58 Appendix 17 FRAMEWORK FOR LAND ACQUISITION AND RESETTLEMENT FOR ADDITIONAL SUBPROJECTS A. Introduction 1. The India Railway Sector Improvement Project (RSIP) involves construction and doubling of four subprojects in the first phase of project preparation and implementation. These are: (i) Tomka-Keonjhar new railway line (96 km); (ii) double tracking of Pullampet-Gooty (154 km); (iii) adding a third track on Bhatapara-Urkura (60 km); and (iv) construction of the Mahanadi River second bridge (2.1 km). The social analysis and resettlement plans for the subprojects have been prepared following the Land Acquisition Act (1894) and the Asian Development Bank (ADB) policy on involuntary resettlement (1995). 2. This framework has been prepared for additional subprojects as required under ADB policy. The framework outlines the policy and procedures for preparation of subsequent subprojects under the sector loan. The special purpose vehicle ( SPV) will be responsible to prepare social analysis and resettlement plans for additional subprojects as outlined in this framework and submit them to ADB for review and approval. B. Resettlement Policy and Framework 3. The current legislation governing land acquisition for public purposes is the Land Acquisition Act of 1894. In accordance with the Act, the legal process for land acquisition is initiated by the project-sponsors/SPV to the District Collector (DC) of the respective district. According to the “circle rate” used by the DC, the assessed value of land is considered the replacement value for properties. However, the Act of 1894 or state policies (where available) do not address social and economic impacts of land acquisition and resettlement. 4. ADB policy requires (i) avoidance or minimization of impacts where possible; (ii) consultation with affected people in project planning and implementation, including disclosure of resettlement plan (RP) and project-related information; (iii) payment of compensation for acquired assets at the market/replacement value; (iv) resettlement assistance to affected people, including non-titled persons (e.g., informal dwellers/squatters, and encroachers; (v) special attention to vulnerable people and/groups; and (vi) an income restoration and rehabilitation program. Since compensation and rehabilitation based on the Act of 1894 and state policies do not meet these requirements, ADB’s policy on involuntary resettlement will be applied for additional subprojects. 5. The framework reflects the borrower’s land acquisition laws and regulations and ADB’s policy on involuntary resettlement and other social safeguard guidelines. It stipulates eligibility and provisions for all types of losses (land, crops/trees, structures, business/employment, and workdays/wages). Since land for land may not be a feasible option, the affected persons will be compensated at full replacement cost. Affected households to be compensated by the DC, following the Act of 1894, for lost assets will receive additional cash grants and other resettlement assistance such as a shifting allowance, and compensation for loss of workdays/income due to dislocation. Female-headed households and other vulnerable households will be eligible for further cash assistance for relocation and house reconstruction. Table A17 presents a general entitlement matrix that would apply to additional subprojects, based on specific project impacts. Appendix 17 59 Table A17: Entitlement Matrix Definition Expected Type of Loss Application of APs Entitlement Results 1. Loss of Land on the (i) Legal • Cash compensation based on “circle rate” under GOI Replacement agricultural/ or project ROW owners; and Land Acquisition Law and state policies to be paid by of agricultural any other type (ii) APs with DCa land or the of land by traditional • Refund of registration cost, stamps etc. incurred for value to the owners land rights replacement land to be paid by the project; (i) APs replacement land must be bought within a year from the date of DC payments; and (ii) the registration cost to be paid will be on the amount received from DC. 2. Loss of Land on the (i) Legal • Cash compensation based on the circle rate under Replacement homestead ROW owners of GOI Land Acquisition Law and state policies to be of homestead/ and land; (ii) APs paid by DC commercial commercial with • Refund of registration cost, stamps etc. incurred for land land traditional replacement land to be paid by the project; (i) land rights replacement land must be bought within a year from the date of DC payments; and (ii) the registration cost to be paid will be on the amount received from DC. 3. Loss of Structure on (i) Owner(s) • Cash compensation under Government of India Land Reconstruction residential/ the ROW of structures Acquisition/state laws to be paid by DC (a of structure commercial identified by depreciation value is deducted based on the age of and relocation structures by DC; (ii) the structure) to new sites owners and owners of • The depreciated value thus deducted will be paid by informal structure the project as additional grant to build new structure settlers/ identified by • A lump sum transfer grant for shifting household squatters census and assets and other belongs to relocated sites b SES 4. Loss of Standing Owners and • Compensation to be paid by DC at the rate estimated Compensation trees, crops, crops, trees beneficiaries by (i) the Forest Department for timber trees; (ii) State for standing perennials on ROW of land Agriculture Extension Department for crops; and (iii) crops and land Horticulture Department for perennial trees c trees 5. Loss of Households Head of • Cash assistance for 90 days at the local agricultural Subsistence income and affected by households wage rate and income in work days due ROW identified by • Additional cash assistance to vulnerable groups, post-displaced to the DC list including female-headed households d period and displacement and SES • Temporary employment in the project construction poverty work to APs with particular attention to APs below reduction poverty line by the project contractor. 