Land Acquisition and Resettlement Plan The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s members, Board of Directors, Management, or staff, and may be preliminary in nature. Land Acquisition and Resettlement Plan Project Number: 37559 April 2009 PAK: Multitranche Financing Facility for the National Highway Development Sector Investment Program, Project 2 (MFF0002) SUKKUR – JACOBABAD ROAD PROJECT N-65 Prepared by [Author(s)] [Firm] [City, Country] Prepared for [Executing Agency] [Implementing Agency] Prepared by the Government of Pakistan for the Asian Development Bank (ADB). The Land Acquisition and 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.
Transcript
Land Acquisition and Resettlement Plan
The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s members, Board of Directors, Management, or staff, and may be preliminary in nature.
Land Acquisition and Resettlement Plan Project Number: 37559 April 2009
PAK: Multitranche Financing Facility for the National
Highway Development Sector Investment Program,
Project 2 (MFF0002)
SUKKUR – JACOBABAD ROAD PROJECT N-65
Prepared by [Author(s)]
[Firm]
[City, Country]
Prepared for [Executing Agency] [Implementing Agency]
Prepared by the Government of Pakistan for the Asian Development Bank (ADB).
The Land Acquisition and 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.
GOVERNMENT OF PAKISTAN
National Highway Authority (NHA)
SUKKUR – JACOBABAD ROAD PROJECT N-65
LAND ACQUISITION AND RESETTLEMENT PLAN (LARP)
(DRAFT REPORT)
APRIL 2009
NATIONAL ENGINEERING SERVICES PAKISTAN (PVT.) LIMITED
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Abbreviations
Abbreviation Description
AD Assistant Director ADB Asian Development Bank APs Affected Persons COI Corridor of Impact CBO Community Based Organization DCR District Census Report DD Deputy Director DDO Deputy District Officer EDO Executive District Officer EIA Environmental Impact Assessment EMP Environmental Management Plan Ft. Feet GM General Manager GoP Government of Pakistan IP’s Indigenous People Km. Kilometers LAA Land Acquisition Act, 1894 LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan M&E Monitoring and Evaluation NESPAK National Engineering Services Pakistan, (Pvt) Ltd. MFF Multi-Tranche Financial Facility NTC National Trade Corridor NGO Non Governmental Organization NHA National Highway Authority PAPs Project Affected Persons PIAs Project Implementation Agencies RoW Right of Way RPF Resettlement Policy Framework
Rft. Running Feet
Sft. Square Feet
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TABLE OF CONTENTS Sr. No. Description Page # EXECUTIVE SUMMARY CHAPTER 1 – INTRODUCTION 1.0 INTRODUCTION 10 1.1 PROJECT CATEGORIZATION AND IMPLEMENTATION 10 CONDITIONALITIES 1.1.1 Project Resettlement and Indigenous Peoples Categorization 10 1.1.2 Project Implementation Conditionalities 10 1.2 DESCRIPTION OF THE PROJECT 10 1.3 CONSTRUCTION SCHEDULE 11 1.4 LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) 11 1.5 PROJECT COMPONENTS 11 1.6 PROVISION OF BYPASS AT SHIKARPUR 11 1.7 FINAL OFFICIAL APPROVAL 11 CHAPTER 2 – SOCIO-ECONOMIC PROFILE 2.0 SOCIO-ECONOMIC ENVIRONMENT 12 2.1 DEMOGRAPHIC CHARACTERISTICS 12 2.2 CONSULTATION AND PARTICIPATION PROCESS 12 2.2.1 Socio-Economic Survey of the Project Affectees 13 2.2.2 Baseline Information 13 2.2.3 Respondents’ Age Group 13 2.2.4 Education Level 13 2.2.5 Social Amenities 14 2.2.6 Professional Status 14 2.2.7 Income Status 14 2.2.8 Land Holding 15 2.2.9 Borrowing Status 15 2.2.10 Housing Characteristics 15 2.2.11 Alternative Place 16 2.2.12 Willingness to Shift 16 2.2.13 Mode of Compensation 16 2.3 RELIGIOUS AND CULTURAL SITES 16 2.4 CULTURE AND TRADITION 17 2.5 CASET SYSTEM 17 2.6 RELIGION 17 2.7 EDUCATION FACILITIES 18 2.8 ROADS AND COMMUNICATION 18 2.9 DRINKING WATER 18 2.10 AGRICULTURE AND CROP PATTERN 18 2.11 INDUSTRIAL AND COMMERCIAL ACTIVITIES 19 2.12 AGRICULTURE MACHINERY 19 2.13 LIVESTOCK 19 2.14 POWER SUPPLY 19 2.15 CIVIC FACILITIES 19 2.16 CONFLICT MANAGEMENT 20 2.17 GENDER COMPONENT 20 2.18 COMMERCIAL ACTIVITY SURVEY 20 2.19 CONCERNS REGARDING THE PROJECT 21 2.20 NON-GOVERNMENTAL ORGANIZATIONS 21
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Sr. No. Description Page # CHAPTER 3 – PROJECT IMPACTS 3.0 IMPACTS 22 3.1 PROJECT IMPACTS AND ASSESSMENT 22 3.1.1 Impacts on Land 22 3.1.2 Impacts on Houses and Buildings 23 3.1.2.1 Houses and House Relocation Needs 23 3.1.3 Impacts on Commercial Buildings/Structures 24 3.1.3.1 Commercial Buildings Relocation Needs 24 3.1.3.2 Allowance for Loss of Land Use 24 3.1.3.3 Relocation Allowance 24 3.1.4 Community and Public Assets 25 3.1.5 Business Losses 25 3.1.6 Impacts on Trees 25 3.1.6.1 Impacts on Wood Trees 25 3.1.6.2 Impacts on Fruit Trees 26 3.1.7 Impacts on Crops 26 3.1.8 Severely Affected Families 27 3.2 AFFECTED FAMILIES (AF) / AFFECTED PERSONS (AP) CENSUS 27 3.2.1 Vulnerable APs 28 3.2.2 Impacts on Vulnerable People 28 3.3 COMPENSATION BASIS 28 3.3.1 Compensation Unit Area Cost for House Building Structures 28 3.3.2 Assessment of Compensation Unit Values 29 CHAPTER 4 – POLICY, OBJECTIVES, ENTITLEMENT FRAMEWORK 4.0 GENERAL 30 4.1 ADB’s INVOLUNTARY RESETTLEMENT POLICY 30 4.2 LEGAL AND POLICY BACKGROUND 30 4.2.1 Pakistan’s Law and Regulations on Land Acquisition and Resettlement 30 4.2.2 Comparison of Pakistan’s Land Acquisition Act and ADB Resettlement 31 Policy 4.3 REMEDIAL MEASURES TO BRIDGE THE GAP 32 4.4 COMPENSATION ELIGIBILITY AND ENTITLEMENTS FOR 32 THE PROJECT 4.4.1 Eligibility 32 4.4.2 Compensation Entitlements 32 CHAPTER 5 – COMMUNITY PARTICIPATION, CONSULTATION AND LARP DISCLOSURE 5.0 GENERAL 35 5.1 IDENTIFICATION OF MAIN STAKEHOLDER 35 5.2 SCOPING SESSIONS 35 5.3 STAKEHOLDERS’ CONCERNS 36 5.4 PROPOSED MEAURES FOR INCORPORATING THE 37 STAKEHOLDERS’ CONCERNS 5.5 CONSULTATION MEETINGS AT VILLAGE LEVEL 37 5.6 LARP DISCLOSURE PROCESS 37 5.7 LARP PUBLIC DISCLOSURE MEETINGS AND ITS FINDINGS 41
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Sr. No. Description Page # CHAPTER 6 – INSTITUTIONAL FRAMEWORK 6.1 ORGANIZATIONAL SETUP 44 6.1.1 National Highway Authority (NHA) 44 6.1.2 District and Provincial Governments 44 6.1.3 Contractors 44 6.2 Coordination Initiatives 45 CHAPTER 7 – IMPLEMENTATION OF LARP 7.0 PROCCESS OF RP IMPLEMENTATION 47 7.1 LAND ACQUISITION 47 7.2 CLEARING OF THE ROW FROM STRUCTURES/ASSETS 49 CHAPTER 8 – GRIEVANCE REDRESSAL MECHANISM 8.0 GRIEVANCE REDRESSAL/RESOLUTION MECHANISM 51 8.1 COMPONENTS AND GRIEVANCES 52 8.2 DISBURSEMENT OF FUNDS 52 CHAPTER 9 – RESETTLEMENTS BUDGETS & FINANCING 9.0 GENERAL 53 9.1 COMPONENTS OF THE COST ESTIMATES 53 9.2 COMPENSATION COSTS ((CC) 53 9.2.1 Land Acquisition Costs 53 9.2.2 Houses and Structures 53 9.2.3 Allowance for Loss of Space Use (squatters) 54 9.2.4 Community Buildings/Public Structures 54 9.2.5 Business Losses 55 9.2.6 Tree Losses 55 9.2.7 Crops Compensation 55 9.2.8 Relocation Allowance 55 9.2.9 Severe Impacts Allowance 56 9.3 MONITORING AND EVALUATION 56 9.4 ADMINISTRATION COST 56 9.5 CONTINGENCIES 56 9.6 TAXES 56 9.7 BUDGET ESTIMATES 56 CHAPTER 10 – MONITORING AND EVALUATION 10.0 LARP MONITORING AND EVALUATION AND REPORTING PLAN 58 10.1 GENERAL 58 10.2 MONITORING AND EVALUATION 58 10.3 LARP MONITORING 58 10.4 INTERNAL MONITORING 59 10.5 EXTERNAL MONITORING 59
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10.6 REPORTING REQUIREMENTS 60 10.7 TERMS OF REFERENCE (TOR) FOR THE EXTERNAL 60 MONITORING SERVICE PROVIDER Sr. No. Description Page # 10.8 PARTICIPATION OF AFFECTED PERSONS IN MONITORING, 61 REVIEW AND EVALUATION PROCESS 10.9 DATA ANALYSIS 61 10.10 EVALUATION AND REPORTING 61 10.11 LESSONS LEARNT 62 List of Tables Table No. Description 2.1 Socio-Economic Survey of the Project Affectees 2.2 Respondents’ Age Group 2.3 Educational Status 2.4 Social Amenities 2.5 Professional Status 2.6 Income Status 2.7 Land Holding 2.8 Borrowing Capacity 2.9 Types of Construction 2.10 Availability of Alternative Place 2.11 Willingness for Shifting 2.12 Mode of Compensation 2.13 Cast Pattern of the Project Area 2.14 Religious Status of the Respondents 2.15 Education Facilities in the Project Area 2.16 Major Crops with their Average Yields 2.17 Available Agriculture Machinery in the Villages 2.18 Available Health Facilities in the Lower Riparian 2.19 Social Condition of Women of the Project Area 2.20 Stakeholders Concerns 3.1 Land Impacts 3.2 Summary of Severely Affected Land Families and Persons 3.3 Summary of the Affected Building Structures/Houses 3.4 Summary of the Affected Building Structures/Shops 3.5 Allowance for Loss of Land use (Transitional Period Livelihood and Transport) 3.6 Relocation Allowance (Transitional Period Livelihood and Transport) 3.7 Summary of the Affected Community Buildings/Structures 3.8 Business Losses 3.9 Impact on Wood Trees and Costs 3.10 Gross and Net Value of 1 Harvest for each Crop Cultivated in 1 Year in Project
Area 3.11 Standard Crop Compensation 3.12 Severely Affected Families and Compensation
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3.13 Affected Families (AF) by Land 3.14 Summaries of Affected Families (AF) and Affected Persons (AP) 4.1 Comparison of Pakistan’s LAA and ADB Resettlement Policy 5.1 Schedule of Scoping Sessions 5.2 Scoping Sessions – Villages Meetings and the Concerns 5.3 Public Disclosure Meetings for LARP Entitlement Matrix 8.1 Grievance Resolution Process 9.1 Summary of Affected Land and Costs 9.2 Summary of Affected Houses and Costs 9.3 Summary of Affected Commercial Structure and Costs 9.4 Summary of Allowance for Loss of Land Space Use 9.5 Summary of Affected Community/Public Structures and Costs 9.6 Summary of Businesses Losses 9.7 Impact on Trees and Costs 9.8 Standard Crop Compensation for Affected People 9.9 Relocation Allowance (Transitional Period Livelihood and Transport) 9.10 Additional Crop Compensation for Severely Affected People 9.11 Summary of Costs List of Figures Figure No. Description 6.1 Organogram: LAR Steering Committee 6.2 Organogram: LAR Coordination Committee 6.3 LAR Organogram and Action 7.1 Expected Implementation Schedule of the LARP 7.2 Implementation – Monitoring and Evaluation Schedule List of Annexure Annexure No. Description
1 Summary of Public Consultation Meetings 2 Information Brochure 3 List of Commercial Infrastructure 4 List of Affected Household Units
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EXECUTIVE SUMMARY Background 1 Sukkur-Shikarpur-Jacobabad road (N-65) is a step towards strengthening and expansion of the road network. N-65 is an important road, of the country that connects the province of Sindh with Balochistan. Proposed road project starts from Sukkur passes through Shikarpur and ends at Jacobabad Bypass. 2 The various Project components include widening of the existing road from Sukkur to Jacobabad and construction of a new Bypass around Shikarpur City. After the completion of the Project, existing two lane road passing through the city will be replaced by a 14.6 metre wide four lane dual bypass.
3 For proposed widening of the road, land based infrastructure falling in the right of way (RoW) needs to be acquired. Owners of these land and land based assets are project affectees. For judicious compensation to all affectees are enumerated along with their immovable assets, quantified, assessed and compensated through an institutional arrangement in accordance with the Resettlement Policy of Government of Pakistan. Project Impacts 4 As a result of the proposed road widening, 10 houses, 31 commercial units, 4 community buildings and 30 acres of agriculture land will be affected. Sr. No
Affected Families
Affected Persons
Affected land
Affected Houses
Affected structure
Affected Shops
Affected Kiosks
Affected Boundary Wall
1 52 377 30 acres 10 32 28 03 01 Socio-Economic Information 5 Socioeconomic conditions of the Project affectees and surrounding community was conducted by socioeconomic survey, village profile, and commercial survey and by secondary information collected by the governments departments. Project Resettlement Principles 6 Main policy objectives for development of Resettlement Action Plan are to minimize involuntary resettlement. The Land Acquisition Act, 1894 laid out the legal basis for any property affected by a Project and for compensating the affected owners of the land. An Asian Development Bank Resettlement policy guide line for involuntary resettlement was core guide line for formulating the compensatory package for affectees. National Resettlement policy of the Government of Pakistan 2000 (though in Draft form) emphasizes on the achievement of environmental sustainability and poverty reduction to enhance the economic growth. Disclosure of Resettlement Plan and Community Participation 7 The consultant team held various Scoping sessions, with affectees along the route. A substantial number of affectees participated in these sessions. Their views are treated as representing views of APs. Resettlement problems are discussed with affectees candidly and their suggestions are incorporated in the report.
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Compensation Framework
8 Compensation package is based on market prices of the area which are collected through the field investigations and after consulting the concerned government departments especially revenue and forest. The special focus is on fair and just compensation of PAPs. Besides the Real market based Assets values of the affectees Assets following allowances were also included in compensation package. A subsidy allowance has been proposed for Affectees, that idle time compensation in proportion to their household expenses has added in the Package.
Table 9.11: Summary of Costs Unit/Rate Total Cost Description Quantity Unit
(Rs.) (Rs.) Rs.
(Million) %
1 Land Acquisition Costs 30 Acre 300,000 9,000,000 9.00 23.86
2 House Structures 10 Sq.ft Various 5,950,500 5.95 15.78
3 Commercial Structures 28 Sq.ft Various 4,322,250 4.32 11.46
4 Allowance for Loss of Land Space Use 36 Rs. Various 2,808,000 2.81 7.45
5 Community Building 3 Rs. 944 2,851,720 2.85 7.56
GRIEVANCES REDRESS PROCEDURES 9 It will be also essential to establish a Grievance Redressal Cell (GRC). GRC will be responsible for entertaining complaints and take necessary steps for redressal of the complaints of affectees. All the grievances related issues raised by the affectees need to be reviewed thoroughly and time bound actions for redressal of grievances are required.
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IMPLEMENTATION SCHEDULE AND BUDGET
10 For this purpose, concerned Government departments were consulted and subsequently market surveys were carried out to evaluate the ground realities. In calculating Resettlement budget all trees, houses, commercial structures, financial assistance, shifting charges, are included. Total amount for Resettlement expenses is Rs. 37.71 million. MONITORING AND EVALUTION 11 Generally two methods of monitoring and evaluation processes are involved in the project monitoring i.e. internal and external monitoring. Internal monitoring will include performance monitoring, whereas external monitoring includes impact monitoring and completion report. EXTERNAL MONITORING 12 The Resettlement Consultants will review the status of the RAP implementation in the light of the targets, budget and duration that had been laid down in RAP.
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Entitlements Matrix Nature of Loss Application Definition of AP Entitlements Result of
Action A. Land Acquisition (Applicable in cases of fresh acquisition and /or legally confirmed ownership rights on existing ROW) Loss of agriculture / residential /commercial land by landowners
Person(s) with land records verifying ownership
• Cash compensation based on current open market rate/ replacement value plus 15% compulsory acquisition surcharge (CAS), as provide in the land Acquisition Act (1894)
Compensation for lost assets
Loss of agricultural/residential / commercial land by permanent tenants
Renter or share cropper of land
• Compensation will be paid as per Land Acquisition Act (1894)
Assistance with relocation
Loss of common barren / mullah – bed (nonproductive lands owned collectively by village/s.
Village/s with customary ownership
• Cash compensation as per current replacement value of lands to affected group of landowners distributed by village elders.
• Project authorities to ensure that compensation is distributed to all affected persons.
Compensation for loss of access to common land.
Damage of land caused by excavation etc. from borrows for earth for construction.
Persons(s) with land records verifying ownership. village/s with customary ownership
• Restoration of land to pre-construction condition or cash compensation at prevailing rates for necessary repairs or tractor hours for restoring level and / or truckloads of earth for fill.
