BANGALORE METRO RAIL PROJECT PHASE II Gottigere – Nagavara Corridor RESETTLEMENT POLICY FRAMEWORK BANGALORE METRO RAIL CORPORATION LTD. 3rd Floor, BMTC Complex, K.H.Road, Shanthinagar Bangalore- 560 027 Bangalore Metro Rail Corporation Ltd. CONTENTS CHAPTER-1 INTRODUCTION 1.1 1.2 1.3 Introduction The Project Purpose & Need of Resettlement Policy Framework CHAPTER -2 LEGAL FRAMEWORK 2.1 2.2 2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 The Acts & Policies Relevant to the Project EIB’s Policies & Deviations from the Indian Law and Proposed Measure for Bridging the Gaps Gap between Indian Laws & EIB Requirements Grievance Redressal Committee Establishment of RAP Implementation Team Monitoring & Evaluation Other Measures CHAPTER-3 RESETTLEMENT & REHABILITATION OF PROJECT AFFECTED PERSONS BMRP 3.1 3.2 3.3 Guiding Principles Resettlement & Rehabilitation Process Eligibility & Entitlements CHAPTER-4 INSTITUTIONAL ARRANGEMENTS 4.1 4.2 4.3 4.4 4.5 4.6 Introduction Grievance Redressal Committee Community Participation during Project Implementation Monitoring & Evaluation Reporting Requirements Information Disclosure List of Tables Table 2.1 Table 3.1 GAP between Indian Laws and EIB Requirements Entitlement Matrix Annexure Annexure 1 Annexure 2 Annexure 3 SIA Questionnaire Format for Public Consultation Outline of RAP List of Figures Figure 4.1 Stages of Grievance Redressal Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 1 Bangalore Metro Rail Corporation Ltd. ABBREVIATIONS AIIB BPL BDA BMRCL BMRP DC DM DPR EIB FGD GoK GRC IFI LAA NRRP PAF PAP PIU PP RAP RTFCTLARRA SEMU SIA - Asian Infrastructure Investment bank Below Poverty Line Bangalore Development Authority Bangalore Metro Rail Corporation Ltd. Bangalore Metro Rail Project District Collector District Magistrate Detailed Project Report European Investment Bank Focus Group Discussion Government of Karnataka Grievance Redressal Committee International Financial Institution Land Acquisition Act National Rehabilitation and Resettlement Policy Project Affected Family Project Affected People Project Implementation Unit Project Proponent Resettlement Action Plan The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. - Social and Environmental Management Unit - Social Impact Assessment Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 2 Bangalore Metro Rail Corporation Ltd. Definitions The Resettlement Policy Framework (RPF) is an important document which will guide anticipated resettlement and rehabilitation that may be caused due to the project activity. Hence, it is imperative that various terms and terminologies as well as expressions are clearly understood. There are many terms used in this Resettlement Policy Framework (RPF) which may need explanation. Hence, the definitions of such terms have been given in this section. It is hoped that after this explanation, there shall be no ambiguity in the RPF. a. Project Affected Person: Any individual who resides or has economic interest within the area being acquired and who may be directly affected by the project due to losing of commercial or residential structures in whole or part and as a result of the project. b. Owners/titleholders: Are those who have legal title of land, structure and other assets. c. Award / Compensation: Refers to the amount paid under Land Acquisition Act for private property, structures and any other assets acquired for the project. In this context, award/compensation refers to payments made by the Land Acquisition Officer acting under the KIADB Act, 1966 (the land acquisition is being under the KIADB Act) using compensation principles and provisions of RFCTLARR Act 2013 d. Consent Award: Is the amount that the project affected person negotiates with the Land Acquisition Officer for the loss incurred, on a willing buyer-seller basis. Once the amount is agreed upon the project affected person cannot move count for enhancement of the amount. This amount is a mutually agreed price without any pre-condition. Consent Award has been provided as an option to the affected person, if he opts not to go for compensation determined unilaterally under the KIADB Act. e. Tenants: Are those persons having bonafide tenancy agreements, written or unwritten, with a private property owner with clear property titles, to occupy a structure or land for residences and business. Those who don’t have any written documents need to furnish documentary proof such as telephone bills, electricity bills, ration cards, any postal evidence, passport and any other legal documents to prove occupation of the premises. f. Business Loss: This is to offset the loss of livelihood / business. Compensation for business loss of 10 months is provided (at the lowest slab), as below. Those business which don’t have any documentation on VAT will also considered, but for lesser compensation i.e. 50% of the first category. 1 2 3 4 Payment of ST / VAT upto and including Rs. 5,000 Payment of ST / VAT between Rs. 5001 to Rs. 15,000 Payment of ST / VAT above Rs. 15,001 If without ST / VAT document Rs. 50,000 Rs. 75,000 Rs. 1,00,000 Rs. 25,000 g. Commercial / Residential Rental Income Lost: This is the loss of rental income for the owner. It is assumed that the rental income is Rs. 10 per square foot for residential property and Rs. 20 per square foot for commercial property, for six months. The land loser is compensated on the basis as under: SN 1 2 3 Area Lost Upto 1000 sq. ft. 1001 sq. ft. – 1500 sq. ft. Above 1501 sq. ft. Residential Rs. 60,000 Rs. 75,000 Rs. 90,000 Commercial Rs. 1,20,000 Rs. 1,50,000 Rs. 1,80,000 Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 3 Bangalore Metro Rail Corporation Ltd. h. Inconvenience Allowance: This is a onetime allowance paid to all project affected persons losing structure and land, for the inconvenience caused due to acquisition. The inconvenience is in terms of finding new gas connection, telephone connections, ration cards, new schools, colleges, arranging conveyance including deposits for the same. Inconvenience allowance has been provided at the rate of Rs. 30,000/- as a one time payment for those losing total residential structures. If the residential property loser continues to remain in the same premises, he is provided an allowance of Rs. 24,000 as he has to put up with various other inconveniences during project construction period. In case of tenant-families, the same allowance will be provided at Rs. 30,000/- for each family. For single tenant Rs. 15,000/- will be provided. i. Transitional Allowance: This is allowance paid on the basis of the area lost. This amount is to offset interim rental/rent deposit costs to the affected persons because of shifting. The rate considered is Rs. 10 /- per square feet for 6 months. This is provided for those losing owned residential properties where shifting is required. 1 2 3 Upto 1000 sq. ft. 1001 sq. ft. – 1500 sq. ft. Above 1501 sq. ft. Rs. 60,000 Rs. 75,000 Rs. 90,000 j. Shifting Allowance: For all affected persons who have to shift, this allowance has been provided based on the area lost. This amount is the transportation of belongings of the affected persons who have to shift. This amount differs for commercial and residential loss. Commercial 1 2 3 Upto 150 sq. ft. 151 sq. ft. – 300 sq. ft. Above 301 sq. ft. Rs. 10,000 Rs. 15,000 Rs. 20,000 Residential 1 2 3 Upto 1000 sq. ft. 1001 sq. ft. – 1500 sq. ft. Above 1501 sq. ft. Rs.10,000 Rs. 12,500 Rs. 15,000 k. Business Premises Reestablishment Allowance: This is given to those persons losing their commercial establishments, to re-establish their business @ Rs. 240/- per sq. ft. of area lost. This is intended to meet the cost of rent @ Rs. 20 /- for 12 months. l. Right to Salvage Material Totally: Owners can take whatever material possible from their existing Structure. m. Cut off date: in the cases of land acquisition affecting legal titleholders and tenants, it is the date of notification under Section 28 (1) under the KIADB Act. For the Non-Title holders the cut-off date will be the date of Census Survey. n. Any other unidentified category: Any category not identified, shall be documented and mitigated based on the principles agreed upon this rehabilitation package. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 4 Bangalore Metro Rail Corporation Ltd. o. Squatters (Non Titleholders): Squatter are those persons who have occupied government/public lands illegally for residential, business and or other purposes for a minimum of period of 3 years prior to cut off date. p. Encroachers (Non Titleholders): Are those persons who have extended their building, business premises or work places or agriculture activities into government/public lands. q. Vulnerbale Groups: Are those persons such as people differently abled,, women headed households, and people belonging to Scheduled Caste and Scheduled Tribes. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 5 Bangalore Metro Rail Corporation Ltd. Chapter 1 INTRODUCTION 1.1 BACKGORUND This document represents the Resettlement Policy Framework (RPF) for the proposed Gottigere-Nagavara Corridor of Bangalore Metro Phase II. It describes the policies, procedures and processes that will be followed throughout the project in the course of mitigation of adverse social impacts due to project activities among the project affected persons, with and without legal title, whose land/properties, businesses and other assets to be acquired for the execution of the project. Since the project is to be implemented with the support of the European Investment Bank (EIB), the Bangalore Metro Rail Corporation Ltd. (BMRCL) prepared this RPF to ensure full compliance with the requirements of safeguard policies of both the aforesaid institutions and all applicable national policies. This RPF also contains all the national and local policy provisions that are applicable for mitigation of adverse social impacts. This document also contains monitoring and evaluation mechanism of resettlement. 1.2 THE PROJECT The Phase I of Bangalore Metro Rail project has two corridors - an East-West corridor - 18.10 km long, starting from Baiyappanahalli in the East and terminating at Mysore Road terminal in the West and a 24.20 km North-South corridor commencing at Nagasandra in the North and terminating at Puttenahalli in the South. The commercial operations on Reach-1 (MG Road to Baiyappanahalli station) have opened on 20th October 2011. The commercial operations on Reach-3 (Nagasandra to Mantri Square Sampige Road Station) have commenced on 1st March 2014. The commercial operations on Reach-3B (Peenya Industry to Nagasandra) have commenced on 1st May 2015 and the commercial operations on Reach-2 (Magadi Road to Mysore Road Terminal) have commenced on 18th November 2015. The six corridors of the proposed Bangalore Metro Phase II project have been finalised after taking into account environmental and social concerns, considerations of traffic, integration with the existing system and importantly, the overall economic and financial viability. The underlying principles for evaluation for each corridor, without affecting the overall usefulness of the corridor, are:     Minimum private land acquisition, Least disturbance to properties, Minimum disturbance to people and Minimum disturbance to ecology/ biodiversity. For the Phase II of Bangalore Metro following six lines were considered: 1. 2. 3. 4. 5. 6. Extension of E-W line: Mysore Road Terminal to Kengeri Extension of E-W line: Baiyappanahalli to ITPL – Whitefield Extension of N-S line: Hesaraghatta Cross to BIEC Extension of N-S line: Puttenahalli Cross to Anjanapura Township (up to NICE Road) New Line – N –S: Gottigere - IIMB to Nagawara New Line - E-W: R.V. Road to Bommasandra Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 6 Bangalore Metro Rail Corporation Ltd. It may be seen from the above that Phase-II includes a total length of 72.095 km (13.79 km underground) and 61 Stations with 12 Underground Stations. The proposed Gottigere-Nagavara corridor is one of the corridors of Bangalore Metro Rail Project Phase II. The alignment starts from Gottigere to Nagavara covering 21.255 km consisting of both elevated and underground sections. The elevated stretch is 7 km, underground is 13.8 km and the ramp area is 480 m. The alignment has 6 elevated stations and 12 underground stations. 1.3 PURPOSE AND NEED OF RESETTLEMENT POLICY FRAMEWORK This document has been prepared to address primarily the private land acquisition; and settlers on public land; as well as related impacts during the implementation stage of the project. All attempts will be made during the final execution of the project to further minimize the land acquisition, resettlement and adverse impacts on people in the project area through suitable engineering design. Minimal private land acquisition is anticipated for the construction of elevated and underground rail tracks, construction of depots, construction of stations including exit/entry structures etc. In addition to private structures there are some common property resources such as Government offices and utilities that may be affected due to the proposed alignment. The main purpose of this document is to provide guidance in identifying the potential adverse social impacts associated with land acquisition and propose appropriate mitigation measures. It is developed in consistency with the relevant Indian National laws and the IFI’s policies (EIB’s Environmental and Social Handbook version 9.0 of 02/12/2013) and is applicable for all subprojects implemented under the BMRP. The specific objectives of this RPF are to:  Clarify the principles, processes and organizational arrangements to identify and mitigate potential adverse impacts associated with land acquisition and related impacts associated with the BMRP.  Ensure compliance with applicable Indian laws on land acquisition, resettlement and rehabilitation and policies of the international funding institutions viz. European Investment Bank (EIB) and other IFIs as the case may be.  Define appropriate institutional arrangements for the implementation and monitoring of the RPF, as well as consultations, disclosures and monitoring. A complete assessment of land acquisition and resettlement cannot be prepared at this stage since the BMRP is intending implementation in different stages. This document serves to define procedures, principles and applicable legal regulations for the BMRP covering 21.255 km consisting of Gottigere-Nagavara corridor. However, during project implementation stage, the Resettlement Action Plans (RAP) will be prepared for the elevated stretch of the corridor. It is estimated that approximately 714 families will be affected by the implementation of the project. The exact number of project affected families can only be presented once the census is completed. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 7 Bangalore Metro Rail Corporation Ltd. Chapter 2 LEGAL FRAMEWORK 2.1 THE ACTS AND POLICY RELEVANT TO THE PROJECT Xxxxxxxxxxxxxxxxxx Right to Fair Compensation and Transperency in Land Acquisition and Resettlement and Rehabilitation Act, 2013 This RFCT in LARR, 2013 repeals the Land Acquisition Act, 1984 and is applicable to all states in India (Except the state of Jammu and Kashmir). RFCT in LARR, 2013 is a first national/central law that addresses land acquisition and rehabilitation and resettlement. This new Act provides an enhanced framework for providing compensation and resettlement and rehabilitation assistances through a participative and transparent process for land acquisition in the public interest. The Act lays down procedures for estimating fair compensation of the affected families (and not just the titleholders) due to land acquisition, rehabilitation and resettlement. Some of the key features include the following: (i) Preliminary Investigations/Preparation of Social Impact Assessment (SIA) and prepare Social Impact Management Plan (SIMP) (ii) Preliminary Notification stating: project/ public purpose; reasons necessitating land acquisition; summary of SIA; and particulars of the Administrator appointed for the purpose of rehabilitation and resettlement; receipt of Objections and Hearing after the approval of SIA and within 12 months from the date of SIA approval; (iii) Preparation of Rehabilitation and Resettlement Scheme and its declaration by the District Collector after the same is approved by the Commissioner-Rehabilitation and Resettlement. (iv) Public notice and award of compensation and R&R assistances by District Collector within a period of twelve months from the date of the Award publication. Salient features of the RTFCTLARRA, 2013 are listed below: I. The Act provides for land acquisition as well as rehabilitation and resettlement. It replaces the Land Acquisition Act, 1894 and National Rehabilitation and Resettlement Policy, 2007. II. The Act provides for the baseline for compensation and has devised a sliding scale which allows States to fix the multiplier (which will determine the final award) depending on distance from urban centres; III. The affected communities shall be duly informed and consulted at each stage, including public hearings in the affected areas for social impact assessment, wide dissemination of the details of the survey to be conducted for R&R plan or scheme. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 8 Bangalore Metro Rail Corporation Ltd. IV. Compensation in rural areas would be calculated by multiplying market value by up to two and adding assets attached to the land or building and adding a solatium. In urban areas, it would be market value plus assets attached to the land and solatium; V. The Collector shall take possession of land only after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons; families will not be displaced from land till their alternative R&R sites are ready for occupation; I. The benefits to be offered to the affected families include; Financial support to the affected families for construction of cattle sheds, shops, and working sheds; transportation costs; II. Rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a one-time entitlement of fifty thousand rupees; III. For ensuring transparency, provision has been made for mandatory dissemination of information on displacement, rehabilitation and resettlement, with names of the affected persons and details of the rehabilitation packages. Such information shall be placed in the public domain on the Internet as well as shared with the concerned Gram Sabhas and Panchayats, etc. by the project authorities; IV. No income tax shall be levied and no stamp duty shall be charged on any amount that accrues to an individual as a result of the provisions of the new law;  The salient provisions of KIADB Act : 28. Acquisition of land.- (1) If at any time, in the opinion of the State Government, any land is required for the purpose of development by the Board, or for any other purpose in furtherance of the objects of this Act, the State Government may by notification, give notice of its intention to acquire such land. (2) On publication of a notification under sub-section (1), the State Government shall serve notice upon the owner or where the owner is not the occupier, on the occupier of the land and on all such persons known or believed to be interested therein to show cause, within thirty days from the date of service of the notice, why the land should not be acquired. 12 (3) After considering the cause, if any, shown by the owner of the land and by any other person interested therein, and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit. (4) After orders are passed under sub-section (3), where the State Government is satisfied that any land should be acquired for the purpose specified in the notification issued under sub-section (1), a declaration shall, by notification in the official Gazette, be made to that effect. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 9 Bangalore Metro Rail Corporation Ltd. (5) On the publication in the official Gazette of the declaration under subsection (4), the land shall vest absolutely in the State Government free from all encumbrances. (6) Where any land is vested in the State Government under sub-section (5), the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice. (7) If any person refuses or fails to comply with an order made under subsection (5), the State Government or any officer authorised by the State Government in this behalf may take possession of the land and may for that purpose use such force as may be necessary. (8) Where the land has been acquired for the Board, the State Government, after it has taken possession of the land, may transfer the land to the Board for the purpose for which the land has been acquired. 29. Compensation.1) Where any land is acquired by the State Government under this Chapter, the State Government shall pay for such acquisition compensation in accordance with the provisions of this Act. (2) Where the amount of compensation has been determined by agreement between the State Government and the person to be compensated, it shall be paid in accordance with such agreement. (3) Where no such agreement can be reached, the State Government shall refer the case to the Deputy Commissioner for determination of the amount of compensation to be paid for such acquisition as also the person or persons to whom such compensation shall be paid. (4) On receipt of a reference under sub-section (3), the Deputy Commissioner shall serve notice on the owner or occupier of such land and on all persons known or believed to be interested herein to appear before him and state their respective interests in the said land 2.2 EIBs POLICIES AND DEVIATIONS FROM THE INDIAN LAW AND PROPOSED MEASURES FOR BRIDGING THE GAPS EIB standard No.6 on involuntary Resettlement as its objective has the following:  Avoid or, at least minimize, project induced resettlement whenever feasible by exploring alternative project designs;  Avoid and/or prevent forced evictions and provide effective remedy to minimize their negative impacts should prevention fail;  Ensure that any eviction which may be exceptionally required is carried out lawfully, respects the rights to life, dignity, liberty and security of those affected who must have access to an effective remedy against arbitrary evictions;  Respect individuals’, groups’ and communities’ right to adequate housing and to an adequate standard of living, as well as other rights that may be impacted by resettlement;  Respect right to property of all affected people and communities and mitigate any adverse impacts arising from their loss of assets or access to assets and/or restrictions of land use, whether temporary or permanent, direct or indirect, partial or in their totality. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 10 Bangalore Metro Rail Corporation Ltd.  Assist all displaced persons to improve, or at least restore, their former livelihoods and living standards and adequately compensate for incurred losses, regardless of the character of existing land tenure arrangements (including title holders and those without the title) or income earning and subsistence strategies;  Uphold the right to adequate housing, promoting security of tenure at resettlement sites;  Ensure that resettlement measures are designed and implemented through the informed and meaningful consultation and participation of the project affected people throughout the resettlement process;  Give particular attention to vulnerable groups, including women and minorities, who may require special assistance and whose participation should be vigilantly promoted. 