6. Loss of Structures Affected • Reconstruction of community structures and Restoration of community and other communities replacement of common property resources as community structure and resources and groups appropriate structures and common (e.g., land, common property water, property resources access to resources social services) under ROW APs = affected persons, DC = District Commissioner, ROW = right of way, SES = socioeconomic survey . a Loss of agricultural land by titled owners: in case of severed holding, an additional grant of 15% of the compensation will be added. b Loss of residential/commercial structure: shifting allowance will be paid at Rs1,500 per households people affected will be allowed to salvage materials from their demolished structures; the affected squatters will receive transitional allowance of Rs2,000 per family lump sum. c Loss of trees, crops and perennials: compensation will be paid at market value. Sharecroppers will be paid at market value. d Assistance to vulnerable: grants will be paid to those below the poverty line, and the vulnerable, including women-headed households, at the rate of Rs5,000 per eligible households. One family members from the affected household will also receive skill training linked to employment opportunities at Rs2,000 per household by way of rehabilitation. C. Procedures for Resettlement Plan Preparation 6. The additional subprojects RP will be prepared as follows: (i) the SPV to carry out social impact assessment surveys for identified subprojects, based on preliminary technical designs; (ii) if impacts are found to be significant, the SPV will prepare full RPs for each subprojects; and 60 Appendix 17 (iii) if subproject impacts are less than significant, short RPs will be sufficient for project preparation. SPV consultants for preparatory studies will include expert resettlement specialist familiar with ADB policy and procedures for preparation of additional subprojects RPs. The RPs must comply with ADB’s policy on involuntary resettlement and other social safeguard guidelines. RPs for the sample subprojects will be used as models for preparation and implementation of additional subprojects. D. Institutional Responsibilities 7. For subproject RPs, the SPV will have overall coordination, planning, implementation and financing responsibilities. The SPV fully recognizes the complexity of the resettlement element in the Project. Therefore, experienced nongovernment organizations (NGOs) will be hired for RP to assist implementation with clearly defined tasks, including community-based social development programs as appropriate. A senior SPV official at the rank of executive engineer will be appointed as chief resettlement officer to supervise the implementation work. The appointed NGO will open field offices and will involve affected persons, including women, in the implementation process. 8. The SPV will ensure that the NGO responsible for RP preparation for subprojects is aware of the framework and procedures for resettlement planning so that appropriate entitlements and mitigation measures are established in the RP. The SPV will further ensure that resettlement budgets are delivered on time to the DC office and to the implementing NGOs for timely RP implementation. E. Disclosure, Consultation, and Grievances 9. Each RP will be prepared and implemented in close consultation with the stakeholders and will involve focus group discussions and meetings, particularly with the project-affected people. This RP framework will be made available in local language(s) during focus group discussions and meetings at the village/community level. Copies of draft RPs will be available at the local level to stakeholders for local inputs. Complaints and grievance procedures will be outlined in each RP and grievance redress committees (GRCs) will be established for each subproject with representation from the SPV, APs, women/ vulnerable groups, local government, and NGOs. The chief resettlement officer will chair the GRC. Other than disputes relating to ownership rights under the court of law, the GRC will review grievances involving all resettlement benefits, relocation, and other assistance. Grievances will be redressed within 2-4 weeks from the date of lodging the complaint. F. Monitoring and Evaluation 10. The SPV will establish a quarterly monitoring system involving the SPV and implementing NGO staff, and prepare progress reports on all aspects of land acquisition/resettlement and social development activities. The monitoring consultants, to be hired by the SPV in concurrence with ADB, will monitor the implementation of the RP and will provide ADB with quarterly reports on the status of RP implementation.
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