Resettlement Action Plan - Asian Development Bank...Chandel, Ms. Rolly Sinha, Rakesh Roshan Sharma,...

FULL RESETTLEMENT PLAN

BISALPUR WATER SUPPLY PROJECT

RAJASTHAN URBAN INFRASTRUCTURE DEVELOPMENT PROJECT

(ADB LOAN NO. 1647-IND)

in

INDIA

URBAN DEVELOPMENT DEPARTMENT (UDD) GOVERNMENT OF RAJASTHAN

This d
report was prepared by the Borrower an
is not an ADB document.

February 2004

RESETTLEMENT PLAN BISALPUR WATER SUPPLY PROJECT

ACKNOWLEDGEMENT

The team for the present study related to RAP preparation for the Bisalpur Water Supply Project includes team leader Dr. Swarankar, Project Manager, Ambey Kumar Srivastava, Project Coordinator, Mukesh Kumar Maurya and many other Research Associates. Contribution in the collection of data from field by Shiv Raj Singh Chauhan, Ms. Neeta Chandel, Ms. Rolly Sinha, Rakesh Roshan Sharma, Pradeep Chaudhary and Prashant Sharma is placed on record. It is difficult to express feelings about the untiring work successfully completed by all the committed and experienced field investigators in the scorching summer of May and June 2003.

The help and cooperation extended by the officials of RUIDP, PHED, Revenue Department, GoR, local NGOs and people from the field deserve special mention. I express my gratitude to all of them. I am especially thankful to Mr. Robert D. Berlin who has extended all support from the initial stage to completion of this work.

Team Leader

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TABLE OF CONTENTS

Contents .................................................................................................. Page No. Acknowledgement ........................................................................................................i Table of Contents .......................................................................................................ii List of Tables .......................................................................................................v Glossary ......................................................................................................vi Abbreviations .....................................................................................................vii

Volume 1: Executive Summary 1 Introduction ................................................................................................1 2 Census and Socio-economic Surveys .......................................................3 3 Land Acquisition Requirements .................................................................5 4 Project Impacts and Mitigation Measures ..................................................6 5 Resettlement Plan......................................................................................8 6 Entitlement Matrix ....................................................................................14 Volume 2: Main Report Chapter I Bisalpur Water Supply Project............................................................... 1 1.1 Introduction ................................................................................................1 1.2 Project Design and Description..................................................................2 1.3 Project Components: BWSP Transmission System Works .......................3 1.4 Transfer and Distribution Systems .............................................................5 1.5 Bisalpur Dam and Reservoir ......................................................................6 1.6 Land Requirements for the Project ............................................................6 Chapter II Minimizing Land Acquisition and Resettlement ..................................8 2.1 Feasibility Study.........................................................................................8 2.2 Mitigation Efforts ........................................................................................8 Chapter III Resettlement Policies and Entitlement Framework ...........................10 3.1 Involuntary Resettlement Policy of the ADB ............................................10 3.2 Resettlement and Rehabilitation Policy of Rajasthan ..............................11 3.3 Land Acquisition Act, 1894.......................................................................13 3.4 Unit of Entitlement....................................................................................14 3.5 The Entitlement Matrix .............................................................................15 3.6 Project Impact and Entitlements ..............................................................18 3.7 Options and Choices................................................................................21 3.8 Delivering RP Entitlements ......................................................................24 Chapter IV Consultation and Participation ............................................................27 4.1 Introduction ..............................................................................................27 4.2 Identification of Stakeholders ...................................................................27 4.3 Public Consultations.................................................................................28 4.4 Community Based Organizations (CBOs)................................................30 4.5 Social Assessment...................................................................................30

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4.6 Mitigation Measures .................................................................................32 Chapter V Census and Socio-Economic Surveys ................................................34 5.1 Objectives ................................................................................................34 5.2 Methodology.............................................................................................35 5.3 Cut-off Date..............................................................................................36 5.4 Land and Asset Value Assessment .........................................................36 5.5 NGO Capacity Assessment .....................................................................36 5.6 Sources of Data .......................................................................................37 5.7 Methods of Data Collection ......................................................................37 5.8 The Study.................................................................................................37 5.9 Socio-economic Profile ............................................................................38 5.10 Project Affected Persons (PAPs) .............................................................39 5.11 Socio-demographic Characteristics .........................................................39 5.12 Development Schemes............................................................................46 5.13 Land Acquisition Requirements ...............................................................47 5.14 Common Property Resources..................................................................48 5.15 Private Land.............................................................................................48 5.16 Resettlement Options...............................................................................52 5.17 Land Leasing............................................................................................53 5.18 Drought ....................................................................................................53 5.19 Crops........................................................................................................54 5.20 Discrepancies...........................................................................................54 Chapter VI Income Restoration ...............................................................................56 6.1 Introduction ..............................................................................................56 6.2 Short term IR Activities.............................................................................58 6.3 Long term IR Activities .............................................................................59 6.4 Monitoring of IR schemes ........................................................................59 Chapter VII Institutional Arrangements ..................................................................60 7.1 Bisalpur Project Implementation Unit (BPIU) ...........................................60 7.2 Organizational Structure ..........................................................................61 7.3 R&R Coordination ....................................................................................62 7.4 NGO Capacity Assessment .....................................................................64 Chapter VIII Implementation Schedule .....................................................................68 8.1 RP Implementation...................................................................................68 8.2 Implementation Procedure .......................................................................68 8.3 RP Implementation Activity Schedule ......................................................69 8.4 Legal Proceedings for Land Acquisition...................................................70 8.5 Implementation Responsibility .................................................................70 Chapter IX Cost & Budget .......................................................................................73 9.1 Project Cost Estimates.............................................................................73 9.2 Land Acquisition and RP Cost Estimates.................................................74 9.3 Total Budget.............................................................................................78 Chapter X Grievance Redressal .............................................................................80 10.1 Introduction ..............................................................................................80 10.2 Land Ownership Disputes ........................................................................82 Chapter XI Monitoring and Evaluation ...................................................................85 11.1 Introduction ..............................................................................................85 11.2 Internal Monitoring ...................................................................................85 11.3 External Monitoring and Evaluation .........................................................85 11.4 Indicators..................................................................................................86 11.5 Terms of Reference for Monitoring and Evaluation..................................90

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Chapter-XII Resettlement Plan .................................................................................91 12.1 Introduction ..............................................................................................91 12.2 Key Effects ...............................................................................................92 12.3 Recommendations ...................................................................................93 Annexures Annexure I Bisalpur Water Supply Project Information 1 Introduction 2 Social Impact Assessment and Resettlement Action Plan- A study Annexure II Participants in Focused Group Discussions Annexure III Checklist of RAP Parameters Annexure IV Schedule for Census Survey Annexure V Schedule For Socio-Economic Survey Annexure VI Survey Dates Annexure VII Schedule for Market Value Assessment of Land & Asset Annexure VIII Schedule for NGO Assessment Annexure IX Village Profile Annexure X Migrated Khatedars (title holder PAHs not traceable) Annexure XI BWSP Identity Card

Annexure XII Gazette Notification

Annexure XIII Census and Socio-Economic Survey Photos

Annexure XIV Rajasthan Gazette Notification: February 6, 2003

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LIST OF TABLES Table 3.1 Entitlement Matrix Table 3.2 Detailed Project Entitlements Table 5.1 Socio Economic Indicators Table 5.2 Distribution of PAPs by Village Table 5.3 Socio Demographic Characteristics of PAPs Table 5.4 Family Type Table 5.5 Age Distribution Table 5.6 Marital Status Table 5.7 Education Level Table 5.8 Occupational Pattern Table 5.9 Type of Houses Table 5.10 Income and Expenditure Pattern Table 5.11 Asset Ownership Table 5.12 Agriculture Assets Table 5.13 Livestock Ownership Table 5.14 Cattle Shed Table 5.15 Source of Loan Table 5.16 Benefit of Schemes to Sample PAFs Table 5.17 Land Acquisition Requirements (in hectares) Table 5.18 Private Land under Acquisition by Village Table 5.19 Type of Land Parcels Table 5.20 Land Holding of Khatedar Table 5.21 Land Acquisition Compared with Total Land Holdings Table 5.22 Type of Effect Table 5.23 Resettlement Options Table 5.24 Land Leasing: In and Out Table 5.25 Crop Yields and Returns Table 7.1 Responsibilities of PIU Staff Table 7.2 Estimated Cost for capacity building of PIU staff Table 9.1 Bisalpur Water Supply Project Cost Estimates (in lacs) Table 9.2 BWSP-Budget sources estimates (in Lacs) Table 9.3 Cost of Land under Acquisition (in Rs.) Table 9.4 Cost of Structures under Acquisition Table 9.5 Trees Over the Land under Acquisition Table 9.6 Compensation Cost of Trees Table 9.7 Cost of Vocational Training Table 9.8 Budget Estimate for BWSP Resettlement Plan

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GLOSSARY

Abad Inhabited

Bagan Land with fruit bearing trees

Banjar Barren land not fit for cultivation, now under plough through technology

Barani Land without well may have two crops by transporting irrigation water

Chai Fertile land with water for irrigation

Gair Abad Un-inhabited

Gair Mumkin Chah Well

Gauchar Pasture land, the community property resources (CPRs) for grazing of cattle is owned by Gram Panchayat

Kharif Crop Crops cultivated during summer season

Khasara Unit of land measurement, and allotment of the same under different Khasara number for different purposes in the revenue village

Khatedar Title holder of the land

Kutcha house House structure made of mud with cement roofing

Mafi Mandir- Land allotted in the name of god/deity cultivated by the priest with the ownership rights to Rajasthan government Devasthan department.

Nahari Land irrigated from canal for crops

Patta Land title

Rabi crops Crops cultivated during winter season

Sivai Chak Land for pathways, hills, well, pond, gullies etc. in the village owned by Revenue Department, Government of Rajasthan

Sivai Chak Abadi Land meant for the settlement of population/households, community, school, hospital, and police station etc. buildings for the use of villagers

Talabi Land irrigated from dam for crops

Jamabandi Government land revenue record of total ownership land of khatedar.

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ABBREVIATIONS ADB Asian Development Bank AP Affected Persons BDO Block Development Officer BPIU Bisalpur Project Implementation Unit BPL Below Poverty Line BWSP Bisalpur Water Supply Project CBO Community Based Organization CPR Common Property Resources DOI Department of Irrigation DPEP District Primary Education Program DPIP District Poverty Intervention Program DRDA District Rural Development Agency EH Entitled Household EMAP Environmental Management Action Plan EWS Economically Weaker Section GoI Government of India GoR Government of Rajasthan IAY Indira Awas Yojana IP Indigenous Peoples IR Income Restoration IRDP Integrated Rural Development Program ISA Initial Social Assessment JBIC Japan Bank for International Cooperation LA Land Acquisition LAA Land Acquisition Act LIG Lower Income Group MCM Million Cubic Meters M&E Monitoring and Evaluation MLD Million Liters per Day MS Mild Steel NGO Non-Government Organization PAF Project Affected Family PAG Project Affected Group PAH Project Affected Household PAP Project Affected Person PDP Project Displaced Person PHED Public Health Engineering Department PIU Project Implementation Unit PMU Project Management Unit PRI Panchayat Raj Institution RP Resettlement Plan ROR Record of Rights

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RAJASTHAN URBAN INFRASTRUCTURE DEVELOPMENT PROJECT (PAGE VIII) (ADB LOAN NO. 1647-IND)

ROW Right of Way R&R Resettlement and Rehabilitation RUIDP Rajasthan Urban Infrastructure Development Project SC Scheduled Caste SDM Sub Divisional Magistrate SES Socio-Economic Survey SHG Self Help Group SJSRY Swarn Jayanti Gramin Rojgar Yojana ST Scheduled Tribe UDD Urban Development Department WTP Water Treatment Plant

BISALPUR WATER SUPPLY PROJECT RESETTLEMENT PLAN

RESETTLEMENT PLAN: VOLUME 1 EXECUTIVE SUMMARY

1 INTRODUCTION The proposed Bisalpur Water Supply Project (BWSP) is an essential component of the State of Rajasthan’s long term strategy to ensure a sustainable drinking water supply for Jaipur City1, the capital of Rajasthan. In order to help ensure successful completion of the proposed BWSP, the State of Rajasthan has requested the Asian Development Bank (ADB) to provide assistance for taking up the Bisalpur Water Supply Project, Transmission System Works, which will supply water from the Bisalpur reservoir up to the south edge of Jaipur City as a part of the ongoing Rajasthan Urban Infrastructure Development Project (RUIDP) (ADB Loan Number 1647-IND).

The BWSP has been designed to supply water to Jaipur city to reduce the city’s dependence on its severely constrained ground water resources. The work that is proposed to be taken up under the BWSP includes expansion of the existing pumping station at the headworks, construction of 8.4 km of raw water pipeline, construction of a new 400 mld water treatment plant, and construction of approximately 97 km of clear water pipeline, of which about 79 km is to be installed along an abandoned railway line, while about 18 km is to be routed across open land. Provisions have also been made under the project to supply potable water to the villages along the pipeline routing (see Map 1).

Conscious efforts to minimize displacement and to avoid, reduce or mitigate rehabilitation requirements and other adverse social impacts were focused in the project planning and detailed engineering. The locations which have been adopted for the new water treatment plant and the transmission mains are in accordance with the recommendations contained in the Jaipur water supply and sanitation feasibility study report which was prepared by Safege Consulting Engineers in 2000 with French Protocol assistance, and have been assessed to have the overall minimum environmental and social impacts. Land acquisition has been minimized to the maximum possible extent consistent with the economic feasibility of the system. Adequate provisions have been incorporated into the planning and design of the water supply system to minimize or mitigate any unavoidable minor impacts that are a result of the works.

In order to assist in evaluating the suitability of the proposed siting for the water treatment plant and pipeline routing from the Bisalpur dam headworks up to the Balawala clear water reservoir, this full Resettlement Plan (RP) has been prepared as a follow up to the Initial Social Assessment (ISA) which was conducted in December 2002.

This RP identifies the major social dimension issues and project impacts which are likely to be of significance, along with the potential adverse impacts and benefits which are likely to accrue as a result of the proposed works. An Entitlement Matrix, which will serve as a guide for compensating the affected persons, has been prepared, along with detailed recommendations for a comprehensive Resettlement Plan (RP). This RP has been prepared in accordance with the Asian Development Bank’s Policy / Indigenous Peoples Policy of, involuntary resettlement, draft R&R Policy of GoR, and LAA, 1894, of Government of India.

1 Jaipur City has a population of approximately 2.5 million and depends almost entirely on ground water resources for its potable water supply. The current rate of ground water abstraction is not sustainable, and the water table levels and water quality are both deteriorating at an alarming rate. It is reliably forecast that the ground water resources within many parts of Jaipur City will be exhausted in the near future unless appropriate measures are taken to augment the water supply and significantly reduce the rate of ground water abstraction.

RAJASTHAN URBAN INFRASTRUCTURE DEVELOPMENT PROJECT (PAGE 1) (ADB LOAN NO. 1647—IND)



HEAR consultants, in close collaboration with RUIDP and PHED, conducted a detailed social assessment to identify all project affected persons (PAPs) and prepare a comprehensive resettlement plan which will form the basis for determining compensation payments and other entitlements for involuntary land acquisition under the BWSP. It is based upon a study of available reports and documents, discussions with PHED and RUIDP personnel who have been involved in the planning and design of the facilities, and site visits and surveys with people conducted during the periods between October to December, 2002, and May to June, 2003.

Nevertheless, this RP is based on the preliminary designs, and more detailed information on the number of affected people/households together with their entitlements will be included in the RP after detailed design and during implementation.

2 CENSUS AND SOCIO-ECONOMIC SURVEYS

The project area covers eight villages in Todaraising and Malpura Tehsils of Tonk District, Rajasthan, which lie to the south west of Jaipur City. The consultants conducted a 100% census survey for all properties which are proposed to be acquired under the BWSP to enumerate the Project Affected Families (PAFs) and physically verified the acquisition requirements, while a sample socio-economic survey was carried out with a 20% sample of the Project Affected Persons (PAPs) to determine their socio-economic characteristics and the likely impacts of land acquisition. Public consultations were held with the active involvement of affected persons, including women and vulnerable groups. These surveys provide the basis for establishing a cut-off date for determining the PAPs who will be entitled to compensation for land acquisition, relocation assistance, and other benefits under the project.

2.1 Census of Project Affected Persons A full census of households and individuals potentially within the BWSP right of way (ROW), as identified under Gazette Notification issued by Government of Rajasthan in February 2003 and verified by the consultant, was undertaken to document the status of the affected population. The census registered all household members and individuals, including data on their demographic and social conditions, to determine the categories of project affected persons, including any vulnerable groups with special entitlements. The legal status of the affected lands, the land types, structures, assets, their ownership, and acquisition requirements under BWSP were identified. Encroachers, squatters, tenants and share cropping patterns, etc., were also covered. Minor changes which were being incorporated in the project to minimize adverse impacts during final engineering surveys (which were being undertaken at the same time) were also recorded during this Census.

Based on this, it was determined that land acquisition requirements for the new water treatment plant and pipeline works will affect – to varying degrees - approximately 469 private land parcels, belonging to 276 khatedars (legal title holders, owning land individually or in a group). This will affect total 706 families, comprised of 4,663 PAPs.

_________________________

²Resettlement will be “significant” where 200 or more people experience major impacts. Major impacts are defined as involving affected people being physically displaced from housing and /or having 10% or more of their productive, income generating assets lost. A full resettlement plan (RP) is required for projects with “significant” resettlement effects.



2.2 Socio-economic Survey

A detailed socio-economic survey of 111 PAFs, covering 1,024 persons (21.96% of the total PAPs), was conducted in conjunction with the census to develop social profiles of the people impacted by the project. This will provide a baseline against which mitigation measures and support will be measured. For this purpose, comprehensive information was gathered related to people’s social characteristics, asset ownership, income and expenditure, land use, cropping patterns, quality of life, project impacts, type of effects, and options for resettlement and rehabilitation (R&R) measures which were preferred by the PAPs. Data was also collected about the coverage of PAPs under ongoing development schemes being implemented locally by GoR and NGOs.

The socio-economic profiles of the project affected families reveal that the total male APs comprised 53.1% of the affected population, while females comprised 46.9%; the sex ratio of 833 women per thousand men is less than the average of the State and District. Other backward castes constitute 54.0% of the APs, followed by scheduled castes (25.4%), general (14.0%), and scheduled tribes (6.6%). The majority of the families were nuclear families (80.2%), while the remaining (19.8%) were joint families; the average family size was 6.60 persons. Vulnerable group persons formed 11.0% of the affected population, which included 345 persons above 60 years of age, 142 widows, and 28 physically handicapped persons. Among the sample PAPs (excluding children below five), 58.6% were literate, which is close to the State average, while 41.4% were illiterate; however female illiteracy at 61.9% of the female population greatly exceeded male illiteracy at 21.7% of the male population.

About 39.94% of the sample PAPs are employed, while 60.05% are unemployed (this, however, includes non-working children and adolescents below 17 years of age and otherwise unemployed housewives who comprise 51.36% of the unemployed total). Almost two-thirds of the employed respondents (65.0%) reported that agriculture and allied agricultural activities provided their main source of income, followed by 18.8% who reported that non-agricultural labor provided their major income. However, a significant proportion (more than half) of those who reported their main occupation as being in agriculture also reported unemployment or no occupation as their secondary occupation, while 6.72% of the employed PAPs were involved in one or more earning activities as their secondary occupation. This likely reflects the seasonal nature of work available in the agricultural sector in Tonk district, and the need for agricultural workers to find other sources of income in the off seasons.

Of 111 sample PAFs, eight families (7.2%) reported incomes of less than Rs. 18,000 per annum, which is commonly used in India as an index for identifying the Below Poverty Line (BPL) households. Six PAFs (5.4%) reported incomes between Rs. 18,000-24,000 per annum, seven (6.3%) between Rs. 24,001-30,000, and 28 (26.12%) between Rs. 30,001-50,000, while 61 (54.95%) PAFs had annual incomes above Rs. 50,000. As is often the case in similar surveys, 11 households (15.8%) with incomes less than Rs. 50,000 per annum reported that their expenditures were more than their incomes, while none of the higher income groups reported expenditures which exceeded their annual incomes.

The majority of the PAFs (54.4%) were small farmers/cultivators with land holdings of less than 2 ha, while 83.7% owned land of less than 4 ha. Approximately 41% of the farmers reported that they did not have their own irrigation facilities, and that they either relied on others for their water, or on rain fed crops. The remaining 59% reported that they owned one or more wells with pump sets, open wells, a tube well or a lift irrigation unit. Livestock of various types and numbers are owned by slightly more than half of the PAFs.

With respect to compensation for losses, which will be occasioned during the land acquisition process, 61 (54.95%) of the sample PAFs indicated a preference for cash



compensation, while 27 (24.32%) PAFs have preferred land for land. This is followed by 17 (15.30%) PAFs who opined for either land for land or cash compensation. Four (3.60%) gave an alternative of compensation by providing irrigation for the remaining land that was not to be acquired, while two (1.80%) requested assistance for allied income generating activities.

Indigenous Peoples (IPs), including tribal communities and other ethnic groups, will not be disproportionately or differentially affected by the project; that is, in terms of ADB policy, indigenous people will not be affected as “people”. Although the Meena tribal group does constitute a small fraction of the PAPs (47 families), the Meenas are fully integrated into the mainstream society and do not have any distinct identity, either as individuals or as a group, which would make them vulnerable to being uniquely disadvantaged as a result of the proposed project. Therefore, the resettlement, income rehabilitation and indigenous peoples’ requirements have been fully integrated into the entitlement options available under the RP, and a separate Indigenous People’s Development Plan was not prepared for this project.

No squatter households were identified on the government and Panchayat lands, except 2 farmer encroachers during feasibility design. There were no squatters on the row of government land in Balawala, and along the abandoned railway line to be acquired by PHED, GoR. However, the squatters will be verified during detailed design. If a squatter is identified, or if anyone provides proof to establish that he/she had occupied the land before the eligibility cut-off date (June 2003) as a squatter, he/she will be considered eligible for resettlement assistance.

3 LAND ACQUISITION REQUIREMENTS

A total of 112.07 ha. of land are to be acquired for the water treatment plant and pipeline works under the Bisalpur Water Supply Project; out of this, 30.48 ha. is for the water treatment plant and 81.59 ha. for the raw water and treated water pipelines. In addition, approximately 300 ha. of land for the proposed pipeline which is being routed along an abandoned railway line (79 km) have already been purchased by PHED from Indian Railway Department.

Land parcels with a total area of 696.49 ha. will be subject to acquisition, in whole or in part, and a total of 706 private households will be affected to varying degrees by the acquisition requirements. 26.12 ha. out of a total parcel size of 35.27 ha. is to be acquired from 73 PAFs for construction of the water treatment plant, while 66.00 ha. out of parcels totaling 352.15 ha. is to be acquired from 632 PAFs for the pipeline works. The balance of the land acquisition requirements will be from Government Departments (12.04 ha. out of parcels totaling 220.60 ha.) and the Gram Panchayats (7.92 ha. out of parcels totaling 88.47 ha.). A total of 469 private land parcels will be affected by the acquisition; of these 67.2% are predominately barren land which is suitable only for rain-fed crops, while 32.8% are irrigated farmland which is suitable for both winter and summer crops

The BWSP land acquisition will lead to agricultural land being affected either wholly or partially. About 706 families, comprised of 276 khatedars (land title holders in revenue records, GoR), will be affected. The GoR “Jamabandi” records, which provide ownership details for all lands owned by the affected khatedars, demonstrate that 16 khatedars will be losing all of their land, six will lose above 75% of their land, 46 will lose in the range of 26% to 50%, and 176 will be affected by up to 25%. The impact will be most severe for the 16 khatedars who are losing their entire land, and the six khatedars who will be losing more than 75% of their land, which may render the remainder unviable for cultivation.

Consequent to the land acquisition requirements, 20 wells, 10 houses (1 pucca, 4 semi-pucca, and 5 kutcha) and 8 other structures (3 shrines, 1 canopy, 3 cattle sheds and 1



fodder store) will need to be acquired. Based on discussions with the PAFs whose houses will need to be acquired, two have opted to reconstruct their houses on their existing land adjacent to the proposed right-of-way, while the remainder have alternative accommodation available and will likely opt for cash compensation.

During detailed design, a census of all affected families will be completed. This RP is based on feasibility design, and that more detailed information on the number of affected people / households together with their entitlements will be included in the RP after detailed design.

4 PROJECT IMPACTS AND MITIGATION MEASURES

The following summarizes the overall perceptions of the PAFs and village residents regarding the positive and negative impacts of the Bisalpur Water Supply Project, and describes the mitigation measures, which have been, or will be, taken into consideration during project planning and design:

4.1 Positive Impacts

Positive impacts of the project for the area residents will include:

• Supply of potable drinking water to water deficient rural villages that lie along the pipeline route will help ensure the supply and protect the population against water borne diseases.

• Increased employment opportunities for PAPs during construction of the proposed water treatment plant site and pipeline, and during the subsequent operation and maintenance period.

• Increased economic opportunities for PAPs living in areas close to the proposed water treatment plant site for small shops, restaurants, services, etc.

• Improved all weather road facilities to interior rural areas that lie along the pipeline service road will facilitate transportation of products to market, etc.

• Better transport facilities will be available with a better quality of road, resulting in less travel time and fuels savings.

In addition to the above benefits, the major benefits of the project will arise after completion of the works and commissioning of the water supply system. Implementation of the scheme will result in a significant reduction in the pressure on the ground water resources in the region, improvement in the safety and reliability of the water supply systems, and improvements in public health in areas, which presently lack a safe water supply and other basic infrastructure. Augmentation of the water supply to the area will provide an enhanced level of security for the residents, and will trigger off an all round increase in developmental activities resulting in considerable improvements in the life style of the population.

4.2 Negative Impacts

The following summarizes the major concerns of the PAFs regarding the potential negative impacts of the project:

• Loss of land including agriculture land.

• Decrease of agricultural yield.



• Non-viability for cropping by the small farmers.

• Land acquisition second time for some formerly resettled families.

• Loss of wells for irrigation.

• Loss of trees.

• Loss of kutcha and pucca type house structures.

• Decrease in access to common property resources of pasture land.

Most of the adverse impacts will arise due to land acquisition of people living in Ladpura who were resettled at Ladpura village nearly a decade ago. The most severe impacts will be on the marginal and small farmers with small land holdings who will be losing all their agricultural land, or a major portion due to which the remaining part may become unviable for cultivation.

4.3 Mitigation Measures

The mitigation efforts, which are being included in the project design, are concentrated on minimizing land acquisition and resettlement, and on enhancing the positive impacts of the BWSP. Some of these have been described or implied in the preceding text, but are repeated here for convenience.

• Land acquisition is being kept to a minimum level, consistent with the technical requirements of the project. The land which is presently being acquired will be sufficient for both the present needs and future expansions of the treatment plant, pumping stations, reservoirs and transmission systems so that further acquisition will not be required in the future.

• The water treatment plant location near the intake station was selected keeping in mind the advantage of en-route supply as well as lower energy consumption related to the lower volume of water to be pumped up to Jaipur City. It is located on predominately flat, level, sandy ground, and the current land use is a mixture of uncultivated barren land and marginal farmland, which is suitable for agriculture only when irrigated. The site is located adjacent to Surajpura Village, and has a potential for positive socio-economic impacts through providing employment opportunities for local residents, and other services for the WTP labor forces. Off-site development works will significantly improve road access and telephone communications to the village.

• The pipeline routing selected by PHED is the best of the eight alternative routes that were considered under the Safege feasibility study. The raw water pipeline (8.4 km) is being routed directly from the intake works to the treatment plant site, mainly through open barren land that is not suitable for cultivation. The clear water pipeline (97 km) follows an abandoned railway line for most of its length (79 km, already acquired by PHED) and results in the minimum possible social and environmental impact.

• A 40 meter wide right-of-way (ROW) is proposed to be acquired along the 18 km stretch through private and public lands, which is the minimum requirement for the present works and future expansions. The transmission main will be buried about 1 meter below ground, and an all-weather access road will be constructed along the center of the ROW with a total width (carriageway plus shoulders) of 6 meters.



Although a 40 meter ROW is to be acquired (for which compensation will be made) the land on either side of the access road will be restored to its original condition on completion of construction (i.e., 34 meters out of the 40 meter wide strip will remain available for agricultural use after completion of the pipeline).

• The access road will be constructed at a suitable level so that it does not act as a barrier to crossing by people or livestock. The public will be permitted to use the access road for entrance and engress to their properties, and the affected persons (APs) will be granted non-transferable usufruct rights to cultivate the remaining agriculture land within the 40 m ROW or use it for grazing.

• All possible efforts will be made during detailed design to protect wells/irrigation units/ structures which are falling within the proposed construction zone from acquisition by shifting the alignments wherever this is desirable and feasible.

• Provisions will be included under the BWSP to supply potable drinking water to water deficient rural villages that lie along the pipeline route. This will address the felt needs of the affected communities, and will significantly improve the health and security of the residents in those areas which presently lack a safe water supply.

• The successful contractor will be encouraged to provide employment opportunities during the construction period, on a priority basis, to suitably qualified affected persons (APs) who have been identified under this RP. Similarly, PHED will be encouraged to provide employment opportunities to some of the APs during the subsequent operation and maintenance period after the project has been commissioned.

• Mitigation measures and R&R compensation will be provided by RUIDP to minimize any unavoidable impacts. During the construction period (approximately 2 years duration) loss of crop and inconvenience to rural life due to civil work will be minimized. These will usually be minor and of short duration, and appropriate social and environmental impact mitigation measures will be incorporated into the construction contracts to minimize such impacts. Proper implementation of the mitigation measures will be monitored and ensured during the construction period.

• People displaced by Bisalpur Dam will again be affected by land acquisition. The displaced persons received unproductive land that impoverished them. They prefer cash compensation to land for land. Cash compensation and other assistance will be sufficient to buy productive land so that they could improve their livelihoods.

5 RESETTLEMENT PLAN

A key requirement of the RP is a clear statement of the resettlement policy framework to be followed which includes the nature and categories of impacts and their corresponding entitlements. This RP provides such a statement, along with detailed guidance on how to implement provisions in the policy framework, including institutional arrangements and budgets based on enumeration of project-affected people and the entitlements to be provided under the framework. The ADB policy, the draft R&R policy of the Government of Rajasthan for involuntary resettlement, and LAA, 1894 of Government of India have been followed in preparing this RP.



5.1 Income Restoration

The basic objective of the RP income restoration (IR) activities is to ensure that no project-affected person shall be worse off than he or she was before the project. Restoration of pre-project levels of income is an important part of rehabilitating individuals, households and socio-economic and cultural systems in affected communities. A basic premise of this is that the APs should receive fair and equitable compensation for the loss of any land or assets that are required to be acquired under the project, and that compensation should be paid in a transparent and timely manner.

In accordance with Bank policy, compensation for land or asset acquisition is equated to the “without” project situation, implying that replacement rates are required and that the APs should be at least as well off after resettlement as they were before. Replacement costs are equal to market costs plus transaction costs wherever the markets reflect reliable information about prices and availability of alternatives to the assets lost. The land sale rates registered in the revenue records maintained by the GoR form an officially verifiable record of the latest and/or last land sale transactions for comparable lands in the villages which have taken place in the past months/year, and these have been used to estimate the compensation rates. As per Government procedures for involuntary acquisition, 30% solatium and 12% interest rate from the date of notification will be added to the cost of land. Thus, the fair value of land is taken to estimate the compensation against the loss of land as per the guidelines of Asian Development Bank and the established norms of the GoR.

