Resettlement Plan January 2011 IND: North Karnataka Urban Sector Investment Program Prepared by the DHV India Pvt. Ltd. for the Asian Development Bank.

Figure 1: Proposed Sewage Treatment Plant RS Map

FRO

M S

URPUR

BHIMA RIVER

FROM TUMUKUR VILLAGE

FROM MUMBAI

FRO

M C

HIT

APUR

HATTIK

UNI

VII

LLAGE TO

DUSTHRABAD

TO RAMA RIVER

TO WARKANAHALLI

TO KOWLUR VILLAGE

TO

PO

GLAPU

R

TO MADRAS

V.B.OF BUNDH VILLAGE

YADGIR

.K. V

ILLA

GE BO

UNDAR

Y

V.B

.OF D

USTHRABAD

V.B

.OF M

UND

RAG

A

YADGI

R .K. V

ILLA

GE BO

UNDA

RY

V.B.OF MUN

DRAG

A

V.B.OF MUNDRAGAYADGIR .B. BOUNDARY

YAD

GIR

.B. BO

UND

ARY

TO

KO

WLUR V

ILLA

GE

YADGIR .B. BOUNDARY

V.B.OF HOSA VILLAGE

V.B.OF HO

SALI VILLAGE

YADGIR .B. BOUNDARY

DISTRICT M

AIN ROAD 30 M

30 M WIDE STATE HIGHWAY

30 M

WID

E DI

STRI

CT M

AIN

ROAD

30 M

WID

E D

ISTRIC

T M

AIN

RO

AD

30 M WIDE DISTRICT MAIN ROAD

30 M

WID

E D

ISTRIC

T M

AIN

RO

AD

WID

E S

TATE

30 M

HIG

HW

AY

YADGIR

ANNEXURE - III

YADGIR TOWN

YADGIR 'B' VILLEGE

YADGIR 'K' VILLEGEMUNDARGA VILLAGEMOJRA HOSALLI VILLEGE

43,666

TOTAL 43,666 3083.00 ha or 30.83 sq,km

NALLAS

HILLOCKS

DATE

TITLE

TOWN PLANNING AUTHORITY

MEMBER SECRETARY

REVENUE SURVEY MAP

MUNICIPAL BOUNDARY

CONURBATION BOUNDARY

LOCAL PLANNING AREA BOUNDARY

ROADS

RAILWAY LINE

GRAVE YARDS

INDEX

MASTER PLAN

LOCAL PLANNING AREA YADGIR

DRG.NO.

SCALE 1:

CHAIRMAN

YADGIR LOCAL PLANNING AREA

FOR

TOWN PLANNING AUTHORITY

OFFICE OF THE TOWN PLANNING AUTHORITY

GOVERNMENT OF KARNATAKA

SURVEY No. BOUNDARY

VILLAGE BOUNDARY

SLNO.

NAME OF THE TOWN POPULATION TOTAL EXTENTREFRENCE

VILLAGES INCLUDED AS PER INCLUDED1991 CENSUS IN HECTARES

T.M.C AREAPART RURAL VILLAGEEXCLUDED T.M.C AREA

PART RURAL VILLAGE

PART RURAL VILLAGE

1

2

345

738.27 ha

599.58 ha154.95 ha

95.20 ha

1495.00 ha

RURAL VILLAGE

RF 1:1

Figure 2: Proposed WET WELL near M.Hosalli Village

120.0012

0.00

xx

xx

33.00

MSLadder

Sluice Gate

Screen

250mmØ OverFlow Pipe toNearly Drain

SCREEN WELLPLAN

1.25

Pumping Main 400mmØ TO SIP InletChamber

250mmØNRV

250mmØ SLV

Gantry for Lifting Pump

1.10

250mmØMS Pipe

A1.50

0.60

150mmØ PVC Pipe

6.00

3.74

0.15

0.75

( TP-02 )

From ScreenChamber 800mm ØRCC Pipe

Sluice Gate

BB

CC

DESIGN FOR 11 MLD (2041)

4.50

5.105.706.0

0.75

ISMB 250

ISMB 250

800 mm Ø RCC over flow Pipe

Ø8.

00

0.40

8.00

8.50

9.10

0.30

P1 700mmØ RCC pipeL-9.0Mts

P3, 4

50m

mØ

MS

Pipe

L- 2

000.

0Mts

8.38

P2 400mmØ DI pipeL-5.0Mts

0.23

0.15

0.23

0.60

0.23

W

0.60

4.50

0.15

0.23

V

2.115

D

W

W W

W

0.15

(6.615X4.08)

0.90

0.90

0.90

1.20

0.15

CONTROL PANEL ROOM

A

A

V

HT

YA

RD

MC

MC TC

DP DP

LTKIOSK

MH

1M

H1

33.0

0

Figure 3: Proposed Sewege Teratment Plant near M. Hosalli Village

CURRENCY EQUIVALENTS (as of 29 June 2011}

Currency unit – rupee (INR) INR1.00 = $0.0222

$1.00 = INR 45.040

ABBREVIATIONS

ADB – Asian Development Bank APL – Above Poverty Line BPL – Below Poverty Line CAPP – Community Awareness and Participation Program CBO – Community Based Organization CDO – Community Development Officer DLVC – District Level Valuation Committee GRC – Grievance Redressal Committee IPC – Investment Program Consultants IPDP – Indigenous People’s Development Plan IPMU – Investment Program Management Unit KUIDFC – Karnataka Urban Infrastructure Development and Finance KUWSDB – Karnataka Urban Water Supply and Drainage Board LAA – Land Acquisition Act M&E – Monitoring and Evaluation MFI – multilateral financial institutions NGO – Non-Government Organization NKUSIP – North Karnataka Urban Sector Investment Program PMU – Project Management Unit SRP – Short Resettlement Plan STP – Sewage Treatment Plant ToR – Terms of Reference ULB – Urban Local Body YCMC – Yadgir City Municipal Corporation

WEIGHTS AND MEASURES

cm – centimeter dbA – decibels dia. – diameter ha – Hectare kg – kilogram km – kilometer l – liter m – Meter m2 – square meter

m3 – cubic meter mg/l – Milligrams per liter ml – milliliter MLD – million liters per day mm – millimeter sq. km. – square kilometers sq. m. – square meters μg/m3 – micrograms per cubic meter

GLOSSARY

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

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

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

Vulnerable Households - for Investment Program compensation entitlement purposes, are households headed by women, disabled persons, indigenous persons, and BPL households.

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

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

Deputy Commissioner - is the Administrative head of a district.

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

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

Private Property Owners - are those who have legal title to land, structure and other assets.

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

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

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

NOTE In this report, “$” refers to US dollars.

