requested the public, to give their co-operation without considering the unavoidable impacts on the land and others.

Interactions with Public: The client and consultants have interacted with the public, invited their views, explained them briefly and clarified their queries up to their satisfaction. 

The Views of the Public

The members and the pubic participated in the meeting; have accepted the bypass proposal and wanted to commence the works at the earliest and also opted for Alternative – II

Table: Project responses to the issues raised in the Public Consultation Meeting

Location: Muthupillai Mandapam Middle School, Pazhavattan kattalai, Kumbakonam

S.No

R&R issues

Responses

1

Sought clarification on the purpose of the meeting.

The Consultants clarified the necessity of the project and explained about the guidelines of the World

2

Raised whether any similar kind of project has been handled by the department

The Consultants clarified that Ramanathapuram Bypass is the, example.

3

Raised doubt about the Provision for the cross roads across the alignment 

The Consultants clarified that entire cross roads coming across the alignment will be improved.

4

Early completion of the project has been emphasized.  

The Consultants replied that the civil works are expected to be started after handing over to the contractor and the compensation will be distributed at the earliest.

5

Raised doubt about the Patta land and what will be the compensation

The Consultants clarified that at least 150% of the guideline value and 9% for registration will be given. In addition to that Severance and other Allowances, as per the World Bank’s Guidelines, will be given.

6

Requested to minimize the impacts on the built up areas

The Consultant explained about the alternatives and to minimise the impacts, the Alternative 2, is likely to be chosen.

7

The bypass may be formed at a distance of 100 ft East or West of Chelliamman temple at Srinivasa Nallur without affecting, the temple

The Consultant explained that the bypass will be formed at Srinivasa Nallur without affecting, Chelliamman temple
 
 


The Address of the Chairman

 The Divisional Engineer (H) TNRSP explained that the project would be implemented and carried out as per the norms and guidelines of the World Bank. The loan assistance for the proposed bypass from the World Bank will be helpful to the Government of Tamil Nadu in construction of the bypass and it will be useful to the public to avoid the delay in transport, to avoid traffic congestion, to give smooth flow of traffic and to improve the infrastructures on both sides of the road.

The Divisional Engineer explained them about the compensation provisions as per the World Bank’s guidelines for the affected land, trees structures etc. He also touched upon the process of replacement of Common Property Resources (CPRs) during implementation of the project like Temples, School buildings; etc (If any).

In view of the positive impacts of the proposed bypass, like development of industries and trades, the Divisional Engineer has requested the public to extend their full co-operation & participation to make the project success.

Outcome:

There was over- whelming response from the public who welcomed the proposal to construct the bypass and 100% of the people are in favor of the bypass. In that 62 % of the public are in the favor of the Alternative - 2 and 38 % of the public are in favour of any kind of alternatives and nobody is un-willing for the bypass proposal.

Conclusion:

 There was an overwhelming response from the public who welcomed the proposal to construct a bypass. The meeting concluded with a vote of thanks from the consultants, M/s.Consulting Engineering Services (India) Pvt Ltd, Chennai – 600 02

  
 

Annexure – 1A

(MINUTES OF THE CONSULTATION MEETING WITH PAHs & PAPs)

TAMIL NADU ROAD SECTOR PROJECT

Chairman: Revenue Divisional Officer, Kumbakonam

Venue:      Muthupillai Mandapam Middle School, Pazhavattan kattalai, Kumbakonam

Date:         02nd November, 2008 

Time:        10.30 am

 A consultation meeting with PAPs & PAHs has been held for the proposed bypass extension for Kumbakonam town for explaining compensation & R&R policies of this project. The meeting was held under the chairmanship of the Revenue Divisional Officer, Kumbakonam. The Deputy Collector, TNRSP, Chennai, The Divisional Engineer (TNRSP) Kumbakonam, The Special Tasildhar, TNRSP, Thanjavur,   The Tasildhars, Kumbakonam & Tiruvidaimarudhur, Surveyors, Village Administrative Officers and Government officials, People’s representatives, Panchayat union presidents, Non Government Organizations and Journalist and PAPs & PAHs have participated the meeting.