Restoration of land to pre-construction condition
Severance of agricultural land holding.
Land and other assets acquired for project roads and / or legally confirmed ownership rights on existing ROW
Persons(s) with land records verifying ownership. village/s with customary ownership
• Provision of water course to connect severed segment with source of water
Installation of facilities of irrigation.
B. Loss of Income Generating Assets (Whether or not land is legally occupied) Loss of agricultural crops, and fruit and wood tress by owner.
Land purchased or reclaimed for road purposes
Owners of crops or trees includes crops./trees owned by encroachers/squatters
• Cash compensation for loss of agricultural crops at current market value of mature crops, based on average production
• Compensation for loess of fruit trees for
Cash income for lost crops. Trees
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average fruit production for next 15 years to be computed at current market value
• Compensation for loss of wood-trees at current market value of wood (timber or firewood, as the case may be).
Loss of agricultural crops, and fruit and wood trees by share-cropper/ tenant
Land purchased or reclaimed for road purposes
Share cropper/ tenant • Partial compensation to sharecroppers/tenants for loss of their crops/trees as per due share or agreement (verbal or written).
Cash income for lost crops/ trees
Loss of income by agricultural tenants/. Sharecroppers
Work opportunities reducedd
Persons working the affected lands
• One-time lump sum grant of Rs. 800-1000 (raise to power of six) to agricultural tenants/ sharecroppers (permanent, short-term or long –term agricultural labor (this will be in addition to their shares in crop./tree compensation.)
• APs who are eligible for semi-skilled and unskilled labor will be given priority in employment opportunities in the Project’s implementation works.
Short-term assistance/ compensation for loss of income.
Loss of income by shops /SBE owners
Business adversely affected by road construction
Owner of business • One-time lump sum grant; minimum one-month’s income based on the nature of business and type of losses assessed on a case-to-case basis.
Short-term compensation for loss of income.
Loss of business premise by owner / renters
Structure on acquired land and/or legally confirmed ownership rights on ROW
Owner / renter of business
• One-time cash assistance equivalent to 2-month rent for moving of alternative premise for re-establishing the businesses.
• Shifting allowance (transport plus loading/unloading charges) will be paid to affected businessman (if applicable), on actual cost basis.
Removal / relocation assistance
Loss of wages by small business enterprises employees
Income reduced during period of readjustment
Employees of SBEs • One-time financial assistance to hired labor equivalent to 30 days wages to be computed on the basis of minimum wages board rates for respective district for respective categories.
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• Family workers in small business enterprises are not eligible, as they have already been covered by income by income assistance for loss of business by shop/SBE owners.
• Special assistance of Rs. 1,000 to the affected vulnerable persons like the destitute, female-headed households, and disable for restoring their livelihoods.
• AP’s who are eligible for semi-skilled and unskilled labor will be given priority in employment opportunities in the project’s implementation work.
Loss of income by mobile roadside vendors/SBE
Business affected temporarily during road construction.
Mobile SBE operators on foot paths/roadside.
• Official minimum wages board rates for one month, plus shifting allowance.
• Priority to be given as tenant for any facilities built by respective municipal administration or NHA to streamline the market.
Short term compensation for loss of income.
C. LOSS OF RESIDENTIAL/COMMUNITY PROPERTY (WHETHER OR NOT LAND IS LEGALLY OCCUPIED) Loss of residential structures and commercial structures by owners.
Owners of the structure
• Cash compensation for loss of built-up structures at full replacement costs.
• Owners of affected structures will be allowed to take/reuse their salvageable material for rebuilding/rehabilitation of structure.
• In case of relocation, transfer allowance to cover cost of shifting (transport plus loading/unloading), the effects and materials will be paid on actual cost basis or on current market rates.
Restoration of residence/shop.
Loss of residential structures by tenants (Renters)
Land on which property stands purchased or reclaimed for road purposes
Renters of house • One time cash assistance equivalent to 2-months rent moving to alternate premise.
• Transfer allowance to cover cost of shifting (transport plus loading/unloading) personal effects paid on actual cost basis or on current market rates.
Assistance to make alternative arrangements
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Loss of cultural &community structure / facilities
Schools, mosque, water channels, pathways, and other community structures/installations
• Complete rehabilitation/restoration by the Project; or,
• Cash compensation for restoring affected cultural/community structures and installations, to the recognized patron/custodian.
Replacement / restoration of structure/facility
Unanticipated adverse impact due to project intervention or associated activity
The EA and project implementation authority will del with any unanticipated consequence of the project during and after project implementation in the light and spirit of the principle of the entitlement matrix.
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CHAPTER-1
INTRODUCTION 1.0 INTRODUCTION 13 Construction of dual carriage from Sukkur-Shikarpur-Jacobabad road is a step towards strengthen and expansion of the road network its total length is 63 km plus 5 km and it will be 4 lane dual carriage way. Total width of the road will be 14.6 meter.
14 The data presented in this section have been gathered during the field survey conducted from May 18, 2006 to May 22, 2006. The impacts assessment has been made during this period and ultimately with some follow up verification field visits it was finally completed by June 12, 2006. As such June 24, 2006 is treated as the cut-off date for compensation/rehabilitation eligibility. Afresh impact Assessment survey is conducted in September 2008 and Due Diligence Report (DDR) is prepared. 15 For proposed widening of this road and land based assets/infrastructure falling in the right of way (ROW) needs to be acquired under the project. Owners of such land and land based assets are the project affectees. It is important to identify those affected people along with their assets which will be acquired and study their socio-economic conditions. 16 According to the resettlement policy of Government of Pakistan and Asian Development Bank requirement, affectees should be judiciously compensated so that their socio-economic condition should be better or at least equivalent to the previous status. 17 The entire RoW affectees need to be enumerated along with their immovable assets, quantified, assessed and compensated through an institutional arrangement in accordance with the Resettlement Policy of Government of Pakistan. Necessary Resettlement/Rehabilitation plan is developed to serve as guideline for further action and proceedings. 18 NESPAK was entrusted with the task of preparing a draft Resettlement Action Plan (RAP) by NHA to serve as a guideline for land based assets acquisition, assessment and compensation process. During this process, it is likely that some public grievances are also observed; hence there should be some mechanism for redressal of such grievances. 19 Similarly monitoring and evaluation of the Resettlement Plan is required. It will also cover the cost estimates of the resettlement/mitigation measures for implementation along with the time bound implementation schedule of activities. 1.1 PROJECT CATEGORIZATION AND IMPLEMENTATION CONDITIONALITIES
1.1.1 Project Resettlement And Indigenous Peoples Categorization 20 According to the ADB Resettlement policy (Operations Manual (OM) Section F2/OP & BP (2006), a project is classified as “A” and needs the preparation of a full Land Acquisition and Resettlement Plan (LARP) if 200 or more persons suffer significant adverse impacts (house relocation or loss of > 20% of productive assets. If < 200 persons suffer severe impact a project is classified as “B” and requires only a short LARP. Based on the above this project is classified as “A. The project has impacted 52 households that include 377 affected persons. 1.1.2 Project Implementation Conditional ties 21 The preparation of a LARP based on detailed design, reflecting the official final compensation rates and acceptable to ADB is a condition to civil works contracts signing.
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1.2 DESCRIPTION OF THE PROJECT
22 Sukkur to Jacobabad Section of N-65 passes through three districts i.e. Sukkur, Shikarpur and Jacobabad of Sindh Province and links the province of Sindh with Punjab and Balochistan. Major settlements along the road are Shikarpur City and many villages, i.e. Soomar, Sheikh Suleman, Lakhi, and Jahaan Khan etc. 23 There is already a 2 lane carriage existing road with paved width varying from 6 meters to 7.5 meters at various locations. Right of way (RoW) of the road is 110 ft /33.53 meters (55 ft. /16.76 meters on each side from the center of road). Figure 1.1 shows the National Highway Network and location plan of the Project Area. 24 The road falls under the administrative jurisdiction of Sukkur, Jacobabad and Shikarpur Districts of Sindh Province. The project will start from Sukkur Bus stand and end at start point of Jacobabad.
1.3 CONSTRUCTION SCHEDULE 25 Project implementation is expected to commence in the beginning of 2009 and completed by the end of 2010. At present, the Project is at the in detail engineering design stage. 1.4 LAND ACQUISITION AND RESETTLEMENT PLAN (LARP) 26 Land acquisition is involved all through 68 km length of alignment, but mostly this land is owned by NHA. One of the main impacts of the project will be arise due to the acquisition of land. The project is committed to providing entitlement to persons who loose their land and other property/ businesses. The preparation of LARP based on detailed design, final compensation rates and acceptable to ABD is a condition to civil works contract singing. The provisions of law that apply to such situation will be followed. 27 This Land Acquisition and Resettlement Plan (LARP) has been developed to minimize involuntary resettlement to ensure that the persons to be displaced have their former living standards and income earning capacity improved or at least restored to original position. 28 All the development projects including the resettlement components will to take into consideration the compensation aspects. Currently Land Acquisition Act of 1894 and Resettlement Ordinance 1999 facilitate the Provincial Governments and the Project Implementation Agencies (PIA’s) to frame rules and regulations for the development projects requirements including compensation of the Project affectees’ assets. This has been supplemented through development of the Land Acquisition and Resettlement Framework (LARF) prepared by NHA and duly approved by Asian Development Bank (ADB).
1.5 PROJECT COMPONENTS
29 The main Project component includes widening of the existing road from Sukkur to Jacobabad and construction of a new bypass around Shikarpur City. 30 After the completion of this Project, existing two lane road will be replaced by a 14.6 meters wide four lane dual carriageway. 1.6 PROVISION OF BYPASS AT SHIKARPUR
31 NHA has decided to provide a bypass outside Shikarpur so that the traffic flow between Sukkur and Jacobabad can move without any hindrance. Provision of
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the bypass will also facilitate the residents of Shikarpur and also reduce the risk of accidents due to the passing of high volume of traffic from the city. 1.7 FINAL OFFICIAL APPROVAL
32 Start of construction of civil works is subject to the final approval of this resettlement report by the donor agency. The contractor will not move in field for construction of the road until the resettlement plan is implemented and final payments have been made to affectees.
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CHAPTER-2 SOCIO-ECONOMIC PROFILE
2.0 SOCIOECONOMIC ENVIRONMENT 33 Majority of the population is Muslim. Sindhi is their mother tongue shilwar kameez and dothi kurta are common dress of male and females. Some modern young people also wear Pantaloons and shirts. 2.1 DEMOGRAPHIC CHARACTERISTICS 34 N-65 starts from Sukkur near Sukkur bus stand and passes from District Shikarpur’s Tehsils i.e. Ghari Yasin, Lakhi and Shikarpur. It ends in Tehsil Jacobabad of District Jacobabad. The demographic profiles of those tehsils are as follow:
(a) SUKKUR TEHSIL The total population of the Tehsil was found to be 374,178 with a growth
rate of 2.35% according to the 1998 population census. The gender composition was 113 females versus 100 males. 90% population resided in urban areas and just 10% lived in rural areas. Average household size was 7.5.
(b) LAKHI TEHSIL The total population of the tehsil, was 188,298 with a growth rate of 0.6%.
the male female ratio was 100 males:106 females. The population resided in urban areas is 51% and 49% lived in rural areas. Average household size was 6.8.
(c) GARHI YASIN Total population of the tehsil was 227,966 with a growth rate of 2.67%
according to 1998 population census. Population composition was 107 females in proportion to 100 males. 90% population resided in rural areas and just 10% lived in urban areas. Average household size was 5.6.
(d) SHIKARPUR 272,493 was the total population of this Tehsil, with a growth rate of
2.45% in 1998 census. Gender composition was 108 males versus 100 females. 51% of population resided in rural areas and 49% lived in urban areas. Average household size was 6.8.
(e) JACOBABAD 267,998 was the total population of the Tehsil according to 1998 census,
with a growth rate of 2.33% Male female ratio was 100 males: 107 females. 49% population resided in urban areas and 51% lived in rural areas. Average household size was 7.1.
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2.2 CONSULTATION AND PARTICIPATION PROCESS 35 Totally 150 questionnaires were filled at different locations in the Project Area. Among the respondents 100 were males and 50 were females. Methodology adopted for selection of the respondents was stratum random sampling. Respondents were selected from all the villages, towns and cities, situated along the route. These respondents were from all walks of life having different professional backgrounds. 2.2.1 Socio-Economic Survey Of The Project Affectees 36 The information regarding socioeconomic conditions is derived from primary data collected from field and from secondary sources i.e. (District Population Census Reports 1998 for the concerned districts, Design utility folders. Tool used for primary data collection were, village profile, focus census, Commercial activities survey, women profile survey, building valuation survey, scoping sessions and personal field observations. 2.2.2 Baseline Information 37 Out of the 150 respondents 67% were males while 33% were females, 61% were married, 39% were unmarried, 37% were literate, 63% were illiterate, 44% were employed and 56% were unemployed (including housewives and students). Table 2.1 presents the general profile of the Project Area. Table No 2.1 General Profiles
2.2.3 Respondents’ Age Group 38 Respondents were selected from mature groups of people. 18% of the respondents were less than 25 years old. 20% belonged to age group between 26 to 35 years, 22% fell in the age group between 36 to 45 years, 20% between 46 to 55 years and 20% were more than 56 years old. Table 2.2 presents the distribution of respondents according to age group.
2.2.4 Education Level 39 Literate respondents had different education levels. Out of 56 literate respondents: 32% had primary level of education, 29% had education up to Matriculation and 23% had qualification up to intermediate and only 16% were graduate or postgraduate. Educational status of the respondents is shown in the Table 2.3.
Post Graduation 2 Male 12 12 10 7 3 Female 6 4 3 2
Total 18 16 13 9 Percentage 32 29 23 16
2.2.5 Social Amenities 40 During socioeconomic survey to develop the social baseline of the Area, the respondents were inquired about the utilities in their homes. Almost all the respondents had electricity in their homes whereas 43% had the facility of water supply in their homes. On the other hand 20%, 15% and 20% of the respondents respectively had the facility of Sui gas, landline phone and sewerage system at their homes. Table 2.4 presents the social amenities available in the area. Table No 2.4: Social Amenities
Sr.No Social Facility Number Percentage (%)
1 Electricity 153 98 2 Water Supply 65 43 3 Sui Gas 30 20 4 Telephone 23 15 5 Sewerage 30 20
2.2.6 Professional Status 41 Table 2.5 presents the professional status of the respondents. 33 % of the respondents were unemployed; a few of them were students. Among the respondents “economically active”, 17 % were farmers, 16 % were businessmen and 7 % were labourers. Table 2.5 Professional Status
Sr. No. Profession Number of Respondents
Percentage (%)
1 Agriculture 25 17 2 Business 24 16 3 Labour work 11 7 4 Service 6 4 5 Housewives 34 23 6 Unemployed 50 33
Total 150 100
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2.2.7 Income Status 42 During the socioeconomic survey, respondents were inquired about their total monthly income from all sources. Table 2.6 shows the income status of the respondents. Majority of the respondents i.e. 24% had their income ranging between Rs. 10000-15000/month. 19% had income below Rs. 5000/month. 23 % respondents belonged to the income group ranging between Rs. 5000-10000/month, 19% between Rs. 15000 to 20000/month and just 15% had an income more than Rs. 25000/month. According to Asian Development Bank guide lines every person earning less than Rs 5000 is consider below poverty line. The income table shows one third of the population are living below poverty line. Table 2.6 Income Status
43 During the survey it was identified that about 17 % of the respondents belonged to the agricultural sector and some of those respondents had leased out their lands as a second business/ source of income. Majority of the respondents had very small land holdings; almost 77% of the respondents had landholdings of less than 10 acres. Only 3% had landholdings of more than 20 acres. The land holding status of the respondents is shown in Table 2.7 Table 2.7 Land Holding
Total 30 100 2.2.9 Borrowing Status 44 During the public consultation it was identified that some respondents i.e. 37% had borrowed money from different sources such as agriculture bank, feudal lord, or relatives. Table 2.8 shows the barrowing capacity of the respondents.
Table 2.8 Borrowing Capacity Sr. No.
Borrowing Status
Number Percentage (%)
1 Under debt 56 37 2 Without any debt 94 63
Total 150 100
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2.2.10 Housing Characteristics
45 27% of the respondents had kacha houses. 49% respondents had semi pucca houses and 24% had pucca houses. Table 2.9 shows the characteristics and percentage of houses in the Project Area. Table 2.9 Types of Construction
Sr. No.
Construction Type
Number Percentage
1 Kacha 41 27 2 Semi Pucca 73 49 3 Pucca 36 24
Total 150 100 2.2.11 Alternative Place
46 Here only those respondents, whose properties are falling in the RoW completely, were inquired about alternative places for residing in case of relocation due to the execution of the proposed Project. Only 5% had alternative places to shift in case of relocation and the rest 95% had no alternative place. therefore Project implementation authorities should arrange some compensation for them that they may not fall in vulnerable group. Table 2.10 shows the percentage of people having alternative places. Table 2.10 Availability of Alternative Place
Sr. No.
Alternative Place
Number
Percentage
1 Available 7 5 2 Not Available 143 95
Total 50 100 2.2.12 Willingness to Shift 47 During the survey it was identified that 90% of the respondents showed the willingness to leave their places if a fair and judicious compensation is provided to them and 10% respondents were not willing to leave their places. Table 2.11 shows the number and percentage of respondents willing to shift. Table 2.11 Willingness for Shifting
Sr.No Willingness Number Percentage 1 Willing 135 90 2 Not Willing 15 10
Total 150 100 2.2.13 Mode of Compensation 48 Most of the respondents i.e. 87% preferred cash as a mode of compensation and 6% asked for land in the vicinity of the Project Area. 7% respondents demanded both land and cash for their resettlement. In demanding cash as a mode of compensation respondents feel liberty that they can readjust themselves by their own will and choice. Table 2.12 presents the preferred mode compensation of the stakeholders.
