rehabilitation and resettlement plan...rehabilitation and upgradation to 4-laning of...

Consultancy Services for Preparation of Detailed Project Report for Rehabilitation and Upgradation to 4-laning of Wardha-Yavatmal-Nanded District Border section of NH – 361 under NHDP - IV in the state of Maharashtra

Final DPRResettlement Action Plan

REHABILITATION AND RESETTLEMENT PLAN

INTRODUCTION

This chapter contains the resettlement plan for the potential social impact anticipated due

to the proposed project. In this regard, a compatible Rehabilitation and Resettlement

Policy has to be developed based on NHAI, Government of India and State Government

Policy and accordingly a full resettlement plan (RP) will be prepared for the project in the

subsequent stages of project preparation. Special protection measures will be suggested in

terms of economic rehabilitation grant and other assistance for affected persons those who

belong to Schedule Castes, Schedule Tribes, Other Backward Classes, Women Headed

Households and persons living Below Poverty Lines including Physically Handicaps.

Widening, realignment and curve straightening of roads results in acquisition of more

lands that affects the livelihood of people. Preparation of land acquisition plan is another

very important aspect in consultancy services for preparation of Detailed Project Report.

Based on the Census survey, Socio- economic survey, individual and group meeting the

report is prepared. With meticulous plan and systematic approach the land status, family

particulars, socio-economic status, the magnitude of loss and the attitude and perception

of the likely to be affected people were studied during the baseline and census survey.

NHAI, however, in accordance with National R&R Policy, 2007 has intended to undertake

several exercises to quantify magnitude of displacement, profile the potential population to

be affected, identify the associated social hardships through consultations. These activities

are aimed to facilitate the selection and finalization of road alignment with minimum land

acquisition and displacement.

MINIMISATION OF SOCIAL IMPACTS

Based on the impact on the properties and the land required and the consultations certain

measures are proposed to reduce and minimize the impact. While preparing the

engineering design, the prime consideration is to minimise the social adverse impacts

within the limit of technical requirements and cost effectiveness and to enhance the

benefits to the society as well. Despite the best efforts to minimise the adverse social

impact, however, land take and resettlement has been, to some extent, unavoidable.

According to the broad principle mentioned above, a joint decision among the engineering,

environmental and social teams has been taken to avoid land acquisition from fertile lands,

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religious places, such as temples, mosques, graveyard etc, and also congested market

areas (which would save both displacement and livelihoods as well as excessive costs) and

avoid splitting agricultural fields as far as possible.

To minimise the social impacts, some of the basic principles followed in the engineering

design of the project road are as follows:

• Upgrading/widening on one side is preferable- it limits land take and

building demolition to one side only and reduce costs.

• Care will be taken to avoid agricultural wet lands as much as possible.

• Avoid to the maximum extent splitting fields.

• While attempting to ease curves, minimise the amount of property

and number of homes to be affected.

ANALYSIS OF ALTERNATIVES

Unlike a new road development project the present road is limited to widening and up

gradation of existing alignment to 2 lane to 4-lane road. This limits the scope of examining

alternatives in terms of different alignments. The alternatives considered relates to

modification in geometric design, horizontal alignment to minimize lan`d acquisition and

tree felling. As the town/urban agglomerate have high density of structures and heavy

traffic movement resulting in congestion. In this connection, there might be essential of

bypasses.

REHABILITATION AND RESETTLEMENT ISSUES

Road improvement includes widening and realignment of the road at some locations and

this involves expropriation of land from the current owners/ users. The expropriation of

land necessitates the eviction of squatters and encroachers from within the RoW and

acquisition of land from the titleholders. Acquisition of land, eviction of squatters and

encroachers may cause social disruption and economic loss for project affected persons

and their families. It is therefore important that disturbances and losses of APs due to

project are minimised through proper planning. This resettlement plan details the process

to be undertaken during the implementation of the project to minimise the adverse social

impacts.

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The anticipated loss due to the proposed project is broadly categorized into 2 aspects i.e.

loss of land assets and loss of non-land assets(built-up properties). The census survey

covers the built up structures in details and to be presented in the RP and the details of

landholders are covered in Land schedule prepared as a part of Land Acquisition Plan

(LAP). A profile of the project-affected area is also prepared based on the census survey of

affected families.

The extent of land acquired and the structures to be lost by the project is an indicator of

impact on the social environment.

However, the project will have an impact on the petty traders, mostly non-title holders,

who are dependent on their commercial structures for their livelihood reside inside the

RoW. A majority of the affected population likes to settle close to their place of

displacement. Hence, development of relocation site is not required. The impact is limited

to non-titleholders and all efforts shall be made through various provisions in Resettlement

Plan to mitigate negative social impacts on APs by supporting relocation of APs and by

restoration of pre-project levels of income.

COMMUNITY CONSULTATION AND PARTICIPATION

Extensive public consultations have been carried out in the project corridor with the

objective of minimising probable adverse impacts of the project through alternate design

solutions and to achieve the project goal through awareness among the project corridor

community for the benefits of the project. Several meetings were organized at various

locations, promoting public understanding of the processes and mechanisms through which

developmental problems and needs are investigated.

Any development activity can be implemented successfully only by active involvement of

the beneficiaries from an early stage of project preparation. In the projects, where there

are adverse impacts and loss of assets, the involvements of affected persons assume more

significance. In this project, the affected persons to be consulted during the socio-

economic survey. Further, the NHAI would undertake the disseminate information and

mitigation measures to the entitled persons affected by the project.

NHAI should undertake the preparation of the Social Assessment Management Plan

(SAMP), which involves public meetings with the people in the village where the bypass,

realignment and geometric correction is planned. These meetings include one-to-one

interaction with the concerned leaders and representatives of the Panchayat or Tehsil. The

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SAMP provides the support for undertaking the socio-economic survey. While undertaking

the socio-economic survey and the verification exercise, Focus Group Discussions (FGD),

interviews and consultations with the APs on the components of the project, the social

safeguards, and preferred entitlements etc., which will form the important inputs for the

preparation of the Rehabilitation Action Plan.

The NHAI organizes public consultation for the project where information regarding the

project is disseminated and suggestion by the people are incorporated into the project

design. This activity is also accompany distribution of brochures and pamphlets informing

people on project specific details. These brochures and pamphlets contain information on

the overall project plan, design and construction standards, potential impacts and

mitigation measures planned resettlement and rehabilitation measures, compensations

and assistance.

MITIGATION METHODS

The beneficiary will be the title holder who will be entitled get one or multiple benefits.

• An alternative land of equivalent productive potential subject to

availability preferably within same village/ panchayat but not

exceeding one hectare of irrigated or two hectare of un-irrigated land.

• Registration charges for transfer of this land in the name of affected

family shall also be borne by NHAI.

• Alternate land for allotment to AFs shall be taken from the State

Government or from voluntary sellers at existing land prices to avoid

further impact.

• If the alternate land is wasteland/degraded land, all eligible affected

families shall be provided one time assistance towards development

of land.

• In case affected families opt for cash compensation for loss of land or

not eligible for land for land option, they will be provided cash

compensation as per Indian law and following rehabilitation

assistance based on the severity of losses:

Note: The Present minimum agricultural wages fixed by Department of

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Labour, Govt. of Maharashtra will be taken into consideration.

1. Availability of Land for allotment to APs: Availability of land for persons

opting for “land for land” shall be decided as follows:

2. NHAI will take up the matter with Maharashtra State Government for

release of Government land for allotment to the eligible APs.

3. If Government land is not available, NHAI will purchase private land on a

willing buyer and seller basis keeping in mind that the purchase of land

does not promote any indirect displacement. The land will be purchased

from voluntary sellers at existing rates finalised through negotiations.

4. For purchase of private land a “Land Purchase Committee” shall be

constituted comprising of representatives of NHAI, Local Authorities AFs,

Gram Panchayat or any well reputed person as mutually agreed with the

local authorities and AFs.

OTHER REHABILITATION & MITIGATION MEASURES

INCOME GENERATION

When alternate land is not available as per above procedures or in cases where a PAF is

not entitled to land for land’ i.e. eligible only for cash compensation as determined by

Revenue Authorities, the PAP may exercise one of the following options for his

rehabilitation. A variety of income generation enterprise will be offered on the basis of:

(a) Consultation with APs and local government

(b) The socio-economic survey establishing the need for such schemes

Jobs

I) Jobs with NHAI: NHAI projects do not envisage significant job

opportunities to the local residents. However, if there is any requirement of

job then APs shall be entitled for preference, subject to their meeting of job

requirement and specification.

II) Jobs with Contractors: Contractors will be persuaded to give jobs to

eligible APs on a preferential basis where feasible.

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TRAINING

If the head of the family who is eligible for Resettlement Assistance as per entitlement

frame work wants to nominate its dependent for vocational training course in lieu of

rehabilitation assistance offered to them, NHAI may arrange for imparting suitable

training. Such training will be imparted through the existing and available training

institutions like Polytechnic, ITIs. The project authority may meet the cost of training of

the persons who are nominated by the head of the eligible PAFs in writing selected from

amongst the land looser families.

Apart from above NHAI will organise need based short training for development of required

skill and entrepreneurship development for the selected IGs in the affected village through

state government/institutions.

Community Development Works

In addition to above measures, NHAI based on outcome of social assessment will also

undertake need based developmental work like:

1) Construction of road, 2) Drinking water facility, 3) Community centre etc. for overall

up-liftment of surrounding, village and community. These works shall be carried out in

association with local authorities.