Similarly, compensation rates for buildings and structures that are to be acquired have been estimated on the basis of the current PWD Basic Schedule of Rates for new construction, without any depreciation for the age or condition of the existing structures. Rates for acquiring trees and other miscellaneous items were estimated based on a market survey which was conducted in consultation with the APs and others.

Resettlement programs aiming at preventing impoverishment and restoring incomes and livelihoods of PAPs will include both land-based programs that provide resettlers with land to regain and build agriculture farms and small rural businesses, and non-land based income generating activities such as small business, enterprise development, vocational training, employment, credit, etc., which will help the APs to restore any lost income opportunities, or improve their income generating capacity. Counseling will be provided to all affected persons regarding the compensation alternatives, their entitlements under this RP, and the ways and means of minimizing the negative impacts of the project. Priority consideration will be given to vulnerable families, indigenous peoples and below poverty level families, as well as to small and marginal farmers who will be losing all, or a major portion, of their land holdings.

Under the land-based income restoration programs, RUIDP will assist those PAFs who opt for a land-for-land compensation method to purchase equivalent land in nearby areas by properly utilizing the allotted compensation funds, or will assist in allotting replacement lands which are owned by the Government to them, if available.

Under the non-land based restoration programs, the affected PAFs will be assisted to identify suitable alternative economic activities which will be sustainable over the long term, and assistance will be provided to prepare them for this. Assistance will be provided to all affected persons to make them aware of their rehabilitation options and the availability of, and their entitlement to, other Government support programs and access to credit. Vocational training for income generating activities will be provided, as may be required, through existing Government programs in the area, programs that are already being offered by local NGOs under other support schemes, and the private sector.

RUIDP will help ensure that the affected persons are accorded priority for public works related to construction of roads, schools, ponds, hospital buildings, etc., under famine relief



work and other Government schemes. RUIDP will also assist in ensuring that the successful contractor for the BWSP works will hire qualified affected persons as apprentices in the skilled trades sectors so that these persons will be able to develop valuable income generating skills for their futures.

For all affected persons, the following policies will be followed to ensure that immediate assistance is provided to assist in relocation and rehabilitation, and that no unnecessary or unusual hardships are incurred as a result of delays in making compensation:

• Compensation for land, structures, and all other lost assets to be paid in full before relocation;

• House construction grants and relocation subsistence allowances to be paid for the full duration of the period of disruption and re-establishment;

• Free transport or costs of removal and re-establishment for relocation;

• Temporary or short term employment in civil construction activities at the resettlement or project construction sites; and

• Special assistance, as appropriate, to vulnerable groups such as women, indigenous people, below poverty line families, the aged and the disabled.

5.2 Institutional Arrangements

The Project Director, RUIDP-PMU, will have the overall responsibility for managing all program works under the RUIDP, including the BWSP and this RP. A dedicated Bisalpur Project Implementation Unit (BPIU), headed by a Chief Engineer, has been established under RUIDP which will be responsible to implement and manage the day-to-day activities of the RP, including coordination of resettlement activities and providing technical support. In addition, project implementation support will be provided by various agencies at the state, district and village levels.

• State level

o Secretary, PHED, and Secretary, Urban Development Department (UDD), GoR, will be the state level authorities responsible for policy approval and implementation of the RP.

o Project Director, RUIDP, will have overall responsibility for management of the BWSP – including this RP – and for providing technical, monitoring and supervision assistance related to RP implementation.

o The Bisalpur Project Implementation Unit will have the primary responsibility for implementing the provisions of this RP and for coordinating all RP activities at the different levels.

o In addition to the existing staff, the BPIU will engage the services of a social scientist with R&R expertise, a rural development specialist, a revenue expert and a legal advisor. The social scientist and the rural development specialist will be engaged under contract or through deputation, while services of the revenue and law experts available with RUIDP and/or PHED can be utilized for RP implementation. The LAO, Malpura, will be an ex-officio member in addition to member of District Level Committee to facilitate implementation of the RP.



• District/block R&R committee

o A District/block R&R committee will be formed which is composed of the District Collector (Chairman), LAO, Tehsildars of the affected Tehsils, Pradhan and Block Development Officers of affected Panchayat Samitis, NGOs and representatives of the PAPs/CBOs.

o The District/block R&R committee will be responsible for determining the compensation award values; providing assistance for making compensation payments to the affected persons; resolving land ownership disputes; coordinating with governments agencies, line departments and village level officials; organizing public hearings and grievance redressal; and providing a venue at the block level for coordination and implementation of the RP

• Village R&R committee and CBO

o Village R&R committees will be formed which will include PRI representatives (Sarpanch/ward Panch), village revenue official (Patwari), implementers of development programs in the villages, and all PAPs (females and males). PAPs will be mobilized and motivated by the partnering NGOs to form CBOs.

o RP implementation will be mediated through district/block and village level committees. These committees will function to provide coordinating nodes for acquisition of land, making compensation, and facilitating PAPs access to most government programs in the entitlement package.

Two local NGOs with experience in social development and poverty alleviation programs, and who have previous contacts with the APs, are proposed to be recruited by RUIDP to assist in implementing this RP and to help in ensuring the social acceptability and sustainability of the programs. R&R Consultants will play a key role in the selection of NGOs that will be trained in resettlement policy and practices, and will be based locally with sufficient manpower and leadership. These NGOs will be responsible to assist in counseling the PAPs, encourage productive utilization of compensation and rehabilitation grants, facilitate PAP access to financial assistance under various subsidy-related development programs, increase the effectiveness of training programs organized for the PAPs’ participation in self employment schemes, and assist the PAPs to organize CBOs who can represent the PAPs during any negotiations and grievance hearings.

5.3 Implementation Schedule

Remaining activities include review and approval by the ADB of the resettlement policies and actions recommended in this report, recruiting additional staff for the BPIU, selecting and contracting with local NGOs, and ensuring effective public participation, compensation, income restoration and RP implementation.

As per the Bank’s policies, no civil works are to be started before compensation has been paid and the land acquired. Notification for land acquisition has already been issued by the Land Acquisition Officer. The rules for the time required, from when the people are first notified about the decision of the Government to the time they are supposed to vacate their holdings, are provided in the Land Acquisition Act. The normal procedures for LA have been followed by the LAO and other authorities in this project.

Accordingly, land acquisition and payment of compensation is scheduled to be substantially completed by September 2004. Broadly, it is expected that this RP will be approved by the Government of Rajasthan and ADB before the end of March 2004, and that all procedural



activities related to recruiting additional staff for the BPIU, hiring the selected NGOs, forming the District/Block Level Committee, and providing training on the RP to RUIDP and BPIU staff will be completed by the same time. Subsequent activities related to coordination, counseling and negotiation with the affected persons is programmed to commence in April 2004, and compensation payments and land acquisition completed by 30 September 2004.

Longer term income rehabilitation activities, such as providing training to PAPs in accordance with this RP, are programmed to carried out in parallel with the other activities, and to continue for approximately two years after commencement. Accordingly, RUIDP will ensure timely implementation of the RP so that the land can be acquired, PAPs properly compensated and rehabilitated, and land handed over to the project contractor free and clear of any encumbrances.

5.4 Grievance Redressal

This RP provides for a formalized grievance redressal mechanism to help reduce any complaints and grievances of the PAPs and to enhance the acceptance of rehabilitation and resettlement program through people’s participation and support. Therefore, the project has a grievance redressal process, which provides for BPIU and the District/Block Level R&R Committee to hear complaints, help the PAPs on resolving any disputes, and propose solutions. All efforts will be made to reduce unnecessary litigation by resolving disputes through mediation, negotiation and compromise in a congenial, fair and impartial setting. In case any disputes cannot be resolved through this mechanism, then the PAPs will be free to approach the court of law for a decision. In such cases, the Honorable court will be requested to expedite and resolve any litigation related to acquisition and/or compensation in the best interests of the project and the people.

5.5 Monitoring and Evaluation

In order to accurately verify the information related to implementation of the Resettlement Plan during involuntary resettlement, a monitoring and evaluation (M&E) program will be developed to provide feedback to project management which will help keep the programs on schedule and successful. Monitoring will give particular attention to the project-affected vulnerable groups such as small farmers, BPL families, ethnic minorities, women headed households, widows, children, elderly and disabled. This will provide both a working system for effective implementation of the RP by the project managers, and an information channel for the PAPs to assess how their needs are being met.

Internal monitoring of RP implementation will be carried out by the BPIU. Impacts of RP implementation will be assessed by using the baseline survey data, which were collected during the census and socio-economic surveys. The internal monitoring will look into the conventional indicators viz. assistance provided to the affected families, number of affected families, families resettled, infrastructure facilities allocated, etc. It will also monitor the financial aspects, including payment of compensation, grants, income restoration, etc. Regular progress reports shall be prepared and submitted to the Project authorities in a timely manner.

In addition, RUIDP will engage an independent external agency/specialist who will be assigned the task of M&E to ensure complete and objective information. External M&E will begin concurrently with implementation of the RP and will meaningfully and realistically monitor and evaluate the R&R programs on a periodic basis so that all the vital activities are successfully implemented. Copies of reports by NGOs and M&E Consultants will be submitted to ADB for their review. This will facilitate formulation of corrective measures by identifying the problems and difficulties faced by the PAPs and bringing them to the notice of the BPIU and Project Director, RUIDP.



5.6 Cost and Budget

This RP includes a cost and budget estimate for the resettlement implementation, including compensation for land and asset acquisition, shifting assistance, training for project staff and affected persons, services of NGOs, monitoring and evaluation, and other incidental costs. All costs of rehabilitation and resettlement have been included as a part of the overall estimate of the cost of the Bisalpur Water Supply Project.

The costs related to LA and compensation, including transfer of property titles from private individuals to the State, will be paid by GoR. Other support mechanisms such as training, additional staff, NGO services, monitoring and evaluation, or funds for income generating schemes, etc., will be provided from the overall project budget.

The total costs for land acquisition and R&R activities recommended under this RP are estimated at Rs. 24,119,114, which is approximately 0.35% of the total cost of Rs. 69,000 lacs for BWSP, as summarized in the following table:

Budget Estimate for BWSP Resettlement Plan (In Rs.)

S. No. Item Phase I

Compensation for acquisition GOR RUIDP Total 1. Private land: Basic cost 12,185,711 12,185,7112. Private land: 30% solatium 3,655,713 3,655,7133. Private residences 401,380 401,3804. Shrines and canopy 36,000 36,0005. Miscellaneous structures 7,800 7,8006. Wells 2,000,000 2,000,0007. Trees 2,161,510 2,161,5108. Shifting Assistance 6,000 6,000 Sub Total: Compensation 20,454,114 R&R Activities

9. Training for RUIDP & BPIU staff - 50,000 50,00010. Training for PAPs - 2,865,000 2,865,00011. NGO services for RP implementation - 360,000 360,00012. M&E agency/specialist - 240,000 240,00013. Miscellaneous other costs 150,000 150,000

Sub total, R&R Activities 3,665,000 Grand total 24,119,114

* 12% interest rate will be added at the time of disbursement of compensation to PAPs.



6 ENTITLEMENT MATRIX

Based on the findings of this study, it is concluded that the proposed siting of the facilities to be constructed under the Bisalpur Water Supply Project are appropriate, and that land acquisition requirements have been minimized to the maximum possible extent consistent with the economic feasibility of the system. Adequate provisions have been incorporated into the planning and design of the system to minimize or mitigate any unavoidable impacts that may arise as a result of the proposed works. Adequate provisions have been incorporated into this RP to ensure that no project-affected person will be worse off than he or she was before the project. Ways and means for restoring pre-project levels of income have been incorporated into this RP to help ensure effective rehabilitation of individuals, households and socio-economic and cultural systems in the affected communities.

The Bisalpur Water Supply Project is essential for the continued long-term sustainability of life in Jaipur City and other villages which are to be serviced along the pipeline route. The overall impact of the project on the socio-economic environment is expected to be beneficial and positive in the en-route villages and in Jaipur city.

The following Entitlement Matrix outlines the types of acquisition-caused losses (land, shelter, livelihood), the various categories of APs as per the Gazette Notification/ Enumeration, and the various entitlement options. The following entitlement options will ensure that immediate compensation and/or assistance is able to assist the APs in relocation and rehabilitation:

• Counseling to all APs regarding their entitlements under this RP, and the ways and means of minimizing the negative impacts of the project, through local NGOs and village level R&R committees.

• The information about the main components of RP, the entitlement matrix, grievance redressal mechanism, and compensation and other assistance packages will be disclosed to all affected persons in Hindi / Rajasthani prior to detailed design. Copies of the updated resettlement plan will be given to village Panchayat offices prior to RP implementation.

• Cash and/or land-based compensation for land or asset losses at market/ replacement value as per the Land Acquisition Act, established norms of the GOR and ADB guidelines, based on both i) land values as established by the revenue department, and ii) land and asset surveys.

• House construction grants and relocation subsistence allowances for the full duration of disruption and re-establishment.

• Restoration of pre-project income levels through both land-based and non-land based income generating capacities and opportunities.

• Vocational training for income generating activities; subsidized inputs for agricultural and livestock production.

• Temporary or short term employment in civil construction activities, and long term employment options in operations and maintenance of the water supply assets.

• Special relocation assistance to vulnerable groups such as women, indigenous people, the aged and the disabled. Priority consideration for IPs and below poverty level (BPL) families, and the most adversely affected small and marginal farmers.



• Assistance to facilitate access to other Government or privately sponsored social benefit schemes for eligible individuals. This will include poverty alleviation programs such as the District Poverty Intervention Programme (DPIP), famine relief work, SGRY, TRYSEM, DWARCA, etc., that are being implemented by GoR, as well as to other rural development programs that are being executed by revenue, irrigation, agriculture, small scale and cottage industries, and other departments.

• Assistance to facilitate access to income generating loans, subsidies and/or micro credit facilities for self employment to help in establishing a viable economic base for the PAPs.

• Priority consideration to be given to vulnerable groups, IPs, BPL families and small and marginal farmers for the land-for-land compensation option (where feasible).

Bisalpur Water Supply Project: Entitlement Matrix

RESETTLEMENT IMPACT

ENTITLED PERSONS

(EPs)

SUBCATEGORY OF ENTITLED

PERSONS

ENTITLEMENT OPTIONS

Loss of Agricultural Land

With Valid Title Title holders a) Cash and/or land-based compensation for land and asset losses at market/replacement value as per the Land Acquisition Act, established norms of the GoR and ADB guidelines, based on both i) land values as established by the revenue department, and ii) land and asset surveys.

b) Compensation will also include a payment of 30% solatium on the assessed value + payment of 12% interest per annum from the date of notification to the date of award or taking possession.

c) All fees, taxes and other incidental charges and damages, as applicable under relevant laws, accrued in relocation and resource establishment to be borne by the project.

d) Land for land with equivalent production potential in case of total or adverse loss of land, subject to availability.

e) Alternative Economic Rehabilitation Scheme and training for the same if required for a shift from land to non-land based income.

EPs left with economically unviable residual land

a) Acquisition and cash compensation for left over land at market/replacement value as per the Land Acquisition Act, established norms of the GoR, and ADB guidelines, based on both i) land values as established by the revenue department, and ii) land and asset surveys.

b) Land consolidation and readjustment with contiguous parcels; assistance in finding suitable alternative land from RP implementing agencies, i.e. PHED, RUIDP, etc.

c) a) Entitled households may elect to either retain ownership of residual portion and receive compensation, as above, for only the portion acquired for the project or to receive compensation, as above, for the entire plot for which full ownership of residual is not taken by PHED, giving EH usufruct rights thereon.



Loss of Agricultural Land (Cont’d.)

With Valid Title (Cont’d.)

EPs left with economically viable residual land

a) In case of severance of the agricultural land, an additional grant of 10% of the amount paid for acquisition of the ROW, or else acquisition of the leftover portions of the entire parcel.

Vulnerable social groups including old age/ handicapped/ widow/ IP and BPL families

a) Priority consideration for land for land with equivalent production potential, subject to availability. Or

b) Cash compensation for land and assets valued as per Land Acquisition Act.

Tenants/ sharecroppers or leaseholder with proof of tenancy

a) Cash compensation for unexpired tenancy/ share-cropping/ lease.

Encroachers. Occupants who have resided at the site for over one year prior to notification

a) Encroachers on agriculture land will not be entitled for any compensation for land but will be compensated for the structure and other lost assets at assessed replacement cost.

b) Cash Compensation for loss of one-year crop income from the land.

c) Will be assisted, case by case, according to household incomes and existing assets (including ownership of viable plot of land) in cases fulfilling both of the following conditions: - Not owning the land adjacent to land encroached; and

- Being a member of a vulnerable group Squatters a) Squatters will not be entitled for any

compensation for land but will be compensated for the structure and other lost assets at assessed replacement cost.

b) Where squatters are from vulnerable groups, they will be assisted on a case-by-case.

c) Shifting allowance of Rs. 600. Loss of Residential Land/ Structure

Valid title/ legal occupant

Title holder/ head of household

a) Compensation for new construction costs as per valuation by the concerned authority.

b) Permission to dismantle the structure and remove it.

c) Cash compensation for transportation of family assets and other inconveniences.

d) Rental assistance of Rs 500/month for 6 months.

e) Shifting allowance of Rs 600. f) Maintenance allowance of Rs 2,000/month for

one year. g) Every resettled family will get a resettlement

grant of Rs 1,500.

Vulnerable groups: women headed household/ elderly/ handicapped/ IPs/ BPL families/others

a) Assistance in relocation in addition to (a), (b) and (c) above.



Loss of Residential Land/ Structure (Cont’d.)

Valid title/ legal occupant (Cont’d.)

EPs left with remaining structure unviable

a) Compensation for land and asset losses at assessed replacement value.

b) Right to salvage material from the demolished structure.

c) For EPs losing entire house, in addition to compensation, rehabilitation assistance and free homestead land under LIG/ EWS schemes, with provision for house site equal to the area lost or maximum of 25-35 sq m, whichever is less.

d) House construction loan of Rs. 100,000 for lower income group (LIG) scheme or Rs. 30,000 for economic weaker section (EWS) housing scheme.

e) Assistance in accessing housing schemes or other targeted support for vulnerable groups to assist in reestablishing homes.

f) Option of housing in resettlement sites in cases of cluster relocation.

EPs left with remaining structure viable

a) Compensation for lost land at assessed replacement value.

b) Compensation for lost portion of structure at assessed market value or replacement cost.

c) Right to salvage materials from the demolished portion of the structure.

Squatters/ encroachers

a) Will not be entitled for any compensation for land but will be compensated for the structure and other lost assets at assessed replacement cost.

b) A lump sum grant for shifting to an equivalent habitable area with low cost materials (equivalent cost of present structure) including cost of transportation for building materials (less salvage materials).

c) Permission to dismantle the structure and remove it.

d) Right to salvage materials from the demolished structures.

Loss of Standing Crops/ Trees

Title holder EPs losing non-perennial crops

a) Compensation for the actual loss of crop/trees will be paid as per Land Acquisition Act

b) Harvesting of standing crops will be allowed. c) If standing crops are lost due to forced

relocation prior to harvest, twice the cost of market value of the crops to be paid.

Tenant/ lease holder

a) Compensation for the actual loss of crop/trees will be paid as per Land Acquisition Act

Encroachers a) Cash compensation for the loss of one-year crop income from the land.

b) Will be given advance notice for harvesting of standing crops.



Loss of Wells or Other Irrigation Facilities/ Immovable Assets

PAPs Title holder a) Cash compensation for new construction costs as per valuation by the concerned authority, or

b) Equivalent replacement facility to be constructed under the Project.

Tenant/ lease holder

a) Cash compensation for new construction costs as per valuation by the concerned authority, or


Loss of Income/ Livelihood

PAPs Vulnerable groups: Women headed households/ IPs/ BPL families/ unemployed youths/ elderly/ handicapped/ other disadvantaged groups Individuals, including affected agricultural wage laborers

a) Assistance for starting income generating activities and transition allowance.

b) Priority consideration for employment during the construction period.

c) Priority consideration for employment at the new water treatment plant and other facilities after commissioning of the Bisalpur Water Supply Project scheme.

d) Priority consideration for employment opportunities in the project for local residents; particularly those project-affected persons from vulnerable groups.

Individuals losing only source of income

a) Vulnerable groups may be provided 6 months income on a case-by-case basis.

b) Assistance for starting income generating activities.

c) Priority consideration for employment during the construction period.

d) Priority consideration for employment at the new water treatment plant and other facilities after commissioning of the BWSP.

e) Alternative economic rehabilitation scheme and training for the same if required.

EPs losing perennial crops

a) Compensation for perennial crops equal to the capitalized value (i.e., net present value of production of such crops, at a discount of 12% per year).

Loss of Community Resources/ Infrastructure

PAPs All PAPs a) Common property resources such as access to water, fodder, fuel wood, etc. will be restored and improved through forestry, alterative grazing land and other local options.

Women a) Women’s needs, particularly related to location of sources of water and fuel wood, will be addressed through additional well/hand pumps, if applicable.

Disabled persons a) The project will maintain and improve, where possible, access and opportunities for disabled and will include an audit of design and construction phase plans.

Tribal and ethnic groups

a) The project will give priority to IPs for land-for-land based compensation options; vocational training for income generating schemes; assistance to access other Government, NGO and/or private sector social benefit schemes; assistance to access income generating loans, subsidies and/or micro credit facilities for self employment purposes; and priority for employment during construction and after commissioning of the BWSP scheme.



Loss of Community Resources/ Infrastructure (Cont’d)

PAPs (Cont’d.) Labor camps/ host communities

a) The project will include provisions to enhance health, safety and work condition of migrant labor groups involved in project construction and to promote positive impacts on impacted host communities, and will provide training and assistance for starting alternative income generating activities.

Loss of Social and Economic Security for Vulnerable Groups

PAPs Women headed households/ IPs/ BPL families/ unemployed youths/ elderly/ handicapped/ other disadvantaged groups

a) Vocational training for income generating activities.

b) Assistance to access other Government, NGO and/or private sector social benefit schemes.

c) Assistance to access income generating loans, subsidies and/or micro credit facilities for self-employment purposes.

d) Priority for employment during construction and after commissioning of the BWSP scheme.


RESETTLEMENT PLAN: VOLUME 2 MAIN REPORT

CHAPTER I

1 BISALPUR WATER SUPPLY PROJECT

1.1 Introduction

Rajasthan, with an area of 342,239 square kilometers, lies between 22 to 30 degrees north latitude and 69 to 78 degrees east longitude. Located in the northwestern part of India, it is bounded on the west and northwest by Pakistan, on the north and northeast by the states of Punjab, Haryana, and Uttar Pradesh, on the east and southeast by the states of Uttar Pradesh and Madhya Pradesh, and on the southwest by the state of Gujarat. The tropic of cancer passes through its southern tip in the Banswara district (see map).

Jaipur City, the capital of Rajasthan with a population of approximately 2.5 million and a growth rate of about 4% per annum, depends almost entirely (97%) on ground water resources for its potable water supply. The current rate of ground water abstraction is not sustainable. The water table throughout the entire city area has fallen dramatically over the past three decades and continues to decline at an alarming rate, accompanied by increasing concentrations of nitrates in the ground water supply; the nitrate concentrations in the Jaipur urban area have increased from an average of less than 50 mg/l in the early 1970s up to an average of about 250 mg/l (with a peak of over 400 mg/l in some areas) in 2001. Four consecutive years of drought conditions have exacerbated the problems, and it is forecast that the ground water resources within many parts of Jaipur city will be substantially exhausted in the near future unless appropriate measures are taken to significantly reduce the rate of abstraction.

The Jaipur water supply problems are well known, and the State Government has made long term plans to augment the Jaipur water supplies by developing sustainable surface water resources in the region. The Bisalpur Dam and reservoir, which is located on the Banas River about 120 km south west of Jaipur City, was constructed in the mid-1990s by the Department of Irrigation (DoI), GoR, for the purpose of providing potable water supplies to Ajmer City, Jaipur City and other towns in the region, and to provide supplemental irrigation for agricultural lands downstream of the dam site.

A water sharing agreement is in place with the Public Health Engineering Department (PHED), which provides for an annual supply of 458.4 million cubic meters for drinking water and 226.4 million cubic meters for irrigation purposes. The Ajmer water supply component has been completed and is fully operational. The pump house structure for the Jaipur water supply component has been constructed, and only requires pumps, mechanical and electrical installations to be completed.

The proposed Bisalpur Water Supply Project (BWSP) is an essential component of the Government’s long-term strategy to ensure a sustainable drinking water supply to a population currently suffering from impending water shortages, sub-standard quality, and lack of a reliable piped water supply. The initial Phase I of the BWSP is expected to benefit about 2.2 million people, and the system is expected to be progressively expanded to a level sufficient to supply about 5 million people in the major settlement areas by the year 2021 through a combination of the Bisalpur water supply project and existing water resources.



In order to help ensure successful completion of the proposed BWSP, the State of Rajasthan has requested the Asian Development Bank (ADB) to provide assistance for initiating the Bisalpur Water Supply Project, Transmission System Works, which will supply water from the Bisalpur reservoir up to Balawala at the south edge of Jaipur City as a part of the ongoing Rajasthan Urban Infrastructure Development Project (RUIDP) (ADB Loan Number 1647-IND).

This Resettlement Plan (RP) has been prepared by Human Environment Action Research (HEAR) Society, Jaipur, under contract to the RUIDP Project Management Consultant, in accordance with ADB’s requirements for assessment of major changes in the scope of the work which is proposed to be taken up under the RUIDP. It is based upon a study of available reports and documents, discussions with PHED and RUIDP personnel who have been involved in the planning and design of the facilities, and site visits conducted during the periods between October to December, 2002, and May to June, 2003. A 100% census survey was conducted for all properties which are proposed to be acquired under the BWSP to enumerate the Project Affected Families (PAFs) and physically verify the acquisition requirements, while a sample socio-economic survey was carried out with a 20% sample of the Project Affected Persons (PAFs) to determine their socio-economic characteristics and the likely impacts of land acquisition. Public consultations were held with the active involvement of affected persons, including women and vulnerable groups. Particular attention was also paid to the recommendations contained in the “Jaipur Water Supply Project Environmental Impact Assessment” report which was prepared for PHED by Safege Consulting Engineers under the French Protocol assisted Jaipur Water Supply and Sanitation Project in October 2000 (hereinafter referred to as the “Safege report”).

Nevertheless, this RP is based on the preliminary designs, and more detailed information on the number of affected people/households together with their entitlements will be included in the RP after detailed design and during implementation.

1.2 Project Design and Description The long term strategy for utilizing the Bisalpur water supply is to develop the Bisalpur water source to provide treated surface water to Jaipur City and reduce the City’s dependence on the existing ground water sources.

The conceptual planning for the Bisalpur Water Supply Project (BWSP) as a whole is to progressively develop the Bisalpur water source in a phased manner in order to meet the ever-increasing water demands of Jaipur City and reduce the groundwater abstraction to sustainable limits. As per the present plans, a total of 869 million liters per day (mld) is proposed to be supplied from Bisalpur to Jaipur City to meet the water demand up to the horizon year 2021. This will be divided into two Stages – a Stage 1 project, which will supply a total of 540 mld to Jaipur City for the horizon year of 2016, and a Stage 2 project which will increase the supply up to 869 mld. The BWSP also includes programs for supplying water to the rural areas around Jaipur, and reducing the non-revenue water (NRW) losses in the City.

Stage 1 of the BWSP has been designed to supply a total of 540 mld of treated water to Jaipur City, plus 60 mld for the rural areas in two separate Phases. Phase I (this project) is designed to supply 360 mld to Jaipur City plus 40 mld to rural areas (including en-route villages between the water treatment plant and Jaipur City), and the works are being planned and designed in such a manner so as to facilitate expansion for a separate Phase II program which is planned to be taken up in the future.

In addition, the Stage 1 works are proposed to be divided into two discrete, but interconnected, components. The first component, the Bisalpur Water Supply Project, Transmission System Works, is proposed to be taken up as a part of the RUIDP under ADB Loan No. 1647-IND. This component is comprised of the water supply intake works, water treatment plant, and transmission system from the Bisalpur Dam site up to the Balawala reservoir site on the outer edge of Jaipur City. PHED has completed the preliminary



engineering designs and specifications to a stage where they would be suitable, after final review and acceptance, for tendering under RUIDP.

The second component of the Stage 1 works is the BWSP Transfer and Distribution System which includes a clear water reservoir and pumping station at the receiving point at Balawala, a transfer system from Balawala up to various parts inside Jaipur City, distribution networks, pumping stations and reservoirs, power system, a non-revenue water (NRW) loss reduction program, and other related works. Preliminary planning has been done for this component, but site investigations and detailed engineering designs remain to be done before this work can be taken to a level where it will be suitable for tendering. Financing for this part of the BWSP program is proposed to be provided by the Government either through its own resources or through a separate sub-project loan. The Japan Bank for International Cooperation (JBIC) has evidenced a keen interest in financing this component of the BWSP, and PHED is currently holding discussions with JBIC to finalize the modalities of the proposed loan.

The Transmission System Works component of the BWSP, which is proposed to be taken up under Loan No. 1647-IND, is the subject of this report. The Transfer and Distribution System work, which are mainly proposed to be constructed along existing public rights of ways and on Government properties within Jaipur City, will form a separate sub-project which will have a lower level of impact and are therefore not included under this RP.

1.3 Project Components: BWSP Transmission System Works

The major components to be taken up under this project are described in the following Table 1.1 and text, and are illustrated on the following Map 1.

Table 1.1: Key Components of the Bisalpur Water Supply Project Transmission System Works

Type of Work Description of Works

Pipeline Works i. Supply and installation of approximately 8.4 km of 2400/2100 mm diameter mild steel raw water pipeline from Bisalpur headworks up to Surajpura water treatment plant.

ii. Supply and installation of approximately 96.9 km of 2100 mm diameter mild steel clear water transmission main from Surajpura water treatment plant up to Balawala terminal point.

Pumping Stations i. Supply and installation of new vertical turbine pumps in an existing pump station at the Bisalpur headworks, with a total delivery capacity of approximately 400 mld.

ii. Construction of a 400 mld capacity pumping station with clear water reservoir at Surajpura water treatment plant site.

Water Treatment Plant i. Construction of a 400 mld water treatment plant at Surajpura to supply 360 mld treated water for Jaipur City plus 40 mld for other areas.

Power System i. Construction of 132 KV x 33 KV bay at existing 132 KV station at Deoli and extension of 33 KV power line from Bisalpur Headworks up to Surajpura water treatment plant and pump station.

• Pumps in Existing Intake Pump House: The existing raw water intake structure has provisions for installing nine new vertical turbine pumps. Initially, under this Phase I, the pumps will be sized to satisfy an average demand of 400 mld of treated water (360 mld for Jaipur plus 40 mld for rural areas). Provisions will be made for additional expansions which will be required to meet future demands.



• Water Treatment Plant: A water treatment plant (WTP) with a 400 mld output capacity will be constructed at Surajpura Village near Bisalpur dam under this Phase I, of which 360 mld will be for Jaipur City and 40 mld for the Bisalpur-Dudu component of the project. The works will also include sludge drying beds, administrative buildings, stores, campus development and allied works, and provisions will be made for future expansions.

