rp: india: bidar sewage treatment plant, north karnataka ......the subproject at bidar proposes to...

Resettlement Plan __________________________ December 2011

IND: North Karnataka Urban Sector Investment Program- Bidar Sewage Treatment Plant

Prepared by the Government of Karnataka, Karnataka Urban Insfrastructure Development and Finance Corporation for the Asian Development Bank.

CURRENCY EQUIVALENTS (as of 02 February 2012)

Currency unit – rupee (INR) INR1.00 = $0.02037

$1.00 = INR 49.100

ABBREVIATIONS ADB – Asian Development Bank AP – Affected Person BPL – Below Poverty Line CBO – Community Based Organization CDO – Community Development Officer DC – Deputy Commissioner DLVC – District Level Valuation Committee EA – Executing Agency GoK – Government of Karnataka Ha – hectare IA – Implementing Agency IP – Indigenous Peoples IPDP – Indigenous People’s Development Plan KUIDFC – Karnataka Urban Infrastructure Development and Finance Corporation KUWSDB – Karnataka Urban Water Supply and Drainage Board LA – Land Acquisition LAA – Land Acquisition Act LS – Lump Sum M&E – Monitoring and Evaluation NGO – Non-Government Organization NKUSIP – North Karnataka Urban Sector Investment Program NPRR – National Policy for Resettlement and Rehabilitation IPC – Investment Program Consultants IPMU – Investment Program Management Unit RF – Resettlement Framework RP – Resettlement Plan ST – Schedule Tribe STP – Sewage Treatment Plant ToR – Terms of Reference ULB – Urban Local Body

WEIGHTS AND MEASURES

K - Kanal km – kilometer sq. ft. – square feet sq. m – square meter

GLOSSARY Affected Persons - are persons who have economic interests or residence within

the Investment Program impact area and who may be adversely affected directly by the Investment Program. Affected Persons include those displaced, those loosing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action, or having losses as described in the Entitlement Matrix. APs include both titled and non-titled persons experiencing resettlement impacts due to the Investment Program.

Assistance - refers to the support provided to APs in the form of ex-gratia payments, loans, asset services, training and skills development, etc. in order to improve the standard of living and reduce the negative impacts of the Investment Program.

Below Poverty Line (BPL) households

- are household whose monthly income is less than a designated sum as determined by the Government of Karnataka (Rs. 24,000 per annum), will be considered Below Poverty Line.

Vulnerable Households

- for Investment Program compensation entitlement purposes, are households headed by women, disabled persons, indigenous persons, and BPL households. Compensation refers to the amount paid under the Land Acquisition Act, 1894 (amended 1984), for private property, structures and other assets acquired for the Investment Program. In this context, compensation refers to payments made by the Government when title of a property is transferred from a private entity to the government.

Cut-off Date - the date of notification under Section 4 (1), of Land Acquisition Act will be considered as cut-off date for APs who have legal title to the land/property, proposed for acquisition. In the case of Squatters, Encroachers and unauthorized occupants the date of census/socio-economic survey conducted by the Implementation Agency will be considered as the cut-off date for entitlements under the Investment Program.

Deputy Commissioner

- Administrative head of a District

Enroachers - persons who have extended their building, agricultural lands, business premises or work places into government lands

Poverty Line - based on the poverty indicators identified by Government of Karnataka (INR 24,000 per annum).

Private Property Owners

- those who have legal title to land, structure and other assets

Replacement Value - of the acquired assets and property is the amount required for the Affected Household to replace/reconstruct the lost assets through purchase in the open market

Requisitioning Authority

- shall mean any company, a body corporate, an institution, or any other organization for whom land is to be acquired by the appropriate Government Agency, and includes the appropriate

Government Agency if the acquisition of land is for such Government Agency either for its own use or for subsequent allotment of such land in public interest to a body corporate, institution, or any other organization or to any company under lease, license or through any other system of transfer of land to such company, as the case may be. Squatters are those who have illegally occupied lands for residential, business and or other purposes

Tenants and Sharecroppers

- are those persons having bonafide written or unwritten tenancy agreements, with a private property owner having clear property titles, to occupy a structure or land for agricultural use, residence and business.

NOTE

In this report, "`" refers to Indian Rupee.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

TABLE OF CONTENTS EXECUTIVE SUMMARY

Page I. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 1

A. Introduction 1 B. Scope of Land Acquisition and Resettlement 1

II. SOCIO ECONOMIC INFORMATION/PROFILE OF AFFECTED PEOPLE 8 A. Household Details and Social Structure 8 B. Household Size, Sex, and Gender 8 C. Gender Impacts 8 D. Vulnerable Groups 8 E. Unit Costs for Land 8 F. Income and Occupational Pattern 9 G. Seasonal Laborers 9 H. Crop Loan 10 I. Consultation with APs 10 H. Cut- Off Date 10

III. OBJECTIVE, FRAMEWORK AND ENTITLEMENTS 11 IV CONSULTATION AND GRIEVANCE REDRESS PARTICIPATION 16

A. Information Dissemination, Consultation, and Disclosure Requirement 16 B. Grievance Redressal Mechanisms 16

V. COMPENSATION AND INCOME RESTORATION 19 A. Compensation 19 B. Income Restoration 19

VI. INSTITUTIONAL FRAMEWORK 20 VII. RESETTLEMENT BUDGET AND FINANCING 22 VIII. IMPLEMENTATION SCHEDULE 22 IX. MONITORING AND EVALUATION 22

APPENDIXES: 1. List of Participants/Official Consulted 2. Compensation Details (As Per General Award) 3. LA 6(1) Notification Copy 4. Land Aquisation – General Award Copy 5. Socio-Economic Survey Format 6. STP Sites & Affected Family Photos

Proposed Bidar STP Site Map

18

14

1

226

24

23

252728

7 22

GORNAHALLI

2 1

18

23

7

19

22

15

PROP. STP SITE

PL

AT

FO

RM

B

B

B

A

11K V HT Yard

( 24.00 X 10.00m)