This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

TABLE OF CONTENTS

EXECUTIVE SUMMARY

Page

I. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 1 A. Introduction 1 B. Scope of Land Acquisition and Resettlement 1

II. SOCIO-ECONOMIC INFORMATION/PROFILE OF AFFECTED PEOPLE 6 A. Household Details and Social Structure 6 B. Household Size, Sex, and Gender 6 C. Gender Impacts. 6 D. Vulnerable Groups 6 E. Unit Costs for Land 6 F. Income and Occupational Pattern 7 G. Seasonal Laborers 7 H. Crop Loan 8 I. Consultations with affected persons 8 J. Cut-Off Date 8

III. OBJECTIVE, FRAMEWORK AND ENTITLEMENTS 10

IV. CONSULTATION AND GRIEVANCE REDRESS PARTICIPATION 14 A. Information Dissemination, Consultation, and Disclosure Requirement 14 B. Grievance Redressal Mechanisms 15

V. COMPENSATION AND INCOME RESTORATION 17 A. Compensation 17 B. Income Restoration 17

VI. INSTITUTIONAL FRAMEWORK 18

VII. RESETTLEMENT BUDGET AND FINANCING 20

VIII. IMPLEMENTATION SCHEDULE 21

IX. MONITORING AND EVALUATION 21 APPENDIXES 1. List of Participants/Officials Consulted 24 2. Legal land documents of Affected Persons 25 3. Notification 32 4. Photographs of proposed STP land 66

EXECUTIVE SUMMARY

1. Project Description and Background. The North Karnataka Urban Sector Investment Program (NKUSIP) proposes to improve the environmental quality of the urban areas through better urban infrastructure facilities and thus improve living conditions of the urban people. Yadgir City Municipal Corporation (YCMC) is one of the program towns under NKUSIP. It is proposed to lay trunk sewer for a length of 13.8 kilometer along with sub main and laterals for a length of 62.3 kilometer totaling 76 km. for design life of 30 years. In addition to sewer lines, 7.5 MLD STP with FAL technology is also established at M.Hosalli village of Yadgir City Municipal Council for 2026. Subsequently units of smaller capabilities can be added to cater to meet the demand of Yadgir City Municipal Corporation for 2041.

2. This is planned to be implemented in Tranche 3 of NKUSIP targeting to meet the demand for the year 2041 and the proposed Sewage Treatment Plant is near M. Hosalli village of Yadgir, CMC, in the survey no. of 109,111,112,168. The acquiring of 22.25 acres of land required for constructing the STP is under acquisition process. 3. Scope of Land Acquisition and Resettlement. The land proposed for the project is under process of acquisition. The 6(1) notification is issued on dated 25-11-2010 for 22.25 acres of proposed STP and Wet well. Out of 22.25 acres of land proposed to be acquired for 22 acres proposed for STP is farm land under cultivation and 0.25 acres proposed for Wet well is developed for residential plots. This proposed STP land is belongs to 7 farmers and family members (from whom the land is to be acquired for proposed STP) have continued cultivation in the 22 Acres of land. 4. To assess the resettlement impact of project the Socio-Economic survey was conducted on 29th and 31st of July 2010 to collect the data from all the 7 title holders as per 6(1) notification. Out of 7 title holders 6 title holders are cultivating the land in the proposed STP land and one land proposed for Wet well is not an agriculture land. The 7 affected households comprise of 37 persons. The affected owners grow both food crops and commercial crops like jowar, tur, green gram and cotton. 6 out of 7 affected families found to be Above Poverty Line (APL) and only one family is Below Poverty Line. There are two Women headed Households, one such (woman headed) household is belongs to BPL family. The Socio - Economic condition of the PAPs are illustrated in Chapter-2 of this report. As the main income source of the PAPs is agriculture and from subsidiary occupation (details are mentioned in table no.4). Livelihood source of 6 affected households will be affected due to this project. As all the 7 families are affected by the project, the impact of the project will be same for all families and the assistance for loss of land and standing crops and subsistence allowance will be same for all these families. 5. Objectives, Policy Framework and Entitlements. This Short Resettlement Plan is prepared to deal with the resettlement impact resulting from Construction of the Sewage Treatment Plant (STP), near M.Hosalli village of Yadgir, CMC. The primary objective of this SRP is to restore the loss of income and living standards of the Affected Persons due to implementation of the project within a short period of time without any disruptions in their own economic and social environment. 6. As the land for the project is under acquiring process by CMC, Yadgir, the review of the land acquisition acts is relevant here the resettlement plan has been prepared in accordance to

the R&R policy framework approved for NKUSIP, which demands ensuring the rehabilitation of all project affected persons irrespective of their title. The project policy framework ensures full participation of PAPs in planning and implementation of resettlement plan. 7. Gender Impact and Mitigation Measures. A gender analysis was undertaken for the project during the social assessment study to look into the current status and needs of the affected women in the sub-project area and the potential impact of the project on them through discussions with the women. It was found that 2 households are women headed household in the proposed land. 8. Information Dissemination, Consultation, disclosure and grievance redress. The SRP has been prepared in consultation with seven affected families. Discussions were held involving stakeholders, particularly with affected households to determine the potential impact. During the discussions, 2 PAPs in Sy No. 111 have requested to provide alternate land for continuing their agriculture as they do not have any other land than this for earning the livelihood. PAPs expressed their willingness to vacate the land provided that the alternate land and agricultural equipment are given. The project affected families’ preferred the Government to give land for land or consider existing market price of land and compensate accordingly. The resettlement plan will be disclosed in ADB’s and KUIDFC’s website, and information dissemination and consultation will continue throughout program implementation. 9. Grievance Redressal Mechanisms. NKUSIP has worked out institutional arrangements for redressing the grievances of the PAPs in the project. The first level of screening of grievances shall be undertaken by the implementing NGO and District Officer, Gulbarga. Only major grievances shall be placed before the GRC (will be constituted as per the guide line). The GRC will determine the merit of each grievance and attempt to resolve the same within a month from the date of lodging of complaints, failing which the grievance shall be addressed to the Deputy Commissioner, Yadgir. The GRC shall forward grievances of serious nature immediately on receipt of complaint to the Deputy Commissioner. The Deputy Commissioner will hear appeals against the decision of GRC. The decision of Deputy Commissioner is final and cannot be contested in any place except in the courts of law. 10. Compensation Relocation and Income Restoration. The land proposed for the project is under acquisition by CMC, Yadgir. However, the resettlement and rehabilitation of project affected persons is to be ensured. As per the ADB’s involuntary resettlement policy all the affected persons are entitled to get the resettlement benefits irrespective to their title. As far as this project is concerned the project affected persons are eligible to get mainly four type of assistance (i) Assistance for standing crops (If advance notice cannot be provided), (ii) Subsistence Allowance for one cropping cycle in case of seasonal crops (iii) Subsistence Allowance and Training allowance based on three months minimum wages (Rs.119.50 is the minimum wage in Karnataka for agricultural works- for vulnerable PAPs) and (iv) Assistance for purchase of Income generating assets, maximum for vulnerable PAPs 11. Institutional Framework. Karnataka Urban infrastructure Development and Finance Corporation (KUIDFC) is the nodal executing agency responsible for implementing NKUSIP. KUIDFC is a fully owned Government of Karnataka company incorporated under the Companies Act, 1956. KUIDFC has already handled projects funded by multilateral financial

