Post on 09-Jun-2018
DRAFT
RESETTLEMENT ACTION PLAN (RAP)
FOR BRTS CORRIDOR
WAKAD TO NASHIK PHATA
AND
KALEWADI TO DEHU ALANDI ROAD
PREPARED BY
PIMPRI-CHINCHWAD MUNICIPAL CORPORATION
OCTOBER 2010
RP819 v. 3
ACRONYMS
BPL Below Poverty LineBRTS Bus-based Rapid Transit SystemCOI Corridor of ImpactCPRs Common Property ResourcesEP Entitled PersonESMD Environment Social Management DepartmentESMF Environment Social Management FrameworkFGD Focused Group DiscussionFSI Floor Space IndexGEF Global Environmental FacilityGoM Government of MaharashtraGRC Grievance Redress CommitteeHa HectareIBRD International Bank for Reconstruction and DevelopmentIEC Information – Education – CommunicationJnNURM Jawaharlal Nehru Urban Renewal MissionLAA Land Acquisition ActMEH Minimum Economic HoldingMIDC Maharashtra Industrial Development CorporationNGO Non-Government OrganizationPAFs (Project) Affected FamiliesPAPs Project Affected PersonPCMC Pimpri-Chinchwad Municipal CorporationPCNTDA Pimpri-Chinchwad New Town Development AuthorityPIU Project Implementation UnitPMC Project Management consultantR & R Resettlement and RehabilitationRAP Resettlement Action PlanROW Right of WaySBEs Small Business EnterprisesSC Scheduled CasteSES Socio-Economic SurveyST Scheduled TribeSUTP Sustainable Urban Transport ProjectTDR Transfer of Development Rightsu/s Under SectionWB World Bank
EXECUTIVE SUMMARY
Pimpri-Chinchwad Municipal Corporation (PCMC) is developing a network of 130 km
long bus-based mass transit road corridors across Pimpri-Chinchwad City based on its
comprehensive mobility plan. Each of these corridors is composed of a pair of dedicated
Bus Rapid Transit System (BRTS) lanes and associated networks of sidewalks and bike
lanes, which are comprehensively designed as a multi-modal transport system.
Pedestrians and cyclists will, therefore, benefit not only from the use of the BRTS as the
passengers but also from safer and more convenient access to and from the BRTS stops.
Necessary other infrastructure will also be provided to ensure urban amenities to support
high population densities along the BRTS corridors. Through planned, pre-empting
investments in this project, PCMC intends to catalyze more orderly and efficient spatial
development towards a “compact city” and improvement of the overall mobility, which is
a fundamental departure from the inefficient old retrofitting approach of merely trying to
catch up with uncontrolled rapid urban sprawl.
The BRTS of Pimpri-Chinchwad City is expected to be integrated with the similar BRTS
of the neighbouring Pune City, which will soon be developed. Recognizing that a BRTS
will be a cost effective mode of transport, PCMC is exploring funding options for
execution of the projects. Though JNNURM forms an important source of funds, it is not
completely sufficient. As part of its exploration of additional funds, PCMC has applied to
the World Bank under the GEF-SUTP/IBRD fund. The present report of Resettlement
Action Plan (RAP) is prepared as per the requirements of the safe guard loan covenant of
the World Bank. This RAP is prepared for the 2 BRTS corridors based on the detailed
engineering design. According to the engineering design, it is assessed that there will be
significant impact on land acquisition and resettlement and therefore a RAP is prepared
for this project. The proposed BRT system consists of a network of corridors across
PCMC area. The corridors (Kalewadi-KSB Chowk-Dehu Alandi Road[13.2 Kms] and
Nashik Phata to Wakad[7.8 Kms) with a total length of 21 Kms for World Bank/IBRD
funding have been selected based on criteria such as travel demand, hierarchy of road,
existing bus-routes etc.
The aims and objectives of this RAP are to mitigate all unavoidable impact caused due to
land acquisition and resettlement and to provide a guideline on implementation of the
resettlement issues. The plan has been prepared on the basis of findings of census and
inventory of losses, socio-economic survey and consultation with various stakeholders, in
compliance with ESMF of SUTP. The RAP also takes in to account the laws and policies
of Government of India (GoI) and Government of Maharashtra (GoM). A census and
Socio-Economic survey was carried out in April-July 2010. to access the impacts as per
engineering design of the alignment. A structured census questionnaire was used to
collect detailed information on displaced households and to document impacts on private
assets, loss of incomes and livelihood for a full understanding of impacts in order to
develop mitigation measures and RAP for the PAPs.
The project will impact upon 397 households, of which 257 are residential and 140 are
commercial. Of the total 257 residential PAPs, 194 are the Titleholders, 52 are Non-
Titleholders and there are 11 PAPs whose loss are residential in nature, could not be
surveyed due to their non-cooperation at the time of survey. Of the total 397 PAPs, 68, 72
PAPs fall within the category of commercial (Eatery, Cutlery, Workshops, etc.) are
Titleholder and Non-Titleholder respectively. Of the total 72 Non-Titleholder
Commercial PAPs, 21, 51 are squatter and tenants respectively. The 72 Non-Titleholder
households are on public land without any legal permission. There are 21 squatters, all are
commercial squatters. The squatters’ rehabilitation will be dealt as per the Hawker’s
Policy of PCMC. There are a total of 904 numbers of private trees. There are 140
PAPs/households whose business will be affected from the loss of their commercial
structures partially in both the corridors. The different business activities in the project
area include but not limited to eatery, shop, garage, hotel, engineering, scarp shop and
others. The census survey revealed that there will be a total of 76 vulnerable households;
in both the corridors. Vulnerable households are women headed households, below
poverty households and Scheduled Caste.
The project will be impacted upon three common property resources. It includes a well, a
school and a nursery is located on Wakad to Nashik Phata road. The project will entail
significant land acquisition and resettlement. There is a total of 54.78 hectares (Ha) of
land required in the 2 corridors. Of the total of 54.78 ha, 20.43 ha are private land
acquired from private sources as per the Land Acquisition Act. In Nashik Phata to Wakad
Corridor, 10.42 ha of private land will be acquired. In Kalewadi to Dehu Alandi Road
Corridor, the private land acquisition will be 10.01 ha. The compensation offered is in
accordance with the local and national laws and is in conformity with the principle of
replacement cost. This RAP is based on the details of impacts for this 54.78 ha of land
and the squatter/informal settlements at various places, i.e. Kalewadi, Pimple Nilakh,
Chikhali. There are total of 319 structures in which 257 are residential PAPs and 140
Commercial PAPs. (257 residential + 140 commercial = 397 PAPs in 319 structures). The
legal status of each structure was verified from concerned department. In the primary
screening, almost all structures are observed to be unauthorized construction on either
reserved land.
In Pimpri-MIDC area there are 8 structures which are industrial units are entitled to get
compensation for structure. The MIDC has agreed to give the substitute land for these
structures. As per the entitlement matrix the PAPs who have the legal title and losing their
land, two options are offered by PCMC; TDR in lieu of loss of land as per PCMC law or
the compensation for land as per Land Acquisition Act. As structures are illegally
constructed, they are not entitled to get the compensation for structures. However, as
discussed above, they are entitled to get TDR and FSI. On the both BRT corridors,
majority of the structures have been constructed without taking permission from PCMC
and some of them are also not the tax payers. The entitlement matrix clearly spelled out
the compensation for various categories of PAPs based on this matrix, Details of the
compensation proposed by PCMC is given in the following table. As verification of the
legality of the structures is in progress, there might be some additional families who will
be eligible to get the benefit. More details will be calculated on the basis of submission of
essential documents by PAPs. For this purpose, PCMC is preparing Micro Plan for
implementation of R & R Policy.
Temporary impacts have not been identified now but during the construction phase the
contractor has to ensure that there is not any kind of inconvenience caused to the people.
The contractor has to identify the impacts and address them during the construction.
Different techniques of consultation with stakeholders were used during project
preparation, viz., in-depth interviews, public meetings, group discussions etc. To
understand the socio-economic profile of the displaced persons, questionnaires were
designed and information was collected from the affected persons on one-to-one basis.
Around 72 Project Affected households have been consulted as part of the census survey
in BRTS subproject area on during 5 May 2009 and 28 June 2010 in the project affected
zone. Focused Group Discussions (FGD) were conducted at rural as well urban areas such
as Kalewadi Village (10 May 2010), Chikhali village (15 September 2010), The numbers
of participants in the consultations were approximately 200. Consultations have also
been carried out with special emphasis on the vulnerable groups. The key informants
included both individuals and groups namely: 1] Heads and members of households likely
to be affected. Groups/clusters of APs; 2] Government agencies/departments Other
project stakeholders with special focus on APs belonging to the vulnerable group.
To keep more transparency in planning and for further active involvement of PAPs and
other stakeholders, the project information will be disseminated through disclosure of
resettlement planning documents. A resettlement information leaflet containing
information on compensation, entitlement and resettlement management adopted for the
Project will be made available in local language(s) and distributed to PAPs. Each PAP
will be provided information regarding specific entitlements. The ESMD of PCMC will
keep the displaced people informed about the impacts, the compensation and assistances
proposed for them and facilitate addressing any grievances. The project summary
Resettlement Plan will be translated in to local language and disclosed to displaced
persons at local level. The copy of the Resettlement Plan will be available with PCMC
and will be available for the PAPs as and when asked for. A copy of the draft and final
RAP will be disclosed on World Bank and PCMC website.
Attempts has been made during the detailed design of the project preparation to minimize
the adverse impacts on land acquisition, resettlement and on community in the project
area through suitable engineering design. Steps have already been made to confine the
project area in the government land and in available right of Way (ROW) where feasible.
This has been done with proper consultation with the local people and affected
communities. Their suggestions have been incorporated, in the design, whenever
technically possible. However, there will be some unavoidable land acquisition for which
adequate compensation has been provided. For the proposed work the following specific
measures are taken to minimize resettlement in this project road.
Selection of the sub project sites and its various components in the government
land; and
Adequate engineering design to minimize resettlement impact and to avoid
dislocation
The implementation of RAP requires involvement of various institutions at different
stages of project cycle. This section deals with roles and responsibilities of various
institutions for a successful implementation of the RAP. The primary institutions to be
involved in the process are as follows:
Pimpri-Chinchwad Municipal Corporation (PCMC), Government of Maharashtra
Department of Town Planning, PCMC, Government of Maharashtra
Office of the District Commissioner (Special Land Acquisition Officer)
Slum Development and Rehabilitation Authority
Monitoring Agency
Efficient Grievance redress mechanism will be developed to assist the PAPs resolve their
queries and complaints. Grievances of PAPs will be first brought to the attention of PIU.
Grievances not redressed by the PIU staff (field level) will be brought to the Grievance
Redress Committee (GRC). The composition of the proposed GRC will have
representatives from PAPs, PCMC, Environment and Social Management division
(ESMD), field staff, commissioner and Revenue Authority. The main responsibilities of
the GRC are to: (i) provide support to PAPs on problems arising from land/property
acquisition; (ii) record DP grievances, categorize, and prioritize grievances and resolve
them; (iii) immediately inform the ESMD of serious cases; and (iv) report to PAPs on
developments regarding their grievances and decisions of the GRC.
Other than disputes relating to ownership rights under the court of law, GRC will review
grievances involving all resettlement benefits, compensation, relocation, replacement cost
and other assistance. When any grievance is brought to the field level staff, it should be
resolved within 15 days from the date of complaint. The GRC will meet every month (if
grievances are brought to the Committee), determine the merit of each grievance, and
resolve grievances within a month of receiving the complaint—failing which the
grievance will be referred to appropriate court of Law for redressal. Records will be kept
of all grievances received including: contact details of complainant, date the complaint
was received, nature of grievance, agreed corrective actions and the date these were
effected, and final outcome. The GRCs will continue to function during the life of the
Project including the defects liability period.
RAP implementation will be monitored internally. The monitoring of the resettlement
issues will aim at providing the PCMC with an effective basis for assessing resettlement
progress and identifying potential difficulties and problems. Monitoring will be
undertaken by the PCMC with assistance from ESMD. Broadly, monitoring will include
but not limited to daily planning, implementation, feedback and trouble shooting,
individual PAPs file maintenance, progress reporting;
PCMC is required to implement safeguard measures and relevant safeguard plans, as
provided in the legal agreements, and to submit periodic monitoring reports on their
implementation performance. The World Bank will require PCMC
To establish and maintain procedures to monitor the progress of implementation
of safeguard plans,
Verify the compliance with safeguard measures and their progress toward
intended outcomes,
follow up on these actions to ensure progress toward the desired outcomes, retain
qualified and experienced external expert to verify monitoring information for
projects with significant impacts and risks,
Bi-annual reports will be prepared and submitted to World Bank
Internal monitoring for RAP implementation will be carried out during the entire project
period. Regular monitoring of resettlement progress will identify potential difficulties and
problem areas. It is a continuous process The ESMD will undertake internal monitoring
and reports will be submitted to the PCMC documenting actual achievements against
targets fixed and identifying reasons for shortfalls, if any. The indicators for achievement
of objectives during RAP implementation are of two kinds such as (i) Process Indicators:
Indicating project inputs, expenditure, staff deployment, etc. and (ii) Output Indicators:
Indicating results in terms of numbers of PAPs compensated, restoration of livelihood,
rehabilitation of slum dwellers. A PMC was appointed by the NPD, PMU for the project
term. The project management consultants would involve social expert to design,
recommend and implement resettlement activities as per the regulations of the World
Bank, GEF and Government of India.PMC expert is also to verify the PCMC's
monitoring information. The PMC expert will verify the monitoring information
generated by the PCMC and will advise on safeguard compliance issues. If they identify
any significant involuntary resettlement issues, the PCMC is required to prepare a
corrective action plan to address such issues. The PMC expert will document: (i)
restoration of income levels; (ii) changes and shifts in occupation patterns; (iii) changes in
PAPs type of housing and asset ownership; (iv) Performance of the ESMD in resettlement
implementation. The expert will monitor the project in each quarter in a year and submit
reports to PMU. The PMU will submit all reports to WB.
The total time frame for the implementation of RAP would be 24 months with a total
budget of Rs 937.98 million.
TABLE OF CONTENTS
I Acronyms Page No.