• Clear Water Reservoir and Pumping Station: A clear water reservoir and pumping station will be constructed at the treatment plant site to store and transmit the treated water. The pumps will be designed to deliver the average Phase I flows of 360 mld for Jaipur plus 40 mld for other areas, while the civil works will be designed to house the pumps required to handle the full 600 mld flow under future Phases.

• MS Raw Water and Clear Water Transmission Mains: From the intake pump house up to the water treatment plant at Surajpura (approximately 8.4 km from the intake well at Bisalpur), a 2400 mm diameter MS pipeline is proposed to meet the horizon demand up to year 2021. The clear water main from the WTP site Surajpura to the terminal point at Balawala, in a stretch of approximately 96.9 km, is proposed to be a 2100 mm diameter MS pipeline to meet the transmission requirement of 540 mld. The alignment chosen for the clear water main is based on the findings and recommendations of eight possible alternatives, which were presented in the Safege report, with lengths ranging between a minimum of 88.5 km (the straight line option) up to a maximum of 101.4 km (following an existing abandoned railway track).

The final selection of the alignment was made based upon considerations of minimal land acquisition and disruption to the local area inhabitants by following the abandoned railway line for most of its length, and only cutting across open lands to avoid taking a long and circuitous route around a hilly outcropping at Malpura. Approximately 79 km of the transmission main will be installed along an abandoned railway track, while the remaining 18 km will be installed through open land. The pipeline will be underground throughout its entire length, except for elevated sections for two river crossing portions.

As a part of the rural water supply program, bulk water supply offtakes are proposed to be provided to the en-route villages along the clear water transmission main between the water treatment plant at Surajpura and the terminal point at the Balawala Reservoir.

• Power System: The project will include construction of a 132 KV x 33 KV bay at the existing 132 KV station at Deoli (approximately 17 km from the Bisalpur headworks) and extending a 33 KV power line from the Bisalpur headworks up to the Surajpura water treatment plant and pump station site along the pipeline route.

1.4 Transfer and Distribution Systems

All works related to the complementary transfer and distribution systems from the Balawala terminal point up to and inside Jaipur City are to be taken up as a separate sub-project with Government or JBIC loan financing. These works will include the clear water reservoir at Balawala, transfer system from Balawala up to various locations inside Jaipur City, distribution networks, water reservoirs, pumping stations, integrated HT power system and other related works.

Although detailed planning and design for these works are yet to be taken up, the works are generally proposed to be constructed along existing public roadways and on existing Government lands. No resettlement is anticipated, and no social assessments were required for these components.



1.5 Bisalpur Dam and Reservoir

The Bisalpur dam and reservoir project is a multi-purpose project designed to provide drinking water for Jaipur, Ajmer and other towns/villages in the area, and to provide irrigation facilities for approximately 81,000 hectares (ha) of agricultural land in the Tonk District. The Bisalpur dam was constructed across the Banas River by the Department of Irrigation (DoI) of the Government of Rajasthan, and a reservoir with a design storage capacity of 1,095.8 million cubic meters (MCM) was commissioned in 1995. As per the original program, the amount of water to be reserved for drinking water purposes for Ajmer, Jaipur and surrounding rural areas is targeted to meet an annual requirement of 458.7 MCM by the horizon year of 2021.

Operation of the Bisalpur dam and reservoir is under the control of the Department of Irrigation, and is completely independent of the Bisalpur Water Supply Project works. Therefore, this has not been further considered in this report.

1.6 Land Requirements for the Project

The major project components - the MS raw water mains, water treatment plant and clear water main - will have impacts mainly in terms of land acquisition from private farmers, Panchayat Raj Institutions (PRIs) and government departments.

The project will require that public lands owned by the Irrigation and Revenue Departments of the Government of Rajasthan (GoR) be transferred to PHED. Public lands held by the GoR, Revenue Department, include those with the general designation of Revenue Lands and other areas specifically designated as Gairmumkin or Sivaichak. Gairmumkin lands are those historically allotted for roadways, generally former kutcha tracks, and reserved for that usage. Sivaichak are lands under Revenue Department jurisdiction that remain allotable. PHED must acquire these lands, for the BWSP, through intra-governmental transfer.

Public lands held by villages or other local governments include common grazing areas and other lands under Panchayat jurisdiction and lands under the jurisdiction of Gram Panchayat, the local authority. Where the project requires land under these jurisdictions, PHED will also have to effect its transfer.

Generally, the ownership of private lands owned by individuals is recognized by legal title, patta. PHED on behalf of the GoR under terms and procedures of the GoI Land Acquisition Act (LAA) 1894, as amended in 1984, will be required to take legal possession of all privately held lands for the project. In some cases PHED will also be required to acquire untitled private lands or common property with traditional usufruct rights through purchase by applying the same principles, provisions, and protections provided to title-holders by the LAA.

The following text briefly describes the major land acquisition considerations and requirements for the works under the BWSP. Additional details are provided in Chapter IV.

1.6.1 Water Treatment Plant The site selected for the water treatment plant is located near the water source, and pumping requirements for treated water have been minimized. The site is only suitable for marginal agricultural uses.

The proposed land acquisition has been kept at a minimal level, suitable for present needs and with provision for future expansions. Approximately 30.5 ha are proposed to be acquired, of which 4.4 ha is Government land and 26.1 ha is private land. All owners have been identified, the land is vacant, and resettlement will not be required.



The site is located adjacent to Surajpura Village, and has a potential for positive socio-economic impacts through providing employment opportunities for local residents, and other services for the WTP labor forces. Off-site development works will significantly improve road access and telephone communications to the village.

1.6.2 Water Transmission Mains The pipeline routing has been selected to ensure that land acquisition has been kept to a minimal level, consistent with economic evaluations of the alternatives, and suitable for present needs and future expansions. Right of Way acquisition has been limited to a 40 meter width which is the minimum requirement for the Phase 1 works, future expansions under subsequent phases, and construction of a service road. All pipelines, which run across private lands, will be buried, and the land outside the service road restored to its original condition.

The routing for the 8.4 km raw water pipeline between the Bisalpur headworks and the water treatment plant is generally running through barren, uncultivated land. There will be little to no impact on the current land use after completion. The route for the 97 km clear water pipeline has been selected so that about 79 km will be installed along an abandoned railway line, which has already been acquired by PHED, while the remaining 18 km will be routed across open agricultural land. Land acquisition requirements have been minimized to the maximum possible extent.

Approximately 81.6 ha of land will need to be acquired for the pipeline, of which 7.7 ha are Government land, 7.9 ha are Gram Panchayat (pasture) land, and 66.0 ha are private land. All land owners have been identified. Some dislocation or resettlement of project-affected persons will be required, but this has been kept to a minimum and adequate safeguards are proposed in this RP to minimize or mitigate any unavoidable social impacts.



CHAPTER II

2 MINIMIZING LAND ACQUISITION AND RESETTLEMENT

2.1 Feasibility Study

The Bisalpur Water Supply Project has been assessed as being the only viable solution for providing a reliable and sustainable water supply to Jaipur City, failing which the City will face deteriorating water quality and large scale water shortages in the near future. The challenge for the State Government is not if the project should be taken up, but when it should be implemented and how it can be implemented in the most economically feasible and environmentally and socially sensitive manner.

In view of this, the Government had commissioned the “Jaipur Water Supply and Sanitation Project Feasibility Study” which was completed by Safege Consulting Engineers in October 2000. Based on the recommendations of this study, the PHED has completed the initial planning and preliminary designs for the Bisalpur Water Supply Project.

Conscious efforts to minimize displacement and to avoid, reduce or mitigate rehabilitation requirements and other adverse social impacts were focused in the project planning and detailed engineering. The locations which have been adopted for the new water treatment plant and the transmission mains are in accordance with Safege’s recommendations, and have been assessed to have the overall minimum environmental and social impacts.

At the micro level, village and individual specific issues are currently being considered during final design of the systems to minimize any adverse impacts of BWSP; actions being taken include measures such as making marginal shifts in the alignment to avoid acquisition and demolishing of a homestead, well or irrigation unit. A major emphasis has been laid upon reducing the potential direct negative impacts of the project on both the social and the biophysical environment. The social and environmental components are being carefully addressed in the project design, along with technical and economic considerations. The major concerns include not only minimizing negative impacts - especially displacement - but also extending and enhancing positive impacts on the affected communities.

2.2 Mitigation Efforts

Land acquisition requirements have been minimized to the maximum possible extent consistent with the economic feasibility of the system. Adequate provisions have been incorporated into the planning and design of the water supply system to minimize or mitigate any unavoidable minor impacts that are a result of the works.

The mitigation efforts, which are being included in the project design, are concentrated on minimizing land acquisition and resettlement, and on enhancing the positive impacts of the BWSP. Some of these have been described in the preceding Chapter, but are repeated here for the reader’s convenience.

• Land acquisition is being kept to a minimum level, consistent with the technical requirements of the project. The land which is presently being acquired will be sufficient for both the present needs and future expansions of the treatment plant, pumping stations, reservoirs and transmission systems so that further acquisition will not be required in the future.



• The water treatment plant location near the intake station was selected keeping in mind the advantage of en-route supply as well as lower energy consumption related to the lower volume of water to be pumped up to Jaipur City. It is located on predominately flat, level, sandy ground, and the current land use is a mixture of uncultivated barren land and marginal farmland which is suitable for agriculture only when irrigated. The site is located adjacent to Surajpura Village, and has a potential for positive socio-economic impacts through providing employment opportunities for local residents, and other services for the WTP labor forces. Off-site development works will significantly improve road access and telephone communications to the village.

• The pipeline routing selected by PHED is the best of the eight alternative routes that were considered under the Safege feasibility study. The raw water pipeline (8.4 km) is being routed directly from the intake works to the treatment plant site, mainly through open barren land that is not suitable for cultivation. The clear water pipeline (97 km) follows an abandoned railway line for most of its length (79 km, already acquired by PHED) and results in the minimum possible social and environmental impact.

• A 40 meter wide right-of-way (ROW) is proposed to be acquired along the 18 km stretch through private and public lands, which is the minimum requirement for the present works and future expansions. The transmission main will be buried about 1 meter below ground and an all-weather access road will be constructed along the center of the ROW with a total width (carriageway plus shoulders) of 6 meters. Although a 40 meter ROW is to be acquired (for which compensation will be made) the land on either side of the access road will be restored to its original condition on completion of construction. The access road will be constructed at a suitable level so that it does not act as a barrier to crossing by people or livestock. The public will be permitted to use the access road for entrance and egress to their properties, and the affected persons (APs) will be granted non-transferable usufruct rights to cultivate the remaining agriculture land within the 40 m ROW or use it for grazing.

• PHED-BPIU agreed to reduce the width of the ROW where necessary to minimize resettlement effects. After laying the pipeline and constructing of the 6-meter service road, APS will be allowed limited access to cultivate the remaining portion of the 30- meter ROW.

• All possible efforts will be made during detailed design to protect wells/irrigation units/ structures, which are falling within the proposed construction zone from acquisition by shifting the alignments wherever this is desirable and feasible.

• Provisions will be included under the BWSP to supply potable drinking water to water deficient rural villages that lie along the pipeline route. This will address the felt needs of the affected communities, and will significantly improve the health and security of the residents in those areas which presently lack a safe water supply.

• The successful contractor will be encouraged to provide employment opportunities during the construction period, on a priority basis, to suitably qualified affected persons (APs) who have been identified under this RP. Similarly, PHED will be encouraged to provide employment opportunities to some of the APs during the subsequent operation and maintenance period after the project has been commissioned.

Based on the social assessments of the project, it is seen that some dislocation or resettlement of project affected persons will be required, but this has been kept to a minimum. Adequate safeguards are being proposed under this RP to minimize or mitigate any unavoidable social impacts.



CHAPTER III

3 RESETTLEMENT POLICIES & ENTITLEMENT FRAMEWORK

3.1 Involuntary Resettlement Policy of the ADB

The ADB policy and the draft R&R policy of the Government of Rajasthan which have been followed in the preparation of the resettlement policy for involuntary resettlement under the BWSP are discussed in this section.

The guidelines of ADB on resettlement are as follow:

3.1.1 Objectives and principles

1. Involuntary resettlement should be avoided or minimized where feasible.

2. Where population displacement is unavoidable, it should be minimized by exploring all viable project options.

3. People unavoidably displaced should be compensated and assisted, so that their economic and social future would be generally as favorable as it would have been in the absence of the project.

4. People affected should be informed fully and consulted on resettlement and compensation options.

5. Existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible, and resettlers should be integrated economically and socially into host communities.

6. The absence of a formal legal title to land by some affected groups should not be a bar to compensation; particular attention should be paid to households headed by women and other vulnerable groups, such as indigenous peoples and ethnic minorities, and appropriate assistance provided to help them improve their status.

7. As far as possible, involuntary resettlement should be conceived and executed as a part of the project.

8. The full costs of resettlement and compensation should be included in the presentation of project costs and benefits.

9. Costs of resettlement and compensation may be considered for inclusion in Bank loan financing for the project.

Generally, to meet the Bank’s policy to restore the economic and social base, people losing livelihood need three things: (1) compensation for lost assets and income; (2) transfer and relocation assistance; and (3) help to rehabilitate and restore their lives. Compensation at replacement rates would usually suffice if neither livelihood nor housing were threatened. The Asian Development Bank policies apply to all resettlement impacts, regardless of the numbers of people involved or the level of severity experienced. The policy introduces the involuntary resettlement category A: “significant” means 200 or more people will experience major impacts, which are defined as (i) being physically displaced from housing, or (ii) losing 10% or more of their productive assets (income generating). Category A projects require a full resettlement plan.



3.1.2 Fair compensation

Bank policy equates compensation to the “without” project situation, implying that replacement rates are required. People affected should be at least as well off after resettlement as they were before.

Replacement costs are equal to market costs plus transaction costs only if the markets reflect reliable information about prices and availability of alternatives to the assets lost.

3.2 Resettlement and Rehabilitation Policy of Rajasthan

The policy for Rehabilitation and Resettlement of persons displaced or affected by projects in Rajasthan, 1999, which is under consideration of Government of Rajasthan is as follows:

3.2.1 Broad principles

i. During project design and preparation, every effort should be made to minimize acquisition of land and other assets and reduce negative environmental and socio-economic impacts. Alternative project designs should be explored and screening exercise addressing these issues should be undertaken as part of project feasibility studies, in close coordination with environmental, technical, economic and other design criteria. There should be a realistic assessment of the requirements for land to be acquired.

ii. Copies of resettlement norms/rehabilitation policy for displaced or affected persons of a project, and also information of its salient features or its official Executive summary, will be provided to the local self-governing bodies. The report should be made available at least at Tehsil level (unless it is classified information) free of cost within 15 days of the first notification regarding taking up the project or the first notification under Section 4 of the Land Acquisition Act. Information about the Act, rules, procedures, project organization, resettlement norms/policy will be further disseminated to the project displaced persons (PDPs), project affected persons (PAPs) and non-government organizations (NGOs) through local organizations and voluntary agencies.

iii. After their relocation and resettlement all displaced families, as defined hereinafter, as well as families who are affected but not physically displaced, should regain at least their previous standard of living within a reasonable/specific time.

iv. Special care should be taken of the more disadvantaged families of Scheduled Caste (SC), Scheduled Tribes (ST), marginal farmers and small farmers as well as women, children and vulnerable persons like the old, disabled, handicapped, orphans and destitutes.

v. Resettlement includes rehabilitation.

vi. Both PDPs and PAPs shall be treated at par in matters of rehabilitation.

vii. The hardship of the displaced families involved in moving out from their present habitat to a new place and way of living should be avoided.

viii. The project beneficiaries should contribute towards providing relief to the PDPs and PAPs.

ix. There should be link between the pace of implementation of the Resettlement Plan and the project implementation.



3.2.2 Compensation and R&R

i. All PAPs as defined shall be entitled to rehabilitation and resettlement (R&R) besides compensation as stipulated hereinafter. PAPs who are not entitled for compensation for land and assets will get other R&R benefits if they are resident on the affected properties. Compensation will not be given to those PDPs/PAPs whose lands and properties are determined to not be required for the project during final design or selection of the alignment.

ii. The compensation shall be provided within the ambit of the LAA which, together with resettlement benefits, will provide replacement costs for the assets lost over and above the support during transition period.

iii. All losses, including loss of income, will be compensated within the overall R&R package.

iv. The value of the houses, buildings and other immovable properties of the PAPs including the PDPs shall be determined for the purpose of payment of compensation at the relevant B.S.R. No deductions shall be made on account of any depreciation so that the PAPs get compensation at par with replacement cost of their houses, buildings and other immovable properties.

v. Compensation must be paid in accordance with this policy before taking possession of the acquired lands and properties. If relocation of affected people is required, new housing arrangements must be made available before land acquisition takes place. If affected persons are eligible for additional rehabilitation and assistance, this shall take place without undue delay following land acquisition.

vi. While resettling, it shall be ensured that economically viable units of land are given to the families entitled for allotment of replacement land. All efforts will be made to allot land to an eligible PAP at one place.

vii. The suitability of agricultural land for normal agriculture should be ascertained prior to allotment of these lands to such persons.

viii. Necessary counseling shall be provided by the rehabilitation organization of the project in case of displaced persons who wish to purchase land/houses in the private land market. In such cases, the registration fee and stamp duty payable to the Government shall be borne by the project subject to limit of entitlement of a PAP.

Briefly, the State Government R&R policy provides for:

• Compensation for land that needs to be acquired;

• Compensation for the value of lost assets such as buildings, wells, trees, etc.;

• Compensation for loss of crops or other income generating activities; and

• Relocation assistance in cases where resettlement is required.

3.2.3 Previous norms for resettlement of PAFs

Prior to the R&R policy 1999, which is under consideration by GoR, norms for resettlement of PAFs, as approved by Irrigation Department, GoR, 1991 were followed for the purpose. These will be superceded by the R&R policy 1999, but for record purposes these were as follow:

1. The survey for payment of compensation for land would be done on the basis of record prepared by the settlement department (land record was finalized during settlement operations and updated periodically by GoR).



2. Valuation of land acquired will be done on the basis of rates prevalent for similar land in adjoining villages not coming under submergence, plus ex-gratia payment for wells or other types of structures. The compensation for land and wells, houses and other structures constructed on khatedari and gairmumkin land will be made and calculated on the basis of the value of such land and property prevailing on the date of publication of the notification under Section 4 Subsection (1) of the Land Acquisition Act. However, the minimum amount of compensation for houses after allowing for depreciation will not be less than Rs. 5,000/- including solatium and other charges payable under the LAA.

3. Compensation/ex-gratia payment for wells/land/plot (house site)/houses/other structures will be given on taking possession but four months time shall be allowed to the occupiers to settle on alternate house site/allotted land from the date of allotment of house site and payment of compensation for houses under Section 17/11 of the LAA, whichever is later.

The PAFs will hand over the land being acquired to the Government free from encumbrances, and any loan taken against this land shall have to be paid to their respective banks to get them released from mortgage. This amount should be deducted from the cash compensation to be paid to the PAFs and be paid to the concerned bank by the Government.

Since the PAF is to be given compensation at market price, the land will be allotted at a price to be determined by a committee formed by the Collector, which would consist of the A.D.D.O., District Agriculture Officer and a Revenue Officer to be nominated by the Collector. The rates finalized by this committee would be approved by the Collector and the Revenue Secretary.

3.3 Land Acquisition Act, 1894

Compensation against land acquisition is determined by authorities empowered under this Act of GoI, in accordance with LAA 1894. In determining the amount of compensation to be awarded for land acquired under this, the Court shall take into consideration:

1. The market value of the land at the date of the publication of the declaration Under Section 6 [or at the relevant date whichever is less];

2. The damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector’s taking possession thereof;

3. The damage (if any) sustained by the interested person at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, moveable or immoveable, or in any other manner, or of his earnings;

4. If, as a consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and

5. The bonafide damage (if any) resulting from diminution of the profits of the land between the time of the publication of the declaration under Section 6 and the time of the Collector’s taking possession of the land.

Under the provisions of the R&R policy, people recognized for the entitlements, different units and categories of affected persons, definitions used for compensation, entitlement matrix, etc., along with the guidelines for RP implementation, are described in the subsections below.



3.4 Unit of Entitlement

The unit of entitlement may be an individual, a household, a family or a community. Bank policy recognizes the concept of household as a unit for data collection and impact assessment. As a rule, the unit of loss should determine the unit of entitlement. However, if more than one person has customary rights to a resource (for example, common property), the compensation may be shared by all. Households headed by women are to be recognized and compensated equally with households headed by men. Widowed women or divorcees living within male headed households and having no legal rights to land may be considered as separate units for relocation purposes. Usually major children within the household are not eligible for full entitlements, but are compensated for any lost assets and assisted to restore any lost livelihoods.

Affected persons are defined as those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, communities, productive lands, resources such as forests, range lands, fishing areas, or important cultural sites, commercial properties, tenancy, income-earning opportunities, and social and cultural networks and activities. Such impacts may be permanent or temporary.

3.4.1 Definitions

A “family” shall mean husband, wife and minor children and other persons dependent on the head of the family i.e. widowed mother. Every major son will be treated as a separate family.

Project affected households (PAHs) are defined as groups of people living under one roof and maintaining one kitchen. Project affected households may contain more than one family. Most RP entitlements are provided at the household level, although some GoI and GoR programs provide entitlements on a family basis.

Project affected families (PAFs) as a unit for entitlement is also recognized under the RP. PAFs, as per GoR draft resettlement provisions, are defined to include:

• Karta (earning member with decision making authority), spouse (husband/wife), minor children, and others dependent on the family head;

• every major son (of age 21 years or above) irrespective of marital status and every major unmarried daughter (of age 18 years or above);

• divorced, separated, widow and deserted woman, having no source of livelihood;

• physically disabled and mentally handicapped persons, irrespective of age and sex;

• minor orphans who have lost their parents and are independent; and

• share croppers/holders if recorded as such in the record of rights (ROR).

Project affected persons (PAPs) are persons who have economic interests or residence within the project right of way (ROW) and who may be adversely impacted directly or indirectly by the project. Project affected persons include those displaced, those losing commercial or residential structures in whole or part, those losing agricultural land or homesteads in whole or part, and those losing income sources as a result of project action.

Project affected groups (PAGs) are groups or communities outside the immediate impact corridor or ROW that may be affected by the project. It focuses more on the vulnerable or weaker groups in a society.



The policy defines vulnerable groups as the poorest, those without legal title to assets, households headed by women, indigenous peoples, ethnic minorities, and pastoralists. There may be other groups, such as isolated communities, the disabled or those unable to work, or those left behind when the majority of their community becomes eligible for relocation. Bank policy specifies that “where adversely affected people are particularly vulnerable, resettlement and compensation decisions should be preceded by a social preparation phase to build up the capacity of the vulnerable people to deal with the issues.”

Recognizing customary and common rights to assets and resources is important for compensating indigenous peoples. Similarly, recognizing the ownership or use rights of women is important in calculating compensation. Preparation of measures to restore livelihoods and living standards requires careful assessment of social and economic practices, and close consultation with indigenous or otherwise vulnerable groups.

3.4.2 Squatters and encroachers

Legal boundaries and property rights concerned with public and private land have great essence, both for the project land acquisition requirements and the provisions of this RP. Project-affected private landowners are entitled, under law, to fair compensation. Displaced squatters and encroachers are entitled, within the RP, to support and assistance.

In cases where Government is unable to prove ownership and residents can demonstrate legal title, proper compensation under law must be paid to those losing land or assets. Where Government is unable to prove ownership and residents lack title, the presumption must be that the land is not the Government’s. In these cases compensation must be paid to those displaced or affected whether or not they possess title and they should not be categorized as squatters or encroachers. Squatters (in urban or rural areas) and encroachers (into forest or farmland), if they have arrived on unused or under-used land before the entitlements cut-off date, are eligible for compensation for any structures, crops or land improvements that they will lose. The project could pay this as an equivalent amount of rehabilitation assistance if there are problems in paying compensation to those without legal title.

Except for two farmers who were cultivating vacant government land adjacent to their own parcels (and who acknowledged this), no squatters or encroachers were identified during the census survey. This will be re-verified during detailed design and implementation.

3.4.3 Indigenous peoples/ ethnic minorities

Indigenous peoples (IPs)/ ethnic minorities are defined as those peoples who are outside the mainstream of society and who may therefore be uniquely disadvantaged, differentially affected, disproportionately and/or made uniquely vulnerable to the project impacts, and who often lack formal representation. In cases where IPs may be affected by the project, special consideration needs to be given under the resettlement plan to recognize their customary land rights and usage, and to develop socially and culturally sensitive means of minimizing the impacts, restoring their sources of livelihood, and preserving their cultural identity.

3.4.4 Very poor

The challenge for the very poor may be to identify sustainable living and income-generating options that are acceptable and workable for them. The very poor might not have assets for compensation or income for restoration. A special fund might be established to help the very poor.

3.5 The Entitlement Matrix

Based on analysis of the impact of the project and the eligibility policies, an entitlement matrix has been developed based on categories of affected persons (APs) according to their losses and entitlement benefits. The matrix proposes eligibility and payments for all kinds of



losses (e.g. land, housing, businesses and other income sources, temporary loss of income, displacement and moving costs) and sets standards for compensation.

Since the Bank’s policy objective is to at least maintain the level of living under the “without-project” situation, a strategy for enabling APs to maintain their former standard of living needs to be linked to what the APs have lost. The entitlement matrix provides information on the policy for compensation and rehabilitation.

The components of the RP compensation and assistance package are the set of GoR or project entitlements that those affected by the project will be eligible to receive. The Entitlement Matrix which is presented in the following Table 3.1 outlines the types of acquisition-caused losses (land, shelter, livelihood), the various categories of APs as per the Gazette Notification/ Enumeration, and the various entitlement options. The following entitlement options will ensure that immediate compensation and/or assistance is able to assist the APs in relocation and rehabilitation:

• Counseling to all APs regarding their entitlements under this RP, and the ways and means of minimizing the negative impacts of the project, through local NGOs and village level R&R committees.

• Cash and/or land-based compensation for land or asset losses at market/ replacement value as per the Land Acquisition Act, established norms of the GOR and ADB guidelines, based on both i) land values as established by the revenue department, and ii) land and asset surveys.

• The project resettlement policy specifies that true market or replacement value of private land to be acquired and lost assets will be provided to project-affected persons. Compensation which will be paid by the PHED/Revenue Department (based on land rate approved by DLC) is based on the market value as verified through the most recent land transfer records for similar types of land in the affected area, along with detailed surveys of the affected land and assets. A solatium of 30% of compensation value is added to the government compensation, and interest @12% per annum will be paid to the PAP from the date of issuing notice for LA. Accordingly, the basic cost of land acquisition is estimated, as mentioned subsequently on section 9.2.1.

• House construction grants and relocation subsistence allowances for the full duration of disruption and re-establishment.

• Restoration of pre-project income levels through both land-based and non-land based income generating capacities and opportunities.

• Vocational training for income generating activities; subsidized inputs for agricultural and livestock production.

• Temporary or short term employment in civil construction activities, and long term employment options in operations and maintenance of the water supply assets.

• Special relocation assistance to vulnerable groups such as women, indigenous people, the aged and the disabled. Priority consideration for IPs and below poverty level (BPL) families, and the most adversely affected small and marginal farmers.

• Assistance to facilitate access to other Government or privately sponsored social benefit schemes for eligible individuals. This will include poverty alleviation programs such as the District Poverty Intervention Programme (DPIP), famine relief work, SGRY, TRYSEM, DWARCA, etc., that are being implemented by GoR, as well as to



other rural development programs that are being executed by revenue, irrigation, agriculture, small scale and cottage industries, and other departments.

• Assistance to facilitate access to income generating loans, subsidies and/or micro credit facilities for self employment to help in establishing a viable economic base for the PAPs.

• Priority consideration to vulnerable groups, IPs, BPL families and small and marginal farmers for the land-for-land compensation option (where feasible).

Table 3.1: Entitlement Matrix

S. No.

Type of Impact Entitled Person as per Gazette Notification/Detailed Enumeration

Entitlement Options

Loss of Land Title holder a) Cash compensation for land and assets at

market/replacement value as per Land Acquisition Act. or

b) Land for land with equivalent production potential, subject to availability.

With valid title

Vulnerable titleholders including old age/ handicapped/ widow/ IP and BPL families.

a) Priority consideration for land for land with equivalent production potential, subject to availability. or

b) Cash compensation for land and assets at market/replacement value as per Land Acquisition Act.

Tenant/share-cropper or lease holder

Individual with proof of tenancy

Cash compensation for unexpired tenancy/share-cropping/lease.

1.

Encroachers who have resided at the site for over one year prior to Notification

Occupant Cash compensation for the loss of one-year crop income from the land.

2. Left over land too small to cultivate

Title holder a) Acquisition and cash compensation for left over land. or

b) Land consolidation and re-adjustment with contiguous parcels.

Title holder/ head of household

a) Compensation for new construction costs as per valuation by the concerned authority.

b) Permission to dismantle the structure and remove it.

c) Cash compensation for transportation of family assets and other inconveniences.

3. Loss of residential structure Valid title/Legal Occupant Women headed

households/ elderly/ handicapped/ IPs/ BPL families/ other vulnerable groups

Assistance in relocation in addition to 3 (a), (b) and (c) above.



Squatters Occupant a) A lump sum grant for shifting to an equivalent habitable area with low cost materials (equivalent cost of present structure) including cost of transportation for building materials (less salvage materials) and other inconveniences to ensure that they are not worse off.

b) Permission to dismantle the structure and remove it

4. Loss of livelihood/ trade/ occupation

Individuals, including affected agricultural wage laborers.

a) Assistance for starting income generating activities and transition allowance.

b) Priority consideration for employment during the construction period.

c) Priority consideration for employment at the new water treatment plant and other facilities after commissioning of the Bisalpur Water Supply Project scheme.

5. Loss of standing crops/ trees

a) Title holder b) Tenant/ lease

holders

In either case, compensation for the actual loss of crop/trees will be paid as per Land Acquisition Act

6. Loss of well or other irrigation facilities/ immovable assets

a) Title holder b) Tenant/ lease

holder

a) Cash compensation for new construction costs as per valuation by the concerned authority or


7. Loss of economic security for vulnerable persons

Women headed households/ IPs/ BPL families/ unemployed youths/ elderly/ handicapped/ other disadvantaged groups

a) Vocational training for income generating activities.

b) Assistance to access other Government, NGO and/or private sector social benefit schemes.

c) Assistance to access income generating loans, subsidies and/or micro credit facilities for self-employment purposes.

d) Priority for employment during construction and after commissioning of the BWSP scheme.

3.6 Project Impact and Entitlements

The RP provides resettlement policies and mitigation measures for social and economic losses induced by the project to affected persons, communities, groups and households. It is not only limited to physical relocation, but also addresses the development induced impacts caused by the project. The most direct and immediate impacts are those associated with project construction, which are caused due to loss of land, shelter, and/or other assets within the project’s ROW.

The RP provides a comprehensive package of compensation and assistance in the form of mitigation measures for PAPs, PAFs, and PAHs, legally entitled under Indian law and the policy framework adopted under the BWSP. It provides mitigation for-

• Loss of assets, including land and house or work place;

• Loss of livelihood or income opportunities; and

• Collective impacts on groups, such as loss of community assets, common property resources and others.