institutions (MFIs) and is fully aware of MFIs financial management, accounting, reporting and disbursement policies and procedures. KUIDFC has a Social Development Officer, who is a qualified sociologist. As far as institutional arrangement of this sub project is concerned NKUSIP will be appointing some external agencies to work with the- respective offices of the NKUSIP, (i) an apex NGO, who will be transferring the knowledge and skills to smaller NGOs and monitoring of their work while implementing the resettlement plan (ii) An NGO will be appointed for acting as Public Awareness Consultants for Community Awareness and Participation Program (CAPP), who will prepare and implement a communications strategy (iii) Implementing NGOs, each ULB will be engaging the services of an NGO with experience in social/gender development and with a track record in resettlement and rehabilitation for resettlement plan implementation and the Deputy Project Director and implementation officers of ULB will be coordinating and monitoring the resettlement activities. 12. Resettlement Budget and Financing. The total R&R -cost -estimated at Rs 7,627,400/- (Total Budget will be complete only after confirming of the land acquired from each affected family) 13. Implementation Schedule. The resettlement plan implementation of the sub project will be in accordance with the guideline of the respective R&R policies approved for the project. While implementing the resettlement plan the activities such as, (i) Finalization of resettlement plan and Approval (ii) Appointment of resettlement plan implementation agency (iii) Issue of identify cards (iv) Payment of compensation and assistance for relocation (v) Training of vulnerable groups / income restoration activities (vi) Information sharing, consultations and disclosure meetings shall properly be implemented. 14. Monitoring and Evaluation. Monitoring involves periodic checking to ascertain whether activities are progressing according to resettlement plan. Monitoring will cover physical and financial components and provides a feedback to keep the program on schedule. Resettlement plan implementation will be closely monitored to provide PMU with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. For monitoring and evaluation (M&E), IPMU will appoint an independent agency/Apex NGO to undertake external monitoring for the entire sub-project. The independent agency/Apex NGO will monitor the sub-project on a half yearly basis and submit its reports directly to the PMU. The PMU will submit all M & E reports to the ADB for review. (ULB officials will carry out internal monitoring, Internal monitoring will track indicators such as the number of families affected; resettled; assistance extended, infrastructure facilities provided, financial aspects, such as compensation paid, grant extended etc.

I. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

A. Introduction

1. The Investment Program will facilitate economic growth in 25 selected towns of North Karnataka and bring about urban development by means of equitable distribution of urban services in an environmentally sound and operationally sustainable manner. Tranche III improvements focus on rehabilitation and construction of water supply, sewage, slum improvements and procurement of firefighting and emergency services equipment as well as other lake development. Yadgir subprojects include water supply, sewage, slum improvements and firefighting and emergency services equipment. The Investment Program is designed to minimize land acquisition and resettlement impacts. B. Scope of Land Acquisition and Resettlement

2. The Project is designed and planned to minimize land acquisition and ensure resettlement impacts. Subprojects/ components involving construction of water supply, sewage and sanitation systems are planned on vacant government land wherever possible, and any rehabilitation is proposed within the existing facilities’ premises to avoid land acquisition and resettlement. Overall impacts will be further minimized through careful siting and alignment during detailed design and subproject implementation. 3. The Yadgir subproject falls under Category B as per ADB Policy. Permanent land acquisition is required for a Sewage Treatment Plant (STP). The total area of private agricultural land requires acquisition is 22.00 acres is farm land and 0.25 acres of non farm commercially developed land. As indicated by this resettlement plan, the extent of land acquisition is not significant and covers seven households. The resettlement plan was prepared in accordance with the agreed upon Resettlement Framework. 4. Table 1 provides the summary of the resettlement impacts. Table 2 provides a summary of the sub-project components and land acquisition requirements. Table 3 provides a detailed summary of land acquisition and ownership. Table 4 provides socio economic data of affected persons. Land proposed for acquisition for STP at Yadgir will be farm lands of 22 acres and 0.25 acres of developed land with no structures or illegal settlers in it. The land accounts to part of the holdings of title-holders. Affected Persons in M.Hosalli are characterized as follows: (i) one agriculture title holder belongs to vulnerable households (BPL household and also a women headed household), one woman headed household is also considered as vulnerable household although belong to Above Poverty Line. Table 5 provides extent and %age of land acquired. Table-6 indicates check list followed for identification of indigenous peoples. All other 5 affected persons belong to APL households (ii) 4-8 are seasonal farm laborers. The resettlement plan includes socio-economic profiles of the affected persons and provides for appropriate compensation/mitigation measures for loss of land, crops, and income in accordance with the entitlement matrix (Table 7). Table -8 provides summery compensation details. Table -9 provides compensation details and Table-10 provides tentative Implementation schedule. No permanent or temporary land acquisition is anticipated for the laying of distribution networks as these are proposed within the boundaries of existing roads. The temporary impacts if any will be finalized during detailed design and minimized through careful siting, alignment, and site sensitive construction practices during subproject implementation.

2

Table 1: Proposed Sub-Project Components in Yadgir

Sr. No.

Sector Sub-Project Components

Scope of Land Acquisition and Resettlement

Involuntary Resettlement Category

(i) Sewage and Sanitation

Laying of sewer network for one zone 76 km length for 2041

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

B

Construction of one main sewage pumping station (wet well) 10.5 MLD for 2041

To be constructed in 0.25 acres of residential land Land totally under private ownership Land Acquisition required, No displacement envisaged

Developing a sewage treatment plant, FAL technology 7.5 MLD to cater 2026 with population of 69,055

STP to be constructed on 22 acres of private land in M. Hosalli Village of Yadgir Land totally under private ownership and currently under agricultural use. Land Acquisition required, No Displacement envisaged.

km = kilometer, MLD = million liters per day .

Table 2: Proposed Subproject Components and Scope of Land Acquisition in M.Hosalli for Yadgir STP

Impact Yadgir STP Permanent Land Acquisition (ha) 22.25 acres Permanently Affected Households 07 Titled affected households 07 Non-titled affected households 0 BPL affected households 01 APL affected households 06 Female-headed affected households 02 Indigenous Peoples /Schedule Caste affected households

0

Affected Trees/Crops / trees - Affected Common Structures 0 Average Family Size 5.3 Income Sources Permanently affected persons Farming and from

subsidiary occupation APL = above poverty line, BPL = below poverty line, ha = hectare, STP = Sewage

Treatment Plan.t

3

Table 3: Details of Land Proposed for Acquisition

Sr. No

Survey No.