MS

Ga

te 3

.00m

ts

T R-1T R-2

T R-3MC

8.00

P1 900mmØ

RCC pipe

L-6.0Mts

P3, 600mmØ MS Pipe

L- 1275.0Mts

P2 500mmØ RCC Pipe

L- 62.00Mts

P2

P2

P3

P4500mm

Ø M

S Pipe

L- 25.00Mts

P5

P7

P6

P8

P8

P9

P11

P11

P11

Sedimentation Tank - 1




Aerator Lagoon - 1

Aerator Lagoon - 2

Chlorination Tank - 1

Chlorination Tank - 2

Staff Quarters& Laboratory

ChlorinationRoom

R1

R1

R1

R1

R1

R2

R2

R2

R3

R3

R3

R3

R3

R3

R3

R4

MH2

NALA / DRAIN

P3, 600mmØ MS PipeL- 1275.0Mts

P3, 600mmØ MS Pipe

L- 1275.0Mts

P3, 600mmØ MS Pipe

L- 1275.0Mts

P3, 600mm

Ø M

S Pipe

L- 1275.0Mts

P5500mm

Ø M

S Pipe

L- 155.00Mts

P8500mm

Ø M

S Pipe

L- 135.00Mts

P8

P9600mm

Ø M

S Pipe

L- 275.00Mts

P9600mmØ MS Pipe

L- 275.00Mts

P9

P9

P111000mmØ RCC Pipe

L- 520.00Mts

P111000mmØ RCC Pipe

L- 520.00Mts

P10600mmØ RCC Pipe

L - 25.00Mts

MH1

MH3

P12150mmØ GSW Pipe

L- 230.00Mts

P12

P12

P12

P12

MH4

MH5

MH6 IC-1 IC-2 IC-4

IC-3

MH7

MH8

T2

P13110mmØ PVC Pipe

L - 65.00Mts

P13

T2

50.00

60.00

Gate

Gate

24.00

10.00

B

B

A

A

Aerator Lagoon - 3

Aerator Lagoon - 4

MH9

MH10

FUTURE EXPANSION

FUTU

RE E

XPAN

SIO

N

EXECUTIVE SUMMARY

A. Project Description and Background 1. The North Karnataka Urban Sector Investment Program (NKUSIP) proposes to improve the environmental quality of the urban areas through better urban infrastructure facilities and thus improve living conditions of the urban people. Bidar City Municipal Corporation (BCMC) is one of the program towns under NKUSIP. The subproject at Bidar proposes to lay trunk sewer for a length 11.91 km along with sub main and laterals for a length 45.10 km totaling 55.01 km. for design life of 40 years. In addition to sewer lines, 4 modular STP units of 34.53 MLD with FAL technology are also proposed at Gournalli village of Bidar City Municipal Council. The design provides scope to add units of smaller capabilities to cater the future demand of Bidar City Municipal Corporation beyond the year 2041. 2. Presently, project is being planned and implemented in Tranche 2 of NKUSIP to meet the demand for the year of 2041. The proposed STP for Bidar subproject is at Gournalli village (in the survey no. of 25/1B, 25/3B, 25/4B, 26/2B, 24, and 23/2) of CMC Bidar. This subproject is requires an area of 54.55 acres of land, total 53.55 acres of land is under private ownership and in addition of one piece of land i.e., one acres is located in survey no. 26/A2 land is belongs to KUWS&DB, proposed private land i.e., 54.55 acres of land is under acquisition process. B. Scope of Land Acquisition and Resettlement 3. The STP at Bidar requires 54.55 acres of land. The total 53.55 acres of land is belongs to 10 farmers and another one acre land is belongs to KUWS&DB and this land is dry and barren. The 6(1) notification is issued dated on.4.11.2010. and general Award issued on 17.10.2011.The short resettlement plan is prepared for ten affected households out of these 10 house hold 8 households are given socio economics data and other two families are refuse to give socio economic data.

4. To assess the resettlement impact of project the Socio-Economic survey was conducted between March to April 2009 and during June and October 2010 and again during December 2011. Only 8 households are provided socio economic data. It reveals that the land proposed for acquisition was under cultivation until 2007-08 and since last two years they are not cultivating it and left fallow. This land (53.55 acres) is belongs to 10 families with 74 persons. Amongst the 10 families eight are at Above Poverty Line (APL) and two families are at Below Poverty Line. The Socio - Economic condition of the PAPs are illustrated in Chapter-2 of this report. As the main income source of the Project affected persons (PAPs) is agriculture and subsidiary occupation (details are mentioned in table no.4), the project will affect all ten PAFs. Livelihood source of all PAPs will be affected due to this project

C. Objectives, Policy Framework and Entitlements 5. This Short Resettlement Plan is prepared to deal with the resettlement impact resulting from Construction of the Sewage Treatment Plant (STP), near Gournalli village of Bidar, CMC. The primary objective of this SRP is to restore the loss of income and living standards of the Affected Persons (APs) due to implementation of the project within a short period of time without any disruptions in their own economic and social environment.

6. As the land is under acquisition by CMC, Bidar, the RP has been prepared in accordance to the R&R policy framework approved for NKUSIP, which demands ensuring the rehabilitation of all project affected persons irrespective of their title. The project policy framework ensures full participation of PAPs in planning and implementation of RP.

D. Gender Impact and Mitigative Measures 7. A gender analysis was undertaken for the project during the social assessment study to look into the current status and needs of the affected women in the sub-project area and the potential impact of the project on them through discussions with the women. It was found that no one is women headed household in the proposed land. E. Information Dissemination, Consultation, disclosure and grievance redress 8. The SRP has been prepared in consultation with 10 affected families. Discussions and meetings were held involving stakeholders, particularly with affected households to determine the potential impact. During the public meetings PAPs had requested to provide alternate land for continuing their agriculture as they do not have other lands than this to earn livelihood. PAPs expressed their willingness to vacate the land provided that the alternative land and agricultural equipment are given. The 10 project affected families’ preferred/ indicated that Government should give them land for land or consider the existing market price of land and compensate accordingly. The RP will be disclosed in ADB’s and KUIDFC’s website, and information dissemination and consultation will continue throughout program implementation. F. Grievance Redressal Mechanisms 9. NKUSIP has worked out institutional arrangements for redressing the grievances of the PAPs in the project. The first level of screening of grievances shall be undertaken by the implementing NGO and DO, Gulbarga. Only major grievances shall be placed before the GRC (will be constituted as per the guide line). The GRC will determine the merit of each grievance and attempt to resolve the same within a month from the date of lodging of complaints, failing which the grievance shall be addressed to the Deputy Commissioner, Bidar. The GRC shall forward grievances of serious nature immediately on receipt of complaint to the Deputy Commissioner. The DC will hear appeals against the decision of GRC. The decision of DC is final and cannot be contested in any except in the courts of law. G. Compensation Relocation and Income Restoration 10. The land proposed for the project is under acquisition by CMC, Bidar and no further land acquisition is required. However, the resettlement and rehabilitation of project affected agricultural squatters to be ensured. As per the ADB’s involuntary resettlement policy all the APs are entitled to get the resettlement benefits irrespective to their title. As far as this project is concerned, the project affected persons are eligible to get mainly four type of assistance (i) Assistance for standing crops (If advance notice cannot be provided), (ii) Subsistence Allowance for one cropping cycle in case of seasonal crops (iii) Subsistence Allowance & Training allowance based on three months minimum wages and (iv) Assistance for purchase of Income generating assets, maximum for vulnerable PAPs

H. Institutional Framework 11. Karnataka Urban infrastructure Development & Finance Corporation (KUIDFC) is the nodal executing agency (EA) responsible for implementing NKUSIP. KUIDFC is a fully owned GoK company incorporated under the Companies Act, 1956. KUIDFC has already handled projects funded by multilateral financial institutions (MFIs) and is fully aware of MFIs financial management, accounting, reporting and disbursement policies and procedures. KUIDFC has a Social and Community Development Officer, who is a qualified sociologist. As far as institutional arrangement of this sub project is concerned NKUSIP will be appointing some external agencies to work with the- respective offices of the NKUSIP, (i) an apex NGO, who will be transferring the knowledge and skills to smaller NGOs and monitoring of their work while implementing the RP (ii) An NGO will be appointed for acting as Public Awareness Consultants for Community Awareness and Participation Program (CAPP), who will prepare and implement a communications strategy (iii) Implementing NGOs, each ULB will be engaging the services of an NGO with experience in social/gender development and with a track record in resettlement and rehabilitation for RP implementation and the Deputy Project Director and implementation officers of ULB will be coordinating and monitoring the resettlement activities. I. Resettlement Budget and Financing 12. The total R&R cost is estimated at Rs. 1, 38, 17,578.

J. Implementation Schedule 13. The RP implementation of the sub project will be in accordance with the guideline of the respective R&R policies approved for the project. While implementing the RP the activities such as, (i) Finalization of RP and Approval (ii) Appointment of RP implementation agency (iii) Issue of identity cards (iv)Payment of compensation and assistance for relocation (v) Training of vulnerable groups / income restoration activities (vi) Information sharing, consultations and disclosure meetings shall properly be implemented.