3.6.1 Support principles for categories of impacts

The RP addresses the entitlements and assistance actions covering major social and economic losses due to project. Entitlements are defined in the entitlement framework; these entitlements and the support guidelines governing them are given here.

3.6.1.1 Entitlements for project affected households (PAHs)

The RP recommends provision of several compensation and assistance and support mechanisms to those people who are losing their productive land, house plots, business locations and/or other immovable assets such as dwellings, commercial structures, wells and trees. The entitlement unit for such assistance is the family unit or project affected household, sometimes consisting of more than one PAF. If a household asset is to be taken, the family - as a collective unit - will be “entitled”. Head of the household will receive the compensation and the entitlement of new land or structures will be given both in the name of husband and wife.

Assets of the affected household will be valued at their replacement costs, defined as the amount required for purchasing in the open market. PAHs will also be entitled to get the shifting allowance, rights to salvage building materials, and counseling on alternative assistance.

The starting point for these entitlements is the LAA under which title-holders are awarded compensation for property, structures and other assets, such as crops, surrendered to the project. The Act requires compensation to be at market value. The Indian Land Acquisition Act stipulates that additional compensation known as solatium (30%) is to be paid on top of the registered value of land and other assets. A market survey to assess the value of land and assets was carried out to objectively establish the real replacement cost of private land required and acquired for the project to determine whether additional assistance will be necessary to reach real value.

In case of loss of home and shelter the RP ensures the availability of a new building before people are required to relocate. The RP provisions assure minimum disruption and local support networks to assist affected households in relocating away from the project ROW.

The RP provides eight general compensation and assistance programs to be provided to the PAHs to cover loss of land and other assets. These are:

1. Consultation, counseling regarding alternatives, and assistance in identifying new sites and opportunities.

2. Compensation for land at replacement cost, plus allowances for fees or other charges. Registered titleholders will be eligible for this compensation, whereas squatters, encroachers and tenants will not be eligible for compensation. Titleholders under vulnerable groups will also be eligible for other support mechanisms. All fees, taxes and other charges incurred in the relocation and re-establishment of Affected Households (AHs) will be met by the project.

3. Advance notice to harvest non-perennial crops, or compensation for loss of standing crops.

4. Compensation for perennial crops and trees.

5. Replacement or compensation for structures or other non-land assets.

6. Right to salvage materials from existing structures.



7. Option of moving to resettlement sites, or clusters, incorporating needs for shelter and livelihood.

8. Shifting assistance.

3.6.1.2 Entitlements for project affected persons (PAPs)

RP addresses the several actions and support mechanisms for the PAPs and PAFs displaced under the project and losing livelihood and income sources. The eligible basic unit of entitlement in such cases will be the adult individuals, both men and women, as project-affected persons (PAPs). All adult members of households affected in this way will be eligible persons for this support and for this reason there may be more than one person eligible in each household. In some cases, this assistance will be provided through government programs that provide support on a family basis.

A typical common loss to a few families may be land becoming unviable for cultivation or severe impact in case of formerly resettled families who have constructed houses over the allotted land in Ladpura village and who will be losing their land parcels under the Surajpura water treatment plant component. Cash compensation and other assistance to be provided to these PAPs will be sufficient to buy productive land so that they could improve their livelihoods. PAPs will be given preference over local people in labor work for construction, operation and maintenance of the facilities. The successful contractor will be encouraged to offer employment opportunities to eligible PAPs and local people who possess the necessary skills and abilities.

Alternative employment strategies or income generating activities will be adopted for those who will be unable to pursue their present occupations as a result of land acquisition under the BWSP. Priority for employment generated through the project works, such as construction or maintenance, will be given to project affected people. Longer term earning opportunities will be provided through strategies such as vocational training, employment counseling and inclusion in income generating schemes, and providing access to credit.

Additional support mechanisms will be made available to vulnerable groups to help re-establish or enhance their livelihood through existing government employment programs. The RP provides three general assistance actions for loss of income and livelihood to affected persons (APs):

1. Rehabilitation and assistance for lost or diminished livelihood.

2. Additional support mechanisms for vulnerable groups in re-establishing or enhancing livelihood.

3. Employment opportunities connected with the project, to the extent possible.

3.6.1.3 Entitlements for project-affected groups (PAGs)

According to the ADB’indigenous peoples policy, GoI policies, and provisions of the GoR draft resettlement policy special attention is to be directed under the RP to developing assistance and support mechanisms that are culturally appropriate to the affected tribal groups.

Indigenous Peoples (IPs), including tribal communities and other ethnic groups, will not be disproportionately or differentially affected by the project; that is, indigenous people will not be affected as “people”. Although the Meena tribal group does constitute a small fraction of the PAPs (47 families), the Meenas are fully integrated into the mainstream society and do not have any distinct identity, either as individuals or as a group, which would make them vulnerable to being uniquely disadvantaged as a result of the proposed project. Therefore,



the resettlement, income rehabilitation and indigenous peoples’ requirements have been fully integrated into the entitlement options available under the RP, and a separate Indigenous People’s Development Plan was not prepared for this project. Small shrines which are to be acquired shall be improved and restored.

3.6.1.4 Targeted support to vulnerable groups

Compensation and assistance components of the RP package are tailored and targeted to vulnerable groups, which include poor (i.e. below poverty line) families having incomes of less than Rs. 24,000/year, scheduled tribes and castes, ethnic minorities, women-headed households, widows, children, and the elderly and the disabled. These will receive special attention under the RP and will be provided with more options and support mechanisms than other non-vulnerable groups.

3.7 Options and Choices

For those losing substantial amounts of land, or where loss of land threatens the economic viability of the household, replacement land of equal or better productive value will be offered as an option to them. The affected population will be counseled to enable them to choose among the available options, particularly in the case of vulnerable group PAPs. Vulnerable group will be encouraged to choose those options of low risk.

By allowing people to choose among different options, the project will seek to make people active participants in the development process, and to achieve greater acceptance of the project.

3.7.1 Project entitlements

Detailed project entitlements under the RP compensation and assistance packages are discussed in the following subsections.

3.7.1.1 Consultation and counseling

All the eligible PAPs will be consulted and counseled on the project entitlements. They will be made aware about the process and procedures to be adopted for the allocation of compensation and assistance. Village level meetings will be conducted by the village level R&R committee and NGOs/CBOs during the implementation of RP, and all the PAPs will be invited to such meetings. Information will be disseminated through formal and informal methods, including advertisement or other methods of communication effective in the local situation. The purpose of such meetings will be to inform the PAPs about the entitlements to which they are eligible and, where warranted, to advise and help them to identify new vocational opportunities and/or relocation sites. For vulnerable groups like women, handicapped persons, etc., additional separate meetings will be conducted if required.

3.7.1.2 Compensation for land

The Record of Rights (ROR) will be the basis for compensation for land to those who are losing their land. Compensation for land at replacement cost will be made through cheque into a joint bank account of husband and wife. Affected Persons (APs) will be paid by government under the LAA and supplemental project-provided assistance will be given to them. The project will bear all fees, taxes and other charges incurred in the process of compensation and subsequent relocation and re-establishment of affected households.

The affected household will be termed adversely affected if the remaining portion of land is below the holding size which is economically unviable for the cultivation. Land for land will be



offered to affected households in case of total or adverse loss, if feasible. However, given the limited land availability this option may not be feasible. It may happen that the land allotted by government of Rajasthan is not nearby to the affected zone or may not be of good quality due to which PAPs may reject this option. Here the role of BPIU/district/block and village R&R committees/CBOs and NGOs in consultation with District Land Purchase Committee will assist the PAPs to purchase land of their own choice. The project will bear all taxes, fees and other charges as applicable under law.

The Project will impart training for skill development and pursuing alternative employment to the PAPs who wish to shift to other agricultural or non-agricultural vocations to restore their lost income/livelihood.

3.7.1.3 Housing options

The RP has the provision for all PAHs to voluntarily choose the site for their relocation. In cases of group relocation affected households will be offered the option of shifting to resettlement sites, which incorporate provisions for shelter and livelihood. PAHs will also retain the option of voluntary relocation to self-chosen sites. Those PAFs who will be losing their homesteads due to land acquisition at Tordi village have opted for self-construction of their houses.

3.7.1.3.1 Resettlement sites

The best option for resettlement is no relocation. However, when relocation of APs from their homes is unavoidable this should be reduced or minimized as much as possible by weighing alternative options for the main investment project. On-site relocation is possible when the number of APs is limited and when the remaining land area is large enough to accommodate construction of a replacement shelter. On-site relocation will not affect the existing socioeconomic setting and social organization of the affected population because APs move only a very short distance.

During the socio-economic survey it was found that only 2 homestead structures under acquisition at Tordi village would require relocation. PAPs at one location in Tordi were specifically consulted about their preferences for relocation and choice of area for resettlement. They have chosen the option of self-relocation on sites of their own choice i.e. close to their present locations. No major relocation will be required under the BWSP.

In the cases of 16 PAFs losing all of their agriculture land and 6 PAFs losing more than 75%, relocation may required depending upon whether they finally chose to accept compensation in the form of cash or land-for-land. Consultation and consent of PAFs about their compensation option is suggested.

3.7.1.3.2 Access to housing schemes

Project Affected Households (PAHs) belonging to vulnerable groups are eligible for existing housing schemes like Indira Awas Yojana (IAY), which is being implemented by GoR for the economically weaker sections (EWS) of the society. Displaced below poverty line (BPL) families are entitled to get loan of Rs. 30,000 under the IAY and non-BPL families can get a loan of Rs. 100,000 for house construction.

PAHs who will be losing their entire house are entitled, over and above compensation, to rehabilitation assistance like free homestead land equal to the area lost, or a maximum of 25-35 sq m under low income group (LIG) housing schemes for families above poverty line, or 15-25 sq m under EWS housing schemes for BPL families, whichever is less. Households experiencing partial loss of residence where the remaining house is viable are entitled for compensation for the lost structure at market value. Households losing smaller structures or



facilities such as boundary walls, sitting places, cattle sheds, pump houses, well, ponds, etc. will be similarly compensated at replacement value for these losses.

3.7.1.3.3 Rights to salvage

A right to salvage the materials from demolished private structures or the portion to be demolished is given to all the PAHs including squatters and encroachers.

3.7.1.3.4 Shifting transition/assistance

Rehabilitation assistance to households losing their residential structures will be provided in the form of a maintenance allowance of Rs. 2,000 per month for one year, which will include Rs. 1,666 (official poverty line) and 25 percent inflation. In addition, rental assistance at the rate of Rs. 500 per month for 6 months will be provided against alternative accommodation until replacement housing is available. All displaced households will receive a shifting allowance of Rs. 600 to move their belongings to new residential or commercial sites. Shifting allowances will be given to tenants and squatters as well.

3.7.1.4 Compensation for crops and trees

Advance notice to harvest standing crops on the acquired lands will be issued to all PAHs, including encroachers on Government land. In case of a failure to issue sufficient prior notice, compensation at double the market price will be paid. Compensation to households for loss of trees and perennial crops will be calculated as the capitalized value, i.e. the net present value of future production at a discount rate of 12% per annum.

3.7.2 Lost or diminished livelihood

Entitlements against lost or diminished households that will be delivered by RP in form of compensation and assistance are as follows:

3.7.2.1 Rehabilitation and assistance

Alternative economic rehabilitation measures, and associated training for upgradation of skills, will be imparted to PAPs who are losing their sources of income. PAPs losing their only source of income and those from vulnerable groups will be additionally assisted on a case by case basis and may be provided support equivalent to six month’s income to compensate loss.

The project will provide information and access to various Government and NGO programs such as poverty alleviation programs (District Poverty Intervention Programme (DPIP), famine relief work, SGRY, TRYSEM, DWACRA, etc.) that are being implemented by GoR, as well as to other rural development programmes that are being executed by revenue, irrigation, agriculture, small scale and cottage industries (Khadi department) and other departments. Assistance will be provided to PAHs to access income generating loans, subsidy, and/or micro-credit for self-employment to help in establishing a viable economic base for the PAPs.

3.7.2.2 Resettlement grant

Every resettled family should be given a resettlement grant of Rs. 1,500/- for resettlement within the district.



3.7.2.3 Support for vulnerable groups

PAPs from vulnerable groups will be provided access to income generating schemes, vocational training, existing government housing programs, and other development and poverty alleviation schemes of the Government of India and Government of Rajasthan.

3.7.2.4 Common property resources

Accessibility to common property resources such as pastureland, fodder, etc. will be restored and improved upon through the Gram Panchayat of the concerned village(s). Tree and shrub loss in the ROW will also be mitigated by plantations in consultation with affected communities.

3.8 Delivering RP Entitlements

The RP adequately incorporates the principles and procedures for catering to entitlements, design of planning and implementation mechanisms, and provision of required resources to deliver the compensation and assistance to PAPs, PAHs and PAGs. This RP also mitigates the impacts identified during the social assessment and detailed field study carried out for the project. Specific project entitlements which are recommended to be provided to different categories of PAPs are summarized in the following Table 3.2:

Table-3.2: Detailed Project Entitlements Categories Type of Loss Rajasthan BWSP Project Entitlements

A. Agriculture land and other assets

If the residual plot(s) are not viable for cultivation the following options should be given to the entitled household: • Cash and/or land-based compensation for land or asset

losses at market/replacement value as per the Land Acquisition Act, established norms of the GoR and ADB guidelines, based on both i) land values as established by the revenue department, and ii) land and asset surveys. Cash compensation will also include a payment of 30% solatium on the assessed value + payment of 12% interest per annum from the date of notification to the date of award or taking possession.

• Entitled households may elect to either retain ownership of residual portion and receive compensation, as above, for only the portion acquired for the project or to receive compensation, as above, for the entire plot for which full ownership of residual is not taken by PHED, giving EH usufruct rights thereon, which may be transferred to PHED with notice of six months.

Assistance in finding suitable alternative land from RP implementing agencies, i.e. PHED, RUIDP, etc. All fees, taxes and other incidental charges and damages, as applicable under relevant laws, accrued in relocation and resource establishment to be borne by the project.

Private property

1. Residual land is economically unviable

Alternative Economic Rehabilitation Scheme and training for the same if required.



Cash and/or land-based compensation for land or asset losses at market/replacement value as per the Land Acquisition Act, established norms of the GoR and ADB guidelines, based on both i) land values as established by the revenue department, and ii) land and asset surveys. It will also include a payment of 30% solatium on the assessed value + payment of 12% interest per annum from the date of notification to the date of award or taking possession. In case of severance of the agricultural land, an additional grant of 10% of the amount paid for acquisition of the ROW, or else acquisition of the left-over portions of the entire parcel.

2. Residual land is economically viable

All fees, taxes and other incidental charges as applicable under laws to be borne by the project.

B. Loss of residential land/ structures

Compensation for land or asset losses at market/replacement value as per the Land Acquisition Act, established norms of the GoR and ADB guidelines, based on both i) land values as established by the revenue department, and ii) land and asset surveys. If acquisition leaves EH with less than recommended unit and property size for their income group, there are several options to be given to the entitled household: • Compensation at assessed replacement value. • A house site equal to the area lost or maximum of 25-35 sq

m, whichever is less. • House construction loan of Rs. 100,000 for lower income

group (LIG) scheme or Rs. 30,000 for economic weaker section (EWS) housing scheme.

• Assistance in accessing housing schemes or other targeted support for vulnerable groups to assist in reestablishing homes.

Shifting allowance of Rs. 600. Maintenance allowance of Rs. 2,000 per month for a year. Right to salvage material from the demolished structure.

1. Remaining structure unviable

Option of housing in resettlement sites in cases of cluster relocation. Compensation for lost land at assessed replacement value. Compensation for lost portion of structure at assessed market value or replacement cost.

2. Remaining structure viable

Right to salvage materials from the demolished portion of the structure. A grant equal to 6 months lost income/or to be dealt on case to case basis. Assistance for starting income generating activities. Priority consideration for employment during the construction period. Priority consideration for employment at the new water treatment plant and other facilities after commissioning of the BWSP.

A. Losing only source of income

Alternative economic rehabilitation scheme and training for the same if required. Harvesting of standing crops will be allowed.

Livelihood

B. Non perennial crops

If standing crops are lost due to forced relocation prior to harvest, twice the cost of market value of the crops be paid.



C. Perennial

crops Compensation for perennial crops equal to the capitalized value (i.e., net present value of production of such crops, at a discount of 12% per year). Will not be entitled for any compensation for land but will be compensated for the structure and other lost assets at assessed replacement cost. Encroachers on agriculture land will not be entitled for any compensation for land, but will be given advance notice for harvesting of standing crops. Right to salvage materials from the demolished structures

A. Encroachers

Will be assisted, case by case, according to household incomes and existing assets (including ownership of viable plot of land) in cases fulfilling both of the following conditions: • Not owning the land adjacent to land encroached; and • Being a member of a vulnerable group Squatters will not be entitled for any compensation for land but will be compensated for the structure and other lost assets at assessed replacement cost. Where squatters are from vulnerable group, they will be assisted case-by-case.

Illegal use of land

B. Squatters

Shifting allowance of Rs. 600. Loss of community infrastructure

A. Common property resources

Common property resources such as access to water, fodder, fuel wood, etc. will be restored and improved. Loss of fuel wood, for example, will be compensated by involving the communities in social forestry schemes, in coordination with the Department of Forest, wherever possible and loss of fodder/grazing land by finding out alternate grazing land nearby by Gram Panchayat.

B. Women’s needs

Women’s needs, particularly related to location of sources of water and fuel wood, will be provided for through, for example, provision of additional well/hand pumps, if applicable.

B. Disabled persons

The project will maintain and improve, where possible, access and opportunities for disabled and will include an audit of design and construction phase plans by knowledgeable experts to enhance incorporation of appropriate measures.

C. Tribals and ethnic groups

The project will give priority to IPs for land-for-land based compensation options; vocational training for income generating schemes; assistance to access other Government, NGO and/or private sector social benefit schemes; assistance to access income generating loans, subsidies and/or micro credit facilities for self employment purposes; and priority for employment during construction and after commissioning of the BWSP scheme.

D. Labor camps/Host communities

The project will include provisions to enhance health, safety and work condition of migrant labour groups involved in project construction and to promote positive impacts on impacted host communities, and will provide training and assistance for starting alternative income generating activities.

The project will include provision for priority consideration for employment opportunities in the project for local residents; particularly those project affected persons from vulnerable groups.



CHAPTER IV

4 CONSULTATION AND PARTICIPATION

4.1 Introduction

Asian Development Bank policy states that, “affected people should be fully informed and closely consulted on resettlement and compensation options”. Consultation with APs is the starting point for all activities concerning resettlement. People affected by resettlement may be apprehensive that they will lose their livelihoods and communities, or be ill prepared for complex negotiations over entitlements. Participation in planning and managing resettlement helps to reduce their fears and gives APs an opportunity to participate in key decisions that will affect their lives.

Resettlement implementation without consultation may lead to inappropriate strategies and eventual impoverishment. Without consultation, the people affected may oppose the project, causing social disruption, substantial delay in achieving targets or even abandonment, and cost increases. Negative public and media images of the project and of the implementation agency may develop. With consultation, initial opposition to a project may be transformed into constructive participation.

The significance of people’s participation in any project from planning to implementation process is well recognized by GoR. Accordingly, this social assessment has been undertaken for the Bisalpur Water Supply Project to support the PAPs and encourage public participation. The social assessment formulated a participation and consultation strategy with stakeholders and identified key social issues during the initial social assessment (ISA) study, which was completed in December 2002. It included socio-cultural analysis and specifically addressed the issues of how poor and vulnerable groups may benefit from the project. The consultative work carried out during the ISA study has been further carried forward during preparation of this RP during May and June 2003.

4.2 Identification of Stakeholders

Stakeholders are those who have a direct interest in project development, and who will be involved in the consultative process. The first step in developing plans for consultation and participation is to identify the primary and secondary stakeholders. Primary stakeholders include the people affected, the beneficiaries of the project, the host populations at any planned resettlement sites, and the implementing agency. Secondary stakeholders are other individuals or groups with interest in the project, such as local or national government, policy makers, advocacy groups, elected officials, and NGOs.

PAPs of BWSP enlisted in the Gazette Notification issued on February 5, 2003, by the GoR enabled the consultant to identify the project-affected persons and analyze their general social characteristics (see Gazette Notification in Annexure XII for details). This analysis guided development of a public participation strategy, and other consultative activities with stakeholders, especially the ethnic communities and vulnerable groups like SC/ST, Below Poverty Line, woman headed households, widows, handicapped persons, etc. Information about vulnerable groups and welfare schemes available to them with government departments like revenue, social welfare, block development office etc. were procured.

Consultations were held with both primary and secondary stakeholders. Primary stakeholders include PAPs, project beneficiaries, and project implementing agencies like



RUIDP/ PHED/ BPIU and local officials. Secondary stakeholders like line departments, NGOs and others were consulted during the field work in May and early June 2003.

4.3 Public Consultations

Information sharing is the first principle of participation. It has been found that involuntary resettlement generally gives rise to severe problems for affected population. Such problems can be minimized if, as part of a resettlement program, people are informed and consulted about the project, their situation, and preferences, and are permitted to present their choices. It relaxes the affected population from the feeling of insecurity and reduces the chances of resistance to the project which otherwise are likely to occur.

Information about the project was disseminated to project affected persons and other stakeholders orally in personal and group meetings, which are effective in the prevailing social situations in the field. Information dissemination was also taken up by distributing information leaflets describing the main features of the project, findings of the ISA, and objectives of this SIA and RP.

Their view points about R&R issues were solicited verbally as well as in writing and have been addressed in this RP. However, no comment in writing was submitted to RUIDP until the completion of this report. Leaflets circulated to the PAPs and local villagers were prepared in Hindi language (copy of English version is enclosed in Annexure-I). The affected population and other stakeholders were thus informed and consulted during preparation of this RP. PAPs participated actively in the public consultations organized during the Census and socio-economic survey.

Information dissemination about the project along with identification and recording of the public and PAPs views on the Resettlement Plan were the overall goals of the consultation program. Both formal and informal consultative methods including PRA, in-depth interviews with key informants, focus group discussions, and structured schedule techniques have been used during the consultation process.

The consultation program was conducted at different levels and included:

• Villagers;

• Village Panchayat representatives;

• Major project stakeholders;

• Women groups, tribal and ethnic communities;

• Heads of households likely to be impacted;

• Households members;

• Individual PAPs and clusters of PAPs;

• Local voluntary organizations and NGOs; and

• Government agencies and Departments.



4.3.1 Information dissemination

BPIU will design an intensive information dissemination campaign for PAPs about RP implementation. This will be executed by district/block/village R&R Committees and partnering NGOs and CBOs.

Besides the informations about the main components of RP, the entitlement matrix, grievance redress mechanism, and compensation and other assistance packages will be disclosed to all affected persons in Hindi / Rajasthani prior to detailed design. Copies of the updated resettlement plan will be given to village Panchayat offices prior to RP implementation.

4.3.2 Village level consultations

The R&R team carried out local village and hamlet level consultations with PAPs and other stakeholders, particularly including women and other vulnerable persons affected by BWSP. Efforts were made to contact each and every PAP. More than one focused group discussion was held in every village. The size of the groups varied from 7-10 persons so that every participant could have a chance to express their views on the project and more information could be generated. Group discussions were conducted separately with women.

At the village-level, PAPs, PRI representatives, revenue officials, etc., were consulted. Participatory Rural Appraisal, key informants, focus group discussion and interview schedule, and other consultative and assessment techniques were employed to gather information on wider canvass. During the process efforts were made to:

• Understand views of the PAPs and people affected by BWSP;

• Identify and assess all major economic and social characteristics of the village to enable effective planning and implementation; and

• Understand issues relating to effects on private, public and community property resources.

This community consultation process was carried out with people in all affected villages and their hamlets, namely Thadoli, Surajpura, Ladpura, Pradhan colony, Sambhu Nagar (in Todaraisingh block) and Ghati, Tordi, Chandsen and Bhipur (in Malpura block) in Tonk District, Rajasthan. The R&R team held meetings and consultations with the NGOs (although very limited) working in the project area.

A brief profile of the participants in focused group discussion in each affected village and details about the officials, GoR, are provided in see Annexure-II of this report.

4.3.3 Indigenous Peoples

The R&R team members, consisting of local experts, directed special attention to vulnerable groups including tribal and ethnic communities, nomads and other marginalized population. Potential project impacts on tribal populations - namely Meena in Tonk district - were carefully considered. Consultations and other participatory approaches were employed with them during the social assessment.

As discussed under Section 3.6.1.3, there are no indigenous peoples, including tribal communities and other ethnic groups, who would potentially be disproportionately or differentially affected by the project. Although the Meena tribal people (47 families) do constitute a small fraction of the PAPs they are fully integrated into mainstream society and, in terms of ADB’s indigenous peoples policy, will not be affected either as individuals or as a



group. Therefore, a separate Indigenous People’s Development Plan was not prepared under the project.

Nevertheless, tribal and ethnic communities have been included, both as vulnerable groups as well as project-affected groups, under the project’s entitlement framework in which they are entitled to be accorded special attention and assistance during RP implementation. In this capacity, they are entitled to get additional culturally sensitive consideration which will also include assistance in establishing tenure security, advocacy and legal assistance in obtaining compensation and assistance entitlements as necessary.

4.4 Community Based Organizations (CBOs)

BPIU, with the assistance of partnering NGOs, will mobilize and motivate PAPs in the project-affected villages to help form local Community Based Organizations (CBOs) who can represent the PAPs before and during the rehabilitation and resettlement process. CBOs will be involved in the RP implementation.

4.5 Social Assessment

A full social impact assessment (SIA), as a follow up of initial social assessment (ISA), has been carried out during preparation of this RP, comprised of a detailed socio-economic assessment of about 20% of the PAPs, consultation with key informants in the area, and focus group discussions in the affected villages. The project’s social impacts and resettlement components include assessment of the social impacts of the project and development of appropriate mitigation plans as required. The assessments resulted in the preparation of social action plans governing project implementation and the resettlement and rehabilitation of those who may be displaced or suffer loss of assets and/or income as a result of the BWSP.

4.5.1 Impact perceived by the PAPs

The following sections describe the general perceptions (both positive and negative) and some of the major concerns that were expressed by the PAPs, public representatives, women groups, NGOs and other persons in the villages that will be affected by land acquisition for the Bisalpur Water Supply Project.

4.5.1.1 Positive Impacts

Several of the respondents expressed their hopes that the project will have the following positive impacts:

• Drinking water from the ground water sources is scarce and harmful due to excess fluoride content, particularly in Bhipur and Chandsen. Water is supplied on alternate days for 15 minutes and the hand pumps of the PHED are not sufficient to meet the needs of population. Drinking water, if supplied under the project, will help protect the population against water borne diseases and will benefit the population of the concerned villages.

• Access to improved road facilities, particularly in Ghati, Pradhan Nagar and Surajpura villages, will assist the residents to transport their agricultural products to market for sale, etc.

• Better transport facilities will be available with a better quality of road, resulting in less travel time and fuel savings.



• Employment may be available for a few of the local unskilled manpower/laborers, both during construction and after the facilities are commissioned.

• Service opportunities will be made available for a few local persons at the water treatment plant.

• New opportunities will arise for small shops, restaurants, etc., near the water treatment plant.

4.5.1.2 Negative Impacts

Many of the PAFs, however, also expressed concerns regarding the negative impacts of the project. Since these are individual perceptions, often made in the absence of reliable information, the observations are not always accurate, but the concerns which have been expressed will need to be taken into consideration during further planning and design of the project.

• The impact of the pipeline under the Bisalpur Water Supply Project is perceived to be negative by the PAPs in Thadoli, Sambhunagar and Pradhan Nagar villages. Although Bisalpur dam is nearest (3 km) from Thadoli, the villagers feel that they are being negatively affected instead of being the beneficiaries of the dam which has been constructed there.

• Villages located in another side of the hillocks are being benefited for irrigation, but not the neighboring villages under Thadoli Gram Panchayat.

• The PAPs stated that drinking water was not provided in the past to Ladpura village from the Ajmer and Todaraisingh water supply schemes, even though they are close to it at a distance of less than 3 km, and expressed concerns that there is no plan for water supply to their village under the Jaipur water supply scheme too.

• Even some families who had arranged to purchase land with a little saving from hard earned money of labor work will have their land acquired under the Project.

• People, particularly formerly resettled families from Bhateda and Baschhatra villages relocated in Sambhunagar and Pradhan Nagar respectively, have already been the losers from previous land acquisition programs. Now any land to be acquired - particularly from the small and marginal farmers - will further affect them a second time.

• Families whose land will be acquired for the Ladpura water treatment plant will also be affected a second time. Houses constructed for shelter are useless to them if their land, the source of livelihood, is acquired under the project. They will become landless and jobless, and will not be able to take up any other income generating activity because they are unskilled except for physical labor.

• One formerly resettled ‘Khatedar’ (title holder) was allotted 6.5 bighas (1.65 ha) of land at the relocation sites irrespective of the land size possessed by him earlier. A joint family consists of many married brother and their children with agriculture as the major source of income. The share of each brother’s family in agriculture land is very nominal and without any alternate employment opportunities some individuals will be compelled to migrate for their survival.

• Most of the PAFs perceive themselves to be adversely affected because of the land acquisition. Their agriculture economy and livelihood will be stressed.



• Land holding sizes, which are already small, will decrease further. Negative impacts on the land will be more on the small and marginal farmers. Small parcels of land, if divided due to construction of road under the Bisalpur water supply pipeline, will become economically unviable. Partial acquisition of small parcels of land will render the remaining land useless for agricultural purposes.

• It may be a small acquisition quantitatively, but any acquisition from a small plot of land for pipeline/road passing through will drastically affect its utility and agricultural products. In some places the wells, which are used for irrigation will be affected. This may result in forced migration in case of poorest families of the project affected villages.

• Roads along the pipeline will be of not much use in most of the villages, as roads already exist there.

• Land is costly and is not available nearby.

• A small parcel of land against land given as compensation to a small farmer at a distance may not be of any use. It is inconvenient to cultivate two pieces of land, which are separated by a distance, and this may not adequately compensate a PAF.

The following summarizes the major concerns of the PAFs regarding the potential negative impacts of the project:

• Loss of land including agriculture land.

• Decrease of agricultural yield.

• Non-viability for cropping by the small farmers.

• Land acquisition second time for some formerly resettled families.

• Loss of wells for irrigation.

• Loss of trees.

• Loss of kutcha and Pucca type house structures.

• Decrease in access to common property resources of pasture land.

• Inadequate or inappropriate compensation for the losses.

4.6 Mitigation Measures

Taking the above views into consideration, the Consultant recommends that the following mitigation measures be taken into consideration during design and implementation of the project (see Annexure-III).

• The first priority for new employment opportunities which will be generated during construction should be given to local people rather than to contractors who prefer to employ migrant laborers from Bihar and U.P. states. PAFs, in particular, should be given an opportunity to participate in the construction works.

• To minimize or mitigate the effect at Ladpura village it was suggested that the agricultural land (under Todaraisingh Panchayat Samiti) available nearby may be



allotted against the compensation to those PAFs who will be losing their land a second time. This is reported to be fertile land with a well and step well under it, but will require approval of the Panchayat Samiti.

• Another option of land for land compensation could be to allot land which is with the forest department. However, this would require prior approval of the forest department, which is extremely difficult to obtain.