Owner Name (names deleted to protect privacy)

Cultivator Name

Land Extent

Proposed for Acquisition in acre

Soil Type Land Type

Crop Name

1 111/a Son 7.700 7.700 Black cotton soil

Non Irrigated

Tur and Jowar

2 111/aa Self 7.725 7.725 Black cotton soil

Non Irrigated

Green gram and Tur

3 109/a Self 4.775 0.100 Black cotton soil

Non Irrigated

Jowar, Tur, Green gram and cotton

4 112/a Self 7.450 6.475 Black cotton soil

Non Irrigated

-

5 112/aa Self 3.725 Black cotton soil

Non Irrigated

Green gram and Tur

6 112/e Self 3.75 0 Black cotton soil

Non Irrigated

Green gram and Tur

7 168 Plots 16.175 0.250 Black Non Irrigated

4

Table 4: Socio-economic Data of Affected Persons Sr

. No.

Nam

e of

La

ndow

ner

Hou

seho

ld

mem

bers

–

Rel

atio

n w

ith

Land

owne

r

Age

Sex

Educ

atio

n

Mai

n O

ccup

atio

n

Subs

idia

ry

Occ

upat

ion

Tota

l ext

ent o

f La

nd u

nder

Po

sses

sion

in

acre

To

tal e

xten

t of

Land

pro

pose

d fo

r Acq

uisi

tion

In a

cre

Ave

rage

an

nual

inco

me

of H

ouse

hold

Ave

rage

an

nual

inco

me

from

affe

cted

La

nd

Hou

seho

ld

Ass

ets

1 Names deleted to protect privacy Self 46 F 6th Agriculture Agriculture 7.700 7.700 150,000 150,000 TV

2 Son 22 M 2nd Agriculture Agriculture 3 Self 48 M 7th Agriculture Agriculture 7.725 7.725 120,000 120,000 TV 4 Wife 40 F 7th Agriculture Housewife 5 Son 22 M 10th Agriculture Agriculture 6 Wife 40 F 4th Agriculture Petty shop 3.750

6.475

23,000 TV 7 Mother in law 65 F Illiterate Nil 8 Son-1 20 M 9th Agriculture Kirana

shop

9 Son -2 16 M 10th Studying 10 Brother in law 40 M 7th Agriculture Agriculture 11 Sister in law 35 F 4th Agriculture Agriculture 12 Son of

Brother in law 16 M 10th Studying

13 Daughter of Brother in law 18 F 10th At home

14 Brother in law 32 M PUC Agriculture Agriculture 15 Sister in law 25 F 10th Agriculture Agriculture 16 Son of

Brother in law 04 M UKG - -

17 Daughter of Brother in law 02 F - - -

18 Self 60 M MA, B.ed Agriculture Teacher 3.725 450,000 TV, two wheeler

19 Wife 52 F B.A, B.ed Agriculture Teacher 20 Daughter 30 F B.SC,

B.ed At home

21 Daughter 29 F BE PDO 22 Son 25 M MBBS Studying 23 Daughter 20 F BDS Studying 24 Self 49 M B.E Agriculture Lecturer 6.125 300,000 TV, Four

wheeler 25 Wife 40 F Housewife

5

Sr. N

o.

Nam

e of

La

ndow

ner

Hou

seho

ld

mem

bers

–

Rel

atio

n w

ith

Land

owne

r

Age

Sex

Educ

atio

n

Mai

n O

ccup

atio

n

Subs

idia

ry

Occ

upat

ion

Tota

l ext

ent o

f La

nd u

nder

Po

sses

sion

in

acre

To

tal e

xten

t of

Land

pro

pose

d fo

r Acq

uisi

tion

In a

cre

Ave

rage

an

nual

inco

me

of H

ouse

hold

Ave

rage

an

nual

inco

me

from

affe

cted

La

nd

Hou

seho

ld

Ass

ets

26 Daughter 18 F PUC Studying 27 Daughter 13 F 7th Studying 28 Self 51 M MBBS Agriculture Doctor 6.100 350,000 TV, Four

wheeler 29 Wife 40 F Housewife 30 Son 17 M Studying 31 Daughter 16 F Studying Total 6.475 32 Self 52 M SSLC Agriculture Business 16.335 0-

250 600,000 500,000 TV, Four wheeler

33 Wife 42 F SSLC House wife

34 Son 23 M BA Studying 35 Son 23 M Diploma

(Civil) Studying

36 Son 20 M PUC Studying 37 Son 17 M PUC Studying Note: 1. As mentioned above table 6.475 acres of land is notified to be acquired from four owners at Sl. No. 6, 18, 24, and 28 in the above table. The exact extent of affected land of each of these owners will be known only after collecting the details. 2. The owner at Sl. No. 32 has developed the land and has converted into residential sites. The sites have been sold and the ownership lies with the people who have purchased the land.

6

6

II. SOCIO-ECONOMIC INFORMATION/PROFILE OF AFFECTED PEOPLE

A. Household Details and Social Structure

5. The land proposed for STP and Wet well for the Yadgir sub-project is located in survey no 111, 109, 112, 168, Near M.Hosalli village which is owned by 7 households (affected persons). The socio economic survey of these affected households were carried out in the month of July 2010 and updated after the JMC i.e. after confirming the exact extent of land acquired from each title holder. 6(1) notification is issued on 25-11-2010. Table 4 provides the socio economic data of the 37 Affected Persons (7 title holders). Five families of affected landowners have nuclear family and two are in joint family. The proposed acquisition affects 7 households and 37 persons. The average size of the family of the affected household is 5.3. Amongst these, six families are Hindu and one belongs to Muslim. There are no Indigenous groups identified. The head of the entire affected household are educated and possess ration cards. All eligible members of the households are included in the voters list. At the time of survey Land records were verified to check and confirm the ownership. Two land owners indicated that Government should give the land for land or consider to compensating with the existing market price of the area. Some land owners believe that the land proposed for acquisition will fetch them a good market price as the land is very near to the city i.e. farther by only 3 kilometers (km) from Yadgir which the Head Quarter is of newly formed District. B. Household Size, Sex, and Gender

6. The average of family size amongst the surveyed affected households is 5.3. The seven affected households with 37 members, 19 are male and 18 are female. Out of seven affected households, three live in their own houses in M. Hosalli Village, in Yadgir Town two households, and in Gulbarga Town two households.