NHAI will ensure that all plans are approved by competent authorities; that public

consultation takes place at necessary stages; and, that grievance redressal is a priority.

GRIEVANCE REDRESSAL COMMITTEE

In majority of the cases by adopting a participatory and transparent consultation process

and by providing adequate value to the lost assets and sufficient support mechanisms any

development project will be accepted, enhanced and complaints and disputes from the

affected people will also reduce. It is only in the case of land acquisition that even after

provisions in the LA Act like, APs to object to the proposed acquisition, compensation,

rates, receive the compensation under protest and refer to the court for settlement etc.

Disputes and complaints from the APs may arise hence to address such issues that arise

during the project implementation; dispute redressal mechanism should be in place.

Hence to address these grievances the NHAI will set up a committee comprising

representatives of the NHAI, representatives of local authorities, APs, Gram Panchayat or

any well reputed person as mutually agreed with the local authorities and APs. This 6



committee will address the grievances of the APs. A Senior official will represent NHAI

from Region/ Corporate Centre. The well-reputed person will not be same as the one in

the LPC.

LAND PURCHASE COMMITTEE

Land Purchase Committee (LPC) shall be formed by nomination in the following steps:

1. NHAI representative shall be nominated.

2. Representative of Local Authorities to be decided by District

Administration.

3. Representative of APs to be identified and selected by themselves.

4. Representative of Gram Panchayat or any other person of repute as

mutually agreed with local authorities and APs.

LEGAL AND POLICY FRAMEWORK

In India, compensation for land acquisition (LA) and resettlement assistance for project-

affected people are generally governed by the Land Acquisition Act (1894). However, in

case of NHAI projects, the National Highways Act, 1956 (hereafter NHA) is used to carry

out land acquisition for national highway projects. The Act gives NHAI power to acquire

land through a “competent authority” (i.e.), the district collector and/or NHAI staff)

through notification in the official gazette by the Central Government.

INSTITUTIONAL ARRANGEMENT AND MECHANISMS

The RAP has proposed institutional arrangement as per the NHAI Guidelines. The

Administrator or Project Director is at the helm of affairs and his staff at the PIU has been

proposed to carry out the activities. The ground level R&R activities will be carried out by

temporarily hired NGOs. The implementation of the RAP consists of five major stages:

5. Deployment and training of identified NHAI staff and NGO

6. Issuing of legal notification for land acquisition and the cut-off date

7. Verification of entitled persons (EP) and estimating their type and level of losses

8. Preparing a list of EPs for relocation

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9. Relocation and rehabilitation of EPs.

In addition, monitoring and evaluation will also form a part of the R&R implementation

strategy. The NHAI officials at the PIU and district levels will function in supervisory roles

for the R&R activities. At the project road level the NGO selected and recruited for the

purpose will carry out the actual implementation.

MONITORING & EVALUATION

The monitoring and evaluation of the under the present project is needed to ensure that

the affected families will receive the Rehabilitation assistance (RA) to be devised for the

temporary loss of livelihood incur to them. Under the present project, there are no major

social impacts as none of the title holder loose land or any permanent structures or assets

in existing alignment( RoW) barring proposed bypass and realignment area.

However, the NHAI has a well-developed organizational support structure for effective

monitoring of the Rehabilitation Action Plan (RAP) prepared for each project. The internal

monitoring of the R&R activities will be carried by the PIU of the NHAI on regular basis.

The external exercise will include a mid-term and end-term evaluation of the activities.

The range of activities that will need to be monitored include:

a) Land acquisition and transfer procedures

b) Disbursement of compensation and assistance

c) Construction of replacement buildings by the displaced families

d) Rehabilitation of displaced families and business enterprises

e) Rehabilitation of income levels.

IMPLEMENTATION SCHEDULE

All the proposed activities related to the implementation of RAP would be completed based

on a specific time frame devised after the consultations with the NHAI. The

implementation of the RAP will be completed after the approval of the design. However all

the R&R activities will be completed before the construction work of the road begins.

DISBURSEMENT MECHANISM

To avoid the delays in the execution of RAP, a one-time sanction of the total RAP budget

should be made instead of item wise. The total amount of RAP budget should be made

available to the concerned officer and these amounts will be released and distributed to

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the affected families with the help of the concerned field staff in the site office.

While allotting income generation schemes, the authorities should be in touch with Bank

Officer of the respective area who will select appropriate schemes for the individual PAFs.

DISCLOSURE OF RESETTLEMENT ACTION PLAN

As per requirements of the NHAI and the Asian Development Bank Policy on Disclosure of

Information, after approval from the competent authority, the draft RAP will be disclosed to

the public in the affected zone (project corridor of impact). For the purpose of the

disclosure, the Executive Summary of the draft RAP will be translated into the local

language and displayed in the affected zone. To ensure effective disclosure, the executive

summary will be prominently displayed at the following places in the affected zone.

• Panchayat level offices

• Taluk level offices

• Other public places at the district level

• Market Place

PRELIMINARY COSTS AND BUDGET

The preliminary costs estimated mainly include land cost, structure cost and R&R

assistance costs. The land price will be calculated based on prevailing market price in the

road side across different villages falling under various section of the project road. The

average price across the roads will be considered for the estimates. The structure cost is

estimated based upon the rates of the Roads and Buildings Department, Government of

Maharashtra. This estimate will be prepared on the analysis of the actual no. of structures

affected and acquisition of the land for the project.

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STAKEHOLDER'S CONSULATATION

INTRODUCTION

Consultative procedures has been a critical but important front in the entire social

assessment process. Public consultations in social impact assessment facilitates to make a

rapport with the villagers in the project villages and provide basic inputs. In this regard,

the social assessment ensures the involvement of local communities through participatory

planning through structured consultations would endorse and integrate important

resettlement issues in the project cycle.

For the purpose of stakeholder's consultation a team of social experts visited all sections

of MSH-3. In the process of information dissemination, collecting relevant data and to

acquaint with social requirements of the project, the government officials, key informants

& knowledgeable person and other stakeholders were consulted. The consultation

meetings were conducted in 24 villages. As the magnitude of impact is high, the bypass

village locations were considered with prime importance.

The consultations were undertaken with various stakeholders at village levels for sharing

the information about the alignments, widening of existing two lane into two lane with

paved shoulder and bypasses. Prior intimation was given to the villagers and the local

public representatives e.g Sarpanch of the villages to participate in the consultations. The

village wise issues and concern were discussed and suggestions made by the participants

were recorded. The range of discussion includes perception, attitude, benefit, problem,

suggestions recommendation and solution on social, economic, engineering viability of the

project.

In addition to bypass village level consultations, fifteen information and consultation

meetings with primary stakeholders, road users, shopkeepers, dwellers and other

knowledgeable persons were conducted along the road sided village. The location for these

meetings were selected in such a way that a large section of the nearby habitations could

participate in these meetings.

METHODOLOGY

The consultation process adopted mainly qualitative method. The techniques were mainly

community and individual interview, focus group discussion and observation.

Need for Consultation

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These consultation and discussion would help in assessing the skills of likely to be affected

persons under the project, developing training modules, formulating income generation

and livelihood action plans, planning for relocation activities etc.

Scope of Consultation and discussion

a) Counseling the people

During the village level meeting, primary counseling activities were carried out to explain

to the people the need for land acquisition, the provisions of the policy and the

entitlements under the R&R policy.

b) Dissemination of Information

Specific project information was disseminated to the people like the possible consequences

of the project on the community’s livelihood system and the options available.

c) Focus on Women and Tribal

Special focus was given to the issues pertaining to women and Tribal in this project and

their impact on them, as they are vulnerable people of the society. Social evils like child

labour, condition in construction sites and camps etc were discussed in detail.

d) Socio-economic situation

For the awareness of people, a wide range of socio-economic topics were discussed which

included land holdings, cropping pattern, land price, labour, wage rate, migration,

transportation as well as gender issues.

6.5 Issues Discussed

The social team explained the need and technical details of the MSH-3 project to the

participants in terms of its length, characteristics of the paved shoulder and need of

bypass/ realignment, the proposed improvements in terms of safety improvements and

road side amenities etc.

• For a better understanding about the road the social team also

explained in detail the proposed cross sections of the paved shoulder

and need of geometric correction.

• The land requirements for the improvements and the probable

impacts to the road side people was also discussed.

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• The project’s efforts at minimizing land acquisition and promoting

safety measures were also discussed.

• Special attention for the weaker section of the society in general and

women in particular were also discussed.

• The broad principles and R & R mechanisms as per new LARR Act-

2013 and NPRR was also presented in detail.

The main objectives of undertaking these consultations were:

To make affected persons aware of the project impacts and broad

provisions of the R&R policy.

Dissemination of information to build awareness among likely to be

affected people and inform them about the objective of the project.

Discuss about the training requirements to enhance their skills & restore

the livelihood.

The team presented and explained in detail about the road improvement project and

responded to the queries of the people. Detail notes were taken including village maps and

photographs. The discussion during public consultation was centered on to understand the

opinion and preferences of people for bypass in general and likely to be affected person in

particular. These consultations have helped in providing inputs for methodologies for

arriving replacement value, grievance redress mechanism and implementation

arrangement for the finalization of Resettlement Plan (RP).

Almost all stakeholders' meeting were conducted in respective Panchayat Office. The

Sarpanch of the village, presided the meeting with Aarvee Associate representatives. Mr.