• Cash compensation for land and assets at the realistic rates needs to be granted to the PAFs. This will likely require assistance by NGOs to PAFs.

• PAFs need to be compensated liberally by making them beneficiaries of SJSRY, poverty alleviation, IAY, nutrition, literacy and other development programmes. Vocational training programmes need to be organized for the affected persons and others in the affected villages.

• In cases where small parcels of land are being bisected by the pipeline, thereby making cultivation of the remaining land difficult or unviable, PHED should consider providing assistance to the farmers by purchasing adjacent lands and re-distributing these (land consolidation and re-adjustment).

• In cases where land acquisition results in a small “left-out” portion of a PAFs land holdings, which is not viable for cultivation, PHED should acquire the left out portion and make compensation for this.

• Priority should be given to employing unskilled and Class IV persons from the family members of at least some of the PAFs who will be losing all land at the water treatment plant site - and are being affected for the second time - for any new jobs that will be created at the water treatment plant.

• Extra precautions should be taken in laying the pipeline and constructing the access road on land, which belongs to small/marginal farmers.

• Construction during the cropping seasons should be avoided wherever feasible. If not feasible, adequate compensation should be provided in case there is any damage to the crops.

• Cattle should be allowed to graze above the pipeline in 34 meter land (6 meter wide road in total 40 meters ROW of project) after road construction and project work is completed.

• Farmers should be allowed to cultivate the land above the pipeline over the 34 meter wide strips after road construction and project work is completed.



CHAPTER V

5 CENSUS AND SOCIO-ECONOMIC SURVEYS

Successful development and implementation of the RP depends, to a large degree, on appropriate and accurate census and socio-economic surveys of the PAPs. The findings of such surveys are important for assessing and anticipating the potential impacts on the affected persons, and developing appropriate strategies to minimize these impacts. The following sections present the findings of the census and socio-economic surveys which were undertaken during May and June, 2003, and also review the findings of the ISA which was completed in December 2002.

5.1 Objectives

The objectives of the Census and Socio-economic Surveys are discussed below.

5.1.1 Census survey

A census is a comprehensive survey that covers all APs irrespective to entitlement or ownership (see Annexure-IV). It provides a complete inventory of all APs and their assets. It can be used to minimize fraudulent claims made by people who move into the area affected by the project in the hope of being compensated and/or resettled. Census survey carried out was aimed at:

• Identifying all project affected families, including property owners and tenants where applicable.

• Enumeration of PAPs, along with their land holdings and assets.

• Verifying and quantifying: land ownership; land types (classification) and areas to be acquired; land use entitlements; built-up assets; and other assets that will be affected by acquisition.

• Identification of the physical relocation needs of PAPs.

• Providing information pertaining to the project impacts to assist in preparing this RP, especially the R&R entitlements.

5.1.2 Sample socio-economic survey (SES)

The SES is carried out on a sample of APs, usually 20 percent of the total affected population, and consultation with the affected groups. A structured household questionnaire was developed to assist in gathering and assessing appropriate information (see Annexure-V). The SES data includes, inter-alia: socio-economic data on the sample PAFs and PAPs; the likely impact of land acquisition on the local economy; economic institutions; land use patterns; tenancy and sharecropping; occupation and employment patterns; income and expenditure patterns; economic interdependence between households; poverty levels; local social organization and authority structures; and women’s economic activities and income. The SES, which was carried out, was aimed at:

• Identifying and quantifying the adverse impacts which may arise as a result of involuntary acquisition and/or resettlement such as loss of land and assets, loss of



access to use of land and assets, loss of livelihood, loss of crops or other forms of income etc.

• To attach actual values to key indicators of the PAPs social and economic status and their vulnerability to socio-economic changes due to the project.

• To assess the use and dependence of PAPs on common property resource.

• To provide a baseline needed to monitor and evaluate the status of affected persons (APs) in the future.

• Developing recommendations on appropriate entitlement packages for all PAPs to properly compensate them for the loss of land, structures, other assets, crops, livelihood, economic security, etc.

• Preparing a Resettlement Plan, which incorporates the findings and recommendations of the above activities, suitable for submission to the Government and ADB.

5.2 Methodology

The methodology, which was adopted for undertaking the Census and Socio-economic Surveys, is described below.

5.2.1 Census of project affected persons

A full census of households and individuals potentially within the BWSP right of way (ROW), as identified and covered under Gazette Notification issued by Government of Rajasthan in February 2003 and verified by the consultant, was undertaken to document the status of the affected population. The census registered all household members and individuals, including data on their demographic and social conditions to determine the category of project affected persons including vulnerable groups with special entitlements under the project. The legal status of land type, structure, asset, its ownership and acquisition under BWSP were identified. Encroachers, squatters, tenants and share cropping patterns, etc., were also covered. Minor changes which were incorporated in the project to minimize adverse impacts during final engineering surveys (which were being undertaken at the same time) were also recorded during this Census.

5.2.2 Socio-economic survey

A detailed socio-economic survey was conducted in conjunction with the census of the project-affected population to portray the social profile of the people impacted by the project. It provides a baseline against which mitigation measures and support will be measured. For this purpose, comprehensive information related to people’s social characteristics, asset ownership, income, land use, cropping pattern, quality of life, project impact, type of effect, and options for R&R measures which were preferred by the PAPs, were gathered. Data was also collected about the coverage of PAPs and beneficiaries under ongoing development schemes being implemented by GoR and NGOs.

Government of Rajasthan R&R policy (draft) and ADB guidelines for socio-economic studies and preparation of RP were adopted in obtaining detailed information. A total of 1,024 PAPs, representing 21.96% of the total 4,663 PAPs, were interviewed by trained field investigators for the detailed socio-economic survey. During the preparation of this RP the field team was



supported by design engineers from PHED/RUIDP and by the environmental expert of the RUIDP - Project Management Consultant team.

5.3 Cut-off Date

The cut off date for those who have legal titles of their land/asset is the date of notification of acquisition under Section 4 of Land Acquisition Act 1894 (as amended in 1984), and for those without legal titles will be the date of the socio-economic survey. Surveys of PAPs were used to identify their eligibility for project benefits. The census and socio-economic survey establishes a cut-off date for PAP eligibility for assistance under the project. People moving into the project area after this cut-off date will not be entitled to support.

Notification under Section 4 was issued on February 5, 2003. The village-wise socio-economic survey dates in the months of May and June 2003, are given in Annexure-VI.

5.4 Land and Asset Value Assessment

A land and asset value assessment was conducted along with the census and socio-economic surveys which was aimed at confirming and quantifying the current market value of lands and assets to be acquired, and/or the value of loss of access to use of adjacent lands (if any). PAPs and other stakeholders and government officials were approached to elicit such information, and crosschecked from other village people whose agriculture lands are not under acquisition of BWSP. It was compared with the cost of land fixed officially by district land valuation committee and the cost mentioned for the registration of land and transfer of title in the name of purchaser in revenue record. Data regarding various categories of land - viz. unirrigated, irrigated, etc. - were collected from respondents directly and indirectly through unstructured and structured research techniques (see Annexure-VII). The rate of sale and purchase of land in the previous year and/or last transaction in the affected villages wherever possible was collected to find out the actual rate paid by the purchaser and received by the person who sold out.

The land sale rates registered in the revenue record were finally considered to estimate the compensation rates, in accordance with the established norms of the GoR. The latest and/or last land sale transaction in the village, which has taken place in the past months/year, has been accepted as the criterion to estimate the verifiable cost of land under acquisition. As per Government procedures, 30% solatium and 12% interest rate from the date of notification will be added in the cost of land.

Bank policy equates compensation to the “without” project situation, implying that replacement rates are required. People affected should be at least as well off after resettlement as they were before. Replacement costs are equal to market costs plus transaction costs only if the markets reflect reliable information about prices and availability of alternatives to the assets lost. Thus the fair value of land is taken to estimate the compensation against the loss of land as per the guidelines of Asian Development Bank.

5.5 NGO Capacity Assessment

A capacity assessment of NGO’s operating in the area was conducted to identify one or more NGO’s to assist in implementation of RP. The objective of the NGO capacity assessment was to identify and assess the capabilities of local NGOs who can assist the implementing agency in making compensation to the project affected families, assist in providing training to the PAPs, and monitor and evaluate the rehabilitation measures (see Annexure-VIII).



5.6 Sources of Data

Relevant information was collected through secondary sources, including:

• Initial Social Assessment, Bisalpur Water Supply Project, December, 2002.

• Gazette Notification of PAPs under BWSP, February 5, 2003.

• Total ownership from village revenue record (Jamabandi).

• Land assessment and valuation estimates of district level committee.

• Land acquisition procedure and process files.

• Socio-economic and Census reports, Government of Rajasthan, Jaipur.

• Development agencies like Gram Panchayat, Panchayat Samiti records to get information on various development programs for vulnerable groups living below poverty line, tribals, Scheduled Castes, widows, handicapped persons, etc.

• Other line development departments/organizations records to find out development/ welfare programs being implemented in the area for the welfare of the local population.

• Revenue department and concerned government officials were also contacted and interviewed to get the relevant data for the preparation of RP.

• Local organizations, including NGOs, in order to involve them and integrate their activities in the economic development programs of the displaced population.

A list of the reports and documents, which have been used as a reference, is provided at the end of this chapter.

5.7 Methods of Data Collection

• Contacting every affected household for the census survey and interviews with sample household heads to develop the household socio-economic profile of PAPs from the affected villages. It includes the PAPs belonging to BPL, handicapped, tribals, nomads, ethnic groups and vulnerable groups. The census and socio-economic survey schedules are given in the Appendices.

• Public consultation, participatory rural appraisal exercise, key informant interviews, and focus group discussions with the active involvement of affected persons, including women and vulnerable groups, were carried out in field by the consultants.

• Data were collected from field in May-June 2003 by trained and experienced field investigators (including women field investigators) who were familiar with the dialect and socio-economic life of people in the affected villages.

5.8 The Study

As described in Chapter I, the Bisalpur Water Supply Project has been designed to deliver water from the existing Bisalpur dam headwork up to Jaipur city to reduce the city’s



dependence on its severely constrained ground water resources. The work that is covered under this socio-economic study and RP includes assessment of the effects arising from construction of 8.4 km raw water pipeline, a new 400 mld water treatment plant, and approximately 97 km of clear water pipeline. Particular attention has been paid to the adverse effects of acquisition of private land and assets, which are required for implementing the BWSP.

It is estimated that land acquisition requirements for the new water treatment plant and pipeline works will affect approximately 706 private properties that are owned by 276 khatedars (legal title holders, owning land individually or in groups). Based on the results of the census carried out under this study, it was determined that approximately 4,663 persons can be categorized as PAPs.

5.9 Socio-economic Profile

The villages and families affected due to the Bisalpur Water Supply Project fall into Todaraisingh and Malpura blocks of Tonk district in the semi–arid eastern plains of Rajasthan. The river Banas and its tributaries flow into part of this district. Water table levels vary from 15-25 m below the surface, and scarce surface water resources have led to accelerated harnessing of ground water resources.

Various socio-economic indicators show that Tonk is a backward district of Rajasthan State which itself is lagging behind in terms of development in the country.

Table 5.1: Socio-economic Indicators

S. No. Indicators Tonk District Rajasthan 1. Population (2001) 1,211,343 56,473,122 Male 625,719 29,381,657 Female 585,624 27,091,465

2. Population density 168 165 3. Sex ratio 936 922 4. Literacy rate (%) 52.39 61.03 Male 71.25 76.46 Female 32.3 44.34

5. SC/ST population (%) SC (rural) 20.9 18 ST (rural) 14.5 15.4

6. Size of land holding (in ha) In 1995-96 3.55 4.11

7. % Area Irrigated (1999-2000) % Net area irrigated 37.3 35.4 % Gross area irrigated 64.68 64.05

Source: Census, Provisional 2001, GoI, New Delhi

The following sub-sections provide an overview of the socio-economic profile of the PAPs of the BWSP, which were covered for the Social Impact Assessment (SIA), and preparation of this RP as per the requirements and objectives of the Government and ADB.



5.10 Project Affected Persons (PAPs)

As per the Rajasthan Gazette notification of February 5, 2003, related to acquiring land for public use for laying pipeline from Bisalpur to Jaipur and related works, agricultural land from a total of 706 PAFs will be acquired under the Bisalpur Water Supply Project. Land ownership is vested with 276 khatedars (legal title holders, owning land individually or in group), and the total affected population is 4,663 PAPs. The total 4,663 PAPs, and the representative sample of 1,024 PAPs who were selected for the socio-economic survey, were unevenly distributed into 8 villages of varied population size.

These PAPs are living in eight different villages, and the distribution of the total 4,663 PAPs and the sample 1,024 PAPs in these villages are summarized in the following table. Some of the subject PAFs were displaced from their original villages (Bhateda and Baschhatra) in 1992 and have been resettled at Thadoli, Ladpura and Surajpura villages. A summary of the village profiles is provided in Annexure-IX of this report.

Table 5.2: Distribution of PAPs by Village

Sl. No. Name of Village All PAPs Sample PAPs

1 Thadoli 417 106 (25.4%)

2 Surajpura 377 99 (26.3%)

3 Tordi 1037 200 (19.3%)

4 Chandsen 1071 204 (19.0%)

5 Todaraisingh 245 52 (21.2%)

6 Bhipur 602 145 (24.1%)

Under Pipeline

7 Ghati 500 120 (24.0%)

8 Ladpura 244 57 (23.4%) Under Water Treatment Plant 9 Surajpura 164 41 (25.0%)

Total 4,663 1,024 (22.0%)

Source: Gazette Notification February 5, 2003, and Field Survey Note: Figures in parentheses represent percentage of totals in this and subsequent tables.

No squatter households were identified on the government and Panchayat lands, except 2 farmer encroachers during feasibility design. There were no squatters on the row of government land in Balawala, and along the abandoned railway line to be acquired by PHED, GoR. However, the squatters will be verified during detailed design. If a squatter is identified, or if anyone provides proof to establish that he/she had occupied the land before the eligibility cut-off date (June 2003) as a squatter, he/she will be considered eligible for resettlement assistance.

5.11 Socio-demographic Characteristics

The total 4,663 PAPs include the entire project affected population irrespective of age and gender, while the 2,556 entitlement persons consist only of males 21 years and above and females 18 years and above. The total male PAPs (53.10%) were more than the female PAPs (46.90%). 1,227 males (26.31%) and 1,339 females (28.71%) are entitlement persons for R&R packages as per GoR norms of 1991. The sex ratio of 883 women per thousand men is less than the average of the State and District. Vulnerable groups, which were identified during the census survey, include 345 old age PAPs, 142 widow women, and 28 physically handicapped persons. A large majority of PAPs practice the Hindu faith (97.5%).



The other backward caste constitutes 54.0% of the PAPs, followed by scheduled caste (25.4%), general (14.0%), and scheduled tribe (6.6%).

The following Table 5.3 summarizes the socio-economic characteristics of the PAPs.

Table 5.3: Socio-demographic Characteristics of PAPs

Particulars All PAPs Sample PAPs 1. Total number of PAPs 4,663 1,024 2. Sex ratio (women per thousand

men) 883.2 899.8

3. Male % 53.1 52.6 4. Female % 46.90 47.4 Entitlement persons 2,566 (55.0%) 5. Male (above 21 years of age) 1,227 (26.3%) 6. Female (above 18 years of age) 1,339 (28.7%)

Social stratification Religious Group

7. Hindu 689 (97.5%) 109 (98.2%) 8. Muslim 3 (0.4%) 1 (0.9%) 9. Sikh 1 (0.1%) 0 (0%) 10. Christian 0 (0%) 0 (0%) 11. Jain 13 (1.8%) 1 (0.9%) Ethnicity 12. SC 179 (25.4%) 34 (30.6%) 13. ST 47 (6.6%) 8(7.2%) 14. OBC 381 (54.0%) 57 (51.3%) 15. General 99 (14.0%) 12 (10.8%) Vulnerable groups 515 (11.0%) 141 (13.8%) 17. Handicapped 28 (0.60%) 1 (0.1%) 18. Widow 142 (3.04%) 48 (4.7%) 19. Old age 345 (7.4%) 92 (8.9%)

Source: Data Generated by Consultant

5.11.1 Family Type

The census survey infers that majority of the families were nuclear family (80.16%) and remaining (19.84%) were joint family. The average family size was 6.60 persons per family.

Table 5.4: Family Type

Sl. No. Type Total families (Percentage) 1 Nuclear 566 (80.16) 2 Joint 140 (19.83)

Total 706




5.11.2 Age Distribution

The age distribution of all PAPs shows that 5.2% of the population was above 60 years, who were dependent on other members of family. 28.54% were in the age group 6-17 years, including unmarried sons and daughters. 12.13% were dependent children below the age of 5 years and majority of the population (54.14%) were mature adults between 18-59 years of age. Similar age distribution of sample PAPs was recorded.

Table 5.5: Age Distribution

Sl. No. Age (in years) All PAPs Sample PAPs 1 Up to 5 566 (12.13) 152 (14.84) 2 6-17 1331 (28.54) 295 (28.80) 3 18-59 2525 (54.14) 485 (47.36) 4 60 and above 241 (5.2) 92 (8.98)

Total 4663 1024


5.11.3 Marital Status

The analysis indicates that above half of the sample PAPs were married (50.59%), while 43.76% were unmarried, 4.68% were widows, 0.39% widowers, 0.39% divorcee, and 0.19% were separated.

Table 5.6: Marital Status

Sl. No. Marital Status Sample PAPs 1. Married 518 (50.59) 2. Unmarried 448 (43.76) 3. Widow 48 (4.68) 4. Widower 4 (0.39) 5. Separated 2 (0.19) 6. Divorcee 4 (0.39)

Total 1,024


5.11.4 Education

Among the sample PAPs, excluding 124 (11.23%) non-school going children below the age of 5 years, 58.64% were literate, which was lower to the State average. 41.36% were illiterate, including 61.9% of the female population as compared to 21.7% of the male population. Only 5.36% of the sample population was found to have education levels equivalent to intermediate or higher.

Table 5.7: Education Level of Sample PAPs

S. No. Education Male Female Total

Adults and School Going Children Above 5

1 Illiterate 101 275 376 (41.36)

Just literate 32 38 70 (7.70)



2 Primary 166 97 263 (28.93)

3 Middle 90 14 104 (11.44)

4 Secondary 39 10 49 (5.39)

5 Intermediate 18 6 24 (2.64)

6 Graduate 13 2 15 (1.65)

7 Post-graduate 5 1 6 (0.65)

8 Professional 1 1 2 (0.42)

Subtotal 465 444 909 (100.00)

10 Non-school going children below 5 74 41 115

Total 539 485 1,024


5.11.5 Occupation

As summarized in the following table, 60.05% of the sample population reported that they were unemployed or had no main occupation, while 43.4% reported main income generating occupations.

Of the sub-group who were reported to have no main occupation, 66.50% were children under 5 or students in the age group of 5-17 years, 19.02% were housewives, 10.08% were above 60 years of age, while 4.4% were unemployed youths or adults below 60 years of age. For those who were employed, 65.04% reported that agriculture or agriculture related activities were their primary occupation, followed by 18.82% who were non-agricultural laborers. 3.92% were in Government or private service, and 2.93% were professionals. 6.60% reported other occupations, including squatter, peddler and shepherd.

A significant proportion (about half) of those who reported their main occupation as being in agriculture or agricultural related activities reported unemployment or no occupation as their secondary occupation. 6.72% of the employed PAPs were involved in one or more earning activities as their secondary occupation. It was concluded that this reflects the seasonal nature of work available in the agricultural sector in Tonk district, and the need for agricultural workers to find supplementary sources of income.

Table 5.8: Occupational Pattern

Sl. No. Occupation Main Subsidiary Unemployed Persons/No Occupation 1. Non-school Going Children up to 5 years of

age 152 (14.84) 152 (14.84)

2. Non working adolescents (5-17 years) 257 (25.09) 257 (25.09) 3. Otherwise unemployed housewives 117 (11.43) 117 (11.43) 4. Unemployed youths 27 (2.64) 27 (2.64) 5. Elderly/retired 62 (6.05) 62 (6.05) 6. Others -- 171 (16.70) Sub total 615 (60.05) 786 (76.76)



Employed Persons 7. Agriculture (farmers/cultivators) 239 (23.34) 73 (7.13) 8. Agriculture laborer 17 (1.66) 46 (4.49) 9. Allied agriculture 10 (0.98) 8 (0.78) 10. Non agriculture laborer 77 (7.522) 70 (6.84) 11. Government service 11 (1.07) -- 12. Private service 11 (1.07) -- 13. Household industry 5 (0.49) 5 (0.49) 14. Professional 12 (1.17) 7 (0.68) 15. Others (Squatters, peddlers, shepherd etc.) 27 (2.64) 13 (1.27) 16. Agriculture/Agriculture labor/Non agriculture

labor/Allied agriculture - 16 (1.56)

Sub total 409 (39.94) 238 (23.24) Total 1,024 1,024


5.11.6 Type of house

Around 54% and 13% PAFs have been living in ‘pucca’ (permanent construction) and semi-pucca (semi-permanent construction) houses, while above 33% PAFs lived in ‘kutcha’ (temporary construction) type houses. In 68 households more than 1 family unit shared the accommodation.

Table 5.9: Type of Houses

S. No. Type of house All PAPs

1. Kutcha 211 (33.08)

2. Semi Pucca 83 (13.0)

3. Pucca 344 (53.92)

Total 638

Source: Data generated by Consultant

5.11.7 Income and Expenditure

Of 111 sample PAFs, 8 (7.2%) families were below the official “poverty line” income of Rs. 18,000 per annum, which is commonly used in India as an index for identifying the Below Poverty Line (BPL) households. 6 (5.4%) households earned in range of Rs. 18,000-24,000 per annum, 7 (6.3%) and 28 (26.12%) households had annual incomes in the ranges of Rs. 24,001-30,000 and Rs. 30,001-50,000 respectively, while 61 (54.95%) PAFs had annual incomes above Rs. 50,000. As is often the case in similar surveys, 11 households (15.8%) with incomes less than Rs. 50,000 per annum reported that their expenditures were more than their incomes, while none of the higher income groups reported expenditures which exceeded their annual incomes.



Table 5.10: Income and Expenditure Pattern

Sl. No. Categories (Rs.) Income Expenditure

1. 0-18,000 8 (7.2) 5 (4.5)

2. 18,001-24,000 6 (5.4) 9 (8.1)

3. 24,001-30,000 7 (6.3) 8 (7.2)

4. 30,001-50,000 28 (26.12) 39 (35.13)

5. Above 50,000 61 (54.95) 50 (45.04)

Total 111 111


5.11.8 Moveable Asset Ownership

The vast majority of the PAFs do not have any moveable assets. Only 26.34%, own a television or a radio. 13.31% own motorcycles, 8.07% own a tractor, and 12.81% own a bullock cart, while 6.23% and 8.64% own agriculture implements - 1 unit and 2 units respectively. The ownership of such assets is almost similar in the sample PAPs except the ownership of bullock carts and small agriculture implements.

Table 5.11: Asset Ownership

Nil 1 2 and above Particulars

All PAPs Sample PAPs



Television 520 (73.65) 79 (71.17) 186 (26.34) 32 (28.82) 0 (0) --

Motorcycle 610 (86.40) 91 (81.98) 94 (13.31) 20 (18.01) 2 (0.28) --

Jeep 700 99.15) 111 (100) 6 (0.84) 0 0 (0) --

Tractor 648 (91.78) 100 (90.09) 57 (8.07) 11 (9.90) 1 (0.14) --

Bullock cart 619 (80.47) 82 (73.87) 86 (12.81) 29 (26.12) 1 (0.14) --

Agriculture implements

601 (85.12) 94 (84.68) 44 (6.23) 17 (15.31) 61 (8.64) --


5.11.9 Agricultural Assets

The agricultural assets are related to household owned facilities that are used for irrigation purposes in the region. 44.90% of the respondents reported that owned one or more wells with pump sets, 10.34% reported that they owned open wells, 3.82% reported that they owned a lift irrigation unit, and 0.14% reported that they owned a tube well.

Approximately 41% of the farmers reported that they did not have their own irrigation facilities, and that they either relied on others for their water, or on rain fed crops.



Table 5.12: Agriculture Assets

Number Owned Sl. No.

Assets 1 2 and above

Total (Out of 706 PAFs)

All PAFs All PAFs All PAFs 1 Open Well 67 (9.50) 6 (0.84) 73 (10.34%)

2 Tube well 1 (0.14) -- 1 (0.14%) 3 Well with pump set 290 (41.08) 27 (3.83) 317 (44.90%)

4 Lift irrigation unit 27 (3.82) -- 27 (3.82%)


5.11.10 Livestock Ownership

Out of 111 sample PAFs, 54.05% PAFs own minimum 1 livestock. 52 (46.84%) had one or more buffaloes, 49 (44.14%) had one or more cows, and 49 (44.14%) had one or more goats and 8 (7.20%) PAFs raise sheep. Also a few PAFs have more than one type of livestock.

Table 5.13: Livestock Ownership

Number Nil 1 2-5 6-10 Above 10

Sl. No

Live

stoc

k

All

PAFs

Sam

ple

PAFs

All

PAFs

Sam

ple

PAFs

All

PAFs

Sam

ple

PAFs

All

PAFs

Sam

ple

PAFs

All

PAFs

Sam

ple

PAFs

1. Cow 410 (58.07)

61 (54.95)

112 (15.86)

20 (18.0)

159 (22.52)

24 (21.62)

19 (2.69)

2 (1.80)

6 (0.84)

3 (2.70)

2. Ox 621 (86.88)

94 (84.68)

7 (0.99)

3 (2.70)

78 (11.04)

14 (12.61)

0 0 0 0

3. Buffalo 428 (60.62)

59 (53.15)

80 (11.13)

20 (18.07)

166 (23.51)

29 (26.12)

25 (3.54)

2 (1.80)

7 (0.99)

1 (0.90)

4. Poultry 697 (98.72)

108 (97.29)

0 0 5 (0.70)

3 (2.70

1 (0.14)

0 0 0

5. Horse 699 (99)

111 (100)

0 0 7 (0.99)

0 -- 0 0 0

6. Goat 486 (68.83)

62 (55.85)

47 (6.65)

14 (12.61)

115 (16.28)

20 (18.01)

24 (3.39)

4 (3.60)

34 (4.81)

11 (9.9)

7. Sheep 667 (94.47)

102 (91.89)

2 (0.28)

2 (1.80)

7 (0.99)

0 1 (0.14)

0 29 (4.10)

6 (5.4)

8. Pig 703 (99.57)

110 (99.09)

0 0 1 (0.14)

0 1 (0.14)

1 (0.90)

1 (0.14)

0

9. Camel 705 (99.85)

110 (99.09)

1 (0.14)

1 (0.90)

0 0 -- 0 0 0




5.11.11 Cattle Shed

About the ownership of cattle shed, it was found that 46.03% PAFs owned kutcha cattle shed and 3.97% and 3.83% PAFs owned semi pucca and pucca cattle sheds respectively. Farmers without the cattle shed use open space for keeping their cattle.

Table 5.14: Cattle Shed

Nil 1 Total Type

All PAPs All PAPs All PAPs

Kutcha 381 (53.96) 325 (46.03) 706

Semi Pucca 678 (96.03) 28 (3.97) 706

Pucca 679 (96.17) 27 (3.83) 706


5.11.12 Indebtedness

Indebtedness has been a major problem faced by the farmers for generations. Due to poverty they take loans to meet their needs and social responsibilities such as festivals, marriages, etc. However, for cultural reasons many debtors do not admit to outsiders they have taken that loan. Nevertheless, it was accepted by 45 PAFs (40.54%) that they had taken loans for various reasons. Of them 12 (10.80%) PAFs have taken loans from Banks for agriculture, including purchase of implements, etc.; 29 (26.12%) PAFs have borrowed from private moneylenders to cater to the needs of seed, fertilizers, irrigation, routine expenses and social purposes like marriage, etc. 4 (3.60%) PAFs have taken loans from both banks and private sources, as well as from cooperative societies/caste associations.

Table 5.15: Source of Loan

Source of loan Number

Bank 12 (10.80)

Private money lenders 29 (26.12)

Private money lenders and Bank 4 (3.60)

Sub Total 45 (40.54)

Information not shared 66 (59.46)

Total 111


The information collected in sample socio-economic survey reveals that 17 PAFs have borrowed money in the range between Rs. 1,000-25,000, 8 PAFs between Rs. 26,000-50,000, 3 PAFs have taken Rs. 50,000-1 lac, and 7 PAFs have borrowed more than Rs. 1 lac.

5.12 Development Schemes

About the development schemes it was reported that 27 (24.32%) PAFs, belonging mainly to BPL families, were the beneficiaries of development schemes implemented in affected villages. Qualitative data reveals that supplemental nutrition is provided to children and pregnant and lactating women from the Aanganwari centers in affected villages.



Table 5.16: Benefit of Schemes To Sample PAFs

Development Schemes Number

Famine relief work 7

Subsidy on food grains to BPL 9

Both famine relief work BPL card 9

Indira Awas Yojana 1

Old age pension scheme 1

Total 27


5.13 Land Acquisition Requirements

In accordance with the GoR Gazette Notification dated February 5, 2003, a total of 112.074 ha of land are to be acquired for the water treatment plant and pipeline works under the Bisalpur Water Supply Project; out of this, 30.48 ha is for the water treatment plant, and 81.594 ha for the raw water and treated water pipelines. Approximately 300 ha of land for the proposed pipeline which is being routed along an abandoned railway line (79 km) have already been purchased by PHED from Indian Railway Department.

As summarized in the following table, land parcels with a total area of 696.4895 ha will be subject to acquisition, in whole or in part, and a total of 706 private households will be affected by the acquisition requirements. 26.12 ha out of a total parcel size of 35.27 ha is to be acquired from 73 PAFs for construction of the water treatment plant, while 65.996 ha out of parcels totaling 352.149 ha is to be acquired from 632 PAFs for the pipeline works. The balance of the land acquisition requirements will be from Government Departments (12.041 ha out of parcels totaling 220.597 ha) and the Gram Panchayats (7.917 ha out of parcels totaling 88.473 ha).

Table 5.17: Land Acquisition Requirements (in hectares)

Land ownership and Acquisition requirements Government land Gram Panchayat

(Pasture land) Private land Affected

PAFs

Villages

Total land

Land acquisition

Total land

Land acquisition

Total land

Land acquisition

Thadoli 20.14 0.754 0.74 1.5 30.86 10.62 61 Surajpura 1.46 0.115 -- -- 14.05 4.71 64 Tordi 29.22 1.659 16.0 0.084 84.109 16.722 164 Todaraisingh 9.83 1.625 48.57 3.75 23.01 4.910 28 Bhipur 20.97 1.392 13.0 1.80 37.40 4.760 83 Ghati 12.987 1.010 8.379 0.670 61.16 8.808 77 Chandsen 121.56 1.126 1.784 0.113 101.56 15.468 155

Raw Water and

treated water

pipeline

Sub Total 216.167 7.681 88.473 7.917 352.149 65.998 632



Ladpura 0.83 0.83 -- -- 22.67 16.13 42 Surajpura 3.60 3.53 -- -- 12.60 9.99 31

Water treatment

plant Sub Total 4.43 4.36 -- -- 35.27 26.12 73

Total 220.597 12.041 88.473 7.917 387.419 92.118 706

Source: GoR Gazette Notification dated February 5, 2003

5.14 Common Property Resources

The Gram Panchayat pasturelands are common property resource (CPRs), which are traditionally used by the public for livestock grazing, but over the years the CPR lands have diminished in size and availability. For example, most of the previously displaced persons from the Bisalpur Dam construction program were allotted Gram Panchayat land for rehabilitation at Surajpura, Ladpura, Sambhu Nagar, Pradhan Nagar and Thadoli villages.