The Address of the Deputy Collector, Tamil Nadu Road Sector Project, Chennai

The Deputy Collector, Tamil nadu road sector project, Chennai welcomed the gathering and welcomed the proposal of the bypass, as the Consultants proposed various alternatives, which is a long felt need of the public in the developments like, good access of traffic, reducing the congestion to the Central part of Kumbakonam town, avoiding enormous delay in crossing the town briefly explained the R&R policies and compensation of the guideline values for the project affected people and house holds.

The Address of Divisional Engineer, TNRSP, Kumbakonam

The Divisional Engineer explained the process to be followed for the acquisition of the required land and structures for the proposed project. He explained them about the various benefits to the project affected households and people as per the entitlement matrix. He also explained the about the resettlement sites and alternative houses to the beneficiary and compensation for the individuals. He also explained that the complete details of the Resettlement Action Plan of this project are available in the district library, Panchayat offices, Divisional office and also in the web site.

The Address of Mr. L.G Balakrishanan,  CES (I) Pvt Ltd

He also explained technically about the alignment and proper compensation for the affected land, structures & trees (etc) and supported in giving the necessary details regarding the alignment for the enquires made by the PAHs. 

Interactions with Public: The delegates at the Dias with help of the Surveyors and VAO and consultants have interacted with the public, explained in detailed and clarified the queries about the compensation and other benefits.  

Annexure - 2

Tamil Nadu HW Act, 2001 (Extracts)

 

EXTRAORDINARY                                                              PUBLISHED BY AUTHORITY

[No.626]                           CHENNAI, FRIDAY, SEPTEMBER 20, 2002

TAMIL NADU HIGHWAYS ACT, 2001

(Extracts from Tamil Nadu Highways Act, 2001)

 Chapter II

Declaration of Highways, Highways Authorities and their Powers and Functions

 5 (2) The Divisional Engineer, Highways Department of the Government in-charge of each division, shall be the Highways authority for that division.

Chapter IV

Acquisition of Property 

15 (1) If the Government are satisfied that any land is required for the purpose of any highway or for construction of bridges, culverts, causeways or other structures thereon or for any purpose incidental or ancillary thereto, in furtherance of the objects of this Act, they may acquire such land by publishing in the Tamil Nadu Government Gazette a notice specifying the description of such land and the particular purpose for which such land is required.

      (2)Before publishing a notice under sub-section (1), the Government shall call upon the owner and any other person having interest in such land to show cause within such time as may be specified in the notice, why the land should not be acquired.  The Government shall also cause a public notice to be given in such manner as may be prescribed.

18.  Every owner or person interested in any land acquired under this Act shall be entitled to receive and be paid an amount as hereinafter provided.

19 (3) Where no such agreement can be reached, the Government shall refer the case to the Collector for determination of the amount to be paid for such acquisition as also the person or persons to whom such amount shall be paid.

            Provided that no amount exceeding such amount as the Government may, by general or special order, specify, to be paid for such acquisition shall be determined by the Collector without the previous approval of the Government or such officer as the Government may appoint in this behalf.

23. Where any amount has been deposited in court under sub-section (3) of section 22, the Court may either of its own motion or on the application made by or on behalf of any party interested  or claiming to be interested in such amount, order the same to be invested in such Government or other securities approved by the Government as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit there from as they might have had from the land in respect whereof such amount has been deposited or as near thereto as may be.

24. When the amount is not paid or deposited on or before taking possession of the land, the Government shall pay the amount determined with interest thereon at the rate of nine per cent per annum from the time of so taking possession until it shall have been so paid or deposited.

  
 

ANNEXURE 3

VARIOUS STAGES FOR THE DETERMINATION OF COMPENSATION AND GOs

The various stages of the determination of compensation are given as follows

Ø                  By an agreement between the land owner and the District Collector.

Ø                  By fixing the land value under section 19(3) of Tamil Nadu Highway Act 2001 by following the procedures under section 23 & 24 of the Land Acquisition Act, 1894.

Ø                  Any person aggrieved by the decision of the Collector or any other officer, may within 60 days require the matter to be referred to the court as provided under section 18 of the Land Acquisition Act 1894.

Ø                  However, as an alternative to the acquisition under the TNHW Act 2001, Government issued orders dated, 25.02.2003, that 150% of the guideline value (minimum) should be given as compensation by private negotiations under an agreement between the land owner and the District Collector. (District Level Negotiation Committee).