Sobhan Patnaik, Mr. Ratan Kumar and Mr. Prafulla Garoda participated in the meeting. The

other participants were revenue officials, village elders, road side residents and probable

impacted families.

KEY FINDINGS OF PUBLIC CONSULTATION

• It was noticed that people were quite optimistic about the service and

economic benefit by the proposed project.

• They are hopeful that betterment of the road with smooth traffic flow

and good accessibility will be great advantage for the local population.

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• In some places people were agreed that there would be minimal

impact on their life and livelihood, as NHAI has already possesses

enough land.

• The squatters and petty shop owners raised concern over the eviction

from the RoW.

• Some people those who have already constructed new buildings on

the road side were hesitant to give any opinion but suggested that

the government must take this issues with much importance.

• Majority of participants demanded that widening of the project road

should be finalised in such a way that impact of structures will be

minimum. The participants explained they would get benefit

economically from saving vehicle operating costs due to enhanced

speed and better geometric.

• The businesses community is optimistic for the better prospect in

enhancing business and also wants early completion of the project

from road safety point of view.

• Some people wanted to know how the disputed issues relating to

removal of unauthorized encroachments and shifting of other

properties would be resolved.

• The participants collectively expressed that a comprehensive and

detail discussion is needed before implementing the road work.

Majority of people opined that the interaction with people would help

in smooth running of the project.

• Some participants vociferously demanded construction of VUP in

some places that can save large scale demolition of commercial

structures.

• Squatters said that now the cost of house construction is a day

dream. If we are evicted on account of the road widening then

alternative housing must be provided.

• Some untitled occupant narrated the degree of adverse impact and

thereby consequences were

• Most of the road sided villagers demanded as the corridor

accommodates many encroachers and squatters, keeping in view

government should take concrete measure to protect their live and

livelihood.

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• Majority of untitled occupants suggested that irrespective of the

ownership, government should construct houses and give the project

affected people those who reside within the existing RoW.

• Some attendees said that there is no open space available near the

village. As non title holders, if they were driven out from the RoW

there would no option except to migrate from the village. In this

regard, government should take measures for the restoration of the

livelihoods.

• A large number of villagers said that they were skeptical about the

government's method of calculation which, according to them always

less than the market value.

• The likely project-affected people were concerned about

compensation to be paid to those who are encroachers and squatters

living and doing business on the government land.

• Majority of participants in almost all location are optimistic that the

proposed expansion of the road will make commuter friendly by

providing an efficient, reliable, safe, comfortable and affordable

services.

PHOTOGRAPHS TAKEN DURING CONSULTATION MEETING

Meeting was held at Panchayat Office

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LEGAL POLICY FRAMEWORK AND ENTITLEMENT MATRIX

POLICY FRAMEWORK

The policy framework and entitlement for the Program are based on national laws: The

Land Acquisition and R & R Act, 2013 (LARR) and The National Rehabilitation and

Resettlement Policy, 2007 (NRRP); The Maharashtra Project Affected Persons Rehabilitation

Act, 1999' as modified in 2006; Asian Development Bank Policy on Involuntary

Resettlement, OP 4.12. The following section deals with these policies with a comparison

and subsequently deals with the entitlements and eligibility for compensation and other

resettlement entitlements.

Through the proposed R&R entitlement policy and framework is committed to ensure that

the livelihoods of project-affected persons are at least restored to pre-project levels, with

the opportunity to improve on living standards where possible. The policy addresses the

following adverse impacts associated with road construction and upgrading activities:

• Loss of land and other privately-owned assets

• Adverse impacts on subsistence/livelihood or income-earning capacity

• Collective adverse impacts on groups (e.g., through the loss of business

resources and assets)

To mitigate unforeseen effects on roadside communities and promote general upliftment,

rehabilitation and support measures will be extended to include households of the defined

vulnerable social categories who may be adversely affected by road construction.

Entitlements have been developed according to the NHAI guidelines on implementation of

the NPRR. Entitlements for land losses are in the form of cash compensation. Every effort

needs to be made to provide land-based options to households whose production levels are

severely affected by land acquisition. This will primarily be achieved through local

consultative forums to assist with the identification of suitable privately owned cultivated

land in the vicinity for purchasing by the affected households.

All strategic interventions on human development, spread across all social issues, need

directives of policies and legal support to operationalise the appropriate actions. These

policies and legislations help to overcome the constraints and support administrator,

implementer, community and individual in delivery of justice. This chapter includes the

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World Bank as well as National policies and Acts applicable to the proposed Project are

detailed under:

OBJECTIVES OF RESETTLEMENT POLICY

This Resettlement Action Plan(RAP) is based on the general findings of the census and

socio economic survey, field visits, and meetings with various project affected persons in

the project area. The primary objective of the RAP is to identify impacts and to plan

measures to mitigate various losses of the Project Road. The specific objectives are as

follows:

• To minimize displacement and to promote least displacing alternatives

• To ensure adequate rehabilitation package and expeditious

implementation of rehabilitation process with the active participation

• To provide better living conditions and making concerted effort for

providing sustainable income to affected families

• Develop harmonious relationship between requiring body and affected

families

The RAP outlines the details of the project, description of the project location, the

magnitude of impacts based on the census, and spells out the necessary implementation

procedures for resettlement and rehabilitation of the entire project affected families

including the entitlement matrix as well as the legal framework and policies.

NATIONAL HIGHWAYS ACT- 1956

The act is applicable to the whole of India except the state of Jammu and Kashmir. The

policy provides a broad guideline of procedure of land acquisition. The National Highways

Act 1956 (NH Act) is commonly used for acquisition of land for public purpose. It is used at

the State level made to suit local requirements. Expropriation of and compensation for

land, houses and other immovable assets are carried out under the National Highways Act

1956. The Act deals with compulsory acquisition of private land for public purpose. The LA

Act does not contain any provision specifically dealing with resettlement including income

restoration aspects.

The procedure of NH Act under this act is summarized below:

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Intention & Declaration

10. When a National Highways require a land, an application is required

to be made by it to the revenue authority;

11. The application should be accompanied with a copy of the plan

showing survey nos., purpose of acquisition and the reason for the

particular site to be chosen and the provision made for the cost of the

acquisition;

12. After the government has been fully satisfied about the purpose, the

least area needed, and other relevant facts as provided under land

acquisition rules, it will issue a notification under Section 3A of the act

that the particular land is required for public purpose;

13. The Competent Authority will hold an inquiry under Section 3-B of the

Act;

14. After notification the owner is prohibited from selling his property or

disposing it off and prevented from carrying out any works of

improvements for which no compensation will be paid if executed

without prior permission from the collector.

Objection and Confirmation

i) Objections are invited from all persons interested in the land within 21

days from the date of notification under Section 3-A.

ii) The objections will be valid on one or more of the following grounds:

iii) That the purpose for which the land is proposed for acquisition is not a

public purpose.

iv) That the land is not or less suitable than another piece of land for the said

purpose.

v) That the area under acquisition is excessive.

vi) That the acquisition will destroy or impair historical or artistic monuments

or will desecrate religious buildings, graveyards and the like.

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•The CA after hearing the objections will submit his report to the Central

government, who will finally declare the land for acquisition under

Section 3-D of the Act.

•After notification the collector proceeds with the claim. He has the site

marked out, measured and a plan of the same made vide Section 3-E.

Claim and Award

5. The collector will issue notices under Section 3-G to all persons interested

in the acquisition to file their claim reports;

6. The collector is not to be a party to the proceedings, is to possess an

expert knowledge on valuation, and offers a fair price to an owner and

checks that the public funds are not wasted;

7. The claim filed should contain the names of the claimants and co-shares, if

any rents or profits for last three years and a valuation report of the land

from an architect or an engineer;

8. In determining the compensation the market value of the land is

determined at the date of notification. The rise and fall in the value during

the period of transaction and notification is taken into consideration;

Compensation is also payable when:

9. Part of the property is proposed for acquisition in such a manner that the

remainder depreciates in value.

10.When the land notified for acquisition has standing crops or trees.

11. If the person interested has to change his place of residence or business

then the excess rent payable for the new premises is also considered for

compensation.

Matters which are not taken into consideration for the purpose of land acquisition are:

i.) The degree of urgency which has led to the acquisition.

ii.) Any disinclination of the person interested to part with the land.

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iii.) Any increase in the land value likely to accrue from the use to which it will

be put when acquired.

iv.) After necessary inquiries the collector declares his award showing true

area of the land, total amount of compensation payable and

apportionment of compensation if there are more than one owners or

claimants.

v.) The collector has to make the award under section 11 within a period of

two years from the date of notification.

Reference to Arbitrator

12.Any person interested, to whom the award is not satisfactory, can submit a

written application to the Arbitrator.

13.This application should be made within six weeks from the date of

declaration of the award.

Apportionment

In apparent of the compensation each of the claimants are entitled to the value of his

interest, which he has lost, by compulsory acquisition. Thus it is required to value a variety

of interest, rights and claims in the land in terms of money.

THE MAHARASHTRA PROJECT AFFECTED PERSONS REHABILITATING ACT, 1999 MODIFIED IN 2006

The government of Maharashtra has adopted a policy on resettlement and rehabilitation

through the MPAPRA. It applies to all irrigation projects which exceed 50 ha., or the area of

the benefited zone exceed 200 ha. It also applies to industrial projects such as industrial

estate, atomic park, sanctuary, mines, etc. The responsibility to execute MPARPA and

rehabilitate project affected persons rests with the concerned department of the

government of Maharashtra through entering an agreement with the concerned project

authority or body. Where, in the opinion of the State Government, it is necessary and

expedient in the public interest to apply it to any other project, the state government may

be notification in the official Gazette, declare that it applies in relation to such project as

specified in the notification; and thereupon the provisions of this Act applies to such

project. It does not apply to projects falling under the jurisdiction of inter- state projects;

and rehabilitation work financed by the external agencies and countries.