K. Monitoring and Evaluation 14. Monitoring involves periodic checking to ascertain whether activities are progressing according to RP. Monitoring will cover physical and financial components and provides a feedback to keep the program on schedule. RP implementation will be closely monitored to provide PMU with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. For monitoring and evaluation (M&E), IPMU will appoint an independent agency/Apex NGO to undertake external monitoring for the entire sub-project. The independent agency/Apex NGO will monitor the sub-project on a half yearly basis and submit its reports directly to the PMU. The PMU will submit all M & E reports to the ADB for review. (ULB officials will carry out internal monitoring, Internal monitoring will track indicators such as the number of families affected; resettled; assistance extended, infrastructure facilities provided, financial aspects, such as compensation paid, grant extended etc.

1

I. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Introduction 1. The Investment Program under NKUSIP will facilitate economic growth in 25 selected towns of North Karnataka and bring about urban development by means of equitable distribution of urban services in an environmentally sound and operationally sustainable manner. Tranche II of the project is focus on rehabilitation and construction of water supply, sewage, and urban drainage infrastructure as well as slum improvements and procurement of firefighting and emergency services equipment. Bidar subprojects include water supply and sewage. The Investment Program is designed to minimize land acquisition and resettlement impacts. B. Scope of Land Acquisition and Resettlement 2. The Project is designed to minimize land acquisition and resettlement impacts. Subprojects involving construction of water supply, sewage and sanitation systems, and drainage improvements are proposed on vacant government land wherever possible, and any rehabilitation is proposed within the existing facilities’ premises to avoid land acquisition and resettlement. Overall impacts will be further minimized through careful siting and alignment during detailed design and subproject implementation. 3. The Bidar subproject is falls under Category B as per ADB Policy. Permanent land acquisition is required for a Sewage Treatment Plant (STP) is 53.55 acres of land. The total 54.55 acres of land is required for the Bidar subproject., from the proposed area 53.55 acres of land of is belongs to private agricultural land and remaining one acre of land is belongs to KUWS&DB and the plant is to meet the estimated demand of the year 2041. As indicated by this RP, the nature of land acquisition is not significant (10 households and one KUWS&DB). The RP was prepared in accordance with the agreed upon Resettlement Framework (RF). 4. Table-1 provides the summary of the resettlement impacts. Table 2 provides a summary of the sub-project components and land acquisition requirements. Table 3 provides a detailed summary of land acquisition and ownership. Impacts on Gournalli village are mainly on agricultural plots with no structures or illegal settlers. APs in Gournalli are characterized as follows: (i) the two agriculture title holder belong to Below Poverty Line (BPL) vulnerable households and remaining eight APs belong to APL household (ii) no one are seasonal farm laborers. Table, 5. Extent & percentage of private land acquired. Table 6: Checklist followed for identification of APs – Gournalli STP site. The RP includes socio-economic profiles of the affected persons and provides for appropriate compensation/mitigation measures for loss of land, crops, and income in accordance with the entitlement matrix (Table 7). No permanent or temporary land acquisition is anticipated for the laying of distribution networks as works are proposed within the existing roads. Any temporary impacts will be finalized during detailed design and minimized through careful siting, alignment, and site sensitive construction practices during subproject implementation.

Table 1: Summary of the resettlement impacts Sr. No.

Sector Sub-Project Components Scope of LA and Resettlement Involuntary Resettlement Category

2

Sr. No.

Sector Sub-Project Components Scope of LA and Resettlement Involuntary Resettlement Category

(i) Sewage and Sanitation

Laying of sewer network for one zone 55.01 km length for 2041

Pipe laying for sewers will be within road corridors, possibly requiring temporary relocation of hawkers– to be determined at detailed design stage. Temporary LA and Relocation possible

B

Developing a sewage 34.53 MLD to cater 2041 with population of 411027

STP to be constructed on 54.550 acres of private land owned by Gournalli land owners and KUWS&.DB. Land totally under private ownership LA required, No Displacement envisaged.

Table 2: summary of the sub-project components and land acquisition requirements Impact Bidar STP

Permanent Land Acquisition 54.55 acres ( 01 acre land is belongs to KUW&DB)

Permanently Affected Households (Ahs) 10 households and another one piece of land is belongs to Karnataka Urban Water Supply Drainage Board

Titled Ahs 10 Non-titled Ahs 0 BPL AH 01 APL AH 07 Female-headed AH 0 IP/Schedule Caste AH 0 Affected Trees/Crops / trees 0 Affected Common Structures 0 Average Family Size Average family size is 7-8 APs Income Sources Permanently affected persons Farming and nonfarm occupation

Note: Two families have not given their family details.

Table 3: Detailed summary of land acquisition and ownership Sl. No.

Survey No.

Component

Private owned

Owner Name Total extent of Land

Proposed Land for acquisition Acre.

Soil Type

Land Type

Crops name

# of APs

1. 25/1B

Sew

age

Trea

tmen

t Pla

nt

Private

Iramanni W/o Subhash Zareena Anjum W/o Abdul Maqsood Abdul Moiz S/o Abdul Azeez

3.375 1.50 1.00

2.975 0.25 0.025

Red Dry Open land

06

2. 3.

25/3B 25/4B

Red Dry Open land

04 06

4. 25/4 Private Gangubai w/o Narasingh

0.25 0.25 Red Dry Open land

No details

5. 25/3B Private Girish kumar s/o Madhav rao

0.75 0.75 Red Dry Open land

No details

3

6. 26/A1 Private Ramchandra S/o Gundappa

3.30 3.45 3.75

4.00

Red Dry Open land

06/BPL

7. 26/A2 Govt. Land

Karnataka Urban Water Supply Drainage Board

Red Dry Open land

Govt Institution

8. 26/E Private Basavaraj S/o Sangramappa

Red Dry Open land

07

9. 24 Private Madhav Rao S/o Neelkanth Patil

24.300

24.30 Red Dry Open land

13

10. 23/1 Private

Balvant Rao S/o Dattoji Panddari S/o Dhondiba

15.475 15.925

11.00 11.00

Red Dry Open land

20

11. 23/2 Red Dry Open land

07

Total Extent and Proposed Land for Sewage Treatment Plant

73.4 54.55 71 APs

*Barren land with red soil.

4

Table 4: Socio-economic Data of Affected Persons Sr. No.

Name of Landowner

Household members – Relation with Landowner

Age Sex Education Main Occupation

Subsidiary Occupation

Total extent of Land under Possession in acre

Total extent of Land proposed for Acquisition In acre

Average annual income of Household

Average annual income from affected Land

Household Assets

1. Iramanni Self 55 F 2nd Housewife Agriculture* 3.375 2.975 100000 - TV four wheeler

2. Dr.Subhash Pollo Husband 61 M MBBS Doctor professional

3. Avinash Son 35 M D.Pharma Business 4 Anuradha Daughter

in law 30 F SSLC Housewife Agriculture*

5. Aditya Grand son 11 M 6th Studying 6. Gokul Grand son 05 M 1st Studying 7 Zareena Anjum

W/o Abdul Maqsood

Self 48 F 10th Housewife Agriculture* 1.50 0.25 300000 - TV Four wheeler

8 Abdul Maqsood Husband 52 M MBBS Doctor 9 Moh.Mustafaa Son 22 M MBBS Studying 10 Isharant Fatima Daughter 20 F MBBS Studying - 11 Gangu bai w/o

Narasingh self Refusing to provide family details. They says their land is not included in land acquisition 4(1) and 6(1) Notification and

surprise to know that their land is included in the General Award. 12 Girish s/o

Madhav rao Self Refusing to provide family details. They says their land is not included in land acquisition 4(1) and 6(1) Notification and

surprise to know that their land is included in the General Award. 13 Abdul Moiz Self 59 M MSc Agriculture Retired

officer (Dept. Pollution control Board)

1.00 0.025 120000 - TV

14 Zareena Wife 50 F B.Sc. Housewife Agriculture* 15 Abdul Azeem Son 30 M MBA Agriculture Agriculture* 16 Hasana Daughter

in law 26 F B.Sc. Housewife Agriculture*

17 Furqhan Son 18 M BE Studying 18 Samreen Daughter 22 F MBBS Studying 4.25 Ramchandra S/o Not Alive

5

Sr. No.