Under the BWSP, a total of 7.917 ha of Gram Panchayat pastureland will be acquired for the water transmission main; however, the pipeline will be buried and most of this land will continue to remain available for public use after completion of construction.

5.15 Private Land

Of the total 387.419 ha of private land, which will be affected due to acquisition, 92.116 ha (23.77%) of various types are to be acquired.

Table 5.18: Private Land under Acquisition by village

Village Affected land area (ha.)

Acquisition area (ha.)

Pipe Line

Tordi 84.109 16.722 (19.88%)

Chandsen 101.56 15.468 (15.23%)

Ghati 61.16 8.808 (14.40%)

Bhipur 37.40 4.760 (12.73%)

TRS 23. 01 4.910 (21.34%)

Thadoli 30.86 10.62 (34.41%)

Surajpura 14.05 4.71 (33.52%)

Sub-total, Pipeline 352.149 65.998 (18.74%)

Water Treatment Plant

Surajpura 12.60 9.99 (79.29%

Ladpura 22.67 16.13 (71.15%)

Sub-total, WTP 35.27 26.12 (74.05%)

Total 387.419 92.118 (23.77%)

Source: GoR Gazette Notification February 5, 2003



5.15.1 Acquisition and classification of private land parcels

There are total 586 land parcels, out of which 117 belong to government whereas 469 land parcels are owned by 276 khatedar. In this context, a parcel refers to legal land title under a Khasara, which is identified by a number given in the government revenue record. Many of the khatedars own title to more than one land parcel (Khasara), which will be affected by the land acquisition requirements.

Out of the 469 private land parcels that are affected by acquisition, 315 (67.16%) parcels are predominately barren agricultural land, while 154 (32.84%) are irrigated farmland. Irrigated land (chahi, talabi, nahari) is cultivated for both rabi (winter) and kharif (summer) crops, while only rain fed crops may be cultivated in barani (non-irrigated), banjar (barren), and similar lands.

Of the total 387.419 ha of private land parcels which will be affected by land acquisition, 91.118 ha (23.77%) land will be acquired. Maximum land areas of 16.722 ha, 16.130 ha and 15.468 ha belong to PAPs of Tordi, Ladpura and Chandsen villages respectively. It is followed by 16.13 ha land from Ladpura village under WTP and pipeline together.

Table 5.19: Type of Land by villages

Irrigated (sq m.)

Unirri-gated

(sq m.)

Total land (Ha.)

Unirri-gated

parcels

Irrigated parcels

Total parcels

Tordi 89,922 77,299 16.722 68 48 116 (24.73) Chandsen 7,818 146,863 15.468 16 96 112 (23.88) Ghati 49,565 38,520 8.808 35 19 54 (11.51) Bhipur 3,680 43,920 4.76 6 31 37 (7.88) Todaraisingh 7,900 41,209 4.910 6 25 31 (6.60) Thadoli 15,450 90,750 10.62 18 25 43 (9.20)

Village land in pipeline

Surajpura -- 47,100 4.71 0 35 35 (7.46) Ladpura -- 161,300 16.13 0 19 19 (4.05) Village

land in Water treatment plant

Surajpura 22,800 77,100 9.99 5 17 22 (4.69)

Total 197,135 724,061 92.118 154 (32.84)

315 (67.16)

469

Source: GoR Gazette Notification February 5, 2003

Note: One land parcel may be owned by a group of khatedar and repeated in Gazette Notification many a times due to change in the composition of individual khatedar.

5.15.2 Size of Land Holdings

The land record known as ‘Jamabandi’ is maintained by the revenue department, GoR. It includes the total and titles (Khasara No.) and land area, etc., owned by a khatedar or land titleholder. According to definitions recognized by the GoI and GoR, marginal farmers are classified as those with less than 1 ha of agricultural land, small farmers with 1-2 ha, semi medium farmers with 2-4 ha, medium farmers with 4-10 ha, and large farmers with 10 ha and above.



As per the land records (Jamabandi) of Revenue Department, Malpura and Todaraisingh, Tonk District, 2003, 62 (24.60%), 75 (29.77%) and 74 (29.37%) land title holders (usually Khatedar) fell under the marginal, small and semi-medium categories farmers respectively. 39 (15.47%) PAHs belong to medium farmers, and only 2 (0.79%) PAHs were classified as large farmers. They were unevenly distributed into project affected villages as shown in table below.

Table 5.20: Land Holding of PAPs

Villages Marginal

<1 ha

Small

1-2 ha

Semi-

medium

2-4 ha

Medium

4-10 ha

Large

10 ha +

above

Total

Thadoli 3 10 7 4 --- 24 (9.52)

Ghati 2 4 13 9 -- 28 (11.11)

Surajpura pipeline

12 10 1 -- -- 23 (9.12)

Bhipur 8 5 6 4 1 24 (9.52)

Todaraisingh 5 7 3 1 -- 16 (6.34)

Tordi 12 11 29 9 --- 61 (24.20)

Pipeline

Chandsen 7 14 12 12 1 46 (18.25)

Ladpura 4 9 2 -- -- 15 (5.95) Water treatment plant Surajpura 9 5 1 --- -- 15 (5.95)

Total 62 (24.60)

75 (29.77)

74 (29.37)

39 (15.47)

2 (0.79) 252

Source: GoR, Land Revenue Records (Jamabandi) Malpura and Todaraisingh block, Tonk, 2003.

5.15.3 Affected land proportion

All the private agricultural lands, which are to be acquired, are owned by farmers/cultivators, and the PAFs have legal title (Patta) to the land. The names of adults are in the voters’ lists and each family possessed a ration card. However, most PAFs did not have legal titles for any houses on these lands, even though they were acknowledged as being the owners/occupiers of these. Nevertheless, even though the information is not complete, the following table provides an indication of the potential impact of land acquisition on the holdings of the individual landowners who are being affected by the project. The table gives comparative information about the percentage loss of land under BWSP according to Gazette notification issued on February 5, 2003 and from total land of a title holder given in Jamabandi (government land revenue record) 2003.

The Jamabandi records provide the most reliable information about the likely magnitude of the impacts of land acquisition because these include data on all land holdings of each khatedar in the area, not just the holdings that will be affected under the BWSP. Data calculated this source indicates that 16 owners will be losing 100% of their land parcel, 6 will lose above 75% of land holding, and 46 and 176 landowners will be affected in the range of 26%-50% and 1%-25% respectively. The impact will be most severe for those landowners who are losing their entire land holding since it will render them landless. For those who are left with less than 25% of their original land holding, the remaining land holding may become unviable for cultivation.



For comparison, the land acquisition analyzed from the land parcels given in Gazette Notification (which is not as complete as the Jamabandi records) shows 21 landowners are losing their land parcel as a whole under BWSP whereas 20 landowners will be left with less than 25% of land area. 131 landowners will be affected by 25%, 84 will lose 26-50% area of land. However, this also indicates that 20 owners will lose over 50% of their land holdings under BWSP.

Table 5.21: Land Acquisition Compared with Total Land Holdings

Villages 1-25% 26-50% 51-75% 76-99% 100% Missing

Total

Jamabandi

Gaz

ette

Jamabandi

Gaz

ette

Jamabandi

Gaz

ette

Jamabandi

Gaz

ette

Jamabandi

Gaz

ette

Jamabandi

Gaz

ette

Jamabandi

Gaz

ette

Thadoli 12 8 10 9 1 3 -- 4 1 1 1 25 25

Ghati 27 22 -- 6 1 4 -- -- -- -- 5 32 32

Surajpura 16 7 6 11 1 4 -- 1 -- -- 0 23 23

Bhipur 22 17 2 6 -- 3 -- 1 -- -- 2 27 27

Todaraisingh 11 8 4 9 1 -- -- -- -- -- 1 17 17

Tordi 45 31 11 23 2 5 3 8 -- -- 6 67 67

Pipeline villages

Chandsen 40 34 6 15 -- -- -- 4 -- -- 7 53 53

Ladpura 3 4 2 2 -- -- -- -- 10 10 1 16 16 Water treatment plant Surajpura -- -- 5 3 2 1 3 2 5 10 1 16 16

Total 176 131 46 84 8 20 6 20 16 21 24 276 276

Source: GoR Gazette Notification dated February 5, 2003 and GoR, Land Revenue Records (Jamabandi) Malpura and Todaraisingh block, Tonk, 2003

5.15.4 Type of impact

The following table summarizes the overall effect of land acquisition on the sample PAFs. It is noted that although the results broadly correlate with the preliminary conclusions drawn from the assessment of the Gazette Notification, the impacts of land acquisition on the individual owners will need a much closer investigation during implementation to ensure that equitable compensation packages are developed for the PAFs. This is particularly true for small farmers/cultivators who may be losing a significant portion of their lands and source of livelihood, and for any disadvantaged PAFs who also rely entirely on their land for their livelihood.

Acquisition of agricultural lands in varying proportions will affect all 706 PAFs from the different villages/hamlets. 1 pucca, 4 semi pucca, 5 kutcha houses, 20 wells, 3 cattle sheds, 1 fodder store, 3 shrines and 1 canopy will be acquired from PAFs. No other residential or commercial structures were found to be affected elsewhere under the project.

Analysis of sample 111 PAFs reveals that a majority (72.97%) of PAFs will be losing a portion of their agriculture land. Remaining PAFs will also be losing agriculture land and combinations of wells, trees and structures. 16 (14.41%) PAFs will be losing their total land.



Table 5.22: Type of Effect on Sample PAFs

Villages under pipeline Water treatment

plant

Total

Type of effect

Thad

oli

Toda

rais

ingh

Cha

ndse

n

Tord

i

Bhi

pur

Gha

ti

Sur

ajpu

ra

Ladp

ura

Sur

ajpu

ra

Losing part of agriculture land

6 5 19 19 12 8 9 1 2 81 (72.98)

Losing part of agriculture land+ Losing well + trees

1 2 3 (2.70)

Losing total agriculture land

2 2 2 6 4 16 (14.41)

Losing either combination of agriculture land/well/ structure/tree

2 5 2 1 1 11 (9.91)

Total 11 7 19 26 12 10 11 8 7 111

Source: Data generated by consultants

5.16 Resettlement Options

61 (54.95%) of the sample PAFs have indicated a preference for cash compensation against their land acquisition, while 27 (24.32%) PAFs have preferred land for land. This is followed by 17 (15.30%) PAFs who opined for either land for land or cash compensation. Four (3.60%) gave an alternative of compensation by providing irrigation for the remaining land that was not to be acquired, while two (1.80%) requested assistance for allied income generating activities. Details are provided in the table below.

Table 5.23: Compensation Preferences of Sample PAFs

Resettlement options Number

Land for land 27 (24.40)

Cash compensation 61 (54.9)

Cash compensation, or land for land 17 (15.30)

Cash compensation, or land for land, or irrigation facility for left out land

4 (3.60)

Cash compensation, or land for land, or assistance for allied activities

2 (1.80)

Total 111


In the case of 16 PAFs losing all agriculture land and 6 PAFs losing above 75% of their agriculture land, relocation assistance may be required depending upon the compensation package finally agreed by them. Consultation and consent of PAFs about their compensation option are called for by the NGO/CBO involved in RP implementation.



5.17 Land Leasing

The socio-economic survey of sample PAFs shows that 19 (17.1%) PAFs were cultivating their land on leasing-in (5.40%) or leasing-out (7.2%) and on share cropping (4.5%) basis. 3 (2.7%) PAFs who have leased out and 1(0.90%) who has leased in, were also cultivating their land on sharecropping basis. 2 (1.8%) PAFs were cultivating the encroached land, whereas 85 (76.57%) PAFs were either not following any of the above practices or have not shared the information.

Table 5.24: Land Leasing: In And Out

Categories Number

Leasing Out 8 (7.20)

Leasing In 6 (5.40)

Share cropping 5 (4.50)

Lease out and share cropping 3 (2.70)

Lease in and share cropping 1 (0.90)

Encroached and cultivate 2 (1.80)

Temporary land holding 1 (0.90)

Information not shared/Nil 85 (76.57)

Total 111


5.17.1 Share cropping

The practice of share cropping by the cultivators is reported. Water from a common well is shared by the farmers (usually brothers and neighbors) to irrigate the land. Well ownership is joint but the diesel pump set used for irrigation is owned by the individual farmer. Also the cost of water is charged from the neighboring farmers by those who own wells or irrigation units.

5.18 Drought

The drought conditions for the preceding five years had severely affected the agricultural yield, with receding ground water tables and dried up wells. Drinking water for human and cattle population was a major problem, and the lack of animal fodder severely hit the rural economy of the rural populations. Due to failure of the monsoon some people migrated elsewhere from the project affected villages in search of employment. These problems have now been partially resolved due to the good monsoon, which was experienced in Rajasthan during 2003, ensuring the availability of good animal fodder for the coming dry season.

Drinking water under the project will be supplied to the villages’ enroute. Provisions will be included under the BWSP to supply potable drinking water to water deficient rural villages that lie along the pipeline route. This will address the felt needs of the affected communities, and will significantly improve the health and security of the residents in those areas which presently lack a safe water supply.



5.19 Crops

Details about the crop varieties, average yields, and average rates for the produce are provided in the table below, based on normal monsoon conditions and information provided during the survey. An estimate of the average returns per hectare for the different crops has been developed to indicate the potential value of crops lost due to land acquisition or disruption during construction. However, it should be noted that this does not include any deductions for the costs of the agricultural inputs required to produce the crops, or the potential reduction in yields and returns due to factors other than the project.

Table 5.25: Average Crop Yields and Returns

Sl. No.

Crops Average Yield

(Qtl./Bigha)

Rate

(Rs./Qtl.)

Average Revenue

(Rs./hectare)

Rabi (Winter Season)

1. Wheat 8 700-800 28,440

2. Barley 6-7 600-700 16,690

3. Gram 5-6 1400-1500 31,500

4. Mustard 5-6 1800-2000 28,240

5. Tomato - 1500 -

6. Soanf 8 4000 69,520

7. Jeera 4 6000 47,400

Kharif (Summer Season)

1. Bajra 8 500-600 20,540

2. Jwar 5 700-800 12,840

3. Maize 5 600-700 12,840

4. Cotton 8 2000 63,680

5. Groundnut 5 2200-2600 27,650

6. Til 5 2500 29,630

7. Gwar 5 2000 29,630


5.20 Discrepancies

Some errors were detected during the survey in some of the information contained in the Gazette Notification. The total land available against some of the PAF ‘Khasaras’ is reported to be less than the land under acquisition in the Gazette Notification. Also, information about 24 khatedars is not recorded in the Jamabandi records of the revenue department, GoR, 2003.

The information contained in the GoR Gazette Notification about the size of the individual land holdings - and the land acquisition requirements pertaining to these parcels - is limited to those parcels from which land is proposed to be acquired for either the water treatment plant or the pipeline. As such, it does not provide a full picture about how land acquisition will



affect these PAFs in terms of the proportion of their land holdings that are required to be acquired in comparison with their total land holdings. In addition, some of the information about the total size of the affected parcels or the size of the portion to be acquired has either not been given or is not clear. 8 PAFs recorded in the Gazette Notification as losing their private land were not available as they had migrated to distant places and were not accessible to the field investigators. Details are provided in Annexure-X. Further, information about the area of land acquisition in case of 15 PAFs which was added after a recent pipeline realignment was not available until the finalization of this draft report on June 15, 2003.

Although errors of the type described above appear to affect only a few properties under the land acquisition notifications, the accuracy of the land acquisition notices will need to be carefully verified at the stage of RP implementation.

During detailed design, a census of all affected families will be completed. This RP is based on feasibility design, and that more detailed information on the number of affected people /households together with their entitlements will be included in the RP after detailed design.

Sources:

1. Final Report, Jaipur Water Supply and Sanitation Project Feasibility Study, Environmental Impact Study for Jaipur Water Supply Project, Safege Consulting Engineers, October 2000

2. Drinking Water Supply from Bisalpur Dam for Jaipur, Unpublished document prepared by PHED

3. Govt. of Rajasthan Gazette Notification for Land Acquisition under Section 4 of Land Acquisition Act 1894, Public Health Engineering Department, July 7th, 2000, and February 5, 2003.

4. GoR Notification for Land Acquisition under Section 17[1] of Land Acquisition Act 1894, Public Health Engineering Department, March 24th, 2001

5. Various documents prepared by PHED related to the design and specifications for the proposed works.

6. Data related to land holding, type and use of land etc. (Jamabandi, Girdavari) collected from revenue records available with local revenue official (Patwari) at village level and office at block level.

7. Data related to socio-economic characteristics and demography of affected villages from the concerning local and block (Panchayat Samiti) offices (Todaraisingh and Malpura) of district administration, Tonk.

8. Legal procedure and proceedings, record of LAO, Malpura

9. Rehabilitation and Resettlement Policy of Rajasthan-Draft of the Policy for Rehabilitation & Resettlement of Persons Displaced or Affected by Projects in Rajasthan, 1999

10. Norms for resettlement of oustees for Bisalpur Dam, Government of Rajasthan, Irrigation Department, Annexure-IV-1, 1991

11. Beverley, H. Land Acquisition Act, 1894, (2 volumes) Delhi law house, Delhi, 2001



CHAPTER VI

6 INCOME RESTORATION

The basic objective of RP income restoration (IR) activities is to ensure that no project-affected person shall be worse off than he or she was before the project. Restoration of pre-project levels of income is an important part of rehabilitating individuals, households and socio-economic and cultural systems in affected communities.

6.1 Introduction

Resettlement programs aiming at preventing impoverishment and restoring incomes and livelihoods of PAPs are normally of two main types. First, land-based programs that provide resettlers with land to regain and build agriculture farms and small rural businesses. Second, non-land based income generating activities such as small business, enterprise development, vocational training, employment, credit, etc., which will help the PAPs to restore any lost income opportunities, or improve their income generating capacity.

Income restoration entitlements provided in this RP to PAPs losing livelihood or suffering loss of income as a result of the project will be delivered in the following steps:

6.1.1 Land based income restoration

Mitigation measures have been planned to address the adverse impacts which are mainly due to land acquisition. For those PAFs who are losing all or a major portion of their agriculture land, RP entitlements recommend for them to purchase equivalent agriculture land in a nearby area by utilizing the allocated land compensation. The best option recognized for most sustainable income rehabilitation is land for land. This option will only be considered when a PAP is losing a significant portion of their land as it would be difficult and inadvisable to replace small strips of land.

PAFs - particularly 10 PAFs from Ladpura, 5 PAFs from Surajpura and 1 PAF from Thadoli - will be losing their entire agricultural land at the water treatment plant, Surajpura. Those PAFs, especially under the BPL category, who chose the option of land for land should be advised to deposit their compensation amount in blocked bank accounts. This should be withdrawn only at the time of making payment against the purchase of land, and the interest accrued during the deposit period will add to their income. This will avoid the misuse of such money in non-economic activities and paying off non-land related debts to money lenders/ bank by the PAPs. However, unutilized agriculture land in the nearby area is either not available, or else very limited land which has been reserved for PAFs of the Bisalpur dam in Bhipur (6.34 ha), Chandsen (8.88 Ha) and Thadoli (9.97 Ha) villages. This is not sufficient to compensate these PAFs by providing land for land. Therefore, BPIU, with the assistance of NGOs and CBOs, should also make efforts to ensure that the compensation amount is utilized for income generating activities in consultation with the PAPs.

8 PAFs losing land live in Todaraisingh town and nearby land may not be available. However, land is available near Ladpura colony, which is owned by Todaraisingh Municipality and private individuals, and the possibility of purchasing the same from them for allotment should be explored. Another 3 PAFs under Surajpura and 3 PAFs from Tordi village will be losing a major portion of their agriculture land areas ranging from 76% to 99%. Nearby land may be available to these PAFs, and it is recommended that suitable agricultural land be identified to provide to those PAFs who chose the land-for-land compensation option.



6.1.2 Non-land based income restoration

The NGO partners, assisted by RUIDP-BPIU, will help the PAPs/CBOs to identify suitable alternative economic rehabilitation schemes through counseling and consultation. Allied agriculture activities consist of various income restoration options such as dairy, poultry, goat and sheep rearing, piggery, etc. All 706 PAFs, who are agriculturist by occupation, can decide on any of these options. This will require training that can be imparted by BPIU in collaboration with appropriate departments and agencies.

A loan of Rs. 10,000 to Rs. 15,000 can be taken under IRDP and other GoR schemes. There is a provision for providing subsidized loans to BPL families (14.2%) for productive activities under Swarna Jayanti Gramin Rojgar Yojana (SJGRY) schemes. 25.4% and 6.6% of the PAFs belong to the SC and ST categories respectively. The SC/ST Finance Corporation can also provide loans to PAFs belonging to the SC/ST population under their schemes. Self help groups (SHGs) are in existence, particularly for women development, and have the potential to mobilize funds for sustainability which can be activated and encapsulated under IR scheme. The RUIDP-BPIU will facilitate access to the District Rural Development Agency (DRDA) to make loans available to PAPs from commercial banks.

Widows (142), handicapped persons (28), aged persons without any dependents (345), and BPL families (100) affected by BWSP should be covered under pension and other welfare schemes implemented by social welfare and other government departments. Many of them have already been covered by these departments. Women and children under BPL families will be given nutrition supplements from the Anganwari center run by women and child development department, GoR.

6.1.2.1 Labour

Public work related to construction of roads, schools, ponds, hospital buildings, etc., under famine relief work and government schemes will be given to the affected persons. In the civil works of BWSP, as many PAPs as possible will be engaged for work by the contractor on priority basis. The successful contractor will be encouraged to hire qualified PAPs as apprentices in the skilled trade sectors so that these persons will be able to develop valuable income generating skills for their future.

In non-land based IR schemes financial credit support is a critical component. Other options include loans for various agriculture implements to raise the productivity, viz. pump sets, dug well, borewell, bullock cart, etc. will be arranged. PAPs who practice agriculture but are devoid of any irrigation facility can be benefited by such loans issued by banks after filing applications processed by DRDA.

Loan camps will be organized by the BPIU, which will include participation of local government officials, NGOs, CBOs and PAFs. Their motive will be to encourage local financial institutions to make credit available, and to make the participants aware of the credit options and how to avoid procedural delays. With RUIDP-BPIU assistance, formalities related to processing of applications for credit assistance can be completed in these camps itself.

6.1.2.2 Vocational Training for APs

Almost all PAPs are dependent on agriculture and many have low skill endowments; hence training will be an important component of RP-delivered income rehabilitation (IR) efforts. Training will be organized with the assistance of NGOs/CBOs during RP implementation by the district/ block R&R committee. BPIU will facilitate the training, and these will be imparted by an NGO partner who will coordinate with industries or khadi board, other Government. departments, private agencies and professionals.



6.1.2.2.1 Training to youth

Training related to income generating activities has potential and advantage of sustainability if imparted to PAPs in affected villages. These, amongst others, may include activities such as the following.

• Embroidery

• Appliance repairs and motor winding

• Making of cement windows

• Gem cutting

• Broom making; leaf plates and cups

• Automobile driving

• Auto and motorcycle mechanics

• Construction trades: masonry, carpentry, welding, rod binding, painting, etc.

• Secretarial work

• Dairy, animal husbandry

• Training related to sheep and wool by sheep and wool research institute, Malpura

Along with income restoration schemes, PAPs and CBOs will be trained in entrepreneurship and marketing of produce to help ensure that their income restoration is put onto a sustainable basis. A rural development specialist, one of the members of the BPIU, assisted by the R&R committee and NGO will identify more potential areas for IR and implement the same to help restore and enhance the income level of the PAPs.

Project management may need to implement both short and long-term strategies for restoring APs income.

6.2 Short-term IR Activities

Short-term income restoration strategies to be used for immediate assistance during relocation and rehabilitation may include:

• Compensation for land, structures, and all other lost assets to be paid in full before relocation;

• House construction grants and relocation subsistence allowances to be paid for the full duration of the period of disruption and re-establishment;

• Free transport or costs of removal and re-establishment for relocation;

• Subsidized inputs for agricultural, and livestock production until income levels are restored;

• Temporary or short term employment in civil construction activities at the resettlement or project construction sites; and



• Special assistance, as appropriate, to vulnerable groups such as women, indigenous people, the aged and the disabled.

6.3 Long-term IR Activities

Project-financed or government financed long-term IR activities can be developed during the implementation of RP. The community and officials of the District administration, District Rural Development Agency (DRDA) and Block Development Office (BDO) should be consulted in designing the mechanisms to dovetail existing government poverty alleviation programs.

Long-term IR strategies involve land and non-land based economic activities that will provide a sustained source of income over a longer period of time and will enable restoration of, or improvements in, the APs standard of living. These strategies may consist of both project-sponsored programs (e.g. purchase of replacement land, employment, training and various inputs for income generation) and establishing linkages to local or national economic development and employment programs in the project area (e.g., poverty alleviation programs and integrated rural development programs).

There are also various kinds of rural credit and micro-enterprise programs managed by NGOs and GoR. In the blocks of Todaraisingh and Malpura NGOs - namely BAIF, CECOEDECON and IIRD - have been implementing World Bank assisted schemes like District Poverty Intervention Programme (DPIP), District Primary Education Programme (DPEP), Rajiv Gandhi school for education and self help group (SHG) for women development. These programs can be implemented in the affected villages to restore the income and livelihood of the PAPs under the BWSP.

6.4 Monitoring of IR Schemes

Monitoring of income generating schemes will be carried out along with the monitoring of other components of RP by an external agency. Compilation of reports submitted by the external agency and the NGO will be done by BPIU to develop an insight into the actual success rate of the IR schemes and make corrective adjustments where required.



CHAPTER VII

7 INSTITUTIONAL ARRANGEMENTS

This section explains about the institutional arrangements and organizational structures of the implementing agency for RP implementation.

7.1 Bisalpur Project Implementation Unit (BPIU)

It is important to ensure that appropriate agencies that are mandated to plan and implement compensation, income restoration, and rehabilitation programs are identified as early as possible in project preparation.

Although the Bisalpur Water Supply Project will ultimately come under the control of the Public Health Engineering Department, RUIDP will have the overall responsibility for finalizing the designs, tendering and award of contract, construction supervision, and ensuring compliance with the RP and environmental management plan. PHED’s responsibilities will be mainly limited to acquiring the required land and paying compensation to the Project Affected Families during the pre-construction period, and taking over the completed facilities for operation and maintenance during the prost-construction period. For the land acquisition proceedings, PHED will be assisted by the existing Government institutions, including the District Collector (DC), District Administration, Land Acquisition Officer (LAO), Revenue Department, etc..

The RUIDP Project Management Unit (PMU), which is headed by the Project Director, has established a separate Bisalpur Project Implementation Unit (BPIU) within RUIDP to oversee and manage the Bisalpur Water Supply Project. BPIU will be responsible to coordinate all resettlement activities, including land acquisition and compensation payment to the APs. This cell is headed by a Chief Engineer on deputation from PHED who is presently supported by two Executive Engineers, six Junior Engineers, and accounting and support staff. The BPIU will be assisted in managing the Bisalpur Water Supply Project by national consultants for the design and construction supervision activities (DSCs) and by the international Project Management Consultant (PMC) for review and approval of the designs, and monitoring compliance with the environmental, RP and contractual requirements of the project. Since this project has limited resettlement requirements, which will affect only a few families, and has limited adverse impacts on other families that will not need to be resettled, a separate resettlement unit is not proposed.

NGOs with experience in social development and poverty alleviation programs and a verifiable track record will be partners in RP implementation. Selected NGOs will be engaged to support village-level RP implementation in coordination with BPIU personnel.

The major issue of concern is to ensure that adequate compensation is paid and rehabilitation opportunities are provided to the PAFs whose land is required to be acquired for construction of the water treatment plant and transmission main. Therefore, particular attention will be paid to ensuring that the recommendations of this Resettlement Plan are complied before construction begins, that proper compensation is paid to the PAFs, and that any grievances are properly addressed and resolved in a fair and impartial manner. Accordingly, RUIDP plans to engage an independent agency or Sociologist to assist in monitoring and evaluating the resettlement and rehabilitation activities, and to assist in grievance redressal.

RUIDP, represented by the BPIU, will have the overall responsibility for implementation of the RP. RUIDP will initiate actions to establish institutional linkages necessary for timely



delivery of PAP entitlements and assure coordination across agencies and districts/block/ village, and between the various social and economic mitigation measures this RP has identified.

The RP provisions for overall coordination of project land acquisition, resettlement and RP implementation are outlined in the following sections. These include the composition and role of the BPIU, the role of non-governmental organizations and the district/block and village level R&R Committees, and PAPs/CBOs who will be involved in RP implementation. It reflects an institutional assessment and provides a strategy for developing the required implementation capacity and minimizing risks. Capacity building will be required to develop the capacity of BPIU staff to plan and implement resettlement programs. To start the process, orientation and awareness among the BPIU and other RP implementers will be provided.

7.1.1 Institutional arrangements

Effective implementation of the RP will require joint efforts by: RUIDP; Collector, Tonk District; district administration; Land Acquisition Officer (LAO), Malpura; revenue department; engaged NGOs and CBOs; and affected communities and PAPs. The RP includes actions and commitments by GoR and the BPIU to coordinate the work of the district, block and village level committees, along with NGOs contracted by BPIU to assist in implementing the RP.

District/block level R&R committees will be formed, consisting of the LAO, Tehsildar (Revenue Officer), Block Development Officer (BDO), Sub-Divisional Magistrate (SDM), Panchayat Samiti representative (Pradhan), NGO partners and CBO/PAP representatives with the District Collector as Chairperson.

Village/hamlet level R&R committees will also be formed to implement the RP activities in the field, consisting of Patwari, Gram Panchayat representatives/Sarpanch, PAPs/CBOs (male and female), NGOs and other stakeholders.

7.2 Organizational Structure

The Project Director, RUIDP-PMU, has the overall responsibility for managing all program works under the Rajasthan Urban Infrastructure Development Project, including the Bisalpur Water Supply Project component. The BPIU, which has been established under RUIDP, will be responsible to implement and manage the RP, including coordination of resettlement activities and providing technical support. In addition, project implementation support will be provided by various agencies at the state, district and village levels.

• State level

o Secretary, PHED, and Secretary, Urban Development Department (UDD), GoR, will be the state level authorities responsible for policy approval and implementation of the RP.

o Project Director, RUIDP Project Management Unit (PMU), will have overall responsibility for management of the BWSP – including this RP – and for providing technical, monitoring and supervision assistance related to RP implementation.

o The Bisalpur Project Implementation Unit, headed by the Chief Engineer, Bisalpur, will have the primary responsibility for implementing the provisions of this RP and for coordinating all RP activities at the different levels.



o In addition to the existing staff, the BPIU will engage the services of a social scientist with R&R expertise, a rural development specialist, a revenue expert and a legal advisor. The social scientist and the rural development specialist will be engaged under contract or through deputation, while services of the revenue and law experts available with RUIDP and/or PHED can be utilized for RP implementation. The LAO, Malpura, will be an ex-officio member in addition to member of District Level Committee to facilitate implementation of the RP.