19



The eligible persons under the policy are legal titleholders, and tenants who are in actual

possession of land under the tenancy law. Eligible agricultural laborers under the act are

those who do not possess any land but have been cultivating the land and earning

livelihood through manual labor not less than 5 years from the date of notification. The

major entitlement provided under the Act are:(i) land for land compensation subject to the

availability of sufficient land, (ii) civic amenities where in the state government will provide

civic amenities in the prescribed scale and manner in the new area, (iii) restoration of

cultural and religious property or proper compensation and (iv) employment schemes.

However, there are certain limitations of this Act in comparison with the NRRP and world

Bank policy including: (i) this act does not have principle on minimizing resettlement, (ii)

it does not recognize non-titleholders other than agricultural laborers who have worked on

the land for 5 years, (iii) it does not require household surveys and social impact

assessment,(iv) it does not specify assistance and restoration programs for APs, (v) it

does not specify eligibility and cut-off-date, (vi) it does not recognize the loss of business,

incomes and employment; and other losses without displacement and (vii) while it

describes market values, it may not always be equivalent to replacement value.

THE RIGHT TO FAIR COMPENSATION & TRANSPARENCY IN LARR ACT,2013

The salient features of the Act include:

• The Act seeks to amend the Land Acquisition Act, 1894. The 1894

Act was repealed and a new comprehensive legislation was brought in

Parliament. It states that the legislation should be enacted

expeditiously.

• This said act under section 105, requires that all the acts mentioned

under schedule IV (including NH Act 1956) shall be amended within

one year from the date of commencement of this act.

• The bill notes that the use of the word ‘may’ dilutes specific provisions

and provides undue discretion to the implementing agency. It

recommends that ‘may’ should be replaced by ‘shall’ in all clauses

except ones where the intent is to provide flexibility.

• In order to protect agricultural land from getting acquired, it states

that the Bill should include a provision that makes it mandatory for

the Collector to submit a report stating that wasteland or barren land

20



was not available for a particular project. Also, the government

should make a list of unutilised land.

• The Committee also makes several suggestions for development of

wasteland. It also recommends that the government should do long

term planning regarding the total area of agricultural land required to

meet food grain requirements. Also, a strong law is required to

protect prime agricultural land in similar manner as forest land.

There should also be measures to guard against excessive acquisition

of land which is at time more than the land required for the project.

• The Committee recommends that in cases where award of

compensation is pending, solatium and the rehabilitation and

resettlement package should be provided retrospectively.

• The Committee recommends that all the benefits provided under the

Land Acquisition and Rehabilitation and Resettlement legislation

should be doubled at every stage in case of second and subsequent

displacement of a family/person.

• As per the Act, 30 days time period from the date of publication of

the notification has been provided for the affected person to object to

the acquisition of land. The Committee feels that the period is not

sufficient and recommends that it be increased to 60 days.

• The Committee is of the opinion that fixing some percentage of the

land to be acquired by the appropriate government and private body

for a particular project of public purpose is very contradictory and

impractical. Also, the definition of “public purpose” as per the 1894

Act should be retained.

• There should be discretion in deciding whether a Social Impact Study

is necessary if the number of families is below the threshold level.

• The Committee recommends that the highest price of sale deed as

indicated in the sale deeds of the last three years plus 50 per cent of

the highest price should be the criteria for assessing and determining

the market value of the land. For tribal areas, the Committee

21



recommends that the highest price of a sale deed of the adjoining

non-tribal blocks/village for the last three years plus 50 per cent

should be the criteria.

• The Committee is against the provision that allows the Collector,

before determining the market value of the land, to ascertain the

intended land use category.

• The Committee states that issue of shares and debentures as part of

the compensation is not practical. Therefore, issue of shares and

debentures should be over and above the admissible compensation.

Further, it should be left to the acquiring body to issue shares and

debentures over and above the admissible compensation to the

affected person/family whose land is acquired.

• The Committee pointed out certain contradictions in the Land

Acquisition Bill and the Rehabilitation and Resettlement Bill with

regard to compensation with shares and debentures.

• The Committee recommends that emergency powers of the

government may be restricted to acquisition of minimum area of land

for the purpose of defence or national security or in case of natural

calamities.

• The Committee suggests that the Acquisition Compensation Disputes

Settlement Authority should consist of at least three members,

including the Chairperson. Also, the retirement age should be

reduced to 65 years from 67 years.

• The Committee proposes that the rate of interest should be increased

from nine per cent to 15 per cent per annum and compound interest

should be paid wherever applicable.

• The date of commencement of this Act is 1st January 2014.

SCHEDULED CASTE AND SCHEDULED TRIBES ORDERS (AMENDMENT) ACT,2002

The Act provides for the inclusion in the lists of Scheduled Tribes (ST), of certain tribes or

22



tribal communities or parts of or groups within tribes or tribal communities, equivalent

names or synonyms of such tribes or communities, removal of area restrictions and

bifurcation and clubbing of entries; imposition of area restriction in respect of certain

castes in the lists of Scheduled Castes (SC) and the exclusion of certain castes and tribes

from the lists of SCs and STs.

RESETTLEMENT POLICY AND LAND ACQUISITION FRAMEWORK

The guidelines are prepared for addressing the issues limited to this project for

resettlement and rehabilitation of the PAPs. This policy has been developed based on the

National Highways Act 1956 and The Right to Fair Compensation and Transparency in LA

RR Act, 2013.

R&R BENEFITS FOR PROJECT AFFECTED FAMILIES

The resettlement and rehabilitation (R&R) benefits shall be extended to all the Project

Affected Families (PAF) whether belonging to below poverty line (BPL) or non-BPL. The

details are provided in the entitlement matrix. For tribal the following provisions will be

adhered. Each Project Affected Family of ST category shall be given preference in

allotment of land.

Tribal PAFs will be re-settled close to their natural habitat in a compact block so that they

can retain their ethnic/linguistic and cultural identity

The Tribal Land Alienated in violation of the laws and regulations in force on the subject

would be treated as null and void and the R&R benefits would be available only to the

original tribal land owner.

PRINCIPLES AND POLICIES ADOPTED FOR THE PROJECT

The core involuntary resettlement principles for this project are: (I) land acquisition, and

other involuntary resettlement impacts will be avoided or minimized exploring all viable

alternative sub-project designs; (ii) where unavoidable, time-bound resettlement plan

(RP) will be prepared and PAPs will be assisted in improving or at least regaining their pre-

project standard of living;(iii) Consultation with PAPs on compensation, disclosure of

resettlement information to PAPs, and participation of in planning and implementing sub-

projects will be ensured; (iv) vulnerable groups will be provided special assistance (v)

payment of compensation to PAPs for acquired assets at replacement rates; (vi) payment

of compensation and resettlement assistance prior to the construction contractor taking

23



physical acquisition of the land and prior to the commencement of any construction

activities; (vii) Provision of income restoration and rehabilitation; and (VIII) establishment

of appropriate grievance redress mechanisms.

ENTITLEMENT MATRIX

The broad entitlement matrix comprising the R & R compensation and assistance is

presented below. The titleholder PAPs will receive compensation for land and assets, as

decided by the competent authority.

The titleholders are entitled to receive compensation for land/assets at replacement cost,

R & R assistance and allowances for fees or other charges. They should be given advance

notice to harvest non-perennial crops, or compensation for lost standing crops. They will

have the right to salvage material from existing structures.

The LARR-2013, represents a significant milestone in the development of a systematic

approach to address resettlement issues in India and closes significantly the gap between

Indian national policies and operational policy of the World Bank/ADB. The National

Highways Act, 1956 gives directives for the acquisition of land in the public interest and

provides benefits only to titleholders.

Based on these, the following core involuntary resettlement principles are applicable:

• Avoid or minimize land acquisition and involuntary resettlement

impacts by exploring all viable alternative designs;

• Where displacement is unavoidable, prepare time-bound RAP for PAPs

so that they are not worse off than the present socio-economic

condition after the implementation of the project. In other words,

assist affected persons in improving their former living standards and

income earning capacity with additional assistance to vulnerable

groups;

• Ensure wide range of meaningful consultations with stakeholders

including likely PAPs on compensation, disclosure of resettlement

information, participation of PAPs in planning and implementation of

the resettlement program in order to suitably accommodate their

inputs and make rehabilitation and resettlement plan more

participatory and broad based;

24



• Facilitate harmonious relationship between the Executing Authority

and PAPs through mutual co-operation and interaction;

• Ensure payment of compensation and resettlement assistance prior to

taking over the possession of land and commencement of any

construction activities;

• Provision of rehabilitation assistance for loss of livelihood/income;

• Establishment of institutional arrangements such as grievance redress

mechanism, NGO.

• Eligibility of different categories of PAFs will be as per the Entitlement Matrix shown in the section below.

Table: 7.1 ELIGIBILITY FOR COMPENSATION OR/AND ASSISTANCE

Sl. No. Eligibility

1 The unit of entitlement will be the family.

2 Titleholder PAFs will be eligible for compensation as well as assistance.

3

In case a PAF could not be enumerated during census, but has reliable evidenceto prove his/her presence before the cut-off date in the affected zone shall beincluded in the list of PAPs after proper verification by the grievance redresscommittee.