Name of Landowner








Household Assets

Gundappa 19 Anil S/o

Ramchandra Self 34 M BSC. Agriculture Agriculture* 3.30 acres 23000 - TV

20 Tejamma Mother 50 F Illiterate Agriculture Agriculture* 21 Renuka Wife 28 F Illiterate Agriculture Agriculture* 22 Gulappa Son -1 8 M 2nd Studying 23 Kalpana Daughter 5 F UKG Studying 24 Prabhu Son -2 2 M - - 25 Basavaraj S/o

Sangram Self 55 M BSC Service Agriculture* 3.75 acres

- 400000 - TV four

wheeler 26 Rajeshwari Wife 45 F Illiterate Housewife Agriculture * 27 Udaykant Son -1 30 M BBM Agriculture Agriculture* 28 Prashant Son -2 28 M SSLC Agriculture Agriculture* 29 Gajanan Son -3 26 M BCA Agriculture Agriculture* 30 Shivaleela Daughter

in law-1 23 F PUC housewife Agriculture*

31 Kaveri Daughter in law-2

22 F PUC Housewife Agriculture*

4.00 32 Madhav rao S/o

Neelkanth Self 80 M SSLC Agriculture Agriculture* 24.30 24.30 150000 - TV

33 Maniya bai Wife 70 F Illiterate Housewife Agriculture* 34 Vijay Kumar Son-1 45 M SSLC Agriculture Agriculture* 35 Rajamma Daughter

in law 35 F SSLC Agriculture Agriculture*

36 Rahul Grand son 20 M BE (NIIT madras)

Studying

37 Rohit Grand son 17 M PUC Studying 38 Govind Son-2 35 M 7th Agriculture Agriculture* 39 Manjula Daughter

in law 30 F SSLC Agriculture Agriculture*

40 Rishikesh Grand son 6 M 1st Studying 41 Abhishek Grand son 4 M UKG Studying

6

Sr. No.

Name of Landowner








Household Assets

42 Balaji Son -3 30 M Diploma in Nursing

Staff nurse-service

43 Abhishakti Daughter in law

28 F Diploma in Nursing

Staff nurse-service

44 Krishna Grand son 05 M UKG Studying

45 Ballavant Rao S/o Dattaji

Self 70 M Illiterate Agriculture Agriculture* 15.475 11.00 400000 400000 TV

46 Parag Bai Wife 65 F Illiterate Housewife Agriculture* 47 Dattu Rao Son 45 M SSLC Agriculture Agriculture* 48 Viju Bai Daughter

in law 35 F Primary Housewife Agriculture*

49 Krishana Grand son 19 M B.A Studying 50 Pappu Grand Son 18 M PUC Studying 51 Ansuya Bai Grand

Daughter 17 F PUC Studying

52 Santosh Rao Son-2 40 M SSLC Agriculture Agriculture* 53 Sunita Bai Daughter

in law 34 F Primary housewife Agriculture*

54 Soni Grand daughter

13 F 7th Studying

55 Ashok Son -3 35 M SSLC Agriculture Agriculture* 56 Manju Bai Daughter

in law 30 F Primary Housewife Agriculture*

57 Ansu Bai Grand Daughter

13 F 7th Studying

58 Havala Bai Grand daughter

14 F 8th Studying

59 Moana Bai Grand daughter

10 F 4th Studying

60 Deepa Bai Grand daughter

6 F 1st Studying

61 Satish Grand son 2 M - - 62 Shivaji Son-4 30 M PUC Agriculture Agriculture*

7

Sr. No.

Name of Landowner








Household Assets

63 Geeta Bai Daughter in law

28 F Primary Agriculture Agriculture*

64 Gokul Grand son 2 M - - 65 Pandharinath Self 59 M B.A,L.L.B Lawyer Agriculture* 15.925 11.00 400000 - TV, Four

wheeler 66 Ahilya Bai Wife 50 F SSLC Housewife Agriculture* 67 Sundara Bai Mother 78 F 4th Old age 68 Prakash Patil Son 30 M B.A,L.L.B Lawyer Agriculture * 69 Sneha Patil Daughter 25 F M.Sc,

B.Ed Govt. Employee

70 Bharati Patil Daughter 24 F M.Sc At home 71 Kiran Patil Daughter 23 F B.E. Studying 22.00 Note: * is Indicat the person who is considered for Subsidiary allowance Presently (Girish s/o madhav Rao and gangu bai w/o Narasingh ) is not available in Gournalli village. And also theese two affected families are refuse to give their family details. When they were contacted over phone. Only one person per family considered of these two house hold as APs.

8

II. SOCIO-ECONOMIC INFORMATION/PROFILE OF AFFECTED PEOPLE A. Household Details and Social Structure 5. The land proposed for STP at Bidar are located in identified survey no 25/1B, 25/3B, 25/4B, 26/2B, 24, and 23/2 Near Gournalli village. A survey of the ten subproject affected households (APs) was carried out in the month of May 2009 to June 2009 and July 2010 October 2010 and again December 2011. The 6(1) notification is issued on 4.11.2010. Table 4 provides the socio economic data of the 71 APs (10 title holders). Amongst ten affected families, 2 are nuclear nature and 6 are living under joint family. The average size of the family is 7-8 and total number of affected persons is 71. Amongst these, Two HHs are Muslims and six are Hindu HHs. There are no Indigenous or vulnerable groups identified. Of the ten land owners, all of them (except six members) are educated. All the households possess ration cards, One family belongs to BPL and another seven families belongs to APL families. All eligible members of the households are included in the voters list. During the socio –economic survey the Land records of these affected families were also checked to verify the details of ownership. The government expressed an interest to go for direct negotiations with the land owners, if the owners are willing which had not materialized. All land owners requested the authorities to give them land for land or consider the existing market price of land and compensate accordingly. The land owners opined that the land selected for STP being very near to the city would fetch them a good market price and hence demanded the market price for sparing the same. B. Household Size, Sex, and Gender 6. The average family size amongst the surveyed affected households (AH) is 7-8. The ten affected households have 71 members of whom 37 are male and 34 are female. The four affected households live in their own houses near by the land identified for acquisition and six affected household live in Bidar. C. Gender Impacts. 7. The NKUSIP is designed to have a positive impact on women, resulting from better service delivery systems in Sewage system facilities at the city level and in low income/below poverty line households. No one of the (land) survey number proposed for acquisition belongs to women/female headed households. The proposed land acquisition however will not have any potential impacts on female members of affected households. The socio-economic status of households affected by the selection of (land) survey numbers of the sub-project in Bidar indicates no direct negative impacts, on women. D. Vulnerable Groups 8. There are two affected households qualifies as vulnerable (BPL) under the project and as eight affected households surveyed belong to above the poverty line (APL). The Urban Poverty line for entire Urban Karnataka as prescribed by the Swarna Jayanthi Shahari Rozgar Yojane (National Poverty Alleviation Programme) and followed by the ULBs is Rs. 23,124/- , which is considered as Poverty Line Income. According to Table 4, the annual income of the affected APL household is above Rs 24200/annum E. Unit Costs for Land 9. The unit cost is as per General Award.