II Executive Summary
I INTRODUCTION
1.1 Back Ground
1.2 Project Description
1.3 Status on Land Acquisition and Impact
1.4 Minimizing Resettlement
1.5 Scope and Objective of the RAP
II IMPACT AND INVENTORY OF LOSS
2.1 Census and Socio Economic Survey
2.2 Overall Impacts
2.3 Land Requirement and Magnitude of Impact
2.3.1 Land Requirements
2.3.2 Land Acquisition
2.3.3 Inventory of Structure Loss
2.3.4 Loss of trees
2.3.5 Loss of Business
2.3.6 Vulnerable households
2.3.7 Impact on the Community Resources
2.3.8 Temporary Impacts
2.4 Relocation
III SOCIO ECONOMIC PROFILE
3.1 Profile
3.1.1 Educational Level
3.1.2 Occupation
3.1.3 Religion
3.1.4 Caste
3.1.5 Head of Family (Male/Female)
3.1.6 Vulnerability
3.1.7 Type of Family
3.1.8 Family Size
3.1.9 Number of Earners
3.1.10 Number of Dependents
3.1.11 Widows
3.1.12 Disable Person
3.1.13 Enrolment of children
3.1.14 Annual Income
3.1.15 Secondary Occupation
3.1.16 Indebtness
3.1.17 Participation of Women
3.1.18 Information about BRT
3.1.19 Information about the notice served by PCMC about Evacuation
3.1.20 Option preferred by PAP for Resettlement/Rehabilitation
3.1.21 Land under Residential Structure
3.1.22 Loss of Area and Percent loss of the area of land of Residential
Structures
3.2 Socio-economic information about Commercial Structures
3.2.1 Type, Ownership and Response of Commercial Structures
3.2.2 Educational Background, Secondary Occupation and Religion
3.2.3 Caste, Type of Family, Size of Family and Number of Earners
3.2.4 Category of Business and Number of Employees in Commercial
Activities
3.2.5 Engagement of Family Members, Number of Dependents and
Number of Dependents in Commercial Activity
3.2.6 Area under Commercial Structure, Loss of Area and Percent Loss
3.2.7 Alternative
IV COMMUNITY PARTICIPATION, CONSULTATION AND
DISCLOSURE
4.1 Consultation
4.1.1 Objective of the Consultation
4.1.2 Methods of Public Consultation
4.2 Findings of the Community Consultations/FGDs
4.3 Consultation with Government Officials
4.4 Perceived Impact of BRT- PAPs
4.4.1 Alternative to Overcome Impact
4.4.2 Information about BRT among PAPs
4.5 Continuation of Public Consultations
4.6 Disclosure of RAP
V RESETTLEMENT POLICY, LEGAL FRAMEWORK AND
ENTITLEMENT
5.1 Policy Framework
5.1.1 Land Acquisition Act, 1894 amended 1984
5.1.2 The National Resettlement and Rehabilitation Policy (Ministry of
Rural Development, Department of Land Resources), 2007
5.1.3 The Maharashtra Project Affected Persons Rehabilitation Act, 1999
modified in 2006
5.1.4 The Maharashtra Regional Town Planning Act, 1966
5.2 Principles and Policies adopted for this sub project
5.3 Eligibility and Entitlements
5.3.1 Transferable Development Right (TDRs)
VI INCOME RESTORATION AND RELOCATION
6.1 Income Restoration
6.2 Income Restoration and Relocation of Commercial Squatters
6.3 Residential Relocation
VII INSTITUTIONAL SET UP AND GRIVANCE REDRESSAL
MECHANISM
7.1 Institutional Arrangement
7.1.1 Pimpri-Chinchwad Municipal Corporation (PCMC)
7.1.2 Department of Town Planning
7.1.3 Office of the District Collector (Special Land Acquisition Officer)
7.1.4 Department of Slum Rehabilitation
7.1.5 Environment and Social Management Division
7.2 Grievance Redress Committee
VIII MONITORING AND EVALUATION
8.1 Internal Monitoring
8.2 External Monitoring
8.3 Reporting Requirements
IX IMPLEMENTATION SCHEDULE
10.1 General
XI RESETTLEMENT BUDGET
11.1 Introduction
11.2 Compensation and Assistance
ANNEXURE
Annexure 2.1 Questionnaire
Annexure 3.1 Socio-economic Survey Output Tables
Annexure 11.1 List of the PAPs who have taken the benefits of EWS
Scheme
LIST OF TABLES
Table 1.1 BRTS Network
Table No. 2.1 No. of PAPs
Table No. 2.2 Land Acquisition and Cost
Table No. 2.3 Private and Government Land in ha
Table No. 2.4 Type of Structure
Table 2.5 Details of Trees
Table No. 2.6 Category of Business
Table 2.7 Vulnerability
Table 5.1 Entitlement matrix
Table 5.2
Comparison matrix Of World Bank Involuntary Resettlement Policy and
national and state policies
Table 10.1 Implementation Schedule project R&R Component/Activities
Table No. 11.1 Land Acquisition and Cost
Table 11.2 Replacement Assistance Already Provided
Table No. 11.1 PAP Compensation Budget
Table No. 11.2 Budget for Mitigating Negative Impact
Table No. 11.3 Summary Budget
LIST OF FIGURES
Figure No. 1.1 BRTS Corridor and Road Network
Figure No. 3.1 Educational Level
Figure No. 3.2 Occupation of PAPs
Figure No. 3.3 Religion of PAPs
Figure No. 3.4 Caste Category of PAPs
Figure No. 3.5 Head of Family
Figure No. 3.6 Vulnerability of PAPs
Figure No. 3.7 Type of Family
Figure No.3.8 Annual Income of PAPs
Figure No. 3.9 Option preferred by PAPs
Figure No. 3.10 Land under Structure
Figure No. 3.11 Loss of Area under Structure
Figure No. 3.12 Percent Loss of Area under Structure
Figure No. 3.13 Type of Structure (Commercial)
Figure No. 3.14 Ownership of Structure (Commercial)
Figure No. 3.15 Caste Category (Commercial)
Figure No.3.16 Head of Family (Commercial)
Figure No. 3.17 Vulnerability of PAPs (Commercial)
Figure No. 3.18 Category of Business
Figure No. 3.19 Number of Earners in Family (Commercial)
Figure No. 3.20 Monthly Income of the PAPs (Commercial)
Figure No. 4.1 Impact of BRT (Commercial)
Figure No. 4.2 Own Alternatives (Commercial)
Figure No. 7.1 Grievance Redress Committee
Figure No. 11.1 Summary Budget
I
INTRODUCTION
1.1 Back GroundPimpri-Chinchwad Municipal Corporation (PCMC) is developing a network of 130 km
long bus-based mass transit road corridors across Pimpri-Chinchwad City based on its
comprehensive mobility plan. Each of these corridors is composed of a pair of dedicated
Bus Rapid Transit System (BRTS) lanes and associated networks of sidewalks and bike
lanes, which are comprehensively designed as a multi-modal transport system.
Pedestrians and cyclists will, therefore, benefit not only from the use of the BRTS as the
passengers but also from safer and more convenient access to and from the BRTS stops.
Necessary other infrastructure will also be provided to ensure urban amenities to support
high population densities along the BRTS corridors. Through planned, pre-empting
investments in this project, PCMC intends to catalyze more orderly and efficient spatial
development towards a “compact city” and improvement of the overall mobility, which is
a fundamental departure from the inefficient old retrofitting approach of merely trying to
catch up with uncontrolled rapid urban sprawl1. The BRTS of Pimpri-Chinchwad City is
expected to be integrated with the similar BRTS of the neighbouring Pune City, which
will soon be developed. A joint company between the two cities has already been set up
which will be responsible for the provision of the bus services operating on these routes
eventually and the pilot services of Pimpri will eventually be subsumed into this
integrated company. PCMC has already inaugurated the Old NH4 as the first BRTS
corridor and has commenced operations of BRTS services. Recognizing that a BRTS will
be a cost effective mode of transport, PCMC is exploring funding options for execution of
the projects. Though JnNURM forms an important source of funds, it is not completely
sufficient. As part of its exploration of additional funds, PCMC has applied to the World
Bank under the GEF-SUTP/IBRD fund. The present report of Resettlement Action Plan
(RAP) is prepared as per the requirements of the safe guard loan covenant of the World
Bank. 1 As a part of re-development of land along corridors, with the objective of having a transit-oriented development along the BRT corridors, PCMC proposed to modify certain land-use policies by way of allowing a maximum FSI of 1.8 within the influence zone of the BRT corridors. Once approved, developers will be able to utilize more FSI along the BRT corridors. The Transfer of Development Rights (TDR) from other existing zones in the area would be allowed in the buffer zones along BRT corridors. This is expected to drive the more development along the public transport corridors in future years. Developers will have to pay a premium for transferring the development rights onto the new zone.
This RAP is prepared for the 2 BRTS corridors based on the detailed engineering design.
According to the engineering design, it is assessed that there will be considerable land
acquisition and resettlement and therefore a RAP is prepared for this project. .
1.2 Project Description Based on the current traffic and forecast demand, a bus-based rapid transit system was
found to be the appropriate public transportation system for the city of Pimpri-
Chinchwad. On the basis of the analysis of the road structure within PCMC it was
observed that the existing road network of PCMC is highly fragmented at primary and
secondary levels. Accordingly, PCMC proposed improvement its existing road network
and also provide a public transportation system in the form of a BRT system along its
major roads.
The BRTS project consists of 7 corridors. Out of the seven corridors, two of them are
being funded by the World Bank, three corridors by the Asian Development Bank and the
remaining two corridors are being done by GOI grant to PCMC.
The three corridors assisted by the Asian Development Bank are:
1. Aundh-Ravet Road
2. Telco Road
3. Expressway to Bhaktishakti Chowk
The Other two corridors which are being funded by GOI as a grant to PCMC are:
1. NH4 (Mumbai-Pune road)
2. NH50
The NH4 corridor is completed and fully operational. There is heavy traffic moving on
the corridor. The land for this corridor was acquired in 1998 and this was the first corridor
that was completed. The people were compensated according to the local and national
laws and the A section of NH 50 i.e. around 4.8 kms length is being taken up for the first
phase of the project. The land acquisition process began in May 2007 and by June 2008
the land was in possession of PCMC.
The proposed BRT system consists of a network of corridors across PCMC area. The
corridors have been selected based on criteria such as travel demand, hierarchy of road,
existing bus-routes. Corridor- 7, Kalewadi-KSB Chowk-Dehu Alandi Road and
Corridor- 9 Nashik Phata to Wakad (figure1.1) with total length of 21 kms (table 1.1) are
proposed for World Bank assistance.
Figure 1.1: BRTS Corridor and Road Network
Table 1.1: BRTS Network
S.N Road Name Length
(km)
Row
Proposed (m)
1 Kalewadi-KSB Chowk-Dehu
Alandi Road
13.2 45.0
2 Nashik Phata to Wakad 7.8 45.0
Dedicated bus-lanes located in the middle of the carriageway, on either sides of
the median.
Bus stops would be located at a distance of about 250 m on either side of
Junctions and at mid-block locations at distances of 500-700 m beyond junctions.
In order to have least hindrances for pedestrians to cross roads to reach bus stops,
it has been proposed that the bus stops be located at grade with the pedestrian
lanes provided at the edge of RoW. The through traffic lanes on either sides of
BRT lanes would be elevated to a minimum height of the buses. This would
enable pedestrians to reach bus stops with minimum impedance.
Provision of separate lanes for pedestrians and non-motorized vehicles on either
ends of Road.
The corridors also have other components, which are aimed at improving the
traffic conditions on corridors. These include fly-overs at important junctions, rail-
over bridges and bridges over rivers. Pedestrian under-passes and foot-over
bridges have also been proposed to facilitate pedestrian crossings at crowded
locations.
1.3 Land Acquisition and Resettlement The project will entail considerable land acquisition and resettlement. There is a total of
54.77 hectares (Ha) of land required in the 2 corridors. Out of this, the total private land
required for 2 corridors is 21.05 ha and the remaining 33.72 ha is government land. The
compensation offered is in accordance with the local and national laws and is in
conformity with the principle of replacement cost. This RAP is based on the details of
impacts for this 54.77 ha of land and the squatter/informal settlements at various places,
i.e. Kalewadi, Pimple Nilakh, Chikhali.
The rapid assessment of the structures, who have to lose their either structure or land were
surveyed. It was found that there are total of 319 structures occupied by 257 Residential
PAPs and 140 Commercial PAPs. The details about their legal status, proportion of losses
and their entitlement will be carried out in Micro Planning stage. However, the PCMC
record indicates almost all structures are illegal and they are entitled to get compensation
for loss of land as per the entitlement framework. Decision regarding the ownership
involves the complex process as there are number of transactions of land on simple
stamp paper or even most of the transactions are not recorded with concerned authorities
of Revenue Department. Collection of the necessary documents and its verification from
concerned authority will be the priority in Micro Planning Stage.
1.4 Minimizing Resettlement Attempts have been made during the detailed design of the project preparation to
minimize the land acquisition, resettlement and adverse impacts on community in the
project area through suitable engineering design. Steps have already been made to confine
the project area in the government land and in available right of Way (ROW) where
feasible. This has been done with proper consultation with the local people and affected
communities. Their suggestions have been incorporated, in the design, whenever
technically feasible. To the possible extent the land acquisition from private was kept to
minimum and it is only 38% of the total land under acquisition. Maximum land
acquisition (62%) is related to government land. However, there will be some
unavoidable land acquisition for which adequate compensation has been provided. For the
proposed work the following specific measures are taken to minimize resettlement in this
project road.
Selection of the sub project sites and its various components in the government
land; and
Adequate engineering design to avoid and minimize displacement and
resettlement.
1.5 Scope and Objective of the RAPThe aims and objectives of this RAP are to mitigate all unavoidable impact caused due to
land acquisition and resettlement and to provide a guideline on implementation of the
resettlement issues. The plan has been prepared on the basis of findings of census and
inventory of losses, socio-economic survey and consultation with various stakeholders, in
compliance with ESMF of SUTP. The RAP also takes in to account the laws and policies
of Government of India (GoI) and Government of Maharashtra (GoM). The issues
identified and addressed in this RAP are:
Assessment of type and extent of loss of land and non-land assets, loss of
livelihood or income opportunities and collective losses, such as common
property resources and social infrastructure;
Identification of impacts on vulnerable groups and assessment of other social
issues in the subproject;
Public consultation and people’s participation in the subproject;
Assessment of existing legal and administrative framework and formulation of
resettlement policy for the subproject;
Development of entitlement matrix for compensation and resettlement assistance
R&R cost estimate including provision for fund and;
Institutional framework for the implementation of the plan, including grievance
redress and monitoring & evaluation.
II
IMPACT AND INVENTORY OF LOSS
2.1 Census and Socio Economic Survey A census and Socio-Economic survey was carried out in April-July 2010 to assess the
impacts as per engineering design of the alignment. A structured census questionnaire
was used to collect detailed information on displaced households and to document
impacts on private assets, incomes and livelihood for a full understanding of impacts in
order to develop mitigation measures and RAP for the PAPs. The objective of the census
survey was to generate an inventory of social impacts on the people affected by the
subproject, the type of impact, type of ownership and market value of land and/or
structure, social profile of the affected people, poverty status, the presence of non
titleholders in the sub project area, and finally the views of the affected about the
subproject and on various options for rehabilitation and resettlement. A socio-economic
survey was also conducted in order to assess the overall socio-economic condition of the
project affected area which is described in detail in chapter 3. The major findings and
magnitude of impacts are discussed in the following sections.
2.2 Overall Impacts The project will impact upon 319 structures occupied by 397 PAPs, of which 257 are
residential and 140 are commercial. Of the total 257 residential PAPs, 194 are the
Titleholders, 52 are Non-Titleholders and there are 11 PAPs whose loss are residential in
nature, could not be surveyed due to their non-cooperation at the time of survey. Of the
total 397 PAPs, 68, 72 PAPs fall within the category of commercial (Eatery, Cutlery,
Workshops, etc.) are Titleholder and Non-Titleholder respectively. Of the total 72 Non-
Titleholder Commercial PAPs, 21, 51 are squatter and tenants respectively. These 72
NTH PAPs/ households are on public land without any legal permission. There are 21
squatters, all are commercial squatters. The squatters’ rehabilitation will be dealt as per
the Hawker’s Policy of PCMC.
Table No. 2.1 No. of PAs
Category Residential Commercial Total
Titleholder 194 68 262
Non-Titleholder 52 72 124
No Response 11 0 11
Total 257 140 397
Source: Census and Socio economic Survey, PCMC 2010
2.3 Land Requirement and magnitude of Impact2.3.1 Land Requirements
The project will entail considerable land acquisition and resettlement. There is a total of
54.78 hectares (Ha) of land required in the 2 corridors. The compensation offered is in
accordance with the local and national laws and is in conformity with the principle of
replacement cost. This RAP is based on the details of impacts for this 54.78 ha of land
and the squatter/informal settlements at various places, i.e. Kalewadi, Pimple Nilakh,
Chikhali.
2.3.2 Land Acquisition
The magnitude of impacts are discussed in the following sections.
Table No. 2.2 Land Acquisition and Cost
S.
N
Name of the
corridor
Land Acquired in
Ha
(in possession)
Total Land
Required in
Ha
Estimated cost of
Land Acquisition
(in crore)
1
Kalewadi-
KSB Chowk-
Dehu Alandi
Road
12.02 25.18 35.69
2Nashik Phata
to Wakad17.59 29.61 55.70
Total 29.61 54.78 91.39
Source: PCMC 2010
As mentioned in earlier section, the project will be impacted upon 54.78 ha of land with a
total estimated land acquisition cost of Rs 91.39 crore. PCMC has deposited this amount
to the office of Competent Authority charged with the land acquisition purpose.