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Table 2.12 Mode of Compensation
Sr. No
Compensation
Number Percentage
1 Cash 130 87 2 Land 9 6 3 Cash + Land 11 7
Total 150 100 2.3 RELIGIOUS AND CULTURAL SITES 49 There is a small graveyard in village Level (Tehsil Jacobabad) in which 12 graves will have to be relocated for execution of Proposed Project besides a well constructed Jamia Mosque will also need relocation. 2.4 CULTURE AND TRADITION 50 The project area has a combination of new and old culture although the young generation is fond of modern culture but religious bonds are very strong and majority of the population follows the Islamic traditions, which are well practiced in rural area and have high moral values in the society.
• The food of the inhabitants is very simple. Maize, wheat and rice are eaten in the project area. The use of Desi ghee and lassi is very popular in the rural area. Milk is also available in sufficient quantity. The people of the area are fond of meat especially various forms of beef.
• Common dress of the people is Shalwar Qamiz. However, Government officials and students wear western styled clothes. Women’s dress is also very simple i.e. Shalwar Qamiz and dopatta.
• The use of ornaments among the females is also common. The females decorate themselves with ear-ring and bangles with rare use of cuba (egg like cups), connected by chains or a flat circle shaped gold hanging on fore-head.
• Marriage is a common custom and is performed with great enthusiasm dancing and singing. The people of locality are invited by the bridegroom family and entertained with delicious meals. The girl’s parents present dowry to the girl for equipping her new house.
• Sindhi, Balochi, Saraiki and Urdu language are being spoken in the project area. Sindhi is usually spoken by the majority mostly in rural areas.
• The joint family system was predominated in the area. However, new life styles and cultural diffusion from the outside have directly influenced the family system, gradually shifting it to the nuclear family system.
2.5 CASTE SYSTEM 51 Project Area lies in interior Sindh adjacent to province Balochistan and the population is comprised both of sindhi and baloch people during the survey following caste and tribes were identified in tehsils along the route.
Bughti, Memon 2.6 RELIGION 52 Religion plays a vital role in people’s life. Majority of the Project Area population is Muslims. Cultural festivals are mostly related on religious tradition/event. The visit to shrines or (Ziarat) is a very common among people. Table-2.14 below provides the distribution of population by religion. Majority of population of the area is Muslim. Only a small minority in Project Area is Hindu which mostly live in cities and are engaged in business activities, therefore their proportion in rural areas is very small.
TABLE 2.14 Religious Status of the respondents
Sr. No.
Respondents
Muslim % Age Non Muslim
% Age
1 MALE 93 93 7 7 2 FEMALE 49 98 1 2
2.7 EDUCATION FACILITIES 53 Educational facilities are inadequate, so it becomes hard for the parents to educate their children from far off villages, it become difficult specialty when there is scarcity of transportation. Even in many villages, no local qualified lady is available to teach the girls and no-one from outside is willing to come for teaching in such a remote area, so girls are bound to go to the boys schools. Table 2.15 below shows the status of educational institution.
TABLE 2.15 Education facilities in the project area
Primary School
Middle School
High School Deni Madrassa
Male Female Male Female Male Female Male Female 14 9 8 6 4 2 2 -
2.8 ROADS AND COMMUNICATION
54 Communication network is a fundamental prerequisite for economic activity to take place. The surrounding villages of the project area are well connected with main road and district headquarters through mettled roads. 2.9 DRINKING WATER 55 Project area lies on the belt where underground water is brakish and not suitable for drinking or even for agriculture purpose, but ironically most of the villages have no other
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source of water supply. During the field survey it was observed that only two localities Lakhi and Jahan Khan had the facility of water supply. In many areas people have to fetch water from far off areas. 2.10 AGRICULTURE AND CROP PATTERN 56 Agriculture in the vicinity of N-65 is predominantly irrigated agriculture. The project area depends on non-perennial canals. The shortage of water is generally experienced in winter and it greatly hampers Kharif cultivation. The area is irrigated by canals originating from Guddu Barrage.
57 The project area is mainly a rice growing area. The main crop during Kharif season is rice. Cotton is also grown but there is a lot of variation in production. Peas are also grown in small quantities. Major Rabi season crop is wheat. Vegetables and fodder are also cultivated in small quantities. TABLE 2.16 Major Crops with Their Average Yields
Courtesy: Agriculture Extension Department Shikarpur 2.11 INDUSTRIAL AND COMMERCIAL ACTIVITIES 58 There are very few industrial and commercial activities in the project area. Only some small industries are lying in the vicinity of N-65 highway, i.e. some Rice husking factories, an Oil mill, a Rice mill and some Pickle making factories. Some crop storage depots are also located along the roadside Oil and gas explorations are also in progress around the project area, which raises the importance of this section of National Highway. 2.12 AGRICULTURE MACHINERY 59 Table 2.17 signifies that the agriculture machinery is insufficient in the area. People are used to land preparation work mostly with ox drawn implements while few resourceful persons hire the agricultural machinery from Agriculture department @ Rs. 300-350 per hour for tractor. Most of the agriculture work force is tenants, therefore, their affordability is very low and secondly they have no information regarding new technologies and agricultural equipments.
TABLE 2.17 Available Agriculture Machinery in the Villages
Cultivator Number Percentage 1 Tractor/Harvester 20 11 2 Thresher 16 3 3 Not Available 32 86
Total: 68 100
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2.13 LIVESTOCK 60 The livestock rearing is done on a small scale in the project area due to the scarcity of water, especially in the districts of Shikarpur and Jacobabad. However farmers have raised some cows, buffalos, goats and bullocks for their domestic use. 2.14 POWER SUPPLY 61 Electricity is available to all the villages. Firewood and kerosene oil are the major sources of energy in case of non-availability of electricity. Solely, fire wood is used for cooking. 2.15 CIVIC FACILITIES 62 Health conditions are one of the major indicators of a society’s social development and quality of life. Healthy manpower is imperative for the advancement and economic growth. The health conditions are good in the area, as no serious disease was reported there. Qualified lady health visitor are mostly non-existent in the area with major reliance on traditional child birth attendant for assisting the delivery. Comparatively, larger villages have the facility of basic health unit (BHU) and or a dispensary (Table 2.18). In most of the village people used to consult private practitioner and quacks. Table 2.18 available Health Facilities in the Lower Riparian
Sr. No. Health Facilities Number 1 Tehsil Head Quarter Hospital 1 2 Rural Health Unit 4 3 Dispensary 1 4 Private Medical Shop 12
2.16 CONFLICT MANAGEMENT 63 Conflict management by the community traditionally depends on nature of conflict. Minor conflicts are normally settled within the community. The village leader known as “Wadera” takes the leading role in conflict management. However, larger disputes, political differences are referred to the concerned courts of law. Sometime influential people from outside the village do have a say in such matters to resolve the issues amicably: the conflicts. 2.17 GENDER COMPONENT 64 Gender problems are critical issues that are connected to any sustainable development process, which is usually perceived as woman specific issues. In order to assess socio-economic condition of women of the area, a Gender component survey was conducted by taking a sample of women. A total of 67 women from the project area were interviewed.
• The respondent’s women are falling in the age category between 15 years to 65 years. Significant majority 70 of the respondents fall within the age group of 31-40 years, 26 out of the total surveyed women were of the age 41-50 years, where as 21 fall within the age group of 26-55 years. Only 8 fall in the age group of 55 and above.
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• Only 30% of the respondents were literate. The rest 70 respondents were illiterate.
• Regarding the level of awareness about the project, mostly the women were aware of the construction project.
65 Table 2.19 shows the condition of women surveyed according to the table 30% women surveyed were educated and 70% were uneducated just 28% were working women and 72% were household ladies. 62% were unmarried and 38% were married. Only 44% women surveyed said they had an opportunity of reading if they want rest of the women said that they had even no access to school or college. This shows lack of education facilities and less trend of educating the women in the Project Area. 26% of women surveyed said that they had just access to lady health visitor not more than that and just 18% had access to government doctor. 32% women visit private doctor in case of sickness and 24% go to quack. This table represents the over all situations of the women surveyed. TABLE 2.19 Social Condition of Women of the project Area
2.18 COMMERCIAL ACTIVITY SURVEY 66 The commercial activity survey was conducted comprehensively, so as to quantify and measure the entire commercial infrastructures falling in the Right Of Way (RoW) of the project for cost estimation and budgeting purpose while the proportionate representation was selected for the socio-economic study. Following field investigations were made through the commercial activity survey:
• The commercial units were 35 in number and the people involved with these units were 246 in numbers. Those were owners, business head or employees of specific location.
• The interviewed persons were falling in the age category of 15 years to 67 years.
• The nature of business was hotels, general stores, vendors, workshops room, filling station, auto workshops and restaurant. Apart from that, the grocery shops, general store, sweets, fruit, vegetable, medical store, barber, tailor, and shoe and were also abundant in the study area. Besides, few wooden cabins shops like Public Call Office (PCO), grocery and Punctures repairing shops also exist in the area.
• The estimated stock value, present in each shop is ranging between Rs. 5000-500,000.
• The estimated monthly expenditures were ranging between Rs. 4500-35,000 against the income value of Rs. 5000-50,000.
• Majority of the business holders were based on single ownership status while the multiple business owners are very less in number.
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2.19 CONCERNS REGARDING THE PROJECT 67 Almost all the population of the project area has concerns regarding the road widening, which are ranked in the under-mentioned Table 2.20.
TABLE 2.20 Stakeholders Concerns Sr. No.
Concerns No. of Respondents
Percentage of Respondents
1 Livelihood will be disturbed in case losing business and agriculture land
87 28
2 Residential area will be affected 102 32 3 No compensation payment is given to
affectees, especially tenant 62 20
4 Jobs will not be provided to local people during construction
30 10
5 Privacy will be disturbed due to construction work
32 10
Total 313 100
2.20 NON-GOVERNMENTAL ORGANIZATIONS 68 In district Sukkur some N.G.Os were working on education health and agriculture like Leadership for Environment and Development (LEAD) Pakistan, World Wide Fund for Nature (W.W.F) and Sindh Rural Support Organization (SRSO). While in Shikarpur district only Marrie Stopes Pakistan is working on reproductive health and in Jacobabad SRSO. For any development activity, village leadership and genuine village level organization considered as Community Based Organization (CBO) for successful completion of a community based project. Present district government devolution plan give much emphasis on community participation, therefore, many micro level development schemes are under progress by different CBOs in their respective villages.
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CHAPTER-3 PROJECT IMPACTS
3.0 IMPACTS
69 A detailed quantification of impacts and affectees has been made for the Sukkur- Jacobabad project. Its assessment survey has been undertaken to prepare a database to assess and compensate for the losses associated with the land acquisition and displacement of population and their businesses due to the upgrading of the existing highway. 70 The Project corridor is delineated according to two criteria: right of way (RoW); which the NHA is legally entitled to, and Corridor of Impact (CoI), i.e., the width of the corridor that will be impacted, directly or indirectly, by the Project during the construction and operational phases. 71 The proposed Project corridor will have a well defined RoW that will be 47.9 ft. (14.6 meters). Major construction works will generally remain confined within the RoW. All the infrastructure and commercial activities within the existing or proposed RoW need to be relocated and have direct impact of the Project.
72 Corridor of Impact was delineated as the extent, which has direct or indirect impact of Project. Direct impacts of the Project, caused by relocation, are vision within the RoW and indirect impacts, caused by noise, dust emissions, camp sites and borrow sites could be beyond the RoW. 3.1 PROJECT IMPACTS AND ASSESSMENT
73 The impacts and assessment survey has been carried out through field investigations, by team comprising resettlement expert, sociologist, environmentalist, civil engineers, agronomist, ecologist, revenue staff and comprehensive data has been collected and analyzed. Design engineering folders for the road were used as the basis for further field studies of the respective areas. Consequently various types of impacts have been quantified and assessed. Project impacts are mainly belonging to seven (7) categories: (i) impacts on land and leases, (ii) impacts on buildings structures / houses, Government buildings / infrastructure, (iii) commercial impact, (iv) community assets, (v) Impacts on trees, (vi) impacts on crops and (vii) Impacts on population. These are given in details in the follow up sub sections related to each of these sub components. 3.1.1 Impacts on Land 74 Most of the new road runs within the existing RoW and limited numbers of settlement are existing along the road. Most of the ROW is vacant and only few structures are located there. The only land acquisition needed for road construction is for the Shikarpur bypass section which is all agriculture land and measure 30 acres in all. The remaining land affected by the new road is already owned by NHA and will not require acquisition (see table 3.1 below) Table 3.1 Land Impacts
Land Type Area (acres) Totals (acres) Total Sq.Meter Private Agricultural 30.00 Sub-total Land to be acquired 30,00 121405 Private Land RoW ( unused NHA Land) 191.20
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Land Type Area (acres) Totals (acres) Total Sq.Meter Land under commercial use (Squatters) 0.25 Land under Residential Use (Squatters) 0.25 Sub-total land affected but not to be acquired 191.70 775776 GRAND TOTAL (total land affected) 221.70 897181
75 As indicated in the able above the construction of the proposed road will require in all 221.7 acres of land of which 30 acres are private agriculture land to be acquired for the Shikarpur bypass. and for which compensation will be given to the owners. The affected land is self-cultivated by the owners. No state land will be affected and 191.7 acres of land within the RoW are already NHA property. Residential land constituting the premises of affected shops and houses amounts to 0.25 acres and is part of the ROW already owned by NHA.
76 The 30 acres of affected private agricultural land are all titled and owned by different 52 AF of which all are direct cultivators. Table 3.2 Summary of Severely Affected Land Families and Persons
Affected Land Package (Acres) Sq. Meter
Affected Families(AF) Affected Persons (AP)
Total 30 121405 52 377 3.1.2 Impacts on Houses and buildings 77 All buildings are built in passive RoW. Data regarding building structures/houses has been collected through physical measurements of its structure with its category. Type of building structures/house/other installations are broadly divided into three main categories/types, based on type of construction work as below:
i) Pucca House/Brick Masonry Works ii) Semi Pucca House Bricks with mud masonry iii) Mud House – mud bricks masonry
78 In order to establish clear principles to establish the minimum impact magnitude for
buildings to be relocated the following bench marks were established:
(i) Buildings affected less than 20% of the building structures affected and structurally viable will be considered as partially affected and will not be relocated;
(ii) Buildings affected more than 20% of their structure or for less but structurally weakened will be considered as fully affected and will be relocated.
3.1.2.1 Houses and house relocation needs 79 Through the field survey and actual interaction with the affectees it was revealed that there are overall 10 affected houses/buildings structures in the RoW, as given in Table 3.3 below. All 10 affected houses are pucca structures. Of these 4 houses will be affected 100%, 4 houses will be affected >20%, and 2 houses will be affected <10%. The total land area for these houses is 196 sqt. The owners of these houses are encroachers and the land is NHA property. 80 Of the affected houses. 8 houses are affected for more than >20% and need relocation. The other 2 houses will be affected up to 20% but will not need relocation and will be compensated only for the damaged portion.
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Table 3.3 Summary of the Affected Building Structures/Houses
Number of Affected Houses by Percentage >20% Affected <20% Affected Total Houses
No. Area(Sqt) No Area(Sqt) No Area(Sqt) Total 8 196 2 41 10 237 81 For the compensation of loss of space occupied by squatters NHA has chosen the option to rehabilitate the land use losses suffered by AF with houses to be relocated with a land use loss allowance in cash. This solution is the most practical and the one which has been favored by the affectees who prefer cash in spite of other kind of compensation. 3.1.3 Impacts on Commercial buildings/structures
82 Overall there are 32 commercial buildings affected: 28 shops, 3 kiosks, and 1 set of boundary walls of the Mehran oil mill. Most of the buildings are Pucca. The impacts on these buildings are all on (in all 7,829 feet, 727 sqt) or boundary walls. The owners of these shops are encroachers and the land is already NHA property. Being encroachers Self relocation allowance is added in the cost of respective structures in Annexure IV. Table 3.4 - Summary of the Affected Building Structures/Shops
Number of affected commercial structures by Percentage >20% Affected <20% Affected Total Structures No. Area(Sqt) No Area(Sq t) No. Area
(Sqt ) Rft
Height Cost (Rs.)
Shops 28 672 - - 28 671 - 3,753,500
Oil Mill - - 1 56 1 56 10 421,800Kiosks 3 - - - - - -Total: 31 672 1 56 32 727 - 4,175,300 3.1.3.1 Commercial buildings relocation needs 83 Of the above 32 business structures, 28 shops and 3 kiosks will be fully affected (either because they suffer more than >20% of or because after the impact the business cannot be anymore carried out). The remaining 4 buildings are only mildly affected and, as the business is not jeopardized they need no relocation (see in table 3.4 above). The owners of the 28 shops will be given a land use loss allowance while the owners of the 3 kiosks will be given only shifting charges and a self relocation allowance. Further details are available in Annexure-III. 3.1.3.2 Allowance for Loss of Land Use 84 There are 10 houses and 28 shops and 3 kiosks which have been encroached on NHA land. The owner’s of all these building will be treated as encroachers. Of these 8 houses and the 28 shops will have to be relocated and will receive an allowance for loss of land use. The remaining 2 houses and 3 kiosks will need no relocation and will not receive the allowance. As per entitlement matrix, if the house/building of an encroacher needs to be relocated loss of space use is addressed by the entitlement matrix as provision of a self relocation allowance, equal to one year income. In cases where the affected structure can be left in its original location or can be reconstructed within the ROW no allowance for loss of land uses will be given. By the results of physical surveys and field investigation these all above mentioned structures will be relocated and self relocation allowance is added in their compensation package. Self relocation allowance is added in the cost of respective structures in Annexure-III and in Annexure-Iv.