Ø                  In case the use of TN Highway Act, the compensation will be paid prior to taking over the land for those who are re-available and in case those who are not available, it will be deposited in the court.

The basic data required for the Social Assessment for implementing the R&R related activities for the project are given as follows

Ø                   Profile of PAPs: The project should provide adequate information on settlements, population and households impacted.

Ø                   Livelihood Sources: The project should provide information about the occupational pattern of the affected population along with average household income per annum.

Ø                   Employment in the Project: The project should make necessary arrangement for creating employment opportunities during the construction period for the local people.

The subject and reference of various G.Os relating to R&R for the project are given as follows

·                    Authorization of District Collectors to initiate land acquisition through private negotiation (G.O. Ms.No.174 dated 25.09.2001): This G.O. authorizes the district collectors of the 11 districts along the TNRSP roads to initiate the land acquisition proceedings through private negotiation, on behalf of the project

·                    Tamil Nadu Road Sector Project – Implementation – Committees Constituted – Orders Issued (G.O.Ms.N.221 dated 19.12.2000): To achieve the objectives of the R&R policy framework of TNRSP and to accelerate the speedy implementation of the project.

·                    Land Acquisition – TNRSP – Relaxing Conditions for Acquisition of Wetlands – Orders Issued (G.O.Ms.No.151 dated 07.09.2001).  As per the conditions prescribed in G.O.Ms.No.363, Revenue Department, dated 28.04.95, acquisition of wetlands further purposes is not permitted.  After careful examination, it was inferred that this acquisition was unavoidable, after which condition for wetlands acquisition has been relaxed for this project as a special case through G.O.Ms.No.151 dated 07.09.2001.

·                    Government Order on Sanction of Rs.49.5 Crore towards Land Acquisition (G.O.Ms.No.59 dated 16.03.2001): This G.O. provides an administrative sanction for a sum of Rs.49.5 crore to compensate the PAPs towards acquisition of 805 ha of land (in total for the whole project TNRSP 01-05) in accordance with the provisions of the R&R policy, by negotiations with the landowners.

·                    Government Order on Enhanced Payment of compensation through private negotiation (G.O.Ms.No.40 dated 25.02.2003): This G.O. authorizes the District Collectors of 11 districts where the TNRSP is being implemented to fix up land value not less than 150% of the Guideline Value at the time of private negotiations with the landowners.

·                    Government Order on constituting a policy framework approved empowered committee (G.O. Ms.No.184 dated 16.10.2002): This G.O. provides for a constitution of an empowered committee to provide immediate guidance and approval of issues during project implementation that are beyond the powers of the project authority.

·                    Government Order on creation of Special Revenue Staff (G.O.Ms.No.174 dated 15.07.1998): This G.O. provides with the sanction of creating Special Revenue Staff experienced in environmental and land acquisition issues, who will help and coordinate land acquisition activities for the project.

·                    Government Order on sanction of constituting R&R Cell (G.O.Ms.No.20 dated 30.01.2003):  This G.O. accords sanction for constituting R&R Cell for the project that will oversee land acquisition and implementation of the Resettlement Action Plan.

·                    The Government Order on Amendment of Entitlement Matrix regarding Land Purchase Grant and House Construction Grant G.O. (Ms.) No.264 dated 13.12.2006 provides   amendment to Land Purchase Grant and House Construction Grant of the Entitlement Matrix. Land purchase grant at 25% of total compensation will be available to those PAP’s who lose more than 25% of their land holding in the village and are left with less than   minimum economic land holding (less than 1 hectare of irrigated or 2 hectares of un irrigated or equivalent in that village. (The G.O. is enclosed for reference as Annexure.4)

·                    The GoTN, in accordance with the principles laid down in the Operational Directives of the World Bank and the policies of the GoI, has prepared the R&R policy for TNRSP.  The Highways Department in G.O.Ms.No.193, dated 10.08.1998 accepted these principles and Policy Framework as the basis for the RAP.  This RAP document has been prepared as per the policy described in the above G.Os.

·                    Principles of the Policy on Mitigation of Impacts: It is an integral policy of the project to mitigate all the impacts to the extent possible and where this is not possible; PAPs will be compensated and assisted. The principles of R&R policy are that:

Ø                   Involuntary resettlement shall be avoided to the extent possible or minimized where ever feasible, exploring all viable alternative project designs.