C. Gender Impacts.

7. The NKUSIP is designed to have a positive impact on women, resulting from better service delivery systems in Sewage system facilities at the city level and in low income/below poverty line households. Two piece of land proposed for acquisition belongs to women/female headed households. However the proposed land acquisition will not have any potential impacts on female members of affected households. The socio-economic status of households affected by the acquisition of land will not have direct negative impacts, on women. D. Vulnerable Groups

8. Two affected household qualifies as vulnerable under the project and as these households are women headed households. And all other affected households surveyed belong to above the poverty line (APL). The Urban Poverty line for entire Urban Karnataka as prescribed by the Swarna Jayanthi Shahari Rozgar Yojane (National Poverty Alleviation Programme) and followed by the ULBs is Rs. 23,124/- , which is considered as Poverty Line Income. According to Table 4, the annual income of the affected APL household is Rs 24200/annum E. Unit Costs for Land 9. The cost per acre of land at the location proposed for STP is Rs.52, 000/- (for dry land) as per present Government rates but resettlement budge has made on basis of the deposited

7

amount (for per acre deposited amount copy is enclosed dated on 28 July 2009, for STP land rate is for one acre 272,727/ and for Wet well 240,000/). The lands owners are interested to give up/sell the land as per the present market price or land for land. The residual land of five households is still considered viable for agricultural production. Complete land of two title holders in Sy No. 111 is being acquired.

F. Income and Occupational Pattern

10. Amongst the population in seven households, twenty two are non-working and remaining fifteen are working. Out of fifteen working members, two are Government employees working as teachers, one is a doctor and another is lecturer in engineering college. Three are holding business and remaining are agriculturists. 11. Economic details of farmers of land in Survey no. 111, 109, 112 and 168 have been gathered. Three families have taken up agriculture as their primary occupation and are presently cultivating the land proposed for acquisition. The entire land proposed for STP (22 acres) is rain fed and the grow crops like Jowar, Tur, Green gram and Cotton annually. The land proposed for Wet well is non-agricultural land. The average of annual net income estimated from agriculture is approximately Rs. 23,000 – 54,000/- . 12. The land owner raises Jowar, Tur, Green Gram and Cotton, annually. 13. Six land owners are cultivating the land with their own resources and it is found that surveyed landowner has not withstanding crop loan. Residual land is available with only four owners even after acquisition of proposed land. (See Table 5 below)

Table 5: Extent and percentage of private land acquired in case of Yadgir STP

Sl. No.

Component Name of the land owner (Names deleted to protect privacy)

Total land holding Acre-Gunta

Total land Acquired for STP Acre-Gunta

Percentage of Land acquired

1 SEWAGE TREATMENT PLANT

7.700 7.700 100

2 3

7.725 7.725 100

4.775 0.100 0.02 4 7.450 6.475 43.38

5 3.725 6 3.750 7 16.175 0.250 0.15 G. Seasonal Laborers

14. The discussion with the land farmers who cultivate the land revealed that they engage about 4-10 part-time/seasonal agriculture labors for farm operations. It is found that land proposed for acquisition is being cultivated and entire 22 acres are found with farm activity. However, Yadgir ULB would make all efforts to acquire the land during non-harvesting or post harvesting period, to minimize impacts on agricultural labor in the Investment Program site.

8

8

Also, advanced notice will be provided, to the extent possible, for seasonal laborers in order to provide them sufficient time to seek alternative farming opportunities. Seasonal labors are considered transient, therefore not working in the same plot year to year. Impacts to these people is therefore considered limited H. Crop Loan

15. None of the land owners whose land is proposed to be acquired has availed institutional assistance / finance for growing crops. I. Consultations with Affected Persons

16. The Yadgir STP location was determined based on a detailed topographic survey and further consultation with City Municipal council, Yadgir. The Yadgir ULB then identified the survey numbers. A socio-economic survey was conducted for land owners of identified survey numbers.

17. Consultations with Affected Persons indicated their preference of compensation to be paid at replacement value, to enable them to buy land of similar area and potential in the open market— possibly involving similar commuting requirements and costs as their current land. The Investment Program ensures compensation at replacement value through the District Level Valuation Committee (DLVC). The Investment Program will also pay for all fees, taxes, and other charges (registration, etc.) incurred for replacement land. All Affected Persons indicated preference for cash compensation instead or land-for-land option. J. Cut-Off Date 18. A socio-economic survey was conducted to determine the likely impacts of land acquisition. The survey also helped confirm the Resettlement Framework and Entitlement Matrix. However, the date of 4 (1) and 6 (1) notifications, issued through Deputy Commissioner to intimate Landowners about the Yadgir sub-project and land acquisition will be considered as cut-off date to finalize the list of Affected Persons. Any person who was not enumerated but can show documentation or evidence that he/she is rightfully an entitled person will be included in the list of Affected Persons. The Program Management Unit (PMU) is responsible for such verification and adjustment.

9

Table 6: Checklist followed for identification of Indigenous Peoples – M.Hosalli STP site Impact on indigenous peoples/ Ethnic minority

Not Known

Yes No Remarks or identified problems, if any

Are there Indigenous Peoples or Ethnic minority groups present in Investment Program locations?

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

linguistic identity different from that of dominant society; (v) social, cultural, economic, and political traditions and institutions distinct from dominant culture; (vi) economic systems oriented more towards traditional production systems rather than mainstream; and (vii) unique ties and attachments to traditional habitats and ancestral territories. Likewise, the President of India under Article 342 of the Constitution uses the following characteristics to define indigenous peoples Scheduled Tribes, (i) tribes’ primitive traits; (ii) distinctive culture; (iii) shyness with the public at large;(iv) geographical isolation; and (v) social and economic backwardness before notifying them as a Scheduled Tribe. Essentially, indigenous people have a social and cultural identity distinct from the ‘mainstream’ society that makes them vulnerable to being overlooked or marginalized in the development processes. No Affected Persons possesses the characteristics of indigenous people based on ADB’s policy. The Land Acquisition and resettlement impacts on indigenous people, if found during detailed design, are addressed in the resettlement framework for NKUSIP.

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

√

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

√

Will the Investment Program change their socioeconomic and cultural integrity?

√

Will the Investment Program disrupt their community life?

√

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

√

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

√

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

√

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

√

ADB = Asian Development Bank, NKUSIP = North Karnataka Urban Sector Investment Program.

10

III. OBJ ECTIVE, FRAMEWORK AND ENTITLEMENTS

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

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

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

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

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

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

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

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

establish their eligibility through a population record or census that serves as an eligibility cutoff date, preferably at the project identification stage, to prevent a subsequent influx of encroachers or others who wish to take advantage of such benefits.