2.2.1 Gap between Indian Laws and EIB Requirements There are certain gaps between the prevailing Indian laws and EIB requirements for resettlement and rehabilitation of project affected persons (PAPs). A comparative chart of EIB and Indian laws is given in the following table: Table 2.1: GAP between Indian Laws and EIB Requirements SN Objectives EIB RTFCTLARRA 2013 Yes 1 Avoid involuntary resettlement Involuntary resettlement should be avoided wherever possible 2 Minimize involuntary resettlement Minimize involuntary resettlement by exploring all viable alternative project design Yes 3 Mitigate adverse social impacts Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Yes 4 Identify, asses and address the potential social and economic impacts Through census and socio-economic surveys of the affected population, identify, assess, and address the potential economic and social impacts of the project that are caused by involuntary taking of land (e.g. relocation or loss of shelter, loss of assets or access to assets, loss of income sources or means of livelihood, whether or not the affected person must move to another location) or involuntary restriction of access to legally designated parks and protected areas. Yes 5 Prepare mitigation plans for affected persons To address the project impacts, prepare resettlement plan or resettlement policy framework prior to project appraisal, estimating to the extent possible the total population to be affected and the overall Yes Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 11 Bangalore Metro Rail Corporation Ltd. SN Objectives EIB RTFCTLARRA 2013 resettlement costs. 6 Consider alternative project design Assess all viable alternative project designs to avoid, where feasible, or minimize involuntary resettlement. Yes 7 Involve and consult with stakeholders Consult project-affected persons, host communities and local on governmental organisations, as appropriate. Provide them opportunities to participate in the planning, implementation, and monitoring of the resettlement program, especially in the process of developing and implementing the process for determining eligibility for compensation benefits and development assistance (as documented in a resettlement Plan), and for establishing appropriate and accessible grievance mechanisms. Pay particular attention to the needs of Vulnerable Groups among those displaced, especially those below the poverty line, the landless, the elderly, women and children, indigenous peoples, ethnic minorities, or other displaced persons who may not be protected through national land compensation legislation Yes, However, definition of vulnerable group is slightly different from EIB’s requirement. This has been addressed in the Entitlement Matrix. 8 Disclose and inform PAPs of RP and mitigation measures Disclose draft resettlement plans, including documentation of the consultation process, in a timely manner, before appraisal formally begins, in an accessible place and in a form and language that are understandable to key stakeholders. Yes 9 Support existing social and cultural institutions of the affected persons To the extent possible, the existing social and cultural institutions of resettlers and any host communities are preserved and resettlers preferences with respect to relocating in pre-existing communities and groups are honoured. Yes 10 Build capacity of the borrower(s) in IR implementation Financing of technical assistance to strengthen the capacities of agencies responsible for resettlement, or of affected people to participate more effectively in resettlement operations. Yes 11 Categorization Categorization of the affected families is defined as titleholders, non-titleholders including encroachers, Squatters, tenants, etc. The Indian National R&R law (RFCTLARR 2013) does not identify the Non Titleholders and has no entitlement provisions. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 12 Bangalore Metro Rail Corporation Ltd. SN Objectives EIB RTFCTLARRA 2013 Yes 12 Resettlement Plan To cover the direct social and economic impacts that are caused by the involuntary taking of land and/ or the involuntary restriction of access to legally designated parks and protected areas, the borrower will prepare a Resettlement plan or resettlement policy framework. The RP or framework will include measures to ensure that the displaced persons are provided assistance during relocation; provided with residential housing or housing sites, or as required agricultural sites; offered transitional support; provided with development assistance in addition to compensation. 13 Supervision The Bank regularly supervises resettlement implementation to determine compliance with the instrument. Yes 14 Monitoring Evaluation The borrower is responsible for adequate monitoring & evaluation of the activities set forth in the resettlement instrument. Assess whether the objectivities of the resettlement instrument have been achieved, upon completion of the project, taking account of the baseline conditions and the results of resettlement monitoring. Yes 15 Timeline for every process Bank does give time schedule for activities’ Yes 16 Social Impact Assessment Bank desire social impact assessment to be carried out for PAPs Yes 17 Grievance Redressal Committee Bank desire that mechanism shall be in place for redressal of grievances of PAPs GRM is proposed in the RFCTLARR 2013 Act and it deals with only legal titleholders. 18 Public consultation EIB explicitly desire public consultation and interaction of Project authority and PAPs to develop RAP. Yes The institutional framework for resettlement and rehabilitation in India is largely attuned with the EIB policies except in some areas where the Indian law does not explicitly state the requirements. In order to comply with EIB’s polices, the steps that will be taken by the project authority are described below. 2.2.2 Grievance Redressal Committee In order to meet the requirements of EIB, an efficient grievance redressal mechanism will be developed to assist the PAPs resolve their queries and complaints. The GRC will address only Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 13 Bangalore Metro Rail Corporation Ltd. rehabilitation assistance issues both for title holders and non title holders. Grievances related to ownership rights and land compensation as also R&R can be dealt in court as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. More details on grievance redressal committee are given in subsequent section. 2.2.3 Establishment of RAP Implementation Team As per the Act, the implementation of rehabilitation and resettlement is the responsibility of project proponent and District Magistrate. However, the Act does not clearly mention about the implementation of rehabilitation and resettlement process at the project level. In order to implement and monitor RAP effectively, a Social and Environmental Management Unit (SEMU) will be constituted in BMRCL. The roles, responsibilities and other details pertaining to RAP implementation team is explained in subsequent chapter. 2.2.4 Monitoring and Evaluation 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 make them successful. RAP implementation will be monitored both internally and externally. Project Authority will be responsible for internal monitoring through their site offices and will prepare quarterly reports on the progress of RAP implementation. Management Information System would be developed to monitor the resettlement and rehabilitation process. If required an Independent Evaluation Consultant will be hired by Project Authority for mid and end term evaluation of RAP implementation. 2.2.5 Other Measures The Act does not provide special benefits to all categories of vulnerable groups as defined in this policy; it has now been proposed to provide additional rehabilitation and resettlement benefits to vulnerable groups to bridge the gap with EIB’s requirementsLand acquisition Commerce & Industries Department, Government of Karnataka, is responsible for large-scale acquisition of land for Bangalore Metro Project. Land Acquisition Branch of this Department is responsible for overall coordination between various agencies involved in land acquisition. For acquisition of private land for the proposed metro rail project, BMRCL will place requisition of land to Karnataka Industrial Areas Development Board (KIADB), who in turn will forward the requisition to Commerce & Industries Department. On receipt of the proposal for acquisition of land from KIADB, Govt. of Karnataka will issue notification u/s 28(1) of KIAD. Further proceedings, if acquisition will be done by Special land Acquisition Officer, KIADB. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 14 Bangalore Metro Rail Corporation Ltd. Chapter 3 RESETTLEMENT & REHABILITION OF PROJECT AFFECTED PERSONS 3.1 GUIDING PRINCIPLES Resettlement & Rehabilitation activities of BMRP will be governed by the following general principles, which are based on The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.  In general, land acquisition will be undertaken in such a way that no project affected person, with or without formal title, will be worse off after land acquisition;  BMRCL will pay compensation for land it is acquiring based on the Principles of the Right to Fair Compensation and transparency in land acquisition, Rehabilitation and Resettlement Act 2013.  All activities and procedures will be formally documented;  The property and inheritance rights of project affected persons will be respected;  If the livelihood of the project affected persons without formal title depends on the public land that they are using, they will be assisted in their effort to improve their livelihoods and standard of living to restore them to pre-displacement levels;  If project affected person, without legal title, is not satisfied with the above decisions, they can approach the grievance redressal committee;  In cases where there are persons working on the affected land or businesses, as determined by the social impact assessment, where the project affected person does not have formal title to the land (e.g. wage earners, workers, squatters, encroachers, etc.), then compensation/ assistance should be provided to these project affected persons to ensure no loss, to the extent as determined appropriate by the social impact assessment;  In cases where land is needed on a temporary basis, project affected persons who have formal title will be compensated to the assessed fair rental price for the period during which the land is used and the land will be returned in the same condition or better as before it was rented;  If resettlement is unavoidable in addition to the payment of fair market value for all land and immovable property, project affected persons will be provided assistance in relocation and other related expenses (i.e. cost of moving, transportation, administrative costs etc.);  These rights do not extend to individuals who commence any activities after cut off date of the project;  The compensation and eligible resettlement and rehabilitation assistance will be paid prior to taking over of land and other assets for construction purposes;  All project affected persons (private and public, individual and businesses) entitled to be compensated for land acquired; losses, structures or damages will be offered compensation and assistance in accordance with the provisions of this RPF. Those who Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 15 Bangalore Metro Rail Corporation Ltd. accept the compensation amount will be paid prior to taking possession of their land or assets. Those who do not accept it will have their grievance registered or referred to the Grievance Redressal Committee (GRC) / courts as appropriate. 3.2 RESETTLEMENT AND REHABILITATION PROCESS All attempts will be made during the final execution of the project to minimize the land acquisition, resettlement and adverse impacts on people in the project area through suitable engineering design. The assessments however reveal that the project involves minimal land acquisition.  Social Impact Assessment (SIA) study will be conducted after finalizing the RPF for the proposed corridor of the BMRP through census survey to collect baseline data for socioeconomic information and to identify the project affected population by residence, business base and their locality. The study will be primarily based on field data generated by census survey and secondary data collected from the census handbooks/ gazetteers/ other relevant texts. A format of questionnaire for field survey is given in Annexure-1 and sample format for public consultation is presented in Annexure-2.  Based on above, a Resettlement Action Plan (RAP) will be prepared for implementation of resettlement and rehabilitation for the project. The outline of RAP is annexed as Annexure-3. Upon the approval of RAP by the Board of Directors of BMRCL, the information will be disclosed to affected people. All the arrangements for fixing the compensation and the disbursement will be done which includes payment of all eligible assistance; relocation of PAPs; initiation of economic rehabilitation measures; site preparation for delivering the site to contractors for construction and finally commencement of the civil work. The resettlement and rehabilitation will be monitored as part of the RAP implementation at this stage. Internal monitoring will be the responsibility of BMRCL which will start in early stage of the project when implementation of RAP starts and will continue till the completion of the implementation of RAP.  The implementation schedule for resettlement plan will be scheduled as per the overall project implementation. All activities related to the land acquisition and resettlement will be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redressal will be undertaken intermittently throughout the project duration. However, the schedule is subject to modification depending on the progress of the project activities. 3.3 ELIGIBILITY AND ENTITLEMENTS The R&R entitlement framework has been formulated based on the guiding principles outlined in the National Acts and EIB policies. This R&R framework will be adopted to formulate the Resettlement Action Plan. The compensation package is provided as per the relevant laws of the land. The basic principles governing present compensation structure and R&R entitlement matrix includes various components of R&R benefits and tabulated in Table 3.1. This matrix address all categories of people being affected and all categories of impacts accrued to the affected families due to the Project. Table 3.1 indicates the entitlements of all categories of impact as per the RTFCTLARRA 2013 and the EIB guidelines that are applicable for the project. The same can be classified under three major categories of impact, viz. loss of land, loss of structures and loss of livelihood, which covers the entire gamut of the affected population. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 16 Bangalore Metro Rail Corporation Ltd. Table 3.1: Entitlement Matrix SN I a. Affected Category Owner losing land and residential structure totally (Only owner staying in the premises) Compensation and Entitlements 1. Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or 2. Consent award based on market value of land and building1 and 3. Shifting allowances; a. Upto 1000 sq. ft. – Rs. 10,000/b. 1001 sq. ft. – 1500 sq. Ft. – Rs. 12,500/c. > 1500 sq. ft. – Rs. 15,000/4. Inconvenience Allowance: One time payment of Rs. 30,000/5. Transitional Allowance: a. Upto 1000 sq. ft. – Rs. 60,000/b. 1001 sq. ft. – 1500 sq. Ft. – Rs. 75,000/c. > 1501 sq. ft. – Rs. 90,000/6. Right to salvage material totally. I b. Owner losing land and residential structure totally (owner and tenant staying in the same building premises in separate parts) 1. I c. Owner losing land and residential structure partially but continue to remain in the balance portion of the same premises 1. I d. Owner losing land and residential structure partially and willing to surrender the same completely to Project Authority 1. Owner has the option of giving up the remaining part of the property to the Project Authority ( A separate notification will be given for the remaining area) 2. Compensation and Entitlements will be given same as in Category I a. (1-6) or I b. As the case may be for the area lost including 1 above. II a. Owner losing land and commercially structure totally ( owner operating own business in the acquired premises) 1. Same as in I a. (1-6) Rental income lost in respect of rental area lost (Rs. 10 per sq. ft. pm, for 6 months, for residential a. Upto 1000 sq. ft. – Rs. 60,000/b. 1001 sq. ft. – 1500 sq. Ft. – Rs. 75,000/c. > 1501 sq. ft. – Rs. 90,000/- Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or 2. Consent award based on market value of land and building2 and 3. Inconvenience Allowance One time payment of Rs. 24,000/- Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or 2. Consent award based on market value of land and Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 17 Bangalore Metro Rail Corporation Ltd. SN Affected Category 3. 