Ø                   Where displacement is unavoidable, people losing assets, livelihood or other       resources shall be assisted in improving or at a minimum regaining their former status of living at no cost to themselves.

Ø                   People’s participation shall be undertaken in planning and implementation of the project.

Type of Impacts to be addressed

There are three broad categories of social and economic impacts, which require mitigation in this project.  They include:

§         Loss of assets, namely lands and assets,

§         Loss of livelihood or income opportunities, and,

§         Collective impacts on groups, such as loss of Common Property Resources.(not for this project)

The first two categories represent direct project impacts on an identified population.  Here, the affected people will be surveyed and registered.  The third category represents an indirect impact, where group members need not be individually registered.

·                    Entitlement Framework: The entitlement framework for this project has been prepared following the R&R Policy.  The entitlements have been decided, as part of the mitigation measures to compensate the losses to the PAPs.  The definitions regarding entitlements and the eligibility Criteria are presented as a separate section, Glossary of R&R terms.  A summary entitlement matrix is provided in Annexure.4

Annexure 4

Detailed Entitlement Matrix

The detailed entitlement matrix for the project is presented below:

  
 

Impact Category / Entitlement

Remarks

1. Loss of Private Property

(a)  Loss of Land (agricultural or otherwise)

1)      Cash Compensation through private negotiations or in accordance with the provisions of Land Acquisition Act, plus additional amount of 9% towards cost of registration and taxes;

2)      Land purchase grant @ 25% of total compensation received will be available to those PAPs who lose more than 25% of their land holding and left with less than minimum economic land holding (less than 1 hectare of irrigated or 2 hectares of un-irrigated or equivalent),

3)      Subsistence allowance for six months equivalent to monthly minimum wages will be paid to all those who lose more than 25% of their Land holding and left with less than minimum economic land holding,

4)      In case of severance of agricultural land, an additional 25% of total compensation will be paid as severance allowance.

The land purchase grant will be available, if land is purchased and registered within one year of receiving the compensation amount.  The grant will be released on the submission of copy of registered sale deed.  (Amended as per G.O.Ms.No.264 dated 13.12.2006) Amendment: Land Purchase Grant @ 25% of total compensation received will be available to those PAPs who lose more than 25% of their land holding in the village where the land is being purchased for TNRSP and are left with less than minimum economic land holding (less than 1 hectare of irrigated or 2 ha of un-irrigated or equivalent in that village).                                                                              

(b)              Loss of residential structure

1)      Cash compensation at schedules rates without depreciation, plus additional amount of 9% towards cost of registration and taxes;

2)                  Right to salvage affected materials,

3)      Shifting assistance of Rs.1000 for all those who lose complete house;

4)      Subsistence allowance for six months equivalent to monthly minimum wages to all those who lose complete house

5)      An option of alternative built house of size between20 Sqm. 40 Sqm of plinth depending on the size of the house lost at cost.

(a)      If more than one third of structure is affected, the PAP has option to offer for acquisition of entire structure

(b)      PAPs losing up to 20 Sqm of house will get a built house of 20 Sqm and PAPs losing a house of more than 20 Sqm will get a built house of 40 Sqm.

(c)The cost of house to be charged is limited to two-thirds to non-vulnerable and one-third to vulnerable subject to maximum of compensation amount received. (Amended as per G.O.Ms.No.264 dated 13.12.2006).  Amendment: The cost of house to be charged is limited to two thirds to non vulnerable and one third to vulnerable subject to maximum of compensation amount received. Optionally, House construction Grant @ 25% of the structure valuation of residential and commercial structure in his own land at his cost with the assistance of compensation.  However, the House construction Grant shall not exceed Rs.25000/- irrespective of the structural value.

(d)      Resettlement sites will be developed with basic amenities of more than 20 families are opted in a length of 5 km, otherwise houses will be built in the existing villages.

(c)        Loss of commercial structure

1)                  Cash compensation at scheduled rates without depreciation, plus additional amount of 9% towards cost of registration and taxes;

2)                  Right to salvage affected materials;

3)                  Shifting assistance of Rs.1000 for all those who loose complete structure;

4)      Subsistence allowance for six months equivalent to monthly minimum wages to all those who lose complete structure.