4PAFs from vulnerable group will be entitled for additional assistance as specified inthe Entitlement Matrix.

5PAFs belonging to BPL category will be identified at the time of disbursal of Compensation. They will get benefits as detailed in Entitlement Matrix.

6PAFs will be entitled to take away or salvage the dismantled materials free of costwithout delaying the project activities.

7

If a notice for eviction has been served on a person/family before the cut-off dateand the case is pending in a court of law, then the eligibility of PAP will beconsidered in accordance with the legal status determined by the court and thePAP will be eligible for compensation/assistance in accordance with the RAPprovisions.

Table 7.2: ENTITLEMENT MATRIX

Sl.No.

Category Type of Loss Unit of Entitleme

nt

Details

Entitlement

Entitlement as per Policy

1 Private Property

Total loss of Land&Structure- Non Agricultural

Titleholder Compensation at replacement cost or actual market

1.Compensation for land as per LA Act. The entitled person will be provided replacement cost of the residential structure (part or full), which will be calculated as per the

25



value or as decided by the Competent Authority

prevailing basic schedule of rates without depreciation, subject to relevant “quality standards” of BSR as maintained by Government/Local Bodies Authorities of Maharashtra Government.

2.Compensation for the loss of residential land will be paid at replacement value

3. If replacement cost is more than the compensation (as determined by the Competent Authority), then the difference is to be paid by the project in the form of “assistance”.

4.Transitional assistance (Rs.2000 per month) up to maximum 9 months in nine months, shall be given.

5. For losers of residential houses those who do not have any other residential unit, shall be given preference to allot a house under the available scheme at concessional cost

6.For losers of business units, those who do not have any other business/commercial unit shall be given preference in allotment of a shop/land in nearby area

7. Stamp duty and other fees payable for registration shall be borne by NHAI as applicable for the purchase of alternate land

8. Each eligible household shall get free transportation by NHAI/PWD or 3000 as financial assistance for transportation/ shifting of building materials, belongings etc.

7. Four Months notice shall be given for the removal of structures

8. Right to salvage the material from the structure

2 Private Property

Partial loss of Land &Structure- Non Agricultural

Titleholder Compensation at replacement cost or actual market value or as

1. Compensation for land as per LA Act.

2. Compensation for loss of affected structural area estimated as per latest CSR of PWD without deducting the depreciation value to the legally

26



decided by the Competent Authority

permitted structures

3. Three months notice for the removal of affected structures

4. Right to salvage material from the structure

3 Private Property

Agricultural Land

Titleholder Compensation at replacement cost or actual market value or as decided by competent Authority

1. Compensation for land as per LA Act. If the replacement cost (determined as per para 5.7.1 of the policy framework) is more than the compensation, as determined by the Competent Authority, then the difference is to be paid by the project in the form of assistance

2. If the residual plot(s) is (are) not viable, i.e., less than average land holding of the district, the following options will be given to the EP. 1. If the replacement cost (determined as per para 5.7.1 of the policy framework) is more than the compensation, as determined by the Competent Authority, then the difference is to be paid by the project in the form of “assistance”. The EP keeps the remaining land, and the compensation and assistance is paid to the EP for the land to be acquired. Compensation and “assistance” are given for the entire plot including residual plot, if the owner of such land wishes that the project authority should also acquire his residual plot. The project authority will acquire the residual plot so paid. If EP is from vulnerable group, compensation for the entire land is by means of land for land if so wished by EP provided that the land of equal or more productive value is available.

3. In case of partial acquisition of land or severance of agricultural, if the residual plot is viable (i.e., less than 0.4 ha. in the case of irrigated land less then 1 ha in case of non- irrigated land , then an additional grant of 10 % of the amount paid for land acquisition shall be given

4.Transitional allowance of Rs.2000 per month for 9 months if the residual land is not viable (less than average district holding or land acquired is 75% or more of the total

27



land holding of the titleholder)or for 3 months if the residual land is viable

5.Stamp duty and other fees payable for registration shall be borne by project as applicable if the purchase of alternate land is complete within one year from the date of acquisition

4. Livelihood loss

Wage Earning Title Holder

Income Restoration 1.For shop/ business owners 120

days of minimum wages as financial assistance for livelihood losses only for the title holders

2.One family member of affected vulnerable household shall be provided necessary training facilities for development of entrepreneurship skills to take up self employment projects as part of the R & R benefits

5. Loss of Structure

Squatters Non-Title Holders

Assistance/ Rehabilitati

on

1.For losers of residential houses they shall be given R & R assistance/ allot a house under the Maharashtra govt. available scheme, if possible

2.For commercial unit losers they shall be given R & R assistance as subsistence allowance for loss of income / allot a shop in vendor market, if possible

3.Notice should be served with sufficient time period to remove their assets

6. Additional support

to vulnerable groups

Housing Household R& R Assistance 1.One time additional assistance of

Rs. 5000 will be paid in acquisition to other eligible entitlements to the vulnerable groups as identified in Government of Maharashtra's Housing Policy

7. Shifting Business

Mobile & Ambulatory

Vendors

Non-titleholder

R & R Assistance 1.Will be assisted as per Government

of Maharashtra's Hawkers Policy.

8. Community

Infrastructure

Common Property

Resources

Community

Conservation,

Protection, Compensat

ory Replacemen

t

1.The common property resources and the community infrastructure shall be relocated in consultation with the community

28



9. Religious Property

Temple Community

Compensation/

Reconstruction

1.In consultation with local community

10. Any Other impact not yet

identified, whether loss of

asset or livelihood

Mitigation1. Unforeseen impacts shall be documented and mitigated based on the principles agreed upon in this policy framework.

INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATIONSCHEDULE INTRODUCTION

The National Highways Authority of India is responsible for the technical aspects and

overall execution of the Project. The Project Implementation Unit (PIU) cell headed by

Project Director is situated in Nagpur. A Social & Environmental Management Unit (SEMU)

shall be created and headed by an officer of the rank of Executive Engineer to look after

the land acquisition and rehabilitation and resettlement process in head office. The cell of

Project Implementation Units shall be established at Field Level. With regard to

implementation, NHAI is responsible for monitoring the use of loan funds and overall

implementation process. The Project Director (PD) shall have overall responsibility for

policy guidance, coordination and planning, internal monitoring and overall reporting of the

Project. SEMU facilitates land acquisition and compensation, relocation and resettlement,

and the distribution of assistance for the PAPs. The main responsibility of SEMU is

monitoring and implementing all resettlement and rehabilitation activities, including land

acquisition. The responsibilities of this unit include:

The role of Project Implementation Unit (PIU)

15. Responsible for all land acquisition activities;

16. Liaison with respective district level offices to facilitate PAP access and

take advantage of services and programs already in place;

17. Evolve mechanisms for coordinating the delivery of the compensation

and assistance to entitled persons;

18. Review and provide social development perspectives and inputs to on-

going project design and implementation by working closely with

project planners, contractors, and construction supervision

29



consultants;

19. Oversee a grievance redress process, actively monitor RAP

implementation, and cooperate with planned project evaluations.

20. Ensure availability of budget for R&R activities

21. Liaison with district administration for support for land acquisition and

implementation of R&R

22. Selection and appointment of the NGOs / field staff.

For resettlement planning and successful implementation of Resettlement Plan there will be

a set of institutions involved at various levels and stages of the Project as listed below.

23. National Highways Authority of India

24. PWD

25. Field staff deputed from PWD to PIU

26. Grievance Redressal Committee (GRC)

27. Land Valuation Committee, only if during detailed design land

acquisition needs are identified.

For resettlement activities, the Executing Authority (EA), i.e NHAI, will do the overall

coordination, planning, implementation, and financing. The NHAI will create a Resettlement

Cell by hiring a consultant or appointing a resettlement specialist and required support

staff for the duration of the Project to ensure timely and effective implementation of RAPs.

The NHAI/PIU will coordinate with State PWDs for project level resettlement related

activities.

The institutional framework and the roles and responsibilities of various institutions to be

involved in the R&R activities of the Project and implementation of RAP are described

below.

The PIU shall have a Resettlement Unit (RU) with at least one full-time Resettlement

Officer (RO) for the duration of resettlement activities, with an academic background in

social sciences, and relevant skills and experience in resettlement issues. The PIU shall

maintain all databases and work closely with Displaced Person (DPs) and other

stakeholders. Based on regularly updated data, a central database will also be maintained

30



by RU.

The RO will undergo an orientation and training in resettlement management at the

beginning of the Project. The training activities will focus on issues concerning -

i.) Principles and procedures of land acquisition

ii.) Public consultation and participation

iii.) Entitlements and compensation disbursement mechanisms

iv.) Grievance redressal

v.) Monitoring of resettlement operation. The RO will work closely with the

District Collector to expedite the payments of compensation for land

acquisition and assistance to DPs.

Non-Government Organization (NGO)/ field staff

Resettlement is a sensitive issue and strong experience in R&R matters along with

community related skills will be required by the PIU in order to build a good rapport with

the affected community and facilitate satisfactory R&R of the DPs. To overcome this

deficiency, experienced and well-qualified NGO or trained field staff from PWD in this field

will be engaged to assist the PIU in the implementation of the RAP.