4. 5. 6. II b. Owner losing land and commercial structure partially but continues to run the business in the same premises 1. II c. Owner losing land and commercial structure partially and unwilling to continue in the same premises 1. II d. Owner losing land and commercial structure, but structure fully rented out 1. Compensation and Entitlements building2 Shifting allowances; a. Upto 150 sq. ft. – Rs. 10,000/b. 151 sq. ft. – 300 sq. Ft. – Rs. 15,000/c. > 301 sq. ft. – Rs. 20,000/Business loss: In case of, a. Payment of ST / VAT upto and including Rs. 5000/- will be paid Rs. 50,000/-. b. Payment of ST/VAT between Rs. 5001/- to Rs. 15000/- will be paid Rs. 75,000/-. c. Payment of ST/VAT above Rs. 15001 will be paid Rs. 1,00,000/-. d. If without ST/VAT documentation, will be paid Rs. 25,000/-. Business premises reestablishment allowance: Rs. 240/- per sq. ft. Of area lost. Right to salvage material totally. Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or 2. Consent award based on market value of land and building2 3. Business loss: In case of, a. Payment of ST / VAT upto and including Rs. 5000/- will be paid Rs. 50,000/-. b. Payment of ST/VAT between Rs. 5001/- to Rs. 15000/- will be paid Rs. 75,000/-. c. Payment of ST/VAT above Rs. 15001 will be paid Rs. 1,00,000/-. d. If without ST/VAT documentation, will be paid Rs. 25,000/-. 4. Right to salvage material. Owner has the option of giving up the remaining part of the property to the Project Authority ( Separate notification will be given for the additional area) 2. Compensation and Entitlements will be given same as in Category II a. Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or 2. Consent award based on market value of land and building2 and 3. Commercial Rental Income lost (Rs. 20/- per sq. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 18 Bangalore Metro Rail Corporation Ltd. SN Affected Category Compensation and Entitlements ft. Pm for 6 months, twice of residential) a. Upto 1000 sq. ft. – Rs. 1,20,000/b. 1001 sq. ft. – 1500 sq. Ft. – Rs. 1,50,000/c. > 1501 sq. ft. – Rs. 1,80,000/4. Right to salvage material. II e. Owner losing land and commercial structure partially, but structure fully rented out 1. Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or 2. Consent award based on market value of land and building2 and 3. Right to salvage material. 4. Commercial Rental Income lost (Rs. 20/- per sq. ft. Pm for 6 months, twice of residential) a. Upto 1000 sq. ft. – Rs. 1,20,000/b. 1001 sq. ft. – 1500 sq. Ft. – Rs. 1,50,000/c. > 1501 sq. ft. – Rs. 1,80,000/- II f. Owner losing land and commercial structure fully, commercial activity being run by owner as well as tenant. 1. 2. 3. 4. 5. 6. 7. III Owner losing land and residential cum commercial structure (both totally) 1. Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or Consent award based on market value of land and building2 Shifting allowances; a. Upto 150 sq. ft. – Rs. 10,000/b. 151 sq. ft. – 300 sq. Ft. – Rs. 15,000/c. > 301 sq. ft. – Rs. 20,000/Business loss: In case of, a. Payment of ST / VAT upto and including Rs. 5000/- will be paid Rs. 50,000/-. b. Payment of ST/VAT between Rs. 5001/- to Rs. 15000/- will be paid Rs. 75,000/-. c. Payment of ST/VAT above Rs. 15001 will be paid Rs. 1,00,000/-. d. If without ST/VAT documentation, will be paid Rs. 25,000/-. Business premises reestablishment allowance: Rs. 240/- per sq. ft. Of area lost. Commercial Rental Income lost (Rs. 20/- per sq. ft. Pm for 6 months, twice of residential) a. Upto 1000 sq. ft. – Rs. 1,20,000/b. 1001 sq. ft. – 1500 sq. Ft. – Rs. 1,50,000/c. > 1501 sq. ft. – Rs. 1,80,000/Right to salvage material totally. Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 19 Bangalore Metro Rail Corporation Ltd. SN Affected Category 2. 3. 4. 5. 6. 7. IV Owner losing land only 1. V Tenant – Residential 1. VI Tenant – Commercial 1. Compensation and Entitlements value determined as per RFCTLARR Act 2013. or Consent award based on market value of land and building2 Shifting allowances: For commercial: a. Upto 150 sq. ft. – Rs. 10,000/b. 151 sq. ft. – 300 sq. Ft. – Rs. 15,000/c. > 301 sq. ft. – Rs. 20,000/For residential a. Upto 1000 sq. ft. – Rs. 10,000/b. 1001 sq. ft. – 1500 sq. Ft. – Rs. 12,500/c. > 1500 sq. ft. – Rs. 15,000/Inconvenience Allowance: One time payment of Rs. 30,000/Business loss: In case of, a. Payment of ST / VAT upto and including Rs. 5000/- will be paid Rs. 50,000/-. b. Payment of ST/VAT between Rs. 5001/- to Rs. 15000/- will be paid Rs. 75,000/-. c. Payment of ST/VAT above Rs. 15001 will be paid Rs. 1,00,000/-. d. If without ST/VAT documentation, will be paid Rs. 25,000/-. Business premises reestablishment a. Rs. 240/- per sq. ft. In respect of commercial portion only Right to salvage material totally. Compensation as per KIADB for land and structure acquired (Award). Award at the minimum will be equivalent to the compensation value determined as per RFCTLARR Act 2013. or 2. Consent award based on market value of land and building2 Shifting allowance per tenant single/family tenants a. Rs. 12,500/2. Inconvenience Allowance a. Rs. 30,000/- per tenant family b. Rs. 15,000/- for tenant single Shifting allowance per tenant; a. Rs. 15,000/2. Business loss per tenant: a. Payment of ST / VAT upto and including Rs. 5000/- will be paid Rs. 50,000/-. b. Payment of ST/VAT between Rs. 5001/- to Rs. 15000/- will be paid Rs. 75,000/-. c. Payment of ST/VAT above Rs. 15001 will be paid Rs. 1,00,000/-. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 20 Bangalore Metro Rail Corporation Ltd. SN Affected Category VII Tenant – Residential cum Commercial VIII Common Property Resources IX Squatter (Residential) X Squatter (Commercial) XI Vulnerable Encroacher XII Notified Slum dweller Compensation and Entitlements d. If without ST/VAT documentation, will be paid Rs. 25,000/-. 3. Business premises reestablishment per tenant (12 months): Rs. 240/- per sq. ft. A. For residential 1. Shifting allowance per residential tenant a. Rs. 12,500/2. Inconvenience Allowance a. Rs. 30,000/- per tenant family b. Rs. 15,000/- for tenant single AND B. For commercial 1. Shifting allowance per tenant; a. Rs. 15,000/2. Business loss per tenant: a. Payment of ST / VAT upto and including Rs. 5000/- will be paid Rs. 50,000/-. b. Payment of ST/VAT between Rs. 5001/- to Rs. 15000/- will be paid Rs. 75,000/-. c. Payment of ST/VAT above Rs. 15001 will be paid Rs. 1,00,000/-. d. If without ST/VAT documentation, will be paid Rs. 25,000/-. 3. Business premises reestablishment per tenant (12 months): Rs. 240/- per sq. ft. Project Authority will compensate / replace for affected portion of schools, hospitals, parks, religious structures etc.  Cost of structure based on valuation by PWD and without deducting depreciation cost.   Shifting allowance Rs. 12,500/Subsitence Allowance Rs. 30,000/-  Cost of structure based on valuation by PWD and without deducting depreciation cost.    Shifting allowance Rs. 12,500/Subsistence allowance Rs 30000/Business loss Rs 50000  Cost of structure based on valuation by PWD and without deducting depreciation cost.   