9

F. Income and Occupational Pattern 10. Amongst the 71 persons in ten households, twenty two are studying,8 are non-earning and remaining 41 are working/earning members. Out of Forty one earning members three are Government employees, Thirty five depend on Agriculture and remaining three are working in private sector. 11. The land subjected for acquisition is located in Survey no. 25/1B, 25/3B, 25/4B, 26/2B, 24, and 23/2 of Gournalli village. Five families are depending on agriculture as their primary occupation and raise kharif crops such as Jawar. Presently they are not growing any crops in these lands. Amongst other affected one is employed as district General Manager in DCC Bank Bidar, one is employed in private hospital and one each is working as a Doctor, system engineer and lawyer.The land in Survey No 26/A2 is under the ownership of KUWS & DB . 12. The land proposed STP is dry and fallow and not under cultivation for last two years. However, agriculture is primary occupation for all the four families. 13. These land has no standing tree of any variety. The record of rights of the land does not reflect the lien of any financial institution showing that they have no financial assistance borrowed for crop productions. Residual land is available with all 7 owners even after acquisition of proposed land.

Table 5: Extent & percentage of private land acquired in case of Bidar STP

Sl. No.

Component Name of the land owner

Total land holding

Acre

Total land Acquired for STP

Acre

Percentage of Land acquired

1.

SE

WA

GE

TRE

ATM

EN

T P

LAN

T

Iramanni W/o Subhash Zareena Anjum W/o Abdul Maqsood Abdul Moiz S/o Abdul Ajeej Gangubaiw/o Narasingh Girish s/o madhav rao

3.375

1.50

1.00 0.25 0.75

2.975

0.25

0.025 0.25 0.75

62.96 2 3

4 5

Total 6.75 4.25 62.96 6 Ramchandra S/o Gundappa

Karnataka Urban Water Supply Drainage Board Basavaraj S/o Sangramappa

3.30 3.45 3.75

4.00 38.09

7

8 Total 10.5 4.00 38.09

9. Madhav Rao S/o Neelkanth Patil 24.300 24.30 100 24.300 24.30 100

10 Balvant Rao S/o Dattoji Panddari S/o Dhondiba

15.475 15.925

11.00 11.00 69.07 11

Total 31.85 22.00 69.07 Grand Total 73.4 54.55 74.31

G. Seasonal Laborers

14. The discussion with the proposed STP land owners who are cultivating the land before

10

two years back reveal that they cultivate the land with the help of about 4-10 part-time/seasonal agriculture labors. It is found that as though the extent of land proposed for acquisition is large, presently no agricultural activity is happening in this land. Hence acquisition of land by Bidar ULB not has major impact on the income of agricultural labor due to the Investment Program at the proposed site. Also, advanced notice will be provided, to the extent possible, for seasonal laborers who farm affected lands in order to provide them sufficient time to seek alternative farming opportunities. Seasonal labors are considered transient, therefore not working in the same plot year to year. Impacts to these people is therefore considered limited. H. Crop Loan 15. None of the land owners whose land is proposed to be acquired has availed institutional assistance / finance for growing crops. I. Consultations with APs 16. The Bidar STP location was determined based on a detailed topographic survey & further consultation with City Municipal council, Bidar. The Bidar ULB then identified the survey numbers. A socio-economic survey was conducted for land owners of identified survey numbers. 17. Consultations with APs indicated their preference of compensation to be paid at replacement value, to enable them to buy land of similar area and potential in the open market rate possibly involving similar commuting requirements and costs as their current land. All APs indicated preference for cash compensation instead or land-for-land option. J. Cut-Off Date 18. The socio-economic survey was conducted to determine the likely impacts of land acquisition and to confirm the Resettlement Framework and Entitlement Matrix. The date of 4 (1) and 6 (1) notifications, issued through DC to intimate Landowners about the Bidar sub-project and land acquisition will be considered as cut-off date to finalize the list of APs. Any person who was not enumerated but can show documentation or evidence that he/she is rightfully an entitled person will be included in the list of APs. The Program Management Unit (PMU) is responsible for such verification and adjustment.

Table 6: Checklist followed for identification of IPs – Gournalli STP site Impact on indigenous peoples

(IPs)/ Ethnic minority (EM)

Not Known Yes No Remarks or identified problems, if any

Are there IPs or EM groups present in Investment Program locations? √ ADB’s Indigenous Policy uses the following

characteristics to define indigenous people (i) descent from population groups present in a given area before territories were defined; (ii) maintenance of cultural and social identities separate from dominant societies and cultures; (iii) self-identification and identification by others as being part of a distinct cultural group;

I linguistic identity different from that of dominant society; (v) social, cultural, economic, and political traditions and institutions distinct from dominant culture; (vi) economic systems oriented more towards traditional production systems rather than mainstream; and (vii) unique ties and attachments to traditional habitats and

Do they maintain distinctive customs or economic activities that may make them vulnerable to hardship?

√

Will the Investment Program restrict their economic and social activity and make them particularly vulnerable in the context of Investment Program?

√

Will the Investment Program change their socioeconomic and cultural integrity?

√

Will the Investment Program disrupt √

11

their community life? ancestral territories. Likewise, the President of India under Article 342 of the Constitution uses the following characteristics to define indigenous peoples [Scheduled Tribes (ST)], (i) tribes’ primitive traits; (ii) distinctive culture; (iii) shyness with the public at large;(iv) geographical isolation; and (v) social and economic backwardness before notifying them as a Scheduled Tribe. Essentially, indigenous people have a social and cultural identity distinct from the ‘mainstream’ society that makes them vulnerable to being overlooked or marginalized in the development processes. No AP possesses the characteristics of indigenous people based on ADB’s policy. The LA and resettlement impacts on indigenous people, if found during detailed design, are addressed in the RF for NKUSIP.

Will the Investment Program positively affect their health, education, livelihood or social security status?

√

Will the Investment Program negatively affect their health, education, livelihood or social security status?

√

Will the Investment Program alter or undermine the recognition of their knowledge, preclude customary behaviors or undermine customary institutions?

√

In case no disruption of indigenous community life as a whole, will there be loss of housing, strip of land, crops, trees and other fixed assets owned or controlled by individual indigenous households?

√

III. OBJECTIVE, FRAMEWORK AND ENTITLEMENTS

19. The NKUSIP Resettlement Framework outlines the objectives, principles and procedures for land acquisition, compensation and other assistance measures for affected persons. For the formulation of this Short Resettlement Plan (RP), the resettlement principles outlined in the Resettlement Framework (RF) are adopted.

(i) Involuntary resettlement should be avoided whenever feasible. (ii) Where population displacement is unavoidable, it should be minimized by

providing viable livelihood options. (iii) If individuals or a community must lose all or part of their land, means of

livelihood, or social support systems, so that a project might proceed, they will be compensated and assisted through replacement of land, housing, infrastructure, resources, income sources, and services, in cash or kind, so that their economic and social circumstances will be at least restored to the pre-project level. All compensation is based on the principle of replacement cost.