The NGO/field staff would play the role of a facilitator and will work as a link between the

PIU and the affected community. Further they will educate the DPs on the need to

implement the Project, on aspects relating to LA and R&R measures and ensure proper

utilization of various compensations extended to the DPs under the R&R entitlement

package.

For the implementation of the RAP a local Non-Government Organization (NGO) shall be

engaged. The NGO will implement the RAP in coordination with the Social Officer of NHAI

and Displaced Community. The NGO will carry out consultation with the affected

community; verification of affected families and will prepare micro plans. The other

activities to be carried out by the NGO includes preparation and distribution of identify

cards for every individual PAF, opening of joint bank accounts, disbursement of assistance,

counsel for the productive use of assistance amounts, monitor the use of assistance

amounts, planning for relocation of displaced households, allotment of houses, and

coordinate the entire shifting process. The role of NGO in resettlement and rehabilitation

31



relates to human aspects and economic rehabilitation requires human resources

development consisting of education, training, awareness creation, coordinating between

implementing agencies etc. specifically, the tasks of the NGO will be

28. Develop rapport with PAFs and between PAFs and Project staff

29. Verification of PAFs

30. Consultations with the local community during the implementation of

the RAP

31. Preparation of micro plan and assist the PAFs in receiving the rehabilitation assistance

32. Motivate and guide PAP for productive utilization of the compensation and assistance amounts

33. Assist the PAFs in getting benefits from the appropriate local development schemes

34. Assist NHAI in Planning for relocation of displaced households, allotment of houses, and coordinate the entire shifting process

35. Forward the grievances of the PAFs to the grievance redressal mechanism

36. Assess the level of skills and efficiency in pursuing economic activities, identify needs for training and organize training programs

37. Participate in the monthly review meetings with the Social Officer and Displaced community

38. Carry out other responsibilities as required from time to time

Selection of NGO: It is extremely important for successful implementation of RAP to select

a genuine and capable NGO committed to the tasks assigned. Key quality criteria include:

• Experience in direct implementation of programs in local, similar

conditions;

• Availability of trained staff capable of including vulnerable community

into their programs;

• Competence, transparency and accountability based on neutral

evaluations, internal reports, and audited accounts; and

• Integrity to represent vulnerable groups against abuses; experience in

32



representing vulnerable groups, demonstrable mandate to represent

local groups.

• Should have a clearer understanding to gender and poverty relations

within the community and have the ability to pay particular attention

to the social and economic needs of women and other vulnerable

community.

The NGO will be involved through mutually agreed terms and conditions with specific

responsibilities and in-built accountability. A contract will be signed with the NGO indicating

the tasks to be performed and the amount to be paid for their services. The payment to the

NGO will be linked to performance of the tasks assigned and the time period. Their

payment will be arranged by the executing authority and the NGO will submit a monthly

progress report. The monitoring and evaluation will also include the performance of the

contracted NGO.

LAND VALUATION COMMITTE (LVC)

A LVC shall be established and headed by a senior officer from the land revenue

department at state/district level and include representatives from department of

agriculture, forest, horticulture, representatives from the Zilla Parishad, local panchayats

of displaced persons, independent valuer engaged by EA, local NGO representatives and

RO/representative from the PIU. This committee will not operate for full time and will be

functional at the time of finalization of RAP budgets and during land acquisition.

The LVC will be responsible for finalizing the values of the affected assets taking into

account the prevalent replacement value on the basis of land market survey, undertaken

by the independent valuer appointed by the EA. The prices for land and other assets

established and approved by the LVC will be used for compensation for the Project. These

rates will be reviewed and updated on an annual basis during the course of project

implementation.

GRIEVANCE REDRESSAL COMMITTEE (GRC)

The resettlement plan strongly recommends all efforts to be made to settle grievances of

the affected persons as amicably as possible. Out of court settlement shall be preferred

since that expedites dispute settlement on the one hand and helps timely project

implementation on the other. Grievance redress committees (GRC) will be set up at district

level to resolve the concerns of affected persons (PAPs). The committee will consists of

33



representatives of NGO, representative of people i.e., MP/MLAs, line departments and

affected persons. The GRC will continue to function during the entire life of the project

including the defects liability period. The response time prescribed for the GRC is 15 days.

The GRC will meet once a fortnight to expedite redress of grievances. The functions of the

GRC are as follow:

• provide support to the PAPs on problems arising out of land/property

acquisition

• records the grievances of the PAPs, categorize and prioritize and solve

them within a month

• inform PIUs of serious cases within an appropriate time frame; and

report to the aggrieved parties about progress on their grievances

and decision of the PIUs.

The RAP will have a mechanism to ensure that the benefits are effectively transferred to

the beneficiaries and will ensure proper disclosure and public consultation with the affected

population. However, need also exists for an efficient grievance redressal mechanism that

will assist the DPs in resolving queries and complaints. Therefore, formation of GRC will

be most important for grievance redressal and it is anticipated that most, if not all

grievances, would be settled by the GRC. The GRCs are expected to resolve the grievances

of the eligible persons within a stipulated time. The decision of the GRCs is binding, unless

vacated by court of law.

The GRC will be constituted at PIU level comprising of Project Director, Resettlement

Officer, representative from local level NGOs, elected representative from Zila Parishad,

representatives of displaced persons including vulnerable groups and women in the

committee. The GRC will be a voluntary body and will continue to function, for the benefit

of the DPs, during the entire life of the Project including the defects liability periods.

The response time prescribed for the GRCs is three weeks. Since the entire resettlement

component of the Project has to be completed before the construction starts for the whole

project, the GRC will meet at least once in three weeks to resolve the pending grievances.

Other than disputes relating to ownership rights under the court of law, GRC will review

grievances involving all resettlement benefits, compensation, relocation, and other

assistance. The agencies responsible for resettlement planning and implementation are

presented below.

34



Members of GRC: The suitability of the Chairperson will be decided by the District

Collector in consultation with NHAI. The GRC will have representatives of PAPs, NGO and

other opinion leaders who will look into the grievance of the people. It will be chaired by a

retried officer, who served as retired district judge/ DM/Additional DM along with the

nominated persons as well the cell shall have representative from NHAI as convener.

IMPLEMENTATION OF RAP

Implementation of RAP mainly consists of compensation to be paid for affected structures;

rehabilitation and resettlement activities. It is likely that the overall project will be

implemented after the land acquisition and civil works of contract for each sub-project

shall only be awarded when compensations and R & R disbursed to entitled persons and

minimum 80% of the land taken over by NHAI.

Specific situations may require an increase in time, allotted to a task but not limited to

local opposition, seasonal factors, social and economic concerns, training for support staff

and financial constraints. The completion of schedule will involve continuous coordination

among the project management units and the various other involved department and

agencies.

Capacity Building

The implementation of the RAP will require capacity building and orientation of the officers

in charge of LA and R&R at the PD office level. Therefor, it is planned that these officers will

be imparted training and orientation on social safeguards and various aspects of LA and

R&R for effectively implementing the RAP. The training and orientation will be conducted

with the help of consultants and experts. The following components will be covered in the

training.

14.Understanding the NHAI Act, LA and R & R Act, National Policy, World

Bank and ADB guidelines and requirements;

15.Understand the policy procedure adopted under the project;

16.Understanding the Implementation Schedule activities step by step;

17.Understanding of the Monitoring and reporting mechanisms; and

18.Understanding of the economic rehabilitation schemes

35



Implementation Procedure

The proposed R & R activities are divided into three broad categories based on the stages

of work and process of implementation. The details of activities involved in these three

phases, i.e. Project preparation phase, RAP Implementation phase and Monitoring and

Evaluation period are discussed in the following paragraphs.

Project Preparation Phase

The major activities to be performed in this period include establishment of PIU office and

field level respectively; submission of RAP; appointment of consultants and establishment

of GRC etc. The information and community consultation will be a process initiated from

this stage and will go on till the end of the project

Implementation Phase

• After the project preparation phase the next stage is implementation

of RAP that includes

• Identification of Cut-off date and notification for land acquisition as

per NH Act-1956 regarding land acquisition;

• Verifying of properties of affected persons and estimation of their type

and level of losses;

• Issues regarding payment of compensation and eligible assistance;

• Preparation of affected persons for relocation and rehabilitation of

affected persons;

• Initiation of economic rehabilitation measures and relocation and

rehabilitation of the affected persons;

Monitoring and Evaluation Phase

The project authority will be responsible for carrying out M&E. Internal monitoring will be

carried out by the Social Officer of NHAI with assistance from Social Officer and NGO

whereas external monitoring and evaluation will be carried by a third party. The

institutional arrangement for external monitoring and evaluation will be followed as

mentioned in agreed SEMF. It will engage services of an external agency (third party) to

carry out monitoring and evaluation. This will help monitor project activities closely.

Regular monitoring by undertaking site visits will help identify potential difficulties and

problems faced in the project implementation and subsequently help take timely corrective

36



measures including deviations, if needed.

Monitoring will start as soon as the NGO is mobilized at site for implementation of RAP.

Components of monitoring will include performance monitoring i.e., physical progress of

the work such as construction of houses in relocation site, provision of basic amenities,

relocation of displaced households, etc. and impact monitoring and external evaluation.

Indicators that would be monitored related to performance are provided in the following

sections. However, if during the project implementation some other indicators are found

relevant those shall be included.