5)      An option of alternative constructed shop of 9 Sqm.  of plinth area at cost (or) employment generation asset worth up to Rs.30,000;

6)      Training for self-employment opportunities to all willing adult members above 18 years.

(a)      If more than one third of structure is affected, PAP has option to offer for acquisition of entire structure

(b)      The cost of shop to be charged is limited to two-thirds to non-vulnerable and one third to vulnerable subject to maximum of compensation amount received. The shops will be built either in resettlement site or adjacent to the road. Wherever required small shopping complexes will be built.

(d)              Impacts to tenants (residential and commercial)

1)      Rental allowance for six months @ Rs.1000 month

2)      Shifting assistance of Rs.1000

3)      In case of agricultural tenant advance notice of 3 months to harvest crop or market value of crop.  Subsistence allowance for 3 months equivalent to minimum wages is available to those who lose more than 0.5 ha of irrigated or 1 ha of un-irrigated or equivalent area.

 

(e)  Impacts to standing crops and other properties

1)      Non-perennial crops: Three months (90 days) advance notification for the harvesting of standing crops (or) lump sum equal to the market value of the standing crop lost

2)                  Perennial crops such as fruit trees, a lump sum compensation payment equal to the capitalized value i.e., the net present value of 15 years of future net income from the production of the perennial crops, at a discount rate of 12% per annum.

3)      Loss of other properties such as irrigation wells will be compensated at scheduled rates.

 

II. Impacts to squatters / Encroachers

(a). Impacts to Squatters

1)      Loss of House: An alternative built house of 20 Sqm. plinth area for vulnerable and compensation at scheduled rates without depreciation for non vulnerable with 2 months notice to demolish the affected structure.

2)      Loss of petty shop: An alternative built shop of 9 Sqm. plinth (OR) employment generation asset worth up to Rs.30, 000 for vulnerable and compensation at scheduled rates without depreciation for non vulnerable with 2 months notice to demolish affected structure.

3)      Right to salvage the affected materials;

4)                  Shifting assistance of Rs.1000

5)                  Subsistence allowance for six months equivalent to monthly minimum wages to vulnerable squatters.

6)      Training for self employment opportunities to all adult members of above 18 years among vulnerable families

 

Impacts to encroachers

1)      Compensation at scheduled rate without  depreciation for the affected portion of the structures

2)      2 months notice to harvest standing crops or market value of compensation for standing crops or demolish the encroached structure;

 

III. Loss of employment to agricultural and non-agricultural workers

Subsistence allowance for 3 months equivalent to monthly minimum wages, Economic rehabilitation assistance consisting of training and assistance for purchase of assets up to Rs.20,000 

 

IV. Loss of community Assets

Relocation of community / cultural properties impacted in consultation with the community,  prior to demolition of impacted asset

 

V. Unidentified Impacts
Unforeseen impacts will be documented and mitigated based on the provision of the policy, applicable for the project.

 

Note:

1)      Vulnerable PAPs are those who are living below poverty line (BPL), those who lose more than 25% of total land holding and remaining land holding is less than minimum economic land holding, SC/ST, women headed households and elderly people of more than 60 years.

2)                  Only one subsistence and shifting allowance will be available in case of more than one impact is experienced by the household;

3)      The amounts of allowances will be revised annually. 

4)      The minimum wages for each district will be adopted as per the minimum wages fixed by the District Collector.

5)      The unit of entitlement is at household level.  For training, for self-employment opportunities and economic rehabilitation assistance to the affected agricultural and non-agricultural workers, this unit of entitlement will be at individual level. 

 
 
 


ADDITIONAL ASSISTANCE TO VULNERABLE GROUPS

In addition to the entitlements to all affected PAHs / PAPs, the following additional provisions will be given to the vulnerable PAHs / PAPs:

·                    Land purchase grant @ 25% of the total compensation received to vulnerable PAHs losing land;

·                    An option of an alternative built house or shop at 1/3rd cost for vulnerable titleholder PAHs;

·                    An alternative built house free of cost for vulnerable residential squatters;

·                    An alternative built shops free of cost or an employment generation asset up to Rs.30,000/- for vulnerable squatters losing shops;

·                    Subsistence allowance for six months for vulnerable people; and

·                  Training for self-employment opportunities to all adult members for vulnerable