It can be seen from the Table No. 2.3 that of the total of 54.78, 20.43 ha are private land
acquired from private sources as per the Land Acquisition Act. It can also be seen from
Table no. 2.3 that in Nashik Phata to Wakad Corridor, 10.42 ha of private land will be
acquired. and in Kalewadi to Dehul Alandi Road Corridor, the private land acquisition
will be 10.01 ha.
Table No. 2.3 Private Land in ha
S.NName of the
corridor
Total
Private
land
1
Kalewadi-KSB
Chowk-Dehu Alandi
Road
10.01
2Nashik Phata to
Wakad10.42
Total 20.43
Source: PCMC 2010
2.3.3 Inventory of Structure Loss As shown in Table 2.4, the project will affect a total of 319 structures for both the
Kalewadi-KSB Chowk-Dehu Alandi Road (220) and in Wakad-Nashik Phata (99)
corridors. All these structures would be only partially affected and the remaining parts
structures would be viable for continued use. Of the total 319 structures affected in the
corridors, 110, 151, 58 are permanent, semi-permanent and temporary respectively. Of
the total 99 project affected structures in BRT I, Wakad to Nashik Phata, 69, 20 and 10
are permanent, semi-permanent and temporary respectively. In BRT II, Kalewadi to Dehu
Alandi Road, 41, 131 and 48 structures are permanent, semi-permanent and temporary
respectively.
Table No. 2.4 Type of Structure
BRT
RouteVillage
Structure TypeTotal
Permanent Semi-Permanent Temporary
TotalT
HNTH Total TH NTH Total TH NTH Total TH NTH
BRT 1
Wakad-
Wakad 9 8 1 6 4 2 7 5 2 22 17 5
Pimple 25 23 2 14 3 11 0 0 0 39 26 13
Nashik
Phata
Nilakh
Pimple
Gurav35 34 1 0 0 0 3 0 3 38 34 4
Total 69 65 4 20 7 13 10 5 5 99 77 22
BRT 2
Kalewadi
-Dehu
Road
Kalewadi 31 18 13 117 93 24 19 15 4 167 126 41
Pimpri-
MIDC8 8 0 0 0 0 0 0 0 8 8 0
Chikhali 2 2 0 14 9 5 29 13 16 45 24 21
Total 41 28 13 131 102 29 48 28 20 220 158 62
Grand Total 110 93 17 151 109 42 58 33 25 319* 235 84
Source: Census and Socio economic Survey, PCMC 2010
* 319 structures are occupied by 397 PAPs. However, legal status is to be verified
during Micro Planning.
Under the Maharashtra Regional Town Planning Act, sec 13 to 20 provisions for
Regional Plan, the land use has been demarcated and all the development is controlled
and monitored as per this Regional Plan. The last Regional Plan published2 in 1990 and
sanctioned3 in 1997 was widely disseminated and as per this Regional Plan, the ROW 45
mtrs was demarcated and any construction within the demarcated area is considered
illegal. Similarly, Sec 21 to 30 provisions for Development Plan4 is the area under the
jurisdiction of PCMC and PCNTDA5 (Pimpri-Chinchwad New Town Development
Authority). This DP was prepared in 1991 and sanctioned in 1995 was widely
disseminated. After the DP was prepared and sanctioned, there were many people who
build structures within the ROW (45 mtrs). Any construction within the ROW is
considered as illegal as per the DP. Hence, these structures will not be entitled for any
compensation. There are many structures within the ROW on both the corridors that were
2 Date of published RegionalPlanforPuneDistrict21.5.1990.3REGIONALPLANFORPUNEDISTRICT–NOTIFICATRIONNUMBERTPS1895/227/PN‐26/95/UD‐13(25/11/1997)
4 PCMC OLD AREA DP SANCTION NOTIFICATION NUMBER TPS/1893/1276/CR/174/93/UD‐13(18/09/1995)
5PCNTDANOTIFICATIONNUMBERTPS/1893/1412/UD‐13ON28THNOV19958DateofpublishedDraftDPforPCMColdlimit28.6.1991
not paid any compensation for the land is already acquired and in possession of PCMC.
However, these structures in both the corridors will be given a compensation for loss of
affected structural area estimated as per latest CSR of PWD without deducting the
depreciation value. (Entitlement Matrix, S.N. 2, Private Property entitlement and details.)
2.3.4 Loss of trees
There are a total of 1053 numbers of private trees, 805 in Kalewadi-KSB Chowk-Dehu
Alandi Road and 248 in Nashik Phata to Wakad Road. Details are given in Table
2.5.
Table 2.5: Details of Trees
Kalewadi-KSB Chowk-
Dehu Alandi Road
Nashik Phata
to WakadTotal
No. of
Trees
No. of
Structures
No. of
Trees
No. of
Structures
No. of
Trees
No. of
Structures
805 220 248 99 1053 319
Source: PCMC, 2010
2.3.5 Loss of Residence
There are total of 257 residential PAPs. Among them, 194 are titleholders and 52 are non-
titleholders. There are 11 PAPs whose either ownership or details are not known due to
either they are permanently closed, or too old and about to collapse. Hence, nobody is
staying there.
2.3.5 Loss of Business
There are 140 PAPs/households whose business will be affected from the loss of their
commercial structures partially in both the corridors. The different business activities in
the project area include but not limited to eatery, shop, garage, hotel, engineering, scarp
shop and others. It can be seen from the following table that of the total 140 commercial
establishments, 50 in number are different kinds of shops like Clothes, Cutlery etc. Most
of the business-holders have taken the shop on rental basis. Some of them are carrying
their business since last ten years. It became difficult to identify the title-holder and non-
titleholder in Rapid Socio-economic Survey. While preparing the Micro Plan, each shop
will be visited once again for detailed information regarding ownership of the land under
structure.
Table No. 2.6 Category of Business
BRT
Corridor Eatery Shop Garage Hotel Engineering
Scarp
Shop Other Total
BRT I 7 29 6 5 0 0 19 66
BRT II 5 21 2 3 5 25 13 74
Total 12 50 8 8 5 25 32 140
Source: Census and Socio economic Survey, PCMC 2010
2.3.6 Vulnerable households
The census survey revealed that there will be a total of 76 vulnerable households in both
the corridors. Vulnerable households are women headed households, Below Poverty
Households, Scheduled Caste. Details about the vulnerability are given in Table 2.7.
Table 2.7: Vulnerable Households
Scheduled
Caste
Below Poverty
Line
Women
Headed
Total
6 31 39 76
Source: Census and Socio economic Survey, PCMC 2010
2.3.7 Impact on the Community Resources
The project will be impacted upon three common property resources. It includes a well, a
school and a nursery is located on Wakad to Nashik Phata road. Among these, well is not
in use since 15 years. Earlier it was the source of water for the villagers. Now tap water is
available, hence it does not require relocation. As regard to school, nearly 25% of the
total area of the total structure will fall in BRT corridor. As this is the PCMC School,
PCMC has decided to extend the present structure on additional land available for this
purpose. As regard to Nursery, it is also of PCMC Garden Section. It has been decided to
shift on other suitable land.
Regarding religious structures, there are two main structures- a Church and a Ganesh
temple. For the Church, hon’ble High Court has given the clearance for removing the
structure of Church. PCMC is considering their demand for the land. After getting the
approval from State Government, land will be provided to the church for reconstruction.
This process has already been initiated in consultation with Town Planning and Building
Construction Department and Daises of Church with mutual understanding. As regard to
the Ganesh Temple, it will be relocated in the same locality with mutual understanding of
the concerned people. For other small roadside religious structures, they will be relocated
in the same locality in consultation with local people. Some of the structures are already
relocated by the local people themselves.
2.3.8 Temporary Impacts
Temporary impacts have not been identified now but during the construction phase the
contractor has to ensure that there is not any kind of inconvenience caused to the people.
The contractor has to identify the impacts and address them during the construction.
2.4 Relocation
Considering the resettlement impact and the scattered nature of impacts, relocation of
PAPs is foreseen. The best possible mitigation of these adverse impacts will be to assist
the PAPs in relocating themselves in the remaining land in various ways like providing
monetary assistances in the form of shifting allowance and transitional allowance, etc.
Households/PAPs who are identified for loss of business and these vendors to be given
priority in market zone as per the state Hawker’s policy which will help them in
continuity of business activity.
III
SOCIO ECONOMIC PROFILE
3.1 ProfileSocio economic details of the affected households were collected based on household
survey. In addition to the demographic and social data collected during census survey,
socio economic information was collected from PAPs through a structured socio-
economic questionnaire. Socioeconomic data consisting of basic socio economic
information such as social category, income level and BPL status was collected from the
PAPs located in both the corridors. Due to the proposed BRT about 397 PAPs have to
lose their property either residential or commercial.
To assess the nature and extent of the losses of the people, the survey was conducted on
the basis of various socio-economic indicators. The socio-economic data is classified into
two broad categories, i.e. a) Residential (n=257) and b) Commercial (n=140). The total
(n=397) units located in 319 structures. If there are multiple units in a structure, it is
considered separately. All the tables are presented in Annexure 3.1. Annex xxx will give
the list of PAPs with their socio economic profile and eligible entitlements.
3.1.1 Educational Level
According to Table No.3.1 , out of total PAPs, more than 1/3 have attained education
upto Secondary level, followed by ¼ of the PAPs are educated upto Primary level, 7% are
educated upto Graduation level and very less PAPs are Post-Graduate. 1/5 of the total
PAPs are totally illiterate. So, in overall it can be said that most of the PAPs from all the
villages are educated upto Secondary level.
Figure No. 3.1
Educational Level
10%
25%
40%
25%22.9%
25.7%
42.9%
5.7%2.9%
20.9%
28.1%
38.3%
8.2%
1%3.6%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Perc
enta
ge
Wakad Pimple Gurav Kalewadi
Village
IlliteratePrimarySecondaryGraduatePost-graduateNRSP
3.1.2 Occupation
It is seen from the Table No. 3.2 that, out of total PAPs more than 1/3 have Service as
their occupation, followed by 30% having Business and 27% have others occupation. The
other occupations also include Self Employment, Unemployed and Retired from Service.
Village wise, it is seen that, in Wakad the predominant occupation is Service, whereas in
Pimple Gurav, Service and Others are predominant occupation. In Kalewadi equal of 1/3
PAPs have either Service or Business as occupation.
Figure No. 3.2
Occupation of PAPs
40%
20%
15%
25%
45.7%
8.6%
45.7%
36.2%34.7%
25.5%
3.6%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Perc
enta
ge
Wakad Pimple Gurav Kalewadi
Village
ServiceBusinesOtherNRSP
3.1.3 Religion
According to the Table No.3.3, out of total respondents, ¾ of the total PAPs are Hindu by
religion followed by 10% are Muslim, 6% are Christian and 2% are Buddhist. No
variations have been observed in between the villages. The same proportion has been
observed in all the villages. So, in overall, it can be said that the whole area in both the
route of BRT, Hinduism is the predominant religion.
Figure No. 3.3
Religion of PAPs
74.7%
6.2% 2.3%
9.7%
HinduMuslimChristianBuddhist
3.1.4 Caste
The Table No. 3.4 describes the Caste distribution of the PAPs. It is seen that more than
half of the PAPs are of Open Category, followed by 17% are Other Backward Classes,
16% are Scheduled Caste and 2% Scheduled Tribe . No large variations have been
observed in between the villages. In overall, it can be said be that, the predominant caste
category in all the villages is Open. The Scheduled Caste category households are
considered vulnerable and there is a special provision in their entitlement for
compensation.
Figure No. 3.4
Caste Category of PAPs
57.2%
16.0%
2.3%
17.5%
OpenOBCSCST
3.1.5 Head of Family (Male/Female)
Table No. 3.5 describes the Head of family in the PAPs. It is seen that more than ¾ of the
project affected households are male headed and only 15% families are Female Headed.
The proportion of Female Headed families are highest in Kalewadi Village and equal
proportion, i.e.5% families in Wakad and Pimple Gurav are Female Headed. The female
headed families are considered vulnerable and have given special provisions in
entitlement.
Figure No. 3.5
Head of Family
5.0%
70.0%
25.0%
5.7%
94.3%
18.4%
78.1%
3.6%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Perc
enta
ge
Wakad Pimple Gurav Kalewadi
VillageMaleFemaleNRSP
3.1.6 Vulnerability
The vulnerability is defined in terms of Caste category of the PAPs and Head of the
Family. Caste categories other than Open and Female headed households are considered
Vulnerable. In Table No. 3.6, it is seen that 1/3 of the respondents are vulnerable who are
given special provision for compensation in entitlement matrix and 60% are non-
vulnerable. The highest proportion of vulnerable PAPs is observed in Kalewadi. So, in
overall, it can be said that 1/3 of the total PAPs will get special provision on
compensation due to vulnerability category.
Figure No. 3.6
Vulnerability of PAPs
15.0%
60.0%
22.9%
77.1%
38.8%
57.7%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Perc
enta
ge
Wakad Pimple Gurav KalewadiVillage Vulnerable
Non Vulnerable
3.1.7 Type of Family
According to the Table No. 3.7, it is seen that more than 2/3 of the total PAPs have
families Nuclear in nature and ¼ have Joint family. Same proportion is observed in all the
villages in terms of type of family. So, in overall it can be said that the scenario of all the
villages in both the routes of BRT are as same as national scenario, where all the joint
and extended families are gradually transforming into nuclear families.
Figure No. 3.7
Type of Family
60.0%
74.3%70.9%
15.0%
25.7% 25.5%25.0%
3.6%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Wakad Pimple Gurav KalewadiVillage
Perc
enta
ge
NuclearJointNRSP
3.1.8 Family Size
According to the Table No. 3.8, it is seen that, out of total PAPs 37% PAPs have 4-5
family members followed by 30% PAPs have 6-7 family members, 20% have more than
8 members and 5% have upto 3 members. So, in overall it can be said that the average
family size of the project affected area is more than the PCMC Average Family size and
also National Average Family Size, i.e. 4.66.
3.1.9 Number of Earners
According to Table No. 3.9, it is seen that, in every family, there are minimum one earner
and maximum 2 earners. Out of total PAPs, 82% have only one earner in the family and
the same member is looking after the whole family. In Pimple Gurav almost all the PAPs
have only an earning member. No large variations have been observed in other villages.
So, in overall, it can be said in conclusion that almost all the families are depended upon a
single earner of the family
3.1.10 Number of Dependents
In the Table No. 3.10, out of total PAPs, it is observed that 1/3 of the project affected
households have 6-7 persons dependent to 1 or 2 earners of the family, followed by equal
of almost ¼ of total households have either 4-5 dependents or more than 8 dependents.
There is a negligible portion of families where there are upto 3 dependents. While
comparing this with number of earners, it can be said that a single earner has average of 5
dependents behind to look after. This correlation is directly concerned with the economic
status of the project affected families.
3.1.11 Widows
According to Table No. 3.11, it is observed that, out of total project affected families,
hardly 6% families have widows in their family. The highest proportion of the widows is
observed in Pimple Gurav, i.e. 20%. No more variations have been observed in between
other villages. So, in overall, it can be said that there is a negligible proportion of families
having widows.
3.1.12 Disable Person
The Table No. 3.12 describes the status of disable of people in the project affected area.
Out of total households, only 3% families are found with person with disability. The
highest proportion of families with disability is observed in Pimple Gurav. So, in
conclusion, one can say that, there is negligible proportion of families with disability.
3.1.13 Enrolment of children
In Table No. 3.13 While the PAPs were asked about the school enrolment of their
children, almost 2/3 of the PAPs have given positive response that all of their children are
enrolled in School, whereas rest of the PAPs have responded either their children have
completed basic education, are drop out from the school or are not of school going age.
Very few PAPs have neglected education as part of their children’s life.