Internal Monitoring

The project is responsible for internal monitoring on regular basis with the help of Social

Officer of NHAI and Social Specialist of supervision consultant. A quarterly report of

internal monitoring will be prepared by Social Officer. NHAI will maintain a record of all

transaction in their resettlement database, followed by entitlement records signed by the

affected persons and survey based monitoring of resettlement progress. The internal

monitoring will also provide feedback on community concerns, grievances and requests.

Internal monitoring will focus and ensure the followings:

• Verification that there are no outstanding or unresolved issues with

respect to the project and that property valuation and economic

rehabilitation in accordance with the provision of plan,

• Information campaign, discrimination and consultation with affected

persons,

• Status of relocation and timely disbursement of R&R assistance,

• Value of entitlement received equal to that of actual structure

acquired,

• Use of entitlement and monitor its use,

• Compensation for affected structures and other assets,

• Payments for loss of income,

• Relocation of affected persons and supports provided,

• Implementation of economic rehabilitation and income restoration

measures as per the entitlement matrix,

• Effective operation of the Grievance Redress Committees detailing out

37



number of complaints received and those resolved; reasons for not

being able to resolve the grievance and status of unresolved

grievances, and

• Funds for implementing economic rehabilitation activities as timely

manner and sufficient for the purposes and spent in accordance with

the plan.

External Periodic Evaluation and Concurrent Monitoring

The implementation activities will be evaluated externally during mid- term and end term

through an independently appointed agency, consultant not involved with any aspects of

the Project, which will also provide support to NHAI. NHAI will hire such external agency. A

survey of affected households will be undertaken to assess the degree to which the

project’s resettlement objectives have been met. The socio-economic survey undertaken

during RAP preparation will form a baseline data, from which many of the indicators can be

measured. A survey at the end of the sub-project period will cover all PAPs and assess

changes caused by the project. The aim of the sample monitoring survey will be to

measure the extent to which PAPs living standards have been restored/improved.

External monitoring will also be conducted to assess the Resettlement Action Plan

implementation and its impacts, verify internal monitoring and suggest adjustment of

delivery mechanisms and procedures. Additional monitoring surveys of a sample of

affected households will be undertaken as a part of this activity. The socio- economic

baseline surveys conducted during resettlement planning will be a part of this monitoring

activity. This activity will be undertaken by an external independent agency trained in

monitoring and evaluation and familiar with resettlement aspect of the infrastructure

development, which will provide feedback on RAP implementation. The cost needed for

such procurement will be borne by the project cost.

The external monitoring will review the resettlement implementation. The

external monitoring involves on:

• Review of RAP Implementation,

• Review of internal monitoring Reports,

• Review of compensation status,

• Rehabilitation supports,

• Relocation status,

38



• Information disclosure,

• Process and mechanism of compliance redress,

• Employment status of the PAPs,

• Livelihood restoration, and

• Awareness in HIV/AIDS and human trafficking.

• Based on the above mentioned activities the external monitor will

focus on:

• Evaluation of social and economic impact of relocation and economic

rehabilitation of the project affected persons.

• Verify the objectives of enhancement of economic condition PAPs, or

at least restoration of income levels and standard of living of the

affected persons.

• Furnishing creative suggestions and modifications in relocation

process and economic rehabilitation, if necessary.

• Making ex-post evaluation to ensure all resettlement activities are

properly conducted.

• Verification of internal monitoring to ensure the appropriateness of

activities carried out by program implementation unit in the field.

• Conduct household survey of PAPs to monitor progress comparing

with pre-project, pre-resettlement standard.

• Evaluation of delivery system to the PAPs and assess impacts of

entitlements to determine the approved resettlement action plan.

• Evaluation of consultation and grievance redress procedures to

identify the levels of public awareness of grievance-redressed

procedures, accessed by project affected persons and households for

information and rapid conflict resolution.

• Evaluation of actual operations of grievance committee to assist

project affected persons as required and to act as observers.

• Declaration of successful implementation for summing up of activities

related to entitlements, distribution and resettlement.

Recommend follow up action relating to outstanding actions required to

complete achievement of objectives of the RAP and resettlement policies,

additional mitigation measures for project affected persons.

39



R & R Implementation Schedule

Implementation of RAP consists of land acquisition, payment of compensation by

Competent Authority for Land Acquisition, relocation of displaced families and rehabilitation

of all PAFs. As per the conditions in the civil works contracts, land free from all

encumbrances is to be made available to the contractors in both packages.

Table 8.1: Agencies Responsible for Resettlement Implementation

Activity Agency Responsible

Establishment of Resettlement Units in PIU and

appointment of Resettlement officer (RO) and field staffPIU

Organizing resettlement training workshop PIU

Social Assessment and Preparation of land acquisition

plan, Resettlement Action Plan (RAP) and Indigenous

People development Plan (IPDP) as required

PIU through (Design

and Project

Management

Consultant) DPMC

Public consultation and disclosure of RAP PIU/DPMC

Co-ordination with district administration for land

acquisitionPIU

Hiring of NGOs PIU

Constitution of land valuation committee and grievance

redress a committeePIU

Review and obtaining of approval of resettlement and land

acquisition plansPIU

Submission of land acquisition proposals to District

CommissionerPIU

Compensation award and payment of compensation District Commissioner

40



Activity Agency Responsible

Payment of Grant PIU

Taking possession of acquired land and structures PIU

Handing over the acquired land to contractors for

constructionPIU

Notify the date of commencement of construction to DPs PIU

Assistance in relocation, particularly for vulnerable groups PIU/Implementing NGO

Internal monitoring of overall RAP Implementation PIU/NGO

External M&EExpert/NGO appointed

for external monitoring

The period for implementation of RAP will be decided by the NHAI/PIU along with hiring an

NGO. The Planning, surveying, assessing, policy development, institution identification,

affected/ displaced persons' participation, income restoration and implementation are

typical RAP related activities to be performed. However, the sequence may change or

delays may occur due to circumstances beyond the control of the Project.

COST AND R & R BUDGET

COST AND BUDGET

The budget is indicative of outlays for the different expenditure categories. These costs

will be updated and adjusted to the inflation rate as the project continues and in

respect of more specific information such as additional number of PAPs during the

implementation, unit cost will be updated if the findings of the district level committee on

market value assessment justify it.

The estimated budget for resettlement action plan for the project which include land

acquisition cost, structures cost and contingency is prepared as per the Right to Fair

41



Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act-

2013. The resettlement cost estimate for this project includes eligible compensation as per

entitlement matrix and support cost for RAP implementation. Contingency provisions of

about 10% of the total cost of R & R component is considered in the budget mainly to

meet the inflation and also to meet the cost of additional land acquisition if required. The

valuation of losses has been considered on the basis of consultation with the revenue

officials as well as with the project affected population. Some of the major items of this

R&R cost estimate are outlined below and the R&R budget is presented in Table 9.3.

• Compensation for Land

• Compensation for structures and other immovable assets at replacement cost

• RAP implementation cost

Compensation for Land

The total private land need to be acquired for the proposed project is 268.5.

hectares especially for widening of existing road and development of bypasses and

realignment. The agricultural land price has been calculated on the basis of highest of

circle Rate in the respective village.

The valuation of losses has been considered on the basis of consultation with the revenue

officials as well as project affected people. While the information obtained from the

revenue offices has been treated as actual transaction rate for compensation and the

information obtained from the affected people or villagers is treated as the existing non

official market value. The detail land account is appended in Annexure 9.1.

According to LARRA Act-2013, the market value of land as mentioned under section

26 of act needs to be multiplied by the radial factor (based on the distance of

project from urban area as notified by the appropriate government- e.g

multiplication of 2 in Rural area and Multiplication of 1 in Urban area) plus value of

assets attached to land or building (mentioned in Section 29 of LARRA Act-2013) Plus

Solatium (solatium includes 100% market value multiplied by 2 plus value of assets in

Rural area and multiplied by 1 plus value of assets in urban area).

42



Table 9.1 Circle Rate of Land in Section-I Project Road

Sl. No.

VillageAgriculture Land Rate

(Rs.)

Non Agriculture Rate (Rs.)

Total Land Value in (Rs.)

R & R Compensation

(Rs.)

Waranga -Mahagaon (Package-I)

1Waranga 8851980 1155000 10006980 40027920

2 Kurtadi 2094400 0 2094400 8377600

3 Chunchua 3900820 315000 4215820 16863280

4 Manatha 2333100 1050000 3383100 13532400

5 Sibdara 3247335 393750 3641085 14564340

6 Chinchaghawan 1419600 0 1419600 5678400

7 Bamni 2715720 787500 3503220 14012880

8 Baradsewala 5032500 0 5032500 20130000

9 Palse 7856538 1925000 9781537.5 39126150

10 Ambala 4957470 787500 5744970 22979880

11 Koutha 2331420 525000 2856420 11425680

12 Hadgaon 3702090 0 3702090 14808360

13 Gojegaon 889380 0 889380 3557520

14 Wakoda 1119960 525000 1644960 6579840

15 Marlegaon 6288450 0 6288450 25153800

16 Umerkhed 22445500 0 22445500 89782000

17 Nageshwadi 3928500 0 3928500 15714000

18 Sukali 1516900 210000 1726900 690760 0

19 Amanpur 2196425 0 2196425 8785700

43



Sl. No.


(Rs.)



R & R Compensation

(Rs.)