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+ Table 3.5 Allowance for Loss of Land Use (Transitional Period livelihood and transport)
No of Structure Estimated income Cost Cost (Rs. millions) 36 36x6,500 x 12 2,808,000 2.808
3.1.3.3 Relocation Allowance 85 Allowances for loss of land space use will be given only to 8 house and 28 shops which are 100% affected or affected >20% needs relocation. The allowance for loss of land space use is structures affected less than >20% needs no relocation. AP either losing a house or a business will be provided with an allowance for loss of land space use covering transport costs and livelihood costs for the transitional period based on minimal salary in project area. Based on the field survey/discussion with the APs the relocation allowance has been set at Rs. 20,000 covering Rs. 15,000 for a three months livelihood allowance plus Rs. 5,000 covering transportation expenses. The AF entitled to this allowance is listed in Table 3.6. Table 3.6 Relocation Allowance (Transitional Period livelihood and transport)
Resettles (relocation assistance) Entitlements
house Business Number 8 31
Livelihood Charges 8x15,000 =120,000
31x15,000 =465,000
Transportation/Relocation Allowance
8x5,000 =40,000
31x5,000 =160,000
Total 160,000 625,000 3.1.4 Community and Public Assets 86 3 public building are partially affected. These are Eid Gah, Union Council Office and Police Station. All these 3 structures are partially affected for less than 10%.No other impacts on public properties have been registered since they have been avoided to minimize impacts. It was found that no archaeological site or no other structure of religious or cultural importance will be affected. Table 3.7 - Summary of the Affected COMMUNITY Buildings/Structures
Number of affected commercial structures by Percentage 100% Affected >20% Affected <20% Affected Total
Structures
No. Area(Sq t) No. Area(Sq t) No Area(Sq t) Area Rft Height Cost (Rs.) Eid Gah - - - 1 1,250 5 1,168,738
Union Council - - - 1 300 12 280,497 Police Station - - - 1 1,500 6 1,402,485
Total: - - - 3 3,050 - 2,851,720 3.1.5 Business Losses 87 The Following business losses have been estimated based on the income and period of business interruption (6 months for business re-establishment for permanent impacts). See details in Table 3.8 below.
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Table 3.8 Business Losses
Business Entity No. Unit in Rs. Time Period (Year)
General Business 32 7000 1 Kiosk 3 4000 1 Total 35 - -
88 All affected business are self managed and self financed hence they do not have any employees because most of business unit are small and based on sole proprietor ship. 3.1.6 Impacts on Trees 89 Most of the land to be acquired is at road edge and trees line is standing at a safe distance therefore comparatively less number of trees are falling in proposed RoW. No fruit tree is coming in RoW. 3.1.6.1 Impacts on Wood Trees 90 Data regarding forest trees has been collected through physical verification of its specification by type of trees. Trees have been classified as small (up to 20 years) medium (20-30 years), large (above 30 years) trees. These trees are Keekar, Peelo, Sharien, Date Palm, Sheesham, Poplar, and Euclyptus. The cost of each category of the trees have been developed by keeping in view the volume of (average) wood produced, quality of wood along with partial usage as fuel wood. This will be further verified by the Forest Department at compensation payment stage. Details are given below in Table 3.9
3.1.6.2 Impacts on Fruit Trees 91 No fruit tree had been implanted along the road, therefore no impact on fruit trees. 3.1.7 Impacts on Crops 92 All along the road whole land is road shoulder and barren this whole land is NHA property and no agriculture on this land. Only fresh land to be acquired is for Shikarpur bypass. 93 These are 30 acres. The project fall in non perennial canal area and there are only two crops annually, one summer crop which is wheat and one winter crop which is rice.
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Wheat and Rice are predominant crops of the Area. The agricultural year is divided in two seasons Rabi (the winter harvest) and Kharif (the summer harvest). Farmers annually get two crops one for winter and one for summer. 94 As it is assumed that each AF losing land and crops (land is self cultivated) will be affected for the entire agricultural year the compensation given to each AF will be based on the specific cropping pattern typical of his farm. According to entitlement matrix affected people will be given cash equal to market value of gross yield of affected land and net value for the crop loss. Based on these table 3.10 provides the value of crop compensation both at gross and net income rates for of each of cropping patterns described above. Finally table 3.11 indicates the number of AFs receiving standard crop compensation (calculated at gross income rates) based on the cropping patterns.
Table 3.10 Gross and net value of 1 harvest for each crop cultivated in 1 year in
project areas
S. No. Crop Yield [Monds (40 Kg) x Rs.] Gross Income Net Income 1. Wheat 30 x 950 28,500 16,2502. Rice 25 x 650 16,250 8,125
Crop compensation for the year 44,750 22,375 Table 3.11 Standard Crop Compensation No. Cropping Pattern Rate (Rs. X
3.1.8 Severely Affected Families 95 All AFs affected by land losses lose more than 10% of their plots and therefore will be all considered as severely affected. Their number is 52. and the land area is 30 acres. According to the policy framework these AF will receive in addition to standard crop compensation (full market value of gross income from 1 year -2 crops harvest) one allowance equal to the full market value of net income from 1 year-2 crops harvest. Details are given in Table 3.12. Compensation has been estimated based on the prevalent cropping pattern in each specific project area. Gross market value for Rabi crop (winter crop) is 28,500/Acre and for Kharif (summer crop) is 16,250/Acre. Total amount of allowance for severely affected families is 1,342,500. Table 3.12 Severely Affected Families and Compensation
No. Cropping Pattern Rate (Rs. X Acre) Acres compensation (Rs.) AFs Number Wheat + Rice 44,750 30 44,750x30= 1,342,500
52
Total 1,342,500
52
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3.2 AFFECTED FAMILIES (AF) / AFFECTED PERSONS (AP) CENSUS 96 Overall the AFs losing 52 of which all are land owners and their land is self cultivated by them. The affected population associated with these families is estimated 377 persons. All the families are basically in farming profession and majority is well settled on their farming areas. 97 Overall the AFs are 52 of which all land owners and their land is self cultivated by them. The affected population associated with these families is estimated 377 persons. All the families are basically in farming profession and majority is well settled on their farming areas. Table 3.13 Affected Families (AF) by Land
Road Portion AFs Sukkur- Jacobabad Land owners Tenants Leasee Total AFs
Total 52 ------- ------- 377
Table 3.14 Summaries of Affected Families (AF) and Affected Persons (AP)
*Without double counting 98 Table 3.14 shows all the numbers of affected people. Land is cultivated by the people by themselves, that is why there is no tenant and leasee and businesses are also managed by the owners by themselves, a kind of sole proprietorship that is why the affected people by businesses structures and affectees by business losses are same. 3.2.1 Vulnerable APs 99 According to ADB guidelines, AF with woman headed families or below poverty level is counted as vulnerable people and need to receive a vulnerable people allowance corresponding to 1 month minimum salary in project areas (6,500 Rps). During the field survey no AF was identified as a women headed family. However all AFs were identified as living below the poverty line and therefore all of them will receive a vulnerable people
(x impact type) (absolute)* No. Type of Impacts AF/Collective parties AF/Collective
partiesAP
1 Land Owners (affectees by land and cropare same, no tenants orleaser)
52
52 377
2 Crops and trees 51 (included in1) (included in1)3 Buildings / Structures
allowance of 6,500 RPs each. This amount is included in total compensation cost in Annexure iii and IV and in total budgeted cost 3.2.3 Impacts on Vulnerable People 100 According to Asian Development bank guidelines, AF with woman head families and APs who are handicapped are counted as vulnerable people. During the field survey no family are person identified as women headed or handicapped affected by the execution of the project but most of the AFs identified as living below the poverty line. 3.3 COMPENSATION BASIS 101 All components costs are aggregated to derive the overall costing of the houses and building structures accordingly. Price has been assessed on the basis of private construction cost prevailing in the area or as based on the currently notified construction rates per square feet. Project affectees are allowed to take the salvaged material of their building structures. 3.3.1 Compensation Unit Area Cost for House Building Structures 102 Buildings/houses losses will be compensated at the overall cost per square feet which has been developed and applied for costing purposes, which is based on the current market rates.
i) Pucca House structure = Rs. 750/- sq.ft. ii) Semi Pucca House = Rs. 590/- sq.ft iii) Mud House = Rs. 390/- sq.ft
103 Land for land option is not applicable for this project. Compensation costs are derived from the latest Government Notifications for the Building structures and all other costs are based on the existing market rates. Methodology used in preparing resettlement budget is for the convenience of the Project Affected Persons (PAP) and for the agencies involved in compensation. This is based on market prices of the area which have been collected through the field investigations and after consulting the concerned government departments, local government representatives, and the revenue and forest and the private real estate agencies and village elders. The special focus is to ensure fair and just compensation to the PAPs. In addition to the above price for the market value of the land to be acquired is topped up by 15% as the land acquisition is involuntary and compulsory as per provisions of law. All the rates applied to the land and land based assets have been assessed by the consultants as the prevailing rates applicable till 12th June, 2006. As such June 12th, 2006 is treated as the cut off date for all the land and land based assets quantification. Another important aspect of the assets is that all building structures have been constructed on the agricultural land. Afterward these rates are updated in March 2009 on basis of fresh market rates. For the business affectees the compensation is paid for the building structures partly affected due to the RoW. Most of the business affectees are having their self managed and self run business; hence they do not have any employees to be compensated. 104 Field surveys indicate that most AFs have plans to relocate and settle down in near-by areas owned by them or make adjustments/redesigning of the current building/house structures.
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3.3.2 Assessment of Compensation Unit Values 105 The compensation rates assessment methodology for different items is as follows:
(i) Land and structures shall be valued at the current market rate and replacement costs as assessed by DPAC. Market rates assessed by DPAC are annexed as Annexure 5.
(ii) Houses/buildings will be valued at replacement value based on cost of materials, type of construction, labor, transport and other construction costs. No deductions will be applied for depreciation, salvaged materials and transaction costs
(iii) Annual crops will be valued at market rates at the farm gate for a full 1 year crop.
106 Policy objectives under Land Acquisition and Resettlement Plan (LARP) are aimed to minimize involuntary resettlement to ensure that the persons to be displaced have their former living standards and income earning capacity improved or at least restored to original position. 107 One of the main impacts of the project is by arising due to the acquisition of land. The project is committed to providing compensation to persons who loose their land and other property/businesses. The provisions of law that apply to such situation will be followed. 108 Currently Land Acquisition Act of 1894 and Resettlement Ordinance 1999 facilitate the Provincial Governments and the Project Implementation Agencies (PIA’s) to frame rules and regulations for development projects including compensation of the Project affectees’ assets. This has been supplemented through development of Land Acquisition and Resettlement Framework prepared by NHA and duly approved by ADB. 4.1 ADB’S INVOLUNTARY RESETTLEMENT POLICY 109 With the assistance of ADB a massive road development/improvement program has been launched, throughout country. ADB requirements regarding land acquisition, and resettlement applicable to such involuntary resettlement are to be fulfilled to ensure that affectees are well compensated for loss of land and land based assets. The ADB Policy on Involuntary Resettlement is based on the following principles:
• Involuntary resettlement is to be avoided or at least minimized. • Compensation must ensure maintenance of the APs’ pre-project living
standards. • APs should be fully informed and consulted on LARP compensation
options. • Compensation will be carried out with equal consideration to women and
men. • Lack of formal legal land title should not be a hindrance for rehabilitation. • Particular attention should be paid to households headed by women and
other vulnerable groups, such as indigenous people’s (IPs) and ethnic minorities, and appropriate assistance should be provided to help them improve their status.
• LARP should be conceived and executed as a part of the project, and full costs of compensation should be included in project costs and benefits.
• Compensation/rehabilitation assistance will be paid prior to ground leveling, demolition, and in any case, before an impact occurs.
4.2 LEGAL AND POLICY BACKGROUND 4.2.1 Pakistan’s Law and Regulations on Land Acquisition and Resettlement 110 Although the 1894 Land Acquisition Act (LAA) with its successive amendments is the main law regulating land acquisition for public purpose. This has been variously interpreted by local governments, and some province has augmented the LAA by issuing provincial legislations. The LAA and its Implementation Rules require that following impacts
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assessment/valuation effort, land and crops are compensated in cash at market rate to titled landowners and registered land tenants/users, respectively. The LAA mandates that land valuation is to be based on the latest 3 to 5 years average registered land sale rates, though, in several recent cases the median rate over the past 1 year, or even the current rates, have been applied. Due to widespread land under-valuation by the Revenue Department, current market rates are now frequently applied with an added 15% Compulsory Acquisition Surcharge as per provision of the law. 111 Based on the LAA, only legal owners and tenants registered with Land Revenue Department or possessing formal lease agreements, are eligible for compensation or livelihood support. The rights of titleless, are however addressed under the 1986 Punjab Jinnah Abadis for Non-proprietors in Rural Areas Act, which recognize to squatters the right to receive rehabilitation in form of a replacement plot. It is to be noted that this right has been sometimes extended in practice to include some form of rehabilitation in cash or in forms different from land. Projects such as Chotiari Dam, Ghazi Barotha Hydropower, and National Highways Improvement, have awarded compensation and assistance to unregistered tenants and other forms of AP (sharecroppers/ squatters). 112 It is also noted that the LAA does not automatically mandate for specific rehabilitation/ assistance provisions benefiting the poor, vulnerable groups, or severely affected APs, nor it automatically provides for rehabilitation of income/livelihood losses or resettlement costs. This however is often done in many projects in form of ad hoc arrangements based on negotiations between a specific EA and the APs. 113 As noted above, exceptions to the rule are intrinsic to the fact that the law is elastic and are broadly interpreted at provincial level depending on operational requirements, local needs, and socio-economic circumstances. Recourse is often taken to ad hoc arrangements, agreements and understandings for resettlement in difficult situations. Above is also influenced by fact that an amendment of the LAA has been considered necessary by Ministry of Environment. Accordingly, a National Resettlement Policy (NRP) and a Resettlement Ordinance have been drafted to broaden LAA provisions and current practices so as to widen the scope of eligibility and tightening up loopholes (i.e. regarding definitions of malpractices, cut-off dates, political influence on routing, etc.). But both these documents are still awaiting government’s approval for implementation. 4.2.2 Comparison of Pakistan’s Land Acquisition Act and ADB Resettlement Policy 114 Differences between Pakistan Land Acquisition Law (LAA) and ADB policy for land acquisition are outlined in Table 4.1 below.
Table 4.1: Comparison of Pakistan’s LAA and ADB Resettlement Policy Pakistan’s Land Acquisition Act, 1894 ADB Involuntary Resettlement Policy Land compensation only for titled landowners or holders of customary rights.
Lack of title should not be a bar to compensation and/or rehabilitation, and non-title-holders are to be rehabilitated.
Crop losses compensation provided only to registered landowners and lease/sharecrop tenants (Non-registered are often deprived).
Crop compensation is provided to landowners and sharecrop/lease tenants according to their shares whether they are registered or not.
Tree losses are compensated on the basis of officially fixed rates by the Forest and Agricultural/Horticulture departments.
Tree losses are compensated according to actual worth of affected trees based on market rates.
Land valuation based on the median registered land transfer rate over the previous 1 year before the notification of section 6.
Land valuation is to be based on current replacement (market) value and valued within 1 year before the payment of compensation.
Valuation of structures based on official rates, with Valuation of built-up structures is based on current
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Pakistan’s Land Acquisition Act, 1894 ADB Involuntary Resettlement Policy depreciation deducted from gross value of the structure.
market value/cost of new construction of the structure
Land Acquisition Collector (LAC) is the only pre-litigation final authority to decide disputes and address complaints regarding quantification and assessment of compensation for the affected lands and other assets
Complaints and grievances are resolved informally through community participation in the Grievance Redress Committees (GRC), local governments, NGO and/or local-level community based organizations
The decisions regarding land acquisition and theamounts of compensations to be paid are published in the official Gazette and notified in convenient places so that the people affected get aware of the same.
Information related to quantification and costing of land, structures and other assets, entitlements, and amounts of compensation and financial assistance are to be disclosed to the affected persons prior to project appraisal.
No provision for income/livelihood rehabilitation measure, allowances for severely affected APs and vulnerable groups, or resettlement expenses
ADB policy requires rehabilitation for income/livelihood, for severe losses, and for expenses incurred by the APs during the relocation process.
4.3 REMEDIAL MEASURES TO BRIDGE THE GAP 115 In principle, Pakistan Law and ADB Policy adhere not only to the objective of AP compensation, but also to the objective of rehabilitation. However, LAA amendments is unclear on how rehabilitation is to be achieved and in practice the provision of rehabilitation is left to ad hoc arrangements taken by local governments and specific project proponents. To clarify these issues and reconcile eventual gaps between Pakistan Law and ADB Policy, EA has prepared LARP for this Project, to (a) ensuring compensation at replacement cost of all items, (b) rehabilitation of informal settlers, and (c) provision of subsidies or allowances for APs that may be relocated, suffer business losses, or may be severely affected. 4.4 COMPENSATION ELIGIBILITY AND ENTITLEMENTS FOR THE PROJECT 116 Land Acquisition and Resettlement tasks under the Project will be implemented according to a compensation eligibility and entitlements framework in line with Pakistan’s law/ regulation and ADB Policy. A summary of entitlements matrix is given in Table 4.2 below.
4.4.1 Eligibility 117 APs entitled to compensation or at least rehabilitation under the Project are:
All APs losing land either with legal title/traditional land rights or without; Tenants and sharecroppers whether registered or not; Owners of buildings, crops, plants, or other objects attached to the land; and APs losing business, income, and salaries.
118 Compensation eligibility is limited to a cut-off date of 24th June, 2006 for this project as starting day of the AP census and impact assessment. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or sanction. Forced eviction will only be considered after all other efforts are exhausted. 4.4.2 Compensation Entitlements 119 Entitlement provisions for APs losing land, houses, and income losses and rehabilitation subsidies will include provisions for permanent and temporary land losses,
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house and buildings losses, crops and trees losses, a relocation subsidy, and a business losses allowance based on tax declarations and/or lump sums. These entitlements are detailed below:
• Agricultural land impacts. These impacts will be compensated at replacement value in cash based on current market rates plus 15% compulsory land acquisition surcharge. Eventual transaction taxes/fees will be paid by the EA or waived by local governments.
• Severe Agricultural Land Impacts. When >10% of an AP of the agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost (inclusive `of both winter (Rabi) and summer (Kharif) harvest).
• Residential/commercial land impacts. These impacts will be compensated at replacement value in cash at current market rates free of deductions for transaction costs. Renters/leaseholders will receive an allowance corresponding to a 3 months rent.
• Houses, buildings, structures damages. These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. The compensation will include the cost of lost water supply, electricity or telephone connections. When a House/building is affected for more than 25% (or less than that but is structurally damaged) it will be compensated in its entirety.
• Income form crops losses. These impacts will be compensated through Cash compensation at current market rates for the full harvest of 1 agricultural season (inclusive of winter and summer crop). In case of sharecropping crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.