3.1.14 Annual Income
In the Table No. 3.14, it is seen that, out of total respondents, 70% PAPs have annual
income up to 40,000 followed by 15% PAPs have 40,000-60,000 monthly income. Very
few PAPs have more than 60000 as annual income. So, in overall, it can be said that
major proportion of the PAPs fall under the BPL Category.
Figure No.3.8
Annual Income of PAPs
5.4%2.3%
15.2%
7.0%
70.0%
Upto 4040 to 6060 to 8080 +NRSP
3.1.15 Secondary Occupation
In Table No. 3.15 Out of total PAPs ¼ have petty business as secondary occupation from
which they get income to support to the main income of the family. This business is nor
located in BRT but in some other parts of the city. Rest of others are not engaged in any
type of (small or big) businesses. No variations have been observed in between different
villages about engagement in any type of family business.
3.1.16 Indebtedness
An attempt is made to collect the information about loan taken by the family for various
purposes. Our keen interest was to see the housing loan or the loan taken for either
purchase of new house or renovation of the house. In Table No. 3.16 A , If the family has
equal income and expenditure or less income and more expenditure, to manage the daily
expenses, the family has to avail the loan and it is another aspect to measure the economic
status of the family. So, information is collected from respondents about the status of
loan, was found that only 8% PAPs have availed loan for one or the other purpose but not
exclusively for housing purpose. A point is to be mentioned here that most of the
respondents were not able to give the information on the issue as they are not aware about
loan.
In Table No. 3.16 B, while the PAPs were asked about the amount of loan, it is seen that
almost half of the PAPs who have availed loan were unaware of the amount of loan. The
reason behind unaware about loan amount either they have taken loan from multiple
sources for multiple reason. Almost 2% PAPs have availed loan more than 1 lac and 1%
has taken loan in between 50000 to 100000. While asked about the reason for availing
loan, it is seen from the above data that, more than half of the loan availed PAPs have
domestic reasons to avail the loan, followed by 2% PAPs who have taken loan for
marriage expenditure and 2% have housing loan as reason for loan (Table No. 3.16 C).
3.1.17 Participation of Women
Participation of women in various activities is very less in Indian Culture. Among PAPs
About 60% of women take active part in almost all the family matters and rest of them
take care in any of the matter shown in the Table No. 3.17.
3.1.18 Information about BRT
PCMC has already taken substantial efforts to propagate the proposed BRT, its impact
and losses caused due to BRT. Details are given in above Table No. 3.18. It shows 74%
of the families are aware about BRT.
3.1.19 Information about the notice served by PCMC about Evacuation
Table No. 3.19 shows that 84% of the respondents are aware about the losses due to BRT
corridor. PCMC has already served the notices to the proposed PAPs under Land
Acquisition Act of 1894. Table No. 3.20 shows, about 87% of the families have received
the notices from PCMC. Naturally, it is expected that these families will get sufficient
time to find their alternative arrangement if they are incurring 100% losses.
3.1.20 Option preferred by PAP for Resettlement/Rehabilitation
As regard to the expectations of PAP, (Table No. 3.20 A) 75% of the PAPs have
expresses they need house. Perhaps, they are expecting the replacement in size and type
of structure, whereas 13% are expecting land and 5% are expecting the compensation in
terms of Cash compensation. In this view, further probing question was asked about TDR,
FSI or Cash Compensation, it was found that 88% are expecting either TDR or FSI
whereas 5% expect compensation in terms of Cash. (Table No. 3.20 B)
Figure No. 3.9
Option preferred by PAPs
7.0%5.4%12.5%
75.1%HouseLandCompensationNRSP
3.1.21 Land under Residential Structure
Table No.3.21 shows total area of land owned by PAP. For the convenience of analysis,
the land area is classified into five categories. As shown in table, it indicates that 20% of
PAPs in all the villages have only upto 20 sq.m. area followed by 36% PAPs posses 20-
50 sq.m. area. About 31% of PAPs have 50-100sq.m. area under structure. Very less
proportion of PAPs have area more than 100 sq.m. Hardly 10% of PAPs have 100-200
sq.m. area under structure and only 1% of the PAPs have more than 200 sq.m. area under
structure. 3.5% of PAPs have not allowed the Land Survey as well as giving socio-
economic information.
Figure No. 3.10
Land under Structure
19.8%9.7% 0.4% 3.5%
35.8%30.7%
Upto 2020 to 5050 to 100100 to 200200 +NRSP
3.1.22 Loss of Area and Percent loss of the area of land of Residential Structures
Table No. 3.22 A provides the information about loss of area of land. It shows that about
23% of PAPs are losing land upto 20Sq.m, 38% are losing area upto 20-50 sq.m. 27% are
losing 50-100 sq.m and 9% are losing more than more than 100 sq.m. The percent loss of
area is given in Table 3.22 B. It shows that hardly 2% are losing upto 25% and 3% are
losing upto 50%. Equal proportions of PAPs are losing 50-75% area under structure.
Majority of PAPs, i.e. 88% of PAPs are losing 100% area under structure.
Figure No. 3.11
Loss of Area under Structure
8.6%
28.1%
10.0%
34.3%
41.3%
35.0%
42.9%
23.5%
10.0%
14.3%
7.1%
45.0%
0% 10% 20% 30% 40% 50%
Wak
adPi
mpl
e G
urav
Kal
ewad
iV
illag
e
Percentage
NRSP100 to 20050 to 10020 to 50Upto 20
Figure no. 3.12
Percent Loss of Area under Structure
5.7%
1.5%
5.7%
3.1%
2.9%
3.1%
16.7%
55.0%
85.7%
92.3%
83.3%
45.0%
0% 20% 40% 60% 80% 100%
Wak
adPi
mpl
e G
urav
Kal
ewad
iC
hikl
iPe
rcen
tage
Village
NRSP75 to 10050 to 7525 to 50Upto 25
3.2 Socio-economic information about Commercial Structures
As discussed earlier, all the PAP structures are classified into two main categories, i.e.
Residential and Commercial. In earlier part, details about the socio-economic data of
residential structures have given in detail. While the present section deals with the detail
information on commercial structures and tables are enclosed in Annexure 3.1 (Table No.
3.23 to 3.38).
3.2.1 Type, Ownership and Response of Commercial Structures
Table No. 3.23 shows the type of structure. 41% structures are Permanent structures,
whereas 29% are Semi-Permanent and 30% are temporary structures. Of them, 49% are
titleholders and 51% are non-titleholders (Table No. 3.24). The variations between
villages have been observed in proportion of titleholders and non-titleholders. 10% of
Commercial PAPs have refused to provide detail socio-economic information whereas
13% could not be collected due to Court cases and detail information is obtained from
76% of the PAPs (Table No. 3.25). A point is to be noted here that the small structures
which are purely temporary, located on public land are the squatters also considered in
commercial structures.
Figure No. 3.13
Type of Structure (Commercial)
69.8%
18.9%
11.3%15.4%
84.6%
0
33.3%33.3%
33.3%
100.0%
27.8%
72.2%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Perc
enta
ge
Wakad PimpleNilakh
Kalewadi MIDC Chikli
Village
PermanentSemi-permanentTemporary
Figure No. 3.14
Ownership of Structure (Commercial)
24.5%
75.5%83.3%
16.7%
100.0%
61.1%
38.9%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Perc
enta
ge
Wakad Kalewadi MIDC Chikli
Village
Title HolderCommercial
Non-titleHolderCommercial
3.2.2 Educational Background, Secondary Occupation and Religion
Table No. 3.26 indicates the educational background of the commercial structures. It was
found that majority of them are educated upto secondary level. Professional education is
considerable low, perhaps negligible. Almost all the commercial structures have business
as a source of their livelihood (Table No. 3.27). In some of the families, it was also
reported that a family member is engaged in service in private sector. As regard to the
religion of the owners of the commercial structures, it was found that 67% are Hindu, 9%
are Muslims and about 23% have not mentioned any specific religion, perhaps they have
rejected to give any information (Table No.3.28).
3.2.3 Caste, Type of Family, Size of Family and Number of Earners
Table No. 3.29 indicates Caste category of the structure owners. It was found that 64%
are Open, 9% are OBCs, 3% are SCs and 1% are ST. It was found that hardly 3% women
headed commercial structures are there, whereas 76% structures are male headed .Almost
all structures headed by females and owned by OBCs, SCs and STs are the vulnerable. It
was found that about 73% of the total structures are vulnerable commercial structures
(Table No. 3.30). Table No. 3.31 indicates 26% families of the commercial structures are
Nuclear and 46% are joint, whereas the size of family ranges between 4-7 persons (Table
No. 3.32). It was found that 21% of structure owners have 4-5 persons in the family and
50% have 6-7 persons in the family.
Figure No. 3.15
Caste Category (Commercial)
5.2%2.8%
21.6%
14.4%73.3% Open
OBCSCSTN.Appl
Figure No.3.16
Head of Family (Commercial)
75.7%
2.9%
21.4%
MaleFemaleN.Appl
Figure No. 3.17
Vulnerability of PAPs (Commercial)
5.7%
92.5%
1.9% 3.3%
83.3%
13.3%
100.0%
2.8%
58.3%
38.9%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Perc
enta
ge
Wakad Kalewadi MIDC Chikli
Village
VulnerableNon VulnerableN.Appl
3.2.4 Category of Business and Number of Employees in Commercial Activities
The nature of businesses is of various types. They are grouped into 7 main categories as
shown in Table No. 3.33. It shows that 9% businesses are the Snacks Centres or selling of
various edibles. 36% structures are different types of shops, whereas 6% are Garages or
repairing centres and 6% are small hotels. About 4% of total structures are engaged in
engineering activities. 18% of the structures are scrap centres. A point is to be mention
here that they do not have any permanent structures except temporary shelters for sitting
weighing the scrap. There are 20% other structures such as Vegetable shop, Clinics,
Small offices, Pata Sanstha, Nursery etc. As regard to the number of employees in
business, it was found that 1/3 commercial units have only a single person whereas 11%
have 2-3 persons and 36% structures engaged more than 4 persons (Table No. 3.34). This
clearly indicates that none of the single structures are having major employment potential
or large number of either skilled or unskilled labourers.
Figure No. 3.18
Category of Business
8.6%
5.7%5.7%3.6%
20.0%2.9%
17.9% 35.7%
EateryShopGarageHotelEngineeringScarp ShopOtherNRSP
Figure No. 3.19
Number of Earners in Family (Commercial)
20.8%13.2%
49.1%
17.0%
36.7%
23.3%
40.0%
100.0%
50.0%
2.8%
11.1%
36.1%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Perc
enta
ge
Wakad Kalewadi MIDC Chikli
Village
1 person
2 to 3personsMore than 4personsNRSP
3.2.5 Engagement of Family Members, Number of Dependents and Number of
Dependents in Commercial Activity
Table No. 3.35 shows engagement of family members in their own business. Apart from
the regular employees, some of the family members are also engaged in their own
business. It was found that 23% of the commercial structures, either one or two family
members are engaged in it followed by 21% structures have 3-4 family members are
engaged. In 12% commercial structures, more than 5 persons are engaged and 16% of
structures do not have any specific number of engagements of family members. The
number of members of the family who are dependent on business is shown in Table No.
50. 14% of the commercial structures have 2-3 dependents, whereas 56% have 4-5
dependents. Whatever the number of employees are working in Commercial structure,
information on dependents on employees are collected and given in Table No. 3.36. It
was found that in 14% of the employees, there are either 1-2 people’s dependent, whereas
41% of the employees have 3-4 people’s dependents in their family and 8% of employees
have more than 5 people’s dependents.
3.2.6 Area under Commercial Structure, Loss of Area and Percent Loss
The area under commercial structure is given in Table No. 3.37 A. It was found that 24%
structures have upto 20 sq.m area. A point is to be mention here that, this area includes
both the shop and the open space used for different purposes. 18% of the structures have
20-50 sq.m area whereas 21% have 50-100 sq.m area. There are 14% structures, which
are occupied more than 100 sq.m. 28% structures which have occupied more than 100
sq.m area. However, the loss area of each one of the structure is given in Table No.
3.37B. It shows that almost all structures are losing major portion of its structure.
However the quantification of the percent losses shows there are 5% structures losing
their 25 to 50% area whereas only 1% structure will lose 50-75% and almost 85%
structures are losing 75-100% area which is total loss of area (Table No. 3.38). To
summarize the results, it is to state that almost all structures are losing their entire area.
3.2.7 Alternative
In view of the compensation, they are entitled to get from PCMC further inquiry related
to own alternative/self relocation was carried out. It was found that 11% are willing to
start their new business, 26% have the plan to find out alternative shops and 63% of the
respondents were not able to give any specific explanation. While social screening was
done, it was found that most of the businesses are not registered in PCMC. Only 36% of
commercial titleholders have registered their commercial establishment with PCMC.
Therefore, only this group of the commercial establishments are entitled to get the
benefit. The income of the commercial PAP from present business varies from 5000-
20000+ per month depending upon the nature of business. It was found that 17% owners
get net income upto 5000 whereas 40% are getting about 5,000-20,000 income per month
and 20% of PAPs are getting more than 20000 income.
Figure No. 3.20
Monthly Income of the PAPs (Commercial)
17.1%
25.0%
14.3%
25.0%
18.6%
Upto 55 to 1010 to 2020 +N.Appl
IV
COMMUNITY PARTICIPATION,
CONSULTATION AND DISCLOSURE
4.1 Consultation Public participation and consultation are the major keys to any success in infrastructure
development. The sustainability of any infrastructure development depends on the
participatory planning in which public consultation plays major role. To ensure peoples’
participation in the planning phase of this project and to treat public consultation and
participation as a continuous two way process, numerous events were arranged at various
stages of project preparation i.e., detailed engineering project report, land acquisition.
Aiming at promotion of public understanding and fruitful solutions of developmental
problems such as local needs and problem and prospects of resettlement, various
stakeholders i.e., displaced persons, government officials, local community and elected
representatives of the people are consulted through focus group discussions, individual
interviews and formal consultations. The project will therefore ensure that the displaced
population and other stakeholders are informed, consulted, and allowed to participate
actively in the development process. This will be done throughout the project, both during
preparation, implementation, and monitoring of project results and impacts.
Public participation and community consultation has been taken up as an integral part of
social and environmental assessment process of the project. Consultation was used as a
tool to inform and educate stakeholders about the proposed action both before and after
the development decisions were made. It assisted in identification of the problems
associated with the project as well as the needs of the population likely to be impacted.
This participatory process helped in reducing the public resistance to change and enabled
the participation of the local people in the decision making process. Initial Public
consultation has been carried out in the project areas with the objectives of minimizing
probable adverse impacts of the project and to achieve speedy implementation of the
project through bringing in awareness among the community on the benefits of the
project.
4.1.1 Objective of the Consultation
The basic objective of consultation is to explore the measures for affected people in
project area with specific objectives as follows:
Disseminate information to the people about the project in terms of its activities
and scope of work; and understand the views and perceptions of the people
affected and local communities with reference to acquisition of land or loss of
property and its due compensation.
Assessment of road alignment
Understand views of affected people on LAR options and generate idea regarding
the expected demand of the affected people;
Identify and assess major economic and social information and characteristics of
the project area to enable effective social and resettlement planning and its
implementation.
Resolve issues related to impacts on community property and their relocation.
Examine PAPs’ opinions on health safety issues during the construction period on
garbage materials, waste materials and other pollution issues.
Identify levels and extent of community participation in project implementation
and monitoring.
Establish an understanding for identification of overall developmental goals and
benefits of the project.
Disseminate information to and develop a thorough coordination with different
government, non-government and public private sector stakeholder line agencies
ensuring their participation and mobilization of support in the process for the
successful planning and implementation of the project.
Assess the local people's willingness to get involved with the project; and
enumerate the measures to be taken during the implementation of the project.
4.1.2 Methods of Public Consultation
The following methodologies have been used for carrying out public consultations:
Walk-through informal group consultation along the road.
Focus group discussions with different groups of affected people including
women groups, farmers and slum dwellers (squatters).