(iv) Each involuntary resettlement is conceived and executed as part of a development project or program. The APs need to be provided with sufficient resources to reestablish their livelihoods and homes with time-bound action in co-ordination with civil works.

(v) The affected people are to be fully informed and closely consulted. Affected people are to be identified and recorded as early as possible in order to establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits.

(vi) Institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported. Affected people are to be assisted to integrate economically and socially into host communities so that adverse impacts on the host communities are minimized and social harmony is promoted.

(vii) The absence of a formal title to land is not a bar to ADB policy entitlements. (viii) Affected people are to be identified and recorded as early as possible in order to

establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a

12

subsequent influx of encroachers or others who wish to take advantage of such benefits.

(ix) Particular attention must be paid to the needs of the poorest affected people, and vulnerable groups that may be at high risk of impoverishment. This may include those without legal title to land or other assets, households headed by females, the elderly or disabled and other vulnerable groups, particularly indigenous peoples. Appropriate assistance must be provided to help them improve their socio-economic status.

(x) The full resettlement costs are to be included in the presentation of project costs and benefits.

20. Entitlements. The entitlement matrix provides guidance for compensation, resettlement, and rehabilitation assistance planning. Lack of title / customary rights recognized under law will not be a bar to entitlement. Hence, non-titled encroachers and squatters as well as indigenous or other groups with customary rights over land or resources, if present in the project area, will be eligible for compensation (the Entitlement Matrix provides additional entitlements to vulnerable person). 21. However, people moving into the project area after the cut-off date are not entitled to compensation or other assistance. The Entitlement Matrix lists various types of losses, identification/eligibility and entitlements and provides basic parameters for preparation of compensation and resettlement benefits. The Entitlement Matrix provides for all possible categories of losses to ensure that all resettlement impacts of all sub-project components to be finalized during detailed design will be addressed. The Entitlement Matrix is provided below.

13

Table 7: Entitlement Matrix SL. No.

Type of losses

Applications Definition of Entitled person

Compensation Policy Implementation Issues

Responsible Agency

1 Loss of private land

Homestead land, agricultural land, or vacant plot

Owner (s) with legal title 1. Replacement/market value of land or land-for-land where feasible (including compensation for non-viable residual portions). 2. Subsistence allowance4 based on three months minimum wage rates. 3.Free transport facility or shifting assistance5; 4. Provision of all fees, taxes, and other charges (registration, etc.) incurred for replacement land. 5. Additional compensation for vulnerable6 households (Item 4).

If land-for-land is offered, ownership will be in the name of original landowner(s).7 Charges will be limited to those for land purchased within a year of compensation payment and for land of equivalent size. Vulnerable households will be identified during the census conducted as a part of the RP.

DLVC will determine replacement value. ULB will confirm minimum wage rates during detailed socioeconomic Surveys conducted as part of the RP, determine shifting assistance, verify all charges, and identify vulnerable households

2 Loss of Livelihood

Livelihood Business owner, tenant, leaseholder, or employee/agricultural worker

1. Assistance for lost income based on three months minimum wage rates. 2. Additional compensation for vulnerable households (Item 4).

Vulnerable households will be identified during the census conducted as a part of the RP

ULB will confirm minimum wage rates during detailed socioeconomic surveys conducted as part of the RP, and through NGOs will determine assistance for loss of business, and will identify vulnerable households.

3 Loss of trees and crops

Standing trees and crop

Owner/ farmer with legal title, tenants, leaseholders, sharecroppers,

1. Notice to harvest standing seasonal crops. 2. If notice cannot be provided, compensation for standing crop (or share of crop for sharecroppers) at market value. 3. Compensation for perennial crops and fruit bearing trees at annual net product market value multiplied by remaining productive years. 4. Compensation for non-fruit trees at market value of timber. 5. Subsistence allowance for one

Harvesting prior to acquisition will be accommodated to the extent possible. Work schedules will avoid harvest season. � Market value of trees/crops has to be determined.

ULB will ensure provision of notice. DLVC will request the Departments of Agriculture, Forest, and Horticulture to undertake valuation of standing crops, perennial crops and trees. DLVC will finalize compensation rates in consultation with APs.

14

SL. No.

Type of losses

Applications Definition of Entitled person

Compensation Policy Implementation Issues

Responsible Agency

cropping cycle in case of seasonal crops.

4 Impacts on Vulnerable APs9

All impacts Vulnerable APs 1. Land. Further to Item 1, in case of loss of private land, land-for-land compensation if feasible/available. 2. Livelihood. Vulnerable households will be prioritized in Investment Program employment. Skills training and subsistence allowance based on three months minimum wage rates to augment current livelihood. Assistance up to a maximum limit of Rs.30,000 for purchase of income generating assets. 10

Vulnerable households will be identified during the census conducted as a part of the RP. If land-for-land is offered, ownership in the name of original landowner(s).

ULB will identify vulnerable households, confirm minimum wages, and through NGOs will determine assistance for loss of business.

5 Temporary Disruption of livelihood

Commercial and agricultural activities

Owners, tenants, leaseholders, sharecroppers, employee/agricultural workers, hawkers or vendors.

1. Provision of alternative sites for hawkers and vendors for continued economic activity will be part of project design where possible. 2. In case alternative sites cannot be provided, allowance based on minimum wage rate will be provided. 3. Free transport facility or shifting assistance. 4. Compensation for agricultural losses

(Item 3).

During construction, the ULB will identify alternative temporary sites for vendors and hawkers to continue economic activity. ULB and IPMU will ensure civil works will be phased to minimize disruption.

ULB will identify alternative sites for economic activity, and will confirm minimum wage.

6 Any other loss not identified

1. Unanticipated involuntary impacts shall be documented and mitigated based on the principles provided in the ADB IR Policy.

ULB

3 The date of 4(1) notification, issued through DC to intimate land owners bout the Shahabad sub-project and land acquisition, will be considered as cut-off date

to finalize the list of titled APs. Any person who was not enumerated but can show documentation or evidence that he/she is r ightfully an entitled person will be included in the list of APs. The Program Management Unit (PMU) is responsible for such verification and adjustment.

4 Subsistence allowance is a transitional allowance for APs provided for utilization/consumption until an alternate source of livelihood is obtained. 5 Shifting assistance will be a one-time payment decided based on the amount of material/assets to be shifted and the distance. Alternatively the ULB may

provide free transport facilities. 6 Vulnerable household comprise female-headed household, disabled-headed household, indigenous person-headed households and Below Poverty Line

households.

15

15

7 Joint ownership in the name of husband and wife will be offered in case of non-female-headed households. 8 The District Level Valuation Committee (DLVC) chaired by Deputy Commissioner will be responsible for determining the Replacement Value of land and

structures. Other members of the DLVC shall comprise the Land Acquisition Officer of the Project Management Unit (IPMU), the ULB’s Resettlement Officer, representative of the Affected Persons, and the implementing NGO.

9 Vulnerable household comprise female-headed household, disabled-headed household, indigenous person-headed households and Below Poverty Line households.

10 NGO will assist the ULB in beneficiary identification, purchasing income generating assets etc. Examples of income generating assets are tools for carpenters or mechanics, sewing machines for tailors etc., which would be AP-specific.