• Tree losses: These impacts will be compensated in Cash based on the principle of income replacement. Fruit trees will be valued based on age category (a. not yet productive; b. productive). Productive trees will be valued at gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple years investment they have required. Non-fruit trees it will be valued at dry wood volume basis output and its current market rates.
• Businesses: compensation for permanent business losses will be in cash for the period deemed necessary to re-establish the business (6 months); compensation for temporary business losses will be cash covering the income of the interruption period up to 6 months.
• Business workers and employees: Indemnity for lost wages for the period of business interruption up to a maximum of 3 months.
• Agricultural land leaseholders, sharecroppers, and workers: Affected leaseholders will receive either a renewal of the lease in other plots or cash corresponding to the yearly crop yield of land lost for the remaining years of the lease up to a maximum of 3 years. Sharecroppers will receive their share of harvest at market rates (if impact is temporary) plus 1 additional crop compensation (if the land is lost permanently). Agricultural workers, with contracts to be interrupted, will get an indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the agricultural year (inclusive of both winter(Rabi) and summer (Kharif) crop).
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• Relocation allowance: AFs forced to relocate will receive a relocation allowance sufficient to cover transport costs and extraordinary livelihood expenses living expenses for 1 month (Rs. 20,000).
• Livelihood allowance. AFs forced to relocation will receive a livelihood
• House renters: House renters who have leased a house for residential purposes will be provided with a cash grant of 3 months’ rent at the prevailing market rate in the area and will be assisted in identifying alternative accommodation.
• Community Structures and Public Utilities: Will be fully replaced or rehabilitated so as to satisfy their pre-project functions.
• Vulnerable people Livelihood: Vulnerable people (APs below the poverty line and or widow, orphans, women household heads, landless etc.) will be given priority in employment in project-related jobs.
Entitlements Matrix Asset Specification Affected People Compensation Entitlements
Farmer/Titleholder
• Cash compensation for affected land at replacement cost based on market value plus a 15% Compulsory Land acquisition surcharge and free of taxes, registration, and transfer costs
Leaseholder/tenant (registered or not)
• Cash equivalent to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years).
Sharecroppers (registered or not)
• cash compensation equal to market value of lost harvest to be shared with landowner based on the sharecropping contract
Agricultural workers losing contracts
• Cash indemnity corresponding to their salary (including portions in kind) for the remaining part of the contract.
All land losses independently from impact severity
Squatters • 1 rehabilitation allowance equal to net market value of 1 harvest in addition to standard crop compensation) for land use loss.
Farmer/Titleholder Leaseholder
• 1 severe impact allowance equal to net income from a 1 year harvest (iwinter and summer crop) additional to standard crop compensation.
Permanent impact on Arable Land
Additional provisions for severe impacts (More than 10% of land loss)
Sharecroppers (registered or not)
• 1 severe impact allowance equal to market value of share of harvest lost (additional to standard crop compensation)
Squatters • 1 severe impact allowance equal to net value of harvest of the affected land for one year (inclusive of winter and summer crop and additional to standard crop compensation)
Titleholder • cash compensation for affected land at full replacement cost free of taxes, registration, and transfer costs
Renter/Leaseholder • Three months allowance
Residential/ Commercial Land
Squatters • Accommodation in a government resettlement area or self-relocation allowance: a) provision of a plot property in public resettlement area; b) provision of a plot leased in a public resettlement area; and c. provision of a loss of land use space covering1 year of livelihood.
Building and Structures
All APs (including squatters)
• Cash compensation at replacement rates for affected structure and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts full cash assistance to restore remaining structure.
Crops Crops affected All APs (also squatters • Crop compensation in cash at full market rate for 1 year harvest (inclusive of winter and summer crop) by default.
Trees Trees affected All APs (also • Cash compensation at income replacement.
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Asset Specification Affected People Compensation Entitlements squatters)
Business/ Employment
Temporary or permanent loss of business or employment
All APs (also squatters)
• Business owner: (i) Cash compensation equal to 6 months income, if loss permanent; (ii) cash compensation for the business interruption period up to 6 months, if loss temporary.
• Worker/employees: Indemnity for lost wages up to 6 months. Relocation Transport/transition
livelihood costs All APs so affected (including squatters)
• Provision of a relocation allowance of (Rs.20,000) covering transport costs (Rs. 5,000)and a livelihood allowance of Rs. 15,000 covering livelihood costs.
Communal assets
• Rehabilitation/substitution of the affected structures/utilities
Vulnerable AP
AP under poverty line • One special allowance of Rs. 6,500 • Employment priority in project-related jobs.
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CHAPTER-5 COMMUNITY PARTICIPATION, CONSULTATION AND LARP DISCLOSURE
5.0 GENERAL 120 This section deals with public consultation sessions held with the different stakeholder groups that are likely to be affected by the implementation of the Project. The consultation process was carried out as per the guidelines of ADB and EPA. The consultation and public disclosure was undertaken in two phases first at the preliminary stages while collecting the base line socio-economic data for the project area and project affectees. Subsequently a LARP was developed based on the findings of the preliminary investigations on socio-economic and public consultation process. This was followed by another chain of sessions focused specifically on the LARP disclosure to the affectees. First part of this section is covering the consultation process and its objectives whereas second section is specifically addressing the LARP disclosure to create awareness among the affectees regarding their entitlements and compensation payment procedures and grievances redressel mechanism. All these aspects are briefly given below: 121 This consultation process had the following objectives:
1. Share information with stakeholders for the project and expected impacts
on aspects of affectees of corridor; 2. Understand stakeholders’ concerns regarding various aspects of the
Project, including the existing condition of the upgrading requirements, and the likely impact of construction related activities and operation of the improved highway;
3. Provide an opportunity to the public to influence Project design in a positive manner;
4. Obtain local and traditional knowledge, before decision making; 5. Increase public confidence about the proponent, reviewers and decision
makers; 6. Reduce conflict through the early identification of controversial issues, and
work through them to find acceptable solutions; 7. Create a sense of ownership of the proposal in the mind of the
stakeholders; and 8. Develop the proposal which is truly sustainable.
5.1 IDENTIFICATION OF MAIN STAKEHOLDER 122 During the field survey, significant efforts were made to identify the possible categories of stakeholders and their stakes. During the field survey different stakeholders identified were the villagers, local residents, government officials, shop owners, public representative, NGO’s and general public. All those stakeholders had different types of stakes according to their professions. 5.2 SCOPING SESSIONS 123 A series of scoping sessions and focus group discussions were also carried out with local communities and local government representatives. The meetings were held at various locations. 124 Generally, people were found to be aware of the need of the Highway, and indicated their support for the present NHA Project. Local communities demanded that they
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should be part of a continuous consultation process with other stakeholders at different stages of the Project including the design, construction, and operational periods. The scoping sessions were carried out according to the schedule indicated in Table 5.1. Table 5.1 Schedule of Scoping Sessions
No. Date Time Location Participants 1 13th June
2006 03:00 pm Project introduction
suggestion of stakeholders12
2 13th June 2006
05:00 pm Project introduction discussion on compensation package with affectees
9
3 13th June 2006
10:30 am Project introduction suggestions regarding road safety
10
4 13th June 2006
03:00 pm Project introduction compensation package with affectees
18
5 13th June 2006
03:00 pm Project introduction compensation package with affectees
9
6 13th June 2006
03:00 pm Project introduction compensation package with affectees
9
7 13th June 2006
03:00 pm Project introduction compensation package with affectees
9
Topic Discussed are as follows: • Project introduction & Suggestions of Stakeholders • Compensation package for affected persons • Land acquisition related matters • Compensation Package with the Affectees • Resettlement issues • Compensation in cash and in time • Road Safety aspects
5.3 STAKEHOLDERS’ CONCERNS 125 The most common concerns raised during the meetings are listed herewith:
(a) Highway Design
• Provide underpasses; • Overhead bridges at existing Link road crossings; • Improve general standards of construction; • Construct median in the centre of road for the safety of moving traffic. • Provide drain for run-off from water at the both side of the road. • Plant trees along the highway that could reduce air and noise pollution. (b) Highway Construction
• Induct local labour into the construction workforce as far as possible to avoid social conflict between the migrant labour and local communities; and
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• Provide proper diversion for the traffic during construction to avoid traffic congestion and related hazards.
(c) Highway Operation • Ensure that cross-drainage pipes and culverts are constructed/connected
regularly cleaned; and
5.4 PROPOSED MEASURES FOR INCORPORATING THE STAKEHOLDERS’ CONCERNS
(a) Highway Design The contractors and design consultants will include the following
environmental and safety provisions in the project design under the Project: • Under passes, bridges and interchanges will be located at appropriate and
possibly shorter distance; • A tree plantation Programme to compensate for the anticipated loss of
vegetation during the construction activities, and to help abate pollution caused by emissions, dust, and noise during highway operation; and
• Drainage system will be provided to control surface runoff. (b) Highway Construction The following measures will be carried out in order to protect surrounding
communities from the expected impact of construction: • Project construction will be located at a minimum distance of 500 metres
away from existing settlements and built-up areas. In order to avoid restricting the mobility of local people, construction vehicles will remain confined within their designated areas of movement.
• Sensitivity towards local customs and traditions will be encouraged to minimize social friction. Good relations with local communities will be promoted by encouraging contractors to provide opportunities for skilled and unskilled employment to locals, as well as on job training in construction for young people.
5.5 CONSULTATION MEETINGS AT VILLAGE LEVEL 126 Consultation Village meetings have many uses in participatory development, including information sharing and group consultation, consensus building, prioritizing and sequencing of interventions and collaborative monitoring and evaluations. Concerns raised during the preliminary village meetings have been given in Table 5.2. 5.6 LARP DISCLOSURE PROCESS
127 After suggesting the possible solutions of the stakeholders’ concerns as mentioned above in the preliminary village level meetings. This was followed up with solutions as per provision of LARP and for which LARP disclosure was made with the stakeholders and general public. LARP report is being made accessible to all concern parties and its brief broachers (Annexure-V) in local language as a LARP broachers were developed and distributed among the participants. The salient features of LARP covering entitlement matrix, grievance redressel mechanism and monitoring aspects are translated in Sindhi and
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Urdu language for all the end users. This report is being put on the ADB website and on NHA website as well. This report will be available in the nearest public library, local government offices as well.
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Table 5.2 Scoping Sessions - Village Meetings and the Concerns
S. No
Village Name/ Venue
Total House hold
Population Date No of Participant Main Concerns Expectations
1 Cattle Colony Sukkur 40 450 13.06.06 25
Dykes should be along the road. Service Road Should be provided. During road construction the chance of accidents increases it should be avoided by stopping heavy traffic during construction.
Economics opportunities for the people of area. Employment opportunity for the people of area. Transport Facility will be improved.
2 Village Manzor Mehar
50 400 14.06.06 20 Proper Bus Bays should be constructed. Village Laborer should be hired during construction
Transport Facility will be improved.
3 Lakhi Town 50 500 15.06.06 20
Provision for Cattle crossing. Under pass should be constructed. Waiting room with proper facility of water and lavatory should be constructed at bus stands
Better transport facilities. Employment opportunities will occur during construction. Travel time will be reduced.
4 Jahan Khan 300 3000 16.06.06 40
Dust Pollution During Construction. Labor should be hired from our village. Service road should be constructed.
Better transport facilities. It will generate employment opportunities during construction period. Travel time will be reduced.
5 Hamayon
50 750 16.06.06 25 Accidents Chances will be increase. Service road should be constructed. Level of both roads should be kept same.
Unemployment will be decrease .Patients would easily go to big cities for treatment.
6 Abad 300 6000 16.06.06 30
Road should be constructed on the same ROW .Dust or Noise pollution should be avoided. Govt. should give consideration to water problem too, for the area.
We will enjoy better transport facilities. Business facilities will be generated. Better transport facilities will be available.
7 Bagrari Pull 60 800 16.06.06 20
Service road should be provided. Sign board should be provided along the settlement and school. Proper arrangements should be done to avoid construction hazards.
We will enjoy better trans port facilities. Business facilities will be generated. Better transport facilities will be available.
8 Sultan Kot
50 300 17.06.06 10
Waiting sheds with water and lavatory facilities should be provided. Speed breakers Should be constructed to break the speed of fast moving traffic in the population centers.
People will be able to reach big cities easily. Trend for migration from village to big cities will be reduced.
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9 Village Mad Ghosa
100 1000 17.06.06 40
Bypass Should be provided to avoid population resettlement .Houses and shops should not be dislocated .Compensation should be given before demolition. Business should be disturbed .Village will be ruin .We don’t want to leave our society and culture. We have no trust on govt Agencies. Masque Khudabad should be saved.
People will be able to reach big cities easily. This road will link the people of two provinces. Economy of the area will be boosted village at people will never migrate to big cities
10 Village Punjal Sheikh
150 1800 17.06.06 25
Land should be acquired from the other side of the road where their is no settlement and agriculture land. These house which are going to demolish are our whole life earning. We all are poor farmers and not in position to construct new houses. They have not got land in near vicinity. Mosque should not be shifted because people are highly sensitive about it.
Different kind of conveyances will be available. Different kind of industries will be installed.
11 Lodhran village 600 6000 18.06.06 15
Sharps curves should be avoided. Signboards should be installed along the public property. Median wall should be constructed between service lane and main road.
Better transport facilities will be available.
12 Malhi Ghoth 35 500 18.06.06 30
Fair and proper compensation should be given .Compensation should be given well in time, footpath should be constructed along the road. Fast speeding should be prohibited near the villages. Proper sign boards should be installed along the road. Culverts should be constructed to avoid the accumulation of rain water on the road along row. Separate service lane should be constructed for local traffic.
Business facilities will be generated. Better transport facilities will be available.
13 Village Manzor Khan Panwar
250 2000 19.06.06 20 Fair and proper compensation should be given .Compensation should be given well in time.
It is good for the economic and social life of the area. Road will provide easy access to market.
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14 Sardar Adim Khan Panwar 150 2000 19.06.06 25
People of the area are facing many economic hardships govt should announce a compensatory package for them. Proper system and place should be marked for boarding and dropping of passengers for public transport. Proper system of drainage and cleanliness of the road should be introduced.
Economic activities will boost up
15 Haji Jhandro Village 250 2500 19.06.06 20
Under pass or over head bridge should be constructed. Proper bus stand should be provided. There should be tree plantation along the road to avoid the air pollution.
Better transport facility will be available .better chance of employment will be available during construction and after construction roadside business will be generated.
16 Village Soomro Ghot 200 2500 20.06.06 25
A proper system to cater the rain water should be constructed for better drainage along the road .Overloading should be checked .Traffic police should be posted to regulate the traffic. Carts and tongas should not be allowed on the road.
Better transport facilities will be available.
17 Ahmed Pur 400 6400 20.06.06 40 Fair and proper compensation should be given .Compensation should be given well in time.
Better transport facilities will be available.
18 Village Kaher 20.06.06 15 Waiting sheds with water and lavatory facilities should be provided. Bus bays should be constructed U turn should be provided.
It is good for the economic and social life of the area. Road will provide easy access to market.
19 Malhi Ghoth 35 900 21.06.06 10
Accidents Chance will be increase. Under pass should be provided. Service road should be provided
Better transport facility will be available. Better chance of employment will be available during construction and after construction roadside business will be generated.
20 Ghot M. Ibraheem Sheikh
40 3000 21.06.06 20 Fair and proper compensation should be given. Compensation should be given well in time.
It is good for the economic and social life of the area. Road will provide easy access to market.
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5.7 LARP PUBLIC DISCLOSURE MEETINGS AND ITS FINDINGS 128 Public meetings were held with the view to disseminate information about the ‘Entitlement Package’ designed for the Project Affectees (PAs) and solicit their viewpoints to refine this package. Table 5.3 presents details about the date, time, venue of public meetings and participants from different Project affected villages. Details of this question answer session are given as per Annexure-ii.
Table 5.3: Public Disclosure Meetings for LARP Entitlement Matrix Sr. No.
Date Time (hrs.)
Location/Village Tehsil Participants
1 22.4.07 10.00 am Tanon Khan Sukkur 30 2 22.4.07 4.00 pm Ghat Abdullah Sher Lakhi 32 3 23.4.07 10.00 am Ghat Sultan Kot Shikarpur 40 4 23.4.07 4.00 pm Ghat Punjab Sheikh Shikarpur 28 5 24.4.07 10.00 am Ghat Master M. Ibrahim Jacobabad 50
Total: 180 129 After dissemination of LARP Entitlement Matrix (contained in the brochure attached herewith), the following common issues were discussed in the form of question and answer session (including comments, suggestions of the PAs) in all the affected villages and responses given to various questions of the APs are summarized as below:
(i) Access to culturally relevant sites will be preserved; this has been well considered in
the design.
(ii) The only alternative to kacha tracks will be underpasses, which will be provided at appropriate location in relevance to existing tracks/routes to facilitate communication.
(iii) All the construction work will be confined within the proposed Right of Way (RoW).
(iv) Payment will be made as per Land Revenue Record. This record is being updated in consultation with the affectees of the Project Area. However, final payment will be made after detailed measurements of the affected land and the updated record of ownership by the Land Revenue Department.
(v) All the payment will be made prior to commencement of construction work.
(vi) Land for Land compensation is not feasible due to its long strip extending into different areas.
(vii) Compensation for fruit trees will be made on scientific basis considering a number of factors such as type, age, production per year etc. For non-fruit trees, compensation will be made according to market value based on volume of wood produced by these trees.
(viii) If the remaining land becomes useless and inaccessible then it will be compensated as per market value plus 15 per cent for compulsory land acquisition.
(ix) Cash compensation will be made at replacement rates for affected structures and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts, full cash assistance will be made to restore the remaining structures.
(x) If chunks of remaining land are small enough that make cultivation difficult or impossible, compensation will also be made as per market value.
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(xi) The start project construction is the beginning of year 2008 after payment of compensation has been made. The proposed Project will be completed by the end of the year 2010.
(xii) The interchanges will be provided at required places such as population centers. Underpasses will also be provided at the routes providing common access to a number of villages.
(xiii) The Land Revenue Record is being updated in consultation with the Project Affectees.