XIII Vulnerbale PAHs Free house under Government Scheme Shifting allowance Rs 12500  Over and above other eligible entitlements, the displaced Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 21 Bangalore Metro Rail Corporation Ltd. SN Affected Category Compensation and Entitlements titleholder families belonging to the Scheduled Castes or the Scheduled Tribes or other vulnerable groups shall receive an amount equivalent to fifty thousand rupees. (Rs. 50,000). XIV Any other impact not identified Unforeseen impacts shall be documented and mitigated based on the principles provided in this package. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 22 Bangalore Metro Rail Corporation Ltd. Chapter 4 INSTITUTIONAL ARRANGEMENT 4.1 INTRODUCTION In order to implement and monitor RAP effectively, a Social and Environmental Management Unit (SEMU) of four officers will be constituted. This team may be supported by a consultant. The roles and responsibilities of SEMU are given below;            Preparation of RAP Implementation of R&R activities of BMRP; Land acquisition and R&R activities in the field; Ensure availability of budget for R&R activities; Liaison with district administration for support for land acquisition and implementation of R&R; Monitor land acquisition and progress of R&R implementation; Develop and implement a public consultation program and communication strategy for disclosure of RAP; Liaison with district administration for government’s income generation and development programmes for the PAPs; Monitor physical and financial progress on land acquisition and R&R activities; Organize meetings with NGO, R&R officer and other support staffs to review the progress on R&R implementation; and Provide support for the affected persons on problems arising out of LA/ property acquisition The implementation schedule will be scheduled as per the overall project implementation and included in individual RAP-s for each section. All activities related to the land acquisition and resettlement will be planned to ensure that compensation is paid prior to displacement and commencement of civil works. Public consultation, internal monitoring and grievance redressal will be undertaken intermittently throughout the project duration. 4.2 GRIEVANCE REDRESSAL MECHANISM Efficient grievance redressal mechanism will be developed to assist the PAPs resolve their queries and complaints. Grievances of PAPs will be first brought to the attention of BMRCL. Grievances not redressed by the staffs (field level) will be brought to the Grievance Redressal Committee (GRC). The Committee comprises of following members under the Chairmanship of Director (Projects and Planning): 1. 2. 3. 4. 5. 6. 7. Director (Projects and Planning), Chairman General Manager (LA & E), Convener General Manager (F & A), Member Chief Public Relation Officer, Member Chief Engineer (reach 6), Member Manager (Transportation), Member Tahsildar, Member Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 23 Bangalore Metro Rail Corporation Ltd. The main responsibilities of the GRC are: (i) To provide support to Project Affected Persons (PAPs) on problems arising out of eligibility for Resettlement Action Plan (RAP), provided entitlements compensation and assistance provided. (ii) To record the grievance of the PAPs and solve them within stipulated time frame. (iii) To report to the aggrieved parties about the development regarding their grievances and decision of BMRCL. (iv) GRC will meet regularly on a prefixed date during implementation of Rap. (v) Problems and complaints arising out of land acquisition and relocation of utilities. A flow chart of grievances redressal is indicated in the Figure 4.1: Figure 4.1: Stages of Grievance Redressal Project Affected People Grievance Assistance Grievance Addressed Compensatio n BMRCL (Field level staffs) Not Redressed Grievance Redress Committee Competent Authority Grievance Addressed Not Redressed Grievance Addressed Judiciary 4.3 COMMUNITY PARTICIPATION DURING PROJECT IMPLEMENTATION The effectiveness of the resettlement action plan (RAP) is directly related to the degree of continuing involvement of those affected by the project. Several additional rounds of consultations with PAPs will form part of the project implementation. Consultations during resettlement plan implementation will involve agreements on compensation and assistance options and entitlement package. Another round of consultation will occur when compensation and assistance are provided. During public consultations, issues related to land acquisition, compensation, income restoration, employment generation, information flow, grievance redressal, safety, role of administration etc. will be discussed. The RAP addresses all issues raised during public consultation and recommends institutional strengthening measures as well. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 24 Bangalore Metro Rail Corporation Ltd. The following set of activities will be undertaken for effective implementation of the plan:  Project Implementation Unit (PIU) will conduct information dissemination sessions in the project area and solicit the help of the local community/ leaders and encourage the participation of the PAP’s in RAP implementation.  Consultation and focus group discussions will be conducted with the vulnerable groups like women, families of BPL, Scheduled Castes to ensure that the vulnerable groups understand the process and their needs are specifically taken into consideration.  The Project Authority will organize public meetings, and will appraise the communities about the progress in the implementation of project works and payment and assistance paid to the community. Regular update of the program of resettlement component of the project will be placed for public display at the project offices.  Taking into consideration the risks of HIV/ AIDs during the project construction period and road safety issues.  Lastly, participation of PAPs will also be ensured through their involvement in various local committees.PIU and field offices will maintain an ongoing interaction with PAPs to identify problems and undertake remedial measures. 4.4 MONITORING AND EVALUATION Monitoring & Evaluation are critical activities in involuntary resettlement. Monitoring involves periodic checking to ascertain whether activities are progressing as per schedule while evaluation is essentially to assess the performance of PAPs at the end of the project. 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 make them successful. Monitoring provides both a working system for effective implementation of the RAP 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 scheduled castes, BPL families, women headed households, widows, old aged and the disabled. RAP implementation will be monitored both internally and externally. The Project Authority will be responsible for internal monitoring through their field level offices and will prepare quarterly reports on the progress of RAP implementation. An Independent Evaluation Consultant may be hired by BMRCL for mid and end term evaluation of RAP implementation. 4.5 REPORTING REQUIREMENTS The Project Authority will be responsible for supervision and implementation of the RAP. The Project Authority will prepare quarterly progress reports on resettlement activities. The Independent Evaluation Consultant will submit mid and end term evaluation report to BMRCL and determine whether resettlement goals have been achieved, more importantly whether livelihoods and living standards have been restored/ enhanced and suggest suitable recommendations for improvement. 