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

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

20. Entitlements. The entitlement matrix provides guidance for compensation, resettlement, and rehabilitation assistance planning. Lack of title / customary rights recognized under law will not be a bar to entitlement. Hence, non-titled encroachers and squatters as well as indigenous or other groups with customary rights over land or resources, if present in the project area, will

11

be eligible for compensation (the Entitlement Matrix provides additional entitlements to vulnerable person). 21. However, people moving into the project area after the cut-off date are not entitled to compensation or other assistance. The Entitlement Matrix lists various types of losses, identification/eligibility and entitlements and provides basic parameters for preparation of compensation and resettlement benefits. The Entitlement Matrix provides for all possible categories of losses to ensure that all resettlement impacts of all sub-project components to be finalized during detailed design will be addressed. The Entitlement Matrix is provided below.

12

Table 7: Entitlement Matrix SL. No.

Type of losses

Applications Definition of Entitled person

Compensation Policy Implementation Issues

Responsible Agency

1 Loss of private land

Homestead land, agricultural land, or vacant plot

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

If land-for-land is offered, ownership will be in the name of original landowner(s).e

Charges will be limited to those for land purchased within a year of compensation payment and for land of equivalent size. Vulnerable households will be identified during the census conducted as a part of the resettlement plan.

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

2 Loss of Livelihood

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

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

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

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

3 Loss of trees and crops

Standing trees and crop

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

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

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

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

13

SL. No.

Type of losses

Applications Definition of Entitled person

Compensation Policy Implementation Issues

Responsible Agency

cropping cycle in case of seasonal crops.

4 Impacts on Vulnerable Affected Persons

All impacts Vulnerable Affected Persons

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

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

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

5 Temporary Disruption of livelihood

Commercial and agricultural activities

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

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

(Item 3).

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

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

6 Any other loss not identified

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

ULB

DLVC = District Level Valuation Committee, NGO = non-government organization, ULB = Urban Local Government b Subsistence allowance is a transitional allowance for Affected Persons provided for utilization/consumption until an alternate source of livelihood is obtained. c Shifting assistance will be a one-time payment decided based on the amount of material/assets to be shifted and the distance. Alternatively the ULB may provide free transport facilities. d Vulnerable household comprise female-headed household, disabled-headed household, indigenous person-headed households and Below Poverty Line households. e Joint ownership in the name of husband and wife will be offered in case of non-female-headed households. h NGO will assist the ULB in beneficiary identification, purchasing income generating assets etc. Examples of income generating assets are tools for carpenters or mechanics, sewing machines for tailors etc., which would be Affected Persons-specific.

14

14

Table 8: Statement of land notified 22.25 Acres at M.Hosalli for proposed STP and wet well for the Yadgir

NGO – non-government organization Note: 1. Based on the Land Acquisition Act, 1894 (Amended in 1984) and the Nation Policy on Resettlement for Investment Program Affected Persons, 2003. 2. DLVC: The District Level Valuation Committee chaired by Deputy Commissioner will be responsible for determining the Replacement Value of land and structures. Other members of the DLVC shall comprise the Land Acquisition Officer of the Project Management Unit (PMU), the ULB’s Resettlement Officer, representative of the Affected Persons, and the implementing NGO.

IV. CONSULTATION AND GRIEVANCE REDRESS PARTICIP ATION

A. Information Dissemination, Consultation, and Disclosure Requirement

22. A consultation program was conducted with all Affected Persons. Yadgir ULB officials and consultants disclosed the information about the Investment Program and the sub project proposed in Yadgir. Suitability of identified land. A majority of the affected landowners were in fact aware about the project need as part of their land will be acquired. However, landowners expressed interest in knowing the procedures for land acquisition and the approximate amount of compensation which will be offered to them under the Investment Program. It was communicated during consultations that the Yadgir ULB will disclose all relevant information about land acquisition to Affected Persons, and that it is mandatory under the Investment Program. 23. Consultations with Affected Persons indicate that they wanted compensation that will permit them to buy land of similar area and potential in the open market and possibly involve similar commuting patterns and costs as the land to be acquired. All Affected Persons indicated preference for cash compensation as per present market rate or land-for-land option. 24. Further, during SRP implementation, the implementing Non Governmental Organization (NGO) will ensure each Affected Person is consulted to inform them about the outcome of the

Sl No

Details For 22.25 Acres of Land Remarks

1 No. of Land Owners 7 - 2 No. of Affected Families 07 - 3 No. of Affected persons 37 - 4 Crops impacted Tur, green gram, cotton Land will be taken into possession

after the harvest of standing crops 5 Budget A Compensation to be paid to the

land Owners Based on the Land Acquisition Act, 1894(Amended in 1984) and the National Policy on Resettlement for Investment Program Affected Persons, 2003. Compensation to ensure replacement value.

District Level Valuation Committee will determine the Replacement Value of land. NGO to ensure compensation is t replacement value.

B Registration charges for the Land

As per the Government Rate As per the Entitlement Matrix

C Subsistence Allowance to be paid to the Affected Persons including additional provisions for vulnerable persons

Rs. 150 per day for 90 days

As per the Entitlement Matrix

D NGO Charges for CP Activities As per the Project Norms

15

decision-making process, and confirm how their views were incorporated in sub-project design. Copies of the Resettlement Framework and SRP will be made available both in English and Kannada at the Yadgir ULB Office for reference. The SRP shall be brought to the notice of all Affected Persons with the help of the implementing NGO. KUIDFC will prepare a resettlement booklet elaborating Affected Person’s entitlements and the sub-project implementation timetable. B. Grievance Redressal Mechanisms

25. A Grievance Redressal Committee (GRC) will be formed to ensure that grievances are addressed in a timely manner, facilitating timely project implementation. The GRC will comprise representatives from Affected Persons (ensuring representation of vulnerable households), local government/Yadgir ULB, Investment Program Officials – Deputy Project Director of NKUSIP, and NGOs/ community based organizations (CBOs). The GRC will redress grievances at the local-level in a consultative manner and with the participation of the affected households, or their representatives. GRC meetings will be convened as necessary to address complaints as they arise. The time and date of GRC meetings will be announced to Affected Persons by the implementing NGO and Resettlement Officer a week in advance. To further ensure GRC accessibility to Affected Persons, the implementing NGO and Resettlement Officer will inform on grievance redressal procedures, the functions of the GRC, and how to access the GRC. The grievance redressal process is shown in Figure 4. The first level of screening of grievances shall be undertaken by the implementing NGO and the Yadgir ULB Resettlement Officer. Only major grievances shall be placed before the GRC. The GRC will determine the merit of each grievance and attempt to resolve the same within a month from the date of lodging of complaints, failing which the grievance shall be addressed to the Deputy Commissioner. The GRC shall forward grievances of serious nature immediately on receipt of complaint to the Deputy Commissioner. The Deputy Commissioner will hear appeals against the decisions of GRC. The decision of Deputy Commissioner is final and cannot be contested in any other forum except in the Court of Law. All costs incurred in resolving the complaints will be borne by the Yadgir ULB.