(xiv) Borrow materials will be taken from such areas where there is an agreement with the land owners for the purchase or lease of such lands. Final locations will be decided by the Contractors in consultation with the Construction Supervision Consultant. However, these areas will be located away from the features such as roads, buildings, watercourses population centers etc. Necessary mitigation measures will be taken to reduce air, noise pollution.
(xv) Since courtyard with its structures is a part of the house, cash compensation for the affected land will be made at full replacement cost, which is free from taxes, registration or transfer costs.
(xvi) Cash compensation will be made depending upon the market values of different types of land. In case of agricultural land, extra 15 per cent will be paid for compulsory land acquisition. For residential and commercial lands, payment will be made at full replacement cost. All these costs will be free of taxes, registration and transfer costs.
(xvii) Agricultural lands will be categorized according to their qualities of fertility village wise. Fertile land will be paid more as compared to arid and barren lands. Commercial lands and land attached to the villages will be treated as residential land and will be paid off accordingly at present market value not on average price of revenue record.
(xviii) In case of severe impact allowance will be paid equal to net market values of farm crop of the affected land. It will be paid for one year crops (one rabi & one kharif crop) in addition to standard compensation for loss of houses.
(xix) All important infrastructures will be restored by providing culverts, bridges, flyovers & underpasses.
(xx) When the list of inventory will be finalized and draft report will be compiled it will be displayed at nominated places like District Coordination Officer (DCO) office, District Nazim Office public libraries and copies will be given to public representatives. These people can check their inventories and in case of any problem/variation they can give application to Grievance Redressal Committee (GRC) in their respective areas.
(xxi) Farmers will be paid compensation for all their assets including trees, houses, tube wells etc.
(xxii) In case of disputes among shareholders of land the payment will be deposited in the court of law as and when the decision is made it will be paid by the court accordingly.
(xxiii) Service road will also be provided on both sides of the road wherever feasible.
(xxiv) The tenants will also be paid for their assets.
(xxv) In case of agricultural land, cash compensation will be paid to lease holder which will be equivalent to market value of gross yield of affected land for the remaining lease years (upto a maximum of 3 years). In addition, severe impact allowance, equivalent to net market value of harvest of the affected land will be paid for one year crops (one winter crop & one summer crop) along with standard compensation.
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(xxvi) For residential/commercial buildings affectees, three months allowance will be paid.
(xxvii) For houses/structures, cash compensation will be given at replacement rates. It will be free of salvageable materials depreciation & transaction costs.
(xxviii) Cash compensation will be made for loss of trees at income replacement.
(xxix) The payment for each asset to be lost within the proposed RoW will be made in full.
(xxx) Compensation for the land will be paid to the owner; however occupant/ tenant would be paid compensation for one year crop. During the construction phase. In addition preference will be given to local people for jobs in all categories such as skilled, semi-skilled, labour etc. This action would be done in collaboration with the construction contractors.
(xxxi) All the assets to be lost will be quantified, measured and evaluated by the respective departments (Buildings Department, Forest Department, Agriculture Department and Revenue Department) for payment of compensation.
(xxxii) The existing routes will be both restored and elevated in the form of underpasses and flyovers.
(xxxiii) Compensation will be made at market value irrespective of what is mentioned in the Land Revenue Record.
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CHAPTER-6 INSTITUTIONAL FRAMEWORK
6.1 ORGANIZATIONAL SETUP 130 The compensation/rehabilitation Program described in this LARP involves distinct processes and different agencies. These include NHA as the EA, the Ministry of Environment, the Asian Development Bank (ADB) and the affected communities.
(i) A Resettlement/IP Specialist to be hired at the PIU to take care of daily LARP tasks and coordinate with Consultants and LARU.
(ii) A Resettlement Specialists team to be hired under the Consultants contract. It will assist in LAR planning/implementation, internal M&E, and training of concerned staff on impact assessment and ADB resettlement policy requirements;
(iii) An independent agency (A NGO, an academic institute or a consultant) to be hired to conduct periodic monitoring and evaluation/ 3rd party validation of LARP implementation.
6.1.1 National Highway Authority (NHA) 131 NHA has overall responsibility for the Program including preparation/ implementation and financing of all LAR/IP development tasks and cross-agency coordination. NHA will exercise its functions through the Project Management Unit (PMU) established for all ADB financed project at headquarters which will be responsible for general project execution. The PMU will be paralleled at field level by the Project Implementation Units (PIU) in N-65 field office which under the direction of the project Director (PD) will be tasked with day-to-day Project related activities at agency/subproject level. LAR/IP development tasks will be dealt with by the Land Acquisition and Resettlement Unit (LARU), to be located under the Social Development and Environment Directorate (SDED) at NHA headquarters in Islamabad. This unit tasks include supervision and internally monitoring of LARP preparation and implementation (including surveys, structural valuation, and community consultation), LAR-related cross-agency/inter-departmental coordination, and LARP approval. In the implementation of these tasks the LARU will receive specific technical assistance from the followings: 6.1.2 District and Provincial Governments
132 District-based agencies have the jurisdiction for land administration and compensation and for the compensation rehabilitation of other affected assets. Land acquisition functions rest with the Provincial Board of Revenue represented at District level by the District Coordination Officer (DCO)/Land Acquisition Collector (LAC) and District Revenue Office (DRO). Several other staff members of the Revenue Department, most notably the Quanogo and Patwari, (records keeper) carry out specific roles such as titles identification and verification of the ownership (see Figure 6.2, 6.3). The compensation rates will have to be approved by a District land Valuation Committee (LVC) and in turn will have to be confirmed by the Board of Revenue Office at Provincial level. 133 Functions pertaining to compensation of assets different from land rest on Provincial line-agencies and their District level offices. Buildings compensation pertains to the Communication & Works Department (C&WD), Crops and Fruit trees compensation pertains to the Department of Agriculture and the compensation for wood trees losses pertains to the Department of Forestry. The Office of the Nazim (the elected District head) is expected to play a coordinating role and will represent the rights of the local citizens.
45
6.1.3 Contractors 134 The construction contractor will also nominate one liaison officer to coordinate with the PIU and other relevant offices on matters relative to possible impacts occurring during project implementation and to coordinate on employment opportunities for the APs in construction works. Its key roles and responsibilities are to collaborate with the PIU and the implementation consultants in the following activities:
Verify the loss of infrastructures and other assets of APs due to project implementation and ensure their compensation;
Determine/review the replacement cost for all kinds of loss occurred; Hold consultation meetings with the affected people;
6.2 COORDINATION INITIATIVES
135 The agencies and officers/officials identified above will work in close coordination to obtain effective, smooth and timely AP compensation and LARP implementation. To this purpose a LAC will be directly assigned to the PMU by the Board of Revenue and 2 coordination/consultation committees will be included at the top and bottom levels of the LAR organization as follows:
1) A LAR Steering Committee (LSC) 2) A LAR Coordination Committee (LCC)
(i) A LAR Steering Committee (LSC) To be established soon after
Program approval at provincial level to ensure that all relevant agencies involved in LAR and compensation and rehabilitation are:
(i) fully informed of this LARP’s and ADB Policy’s requirements and (ii) Assist NHA in the preparation/implementation of needed LARP at
Project level by providing district-level offices with the directions needed to ensure effective synergy and task coordination between NHA, LACs and relevant District departments. The LSC will include high-level representatives of:
a. NHA Management; b. the Planning and Development Department (PDD); c. the Board of Revenue; d. Relevant Provincial departments and e. The Environmental Protection Agency (EPA). (Figure 6.2).
136. The LSC will meet periodically to ensure that NHA/PMU, the consultants, the LACs, other district agencies and the office of the relevant Nazims work together in the preparation of the LARPs and in the execution of AP consultation. A function of the LSC will be to ensure the timely formation of effective district-level LAR Coordination Committees (LCC).
Figure.6.1: Organogram: LAR Steering Committee
Provincial Planning & Development Dept. (ember)
Board of Revenue (Member)
Relevant DepartmentsAgricultural,
Building, Forest
(Members)
EPA (Member)
NHA Management (Coordinator
member)
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LOCAL GOVERNMENT PROVINCE NHA
Thesil Nazim Respective Tehsil
District Nazim Respective District
Board of revenue Other Departments
PMU
District Coordination Office (DCO) - Land Acquisition Collector(LAC) - Local land records keepers: (Quanungo, Girdawer, Patwaris)
District Departments Agriculture, Building, Forestry PIU
LAR STEERING COMMITTE
Union Councils Respective U.C
APs
Land compensation
LAR COORDINATION COMMITTE
Complaints and Grievances
Other Compensation
Environmental Protection Agency
Administrative Function
Coordination function
(ii) A LAR Coordination Committee (LCC) to be formed in each relevant district to provide a coordinating node for the preparation/implementation of LARPs (surveys execution, assets valuation, AP consultation, and local approval of LARP provisions) and complaints and grievances. The LCC formation will be supported by the LSC and initiated by NHA’s PMU/PIU before the beginning of project preparation activities in a specific District. The LCC will include representatives of the PIU, of the DRO/LAC, of other concerned district departments, of the Nazim’s Office, and of the local Union Council/s (Figure 6.2). The main function of the LCC will be that of ensuring that LARP preparation and implementation is carried out as one shared task by all involved parties. The LCC will also provide a forum where NHA, local government agencies and the APs can confront their views on various LAR-related matters. One of the areas where LCC will play this role is complaints and grievances. In this function the LCC will hear the complaint, and if found justified will support its lodging at the PMU. The working mechanism and PMU functioning is description in Figure 6.3.
Figure 6.2: Organogram: LAR Coordination Committee
District Nazim/s Office
( Member)
Districts Revenue Office
(DORs/LACs) (Member)
Relevant District
Departments (Members)
Union Council (AP’s reps.)
(Member)
PMU/PIU NHA
Member coordinator)
Figure 6.3 LAR Organogram and Action
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CHAPTER-7
IMPLEMENTATION OF LARP
7.0 PROCESS OF RP IMPLEMENTATION
137 The implementation process of LARP will be commenced during the Second quarter of the Year 2009. The formation of the Resettlement Advisory Committee (RAC and the hiring of the PIU resettlement Specialist will be completed shortly. The project will provide adequate advance notice to the APs and will pay their due compensation for resettlement including relocation and income restoration/assistance prior to start of construction work. All activities related to land acquisition and resettlement will be completed prior to award of civil works contract.
7.1 LAND ACQUISITION
138 The Committee including administration, Revenue Department and NHA has finalized the prices for land acquisition (by category of land) and shortly the process of land acquisition will be started for the proposed new highway. It is expected to formalize the acquisition process quickly with the support from political administration and priority given to the Project by the government. Tentatively, the process of land acquisition in the project will take three months.
139 The land-strip required for the proposed project will be acquired on market price. It is expected that land will be acquired in lesser time because people are willing to sale land on market price. The compensation for land, structures and other assets will be compensated at replacement cost. Board of Revenue has approved the land prices, which is same as mentioned in LARP report.
140 The total amount of land acquisition has been deposited by NHA to Revenue department. That will then make payment of compensation money to the entitled people in the project area. Then, the revenue department will take possession of the acquired lands and hand over to NHA, for starting construction works of the Project awards. Payment of compensation will be made at least 30 days (one month) prior to the actual possession of the acquired lands. Contract award will be given to contractor after September 2009. No land will be possessed without full payment of due compensations to the affected people. However, in case of a dispute, the amount of compensation will be pledged in the names of the concerned APs. 141 A detailed implementation schedule will be prepared for the LARP, which will include the specification of the sequence and time frame of the necessary activities for land acquisition, release of funds to the acquiring agency, payment of compensation for various categories of loss and relocation, demolition of structures and transfer of land, grievance redress, and monitoring and evaluation.
142 The preparation and implementation of LARP and timeframe are summarized in Table 7.1 given below.
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Fig 7.1
Expected Implementation Schedule of the LARP
EXPECTED IMPLEMENTATION SCHEDULE OF THE LARP Responsible 2008 2009
Secondary Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug SepEALS
HA EALS *
NHA LARU
NGO
NGO
NGO
Contractor
or PD
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7.2 CLEARING OF THE ROW FROM STRUCTURES/ASSETS 143 Before clearing of the ROW, Payment of compensation for other losses such as the structures (houses, shops, etc.), assistance for restoration of houses, shops, income loss, etc., will be paid directly by the LAC of NHA for the proposed Project. The Resettlement Specialist will be hired by NHA for PIU to assist in the LARP implementation process. 144 The APs of affected structures/assets (houses) will be paid their due compensations at least one month (30 days) prior to demolition of the structures. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and re-establishment of businesses 145 In addition, the NHA will play an active leading role in:
a) Assuring that the amounts of money assessed and finally approved for b) compensation/ financial assistance are paid to the genuine APs, well in advance to:
• actual possession of land and/or clearing of ROW, and • Award of contracts for the civil works under this Project.
c) Hiring and managing NGO/Consultants for providing technical assistance in LARP implementation.
d) Making necessary arrangements and assuring active participation of all the concerned officials and field staff in the training courses on the Resettlement Policy and Practices and/or plan Implementation. They will include:
• LARU under Project Directorate (NHA); • Project NGOs/ Consultants
146 The NHA will hire a consultant for PIU to help in the implementation of LARP. The selection of consultant must be made with utmost care. The consultant must be familiar with the sensitivities of the rural culture and should be able to communicate in the Sindhi language. The person should have sufficient experience on resettlement planning and implementation issues.
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NATIONAL HGIHWAY AUTHORITY SUKKUR-JACOBABAD (N-65)
LARP Preparation-Implementation-Monitoring and Evaluation Schedule ARP Implementation Schedule
Year 2007 Year 2008 Year 2009
Oct Nov Dec Jan Feb Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
NHA/Consultants uired District Coordination sub- Officer/EDO/Respective
District/Revenue
PARATION
ed assets NHA/Consultants NHA/Consultants
n Consultants Revenue Department NHA/ADB
NHA/Consultants
NHA
e Revenue Department
Aggrieved Affectees/NHA
Revenue Department ps Revenue Department
NHA/ADB
assets Revenue Department
ADB/NHA
NHA
No
Act
ivity
Figure 7.2
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CHAPTER-8 GRIEVANCE REDRESSAL MECHANISM
8.0 GRIEVANCE REDRESSAL/RESOLUTION MECHANISM
147 During the implementation stage of the LARP, it is likely that affectees have some grievances. The AF/AP must have access to a grievance redressal/ resolution mechanism that can investigate charges of irregularities/ ambiguities and complaints received from the affectees and provide an early resolution. Thus a Grievance Redressal Committee (GRC) will be created and established at each District level at Sukkur, Shikarpur and Jacobabad, which will look into all the grievance cases. This GRC will be composed of the representatives of (i) BoR/LAC/Collector; (ii) NHA and (iii) the affectees’ representative.
148 Usually when the list of EPs and their entitlements is finalized by NHA, it will be forwarded to the Revenue Department/LAC. It is likely that there may still remain some EPs claims that require verification. Under such circumstances if required, the following proofs may be used to verify EPs status:
Copies of land titles, mortgage deeds, revenue receipt or other legal tender showing land ownership or tenancy,
In case of tenant-farmed or rented land, documentary evidence of the understanding between the landowner and the tenant (if any), if available,
Rent receipts in case of rented properties, Wage records in case of wage employment; and For proof of residence, voters’ lists or any other official membership records with
banks or cooperative societies, if available. 149 Wherever, necessary, GRC will review these records, along with the implementing agency and monitoring agency to verify the status in order to arrive at a decision.
150 The main objective of the grievance redressal procedure will be to provide a mechanism to mediate conflict and cut down on lengthy litigation, which often delays such infrastructure projects. It will also provide a forum of people who might have objections or concerns about their assistance and address these issues adequately. 151 NHA Deputy Director Site Office will nominate one Assistant Director (AD) as the member-secretary of the GRC and shall act as the Project’s Grievance Officer (PGO). He will review the case on merit and address the problem in accordance with the standing rules/procedures applicable to such grievances. In the event that PGO is unable to reach an agreement on asset valuation and compensation with the affected household/business, such cases will be referred to GRC. Further negotiations regarding compensation will be based on the recommendations of GRC. GRC will meet at least once every fortnight to review & consider the cases on merit and take a decision. This decision of GRC will be the final. The GRC will deliver its decision within two weeks of registration of the case. If no understanding or amicable solution can be reached, or if the affected person does not receive a response from the GRC within two weeks of the registry of the complaint, he/she can appeal to the Director NHA, through site office, who should act on the complaint/grievance within two weeks of the day of its filing. If the affected person (s) is not satisfied with the decision of the Director, then the difference will be settled through arbitration. The arbitrator shall be appointed in such a manner as may be agreed upon between the affected person (s) and NHA. The arbitrator must be a person of credibility, integrity and having command over law
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and he should posses’ decision making ability in accordance with facts, law and circumstances. He should be a person in whom both the parties have trust and should belong to the local area. The award made by the arbitrator shall be final in general. In case the grievance redressal is not possible up to the arbitration level then it can be referred to higher authorities / relevant Government departments for its resolution. As a last resort he / she may submit the complaint to a court of law. 152 Affected persons will be exempted from all administrative and legal fees incurred due to the grievance redress procedures. All complaints received in writing (or written when received verbally) will be documented. 8.1 COMPLAINTS AND GRIEVANCES 153 A grievance mechanism will be available to allow an AP appealing any disagreeable decision, practice or activity arising from land or other assets assessment, acquisition, compensation. APs will be fully informed of their rights and of the procedures for addressing complaints whether verbally or in writing during consultation, assessment survey, and time of compensation. Care will always be taken to prevent grievances rather than going through a redress process. This can be obtained through careful LAR design and implementation, by ensuring full participation and consultation with the APs, and by establishing extensive communication and coordination between the community, the PMU, the LAC and local governments in general. 8.2 DISBURSEMENT OF FUNDS 154 As finances will move differently for (i) land and (ii) other items compensation or rehabilitation (in the first case funds will move from NHA through the District Coordination Officer/Collector Office to the APs, while in the second case funds will be disbursed directly from NHA to the APs), Consequently two different services will be involved in disbursement of funds i.e. Land Acquisition and Resettlement Unit (LARU)/LAC and NHA. Complaint & Grievances will be addressed through 2 different processes as described in Table 8.1.