In-depth individual interviews
Discussions and interviews with key informants
Different techniques of consultation with stakeholders were used during project
preparation, viz., in-depth interviews, public meetings, group discussions etc. To
understand the socio-economic profile of the displaced persons, questionnaires were
designed and information was collected from the affected persons on one-to-one basis.
Two major consultations were conducted in BRTS subproject area on 5 May, 2009 and
28 June 2010. The Minutes of the consultation meeting is presented in annexure 4.1
Focused Group Discussions (FGD) were conducted at rural as well urban areas such as
Kalewadi Village (10 May 2010), Chikhali village (15 September 2010). The numbers of
participants in the consultations were approximately 200, which include different
representatives from different echelon of the society. Consultations have also been carried
out with special emphasis on the vulnerable groups. The key informants included both
individuals and groups namely:
Heads and members of households likely to be affected.
Groups/clusters of APs.
Government agencies/departments other project stakeholders with special focus
on APs belonging to the vulnerable group.
4.2 Findings of the Community Consultations/FGDs The consultation process established for the project has employed a range of formal and
informal consultations at this stage. Community level discussions were held in different
areas by conducting various FGDs. The views of the people on social, environmental and
resettlement issues are always essential for suggesting the requisite mitigations. The
benefits of the project were explained in detail to them and solicited their views on
relocation of such properties from their present locations. In the process of public
consultation and meeting with a number of potential affected people, it is observed that
most of the people are concerned about their livelihood issues. Most of the people
welcome the project. The major findings of the consultations held at various locations are
summarized as follows.
According to the people at project area, most of the affected APs (based on the
feedback from land losers whose land has already acquired, it is noted that most of
them have already received the compensation) have already received the payments
for the land compensation and for the remaining people it will be paid soon.
Most of the people are aware of the project and are willing to render the support
whenever required.
People also suggested a proper compensation package to be granted who are
losing their properties.
The compensation should be based on the current market value.
People suggested that adequate safety measures should be provided for
uninterrupted social life.
They perceive positive impacts of the project.
People would like to receive regular updates on project.
People suggested for uninterrupted social life during the construction phase
Concerned Government departments should be friendly with them to solve any
issues arising out of the project.
People perceive certain benefits arising out of this such as better public transport,
quicker and easy connectivity, disciplined traffic and reduced accidents.
Request for better technology to reduce noise, dust and air pollution during the
construction phase.
4.3 Consultation with Government Officials Consultations have been carried out with officials of PCMC in order to incorporate their
feedbacks to the project planning. The office of the Land Acquisition Officer (LAO),
department of town planning was also consulted to know the process and status of land
acquisition. Various other concerned officials were also consulted to involve them in the
implementation of the proposed investment program.
4.4 Perceived Impact of BRT- PAPsThe impact of proposed BRT varies from business to business with different. The
commercial structures which have very small investment run by the family members and
have minimal level of earning. These commercial structures are more vulnerable. Most of
these structures have do not have any other source of income. Their perception about the
proposed impact of BRT has been analysed. It was found that 42% of the commercial
structure owners are going to wind up their business and starting some different source of
livelihood. 14% are of the opinion that they will lose the income, 5% opined that they will
not have any option and 14% expressed there will be no effect.
Figure No. 4.1
Impact of BRT (Commercial)
14.3%5.0%
42.1%25.0%
13.6%Wind upLoss of IncomeStarvationNo EffectUnable to specify
4.4.1 Alternative to Overcome Impact
The further probing question was asked about the alternative available with them to
overcome this problem. It was found that 37% of the respondents have another alternative
may be entering into some other business or shifting the business at another place. Equal
proportion of the structure owners have expressed they don’t have any other alternatives,
whereas 26% were unable to express any specific alternatives.
Figure No. 4.2
Own Alternatives (Commercial)
22.6%
5.7%
54.7%
17.0%
10.0%
53.3%
30.0%
6.7%
100.0%
2.8%
47.2%
13.9%
36.1%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Perc
enta
ge
Wakad Kalewadi MIDC Chikli
Village
New BusinessAlternative ShopNo EffectUnable to specify
4.4.2 Information about BRT among PAPs
PCMC has already taken substantial efforts to propagate the proposed BRT, its impact
and losses caused due to BRT. It shows 74% of the families are aware about BRT.
4.5 Continuation of Public Consultations Consultation will remain continued all through the project cycle. The effectiveness of
resettlement implementation is directly related to the degree of continuing involvement of
those affected by the project. Several additional rounds of consultations with PAPs will
be required during RAP implementation. Consultations during RAP implementation will
involve agreements on compensation, assistance options, and entitlement package and
income restoration. The other round of consultations will occur when compensation and
assistance are provided and actual resettlement begins. Information disclosure is pursued
for effective implementation and timely execution of the RAP. For the benefit of the
community in general and PAPs in particular, the RAP should be made available at
concerned offices of PCMC and revenue offices. The PCMC will provide information on
Resettlement policies and features of the RAP. For continued consultations, the following
steps are envisaged in the project:
The ESMD to be involved in implementation of the RAP will organize public
meetings and will apprise the communities about the progress in the
implementation of resettlement, social and environmental activities.
There will be Grievance Redress Committees (GRC). The PAPs will be associated
with such committee along with their representatives.
PCMC will organize public meetings to inform the community about the
compensation and assistance to be paid. Regular update of the progress of the
resettlement component of the project will be placed for public display at the
PMU offices.
All monitoring and evaluation reports of the resettlement components of the
project will be disclosed in the same manner as that of the RAP.
Key features of the entitlements will be displayed along the project corridor.
PCMC will conduct information dissemination sessions at major intersections and
solicit the help of the local community leaders to encourage the participation of
the PAPs in RAP implementation.
Attempts will be made to ensure that vulnerable groups understand the process
and to take their specific needs into account.
4.6 Disclosure of RAP To keep more transparency in planning and for further active involvement of PAPs and
other stakeholders, the project information will be disseminated through disclosure of
resettlement planning documents. A resettlement information leaflet containing
information on compensation, entitlement and resettlement management adopted for the
Project will be made available in local language(s) and distributed to PAPs. Each PAP
will be provided information regarding specific entitlements. The ESMD of PCMC will
keep the displaced people informed about the impacts, the compensation and assistances
proposed for them and facilitate addressing any grievances. The project summary
Resettlement Plan will be translated in to local language and disclosed to displaced
persons at local level. The copy of the Resettlement Plan will be available with PCMC
and will be available for the PAPs as and when asked for. A copy of the draft and final
RAP will be disclosed on World Bank and PCMC website.
Continuous dialogue will be established with PAPs. There suggestions will be considered
in rehabilitation process. Regular meetings of PAPs and local public representatives will
be held . If any difficulties or limitations arise, will be referred to Hon’ble Commissioner.
V
RESETTLEMENT POLICY, LEGAL FRAMEWORK AND
ENTITLEMENT
5.1 Policy FrameworkThe policy framework and entitlements for the Program are based on national laws: The
Land Acquisition Act, 1894 (LAA, amended in 1984) and The National Rehabilitation and
Resettlement Policy, 2007 (NRRP); The Maharashtra Project Affected Persons
Rehabilitation Act, 1999’ as modified up to 2006; World bank Policy on Involuntary
Resettlement, OP/BP 4.12 and ESMF of SUTP. The following section deals with these
policies with a comparison and subsequently deals with the entitlements and eligibility for
compensation and other resettlement entitlements.
5.1.1 Land Acquisition Act, 1894 amended 1984
The LAA provides a framework for facilitating land acquisition in India. LAA enables the
State Government to acquire private land for public purposes. LAA ensures that no
person is deprived of land except under LAA and entitles APs to a hearing before
acquisition. The main elements of LAA are:
Land identified for the purpose of a project is placed under Section 4 of the LAA.
This constitutes notification. Objections must be made within 50 days to the
District Collector (DC, the highest administrative officer of the concerned
District).
The land is then placed under Section 6 of the LAA. This is a declaration that the
Government intends to acquire the land. The DC is directed to take steps for the
acquisition, and the land is placed under Section 9. Interested parties are then
invited to state their interest in the land and the price. Under Section 11, the DC
will make an award within one year of the date of publication of the declarations.
Otherwise, the acquisition proceedings shall lapse.
In case of disagreement on the price awarded, within 6 weeks of the award, the
parties (under Section 18) can request the DC to refer the matter to the Courts to
make a final ruling on the amount of compensation.
Once the land has been placed under Section 4, no further sale or transfer is
allowed.
Compensation for land and improvements (such as houses, wells, trees, etc.) is
paid in cash by the project authorities to the State Government, which in turn
compensates landowners.
The price to be paid for the acquisition of agricultural land is based on sale prices
recorded in the District Registrar's office averaged over the three years preceding
notification under Section 4. The compensation is paid after the area is acquired,
with actual payment by the State taking about two or three years. An additional 30
percent is added to the award as well as an escalation of 12 percent per year from
the date of notification to the final placement under Section 9. For delayed
payments, after placement under Section 9, an additional 9 percent per annum is
paid for the first year and 15 percent for subsequent years.
5.1.2 The National Resettlement and Rehabilitation Policy (Ministry of Rural
Development, Department of Land Resources), 2007
The National Rehabilitation and Resettlement Policy, 2007 (NRRP, 2007) was adopted
by the Government of India on 31 October 2007 to address development-induced
resettlement issues. The NRRP stipulates the minimum facilities to be ensured for persons
displaced due to the acquisition of land for public purposes and to provide for the basic
minimum requirements. All projects leading to involuntary displacement of people must
address the rehabilitation and resettlement issues comprehensively. The State
Governments, Public Sector Undertakings or agencies, and other requiring bodies shall be
at liberty to put in place greater benefit levels than those prescribed in the NRRP. The
principles of this policy may also apply to the rehabilitation and resettlement of persons
involuntarily displaced permanently due to any other reason. The objectives of the Policy
are:
(i) To minimize displacement and to promote, as far as possible, non-displacing or Least-
displacing alternatives;
(ii) To ensure adequate rehabilitation package and expeditious implementation of the
rehabilitation process with the active participation of the affected families;
(iii) To ensure that special care is taken for protecting the rights of the weaker sections of
society, especially members of the Scheduled Castes and Scheduled Tribes, and to create
obligations on the State for their treatment with concern and sensitivity;
(iv) To provide a better standard of living, making concerted efforts for providing
sustainable income to the affected families;
(v) To integrate rehabilitation into development planning and implementation process;
and
(vi) Where displacement is on account of land acquisition, to facilitate harmonious
relationship between the requiring body and affected families through mutual
cooperation.
The NRRP is applicable for projects where over 400 families in the plains or 200 families
in hilly or tribal or Desert Development Program areas are displaced. However, the basic
principles can be applied to resettling and rehabilitating regardless of the number
affected. However, the provisions under the NRRP can also be followed for other projects
as a standard and best practice. Therefore, the relevant provisions of NRRP are applicable
to this project. NRRP’s provisions are intended to mitigate adverse impacts on Project
Affected Families. The NRRP comprehensively deals with all the issues and provides
wide range of eligibility to the affected persons and meets most of the requirement of
ADB’s Policy on Involuntary Resettlement (1995). The non title holders, under NRRP,
are recognized as people living in the affected area not less than three years after the
declaration of the area as affected. The NRRP addresses vulnerable families with
adequate entitlements and provides special provisions for Scheduled Castes and
Scheduled Tribes Families. The NRRP takes into account transparency as far as
consultation, dissemination of information, disclosure and grievance is concerned.
However, the law relating to the acquisition of privately owned immoveable property
remains the LAA.
5.1.3 The Maharashtra Project Affected Persons Rehabilitation Act, 1999 modified
in 2006
The Government of Maharashtra has adopted a policy on resentment and rehabilitation
through the MPAPRA. It applies to all irrigation projects which exceed 50 ha, or the area
of the benefited zone exceeds 200 ha. It also applies to industrial projects such as
industrial estate, atomic park, sanctuary, mines, etc. The responsibility to execute
MPARPA and rehabilitate project affected persons rests with the concerned department
of the government of Maharashtra through entering an agreement with the concerned
project authority or body. Where, in the opinion of the State Government, it is necessary
and expedient in the public interest to apply it to any other project, the State Government
may by notification in the Official Gazette, declare that it applies in relation to such
project as specified in the notification; and thereupon the provisions of this Act applies to
such project. It does not apply to projects falling under the jurisdiction of inter-State
projects; and rehabilitation work financed by the external agencies and countries.
The eligible persons under the policy are legal titleholders, and tenants who are in actual
possession of land under the Tenancy Law. Eligible agricultural laborers under the act are
those who do not possess any land but have been cultivating the land and earning
livelihood through manual labor not less than 5 years from the date of notification. The
major entitlements provided under the Act are: (i) land for land compensation subject to
the availability of sufficient land, (ii) civic amenities where in the State Government will
provide civic amenities in the prescribed scale and manner in the new area, (iii)
restoration of cultural and religious property or proper compensation and (iv)
employment schemes.
However, there are certain limitations of this Act in comparison with the NRRP and
World Bank policy including: (i) this Act does not have principles on minimizing
resettlement, (ii) it does not recognize non-titleholders other than agricultural laborers
who have worked on the land for 5 years, (iii) it does not require household surveys and
social impact assessment, it does not specify assistance and restoration programs for APs,
(v) it does not specify eligibility and cut-off-date, (iv) it does not recognize the loss of
business, incomes and employment; and other losses without displacement and (v) while
it describes market values, it may not always be equivalent to replacement value.
5.1.4 The Maharashtra Regional Town Planning Act, 1966
Section 126 of the MRTPA deals with acquisition of land required for public purposes as
specified in the plans: The details are as follows:
(1) When after the publication of a draft Regional Plan, a Development or any other
plan or town planning scheme, any land is required or reserved for any of the
public purposes specified in any plan or scheme under this Act at any time the
Planning Authority, Development Authority, or as the case may be, 1[any
Appropriate Authority may, except as otherwise provided in section 113A] 2
[acquire the land, (a) by agreement by paying an amount agreed to, or (b) in lieu
of any such amount, by granting the land-owner or the lessee, subject, however, to
the lessee paying the lessor or depositing with the planning authority,
Development Authority or Appropriate Authority, as the case may be, for
payment to the lessor, an amount equivalent to the value of the lessor’s interest to
be determined by any of the said Authorities concerned on the basis of the
principles laid down in the Land Acquisition Act, 1894, Floor Space Index (FSI)
or Transferable Development Rights (TDR) against the area of land surrendered
free of cost and free from all encumbrances, and also further additional Floor
Space Index or Transferable Development Rights against the development or
construction of the amenity on the surrendered land at his cost, as the Final
Development Control Regulations prepared in this behalf provide, or (c) by
making in application to the State Government for acquiring such land under the
Land Acquisition Act, 1894, and the land (together with the amenity, if any, so
developed or constructed) so acquired by agreement or by grant of Floor Space
Index or additional Floor Space Index or Transferable Development Rights under
this sections or under the Land Acquisition Act, 1894, as the case may be, shall
vest absolutely free from all encumbrances in the Planning Authority.
Development Authority, or as the case may be, any Appropriate Authority.]
(2) On receipt of such application, if the State Government is satisfied that the land
specified in the application is needed for the public purpose therein specified, or [if the
State Government (except in cases falling under section 49 [and except as provided in
section 113A)] itself is of opinion] that any land included in any such plan is needed for
any public purpose, it may make a declaration to that effect in the Official Gazette, in the
manner provided in section 6 of the Land Acquisition Act, 1894, in respect of the said
land. The declaration so published shall, notwithstanding anything contained in the said
Act, be deemed to be a declaration duly made under the said section: 3[Provided that,
subject to the provisions of sub-section
(4), no such declaration shall be made after the expiry of one year from the date of
publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme,
as the case may be.] (3) On publication of a declaration under the said section 6, the
Collector shall proceed to take order for the acquisition of the land under the said Act;
and the provisions of that Act shall apply to the acquisition of the said land, with the
modification that the market value of the land shall be,—
(i) Where the land is to be acquired for the purposes of a new town, the market value
prevailing on the date of publication of the notification constituting or declaring the
Development Authority for such town;
(ii) where the land is acquired for the purposes of a Special Planning Authority, the
market value prevailing on the date of publication of the notification of the area as an
undeveloped area; and
(iii) in any other case the market value on the date of publication of the interim
development plan, the draft development plan or the plan for the area or areas for
comprehensive development, whichever is earlier, or as the case may be, the date or
publication of the draft town planning scheme: Provided that, nothing in this sub-section
shall affect the date for the purpose of determining the market value of land in respect of
which proceedings for acquisition commenced before the commencement of the
Maharashtra Regional and Town Planning (Second Amendment) Act, 1972:
Provided further that, for the purpose of clause (it) of this sub-section, the market value in
respect of land included in any undeveloped area notified under sub-section (1) of section
40 prior to the commencement of the Maharashtra Regional and Town Planning (Second
Amendment) Act, 1972, shall be the market value prevailing on the date of such
commencement.]