20 Chilli 6061825 0 6061825 24247300

21 Nandgaon 1453375 0 1453375 5813500

22 Bijora 2744000 0 2744000 10976000

23 Mudana 9924250 1050000 10974250 43897000

24 Mahagaon 7291200 0 7291200 29164800

25 Kalgaon 4847625 0 4847625 19390500

TOTAL 119150363 8723750 127874112.5 511496450

Mahagaon – Yavatmal (package II)

1 Kalgaon 1090425 0 1090425 4361700

2 Amboda 6585250 6300000 12885250 51541000

3 Khadka 5010375 0 5010375 20041500

4 Wagnath 930000 0 930000 3720000

5 Kaurwadi 2441250 0 2441250 9765000

6 Hiwra Sangam 7905000 0 7905000 31620000

7 Dhanoda 8321000 8400000 16721000 66884000

8 Dahisawali 3826950 0 3826950 15307800

9 Pohandul 2185500 1820000 4005500 16022000

10 Bhosa 4777875 2800000 7577875 30311500

11 Kosdhani 2811900 5267500 8079400 32317600

12 Lonbhel 3728750 12075000 15803750 63215000

44



Sl. No.


(Rs.)



R & R Compensation

(Rs.)

13 Sukali 7231875 0 7231875 28927500

14 Deurwadi 2252250 2257500 4509750 18039000

1545 Kolwan 2070250 0 2070250 8281000

16 Arni 1442875 8662500 10105375 40421500

17 Jawla 14212000 4025000 18237000 72948000

18 Tharoda 3906875 2415000 6321875 25287500

19 Mangrul 4893750 0 4893750 19575000

20 Bhamb 3712500 3500000 7212500 28850000

21 Kharole 1155000 0 1155000 4620000

22 Hivri 5126000 0 5126000 20504000

23 Shiwandari 2743125 0 2743125 10972500

24 Manpur 240625 3237500 3478125 13912500

25 Mahsola 2047500 0 2047500 8190000

26 Arjuna 1428000 8400000 9828000 39312000

27 Kinhi 8368780 2520000 33568780 134275120

28 Wadegaon 454300 11672500 12126800 48507200

TOTAL 110899980 106032500 216932480 867729920

Yavatmal - Wardha(Package-III)

1 Wadegaon 4081000 4528125 8609125 34436500

2 Gondhanijara 9721600 8925000 18646600 74586400

45



Sl. No.


(Rs.)



R & R Compensation

(Rs.)

3 Bhosa 3948750 2572500 6521250 26085000

4 Dolumbe 7700000 13912500 21612500 86450000

5 Bharijara 5181750 3360000 8541750 34167000

6 Madkona 3531075 0 3531075 14124300

7 Belona 4244625 0 4244625 16978500

8 Chapardha 2021250 8575000 10596250 42385000

9 Ghorthi 3243625 2572500 5816125 23264500

10 Kalamb 20729800 37975000 58704800 234819200

11 Kamatwada 2653625 0 2653625 10614500

12 Kuthala 2257800 0 2257800 9031200

13 Mankapur 2021250 0 2021250 8085000

14 Galamgaon 1482250 10290000 11772250 47089000

15 Sirpur 673750 24010000 24683750 98735000

16 Husnapur 2675750 0 2675750 10703000

17 Kajalsara 0 0 0 0

18 Bhidi 5187875 11147500 16335375 65341500

19 Ratnapur 5120500 0 5120500 20482000

20 Wai 1751750 0 1751750 7007000

21 Isapur 2897125 0 2897125 11588500

22 Deoli 15087800 12005000 27092800 108371200

46



Sl. No.


(Rs.)



R & R Compensation

(Rs.)

23 Selsura 4177250 5145000 9322250 37289000

24 Meghapur 269500 0 269500 1078000

25 Balapur 1414875 0 1414875 5659500

26 Salod 1414875 0 1414875 5659500

Total 113489450 145018125 258507575 1034030300

Source: Land Record Department, Hingoli, Nanded and Yavatmal Dist. & www.igrmaharashtra.gov.in

Since the proposed alignment passes through almost rural areas hence the compensation

for the respective land is derived as per circle rate and four times of the same is

considered as per new act. According to circle rate, the total amount of private land

stands at Rs. 127874112.5 and four times of the same is Rs. 511496450 needs to be

compensated.

Compensation for Structures

The replacement cost of structure is estimated based upon the Basic Schedule Rate

(BSR) of the structure, Roads and Buildings Department, Government of Maharashtra.

The existing structures are either permanent or semi-permanent. As per census

data a total number of 291 structures including 267 private structures are estimated

for the social budget. Maximum numbers of the main structures, which are likely to be

impacted are Semi pucca (34.71%) followed by kutcha (34.02%) and followed by pucca

structures 23.02% Apart from private structures; religious and govt. structures are

also considered for R & R compensation. The solatium 100 percent of the BSR rate of

private structures is included for final compensation. The estimated budget calculation

sheet is appended in Annexure 9.3.

Table 9.2: Impact on Structures in Section-I Road

Sl. No.

Typology No. Unit Rate Total Amount

R & R Compensation

47



(Rs.) (Rs.) (Rs.)

Package-I

(A) Impact on Private Structure

1 Pucca 67 3,00,000 20100000 40200000

2 Semi Pucca 101 1,50,000 15150000 30300000

3 Kutcha 99 80,000 7920000 15840000

TOTAL 267 43170000 86340000

(B) Impact on Religious Structure

1 Pucca 16 1,00,000 1600000 1600000

TOTAL 1600000 1600000

(C) Impact on Government Structure

1 Pucca Building 1 2,00,000 200000 200000

2 Pucca- Bus Stop 7 50,000 350000 350000

TOTAL 8 550000 550000

Package-II

1 Pucca 78 3,00,000 23400000 46800000

2 Semi Pucca 236 1,50,000 35400000 70800000

3 Kutcha 35 80,000 2800000 5600000

TOTAL 349 61600000 123200000

1 Pucca 33 1,00,000 3300000 3300000

48



Total 3300000 3300000

1 Pucca Building 2 2,00,000 400000 400000

2 Pucca- Bus Stop 14 50,000 700000 700000

Total 16 1100000 1100000

Package-III

(A) Impact on Private Structure

1 Pucca 76 3,00,000 22800000 46800000

2 Semi Pucca 135 1,50,000 20250000 40500000

3 Kutcha 35 80,000 2800000 5600000

Total 349 61600000 123200000

(B) Impact on Religious Structure

1 Pucca 33 1,00,000 3300000 3300000

Total 33 3300000 3300000

(C) Impact on Government Structure

1 Pucca Building 10 2,00,000 2000000 2000000

2 Pucca- Bus Stop 9 50,000 450000 450000

Total 19 2450000 2450000

A total of Rs. 688419899.77 for package -I, A total of Rs. 1142890557.6 for package-II

and total of Rs. 1260468746.57 has been estimated for implementation of Resettlement

Action Plan. The NHAI guidelines recommend that the compensation for the lost land and

structures be paid through the competent authority. For structures valuation, the

49



concerned government department may be requested to assess the value. The details of

estimated budget is presented in Table 9.3 below.

Table 9.3: Estimated Cost and R & R Budget

Sl. No

Item Unit Quantity Total Land / Structure Value

(Rs.)

R& R Compensation

(Rs.)

Package-I

A. R & R Compensation for Land

1 Compensation for Agricultural Land

Hectare 261.4 119150362.5 476601450

2 Compensation for Non-Agricultural Land

Hectare 1.103 8723750 34895000

Total Land Cost 127874112.5 511496450

3 Cost of registration and other fees (@ 5% of Total Land Value)

6393705.63 25574822.52

Total 537071272.52

B. R & R Compensation for Structures

1 Compensation for Private Structures

Number 267 43170000 86340000

2 Compensation for Religious Structures

Number 16 1600000 1600000

3 Compensation for Govt. Structures Number 8 550000 550000

Total 88490000

C. Expenditure for Project Implementation

1 Hiring of NGO for Resettlement Plan Implementation

Number 1 200000 200000

2 Printing of Policy and ID Card Number 50000 50000

3 Updating of Survey Data 25000 25000

Total 275000

Sub Total (A+ B+ C) 625836272.52

D. Contingency

1 Contingency at 10 % of the Sub Total

62583627.252

GRAND TOTAL (A+B+C+D) 688419899.77

Package -II

A. R & R Compensation for Land

50




Hectare 270.32 110899980 443599920


Hectare 19.28 106032500 424130000

Total Land Cost 216932480 867729920


10846624 43386496

Total 911116416



Number 349 61600000 123200000


Number 33 3300000 3300000




Number 1 200000 200000



Sub Total (A+ B+ C) 1038991416

Package-III


Hectare 222.2 113489450 453957800


Hectare 20.913 145018125 580072500

Total Land Cost 258507575 1034030300


12925378.75 43386496

Total1046955678.7

5



Number 246 46450000 92900000


Number 33 3300000 3300000

51




Total 98650000



Number 1 200000 200000



Total 275000

Sub Total (A+ B+ C) 1145880678.7

D. Contingency

1 Contingency at 10 % of the Sub Total

114588067.87

GRAND TOTAL (A+B+C+D) 1260468746.57

For loss of structures, all PAPs will be compensated for their affected structures at

replacement cost, for which provision has been kept in the Entitlement Matrix. All the

squatters with structures and only vulnerable encroachers will be eligible for assistance for

loss of their structures.

The implementing NGO for RAP will play proactive role to mobilize various government

schemes and ensure their accessibility and benefits to the PAPs, particularly vulnerable

groups. The NGO will work with the local governments to make available to the PAPs

benefits of some of the ongoing pro-poor programs for poverty reduction.

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