16

Table 8: Details of compensation on land acquisition

IV. CONSULTATION AND GRIEVANCE REDRESS PARTICIPATION

A. Information, Dissemination, Consultation, and Disclosure Requirement 22. A consultation program was conducted with all APs. Bidar ULB officials and consultants disclosed the information about the Investment Program and the sub project proposed in Bidar. Suitability of identified land for expansion of existing STP was also explained to all affected landowners. A majority of the affected landowners were in fact aware about the project need as part of their land will be acquired. However, landowners expressed interest in knowing the procedures for land acquisition and the approximate amount of compensation which will be offered to them under the Investment Program. It was communicated during consultations that the Bidar ULB will disclose all relevant information about land acquisition to APs, and that it is mandatory under the Investment Program. 23. Consultations with APs indicate that the APs wanted compensation that will permit them to buy land of similar area and potential in the open market and possibly involve similar commuting patterns and costs as the land to be acquired. All APs indicated preference for cash compensation as per present market rate or land-for-land option.

24. Further, during SRP implementation, the implementing Non Governmental Organization (NGO) will ensure each AP are consulted to inform them about the outcome of the decision-making process, and confirm how their views were incorporated in sub-project design. Copies of the Resettlement Framework and SRP will be made available both in English and Kannada at the Bidar ULB Office for reference. The SRP shall be brought to the notice of all APs with the help of the implementing NGO. The Executing Agency (EA) will prepare a resettlement booklet elaborating AP entitlements and the sub-project implementation timetable. B. Grievance Redressal Mechanisms 25. A Grievance Redressal Committee (GRC) will be formed to ensure that grievances are addressed in a timely manner, facilitating timely project implementation. The GRC will comprise representatives from APs (ensuring representation of vulnerable households), local

Sl No Details For 54.55 Acres of Land Remarks 1 No of Land Owners 11 - 2 No of Affected Families 10 (one is KUWS&SB) - 3 No of Affected persons 71 (from 10 AHH) - 4 Crops impacted - - 5 Budget Rs. 1,38,17,578 A Compensation to be paid to the land

Owners As per general Award.

-

B Registration charges for the Land - - C Subsistence Allowance to be paid to the

Affected Persons including additional provisions for vulnerable persons

Rs. 150 per day for 90 days

As per the Entitlement Matrix

D NGO Charges for CP Activities As per the Project Norms

17

government/Bidar ULB, Investment Program Officials – Deputy Project Director of NKUSIP, and NGOs/ community based organizations (CBOs). The GRC will redress grievances at the local-level in a consultative manner and with the participation of the affected households, or their representatives. GRC meetings will be convened as necessary to address complaints as they arise. The time and date of GRC meetings will be announced to APs by the implementing NGO and RO a week in advance. To further ensure GRC accessibility to APs, the implementing NGO and RO will inform APs on grievance Redressal procedures, the functions of the GRC, and how to access the GRC. The grievance Redressal process is shown in Figure 1. The first level of screening of grievances shall be undertaken by the implementing NGO and the Bidar ULB Resettlement Officer (RO). Only major grievances shall be placed before the GRC. The GRC will determine the merit of each grievance and attempt to resolve the same within a month from the date of lodging of complaints, failing which the grievance shall be addressed to the Deputy Commissioner (DC). The GRC shall forward grievances of serious nature immediately on receipt of complaint to the DC. The DC will hear appeals against the decisions of GRC. The decision of DC is final and cannot be contested in any other forum except in the Court of Law. All costs incurred in resolving the complaints will be borne by the Bidar ULB.

18

Figure 4: Grievance Redressal Process

Major Grievances

Not Addressed

Major Grievances

Not Addressed

Not Addressed

Affected Persons

Grievance Addressed

Implementing NGO and RO

GRC

Grievance Addressed

Deputy Commissioner

Grievance Addressed

COURT

19

V. COMPENSATION AND INCOME RESTORATION A. Compensation 26. All Affected Persons will be entitled to resettlement and rehabilitation benefits as per the Entitlement Matrix. In case of land acquisition, the replacement cost will form the compensation. Loss of income/livelihood will be compensated within the overall resettlement package in accordance with the entitlement matrix (see below). A DLVC will determine the replacement value of the land. Compensation and Resettlement package entitlements will be paid before the start of civil works. In case there remains an outstanding loan taken on the land proposed for acquisition, if not repaid till the time of acquisition, a portion will be deducted from the total compensation, and the rest will be settled in a phased-manner, in consultation with the AP. 27. Payment of land price and other approved package of assistance will be made to the titleholder through the issuance of a bank cheque to ensure a transparent disbursement process. The cheque will be issued by the DC, after the Bidar ULB deposits the amount with the DC. Payments to APs are to be done before commencement of civil works. B. Income Restoration 28. APs affected by permanent land acquisition for the proposed STP sites have been identified. The Investment Program will provide the 10 affected household’s subsistence/transitional allowance for three months based on minimum wages and will provide free transport facilities/shifting assistance and from these families one family belongs to vulnerability so this family will get the additional compensation. Since all the land to be acquired from the APs is a source of income, APs will be provided assistance for lost income based on three months minimum wage rates. Land is proposed for acquisition during the non cropping season, to minimize the negative economic impacts on APs. 29. These APs have been consulted during the socio-economic survey. The Bidar City Municipal Council will identify if land-for-land compensation is feasible for 53.55 acres (for 2041 required 54.55 acres of land, 53.55 is belongs private ownership and 1 acre is KUWS&DB) of land compensation is feasible will provide the option to APs. Implementing NGOs will also provide information to households on available land in the community. Should APs acquire replacement land; the Bidar ULB will provide all fees, taxes, and other charges incurred for the replacement land. If the AP decides on replacement land, an income restoration strategy will focus on restoring agricultural activity previously undertaken by the AP, and assistance in productivity improvements (such as provision of agricultural inputs required for improved yields, and training on improved post-harvest practices) production. 30. APs for other components of the sub-project which are anticipated to experience temporary impacts from laying of pipes and road improvement will be provided assistance in restoring their income in accordance with the Entitlement Matrix. Income restoration schemes will be designed in consultation with APs. Income restoration schemes will be tailored to the needs, capabilities and preferences of APs, and the absorptive capacity of the local economy. The Strategy for Income Restoration will be prepared prior to land acquisition. 31. The Investment Program will provide APs with (i) subsistence/transitional allowance, and (ii) shifting assistance to restore the APs income in the very short-term. Beyond the very short-term, the Investment Program will restore the APs source of income prior to land acquisition, and/or increase existing sources of income.

20

VI. INSTITUTIONAL FRAMEWORK 32. Effective Short Resettlement Plan preparation and implementation will be ensured through coordination between Bidar District Authorities, the Bidar ULB as requisitioning authority and the PMU. The Bidar ULB will have the responsibility of ensuring that SRPs are finalized and approved prior to award of contracts for the sub-project, and for monitoring any changes to project design, which may require re-evaluation of the need for and adequacy of the SRP. The Bidar ULB will hire an experienced NGO to assist in the preparation and implementation of the SRP. The Implementing NGO’s main activities will include AP counseling and encouraging productive utilization of compensation and rehabilitation grants.. The Bidar ULB will also designate a Tahsildar as RO to supervise and conduct internal monitoring of the implementation work. The RO will be adequately supported by the DLVC in terms of all valuations, due diligence carried out on affected persons’ properties and Empowered Committee decision on acquisition. 33. The PMU will ensure that the land acquisition and rehabilitation processes followed under the Investment Program comply with ADB’s Involuntary Resettlement Policy. The Investment Program consultant (PC) appointed by PMU will undertake the census and detailed socio-economic surveys. A Special Land Acquisition Officer (Revenue Department) at the PMU will monitor the process of SRP implementation. Figure.2. Illustrate the SRP implementation arrangements.