As per section 126(1) of the MRTP Act of 1966 whenever land is required or reserved for
a public purpose specified in the plan, then the appropriate authority can acquire the land
either by an agreement or by making an application to the State Government for acquiring
the land under Land Acquisition Act, 1894. That means, as per sub-section (1) of section
126 of the MRTP Act, the appropriate authority can acquire the land by entering into an
agreement with the owner of the land or it may apply to the State Government for
acquisition of the land required under the Land Acquisition Act, 1894. It is important to
note that if the appropriate authority is unable to acquire the land under an agreement,
then, in that event, intention of the Legislature appears to be to allow the appropriate
authority to make use of the complete machinery already available under the Land
Acquisition Act, 1894. It is also pertinent to note that under the MRTP Act of 1966, if
there is a failure on the part of the appropriate authority to acquire the land by entering
into an agreement, then there is no machinery, whatsoever, provided for acquisition of
land required for any plan and, therefore, the Legislature intended to allow the
appropriate authority to make use of the provisions of the Land Acquisition Act, 1894 for
that purpose.
If one refers to sub-section (2) of section 126 of the MRTP Act of 1966, it will be seen
that the State Government has to be satisfied when an application is made under
subsection (1) of section 126 that the land is, in fact, needed for a public purpose and after
such a satisfaction is reached at by the State Government, then, in that event, the State
Government may make a declaration for acquiring the said land in the manner provided
under section 6 of Land Acquisition Act, 1894. This section further provides that such a
declaration, if made, shall be deemed to be the declaration duly made under the said
section. However, the Proviso to sub-section (2) of section 126, provides that if such
declaration under section 126(2) is not made within three years from the date of
publication of the draft regional plan or any other plan, then after the expiry of three years
no such publication can be made. As per sub-section (3) of section 126 of the MRTP Act,
1966, after publication of declaration under section 6 of Land Acquisition Act, 1894, the
Collector shall proceed to take order for acquisition of the land under the Land
Acquisition Act, 1894 and the provisions of Land Acquisition Act, 1894 shall apply to the
acquisition proceedings of such land with the modification in respect of the market value
of the land as per clauses (i), (ii) and (iii) of sub-section (3) of section 126 of the MRTP
Act, 1966. The first Proviso to subsection (3) of section 126 further makes it clear that
nothing in this sub-section shall affect the date for the purpose of determining the market
value in respect of the land where the proceedings for acquisition commenced under
Maharashtra Regional Town Planning (Second Amendment) Act, 1972. As per the
second Proviso to sub-section (3) of section 126, for the purpose of clause (ii) of sub-
section (3) of section 126, the market value in respect of the land included in any
undeveloped area notified under sub-section (1) of section 40 prior to the commencement
of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972, shall
be market value prevailing on the date of such commencement.
This sub-section (3) of section 126 of the MRTP Act makes it abundantly clear that after
publication under section 6, as envisaged under section 126 (2) of the MRTP Act, 1966,
the Collector has to take order for acquiring the land under Land Acquisition Act, 1894
only with the modification as provided in clauses (i), (ii) and (iii) of sub-section (3) of
section 126. That means as per sub-section (3) of section 126, in order to determine the
market, value, the provisions of the Land Acquisition Act, 1894 are to be applied, unless
there is a modification as provided in clauses (i), (ii) and (iii) of sub-section (3) of section
126. Therefore, one can safely draw an inference that for determining the market value,
the intention of the Legislature under the MRTP Act of 1966 is to apply the complete
machinery already available under the Land Acquisition Act, 1894, unless there is a
modification as provided in clauses (i), (ii) and (iii) of sub-section (3) of section 126 of
the MRTP Act. Proviso to sub-section (2) of section 126 of the MRTP Act, 1966 makes it
abundantly clear that the declaration to acquire the land under sub-section (2) shall be
made in three years. However, if such declaration is not made till the expiry of three
years, then, in that event, the Stage Government has to make a fresh declaration under
section 126(4) for acquiring the said land under Land Acquisition Act, 1894 as per sub-
sections (2) and (3) of section 126 of MRTP Act subject to the modification that the
market value of the land shall be the market value at the date of declaration in the Official
Gazette made for acquiring the land afresh. It is important to note that proviso to sub-
section (2) of section 126 of the MRTP Act of 1966 has prescribed the limitation for
acquiring the land and that period is three years from the date of the publication of the
draft regional plan etc. However, an opinion is also given to the State Government by
sub-section (4) of section 126 to issue a fresh declaration under section 126(4) for
acquiring the land under Land Acquisition Act, 1894 in the manner provided under sub-
sections (2) and (3) of section 126 of the MRTP Act, 1966, subject to the modification
that the market value which the claimant would be entitled to receive, shall be the market
value at the date of the fresh declaration issued under sub-section (4) of section 126 and
not as per the earlier publication of plants which expired after three years. This section
makes the aforesaid intention of the Legislature abundantly clear.
A detailed comparative analysis has been presented in Annexure 5.1. of above mentioned
policy and Acts with World Bank Policy to understand the gaps.
5.2 Principles and Policies adopted for this sub project The core involuntary resettlement principles for this sub-project are: (i) land acquisition,
and other involuntary resettlement impacts will be avoided or minimized exploring all
viable alternative sub-project designs; (ii) where unavoidable, time-bound resettlement
plan (RAP) will be prepared and PAPs will be assisted in improving or at least regaining
their pre-project standard of living; (iii) consultation with PAPs on compensation,
disclosure of resettlement information to PAPs, and participation of PAPs in planning and
implementing sub-projects will be ensured; (iv) vulnerable groups will be provided
special assistance (v) payment of compensation to PAPs including non-titled persons
(e.g., informal dwellers/squatters, and encroachers) for acquired assets at replacement
rates; (vi) payment of compensation and resettlement assistance prior to the construction
contractor taking physical acquisition of the land and prior to the commencement of any
construction activities; (vii) provision of income restoration and rehabilitation; and (viii)
establishment of appropriate grievance redress mechanisms.
5.3 Eligibility and Entitlements
PAPs entitled for compensation and rehabilitation are (i) PAPs losing land and other
assets with legal title/traditional land rights will be compensated, and PAPs will be
rehabilitated (ii) tenants; (iii) owners of buildings, crops, plants, or other objects attached
to the land; (iv) PAPs losing business, income, and salaries; (v) assistance to the non title
holders(squatters, etc). Compensation eligibility is limited by a cut-off date as set for the
Project on the day of the PAP census survey. It is on this date that all impacted persons
will be identified and the nature of the impact disclosed. PAPs who settle in the affected
areas after the cut-off date will not be eligible for compensation and/or other assistance.
They, however, will be given sufficient advance notice, requested to vacate premises and
dismantle affected structures prior to Project implementation. Their dismantled structures
will not be confiscated and they will not pay any fine or suffer any sanction.
1. Under the Maharashtra Regional Town Planning Act, sec 13 to 20 provisions for
Regional Plan, the land use has been demarcated and all the development is
controlled and monitored against this Regional Plan. The last Regional Plan
published in 1990 and sanctioned in 1997 was widely disseminated and as per this
Regional Plan, the ROW 45 mtrs was demarcated and any construction within the
demarcated area without the permission from any competent authority is
considered illegal. Sec 21 to 30 provisions for Development planis the area under
the jurisdiction of PCMC and PCNTDA (Pimpri-Chinchwad New Town
Development Authority). This DP was preparedin 1991 and sanctioned in 1995
was widely disseminated. After the DP was prepared and sanctioned, there were
many people who build structures within the ROW (45 mtrs). Any construction
within the ROW is considered as illegal as per the DP. Hence, the structures
falling constructed will not be entitled for any compensation. No structures were
built before 1990 on these corridors covered by census and therefore, not entitled
to compensation. PCMC did not pay any compensation for illegally built
structures and the practice is acceptable as it is fully in conformity with the
provisions of the LA Act 1894.
2. For land acquisition, generally the PCMC offers three options to the land owners.
These include:
Monetary (cash) compensation
Award of TDR in case of road and other areas reserved in the DP for specific
usages; and
Award of FSI in case of roads other than national highways.
5.3.1 Transferable Development Right (TDRs)
Owners of land reserved for public purposes in the DP are provided TDRs in the form of
additional FSI, in lieu of cash compensation, for use within the BRTS influence zone (100
m on either side of each BRTS corridor) within the PCMC. Such awards entitle the
owners of the land to utilize additional FSI in the form of Development Right Certificate
(DRC) which they may use for themselves or transfer (i.e. sell) to any other person.
PCMC also follows a TDR policy for appropriating land and other assets to be developed
as roads or public amenities. PCMC will allow use of the TDRs generated in other
existing zones within the PCMC limits in the BRTS influence zones along BRTS
corridors. This policy is expected to increase development density along the BRTS
corridors over time. However, developers will have to pay a premium for transferring the
TDRs to the new BRTS influence zones based on the higher property prices within these
new zones.
DRCs issued by the PCMC specify the FSI credits in square metres of the additional floor
space to which the owner or lessee is entitled to use in specific zones, in conjunction with
the use of TDRs. Accordingly, the Commissioner of PCMC issues a Development Right
Certificate (DRC) stating the additional FSI credit and this is based on the allowable FSI
on the area of land/ asset surrendered to the authority. TDRs are not allowed along
national highways.
There is no time limit during which a TDR must be used. It means some TDR owners can
withhold utilization/trading of their TDRs until the market prices are right for them to
trade. While this may be possible for some owners, by and large, people want to utilize
their TDRs as soon as possible. According to PCMC, generally, 70%-80% of TDRs
issued yearly have been utilized.
For the persons holding the TDRs, there are generally two options available to them:
Use the TDR for construction /remodeling of existing structure on his remaining
land within the BRTS influence zone and utilize the entitlements to the increased
FSI; or
Sell it to other person/developer at the prevalent market rates. The purchaser can
use the TDR either within the BRTS Influence Zone (to avail increased FSI
facility) or other areas within the PCMC limits but outside the BRTS Influence
zone (if he/she is not interested to avail increased FSI facility).
In case, the remaining land parcel is too small for development approval, the owner
would can sell it to others or look for land in outer zones that would enable him to buy a
larger land parcel.
The purchaser can use the TDR and at the same time be benefited with the increased FSI
from 1.0 to 1.8 within the BRTS influence zone. The purchasing/selling price of the TDR
would depend on the market conditions. In a buoyant real estate market, the land prices
may increase over time and person holding the TDR may get benefited by selling it to the
highest bidder. On the other hand, in a saturated market where TDRs are more than the
absorption capacity of the market, he may have to sell it at a lower price particularly if
he/she cannot withhold it until such time the land prices have improved.
The project will have impacts on land, residential and commercial structures and other
assets including the loss of businesses, incomes and employment. Based on the above
broad principles, the PAPs will be entitled to a combination of compensation measures
and resettlement assistance, depending on the nature of ownership rights of lost assets and
scope of the impact, including social and economic vulnerability of the PAPs. The details
of entitlement as against loss could be seen from the following entitlement matrix.
Table 5.1 Entitlement matrix
Category Type of Loss
Unit of Entitlemen
tEntitlemen
t Details
1 Private Property
Total loss of land and assets (non-agricultural &with or without PCMC permission for structure)
Household
Compensation at “replacement cost” or “actual market value”.
TDR in lieu of loss of land as per PCMC laws or compensation for land as per LA Act
Compensation for loss of affected structural area estimated as per latest CSR of PWD without deducting the depreciation value only to the legally permitted structures.
For losers of residential houses those who do not have any other residential unit within limit of the PCMC, shall be given preference to allot a house under PCMC housing scheme (Gharkul/EWS Scheme) at concessional cost
For losers of business units, those who do not have any other business/commercial unit within limit of the PCMC, shall be given preference in allotment of a shop/land at cost in commercial shopping centres developed by PCMC.
Stamp duty and other fees payable for registration shall be borne by the project as applicable if the purchase of alternate land is complete within one year from the date of acquisition.
Each eligible household shall get free transportation or 1000 as financial assistance for transportation/ shifting of building materials, belongings etc.
Two months’ notice shall be given for the removal of structures.
Right to salvage material from the structure.
2 Private Property
Partial loss of land and assets (non-agricultural & with or without PCMC permission for structure
Household
Compensation at “replacement cost” or “actual market value”.
Additional FSI/TDR for land lost as per PCMC laws or Compensation for land as per LA Act
Compensation for loss of affected structural area estimated as per latest CSR of PWD without deducting the depreciation value to the legally permitted structures.
Two months’ notice for the removal of affected structures.
Right to salvage material from the structure.
Category Type of Loss
Unit of Entitlemen
tEntitlemen
t Details
) 3 Private
PropertyAgricultural Land and Assets in green zones
Household
Compensation at “replacement cost” or “actual market value”.
TDR in lieu of loss of land as per PCMC laws or Compensation for land as per LA Act.
In case of partial acquisition of land or severance of agricultural, If the residual plot (s) is (are) not viable (i.e., less than 0.4 ha in the case of irrigated land and less than 1 ha in case of non-irrigated land), then an additional grant of 10% of the amount paid for land acquisition shall be given.
Stamp duty and other fees payable for registration shall be borne by the project as applicable if the purchase of alternate land is complete within one year from the date of acquisition.
Each Household shall get 1000 as financial assistance for transportation/ shifting of building materials, belongings etc.
Two months’ notice shall be given to salvage crops or value of the crop will be borne by the PCMC.
4 Livelihood losses for THs
Wage earning
Individual
Income Restoration
For shop/business owners 120 days of minimum wages as financial assistance for livelihood losses only for the title holders.
One family member of affected vulnerable household shall be provided necessary training facilities for development of entrepreneurship skills to take up self-employment projects as part of R&R benefits.
5 Non-Titleholders
Squatters
Household
Assistance/Rehabilitation
For losers of residential houses those who do not have any residential unit within PCMC limit, preference to allot a house under PCMC housing scheme (Gharkul Scheme) at cost
4000 as subsistence allowance for loss of income to the business/commercial eligible NTHs
Will be notified a time in which to remove their assets
Right to salvage materials from the demolished structure
6 Additional support
Housing Household
Assistance One time additional assistance of 5000 will be paid in addition to other eligible entitlements to the vulnerable
Category Type of Loss
Unit of Entitlemen
tEntitlemen
t Details
to vulnerable groups
groups as identified in Government of Maharashtra’s Housing policy
7 Shifting business
Mobile and ambulatory vendors
Household
Not eligible for compensation or assistance
Will be assisted as per Government of Maharashtra’s Hawkers Policy.
8 Community infrastructure, cohesion and amenities
Common property resources
Community
Conservation, protection, compensatory replacement
The common property resources and the community infrastructure shall be relocated in consultation with the community
9 Disruption
Temporary construction related impacts
Household
Assistance may be considered in special cases.
Access to be maintained and when disruption occurs, losses can be substantiated, “assistance” will be considered for business losses and crop/seed losses on a case to case basis.
10 Any other impact not yet identified, whether loss of asset or livelihood
Mitigation Unforeseen impacts shall be documented and mitigated based on the principles agreed upon in this policy framework.