16

Figure 4: Grievance Redressal Process

Major Grievances Not Addressed Major Grievances Not Addressed

Not Addressed GRC= grievance redress committee, NGO= non-government organization.

Affected Persons

Grievance Addressed

Implementing NGO and RO

GRC

Grievance Addressed

Deputy Commissioner

Grievance Addressed

COURT

17

V. COMPENSATION AND INCOME RESTORATION

A. Compensation

26. All Affected Persons will be entitled to resettlement and rehabilitation benefits as per the Entitlement Matrix. In case of land acquisition, the replacement cost will form the compensation. Loss of income/livelihood will be compensated within the overall resettlement package in accordance with the entitlement matrix (see below). A DLVC will determine the replacement value of the land. Compensation and Resettlement package entitlements will be paid before the start of civil works. In case there remains an outstanding loan taken on the land proposed for acquisition, if not repaid till the time of acquisition, a portion will be deducted from the total compensation, and the rest will be settled in a phased-manner, in consultation with the Affected Persons. 27. Payment of land price and other approved package of assistance will be made to the titleholder through the issuance of a bank cheque to ensure a transparent disbursement process. The cheque will be issued by the Deputy Commissioner, after the Yadgir ULB deposits the amount with the Deputy Commissioner. Payment to Affected Persons is to be done before commencement of civil works. B. Income Restoration

28. Affected Persons affected by permanent land acquisition for the proposed STP sites have been identified. The Investment Program will provide the affected household’s subsistence/transitional allowance for three months based on minimum wages and will provide free transport facilities/shifting assistance and from these families one family belongs to vulnerability so this family will get the additional compensation. Since all the land to be acquired from the Affected Persons is a source of income, they will be provided assistance for lost income based on three months minimum wage rates. Land is proposed for acquisition during the non- cropping season, to minimize the negative economic impacts on them. 29. These Affected Persons have been consulted during the socio-economic survey. They will identify if land-for-land compensation is feasible for 22.25 acres (for 2041) of land compensation is feasible will provide the option to them. Implementing NGOs will also provide information to households on available land in the community. Should Affected Persons acquire replacement land; the Yadgir ULB will provide all fees, taxes, and other charges incurred for the replacement land. If the Affected Persons decides on replacement land, an income restoration strategy will focus on restoring agricultural activity previously undertaken by the Affected Persons, and assistance in productivity improvements (such as provision of agricultural inputs required for improved yields, and training on improved post-harvest practices) production. 30. Affected Persons for other components of the sub-project which are anticipated to experience temporary impacts from laying of pipes and road improvement will be provided assistance in restoring their income in accordance with the Entitlement Matrix. Income restoration schemes will be designed in consultation with Affected Persons. Income restoration schemes will be tailored to the needs, capabilities and preferences of Affected Persons, and the absorptive capacity of the local economy. The Strategy for Income Restoration will be prepared prior to land acquisition. 31. The Investment Program will provide Affected Persons with (i) subsistence/transitional allowance, and (ii) shifting assistance to restore the their income in the very short-term. Beyond

18

18

the very short-term, the Investment Program will restore the Affected Persons source of income prior to land acquisition, and/or increase existing sources of income.

VI. INSTITUTIONAL FRAMEWORK

32. Effective Short Resettlement Plan preparation and implementation will be ensured through coordination between Yadgir District Authorities, the Yadgir ULB as requisitioning authority and the PMU. The Yadgir ULB will have the responsibility of ensuring that SRPs are finalized and approved prior to award of contracts for the sub-project, and for monitoring any changes to project design, which may require re-evaluation of the need for and adequacy of the SRP. The Yadgir ULB will hire an experienced NGO to assist in the preparation and implementation of the SRP. The Implementing NGO’s main activities will include Affected Persons counseling and encouraging productive utilization of compensation and rehabilitation grants. The Terms of Reference (ToR) for the implementing NGO is given. The Yadgir ULB will also designate a Tahsildar as Resettlement Officer to supervise and conduct internal monitoring of the implementation work. The Resettlement Officer will be adequately supported by the DLVC in terms of all valuations, due diligence carried out on affected persons’ properties and Empowered Committee decision on acquisition. 33. The PMU will ensure that the land acquisition and rehabilitation processes followed under the Investment Program comply with ADB’s Involuntary Resettlement Policy. The Investment Program consultant appointed by PMU will undertake the census and detailed socio-economic surveys. A Special Land Acquisition Officer (Revenue Department) at the PMU will monitor the process of SRP implementation. Figure 5 illustrates the SRP implementation arrangements.

19

Figure 5: Implementation Arrangements

Special Land Acquisition Officer

Land Acquisition Officer

CAPP= Community Awareness and Participation Program, NGO= non-government organization, ULB= urban local body.

Project Management

Unit Apex

NGO, CAPP

DO, Yadgir

Resettlement Officer at ULB

Implementing NGO

20

VII. RESETTLEMENT BUDGET AND FINANCING

34. The unit costs for compensation and assistance have been broadly estimated. These include replacement cost of land, subsistence allowance, registration costs etc. The sub project component (STP) budget for permanent land acquisition and resettlement will be decided by DLVC.

Table 9: Resettlement Plan Budget

DLVC = District Level Valuation Committee, NGO = Non-Government Organization, NKUSIP = North Karnataka Urban Sector Investment Program, STP = Sewage Treatment Plant, ULB = Urban Local Body Note: *As per Deposited amount as on 28-72009 (supportive documents has enclosed). **Based on the Land Acquisition Act, 1894 (Amended in 1984) and the Nation Policy on Resettlement for Investment Program Affected Persons, 2003.sDLVC: The District Level Valuation Committee chaired by Deputy Commissioner will be responsible for determining the Replacement Value of land and structures. Other members of the DLVC shall comprise the Land Acquisition Officer of the Project Management Unit (PMU), the ULB’s Resettlement Officer, representative of the Affected Persons, and the implementing NGO.

Sl. No.

Type of Loss and Compensation Offered

Quantity Unit Rate (estimated )

Total Amount (In Rs.)

Remark

A Land Acquisition Cost

1 1. Loss of private agricultural land (STP ) 2. loss of Non Form land

1)22.00 acres 2) 0.25 acres

1) 272,727* 2) 240,000*

60,00,000 60,000

DLVC will determine replacement value of the land.

2 Loss of Trees No. trees - - - Sub Total A 60,60,000 B Resettlement Cost for

Private Land

3 Assistance for economic rehabilitation of vulnerable households (2 women headed households)

2 households 30,000 60,000

4 Subsistence allowance for three months for households whose residual land is unavailable

3 house hold 8 persons

Rs. 150 per day *90days x 8 persons

108,000 ULB will confirm minimum wage rates as part of the resettlement plan, verify all charges.