21

Figure 2: Implementation Arrangements

Special Land

Acquisition Officer

Land Acquisition

Officer

Project

Management

Unit

Apex

NGO, CAPP

DO

Bidar

Resettlement Officer at ULB

Implementing NGO

22

VII. RESETTLEMENT BUDGET AND FINANCING 34. The Land compensation is worked out as per General Award and other assistances are

worked out as per entitlement matrix.

Table 9: Resettlement Plan Budget

Note: 54 acres 22 Guntas = 54.55 Acres (1 Acres = to 40 Guntas).

VIII. IMPLEMENTATION SCHEDULE 35. All land has to be free of any encumbrances before the start of civil work. All land acquisition and resettlement of APs is to be completed before the award of civil contracts. The implementation process will cover (i) identification of cut-off date and notification; (ii) verification of properties of APs and estimation of their type and level of losses and distribution of identity cards; (iii) consultations with APs to address their needs, and priorities; and (iv) economic rehabilitation of the APs. 36. Timing of Resettlement, The number of permanently affected households in the sub-project is ten and the process of LA and resettlement is expected to be completed within a

Sl. No.

Type of Loss and Compensation

Offered Particulars Unit Rate

Total Amount (In Rs.)

Remark

A Land Acquisition Cost

1. Land Compensation, Cost of Trees and Other assets ( As per General Award dated. 17.10.2011)

54.55 acre

As per General Award

1,03,99,074

Sub Total A 54.55 1,03,99,074

B Resettlement Cost for Affected persons.

2. Assistance for economic rehabilitation of vulnerable households

1 Vulnerable household

30000 per Vulnerable Households.

30,000

3. Subsistence allowance for three months for households whose residual land is unavailable

35 Affected Persons

Rs. 150 per day for 90 days 4,72,500

GRC to fix the wage per day as per minimum wage act.

Sub Total B 5,02,500

C Other Expenses

4. Process and administrative cost at 15% of Award cost

15,59,861

5. Implementing NGO Charges for RP implementation.

LS Including over all NKUSIP Cost

1,00,000

6. Contingency 10% of the total cost

12,56,143

Sub Total C 29,16,004

Grand Total 1,38,17,578 **

23

maximum period of seven months from the date of notification. APs will have to be given sufficient notice to vacate their property before civil works begin. No civil works will begin till APs receives the approved compensation package, a broad implementation schedule for resettlement and rehabilitation. 37. Land Acquisition. Civil works are linked with the completion of land acquisition. In this case all land transfers from the Government have to be completed. Depending on the ownership, the Bidar ULB would need to coordinate with the relevant Government of Karnataka Department – in this case the DC’s office and the Revenue Department. 38. Affected Person’s Identity Card, All eligible APs will be issued identity cards, giving details of the type of losses and type of entitlements. This card will be verified by IPMU, NGO and the AP, and signed by all parties. Each AP will be given a copy. The IPMU should issue identity cards to all APs, at the earliest possible time to ensure that opportunistic squatters and encroachers are not encouraged.

Table 10: Implementation Schedule Sl. No. Land Acquisition & Resettlement Activities Start Date Completion Date

1 Detailed Land identification November 2008 December 2008 2 Survey, Marking of plots Jan 2009 Jan 2009 3 Consultation & Disclosure May 2009 June 2009 4 Verification of Socio-economic survey and APs June 2009 August 2009 5 Preparation of LA Plan August 2009 August 2009 6 Preparation of SRP Nov 2010 7 Revision in SRP and approval December – 2011 December - 2011 8 Payment of compensation and engagement of

implementing NGO All through the RP implementation period.

9 Possession of acquired property December – 2011 January – 2012 10 Internal Monitoring Within 10th of first month

after approval of RP Plan 20th of first month after approval of

RP 11 Handing over acquired lands to contractors for

construction End of first month 15th of second

month 12 Start of Civil works 15th of second month 15th of 3rd month

5th second month End of third month

IX. MONITORING AND EVALUATION

39. The implementing NGO will submit quarterly reports to PMU. Bidar ULB officials will carry out internal monitoring. Job charts will be given to the RO. The job charts will indicate the targets to be achieved during the month. Monthly progress report shall be prepared and submitted to IPMU, reporting actual achievements against the targets fixed in their respective job charts and reasons for shortfalls, if any. SRP implementation will be closely monitored to provide IPMU with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. For monitoring and evaluation (M&E), the PMU will appoint an independent agency/Apex NGO to undertake external monitoring for the entire sub-project (this agency will provide an independent view of the Investment Program progress and should not be confused with the implementing NGO appointed by the Bidar ULB to oversee Investment Program implementation). The independent agency/Apex NGO will conduct midterm review and review on completion of SRP activities and submit its reports directly to the PMU. The PMU will submit all M&E reports to the ADB for review.

24

Appendix 1: List of Participants / Officials Consulted

(A Survey carried out on March to June 2009 and June 2010)

LANDOWNERS/ MEMBERS OF LANDOWNER’S FAMILY PARTICIPATED IN SOCIO-ECONOMIC SURVEY

1. Smt. Iramanni W/o Dr. Subhash 2. Smt.Zareena Anjum W/o Abdul Maqsood 3. Moh.Khijar Chanda S/o Moh. Abdul Haffeej Chanda 4. Mohd. Moizkhizar S/o Abdul Azij 5. Mr. Anil S/o Ramchandra 6. Mr. Basavaraj s/o Sangram 7. Mr. Madhav Rao S/o Neelkanth 8. Mr. Ballavanth S/o Dattaji 9. Pandharinath S/o Dhondiba 10. Mahesh S/o Shivaraj 11. AEE KUWS&SB.

BIDAR ULB Officials Consulted for identification of survey no’s and for conducting Socio-Economic survey

1. Sri Ranga swamy Commissioner, CMC, Bidar 2. Sri. Kulkarni A.E.E., CMC, Bidar

3. A. E, CMC Bidar

Other Government Officials Consulted for identification of survey no’s and for conducting Socio-Economic Survey

1. Sri. Harsh Gupta, IAS, Bidar 2. Sri. Deputy Project Director, KUIDFC Gulbarga 3. Sri. Chandrasekhar E. E KUIDFC Gulbarga

4. Sri. Kulkarni AEE KUIDFC BIDAR Cell 5. Sri. Suresh V. SDO KUIDFC Gulbarga

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Appendix 2: Land Compensation statement

Sl No Survey No Name of the Owner Extent of land acquired Cost for the land taken for STP

1. 25/1B Iramanni W/o Subhash 2.975

828526.83

2.

25/3B

Zareena Anjum W/o Abdul Maqsood 0.25

3’ 25/4B

Abdul GMoiz S/o Abdul Azeez 0.025

4. 25/4 Gangubai w/o Narasingh 0.25

5. 25/3B Girish kumar s/o Madhav rao 0.75

6. 26/A1 Ramchandra S/o Gundappa

4.00 557662.29 7. 26/A2

Karnataka Urban Water Supply Drainage Board

8. 26/E Basavaraj S/o Sangramappa

9. 24 Madhav Rao S/o Neelkanth Patil 24.30 4339143.73

10. 23/1 Balvant Rao S/o Dattoji 11.00

4673741.10

11. 23/2 Panddari S/o Dhondiba 11.00

54.55 1,03,99,074.00

Land cost calculate for 48 acres and 38 gunta, excluding P K land as per General Award.

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E: Photographs of Proposed STP Land

rp: india: bidar sewage treatment plant, north karnataka ......the subproject at bidar proposes to...

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