            Squatters

  
 

Annexure - 5

GO (Ms) 264, dated 13.12.2006
(Amendment to Land Purchase and House Construction Grant)

Highway Department – Tamil Nadu Road Sector Project – Resettlement Action Plan Volume I Entitlement Matrix – Amendment to Table 3.3 Issued

Highways (HF 2) Department

G.O. (Ms) No.264                                                                               Dated: 13.12.2006

Read:-

1.                  G.O.(Ms.) No.184 Highways (HF 1) Department, dated 16.10.2002

2.                  G.O. (Ms).No.74, Highways (HF 1) Department, dated 8.4.2003

3.                  G.O. (Ms).No.168, Highways (HF 1) Department, dated 11.09.2006

4.                  From the Project Director, Tamil Nadu Road Sector Project, Project, Letter No.1372/2005/R3, dated 27.06.2006

*****

ORDER:-

1.                  In the order second read above the Government have accorded approval for the Resettlement Action Plan (RAP) and Resettlement and Rehabilitation measures.

2.                  In the order 3rd read above the Government have issued amendment or Income Generation Assets in Table 3.3 in the Detailed Entitlement Matrix with the direction that regarding Land Purchase Grant and House Construction Grant, orders will be issued separately.

3.                  In this letter fourth read above the Project Director, Tamil Nadu Road Sector Project has sent proposals to Government for issue of necessary amendment in respect of Entitlement Matrix Table 3.3 regarding Land Purchase Grant and House Construction Grant based on the suggestion of the World Bank as communicated in their side memoire of 2005 and requested for orders.

4.                  The Government after careful consideration accepts the proposal of the Project Director, Tamil Nadu Road Sector Project and accordingly issue the following amendment to table 3.3 in Detailed Entitlement Matrix.

5.                  This order issues with the concurrence of the Finance Department vide its U.O.No.284/SS (KPC) 06, dated 08.12.2006.

Amendment to Table No.3.3 in Entitlement Matrix

Sl.No.

Item

Existing

Amendment

1.

Land Purchase Grant

1(a)2:Land Purchase Grant @ 25% of total compensation received will be available to those PAPs who lose more than 25% of their land holding and left with the less that minimum economic land holding (less than 1 HA of irrigated or 2 HA of un irrigated or equivalent)

Land Purchase Grant @ 25% of total compensation received will be available to those Project Affected Persons who lose more than 25% of their land holding in the village where the land is being purchased for Tamil Nadu Road Sector Project and are left with less than minimum economic land holding (less than 1 hectare of irrigated or 2 hectares of un irrigated or equivalent) in that village.

2.

House Construction Grant

1(b) Remarks (c):

The cost of house to be charged is limited to two thirds to non-vulnerable and one third to, vulnerable subject to maximum of compensation amount received.

The cost of house to be charged is limited two thirds to non-vulnerable and one-third vulnerable a subject to maximum of compensation amount received.  Optionally, House Construction Grant at 25% of the structure valuation of residential or commercial structure if the Project Affected Persons construct the residential or commercial structure in his own land at his cost with the assistance to compensation.  However, the House construction Grant shall not exceed Rs.25,000/- (Rupees Twenty five thousands only) irrespective of the structural value.

 (BY ORDER OF THE GOVERNOR)

            K. ALLAUDIN

SECRETARY TO GOVERNMENT

  
 


To

The Project Director, Tamil Nadu Road Sector Project, Adyar, Chennai-20

The Director of Rural Development, Kuralagam, Chennai-104

The Pay and Account Officer (South), Chennai-35

The Account General, Chennai-18/35

 Copy to:-

The Finance (PWI) Department, Chennai-9
The Chief Engineer, (GI), Highways Department, Chepauk, Chennai-5
The P.S to Secretary to Government, Highways Department, Chennai-500 009
The Sr.P.A to Minister (Highways), Chennai-9

SF/SC

 /FORWARDED BY ORDER/

 SECTION OFFICER.

  
 

Annexure – 6

IMPLEMENTATION ARRANGEMENTS

·                          The PIU is responsible for implementing the RAP in accordance with the provision of the R&R policy.  The PIU has built in certain organizational and institutional capacity, by the creation of a Social Development Unit (SDU) to ensure effective implementation of RAP in a timely and appropriate manner.           

·