• District/block R&R committee

o District/block R&R committees will be composed of the District Collector (Chairman), LAO, Tehsildars of the affected Tehsils, Pradhan and Block Development Officers of affected Panchayat Samitis, NGOs and representatives of PAPs/CBOs.

• Village R&R committee and CBO

o Village R&R committees will include PRI representatives (Sarpanch/ward panch), village revenue official (Patwari), implementers of development programs in the villages, and all PAPs (females and males). PAPs will be mobilized and motivated by the partnering NGOs to form CBOs.

o RP implementation will be mediated through district/block and village level committees. These committees will function to provide coordinating nodes for acquisition of land, making compensation, and facilitating PAPs access to most government programs in the entitlement package.

Organizational Structure

Secretary PHED - Secretary UDD

s

Project Director-RUIDP

BPIU Engineers, R&R Expert, Rural Development Specialist, Revenue Expert, Legal Specialist

District/Block R&R Committee Chair Person: Collector Composition-LAO, Thesildar, Pradhan Panchayat Samiti, NGO, PAP

Representatives

Village R&R Committee Patwari (revenue official), Sarpanch/Ward Panch, NGO, PAPs

CBO (PAPs)

7.3 R&R Coordination

The Bisalpur Project Implementation Unit (BPIU) will have responsibility for coordinating the land acquisition and resettlement with other project components. Resettlement and



rehabilitation and the dispensation of entitlements will be implemented by PHED and the BPIU through the District Collector and LAO, Malpura, Tonk District.

BPIU will contribute to social development and will integrate with inputs to the on-going project design and implementation by working with RUIDP project planners, contractors, and construction supervision consultants. It will collaborate with state government agencies wherever necessary, and provide liaison with RUIDP field units and affected communities to coordinate social development at the district/block and village levels. It will help the resettlement operations in the field, and mobilize the assisting NGO partners and PAPs. It will also provide the required training services, oversee a grievance redressal process, actively monitor RP implementation, and cooperate with planned project evaluations.

BPIU will take the initiative to form local level Resettlement and Rehabilitation Coordination Committees of APs and others at the district/block and village levels for the purposes of consultation and participation with PAPs and implementation of the various activities recommended in this RP.

7.3.1 Co-ordination with Government agencies

The consultant (HEAR Society) who has prepared this RP have disseminated information about the project to all PAPs and other residents in the affected villages and requested them to provide their comments about the social, environmental and R&R issues. The BPIU will be responsible for disseminating further project information to the public from time to time, and providing additional opportunities for public comment related to R&R issues.

Revenue Department has the largest and most influential role. Effective cooperation between the RUIDP, BPIU and Revenue Department is essential for smooth functioning of the resettlement program in several important ways. The LAO, a rehabilitation and revenue officer, will play a key role in RP implementation by valuing and making compensation to the PAPs. The BPIU will provide the means and mechanisms for coordinating the delivery of the entitled compensation and assistance to those who will suffer loss.

The BPIU will be accountable for coordinating actions of the LAO for the PAPs located in the areas of Malpura and Todaraisingh blocks of Tonk district so that physical possession of land is acquired by PHED and payment of compensation is not unduly delayed. The BPIU will ensure that the compensation process is fast and efficient so that implementation of the RP will not be prolonged, thereby leading to consequent delays in implementing the BWSP works.

In addition to private land acquisition (which is the focus of this RP), acquiring land for the BWS project will entail transfer of public lands currently under the jurisdiction of the irrigation department, revenue departments, PRIs, etc. The BPIU will be responsible for preparing requests and coordinating the process for the transfer of such land to PHED for the project purposes.

Besides land acquisition and compensation components in which Revenue Department and RUIDP jointly provide entitlements, RP entitlements for income restoration to the PAPs - particularly the vulnerable groups - are solely the project’s responsibility. Many of these entitlements are comprised of employment generation in construction of the project works, and effective coverage under other Government development programs and schemes such as employment generation, rural development, education and social welfare, widow and pensioner schemes, etc. Government poverty alleviation programs assisted by the World Bank and other agencies, being implemented through NGOs in Tonk District, may be tapped to restore the lost livelihood of PAPs. Programs initiated by state and central governments for rural development and women’s welfare can be associated with other entitlements.



Table 7.1: Responsibilities of BPIU Staff

Member Responsibilities Project Director, RUIDP Head of RUIDP. Overall Responsible for implementation of RUIDP,

including overseeing activities of the BPIU. Chief Engineer, BPIU Head of BPIU. Responsible for co-coordinating all activities of the

BPIU and linking the BPIU with other government agencies. BPIU Engineers Report to the head of BPIU. Act as a catalyst between social and

technical team. Social Scientist with R&R expertise

Responsible for implementation of RP. Will coordinate with the District/block and village R&R committees.

Rural Development Specialist

Responsible for implementation of RP, particularly IR activities and social development.

LAO Will co-ordinate with BPIU, District/block, and village R&R committees. Will provide technical support to RP implementation.

NGO Will be a grass roots level worker, actually dealing with the PAPs. Develop rapport with the PAPs, help in skill upgradation, help PAP in obtaining benefits of entitlement framework and appropriate Government programmes. Facilitate purchase of land for PAPs, help in negotiation, if required.

District/block Level R&R Committee District collector, LAO, Tehsildars, Block Development Officer, SDM, Pradhans of Panchayat Samiti concerned, PAPs representatives NGO partner

• Announcement of award, assistance, negotiation with reference to award, land, etc.

• Co-ordinate with village level government officials, line departments, government agencies.

• Organize public hearings and grievances redressal of PAPs • Provide venue at block level for coordination and implementation

Village Level R&R committee

Patwari, Sarpanch Identification of PAPs NGO Ensure compensation and assistance benefit to actual PAPs All PAPs (female & male)

• Implementation of R&R entitlements including vulnerable groups • Play catalytic role in M&E process

7.4 NGO Capacity Assessment

An NGO capacity assessment exercise was undertaken by the consultant during the census and socio-economic survey. NGOs working in the villages have been identified and it is recommended that one NGO be selected or contracted for each Block to assist the PAPs in the affected villages. Accordingly, two NGOs with experience, knowledge of, and contacts with APs should be engaged to provide services for implementing this RP, for which appropriate actions may be initiated by RUIDP/BPIU.

A capacity assessment of the NGOs working in Tonk district, particularly in the rural areas of Todaraisingh and Malpura blocks, was carried out by the consultant during preparation of this RP. The strength of the organization, experience, infrastructure facilities, area of operation, type of activities, mode of working, legal status, sources of funding, etc., were parameters which were used for assessment. A structured schedule was used to collect the



relevant data and personal contacts were made with the NGO management to ascertain their commitment and willingness to work for implementing the RP.

Local NGOs, namely BAIF, World Vision of India, Institute of Rural Development, and Dev Narain Vikas Sansthan have been working in the rural areas of Todaraisingh Block, while CECOEDECON, Gramin Vikas Samiti, and Gramin Takniki Sodh Sansthan (Pachewar) have been working in the rural areas of Malpura Block. It is recommended that RUIDP enter into agreement with one NGO for the affected villages in Todaraisingh Block, and one NGO for the affected villages in Malpura Block.

The following criteria were used in assessing the NGOs suitability and capabilities for assisting in the resettlement work. The NGO should:

• Be from the project-affected area or have prior work’s experience in the area;

• Have a good track record in terms of program planning and implementation in areas like rural development, poverty, gender and environmental issues;

• Have appropriate staff with technical and social skills in resettlement, community development and participation, including familiarity with the local language(s) and customs;

• Be registered with the government as an NGO with good standing and sound financial condition for project implementation purpose; and

• Not be involved with any political party or religious groups directly or indirectly.

Based on the consultant’s assessment of the local NGO capabilities, along with the responses and receptivity of the PAPs and other local people, it is recommended that the following NGOs be selected for assisting the impacted villages and PAPs:

• BAIF for the Todaraisingh Block, and

• CECOEDECON for the Malpura Block.

• The NGOs will be recruited for the implementation of RP. The selected NGOs will be trained in resettlement policy and practices and will be based locally with sufficient manpower and leadership. The R&R Consultants will play a key role in this venture. NGOs will become an integral part of the project team. Involvement of NGOs in resettlement projects will be particularly useful in the following areas:

• Gathering and sharing information and avoiding potential problems;

• Mobilization and motivation to PAPs to form community based organizations;

• Planning and implementing income-generating schemes;

• Developing information campaigns and community participation;

• Strengthening local institutions and community self-reliance; and

• Delivering services to hard-to-reach communities in a more efficient and cost-effective manner.

RUIDP will engage the services of the NGOs to partner in the RP implementation and to work closely with the District/block R&R committee. NGO participation at all stages is



expected to foster increased appreciation of social development factors and promote responsible delivery of RP benefits, particularly to vulnerable groups. NGO involvement is also vital for the farmers impacted by the project who are losing strip of land (as is typical in linear projects).

The NGO partnership will also help provide the BPIU members with the grassroots skills and capacity for their field activities. The NGOs will substantially enhance counseling, encourage productive utilization of compensation and rehabilitation grants, facilitate PAP access to financial assistance under various subsidy-related development programs, and increase the social acceptability and effectiveness of training programs organized for PAP participation in self employment schemes.

Key tasks that are to be carried out by the partnering NGOs will include:

• Establishing rapport with PAPs, and the between PAPs and the District/block R&R committee and BPIU for improving cooperation and coordination;

• Formation of CBOs to organize the PAPs and promote their participation;

• Assessing the level of PAP skills and efficiency in pursuing economic activities, identifying the scope and necessity for training, and conducting such programs to improve the efficiency and/or to impart new skills to PAPs;

• Assisting PAPs in receiving resettlement and rehabilitation entitlements due to them, particularly compensation and/or assistance for land and property losses;

• Providing proper guidance to PAPs for making the maximum use of benefits under the R&R policy provisions, and motivating them for the same;

• Facilitating negotiation of prices for purchase of land, including relocation and resettlement where required, and expediting the same through Land Purchase Committees, if needed.

• Helping the PAPs to derive benefits from development programmes;

• Assisting and motivating PAPs in enhancing their income though income restoration activities;

• Encouraging and ensuring marketing of produce and other goods, especially those generated under self employment activities;

• Enhancing people’s participation by consulting the community and assisting them by explaining the entitlements to the PAPs and helping them in choosing the right alternative;

• Representing the PAPs/CBOs in presenting their grievances at the Grievance Committee meeting;

• Helping PAPs to gain the benefit of the various government schemes for housing, employment and training schemes available during the project; and

• Furnishing other services as required and identified by the BPIU.

• NGO (s) will be contracted on specified terms and conditions with appropriately secured financial accountability. Contract payments will be linked to task performance within an agreed-upon work plan and schedule and released monthly



on certification of progress. The project’s Monitoring and Evaluation component will include indicators and criteria for assessing the NGO performance. The NGOs will submit copies of their reports for ADB to review.

7.4.1 Transparency

Complete transparency and accountability regarding the land acquisition proceedings and people’s entitlements will be ensured through information dissemination and people’s participation. Any accusation of impropriety will be avoided by making the compensation payments and providing assistance and other support in group/public settings. The rights and interests of the PAPs will be recognized and respected by pursuing standard land acquisition procedures.

7.4.2 Training

Capacity building of RUIDP and BPIU staff will be required to implement RP. A two to three day orientation-cum-training will be organized for personnel from RUIDP, BPIU and the selected NGOs to present the philosophy, findings and recommendations of this RP, and the specialists from R&R, social development, revenue and law will be invited to deliver lectures. The LAO will be a special invitee. The infrastructure facilities available with RUIDP and/or the State government will be utilized for the purpose. ADB personnel with experience in RP activities will also be invited to share their experiences with the trainees.

Remuneration will be paid in addition to the travel and boarding/lodging cost to specialists. Stationery and meals will be provided to the participants. A budget of Rs. 50,000 is estimated for this training program.

Table 7.2: Estimated Cost for Capacity Building of BPIU Staff

S. No. Particulars Cost (in Rs.)

1. Stationary 5,000

2. Remuneration 10,000

3. Travel 15,000

4. Boarding/Lodging 6,000

5. Meals 10,000

Total 50,000



CHAPTER VIII

8 IMPLEMENTATION SCHEDULE

8.1 RP Implementation

Remaining activities under this RP include review and approval by the Government and ADB of the resettlement policies and actions recommended in this report, recruiting additional staff for the BPIU, selecting and contracting with local NGOs, and ensuring effective public participation, compensation, income restoration and RP implementation. An implementation schedule has therefore been developed for each activity under the RP, which is presented at the end of this Chapter.

As per the Bank’s policies, no civil works are to be started before compensation has been paid and the land acquired. Additional assistance will be provided to the affected population in accordance with this RP policy framework before, during and after the works are taken up. Accordingly, RUIDP should ensure timely implementation of the RP so that the land can be acquired, PAPs properly compensated and rehabilitated, and land handed over to the project contractor free and clear of any encumbrances.

Notification for land acquisition has already been issued by the Land Acquisition Officer. The rules for the time required, from when the people are first notified about the decision of the Government to the time they are supposed to vacate their holdings, are provided in the Land Acquisition Act. The normal procedures for LA have been followed by the LAO and other authorities in this project.

8.2 Implementation Procedure

Implementation of the RP will consist of the following four components:

• Identification of cut-off date and notification;

• Verification of properties of affected persons and estimation of their type and level of losses;

• Preparation of entitlement persons for Land Acquisition; and

• Relocation and resettlement of the PAPs, if required.

a. Identification of cut-off date and notification

• According to GoR and ADB policies, the cut-off dates will be the date of the socio-economic survey for those who do not have legal titles, which is June 2003. For legal titleholders it is notification under Section 4 of the LAA.

b. Verification of land and properties of PAPs and losses:

• The next stage of the RP implementation is the identification of all entitled PAPs. The checking of recorded addresses, type of land and property, estimation of type and level of losses will be included in the verification procedure. This stage also includes consultations for explaining the entitlement framework to the PAPs, methods of payment of compensation, assistance entitlements, grievance procedures,



participation in implementation, etc. PHED and BPIU, with assistance from the village level R&R committees and local NGOs, will be responsible for these activities.

c. Preparation of PAPs for surrendering land/property under acquisition

• The third stage is comprised of preparing the PAPs for surrendering their land/ property through various methods like information in written form and individual consultations. The role of the partnering NGO in this respect will be very significant. Consultation with the community will be done throughout the project transactions, and efforts will be made to continue with all the development activities. No physical relocation from agriculture land, residential units, or other immovable properties will begin before alternate arrangements have been made.

d. Compensation, relocation and resettlement

• Compensation will be made in accordance with standard Government procedures and the policies set out in this RP. However, there are no significant relocation requirements under the project, which will be occasioned by loss of residential structures.

For two affected households, which are located within the agricultural land at Tordi village, the owners will be able to relocate their houses by re-constructing them on the same property, but off of the ROW itself. Although the existing structures will need to be demolished and reconstructed, for which compensation will be made, new resettlement sites will not be required. In the cases of another three “semi-pucca” structures and five “Kutcha’’ structures which are to be acquired and demolished, relocation will not be required since the PAFs have other living areas which they are using close to these structures.

8.3 RP Implementation Activity Schedule

The primary requirements for proceeding with implementation of the RP will be its endorsement by the GoR and approval by the ADB. In parallel with this, however, RUIDP can proceed with additional staffing for the BPIU, appointment of NGOs, formation of District/block and village level R&R committees, hiring the services of social scientists/R&R expert, rural development specialist, revenue adviser and legal adviser (latter two expertise available with PHED/RUIDP), and selecting an agency/specialist for monitoring and evaluation.

In parallel with this exercise, assistance can be provided to the PAFs for finalizing the shifting allowance to the two affected PAFs, maintenance allowances to adversely affected PAPs, loans for construction, etc. There are a total of ten residential structures which will need to be acquired (one pucca, four semi-pucca and five kutcha type) and the affected PAPs have opted for self-construction of these structures.

Livelihood and income restoration activities for the PAPs will be initiated by the selected NGOs, and the rural development specialist will prepare a detailed plan and implementation program for the activities which will help to restore and/or improve the income levels of the PAPs. An external agency/specialist will monitor and evaluate the implementation of the RP and, subsequently, the post-project status of the PAPs. BPIU will work with the M&E agency/specialist and take any necessary remedial measures to improve the performance as may be suggested by the agency.

A proposed implementation program for implementation of the RP is given in the end of this Chapter.



8.4 Legal Proceedings for Land Acquisition

The sub-divisional Magistrate posted at Malpura, who has been designated as the LAO for BWSP, has followed the legal procedures of the LAA 1894 (Amended 1984). Under Section 4(1) public information for the LA was notified on 17.12.2002. Under Section (U/S) 4(2) notice of 7 days was issued to owners of land/property on 20.12.2002. Under Section 5 of LA 1984 notice was issued to stakeholders for hearing of objections. Further, under the Section 6, 17 (1) 9(1) notice the LAO/SDM, Malpura, was authorized to acquire the required land from private owners.

LAA 1894 (Amended in 1984) U/S 9(1) (3) notice was issued on 7.3.2003 to all persons to prove with evidence ownership of land/property and express their opinion about suitable compensation within 15 days. The boundaries of land acquisition have been declared and actual LA will now begin. With the acquisition of land, compensation for the same will be disbursed to PAPs. Once the LA is over, PHED will take the possession of the acquired land.

Details about the land acquisition in the affected villages of Todaraisingh and Malpura blocks, Tonk District, have been published in the Government of Rajasthan Gazette Notification dated 5.2.2003; this notification includes ownership details, Khasara No. (revenue title), total area, area under acquisition and type of land. This information has also been published in two local Hindi newspapers.

On 26 March, 2003, the LAO officially wrote a letter to the Executive Engineer, Bisalpur Project (I), regarding the LAA 1894 U/S 17 (1), requesting payment of the amount of 80% compensation in the form of cheque/draft for disbursement to the PAPs so that the individual owners can give possession of land to PHED. After the receipt of the compensation amount from PHED, disbursement of compensation to the PAPs will be initiated by the revenue department/ district administration, following which land can be acquired and possession taken by PHED.

An initial budget of Rs. 1.20 crores has been allocated to the Collector, Tonk District, by PHED, GoR, for initiating the land acquisition proceedings. As detailed in Chapter 9, additional funds will need to be allocated for finalizing the compensation and taking up other agreed RP activities.

8.5 Implementation Responsibility

RUIDP, represented by the BPIU, will be responsible for implementation of the RP activities. In anticipation of approval of the project implementation schedule by GoR, RUIDP will take immediate actions as follow:

• Establishment of the project PIU

PHED has already issued necessary orders for the deputation of engineers under Chief Engineer, BPIU, and to contract with other experts for implementation of the RP.

• Conduct orientation training to BPIU staff

As soon as all BPIU personnel are in place, RUIDP will arrange a training program for RUIDP, BPIU and NGO personnel that will include modules on project-associated resettlement and rehabilitation responsibilities under the GoI, GoR and ADB policies. Project-induced displacement, project R&R goals and resettlement and rehabilitation objectives, basic provisions of the project RP, etc., will be discussed by the resource persons and participants of BPIU. Orientation and training will include a workshop and initial field exposure to the staff members.



• NGO selection

NGOs working in the field have been identified (see Chapter 7), and RUIDP may initiate the procedures for contracting with qualified NGOs on the basis of the aforementioned selection criteria. Finalization about the NGOs in consultation with R&R Consultation will be completed shortly to start the implementation of RP.

• PAP consultations by BPIU

The effectiveness of the R&R program is directly related to the involvement and participation of project affected persons. It will enhance both the probability of their successful resettlement and rehabilitation and contribute to overall project success. In view of this, it is recommended that BPIU initiate the consultation process with the PAPs by contacting the affected persons, informing them about their entitlements and options for resettlement, and handing over their ID cards. In subsequent stages, the compensation will be dispensed, possession of the land will be taken, and the process of shifting and initiating income restoration activities will be taken up, irrespective of the number of PAPs.

• Affected person identity cards

Identity cards in the name of head of the family will be issued to all the affected families. These cards will contain the following particulars: name and passport size photograph of head of the household, age, sex, caste, BPL, vulnerable status, occupation, and type and extent of loss (see Annexure-XI).

These cards will be delivered to the PAPs prior to acquisition of land and properties and properly acknowledged by them.



RP Implementation Schedule (2003) Bisalpur Water Supply Project

June July August September October November December Weeks Weeks Weeks Weeks Weeks Weeks Weeks

S. No.

Activities

1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4Establishment of BPI

Submission of RP draft repor3 Review and Editing 4 GoR approval to full RP and entitlement

matrix RP clearance by AD

6 Recruit Social Scientist/ R&R Specialist and Rural Development Specialist

7 Training to RUIDP and BPIU staffSelection of NGOs

9 Formation and meeting of District/Block R&R committee

10 Formation and public meetings with village R&R committee and PAPs

11 Consultations with PAPs for entitlement12 Hearing objections 13 Grievance redressa14 Identity card distribution15 Implementation of RP - Disbursement of

compensation, Income Restoration, Relocation, R&R activities

16 Land Acquisition and possession17 Appointment of M&E agency/specialist

1 U

2 t

5 B

8

l

Income restoration activities and monitoring and evaluation will continue after December 2003



CHAPTER IX

9 COST & BUDGET

9.1 Project Cost Estimates

This RP provides a cost and budget estimate for the resettlement implementation, including compensation for land and asset acquisition, shifting assistance, training for project staff and affected persons, services of NGOs, monitoring and evaluation, and other incidental costs. All costs of rehabilitation and resettlement have been included as a part of the overall estimate of the cost of the Bisalpur Water Supply Project.

The costs related to LA and compensation, including transfer of property titles from private individuals to the State, will be paid by GoR. The RP also includes extension of existing poverty alleviation and other development programs, which are assisted by GoR to the PAPs. Other support mechanisms such as training, cash assistance, or funds for income generating schemes, etc., will be provided from the overall project budget.

The total costs for land acquisition and R&R activities recommended under this RP are estimated at Rs. 24,119,114, which is approximately 0.35%, of the total cost of Rs. 69,000 lacs for BWSP - a small fraction of the total project budget. Details about the preliminary cost estimates for the Bisalpur water supply system and the sources of funding are given in the Tables below.

Table 9.1: Bisalpur Water Supply Project Cost Estimates (in lacs)

S. No. Particulars Total1.0 Transmission System 1.1 Intake Pumping Station 1,250.01.2 Raw water pipeline 2,296.01.3 Treatment plant 4,708.01.4 Treated water transmission line 33,410.01.5 Treatment plant pumping station 2,965.01.6 Power works-High voltage 3,278.01.7 Division office & Other buildings 103.0

Basic cost of Transmission system 48,010.02.0 Cost for Transfer and Distribution Systems 2.1 Terminal point (CWR & Pump station at Balawala) 1,785.02.2 Transfer network in developed areas 8,690.02.3 Total Transfer Booster Pumping Stations 2,998.02.4 Power supply 3,365.02.5 SCADA 956.02.6 Buildings 1,126.02.7 Distribution Centers & NRW Works 2,070.0

Basic cost of Transfer system 20,990.0 Total Cost, Bisalpur Water Supply Project 69,000.0

Source: Rajasthan Urban Infrastructure Development Project




Table 9.2: BWSP-Budget Sources Estimates (in Lacs)

S. No. Source of Funding Estimate

1. Government Grants (outside RUIDP) 14,000.0

2. Government Loan 0.0

3. Institutional Loan (LIC, HUDCO, etc.) 7,000.0

4. Funding under RUIDP 48,000.0

Total Financing, Bisalpur System 69,000.0

Source: Rajasthan Urban Infrastructure Development Project

9.2 Land Acquisition and RP Cost Estimates

9.2.1 Private land

The project resettlement policy specifies that true market or replacement value of private land to be acquired and lost assets will be provided to project-affected persons. Compensation which will be paid by the PHED/Revenue Department (based on land rate approved by DLC) is based on the market value as verified through the most recent land transfer records for similar types of land in the affected area, along with detailed surveys of the affected land and assets. A solatium of 30% of compensation value is added to the government compensation, and interest @12% per annum will be paid to the PAP from the date of issuing notice for LA.

Based on this, the basic cost of land acquisition is estimated at Rs. 12,185,711, as follows. Additional compensation of Rs. 3,655,713 will be paid for the 30% solatium for involuntary acquisition, along with 12% interest between the date of issuing notice and making the compensation payments.

Table 9.3: Basic Cost of Land under Acquisition (in Rs.)

Land Rate Irrigated Unirrigated

Villages

Cost / Bigha

Amount Cost / Bigha

Amount

Total

Surajpura 31,000 280,086 22,000 669,999 950,085Water treatment plant

Ladpura 39,400 --- 27,600 1,758,492 1,758,492

Thadoli 33,900 206,883 23,800 853,140 1,060,023Ghati 45,000 881,017 35,000 532,539 1,413,556Surajpura 31,100 --- 22,000 409,229 409,229Bhipur 32,000 46,515 20,000 346,968 393,483Todaraisingh 83,300 259,937 61,600 1,002,697 1,262,634Tordi 60,000 2,131,151 45,000 1,373,989 3,505,140

Pipeline

Chandsen 32,000 98,819 23,000 1,334,250 1,433,069 Total 3,904,408 8,281,303 12,185,711



9.2.2 Common property resources

The common property resources - particularly the pasture land for grazing cattle and other animals – will need to be restored in consultation with the affected people wherever this is required considering, however, that land acquired for installation of the pipeline will be made available for public use after completion of construction. The Panchayat Raj institutions will take initiatives in this direction, and GoR will provide alternate land to Panchayat Raj institutions wherever feasible in the affected villages. Therefore the cost of pasture land (common property resource) is not budgeted.

9.2.3 Value of buildings/structures

Total cost of the housing structures, which are to be acquired for the BWSP, is estimated at Rs. 401,380. This includes one pucca structure at Tordi village with a constructed area of 134 square meters, four semi-pucca structures (3 at Todaraisingh and 1 at Tordi), and five kutcha structures (1 at Surajpura, 1 at Todaraisingh, and 3 at Tordi village).

In addition, a sum of Rs. 43,800 will cover the costs of miscellaneous structures, including minor shrines, canopies, cattle sheds, etc., and a sum of Rs. 2,000,000 will cover the costs of twenty wells that will be disturbed by the works.

Construction costs used in budget calculations for the building/ structure values are based on PWD’s Basic Schedule of Rates (BSR) as shown in the table below.

Table 9.4: Cost of Structures under Acquisition

Type of structure Number Cost @ Total cost (Rs.) Kutcha 5 1x 7,000 + 1x5,000 + 3x6,000 30,000Semi pucca 4 3x18,000 + 1x40,000 94,000Pucca 1 134 m sq x 2,070 per m. sq 277,380Shrine 3 5,000x3 15,000Canopy 1 21,000 x 1 21,000Cattle shed 3 800 x 1+ 2,000 x 1 + 2,500 x 1 5,300Fodder store 1 2,500 x 1 2,500Wells 20 100,000x20 2,000,000Total 2,476,680


9.2.4 Basis of other values

The basis of cost estimates included in the RP budget for shrines, well, trees, shifting allowances, income generation, vocational training and others are described below.

9.2.4.1 Shrines

During the census and socio-economic survey, three minor shrines (two in Todaraisingh and one in Tordi) and one canopy (a type of shrine for religious faith) at hamlet Bhawanipura, village Tordi, were identified within the project area for potential land acquisition. These shrines and canopy will be relocated in consultation with communities to sites of their choice. Shrines affected are of small size, averaging less than two square meters. Based on market



cost for pucca construction an estimate of Rs. 4,000 per shrine, plus Rs. 1,000 each for rituals and rites, has been provided. The cost of construction and design of one canopy is estimated to be Rs. 20,000, plus Rs. 1,000 for the rituals.

9.2.4.2 Wells

After the latest realignment of BWSP by PHED in June 2003 a total of 20 wells will be under acquisition. The cost of a well is estimated to be Rs. 1 lac each as per GoR rate (a similar rate was reported from the PAPs) for a total of Rs. 2,000,000.

9.2.4.3 Trees

The trees that will be uprooted under the LA will be replaced by planting new trees under the project’s Environmental Management Action Plan (EMAP). The cost of trees to be removed from the private land is estimated under a market survey conducted in consultation with PAPs and others. The cost depends upon species, age of tree, and productivity value. The number of trees required to be uprooted from the private land of the PAFs could not be estimated, as it was difficult to know the exact number of trees coming in the land for acquisition because PAFs were not certain about the precise boundaries of the land portion to be acquired. However, an approximate number of the affected trees on the private land of PAPs is given below.

Table 9.5: Trees Over the Land under Acquisition water Treatment plants.

No Type of trees

Thadoli Bhipur Todaraisingh

Chandsen Ghati Surajpura pipeline

Tordi Ladpura Surajpura

Total

1. Khejri 8 5 8 127 25 2 1 2 176 2. Babool Desi 38 269 88 264 297 13 461 5 13 1438 3. Babool Vilayati - - - - 15 - - - - 15 4. Sarijna 4 - - - - - - - -- 4 5. Neem 17 4 56 15 6 3 21 - 3 122 6. Peepal 1 - - - 1 - - 2 7. Lemon 81 - 84 25 12 - 65 - - 267 8. Gauva 2 - 5 6 1 - 12 - - 26 9. Sheesham 1 - 2 2 - - 19 24 10. Jaal - - 1 19 19 - - 39 11. Pilu - - - - 32 - 10 - - 42 12. Eucalyptus - - 1 - 4 - 14 - - 19 13. Castor - - - - - 14 - - 34 14. Karunda 2 - 26 22 - - 32 - - 82 15. Banyan - - 1 - - - - - - 2 16. Lesua - - 1 - - 11 - - 12 17. Sitaphal - - 89 - - - 1 5 - 90 18. Jungle Jalebi - - - - - - 9 - - 9 19. Orange - - 15 - - - 5 - - 20 20. Pappaya - - 2 - - - 5 - - 7 21. Black

berry - - - - - - 1 - - 1

22. Mango 17 - 22 3 - - 3 - - 45 23. Mulberry - - - - -- - 3 - - 3 24. Khajoor - - - - 57 - 244 - - 301 25. Mehndi - - 20 - 3 - 4 - - 7 26. Aanwala - - 21 7 - - 1 - - 29 27. Ber - - 12 9 9 - - - - 30 28. Aadu - - 2 1 - - - - - 3 29. Badam - - 1 - - - - - - 1 30. Mogra - - 5 - - - - - - 5 31. Grapes - - 1 - - - - - - 1 32. Belpatra - - 1 - - - - - - 1 33. Paan - - 8 - 1 - - - - 9 34. Imli - - - - - - 1 - - 1 35. Chikoo - - 15 - - - - - - 15 36. Dhak - - 2 - - - - - - 2




The preliminary estimation of compensation for the loss of trees is given below.