4.6 INFORMATION DISCLOSURE The affected families/persons will be well informed about the project and their entitlements. BMRCL will prepare an information brochure in local language, i.e., Kannada, explaining the RAP, the entitlements and the implementation schedule. The draft of the RPF will be formally published in English and Kannada languages on the official website of the BMRCL and hard copies will be made available in the offices of local authorities for two weeks inviting comments Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 25 Bangalore Metro Rail Corporation Ltd. and suggestions from stakeholders. Subsequently, RPF will be discussed in a workshop with relevant stakeholders including representations from revenue officials of RAP implementation team, representative of District Magistrate and other officials involved in GRC, as well as representatives of local communities. Suitable changes will be made to RPF to incorporate suggestions by the stakeholders. The final RPF after the approval by EIB and will be published in English and Kannada languages on the official website of BMRCL and hard copies will be made available in the offices of local authorities. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 26 Bangalore Metro Rail Corporation Ltd. Annexure 1: SIA Questionnaire Sl. No.: Date of collection of data: BANGALORE METRO RAIL CORPORATION LTD. Social Impact Assessment Study (Questionnaire for collection of primary data concerning social economic conditions) IDENTIFICATION: 1. Metro Corridor Name: ……………………………… 2. Location: ………………………………………………… 3. RHS/LHS: ……………………………………………….. CATEGORY - NON RESIDENTIAL AREA / RESIDENTIAL AREA NON RESIDENTIAL AREA Number of squatters / slums within area: Any River/ Nallah crossing /passing the corridor / HT Lines/ Electric supply lines/ Temple/ Mosque/Gurudwara etc. …………………………………………………………………………. a. Shop b. Hotel c. Small Eatery d. Petrol Pump e. Clinic If other (specify) ………………………………………………………………………………. Name of owner……………………………………….S/o …………………………………. Age ………………. Sex (M/F)…………………………Education …………………………. 1. Total Number of Manpower’s: a. Male…………………………….. b. Female ………………………….. 2. Number of affected persons, due to Metro construction: a. Male……………………………… b. Female ………………………….. 3. Did you receive any notice from BMRCL/Government, regarding the loss of property, if yes, please describe ………………………………………………………………………………………………………. CATEGORY: RESIDENTIAL AREA 1. Name of the person / Head of the family contacted: 1. Age. 2. Sex M/F 2. Address: ………….. /Contact No. ……… 3. Married / Unmarried / Widowed House No. ………. …. Location …………… Landmark ……………………… Mobile No. 3. Family Pattern 1. Joint 2. Nuclear 3. Single person family Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 27 Bangalore Metro Rail Corporation Ltd. 4. Family size (Details of family members): Name of the member Sex (M/F) Age (years) Level of Education Relation Total number of members 5. Details about Education: Illiterates / Literate – 1. High School 2. Intermediate 3. Graduate 4. Post Graduate 5. Higher Degree holder 6. Professional Education: Law/Medical/Engineering/Management/CA/CS etc. 6. Social Group: 1. SC 2. ST 3. OBC 4. General 5. Others 3. Christian 4. Buddhist 7. Religious Groups: 1. Hindu 2. Muslim 5. Jain 6. Others 8. Do you feel that coming of Metro corridors will be affecting your religious belief and practices. if yes, how ? ………………………………………………………………………………………………… 9. Nature of employment: 1. Unemployed 2. Employed Regular employment / Irregular employment or daily wage earner Number of earning members in the family: ……………Nos. 10. Annual income of the family: Rs.………………..per month 11. Name of occupation (daily wage earner/regular employment) 12. Information about Family Assets (Have the assets of your family been affected by the metro project, yes/no, If yes, how, details please) Please inform about the affected property in detail. 13. Is your family project affected? (If yes how, _______________ (if no why) _______________ 14. Are you aware of the Metro project which is being commissioned in your area? How do you feel about the same, describe in detail ……………………………………………………………………. 15. How many people are affected in family, due to Metro construction, with name (If affected, how, mode of effect) ……………………………………………………………………………………… 16. Whether the house is your own / rented. a. own b. rented c. lease hold d. kutcha e. pucca f. semipucca Utility connection a. Electricity b Water c. phone Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 28 Bangalore Metro Rail Corporation Ltd. RESETTLEMENT AND REHABILITATION 17. Number of members earning in the project affected family 18. Number of dependents in project affected family? 19. What is the resources base of your projected affected family? 20. What is the base of your livelihood? 21. Is there any change in your livelihood / way of life due to Metro project implementation? (yes/no) If yes way of life / health / culture/community life / personal safety 22. How do you feel about project location? a. Good b. Bad c. Normal d. No response 23. Are you project affected person? a. (If yes how) b. (if no why) 24. Land, where Metro corridors are being layed belongs to you (a) any other person (b) community (c) Government. 25. Are you aware about HIV/AIDS Can Metro commissioning affect the HIV/AIDs spread 26. Do you think that water supply and sanitation situation will be affected with the oncoming of Metro projects? ( yes / no) 27. Do you feel that you need re-settlement on account of being affected by commissioning of Metro corridors? (yes / no) Feedback about BMRCL during construction and operation: If positive (specify) …………………………………………………………………………………………………………………..………………………………………………………… …………………………………………………………………………………………….. If negative (specify) ……………………………………………………………………………………………………………………….……………………………………………………… …………………………………………………………………………………………. (Signature of the Supervisor) (Signature of the investigator) Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 29 Bangalore Metro Rail Corporation Ltd. Annexure 2: Format for Public Consultation FORMAT FOR PUBLIC CONSULTATION Project Name:…………………………………………………………………………… Location Date & Time Signature of stakeholders Stakeholders Issue Discussed Suggestions by Stakeholders Signature of investigator Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 30 Bangalore Metro Rail Corporation Ltd. Annexure-3: Outline of RAP OUTLINE OF RESETTLEMENT ACTION PLAN (RAP) The basic outline of RAP is: a) State the resettlement guiding principles and objectives; b) Describe the nature and magnitude of project impacts and identify all people to be displaced, paying special attention to vulnerable groups; c) Carry out a census to establish the number of people to be displaced, livelihoods affected, property to be compensated and the cut-off date for eligibility claims; d) Describe the legal framework expected to guide this Plan’s land acquisition (when applicable), compensation, resolution of conflicts and appeals procedures; e) Include an analysis of applicable national legislation, highlighting gaps with EIB requirements and required bridging measures; f) Propose how to fill the gaps between national law and EIB requirements should such gaps be identified; g) Describe institutional set-up and responsibilities; h) Establish the eligibility criteria and describe the entitlements for all categories of displaced people and types of impacts suffered; i) Describe how affected populations, including women, minorities and other vulnerable groups, have been effectively consulted and how their views were taken into account; j) Include valuation of and compensation for lost assets and loss of income and demonstrate that these rates are adequate, i.e. at least equal to the replacement cost of lost assets/income or meeting minimum average wage thresholds; k) Provide details of sustainable arrangements for improving the standards of living of displaced persons; l) Provide details of sustainable arrangement for improving or, at minimum, restoring livelihoods; m) Prepare a grievance mechanism for the settlement of disputes arising from resettlement related issues ensuring access to grievance and recourse for all affected persons; and, n) Include implementation schedule, budgets, and arrangements for monitoring and evaluation. Bangalore Metro Phase II: Resettlement Policy Framework for Gottigere – Nagavara Corridor 31