TABLE 8.1: GRIEVANCE RESOLUTION PROCESS
Land/crops compensation issues Project/other items compensation issues1. First, complaints resolution will be attempted at village level through the involvement of the LARU, NGO and informal mediators.
1. First, complaints resolution will be attempted at village level through the involvement of the LARU, NGO and informal mediators.
2. If still unsettled, a grievance can then be lodged to the LAC who has 30 days to decide on the case.
2. If still unsettled, a grievance can be lodged to the PIU/LARU, which will have 30 days to respond.
3. If no solution was reached a grievance can be lodged with support of the LCC to the PMU. The AP must lodge the complaint within 1 month of lodging the original complaint with the LAC and must produce documents supporting his/her claim. The PMU will provide the decision within 21 days of registering the complaint. The PMU decision must be in compliance with this LARF provisions.
3. If no solution was reached a grievance can be lodged with support of the LCC to the PMU. The AP must lodge the complaint within 1 month of lodging the original complaint with the LAC and must produce documents supporting his/her claim. The PMU will provide the decision within 21 days of registering the complaint. The PMU decision must be in compliance with this LARF provisions.
4. Should the grievance redress system fail to satisfy the AP, they can further submit their case to the appropriate court of law as per the process set out in Sections 18 to 22 of the LAA (1894).
4. Should the grievance redress system fail to satisfy the AP, they can further submit their case to the appropriate court of law as per the process set out in Sections 18 to 22 of the LAA (1894).
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CHAPTER-9 RESETTLEMENTS BUDGETS & FINANCING
9.0 GENERAL 155 This section gives the indicative compensation costs estimates for the land acquisition building structures and rehabilitation of the affectees. The basis of the costs estimation are the consultation with the affectees and prevailing rates for the land/ assessments made in the last one year and consultation with the market rates. Efforts were made to work out realistic cost estimates/values that are applicable for a fair compensation to the affectees. For this reason, concerned Government departments building, forest, agriculture were consulted and subsequently market surveys were carried out in order to evaluate and apply unit rates based on the ground realities. Land cost has been asset on the each village level located on the RoW. However, these costs are indicative and presently applicable and will be reviewed and/or by the committees constituted for such purposes as the land valuation committees in respective districts LAC. 9.1 COMPONENTS OF THE COST ESTIMATES 156 All the land and land based assets/structures falling in the active right of way have been identified and listed. Any house structures, building partly being affected will be compensated accordingly as per entitlement matrix. In case the affected part of the building structure is substantial and becomes of no use to the owner then it will to be compensated on full. In addition to this resettlement and rehabilitation costs for the affectees and costs of private, community assets is estimated 9.2 COMPENSATION COSTS (CC) 157 Compensation costs (CC) includes the cost of land, building structures/houses and commercial structures, community assets, government building structure, forest and fruit trees, crops, transitional period assistance and shifting charges for the affectees/falling in the RoW. 9.2.1 Land acquisition costs
158 Land acquisition costs based on market values are detailed in table 9.1 below.
Table 9.1 - Summary of Affected Land and Costs
Road Section
Land in Acres*
Land Value (Average Estimated) per Acre
Rs.) **
Cost of Land Cost of Land (Rs. millions)
Shikarpur Bypass 30 300,000 9,000,000 9
9.2.2 Houses and Structures
159 This data has been collected through physical measurements conducted in the field in the presence of the owner/representative of each building structures and houses. These building structures and houses comprise (i) Pucca, (ii) Semi Pucca and (iii) Kacha existing in the RoW. Various categories of these houses/shops/ industrial units & community assets existing in each affected area were quantified along with the estimated costs.
160. There are 10 houses existing in the RoW of various dimensions. Total area of these 10 houses is 7934 sqft (737 sqm) for which the compensation cost is amounting to Rs. 5.95
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million. The houses losing up to 20% of their surface are compensated only for the affected area. Detail given in Table 9.2
Table 9.2 - Summary of Affected Houses and Costs
Pucca Houses(@ Rs 750/sft)
(Area (Sq ft) and Cost)
Total No Total Cost Total Cost
(million)
Total 7,934 x750 10 5,950,500
5.95
161 There are also 31 commercial structures affected by the RoW. Of these 18 are fully affected and will be fully compensated while 10 are affected more than >20% and all will be compensated fully excluding 3 kiosks which are entitled only for shifting charges, disturbance allowance and self relocation allowance. All structures are Pucca. There is no kacha or sami Pucca structure. Total area of these 28 structures is 5,763 sft (535 smt). The total cost for these commercial buildings losses is Rs. 152.3 million. Detail is given in Table 9.5.
Table 9.3 - Summary of Affected Commercial structure and Costs
Pucca Structures (@ Rs750/sft)
No. Area(Sft) and Cost
Total No Total Cost Total Cost
(million)
Total 5,763 x750 28 4,322,250
4.32
9.2.3 Allowance for loss of space use (squatters) 162 The AFs losing houses or commercial structures are encroachers so an allowance for loss of land space use equal to 1 year income will be provided to them. This allowance is given to the owners of 8 houses and 28 commercial structures but not to the owners of 2 houses and 3 kiosks who are not going to be displaced. Total cost of loss of space use loss allowance is 2.89 million.
Table 9.4 - Summary of Allowance for loss of land space use Allownce No of
Structure Estimated income Cost Cost (Rs.
millions) Special Allowance 36 36x6,500 x 12 2,808,000 2.808
9.2.4 Community buildings/Public structures 163 There is 3 community structure affected by the project execution. The community structures situated along the road are all at a safe distance. Eid Gah, Union Council, Police Station and Oil Mill. These all structure have no severe impact and only boundary wall of these structures are going to be affected.
9.5- Summary of Affected Community/Public Structures and Costs Sr.No Structures Area
9.2.5 Business Losses 164 The Following business losses have been estimated based on the income and period of business interruption (6 months for business re-establishment for permanent impacts and 3 months for temporary impacts as those suffered by the kiosks). See details in table 9.6 please note that the Oil mill will not suffer any income loss as it will remain operative without interruption. The businesses are all self-managed and no employee compensation is needed. Total amount of business loss is 1.1 million.
9.2.6 Tree losses 165 Affected Trees 1,082 losses amount to Rs. 1.884 million as detailed below in Table 9.7. For fruit trees (Nos. 13,295) 1.884 million will be provided as compensation.
Table 9.7 - Impact on Trees and Costs No. of Trees Total Cost (RP) Total Cost (Million Rs.)
1,082 1,884,610 1.884
9.2.7 Crops Compensation 166 Crop compensation is provided to make compensation for 1- year crop loss at different rates according to the prime cropping pattern of the area. Rs 2.01 million will be distributed among farmers as crop loss.
Table 9.8 - Standard Crop Compensation for Affected People Package Cropping Pattern Affected Land
(Acres) Net Income (Rs. x
Acre) Total (Rs million)
1 Gross Crop Compensation
30 1,342,500 1.34
2 Net Crop Compensation
30 671,250 0.67
Total 2,013,750 2.01
9.2.8 Relocation Allowance 167 The AF who will have to relocate will receive a rehabilitation/relocation allowance of RS. 20,000 covering transport costs and livelihood costs during the transitional period. As the AF to be relocated are 36 (28 shops commercial and 8 houses) the total budget for this provision amounts to Rs. 700,000/- (0.07 million). 2 houses affected less than 20% and the kisosks which will be rebuild in the same site as before are not included.
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Table 9.9 Relocation Allowance (Transitional Period livelihood and transport)
Entitlements house Shops GRAND TOTAL Rs. in Million
8 28 Livelihood Charges 8x15,000
=120,000 28x15,000 =420,000 540,000 0.54
Transportation/Relocation Allowance
8x5,000 =40,000
28x5,000 =140,000 180,000
0.18
Total 160,000 560,000 720,000 0.72 9.2.9 Severe impacts allowances 168 Project severe impacts would be on land and the AF suffering sever losses are 51. The allowance for severe impacts will amount to 30 acres and to 1.34 million RPs which will be given in shape of crop compensation in Table 9.10. Table 9.10 Additional Crop Compensation for Severely Affected People
Cropping Pattern Affected Land (Acres) Net Income (Rs. x Acre) Total (Rs million) 1 Wheat + Rice 30 1,342,500 1.34
Total 1,342,500 1.34
9.3 MONITORING AND EVALUATION 169 Monitoring and evaluation of the LARP implementation process is required for this purpose a sum of Rs. 0.32 million is provided in the budget which is 1% of the total cost. 9.4 ADMINISTRATION COST 170 Administration cost for the implementation of LARP is also required and provided in the budget amounting 5% of the total cost i.e. 1.62 million. 9.5 CONTINGENCIES 171 Contingencies cost @ 10% has been added to cover various unforeseen/ contingencies expenditure for LARP implementation which amounts to Rs. 3.43 million. These costs would also included escalation likely to occur during implementation stage due to rapid changing in oil price cost, having over all inflammatory trends which is observed in recent past. 9.6 TAXES 172 There is not any taxable item in compensatory package as such no tax either from federal or provincial government is applicable. 9.7 BUDGET ESTIMATES 173 The total estimated requirement of funds for Compensation payments,
rehabilitation, and mitigation measures purposes amounts to Rs. 37.71 million is given in Table 9.11. With these financial provisions satisfaction of the project affectees is ensured and the grievances will be minimized.
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Table 9.11: Summary of Costs Unit/Rate Total Cost Description Quantity Unit
(Rs.) (Rs.) Rs.
(Million) %
1 Land Acquisition Costs 30 Acre 300,000 9,000,000 9.00 23.86
2 House Structures 10 Sq.ft Various 5,950,500 5.95 15.78
3 Commercial Structures 28 Sq.ft Various 4,322,250 4.32 11.46
4 Allowance for Loss of Land Space Use 36 Rs. Various 2,808,000 2.81 7.45
5 Community Building 3 Rs. 944 2,851,720 2.85 7.56
10.0 LARP MONITORING AND EVALUATION AND REPORTING PLAN 10.1 GENERAL 174 This chapter covers the briefs on the types of the monitoring, responsible entities, terms of reference (TOR) of the monitoring service provider, indicators for external monitoring and evaluation and reporting activities. 10.2 MONITORING AND EVALUATION 175 Monitoring and evaluation is an important tool for the managers to determine the status of the Project. Only through a well planned and organized system of monitoring and evaluation, the progress against the given targets for various components of a development project can be achieved. Such evaluation is possible through the review of monthly, quarterly and annual reports. 176 The purpose of LARP monitoring is to verify that:
Actions and commitments described in the LARP are implemented fully and on time,
Eligible affected people receive their full compensation entitlements within agreed timeframe,
LARP actions and compensation measures are effective in sustainable enhancing (or at least restoring) affected people’s living standards and income levels,
Complaints and grievances lodged by Project affected people are followed up and that where necessary, appropriate corrective actions are taken up and implemented, and
If necessary, changes in LARP procedure are made to improve delivery of entitlements to Project affected people.
177 Two types of monitoring and evaluation processes are involved in this project i.e. internal and external monitoring. Internal monitoring includes performance monitoring, whereas external monitoring includes impact monitoring and completion report. 10.3 LARP MONITORING 178 ADB as the funding institution requires the proper monitoring of implementation of LARP and report on its effectiveness, including the physical progress of rehabilitation activities, the disbursement of compensation, the effectiveness of public consultation and participation activities, and the sustainability of income restoration and development efforts among affected communities. The objective of monitoring is to provide with the feedback on LARP implementation and to identify problems and successes as early as possible to allow timely adjustment of implementation arrangements. For these reasons, LARP monitoring activities are being adequately funded, implemented by qualified specialists, and integrated into the overall project management process. 179 LARP Monitoring is a critical activity in the involuntary resettlement. Monitoring involves periodic checking to ascertain whether activities are progressing as per schedule while evaluation is essentially a summing up, at the end of the project, assessment of the actual achievement in comparison to those aimed at during the implementation. LARP implementation will be monitored both internally and externally.
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180 NHA is responsible for internal monitoring through its field level offices and will prepare monthly reports on the progress of LARP implementation. In addition, a Resettlement Specialist will be engaged to provide necessary technical assistance and monitor the LARP implementation and will report on quarterly basis on the progress of resettlement/rehabilitation activities. 10.4 INTERNAL MONITORING 181 The indicators and benchmarks for achievement of the objectives under LARP are categorized as follows:
i. Process indicators, which include project inputs, expenditures, staff deployments
etc.; i. Output indicators are results in terms of numbers of affected persons
compensated and mitigated, incomes restored, additional assistance provided etc; and
ii. Impact indicators related to the long-term effects/benefits of the project on people’s lives in the project-affected area.
182 The first two types of indicators, related to process monitoring and immediate outputs and results will be monitored internally by NHA. This information will be collected from the project site and assimilated in the form of a monthly progress report to assess the progress and results of LARP implementation and adjust the work program, where necessary, in case of any delays or problems. Specific activities under LARP implementation that will be monitored are the following:
(i) Consultation with the AP’s and Information dissemination campaign to create awareness,
(ii) Compensation payments for affected structures- houses, shops, businesses etc., (iii) Status of compensation disbursement for house/shop rentals (if any), (iv) Progress of Community Development Activities/community structures restoration/
relocation, (v) Progress of liaison with construction contractor for employment opportunities for
APs, (vi) Payments for loss of income; and (vii) Income restoration activities.
183 The PMU in Sukkur will be responsible for monitoring the day-to-day rehabilitation resettlement/activities of the Project. A performance data sheet will be developed to monitor the project at the field level. Monthly progress reports will be prepared by the NHA field office. 10.5 EXTERNAL MONITORING 184 As mentioned earlier, resettlement consultants will be engaged to carry out the evaluation of the LARP implementation. A NGO working in the area and has its roots will be engaged for external monitoring. This organization will be involved in all process of payments and grievance redressel from start to end. The resettlement consultants will be selected by the NHA, with advice and concurrence of ADB on the Consultants selected. NHA has started the hiring process of consultant and it is a condition to finalize the monitoring consultant before construction work starting. NHA is listing down the different consultants on its panel and process of scrutiny of the consultant is started.
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185 The Resettlement Consultants will review the status of the LARP implementation in the light of the targets, budget and duration that had been laid down in the LARP. The key tasks during external monitoring include:
a) Review and verify internal monitoring reports prepared by NHA field office b) Identification and selection of impact indicators; c) Impact assessment through formal and informal surveys with the APs; d) Consultation with APs and Officials of NHA for preparing review report; and e) Assess the resettlement efficiency, effectiveness, impact and sustainability,
drawing lessons for future resettlement policy formulation and planning. 186 Monitoring will also pay close attention to the status of project affected vulnerable groups such as female-headed households and economically backwards families (i.e. below poverty line). The following will be the basis for indicators in monitoring and evaluation of the project:
a) Socioeconomic conditions of the APs in the post-resettlement/ rehabilitation
period; b) Communications and reactions from APs on entitlements, compensation. c) Changes in housing/ business restoration and income levels; d) Grievance procedures; its recording, reporting and processing time and its
redressal. e) Progress of Community Development Schemes f) Disbursement of Compensation; and g) Level of satisfaction of APs in the post resettlement period.
187 External consultants will carry out a final evaluation / closures report at the end of the project as per implementation schedule given in Fig.7.2. 10.6 REPORTING REQUIREMENTS 188 The NHA is responsible for supervision and implementation of LARP and will prepare monthly progress reports on resettlement/rehabilitation activities and submit to the Asian Development Bank (ADB) for review. NHA apex offices (PMU), will also monitor LARP implementation and prepare and send these reports to the Donor agency. The Resettlement Consultants will prepare and submit a brief mid-term Report to NHA and determine whether or not resettlement/rehabilitation/business restoration goals have been achieved. A completion report will be prepared at the end of the project covering the progress of work and achievements against the planned targets and lessons learnt at the end of the project completion. 10.7 TERMS OF REFERENCE (TOR) FOR THE EXTERNAL MONITORING
SERVICE PROVIDER 189 Activities that will be undertaken by the external monitoring and evaluation consultants for which a TOR is given below, which is subject to the concurrence of ADB.
Review of internal monitoring procedures and reporting to ascertain whether these are being undertaken in compliance with the LARP,
Review internal monitoring records as a basis for identifying any areas of non- compliance, any recurrent problems or potentially disadvantaged groups or households,
Review grievance records for evidence of significant non-compliance or recurrent poor performance in resettlement implementation,
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Discussions with the relevant Government Departments and others involved in acquisition, compensation disbursement or livelihood restoration to review progress and identify critical issues,
Survey affected households and enterprises to gauge the extent to which Project affected people’s standard of living and livelihood have been restored or enhanced as a result of the Project,
Ascertain the status of the Project in relation to the objectives laid out in the LARP,
Ascertain the methods and approach developed to collect the Project related information,
Details of the methodology, census surveys data, sampling frames, arrangements made to collect and analyze that data, evaluate the quality control systems, recording and reporting systems adopted during the Project implementation and periodic reporting,
Evaluate the level of interaction and participation of the stakeholders and specially the affected persons or their organization in the monitoring and evaluation process,
Workout the resource requirements and type of expertise and the level of input and output of such expertise involved in the resettlement process,
Develop, advise and specify on the timeframe fixed for conduction of monitoring and evaluation, also prepare schedule of activities for monitoring and evaluation process,
Prepare a summary compliance report for EA on resettlement progress, any issues arising and any necessary corrective actions.