VI
INCOME RESTORATION AND RELOCATION
6.1 Income RestorationPAPs engaged in various commercial activities ranges from petty shop keepers, owners of
small eateries, godowns, etc. The entitlement matrix proposed for the subproject has
adequate provisions for restoration of livelihood of the affected communities. The focus
of restoration of livelihoods is to ensure that the PAPs are able to at least regain their pre
project living standards. To restore and enhance the economic conditions of the PAPs,
various assistances are incorporated in the RAP. PCMC will play a proactive role to
mobilize PAPs to get some vocational skills training for the vulnerable groups and the
vendors losing their business and income. PCMC, under the Government social welfare
scheme such as SJRSY (Suvarna Jayanti Sharari Rojghar Yojana ) provides Vocational
training/skill training such as trainings for painters, carpentry, plumbing, electrician work
and so on for the BPL families. There are 76 vulnerable families identified in the two
corridors affected due to the project. Under the Income rehabilitation assistance these
project affected vulnerable families should be provided with such trainings. Women
headed households to be integrated into women welfare schemes. One of the family
members of those affected households to be identified for such trainings for restoration of
their livelihoods.
The proposed BRT has some of the people who have to lose their employment. Of them,
some will get employment opportunities in other establishment, as they are professional
or the educated people. Those who are unskilled and working as labourers in various
establishments they will be employed in construction sites. However, those who are
losing their income and are not possible to resettle at other places, following option will
be given to PCMC.
To provide other vocational training to diversify the income.
To establish the income sources at other places being constructed by PCMC
To provide financial support through nationalized banks for the business as
before.
To give the compensation to the persons who are eligible within the framework of
entitlement.
To accommodate the concern person in some other establishment.
The socio-economic survey was conducted to identify the quantum of affected population
and their background. The special training programme will be conducted with the help of
AIILSG which is actively working for Poverty Alleviation Programmes in Slums and
other localities. Department of Urban Community Development also conducts various
training programmes leading to income generation. Especially, the Women and Child
Welfare Department provides an opportunity to all concerned persons to undergo various
training programmes. This conducts the several vocational and technical training courses.
All these courses will be implemented to the beneficiaries of the proposed sites. In this
view, options will be given to them and accordingly training will be arranged. For this
purpose, help of local NGOs will be undertaken.
PCMC have already selected the training institutions of various trades under Urban
Community Development centres. There are more than 6 Institutions already imparting
training of more than 13 trades. The NGOs will be invited for these tasks. Based on the
demands of the stakeholders the NGOs will be asked to impart training. The existing
infrastructure of PCMC imparting training of different vocations will also be engaged in
this task. After training close monitoring and follow up will be undertaken with the help
of NGOs. Community based organizations will also be formed and help also be sought
from them to select appropriate training courses. Necessary assistance needed for small
entrepreneurs will be given such as licenses, permissions, assisting legal formalities and
strengthen linkages between financial organizations, considerations in PCMC taxes etc.
6.2 Income Restoration and Relocation of Commercial SquattersAs part of the State Hawkers policy which is to be effective soon, the relevant department
of PCMC has already started to survey the places for creating these market zones. Under
the provisions of these policy temporary business establishments, vendors and hawkers
etc. within the PCMC areas would be relocated in the specially designed hawker centers.
6.1.1 General terms and conditions and process for registration for Static hawkers -
Municipal Corporation/ Municipal Council shall publish public notice in the
newspaper.
In case of Municipal Corporation, applicant shall apply in a prescribed form to
Ward Hawker Committee for the registration of Static Hawker.
It shall be compulsory to attach a residence certificate stating that the applicant is
residing 15 years in Maharashtra state along with the application in order to
register as static hawker.
The applicant shall pay the fee decided by Municipal Corporation/ Municipal
Council at the time of registration. The applicant who belongs to the family
having name in the list of Below Poverty line need not pay the license fee. But,
he/she shall have to pay other fees.
Municipal Corporation / Municipal Council shall issue an Identity Card with
photograph to the licensed Static hawkers.
6.1.2 General Terms and Conditions for the regulation of Static Hawkers:
It shall be obligatory for the registered Static Hawker to attach the Identity Card
on his body so that it can be easily seen.
The licenses Static Hawker can mention name of one more person of his family,
who shall handle his business, when he is absent at his working place. If that
person breaks any term of registration, the licensed hawker shall be held
responsible and shall be liable for action.
The pitch allotted to the Static Hawker shall belong to the Municipal Corporation/
Municipal Council. The licensed person shall not have any right about it. The
licensed person shall not have any right to transfer this place in any manner.
The static hawker shall do the business in totally temporary manner and for fixed
time on the basis of daily rent. He shall keep his goods in the place allotted by
Municipal Corporation/Municipal Council.
Static Hawker shall be able to do his business by keeping goods in the Kiosk as
per design decided by Municipal Corporation/ Municipal Council in the temporary
Hawker zone announced by Municipal Corporation/ Municipal Council on the
footpath or, he could do business on a folding table put on the pitch drawn on the
ground belonging to Municipal Corporation/ Municipal Council. But, it shall be
obligatory to carry back the folding table and goods after the end of selling table.
Concerned commissioner/ Chief Officer shall have right to stop the use of pitch
place in case of special security reason by giving 24 hours notice.
Static hawkers would carry their business only in a particular span of time period
prescribed by Municipal Corporation/ Municipal Council. It shall be obligatory
for them to carry business with customers in proper manner and to behave
properly.
Static hawker will not have right to shout loudly, to touch the customer, to use
loud speaker and to use blinking and harsh lights in order to catch the attention of
the customer.
Static hawker will have only those goods to sell which are mentioned in the
registration letter.
License is allotted on the terms and conditions. If any of the terms and conditions
is broken, the license shall be cancelled. But, before cancellation, licensed person
shall be given notice so that he can state his points. The person, whose license is
cancelled, shall not be registered again.
If a static hawker becomes dead/ handicapped, he could sell his license but, his
license could be transferred to his nominee.
6.3 RelocationThose who are losing their residential land, PCMC has proposed to resettle them either in
Slum Rehabilitation Projects or in the housing projects being constructed for
economically weaker section and the PAPs who are losing their livelihood, PCMC will
resettle them in the proposed business centres to be constructed on the both sides of the
corridors. They will also be given the options in the prevailing business centres if their
present status is legal, authentic and genuinely they are losing their livelihood.
It is proposed to resettle this population in other housing projects, which are being
constructed for economically weaker section. The basic infrastructure will be provided
from these projects and for financial help, sustain efforts will be made for developing the
linkages between financial organizations.
VII
INSTITUTIONAL SET UP AND
GRIVANCE REDRESSAL MECHANISM
7.1 Institutional ArrangementThe implementation of RAP requires involvement of various institutions at different
stages of project cycle. This section deals with roles and responsibilities of various
institutions for a successful implementation of the RAP. The primary institutions to be
involved in the process are as follows:
Pimpri-Chinchwad Municipal Corporation (PCMC), Government of Maharashtra
Department of Town Planning, PCMC, Government of Maharashtra
Office of the District Commissioner (Special Land Acquisition Officer)
Slum Development and Rehabilitation Authority
ESMD
Implementation support NGO
7.1.1 Pimpri-Chinchwad Municipal Corporation (PCMC)
PCMC will be responsible for the overall coordination and implementation of the project
including the land acquisition and resettlement issues. PCMC will act as Executing and
Implementing Agency. The designated engineering department under the PCMC will be
responsible for project design and identification of project sites. The department will
assess the requirement of land acquisition and resettlement based on the engineering
design. PCMC will be responsible for coordinating with other concerned government
departments for land acquisition planning and implementation of RAP which will include
the disbursement of compensation, assistance, shifting and relocation of affected people.
An engineering department with designated officials is involved in the proposed World
Bank funded project components and the department is headed by city engineer. All the
technical input is governed under this department.
7.1.2 Department of Town Planning
The department of town planning is responsible for overall coordination between various
agencies involved in land acquisition such as SLAO, Commissionorate/Collectorate. The
department of town planning will be responsible for initiating the notice and issuing the
TDR/FSI to the affected land owners.
7.1.3 Office of the District Collector (Special Land Acquisition Officer)
The office of the district commissioner will be responsible for the land acquisition. The
collector will designate a Special Land Acquisition Officer (SLAO) who will be given the
charge of coordination between the PCMC and the affected land owners. PCMC will be
providing the technical details and the land acquisition plan to the SLAO. The SLAO will
be responsible for initiating the notice and issuing all the sections under the LA Act.
SLAO will be responsible for doing the valuation of affected land and assets and will
decide the replacement value. The disbursement of compensation for land and assets of
the legal owners will be done through the supervision of SLAO.
7.1.4 Department of Slum Rehabilitation
The department of Slum Rehabilitation is responsible for the Rehabilitation of slum
dwellers affected by the corridor. The Assistant Commissioner takes care of this
department.
According to the guidelines laid down by State Govt. and PCMC this department
provides different vocational trainings to the urban poor.
7.1.5 Environment and Social Management Division
It is noted that PCMC does not have a dedicated division for looking after the safeguards
activities. It is proposed that an Environment and Social Management Division (ESMD)
will be set up within the PCMC which will function in collaboration with other
engineering units. The ESMD will look into the planning and implementation of
environmental and social issues of the PCMC and specifically the World Bank project.
This will be staffed by a Resettlement Specialist and one Environment Specialist. For
project RAP, PCMC will do the overall coordination, preparation, planning,
implementation, and financing. The ESMD, as part of the PCMC, will work closely with
other staff of the PCMC and will be specifically looking after the safeguards issues. The
ESMD will assist the PCMC for getting all the necessary clearances and implementation
of the resettlement activities prior to start of any civil work. The resettlement specialists
to be selected are desired to have similar earlier experience in resettlement and social
development planning and implementation. Some of the specific functions of the ESMD
in regards to resettlement management will include the following:
Overall responsibility of planning, implementation and monitoring of R&R
activities in the Project;
Ensure availability of budget for R&R activities;
Liaison lined agencies support for land acquisition and implementation of land
acquisition and resettlement
Coordinating with line Departments, especially with the SLAO.
7.1.6 Implementation Support NGO
The NGO will be appointed for smooth functioning of rehabilitation process. That NGO
will keep the dialogue with Contractors, PAPs and PCMC especially; they will be in
touch with Land Revenue Department and the rehabilitation department of PCMC.
Preparation of Micro Planning, Assiting Municipal Officials for deciding Entitlement
Matrix, verifying the Land Record of PAPs with Land Record Department. Monitoring
the easy implementation of project like this, it will be responsible for all project related
activities.
7.2 Grievance Redress Committee Efficient Grievance redress mechanism will be developed to assist the PAPs resolve their
queries and complaints. Grievances of PAPs will be first brought to the attention of PIU.
Grievances not redressed by the PIU staff (field level) will be brought to the Grievance
Redress Committee (GRC). The composition of the proposed GRC will have
representatives from PAPs, PCMC, Environment and Social Management division
(ESMD), field staff, commissioner and Revenue Authority. The main responsibilities of
the GRC are to: (i) provide support to PAPs on problems arising from land/property
acquisition; (ii) record DP grievances, categorize, and prioritize grievances and resolve
them; (iii) immediately inform the ESMD of serious cases; and (iv) report to PAPs on
developments regarding their grievances and decisions of the GRC. Other than disputes
relating to ownership rights under the court of law, GRC will review grievances involving
all resettlement benefits, compensation, relocation, replacement cost and other assistance.
When any grievance is brought to the field level staff, it should be resolved within 15
days from the date of complaint. The GRC will meet every month (if grievances are
brought to the Committee), determine the merit of each grievance, and resolve grievances
within a month of receiving the complaint—failing which the grievance will be referred
to appropriate court of Law for redressal. Records will be kept of all grievances received
including: contact details of complainant, date the complaint was received, nature of
grievance, agreed corrective actions and the date these were effected, and final outcome.
The GRCs will continue to function during the life of the Project including the defects
liability period.
Figure 7.1: Grievance Redress Committee
PAP
Asst. Commissioner R&R Concerned Ward Officials
Land Record Department
Govt. Revenue Department
Rehabilitation Committee
Asst. Com.- Concerned WardDy. Director- Land RecordRepresentative PAPElected Representative Concerned WardNGO
Commissioner
Court of Law
R&R Implementation Organogram
VIII
MONITORING AND EVALUATION
8.1 Internal MonitoringRAP implementation will be monitored internally. The monitoring of the resettlement
issues will aim at providing the PCMC with an effective basis for assessing resettlement
progress and identifying potential difficulties and problems. Monitoring will be
undertaken by the PCMC with assistance from ESMD. Broadly, monitoring will include
but not limited to daily planning, implementation, feedback and trouble shooting,
individual PAPs file maintenance, progress reporting;
PCMC is required to implement safeguard measures and relevant safeguard plans, as
provided in the legal agreements, and to submit periodic monitoring reports on their
implementation performance. The World Bank will require PCMC:
To establish and maintain procedures to monitor the progress of implementation
of safeguard plans,
Verify the compliance with safeguard measures and their progress toward
intended outcomes,
follow up on these actions to ensure progress toward the desired outcomes, retain
qualified and experienced external expert to verify monitoring information for
projects with significant impacts and risks,
Bi-annual reports will be prepared and submitted to World Bank
Internal monitoring for RAP implementation will be carried out during the entire project
period. Regular monitoring of resettlement progress will identify potential difficulties and
problem areas. It is a continuous process The ESMD will undertake internal monitoring
and reports will be submitted to the PCMC documenting actual achievements against
targets fixed and identifying reasons for shortfalls, if any. The indicators for achievement
of objectives during RAP implementation are of two kinds such as (i) Process Indicators:
Indicating project inputs, expenditure, staff deployment, etc. and (ii) Output Indicators:
Indicating results in terms of numbers of PAPs compensated, restoration of livelihood,
rehabilitation of slum dwellers.
The monitoring will broadly include Input and output indicators related to physical
progress of the work such as:
Census, assets inventories, assessments and socio-economic studies completed
Grievance redress procedures in-place and functionality
Compensation payments disbursed
Relocation of PAPs completed
Infrastructure rehabilitated or constructed
Income restoration activities initiated.
Number of households displaced and resettled.
The above indicators will form the basis of the monitoring of RAP implementation. A key
objective will be to assess whether compensation has been paid as per the entitlement and
eligibility and to assess any difficulties arising during the disbursement of compensation.
If monitoring documentation done during the first 6 months of RP implementation
indicate that these objectives are not being achieved, more resources will be allocated for
implementation.
8.2 External MonitoringA PMC was appointed by the NPD, PMU for the project term. The project management
consultants would involve social expert to design, recommend and implement
resettlement activities as per the regulations of the World Bank, GEF and Government of
India.PMC expert is also to verify the PCMC's monitoring information. The PMC expert
will verify the monitoring information generated by the PCMC and will advise on
safeguard compliance issues. If they identify any significant involuntary resettlement
issues, the PCMC is required to prepare a corrective action plan to address such issues.
The PMC expert will document: (i) restoration of income levels; (ii) changes and shifts in
occupation patterns; (iii) changes in PAPs type of housing and asset ownership; (iv)
Performance of the ESMD in resettlement implementation. The expert will monitor the
project in each quarter in a year and submit reports to PMU. The PMU will submit all
reports to WB. The broad scope of the PMC expert is to:
Assess whether PAPs have improved living standards, in terms of income,
housing, ownership of land and material assets;
Monitor schedules and achievement of targets; and
Assess whether social development objectives of the project are achieved.
8.3 Reporting Requirements ESMD will be responsible for supervision and implementation of the RAP and will
prepare monthly progress reports on resettlement activities and submit to PCMC and
PMC. PCMC will submit quarterly reports to WB. The PMC l expert will be responsible
for overall monitoring of the project and will submit a semi-annual review directly to WB
through PMU 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.
8.4 RAP Evaluation A monitoring committee will be constituted by Commissioner consisting of Ward
Officials, R&R Commissioner, Representative of Land Record department and NGO
working for R&R. Regular meeting will be held to discuss the progress of the project.