Sub Total B 168,000

5 Registration cost of transferred land

22.25 acres

Approx 10% of Total Land Cost

606,000

6 Implementing NGO –seven months (Included in the NKUSIP Cost)

lump sum Including over all NKUSIP Cost

100,000

7 Contingency 10% of the total cost

693,400

Sub Total C 1,399,400 Grand Total 7,627,400 **

21

21

VIII. IMPLEMENTATION SCHEDULE

35. All land has to be provided free of any encumbrances before the start of civil work. All land acquisition and resettlement of Affected Persons is to be completed before the award of civil contracts. The implementation process will cover (i) identification of cut-off date and notification; (ii) verification of properties of Affected Persons and estimation of their type and level of losses and distribution of identity cards; (iii) consultations with Affected Persons to address their needs, and priorities; and (iv) economic rehabilitation of the Affected Persons. 36. Timing of Resettlement. The number of permanently affected households in the sub-project is seven and the process of Land Acquisition and resettlement is expected to be completed within a maximum period of seven months from the date of notification. Affected Persons will have to be given sufficient notice to vacate their property before civil works begin. No civil works will begin until Affected Persons receives the approved compensation package, a broad implementation schedule for resettlement and rehabilitation. 37. Land Acquisition. Civil works are linked with the completion of land acquisition. In this case all land transfers from the Government have to be completed. Depending on the ownership, the Yadgir ULB would need to coordinate with the relevant Government of Karnataka Department – in this case the Deputy Commissioner’s office and the Revenue Department. 38. Affected Person’s Identity Card. All eligible Affected Persons will be issued identity cards, giving details of the type of losses and type of entitlements. This card will be verified by IPMU, NGO and the Affected Persons, and signed by all parties. Each Affected Persons will be given a copy. The IPMU should issue identity cards to all, at the earliest possible time to ensure that opportunistic squatters and encroachers are not encouraged.

Table 10: Implementation Schedule Sl. No.

Land Acquisition and Resettlement Activities Start Date Completion Date

1 Detailed Land identification July 2009 July 2009 2 Survey, Marking of plots June 2010 June 2010 3 Consultation and Disclosure Feb 2010 June 2010 4 Verification of Socio-economic survey and Affected

Persons July 2010 August 2010

5 Preparation of Land Acquisition Plan August 2010 August 2010 6 Preparation of SRP November 2010 November 2010 7 Revision in SRP and approval - - 8 Payment of compensation and engagement of

implementing NGO February 2011 March 2011

9 Possession of acquired property March 2011 March 2011 10 Internal Monitoring March 2011 Continued 11 Handing over acquired lands to contractors for

construction April 2011 April 2011

12 Start of Civil works May 2011 December 2011 NGO = Non-Government Organization, SRP = Short Resettlement Plan.

IX. MONITORING AND EVALUATION

39. The implementing NGO will submit quarterly reports to PMU. Yadgir ULB officials will carry out internal monitoring. Job charts will be given to the Resettlement Officer. The job charts will indicate the targets to be achieved during the month. Monthly progress report shall be prepared and submitted to IPMU, reporting actual achievements against the targets fixed in their

22

22

respective job charts and reasons for shortfalls, if any. SRP implementation will be closely monitored to provide IPMU with an effective basis for assessing resettlement progress and identifying potential difficulties and problems. For monitoring and evaluation (M&E), the PMU will appoint an independent agency/Apex NGO to undertake external monitoring for the entire sub-project (this agency will provide an independent view of the Investment Program progress and should not be confused with the implementing NGO appointed by the Yadgir ULB to oversee Investment Program implementation). The independent agency/Apex NGO will conduct mid-term review and review on completion of SRP activities and submit its reports directly to the PMU. The PMU will submit all M&E reports to the ADB for review.

23 Appendix 1

Appendix 1: List of Participants / Officials Consulted

(A Survey carried out July 2010)

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

Names deleted to protect privacy.

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

1. Sri B. Muni Shamappa, Commissioner, CMC, Yadgir 2. Sri Bandeppa Akal AEE, CMC, Yadgir 3. Sri Purushottam JE, CMC Yadgir

Other Government Officials Consulted for identification of survey numbers and for conducting Socio-Economic Survey

1. Dr. Jagadish, IAS, Deputy Commissioner, Yadgir 2. Sri M. Choudhary, DPD, KUIDFC, Gulbarga 3. Sri Chandrasekhar E. E KUIDFC, Gulbarga 4. Sri Mohd. Shafiuddin, AEE, KUIDFC, Yadgir cell 5. Sri Suresh V. SDO, KUIDFC, Gulbarga

Appendix 2 24

Appendix 2: Legal Land Documents of Affected Persons (Panni)

Appendix 2 25

25

26 Appendix 2

26

Appendix 2 27

27

28 Appendix 2

28

Appendix 2 29

29

30 Appendix 2

30

Appendix 2 31

31

32 Appendix 3

Appendix 3: Notification

Appendix 3 33

33

34 Appendix 3

34

Appendix 3 35

35

36 Appendix 3

36

Appendix 3 37

37

KARNATAKA URBAN INFRASTRUCTURE DEVELOPMENT

AND FINANCE CORPORATION

NORTH KARNATAKA URBAN SECTOR INVESTMENT PROGRAM, PACKAGE - 3 (ADB Loan No. IND - -----)

Base Line Social Survey Details of Yadgir STP Land Owners

38 Appendix 3

38

DHV India Pvt. Ltd. GDA Complex, Veerendra Patil Layout,

Sedam Road, Gulbarga – 585105

Appendix 3 39

39

40 Appendix 3

40

Appendix 3 41

41

Names deleted to protect privacy.

42 Appendix 3

42

Appendix 3 43

43

44 Appendix 3

44

Names deleted to protect privacy.

Appendix 3 45

45

46 Appendix 3

46

Appendix 3 47

47

48 Appendix 3

48

Appendix 3 49

49

Names deleted to protect privacy.

50 Appendix 3

50

Appendix 3 51

51

52 Appendix 3

52

Appendix 3 53

53

Names deleted to protect privacy.

54 Appendix 3

54

Appendix 3 55

55

56 Appendix 3

56

Appendix 3 57

57

Names deleted to protect privacy.

58 Appendix 3

58

Appendix 3 59

59

60 Appendix 3

60

Appendix 3 61

61

Names deleted to protect privacy.

62 Appendix 3

62

Appendix 3 63

63

64 Appendix 3

64

Appendix 3 65

65

Names deleted to protect privacy.

66 Appendix 3

66

Names deleted to protect privacy.

Appendix 3 67

67

68 Appendix 3

68

69 Appendix 4

Appendix 4: Photographs of Proposed STP Land

70 Appendix 4

70

Appendix 4 71

71

72 Appendix 4

72

Appendix 4 73

73

74 Appendix 4

74

Appendix 4 75

75

76 Appendix 4

76

77 Appendix 4