10.8 PARTICIPATION OF AFFECTED PERSONS IN MONITORING, REVIEW AND
EVALUATION PROCESS 190 Representative from the Project Affected Persons (PAPs) will also be involved in monitoring and evaluation process. This type of involvement and interaction with the PAP will help in improving the performance of the resettlement/rehabilitation programme and give confidence to the affectees that their problems are being taken care by the executing agency. This will also help in improving the design and evaluation of the program for the PAPs. This will be a bottom up approach and ensure the sustainability of the Project resettlement/rehabilitation process. 10.9 DATA ANALYSIS 191 Considerable data will become available as a result of continued social, resettlement and environmental monitoring of the Project. This data will be analysed and assessed to determine the extent to which the end results envisaged in the planning stage are being attained. This will require proper evaluation, as appropriate, by the Monitoring and Evaluation experts and any Independent Organization assigned to carryout these studies. In the event that satisfactory results are not attained by Project resettlement/rehabilitation activities, the shortfalls will be identified and properly analyzed, remedial measures will be recommended and implemented through the project or other relevant department/ organization. 10.10 EVALUATION AND REPORTING 192 Resettlement/Rehabilitation actions will be monitored and evaluated through internal monitoring and by an Independent Organization for external monitoring on regular basis. An evaluation of resettlement actions will be included in the Monthly Internal Monitoring Reports (IMR) which will be submitted to External Monitors, who with their own assessment will submit quarterly reports to NHA. Additionally, in the event of a problem
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occurring in resettlement/ rehabilitation activities, as perceived by the monitoring teams, a Special Resettlement Monitoring Report (SRMR) will be prepared and sent to the concerned quarters for immediate action. In the event that major problems slip through this safety net, however, the monitoring process will pick them up and bring them to the attention of the NHA/LAC and other appropriate authorities. 193 A formal midterm evaluation of the Project will be carried out in the middle of the project i.e. by early fourth quarter 2007 to assess the implementation of the resettlement activities and to ascertain if the PAPs have been able to successfully restore the standards of living. 10.11 LESSONS LEARNT 194 Resettlement and Rehabilitation programs are an important aspect of this project. This project is also serving as learning seat for planning and implementation of such projects within the country. During the implementation of LARP, it is likely that some observations may indicate some aspects which will be unique in its own way for which project specific mitigation measure are adopted. These would provide scientific base and guidance for planning and implementation of similar projects. Lesson learnt from this projects are essential will be documented and published, for use of the project managers, experts, specialists, academicians and students. It will hence be important to evaluate this project and keep a track of the developments and experiences gained during the implementation of the project. Mostly the land acquisition and resettlement plans as envisaged under LARP will gain more importance as these are addressing the problems of the affectees and precisely focused towards mitigating the adverse affects of the implementation of the project. Consequently evaluation of the LARP implementation will provide immense guidance for future projects involving resettlement related issues.
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Annexure 1
SUMMARY OF PUBLIC CONSULTATION MEETINGS Public meetings were held with the view to disseminate information about the ‘Entitlement Package’ designed for the Project Affectees (PAs) and solicit their viewpoints to refine this package. Table presents details about the date, time, venue of public meetings and participants from different Project affected villages. Table: Public Disclosure Meetings for LARP Entitlement Matrix
No. Date Time Location Participants 1 13th June
2006 03:00 pm Project introduction
suggestion of stakeholders12
2 13th June 2006
05:00 pm Project introduction dis- cussion on compensation package with affectees
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3 13th June 2006
10:30 am Project introduction suggestions regarding road safety
10
4 13th June 2006
03:00 pm Project introduction compensation package with affectees
18
5 13th June 2006
03:00 pm Project introduction compensation package with affectees
9
6 13th June 2006
03:00 pm Project introduction compensation package with affectees
9
7 13th June 2006
03:00 pm Project introduction compensation package with affectees
9
After dissemination of LARP Entitlement Matrix (contained in the brochure attached herewith), the following common issues were discussed in the form of question and answer session (including comments, suggestions of the PAs) in all the affected villages. Question-1 Will there be any accessibility to our cultural places (graveyard, shrine etc.)? Answer The culturally important sites will be provided access and this factor has been
well considered in the design. Question-2 What will be the alternative to our kacha tracks (unpaved roads)? Answer The only alternative to kacha tracks will be underpasses, which will be
provided at appropriate location in relevance to existing tracks/routes to facilitate communication.
Question-3 What will be the limit of construction work? Answer All the construction work will be confined within the proposed Right of Way
(RoW). Question-4 What will be the criteria for compensation to those having joint ownership of
the agricultural land? Answer Payment will be made as per Land Revenue Record. This record is being
updated in consultation with the affectees of the Project Area. However, final payment will be made after detailed measurements of the affected land and the updated record of ownership by the Land Revenue Department.
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Question-5 What will be the time for payment of compensation? Answer All the payment will be made prior to commencement of construction work. Question-6 Is there any provision for ‘Land for Land’ compensation? Answer No. Land for Land compensation is not feasible due to its long strip extending
into different areas. Question-7 What will be the compensation for loss of trees? Answer The compensation for fruit trees will be made on scientific basis considering a
number of factors such as type, age, production per year etc. For non-fruit trees, compensation will be made according to market value based on volume of wood produced by these trees.
Question-8 What will be the arrangement for return of loan received from the banks for
agricultural purposes? Answer No such provision has been made in the compensation package. This matter
will be resolved between both the parties i.e. banks and borrowers. Question-9 What will be the compensation for loss of houses and tube wells? Answer Cash compensation will be made at replacement rates for affected structures
and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts, full cash assistance will be made to restore the remaining structures.
Question-10 The proposed Highway will be fenced on both sides, which will hamper
movement across it. What alternatives have you proposed to deal with this issue?
Answer The interchanges will be provided at required places such as populated
centers. Underpasses will also be provided at the routes providing common access to a number of villages.
Question-11 Will compensation be made to those having houses on government land? Answer Yes, such people will also be compensated as per entitlements proposed in
the Package for the house structures only. Question-12 The Land Revenue Record is not updated. How can payment be made on the
basis of this record? Answer The Land Revenue Record is being updated in consultation with the proposed
Project Affectees. Question-13 What will be the source of borrow materials for construction? Answer Borrow materials will be taken from such areas where there is an agreement
with the land owners for the purchase or lease of such lands. Final locations will be decided by the Contractors in consultation with the Construction Supervision Consultant. However, these areas will be located away from the features such as roads, buildings, watercourses etc. Necessary mitigation measures will be taken to reduce air, noise pollution.
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Question-14 Who to contact to get further details about the proposed Project? Answer NHA office in Sukkur can be approached for further queries about the
proposed Project. It is expected to establish a help line to provide information for telephonic enquiries.
Question-15 The house is located at the edge of the RoW but the courtyard/structures for
animals lie just inside the RoW. What will happen in this case? Answer Since courtyard with its structures is a part of the house, cash compensation
for the affected land will be made at full replacement cost, which is free from taxes, registration and transfer costs.
Question-16 What will be the criteria of payment for different types of land? Answer Cash compensation will be made depending upon the market values of
different types of land. In case of agricultural land, extra 15 per cent will be paid for compulsory land acquisition. For residential and commercial lands, payment will be made at full replacement cost. All these costs will be free of taxes, registration and transfer costs.
Question-17 What policy will be adopted for standing crops? Answer In this case, severe impact allowance equal to net market values of forest of
the affected land will be paid for 1 year crops (one rabi & one kharif crop) in addition to standard crop compensation for loss of houses.
Question-18 What will be done for infrastructures like tracks, water courses, canals etc? Answer All the important infrastructures will be restored by providing culverts, bridges,
flyovers & underpasses. Question-19 How farmers can check that their land house and other inventories are rightly
mentioned in the record? Answer When the list of inventory will be finalized and draft report will be compiled it
will be displayed at nominated places like District Coordination Officer (DCO) office, District Nazim Office public libraries and copies will be given to public representatives. These people can check their inventories and in case of any problem/variation they can give application to Grievance Redressal Committee (GRC) in their respective areas.
Question-20 Will the farmers be compensated for all their assets? Answer Farmers will be paid compensation for all their assets including trees, houses,
tube wells, hand pumps etc. Question-21 In case of disputes among shareholders of a property, how the costs will be
paid? Answer In case of disputes among shareholders the payment will be deposited in the
court of law as and when the decision is made it will be paid by the court accordingly.
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Question-22 Will the service road be provided along the motorway? Answer Yes, service road will be provided on both sides of the road Question-23 Will the tenants be paid for their losses? Answer Yes the tenants will also be paid for their assets.
• In case of agricultural land, cash compensation will be paid which will be equivalent to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years). In addition, severe impact allowance, equivalent to net market value of harvest of the affected land will be paid for 1 year crops (one winter crop & one summer crop) along with standard crop compensation.
• For residential/commercial lands, 3 months allowance will be paid. • For houses/structures, cash compensation will be made at replacement
rates for affected structures & other assets. It will be free of salvageable materials depreciation & transaction costs. In case of potable impacts, full cash assistance will be given to restore remaining structures.
• Cash compensation will be made for loss of trees at income replacement. Question-24 Will Cash Compensation be made in full or through installments? Answer The payment for each asset to be lost within the proposed RoW will be made
in full/lump sum. Question-25 The land is owned by some one but occupied by some other person. Who will
be paid compensation? Jobs should be provided to local people. Answer Compensation for the land will be paid to the owner; however occupant/
tenant would be paid compensation for one year crop. During the construction phase, preference will be given to local people for jobs in all categories such as skilled, semi-skilled, labour etc. This action would be done in collaboration with the construction contractors.
Question-26 In some cases, assets have been reported by other people (not owners) who
may be wrongly interpreted. Answer All the assets to be lost will be quantified, measured and evaluated by the
respective departments (Buildings Department, Forest Department, Agriculture Department and Revenue Department) for payment of compensation.
Question-26 There is discrepancy b/w actual price of the land & the one quoted in the
Land Revenue Record against land transaction. Howe will you determine land price for compensation.
Answer Compensation will be made at market value irrespective of what is mentioned
in the Land Revenue Record. Comment We are small landowners and our livelihood depends upon agriculture. We
should be given due compensation against loss of our assets so that we can rehabilitate/restore our livelihood. We are ready to cooperate for the implementation of the proposed Project.
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Annexure-2
GOVERNMENT OF PAKISTAN
NATIONAL HIGHWAY AUTHORITY
INFORMATION BROCHURE
SUKKUR – JACOBABAD (N-65)
MARCH 2006
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1. Introduction Sukkur-Shikarpur-Jacobabad road (N-65), is a step towards strengthening and expansion of the road network. N-65 is an important road, of the country that connects the province of Sindh with Balochistan. Proposed road project starts from Sukkur passes through Shikarpur and ends at Jacobabad Bypass. The various Project components include widening of the existing road from Sukkur to Jacobabad and construction of a new Bypass around Shikarpur City. After the completion of the Project, existing two lane road passing through the city will be replaced by a 14.6 metre wide four lane dual bypass.
For proposed widening of the road, land based infrastructure falling in the right of way (RoW) needs to be acquired. Owners of these land and land based assets are project affectees.For judicious compensation to all affectees are enumerated along with their immovable assets, quantified, assessed and compensated through an institutional arrangement in accordance with the Resettlement Policy of Government of Pakistan. 2. Land Acquisition and Resettlement Plan (LARP) The main policy objectives under Land Acquisition and Resettlement Plan (LARP) has been developed are to minimize involuntary resettlement to ensure that the persons to be displaced have their former living standards and income earning capacity improved or at least restored to original position. One of the main impacts of the project will be arising due to the acquisition of land. The project is committed to providing entitlement to persons who loose their land and other property/businesses. The provisions of law that apply to such situation will be followed. All the development projects including the resettlement components have to take into consideration the compensation aspects. Currently Land Acquisition Act of 1894 and Resettlement Ordinance 1999 facilitate the Provincial Governments and the Project Implementation Agencies (PIA’s) to frame rules and regulations for the development projects requirements including compensation of the Project affectees’ assets. This has been supplemented through development of the Land Acquisition and Resettlement Framework (LARF) prepared by NHA and duly approved by Asian Development Bank (ADB). 3. Entitlement Matrix Based on the analysis of the impact of the project and eligibility policies, an entitlement matrix has been developed based on the categories of affected persons according to losses and their entitlement benefits. The matrix proposes eligibility and payments for all kinds of losses (e.g., land, housing/building structures, businesses, and other income sources, temporary loss of income, displacement and shifting costs). It sets standards for compensation. 4. ADB Resettlement Policy Resettlement Policy of ADB which is being followed for this project is given as below:
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ADB Resettlement Policy ADB Involuntary Resettlement Policy Lack of title should not be a bar to compensation and/or rehabilitation, and non-title-holders are to be rehabilitated. Crop compensation are provided to landowners and sharecrop/lease tenants according to their shares whether they are registered or not Tree losses are compensated according to actual worth of affected trees based on market rates. Land valuation is to be based on current replacement (market) value. Valuation of built-up structures is based on current market value/cost of new construction of the structure Complaints and grievances are resolved informally through community participation in the Grievance Redress Committees (GRC), local governments, NGO and/or local-level community based organizations Information related to quantification and costing of land, structures and other assets, entitlements, and amounts of compensation and financial assistance are to be disclosed to the affected persons prior to project appraisal. ADB policy requires rehabilitation for income/livelihood, for severe losses, and for expenses incurred by the APs during the relocation process.
5. Compensation Eligibility and Entitlements for the Project Various Land Acquisition and Resettlement tasks under the Project will be implemented according to a compensation eligibility and entitlements framework in line with both Pakistan’s law/ regulation and ADB Policy. A summary of entitlements matrix is included in Table 1 as below.
Entitlements Matrix Asset Specification Affected People Compensation Entitlements
Farmer/Titleholder
• Cash compensation for affected land at replacement cost based on market value plus a 15% Compulsory Land acquisition surcharge and free of taxes, registration, and transfer costs
Leaseholder/tenant (registered or not)
• Cash equivalent to market value of gross yield of affected land for the remaining lease years (up to a maximum of 3 years).
Sharecroppers (registered or not)
• cash compensation equal to market value of lost harvest to be shared with landowner based on the sharecropping contract
Agricultural workers losing contracts
• Cash indemnity corresponding to their salary (including portions in kind) for the remaining part of the contract.
All land losses independently from impact severity
Squatters • 1 rehabilitation allowance equal to net market value of 1 harvest in addition to standard crop compensation) for land use loss.
Farmer/Titleholder Leaseholder
• 1 severe impact allowance equal to net income from a 1 year harvest (iwinter and summer crop) additional to standard crop compensation.
Permanent impact on Arable Land
Additional provisions for severe impacts (More than 10% of land loss)
Sharecroppers (registered or not)
• 1 severe impact allowance equal to market value of share of harvest lost (additional to standard crop compensation)
Squatters • 1 severe impact allowance equal to net value of harvest of the affected land for one year (inclusive of winter and summer crop and additional to standard crop compensation)
Titleholder • cash compensation for affected land at full replacement cost free of taxes, registration, and transfer costs
Renter/Leaseholder • Three months allowance
Residential/ Commercial Land
Squatters • Accommodation in a government resettlement area or self-
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Asset Specification Affected People Compensation Entitlements relocation allowance: a) provision of a plot property in public resettlement area; b) provision of a plot leased in a public resettlement area; and c. provision of a loss of land use space covering1 year of livelihood.
Building and Structures
All APs (including squatters)
• Cash compensation at replacement rates for affected structure and other fixed assets free of salvageable materials, depreciation and transaction costs. In case of partial impacts full cash assistance to restore remaining structure.
Crops Crops affected All APs (also squatters • Crop compensation in cash at full market rate for 1 year harvest (inclusive of winter and summer crop) by default.
Trees Trees affected All APs (also squatters)
• Cash compensation at income replacement.
Business/ Employment
Temporary or permanent loss of business or employment
All APs (also squatters)
• Business owner: (i) Cash compensation equal to 6 months income, if loss permanent; (ii) cash compensation for the business interruption period up to 6 months, if loss temporary.
• Worker/employees: Indemnity for lost wages up to 6 months. Relocation Transport/transition
livelihood costs All APs so affected (including squatters)
• Provision of a relocation allowance of (Rs.20,000) covering transport costs (Rs. 5,000)and a livelihood allowance of Rs. 15,000 covering livelihood costs.
Communal assets
• Rehabilitation/substitution of the affected structures/utilities
Vulnerable AP
AP under poverty line • One special allowance of Rs. 6,500 • Employment priority in project-related jobs.
6. Eligibility APs entitled for compensation or at least rehabilitation provisions under the Project are:
All APs losing land either with legal title/traditional land rights or without legal status; Tenants and sharecroppers whether registered or not; Owners of buildings, crops, plants, or other objects attached to the land; and APs losing business, income, and salaries.
Compensation eligibility will be limited by a cut-off date i.e. March 2006 to be set for each as the AP census and impact assessment date. APs who settle in the affected areas after the cut-off date will not be eligible for compensation. They, however will be given sufficient advance notice, requested to vacate premises and dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay any fine or sanction. Forced eviction will only be considered after all other efforts are exhausted. For Information: Please contact nearest NHA project site office. Phone: ___________
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Annexure 3 National Highway Authority
Sukkur - Jacobabad Road Project N-65 List of Commercial Infrastructure
Type of Affected Structure Sr.
No. Place
Mark No/ Left
Right Name of Affectees
Occupant Status
Business Entity Shop
Type of Construc-
tion
Affected Part/Portion
Main Structure
Measure- ment of Covered
Area
Affected Area (sft.)
%age of Affected
Area
Cost/ sq
feet
self Relocation Allowance
Special Allowance Total Cost
1 Jahan Khan Left Barket Ali Self G.Store Shop Kiosk Main 160 160 0 31 0 6,500 9,000.00
2 Jahan Khan Left Barket Ali Self G.Store Shop Kiosk Main 216 160 0 31 0 6,500 9,000.00
3 Jahan Khan Right Barqat Ali Self G.Store Shop Kiosk Main 286 286 0 17 0 6,500 9,000.00
4 Jahan Khan Right Barqat Ali Self G.Store Shop Pucca Main 286 286 100 500 60000 6,500 207,000.00
5 Lakhi Town Left Nazir Hussain Self Workshop Shop Pucca Main 156 144 100 500 60000 6,500 136,000.00
6 Lakhi Town Right M.Arif Mehar Self G.Stor Shop Pucca Main 91 91 100 500 60000 6,500 109,500.00
7 Lakhi Town Right M.Arif Mehar Self Book Shop Shop Pucca Main 140 140 100 500 60000 6,500 134,000.00
8 Lakhi Town Right M.Arif Mehar Self P.C.O Shop Pucca Main 140 140 100 500 60000 6,500 134,000.00
9 Lakhi Town Right Iyaz Ahmed Self Hotel Shop Pucca Main 90 90 100 500 60000 6,500 109,000.00