Table 9.6: Compensation Cost of Trees

S. No. Trees Number Cost 1. Khejri @ Rs. 800 176 140,800

2. Babool (desi) (3-4 years) @ Rs. 225 1438 323,550

3. Babool (vilayati) @ Rs. 100 15 1,500

4. Seesham @ Rs.7000 24 168,000

5. Khajoor @ Rs.1500 301 451,500

6. Lemon (fruit bearing) @ Rs. 1800 267 480,600

7. Guava (non fruit bearing 3-4 years old) @ Rs. 1500 26 39,000

8. Neem ( large and 20 years old) @ Rs.1400 122 170,800

9. Mango (non fruit bearing) @ Rs. 2000 45 90,000

10. Jungle Jalebi @ Rs. 1500 9 13,500

11. Sitaphal @ Rs. 500 90 45,000

12. Jaal @ Rs. 800 39 31,200

13. Ber @ Rs. 200 30 6,000

14. Belpatra @ Rs. 500 1 500

15. Aanwala @ Rs. 500 29 14,500

16. Aadoo @ Rs. 1200 3 3,600

17. Orange @ Rs. 1000 20 20,000

18. Banyan @ Rs. 8000 2 16,000

19. Blackberry @ Rs. 1000 1 1,000

20. Grapes @ Rs. 500 1 500

21. Chikoo @ Rs. 1500 15 22,500

22. Dhak @ Rs. 1500 2 3,000

23. Papaya @ Rs. 800 7 5,600

24. Sarigna @ Rs. 700 4 2,800

25. Pilu @ Rs. 200 42 8,400

26. Eucalyptus @ Rs. 1000 19 19,000

27. Castor @ Rs. 500 34 17,000

28. Karunda @ Rs. 500 82 41,000

29. Lesuaa @ Rs. 800 12 9,600

30. Mehndi @ Rs. 80 7 560

31. Badam @ Rs. 3000 1 3,000

32. Mogra @ Rs. 400 5 2,000

33. Beetal @ Rs. 700 9 6,300

34. Imli @ Rs. 2000 1 2,000

35. Mulberry @ Rs. 400 3 1,200

Total 2,884 2,161,510




9.2.5 Shifting allowance

Estimated moving costs used in calculating the budget is Rs. 600 per affected household or structure, for a total of Rs. 6,000 for 10 structures at four locations (Tordi, Surajpura, Bhawanipura and Todaraisingh).

9.2.6 Vocational training

A total of 2,565 affected adults (male 1,227 and female 1,338) will be provided with vocational training by the NGO partners, and through other available resources – both Government and private sector. The budget estimate for this is provided below:

Table 9.7: Cost of Vocational Training

Cost of training @ Rs. 1,000 per person 2,565,000 Cost of training materials 200,000 Contingencies 100,000 Total 2,865,000


The PAPs who are eligible for training will be given the opportunity to choose the skill in which they want to take the training under the available programs. PAPs from the vulnerable groups will be given preference for this support. Training will be imparted under the District Rural Development Agency (DRDA) scheme of the TRYSEM, Swaran Jayanti Gramin Rojgar Yojana (SJGRY) and any other program chosen by PAPs and NGO under the close association of the BPIU rural development specialist.

9.2.7 Other costs

• Cost for capacity building to RUIDP and BPIU staff is estimated at Rs. 50,000

• Miscellaneous expenditures (communications, photocopying, printing, transportation, reports, etc.) are estimated at Rs. 150,000.

• The cost of engaging the services of two local NGOs has been estimated at Rs. 360,000, based on a rate of Rs. 15,000 per month per NGO for a service period of one year each.

• The cost for the M&E agency/specialist has been estimated at Rs. 240,000, based on four months services on an intermittent basis over an eighteen month period at a rate of Rs. 60,000 per service month.

9.3 Total Budget

Based on the above considerations, the total cost for land acquisition and implementing the provisions of this Resettlement Plan is estimated at Rs. 24,119,114, which is 0.35% of the total cost of Rs. 69,000 lacs for the Bisalpur Water Supply Project.

The cost estimate for land acquisition and major RP-provided entitlements is summarized in the following Table:



Table 9.8: Budget Estimate for BWSP Resettlement Plan (In Rs.)

S. No. Item Phase I

Compensation for acquisition GOR RUIDP Total 1. Private land: Basic cost 12,185,711 12,185,7112. Private land: 30% solatium 3,655,713 3,655,7133. Private residences 401,380 401,3804. Shrines and canopy 36,000 36,0005. Miscellaneous structures 7,800 7,8006. Wells 2,000,000 2,000,0007. Trees 2,161,510 2,161,5108. Shifting Assistance 6,000 6,000 Sub Total: Compensation 20,454,114 R&R Activities

9. Training for RUIDP & BPIU staff - 50,000 50,00010. Training for PAPs - 2,865,000 2,865,00011. NGO services for RP implementation - 360,000 360,00012. M&E agency/specialist - 240,000 240,00013. Miscellaneous other costs 150,000 150,000

Sub total, R&R Activities 3,665,000 Grand total 24,119,114

* 12% interest rate will be added at the time of disbursement of compensation to PAPs.



CHAPTER X

10 GRIEVANCE REDRESSAL

10.1 Introduction

This RP provides adequate attention to people’s participation and providing support mechanisms to PAPs to enhance their acceptance of the rehabilitation and resettlement program. This will result in a reduction in complaints and grievances.

Even then, however, there will be individuals or groups who feel unsatisfied with the compensation and support provided to them, or that their requirements have not been addressed properly. Therefore, the project will incorporate a grievance redressal process with BPIU and district/block level R&R committees to hear the complaints and provide solutions, and reduce unnecessary litigation by resolving disputes through mediation. Local people, PAPs, CBOs and NGOs engaged in implementation of RP will express their concerns to the district/block committees and BPIU to redress their grievances.

10.1.1 District/Block R&R Committee

The district/block level R&R committee headed by the District Collector, Tonk, will handle grievance redressal matters in their jurisdiction. The committee will consist of NGO(s), local MLA, Pradhan of affected block, LAO, revenue officials (Thesildar etc.) and representatives of project-affected persons.

The committee will perform the following functions:

• Hear the grievances of the PAPs, and provide an early solution to them;

• Help the PAPs on problems emerging out of land and property acquisition, RP entitlements, and compensation and assistance provided to them;

• Immediately bring any serious matters in knowledge of BPIU; and

• Inform the aggrieved parties about the progress of their grievances and the decisions of the BPIU and district/block R&R committee.

The district/block R&R committee will suggest measures at the field level itself and the village R&R committee or the CBO will extend assistance and support. Also, the involvement of the village committees will help create a congenial social atmosphere to resolve the people’s grievances. The district/block R&R committee will meet at least once in a month on a pre-fixed date during implementation of the RP and give its decision within a time frame of one week.

However, for any appeal against the decision of R&R committee, the PAPs can approach the court of law. The Honorable court can be requested to expedite and resolve any litigation related to land/property acquisition in the interest of the project and people. Some issues and disputes warranting the grievance redressal of the PAPs and people are presented at the end of this chapter.

Any litigation cases which remain unresolved at the district/block level R&R committee or threaten the smooth implementation of RP will be heard at “Adalat” judiciary within the



village. This camp approach with a competent authority from the judiciary - like “Prashasan Gaon Ke Sung” (administration with villagers) - can be followed to resolve any matters related to land/property acquisition disputes.

To expedite the redressal of grievances related to award and payment of compensation to PAPs, which are sub-judice in the courts, the following activities may be initiated:

10.1.2 Functions of District/Block R&R Committee:

• Identification of cases

All pending cases of land, structure, or other property acquisition pertaining to the project by PAPs who are seeking enhanced compensation may be listed with the help of the courts and district government pleader by the LAO authorized to acquire land by GoR.

At present there are only a very few cases of dispute, with or without litigation complications, although some cases are pending in the sub-divisional magistrate court Todaraisingh which need to be addressed at an early date. Cases (if any) pertaining to the land and structures of displaced persons, land and structures of adversely affected PAPs, and land and structures of partially affected PAPs may be taken up for grievance redressal on a priority basis.

• Updating the record of rights

The Collector, Tonk District, may direct the revenue department officials to update the land records. This will help avoid many potential disputes (including those of deceased claimants) and will bring the legal representatives onto the record of rights by effecting mutations wherever necessary.

• Gram Sabha (village council) meeting

In the Gram Sabhas or village council meetings the LAO, with the assistance of village R&R committee/CBO, may ask the village council members to discuss the matter of land/ property under acquisition and any CPR disputes in the affected villages. Attention of the PAPs can be invited to quick, inexpensive and amicable settlement of compensation claims. All possible efforts will be initiated by the BPIU to motivate the affected landowners for a voluntary and amicable settlement of their claims outside the court. They will also be advised to get their records of rights updated.

Meetings should be conducted by the Collector as Chairman of the district/block R&R committee, along with its other members. Informal discussions may be held to seek support of the PAPs and villagers regarding (1) land/structure values/prices; (2) compensation expected by the PAPs; (3) legal remedies available; (4) rehabilitation measures undertaken by the Government; and (5) sharing of information.

• Information Campaign

Handouts highlighting the prospects of amicable settlement of the dispute in question, outside the court and at less expense, should be distributed among all the affected persons. In addition, public announcements may be made in the affected areas and press notes may be released in the local Hindi newspapers to aid publicity.



• Spot inquiry by the Committee

For settlement of compensation claims, the R&R committee may visit the land and structures to be acquired on the appointed date and obtain the views of the property owners regarding enhancement of their original property valuations. The committee may also verify (1) cropping pattern and average yield, (2) the nature of land and soil, (3) construction typology and material used, (4) age of the structure, and (5) market price of land and structure of similar nature in non-affected areas, etc.

The results of such assessments may be compared with the preliminary land and asset value assessments, which are provided in this RP to arrive at a fair determination of compensation entitlements.

• Compromise through Conciliation

In every identified case, compromise/consent for a specific price for the affected land/structure is essential. This is obtained as an ultimate product of the series of conciliation, mediation and negotiation exercises conducted with the PAPs by the Chairman and other members of the R&R committees. If PAPs accept the recommendations made by the committees, mediations may be held at the appointed places by the committee along with PAPs who are willing to take part in these proceedings. This process will facilitate arriving at a mutually acceptable price for the property in question. If this conciliation fails, the case may be placed before the court for resolution.

• Compromise decree

The R&R committee or LAO will prepare a report on the compensation payable to the parties and submit the same to the Government within a period of 1 month or less for approval. The parties and their counsel will be advised to file compromise as soon as a government order (GO) is issued. The court, on being convinced of voluntary settlement, will pass a compromise decree.

10.2 Land Ownership Disputes

During the census and socio-economic survey it was found that most project affected households hold patta (legal title) to their agriculture land which is recorded in the revenue record of Patwari, village level revenue official. But in some cases, for example at the water treatment plant at Surajpura, a few PAHs reported that the land ownership is disputed. Such PAHs and their associated claims will need to be dealt with on a case-by-case basis by the BPIU with assistance from the Revenue department who will verify and resolve actual ownership prior to acquisition of the land.

At the time of settlement, in some cases, the ownership shown in Jamabandi (revenue record) may not be factually correct, and the land may actually be possessed by others. Any such cases should be resolved by the concerning Judicial authority before compensation payments are made, or else the payment may be made into an escrow account pending final resolution of ownership issues.

The following five cases – which were reported to the consultant during the conduct of this study - illustrate some of the land acquisition problems that purportedly occurred in the project area and will need to be resolved at an early date.



Case 1

A major dispute related to land acquisition at Surajpura water treatment plant was reported by PAPs. During revenue settlement of GoR in early 1990s land in possession of individuals was not actually verified on the site in case of some PAPs. It resulted into discrepancy in physical possession of land and in the revenue records. As such revenue record is neither rectified nor updated so far. Names of such Khatedar (land owner PAPs) which appeared in the GoR Gazette Notification dated February 5, 2003, were stated to be fictitious as the land of some specific Khasara number (title number in revenue record) were not possessed and used by them. Such cases (only limited number) have been pending in the court of law of the sub-divisional Magistrate, Todaraisingh block. These cases need to be expedited to resolve the dispute of ownership at an early date. It will enable to dispense the compensation, assistance and implementation of R&R activities to the actual PAPs.

Case 2

Another case was reported in the village Ghati of Malpura block. Here 7-8 years ago cultivators have purchased agriculture land from the families of Sindhi community practicing business at Malpura town. The poor and ignorant cultivators belonging to Mali caste finalized the deal mutually and agreement made by them has no legal sanctity. This land of “Talabi” (pond) type was allotted to Sindhi caste families by revenue department without ownership and authority to sale. Under the local laws land thus purchased and used for agriculture by the Mali families will not be considered and the compensation will be given to original allottees (Sindhi caste families), who will be benefited second time.

Case 3

In another case of agriculture land under the temple at Tordi village the title and ownership was changed. Agriculture lands were allotted to priest in lieu of rituals performed by them in temple during pre-independent India. There are four such agricultural land parcels in Tordi initially allotted to priest families by GoR. These were given to the families of Mali (OBC) and Kahar (SC) castes by the priest or Brahmin caste families on share cropping basis about three decades ago. Subsequently the then cost of land was stated to have been paid to the priest owner who preferred to sell it to the sharecropper, the Mali family. In the changing situation GoR made an Amendment in the bill under which share cropping cultivators were given land ownership rights. Again, almost a decade ago, new legislation had provided legal rights and title to the priest family who were originally allotted this land under the temple of god/deity. For the purpose of land acquisition, compensation, etc., the religious trust established under the “Devsthan” Department, GoR has been authorized. The compensation amount deposited in the bank account of the trust will be used to meet expenditure related to ritual/religious causes of the temple.

Case 4

At some project-affected households, married sisters with their brothers have their names in the local revenue record. In other words, the daughters having title are eligible for the entitlement related to agriculture land according to the Hindu Succession Rights Act, 1956. Factually they are married off to males (husbands) in other villages and living with their spouse, children and in-laws. Customarily they neither demand nor accept a share in the land/property, but legally they happen to be the claimant. And in families without sons, either the adopted son of brother(s) or daughter inherits the property of parents. It was inferred in the public consultations that the local revenue official (Patwari) has written the names of all brothers and sisters, and hence names of married sisters too in the revenue record along with brother PAPs, who have succession right in the parental property.



Case 5

Traditionally, agriculture land ownership has been in the name of the head of household in the patrilineal joint family system in rural areas of Rajasthan, including the affected villages under BWSP. The title (Patta) remains in the name of the head of household while agricultural land is informally divided among brothers and/or sons and cultivated individually by their families for a long time. Even in some cases the titleholder is no more (i.e., deceased). This suggests updating the revenue record, which will facilitate the reach of compensation and assistance to the PAPs who are actually entitled for the purpose of land/ property acquisition.



Chapter XI

11 MONITORING AND EVALUATION

11.1 Introduction

It is important to accurately verify the information related to implementation of the Resettlement Plan during involuntary resettlement. For this purpose, a monitoring and evaluation (M&E) program is required to be developed to provide feedback to project management which will help keep the programs on schedule and successful. Monitoring provides both a working system for effective implementation of the RP by the project managers, and an information channel for the PAPs to assess how their needs are being met.

Monitoring will give particular attention to the project-affected vulnerable groups such as small farmers, BPL families, ethnic minorities, women headed households, widows, children, elderly and disabled. External monitoring will be carried out by an independent agency/ specialist in close association with BPIU and regular reports will be submitted to the project management about the progress of RP implementation. Monitoring will also be taken up internally by BPIU to assist BPIU and project managers to assess and identify the potential difficulties and problem areas.

11.2 Internal Monitoring

Internal monitoring of RP implementation will be carried out by the BPIU. The assessment of impacts of RP implementation will be made by using the baseline survey data, which was collected during the census and socio-economic surveys. Internal monitoring by BPIU will look into the conventional indicators viz. assistance provided to the affected families, number of affected families, families resettled, infrastructure facilities allocated, etc. It will also monitor the financial aspects, which includes payment of compensation, grants, income restoration, etc. Regular progress reports shall be prepared and submitted to the Project authorities in a timely manner.

11.3 External Monitoring and Evaluation

An independent external agency/specialist will be assigned the task of M&E to ensure complete and objective information. External M&E will begin concurrently with implementation of the RP and will meaningfully and realistically monitor and evaluate the R&R programs on a periodic basis so that all the vital activities are successfully implemented. It will facilitate formulation of corrective measures by identifying the problems and difficulties faced by the PAPs and bringing them to the notice of the BPIU and Project Director, RUIDP. External M&E will

• Verify results of internal monitoring.

• Assess whether resettlement objectives have been met; specifically, whether livelihoods and living standards have been restored or enhanced.

• Assess the resettlement efficiency, effectiveness, impact and sustainability, drawing lessons for future resettlement activities and recommending corrections in the implementation process.



• Ascertain whether the resettlement entitlements were appropriate to meeting the objectives, and whether the objectives were suited to AP conditions.

TORs for the external M&E agency/specialist will include provisions for periodic updating of the original baseline information, and will be focused on monitoring and evaluating achievement of the resettlement objectives and results. The external team will set up a database for monitoring and evaluation, building upon the project’s own record keeping system. It may also include maps, charts, photographs of affected land/properties, copies of contracts and land titles, payments, and valuation documents relating to resettlement.

The monitoring and evaluation team will also conduct a post-program evaluation survey to assess the achievement of resettlement objectives, the changes in living standards and livelihoods, and the restoration of the economic and social base of the APs (TOR for external M&E are mentioned in the end of chapter).

11.4 Indicators

The RP includes indicators and benchmarks for achievement of the objectives under the resettlement and rehabilitation program. These indicators and benchmarks are of three kinds:

• Process indicators, indicating project inputs, expenditures, staff deployment, etc.

• Output indicators, indicating results in terms of number of affected people compensated and resettled, credit disbursed, training held, etc.

• Impact indicators, related to the longer-term effect of the project on people’s lives.

The first two types of indicators are related to process and immediate outputs and results. Information about these indicators will serve to inform project management about progress and results, and help them to adjust the work program where necessary if delays or problems arise.

Longer-term impact indicators will focus on assessing whether the overall objectives of the project are being met, and will use the defined impact indicators as a basis for their evaluation. Data collected for the baseline socio-economic surveys will serve as the benchmark for measuring and evaluating the success of the RP. The results of the monitoring will be reported to project authorities, RUIDP and the ADB on a regular basis. Monitoring will include:

• Communications and reactions from PAPs;

• Information from PAPs on entitlements, options, alternative developments and relocation timetables;

• Valuation of property;

• Use of the grievance procedures;

• Disbursement of compensation.



11.4.1 Monitoring and evaluation indicators

The external agency/specialist will develop detailed indicators. However, the following suggested indicators are recommended to be included in the M&E process:

a) Administrative monitoring

Administrative monitoring will be carried out periodically, depending on the gravity of issues and their requirements. It will need three types of information. (a) individual files on each PAP; (b) village schedules; and (c) action plan and progress reports.

This will help ensure timely implementation of the RP and proper and quick solution of problems.

b) Socio-economic monitoring

The purpose of socio-economic monitoring is to ensure that PAPs are compensated and recovering on time. It will go on during and after the relocation process, to assess whether the compensation paid, income restored and resettlement objectives were appropriate and met by the project.

c) Impact evaluation

It will be carried out after the implementation of RP is over. The objective is that the income and standard of living of the PAPs has at least been restored and has not declined.

11.4.2 Monitoring indicators

Various indicators to be used for monitoring the RP implementation are:

11.4.2.1 Physical indicators

• Extent of land to be acquired.

• Number of PAPs allowed to remove demolished materials.

• Number of PAPs provided loan for house construction.

• Number of structures demolished.

• Number of land users and private structures owners paid compensation.

• Number of families affected.

• Number of government agricultural land identified for allotment.

• Number of PAPs allotted agriculture land.

• Extent of agriculture land allotted.

• Number of families approaching land purchase committee for purchase of agriculture land.



• Number of families purchasing land and extent of land purchased.

• Extent of government land identified for house sites.

• Number of PAPs receiving assistance/compensation.

• Number of PAPs provided transport facilities/shifting allowance.

• Number of PAPs allotted house under Indira Awas Yojana (EWS) housing scheme, number of PAPs granted plot/house construction allowance.

11.4.2.2 Economic indicators

• Entitlement of PAPs -land/cash.

• Number of economic activities/business re-established.

• Utilization of compensation.

• Extent of agricultural land/house sites/business sites purchased.

11.4.2.3 Financial indicators

• Amount disbursed for land compensation.

• Amount disbursed for structure compensation.

• Amount disbursed for acquisition of wells.

• Amount disbursed for acquisition of trees.

• Amount for restoration of common property resources.

• Amount disbursed for relocation and construction shrines/canopy.

• Amount required for extension of government programs.

• Amount paid towards training & capacity building of BPIU staff.

• Amount paid towards vocational training of PAPs.

• Amount paid to NGO for RP implementation.

• Consultancy fee paid to M&E agency/specialist.

11.4.2.4 Social indicators

• Area and type of house and facility.

• Morbidity and mortality rates.

• Communal harmony.

• Number of times district/block and village level committees met.



• Number of appeals placed for grievance redressal.

• Women concerns.

11.4.2.5 Establishment

• Staffing position.

• Availability and use of office equipment.

• Frequency of site visits and consultations with PAPs.

11.4.2.6 Participation and grievances redressal

• Consultation for grievance redressal.

• APs knowledge about their entitlements.

• APs used the grievance redress procedures and outcomes.

• Social preparation.

• Special measures for indigenous peoples implemented.

• Cases referred to court of law, pending and settled.

• Number of grievance cell meetings.

• Number of village level meetings.

• Number of field visits by LAO, district/block R&R committee.

• Number of cases initiated to dispose off by the R&R committee and the satisfaction of the PAPs.

11.4.2.7 Benefit monitoring

Changes occurring in pattern of occupation, production and resource use compared to the pre-project situation will include:

• Changes which occurred in income and expenditure patterns.

• Changes which occurred in the cost of living.

• Whether the PAPs’ incomes kept pace with these changes or not.

• Changes which took place in key social and cultural parameters relating to living standards.

• Changes which occurred for vulnerable groups.

Developing a system to alert BPIU and RUIDP authorities to any potential problems of the PAPs is essential. This can be accomplished by selecting sensitive indicators and monitoring them over time.



Two such indicators are the number of productive assets owned and the health status of children. PAPs may be having difficulty if they are selling assets such as livestock, farm equipments and vehicles to satisfy basic needs. Progress can be measured when PAPs purchase such things. Monthly weight gain in children aged 12 to 60 months is also a sensitive measure of health and nutrition which, if not at the average for children in the same age group, can point to serious problems.

Research techniques like PRA, key informants, FGD, public consultations, and structured schedule will be used during the M&E assessment by the external agency/specialist.

11.5 Terms of Reference for Monitoring and Evaluation

Aims and objectives of M&E by the external agency/specialist in relation to objectives of RP, GoR policy objectives and the Bank’s policy are:

• Information needed to meet the objectives of RP, with reference to the PAPs.

• Method and approach to provide the information.

• Detailed methodology; use of the existing baseline census and survey; periodic updates; sampling framework; arrangements for data collection and reporting system; etc.

• Participation of key stakeholders, especially APs, in monitoring and evaluation.

• Resources required, including expertise in sociology, social anthropology and resettlement.

• Time frame for M&E.

• Reporting requirements.

The external M&E agency/specialist will submit periodic progress reports of RP implementation which will provide a feedback to the RUIDP, BPIU, ADB and other concerned parties. Effective M&E will help ensure successful implementation of the RP to the satisfaction of PAPs. Financial provisions for the appointment of an external agency/ specialist for M&E have been included in the RP budget.



CHAPTER-XII

12 RESETTLEMENT PLAN

12.1 Introduction

This full RP is based upon the data collected from PAPs and other stakeholders from Project affected villages during May and June 2003. Information were obtained from GoR officials from PHED, LAO, concerned field staff, RUIDP and PMC consultants who have been involved in the planning and design of the BWSP. Available reports and documents have also been reviewed.

This full RP satisfies ADB requirements when more than 200 persons are affected. It has addressed the social component, an important part of the project’s comprehensive Environmental Management Action Plan (EMAP). It has been prepared by the R&R experts, Human Environment Action Research (HEAR) Society, Jaipur, and submitted to RUIDP, GoR and ADB for their comments and approval.

The RP also reviews ADB policy and pertinent Government of India and GoR policies and the legal framework under which impacts are addressed and resettlement carried out. It identifies and follows the guidelines by which PAPs, families, households, groups and communities are defined and entitled to compensation and project assistance. It establishes, for each category of project impact, the specific entitlements that will be provided to those adversely affected. The provisions given in Government of Rajasthan norms for resettlement of PAFs of Bisalpur Dam, 1991, Rehabilitation and Resettlement Policy of Rajasthan for Rehabilitation & Resettlement of Persons Displaced or Affected by Projects in Rajasthan, 1999 (under consideration of GoR), and those set out by the ADB have formed the basis of this RP. Details about these policies are given in Chapter 3, “Resettlement Policies and Entitlements Frame work”.

The Resettlement Plan includes the principles and approach, which need to be adopted to minimize and mitigate the negative social and economic impacts caused by the project, including displacement. It sets out a detailed and time bound plan for mitigation of social impacts, including resettlement and rehabilitation of project affected persons, and the principles and procedures that will govern impact mitigation, resettlement and rehabilitation. The details and results of census and baseline socio-economic surveys of the potentially affected population of the project are given. It describes the numbers, identities, and socio-economic characteristics of the project-affected population for the complete Bisalpur Water Supply Project.

Implementation of this RP is a prerequisite for commencement of civil works under the BWSP. It identifies the categories and area of land under acquisition, and the expected project impacts including loss of assets and property, loss of livelihood, and other social and economic impacts on project population and groups. It provides actual number of project-affected persons entitled to compensation and/or assistance.

This RP covers the consultation and social assessment process carried out with PAPs and project stakeholders. The income restoration and economic rehabilitation measures are incorporated. It addresses impoverishment risks and provides options for income restoration to PAPs, especially those who come in the category of vulnerable groups.



It also includes procedures for redressing PAP grievances and monitoring and evaluation of RP implementation. Monitoring focuses on physical and financial targets and the delivery of entitlements to project affected people. Monitoring mechanisms, methodology and indicators are provided.

It provides the institutional and organizational mechanisms required to implement the resettlement program. It identifies the implementing institutions namely, BPIU within RUIDP responsible for delivering specified entitlements and compensation. It will be implemented by RUIDP-BPIU with assistance from the district administration, local revenue officials, non-government organizations (NGOs) and community-based organizations (CBOs) of the PAPs. It also has a provision of training to staff within the BPIU and affiliated implementers.

This Resettlement Plan thus presents a time-bound resettlement plan and budget that conforms to the Bank’s policies on resettlement and is suitable for review by the Government and ADB. It includes:

• a statement of policy principles;

• a review of the extent and scope of land acquisition and resettlement based on the census/socio-economic survey of those affected by the project;

• an implementation plan with organizational structure of implementing agencies, including establishing responsibility for delivery of all forms of assistance;

• a resettlement timetable coordinated with the project timetable assuring (among other things) that compensation and relocation are completed before initiation of the civil works; and

• discussion of opportunities afforded to those affected to participate in the design and implementation of resettlement, including grievance procedures.

It also includes recommendations on the compensation packages to be provided for each of the project affected families to cover their losses and restore or maintain their incomes and living standards, and estimates the total budget requirements for implementing the RP.

It is expected that the recommended compensation packages will broadly conform to those that are listed in the Entitlement Matrix, which is presented in Chapter 3 of this report.

12.2 Key Effects

The work that is the focus of this RP study includes expansion of the existing pumping station at the headworks, construction of 8.4 km of 2400 mm diameter raw water pipeline, construction of a new 400 MLD water treatment plant, and construction of approximately 97 km of clear water pipeline out of which 79 km will be installed along an abandoned railway line and 18 km will pass through open land in rural areas of two blocks in Tonk District - Todaraisingh and Malpura. A strip of a 40 meter wide ROW along the 18 km stretch through private lands will have 6 meter wide access road in the center, and the pipeline will be buried below ground for the transmission of water. People will not use 6 meter width of land used for road construction but they will be allowed to use the agriculture land within the remaining 34 m portion of the 40 m ROW.

BWSP impacts lead to agricultural land being affected, either wholly or partially. It is chiefly restricted to acquisition of agricultural land, revenue land, pasture land and other government lands. A total of 112.074 ha of land are to be acquired for the water treatment



plant and pipeline works under the Bisalpur Water Supply Project; out of this, 30.48 ha is for the water treatment plant, and 81.594 ha for the raw water and treated water pipelines. Out of 30.48 ha of land needed for construction of the plant 4.36 ha are Government land and 26.12 ha are private land. Of the approximately 81.594 ha required for the pipelines, 7.681 ha are Government land, 7.917 are Gram Panchayat land, and 65.996 ha are private lands. Hence, total 12.041 ha government land, 7.917 ha pasture land and 92.116 ha private land will be required for the BWSP.

12.041 ha public land will be transferred from other government agencies such as Revenue and Irrigation department. Private land currently occupied and used for agriculture will need to be acquired. 92.116 ha of private lands will be acquired through purchase under the Land Acquisition Act (LAA) 1894 (Amended in 1984).

706 households comprised of 4,663 people will be actually affected by land acquisition under the BWSP; most of these are farmers and almost all are legal occupants who possess title or other tenured status. Consequent to the land acquisition requirements, 20 wells, 10 houses (1 pucca, 4 semi-pucca, and 5 kutcha) and 8 other structures (3 shrines, 1 canopy, 3 cattle sheds and 1 fodder store) will also need to be acquired. Based on discussions with the PAFs whose houses will need to be acquired, two have opted to reconstruct their houses on their existing land adjacent to the proposed right-of-way, while the remainder have alternative accommodation available and will likely opt for cash compensation.

The impact will be severe over 16 khatedar who are losing their entire land, and the land of 6 other khatedar who are losing more than 75% of their land holdings, possibly making the balance unviable for cultivation. These 22 PAFs, particularly the aforementioned 16 PAFs, may need to be relocated depending upon the compensation category (land for land or cash) finally chosen by them. Consultation and consent with the PAFs about their compensation option is required by BPIU and the NGO/CBO involved in RP implementation.

A total amount of Rs. 24,119,114 is estimated as being the cost of making compensation for the land and assets and implementing the recommendations contained in this RP. This represents approximately 0.35% percent of the total cost of Rs. 69,000 lacs for the Bisalpur Water Supply Project.

12.3 Recommendations

The RP recommends compensation and assistance to be provided to PAHs to cover loss of land and other assets. These include:

1. Consultation and counseling regarding compensation alternatives and assistance in minimizing/mitigating negative impacts of the project.

2. Compensation for land at replacement cost plus allowances for fees or other charges. Registered value of land with GoR plus 30% solatium constitute the fair compensation of land.

3. The Land Acquisition Act allows only the titleholders to be eligible for compensation for loss of land. However, all project affected persons, including squatters, encroachers, tenants and vulnerable groups, will be eligible for other support mechanisms under the RP. All fees, taxes and other charges incurred in the relocation and re-establishment of PAFs will be met by the project.

4. Advance notice to harvest non-perennial crops, or compensation for lost standing crops and trees.



5. Replacement or compensation for the value of lost assets such as wells, trees, buildings, structures or other non-land assets.

6. Right to salvage materials from existing structures.

7. Option of moving to resettlement sites, or clusters, which meet the needs for shelter and livelihood.

8. Shifting assistance in cases where resettlement is required.

9. Income restoration and assistance for loss of income and livelihood to affected persons (APs), including:

i. Alternative economic rehabilitation, vocational training and assistance for lost or diminished livelihood.

ii. Additional support mechanisms for vulnerable groups in re-establishing or enhancing livelihood.

iii. Employment opportunities connected with the project, to the extent possible.

Resettlement Action Plan - Asian Development Bank...Chandel, Ms. Rolly Sinha, Rakesh Roshan Sharma,...

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