Asst. Commissioner of R&R will be responsible for documentation and report writing.
There will be regular meeting.
Mid-term evaluation will be conducted after completion of fifty percent of the project
work by the NGO. The Entitlement Framework will be kept in view for assessing the
impact on PAP. Documentation is the continuous process carried out by NGO. After
completing the project End-term evaluation will be carried out in consultation with World
Bank officials.
IX
IMPLEMENTATION SCHEDULE
9.1 General The implementation schedule for resettlement plan will be scheduled as per the overall
project implementation. All activities related to the land acquisition and resettlement must
be planned to ensure that compensation is paid prior to displacement and commencement
of civil works. Public consultation, internal monitoring and grievance redress will be
undertaken intermittently throughout the project duration. However, the schedule is
subject to modification depending on the progress of the project activities. As part of
advance actions, PCMC will establish the ESMD, GRC, and initiate the resettlement
implementation. The proposed subproject R&R activities are divided in to three broad
categories based on the stages of work and process of implementation. The details of
activities involved in these three phases are project preparation phase and RP
implementation phase, Monitoring and Evaluation phase.
9.2 Project Preparatory Stage (Pre-Implementation Stage) Setting up relevant institutions for the resettlement activities will be the major task
during the preparatory stage which is pre implementation phase. The major activities to
be performed in this period include establishment of ESMD and additionally, the GRC
needs to be appointed at this stage.
9.3 RP Implementation Stage The RAP, at this stage, needs to be approved by WB and will be disclosed to the PAPs.
Upon the approval of RAP, all the arrangements for fixing the compensation and the
disbursement needs to 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. Considering the lengthy and time taking process for land acquisition, this step has
been taken by the PCMC in advance which is being followed as per the LAA Act.
However, the resettlement and rehabilitation fund will be monitored as part of the RAP
implementation at this stage.
Internal monitoring will be the responsibility of PCMC in general and ESMD in
particular which will start early during the project when implementation of RAP starts
and will continue till the completion of the implementation of RP. The PMC will be
responsible for carrying out the monitoring on half yearly basis.
9.4 Implementation Schedule A composite implementation schedule for R&R activities in the subproject including
various sub tasks and time line matching with civil work schedule is prepared and
presented in Table: 10.1.
Table 9.1: Implementation Schedule project R&R Component/Activities
2009 2010 20111 2 3 4 1 2 3 4 1 2
Jan Apr
Jul Oct Jan Apr
Jul Oct Jan Apr
Mar Jun Sep Dec
Mar Jun Sep Dec
Mar Jun
A. Project Preparation Phase (Pre-Implementation)
Identification of sub project and completion of detailed technical design
Identification of required land for acquisition
Census and Socio-Economic Survey Micro Plan Preparation ID Card Distribution Community Consultation Preparation of Draft Resettlement Action Plan
Submission of Draft RAP for PMC and WB Review
Submission of Revised RAP for WB Review/approval Disclosure of RAP Establishment of ESMD Establishment of GRC B. RAP Implementation Issue compensation to PAPs for land acquisition
Payment of all eligible assistance Schedule for Civil Work
C. Monitoring and Reporting Monitoring Submission of Monitoring Report
X
RESETTLEMENT BUDGET
10.1 IntroductionIn this section, the details about the compensation and assistance to be given by PCMC to
PAP are discussed. As regard to the compensation for houses, workshops or business
structure and open plot different strategies will be adopted case by case. While awarding
compensation, either in form of TDR, FSI, Monetary Compensation a separate case will
be prepared in consultation with Town Planning Building Construction Permission
Department and Revenue Department (Tax). Based on the legal status, type of structure,
% of losses, Compensation will be decided by PCMC. More detailed plan will be
prepared at micro level while implementing R&R policy.
For the total of 319 structures owners, they will have the open option to avail the benefits
of EWS Scheme. Under this scheme, about 13250 tenements will be constructed. Out of
them, about 4000 tenements are nearly ready. Out of 397 PAPs, 23 PAPs have already
taken the benefits preferential allotments of EWS Scheme. Some others are in the process
of filing their proposals to PCMC for the tenement. The list of persons who have already
applied for the benefits of EWS Scheme is given in Annexure 1.1.
For the commercial structures, top priority will be given to the proposed sites to PAP as
per the prevailing market rates. However, if the PAP losing their business will be resettled
in the proposed business centres as shown in development plan in various parts of the
city. Regarding religious and social structures, there are two main structures- one is the
Church and another is Ganesh temple. For the Church, Hon’ble High Court has given the
clearance for removing the structure of Church. PCMC is considering their demand for
the land. After getting the approval from State Government, land will be provided to the
church for reconstruction. This process has already been initiated in consultation with
Town Planning and Building Construction Department and Daises of Church with mutual
understanding. Therefore, the question of compensation does not arise.
As regard to the Ganesh Temple, it will be relocated in the same locality with mutual
understanding of the concerned people. For other small roadside religious structures, they
will be relocated in the same locality in consultation with local people. Some of the
structures are already relocated by the local people themselves. Hence, cost of
compensation does not arise for any of the structures, either religious or public properties.
10.2 Compensation and AssistanceThere are total of 319 structures in which 257 are residential PAPs and 140 Commercial
PAPs. (257 residential + 140 commercial = 397 PAPs in 319 structures). The legal status
of each structure was verified from concerned department. In the primary screening,
almost all structures are observed to be unauthorized construction on either reserved land.
Therefore, very few structures located in Pimpri-MIDC area. There are 8 structure which
are industrial units entitled to get compensation for structure. The MIDC has agreed to
give the substitute land for these structures.
As per the entitlement matrix, the PAPs who have the legal title and losing their land, two
options are offered by PCMC; TDR in lieu of loss of land as per PCMC law or the
compensation for land as per Land Acquisition Act. As structures are illegally
constructed, they are not entitled to get the compensation for structures. However, as
discussed above, they are entitled to get TDR and FSI. The detail of the estimated cost of
Land Acquisition is shown in following tables:
Table No. 10.1 Land Acquisition and Cost
S.NName of the
corridor
Land Acquired
in Ha
(in possession)
Total Land
Required in
Ha
Estimated cost of
Land Acquisition
( in crore)
1
Kalewadi-KSB
Chowk-Dehu
Alandi Road
12.02 25.18 35.69
2Nashik Phata to
Wakad17.59 29.61 55.70
Total 29.61 54.78 91.39
The project will be impacted upon 54.78 ha of land with a total estimated land acquisition
cost of 91.39 crore.
On the both BRT corridors, majority of the structures have been constructed without
taking permission from PCMC and some of them are also not the tax payers. The
entitlement matrix clearly spelled out the compensation for various categories of PAPs
based on this matrix. Details of the compensation proposed by PCMC is given in the
following table. As verification of the legality of the structures is in progress, there might
be some additional families who will be eligible to get the benefit. More details will be
calculated on the basis of submission of essential documents by PAPs. For this purpose,
PCMC is preparing Micro Plan for implementation of R & R Policy. Therefore, there will
be minor changes in the proposed figures.
It can be seen from Table 11.2, in addition to estimated Rs. 557 million of land
acquisition cost deposited in the office of the competent authority, PCMC has already
provided TDR/FSI of estimated Rs 585.26 million to the PAPs as per entitlement matrix.
This amounts works out to be 100% of estimated compensation amount as replacement
cost of land. This satisfies compliance of safeguard requirement of the project.
Table 10.2: Compensation/Replacement Assistance
S.
N
Name of the
corridor
Total Private
land in ha
Estimated
Land
Acquisition
cost,
deposited
with
competent
authority for
disbursement
as
compensation
TDR/FSI
already
Awarded as
replacement
assistance
in ha
TDS/FSI in
monetary gain
as
replacement
assistance of
land in
addition to
compensation*
1 Kalewadi-
KSB Chowk-
10.01 356.9 million 6.60 ha
(66003
262.03 million
Dehu Alandi
Road
sq.m)
2 Nashik Phata
to Wakad
10.42 557 million 13.78 ha
(137839
sq.m)
585.26 million
Total 20.43 (20430
sqm.)
913.9 million 20.38 ha 847.29 million
* In Kalewadi Phata to Dehu Alandi Road Corridor, the average Land Rate per sq. m is
3970.
* In Nashik Phata to Wakad Corridor, the average Land Rate per sq. m is 4246.67.
The Land Rate has been considered as per the rate declared by the competent authority to
calculate the compensation amount for disbursement of compensation.
Xxx include RAP implementation evaluation cost xxx
The awarded TDR/FSI as compensation/replacement assistance in ha 20.38 with a cost of
Rs. 847.29million.
Table No. 10.3
PAP Compensation Budget
S.N Type of Loss No. of PAPs Entitlement Amount(Rs
in Millions)
A Land Acquisition Cost 913.9
B Structure Cost for relocation of 8
MIDC industrial units
10.00
C Resettlement Assistance
Residential (Transportation Cost) 257 1000 0.257
Commercial Livelihood Loss (120
days minimum Wages for 140
PAPs)
140 150 2.52
Non-titleholders Squatters
(Subsistence Allowance)
19 4000 0.076
Additional Support to vulnerable
group
87 5000 0.435
Unidentified structure lump sum 1.8
(Commercial/ Residential from
which data could not be collected)
Livelihood Training etc6 8.0
Provision for unforeseen impact lump sum 1.00
Total 937.98
Implementation of R & R Policy is a gradual process, which requires the coordinated
efforts of various departments of PCMC. Apart from the compensation as mentioned in
Entitlement Matrix, PCMC is also taking the effort to mitigate the negative impact of the
losses of PAPs. Accordingly, PCMC has planned to undertake various programmes
related to employment generation and skill upgradation which will help to provide
sustainable source of livelihood. The Urban Poverty Alleviation and Livelihoods Cell of
PCMC has already been started various livelihood training programme in this regard, the
special efforts will be made for PAPs. In this view, following budgetary provision is
proposed and presented in foot note 6.
6Table No. 10.3 Budget for Mitigating Negative Impact
S.NDetails
Lump sum Amount in lacs
1. Livelihood mapping, Capacity Building and social inputs 102. Training Programmes for Weaker Sections 153. Social Inputs for Vulnerable Groups 104. Special Programmes for Women 155. Establishment of SHGs and Local Community-Based Organizations 56. Motivational Meetings and Awareness Generation 107. NGO Consultation Cost* 15
Total: (Approx.) 80 * This includes RAP Implementation Evaluation Cost
ANNEXURE 3.1SOCIO-ECONOMIC SURVEY OUTPUT TABLES
Table No. 3.1Distribution of PAP According to Education
Education
TotalIlliterate Primary Secondary GraduatePost-
graduate NRSPWakad 2 5 8 0 0 5 20
10.0% 25.0% 40.0% 0.0% 0.0% 25.0% 100.0%Pimple Gurav
8 9 15 2 1 0 3522.9% 25.7% 42.9% 5.7% 2.9% 0.0% 100.0%
Kalewadi 41 55 75 16 2 7 19620.9% 28.1% 38.3% 8.2% 1.0% 3.6% 100.0%
Chikhali 0 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 51 69 98 18 3 18 25719.8% 26.8% 38.1% 7.0% 1.2% 7.0% 100.0%
Table No. 3.2Distribution of PAP According to Occupation
OccupationTotalService Business Others NRSP
Wakad 8 4 3 5 2040.0% 20.0% 15.0% 25.0% 100.0%
Pimple Gurav
16 3 16 0 3545.7% 8.6% 45.7% 0.0% 100.0%
Kalewadi 71 68 50 7 19636.2% 34.7% 25.5% 3.6% 100.0%
Chikhali 0 0 0 6 60.0% 0.0% 0.0% 100.0% 100.0%
Total 95 75 69 18 25737.0% 29.2% 26.8% 7.0% 100.0%
Table No. 3.3
Distribution of PAP According to ReligionReligion
TotalHindu Muslim Christian Buddhist NRSPWakad 14 0 0 1 5 20
70.0% 0.0% 0.0% 5.0% 25.0% 100.0%Pimple Gurav
29 3 1 2 0 3582.9% 8.6% 2.9% 5.7% 0.0% 100.0%
Kalewadi 149 22 15 3 7 19676.0% 11.2% 7.7% 1.5% 3.6% 100.0%
Chikhali 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 192 25 16 6 18 25774.7% 9.7% 6.2% 2.3% 7.0% 100.0%
Table No. 3.4Distribution of PAP According to Caste Category
Caste CategoryTotalOpen OBC SC ST NRSP
Wakad 11 2 0 2 5 2055.0% 10.0% 0.0% 10.0% 25.0% 100.0%
Pimple Gurav
23 6 0 6 0 3565.7% 17.1% 0.0% 17.1% 0.0% 100.0%
Kalewadi 113 37 6 33 7 19657.7% 18.9% 3.1% 16.8% 3.6% 100.0%
Chikhali 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 147 45 6 41 18 25757.2% 17.5% 2.3% 16.0% 7.0% 100.0%
Table No. 3.5Distribution of PAP According to Head of Family
Head of FamilyTotalFemale Male NRSP
Wakad 1 14 5 205.0% 70.0% 25.0% 100.0%
Pimple Gurav
2 33 0 355.7% 94.3% 0.0% 100.0%
Kalewadi 36 153 7 19618.4% 78.1% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 39 200 18 25715.2% 77.8% 7.0% 100.0%
Table No. 3.6Distribution of PAP According to Vulnerability
VulnerabilityTotalVulnerable Non Vulnerable NRSP
Wakad 3 12 5 2015.0% 60.0% 25.0% 100.0%
Pimple Gurav
8 27 0 3522.9% 77.1% 0.0% 100.0%
Kalewadi 76 113 7 19638.8% 57.7% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 87 152 18 25733.9% 59.1% 7.0% 100.0%
Table No. 3.7Distribution of PAP According to Type of Family
Type of FamilyTotalNuclear Joint NRSP
Wakad 12 3 5 2060.0% 15.0% 25.0% 100.0%
Pimple Gurav
26 9 0 3574.3% 25.7% 0.0% 100.0%
Kalewadi 139 50 7 19670.9% 25.5% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 177 62 18 25768.9% 24.1% 7.0% 100.0%
Table No. 3.8Distribution of PAP According to Size of Family
Size of FamilyTotalUpto 3 4 to 5 6 to 7 8 + NRSP
Wakad 0 5 5 5 5 200.0% 25.0% 25.0% 25.0% 25.0% 100.0%
Pimple Gurav
0 9 12 13 1 350.0% 25.7% 34.3% 37.1% 2.9% 100.0%
Kalewadi 12 81 61 32 10 1966.1% 41.3% 31.1% 16.3% 5.1% 100.0%
Chikhali 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 12 95 78 50 22 2574.7% 37.0% 30.4% 19.5% 8.6% 100.0%
Table No. 3.9Distribution of PAP According to
Number of Earners in Family
Number of Earners in FamilyTotal1 person 2 NRSP
Wakad 13 2 5 2065.0% 10.0% 25.0% 100.0%
Pimple Gurav
34 0 1 3597.1% 0.0% 2.9% 100.0%
Kalewadi 164 17 15 19683.7% 8.7% 7.7% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 211 19 27 25782.1% 7.4% 10.5% 100.0%
Table No. 3.10Distribution of PAP According toNumber of Dependents in Family
Number of Dependents in Family
TotalUpto 3 persons
4 to 5 persons
6 to 7 persons
More than 8 person
s NRSPWakad 0 4 4 7 5 20
0.0% 20.0% 20.0% 35.0% 25.0% 100.0%Pimple Gurav
2 9 11 12 1 355.7% 25.7% 31.4% 34.3% 2.9% 100.0%
Kalewadi 8 48 73 41 26 1964.1% 24.5% 37.2% 20.9% 13.3% 100.0%
Chikhali 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 10 61 88 60 38 2573.9% 23.7% 34.2% 23.3% 14.8% 100.0%
Table No. 3.11Distribution of PAP According to Widows in Family
Widows in Family Total
Yes No NRSPWakad 1 14 5 20
5.0% 70.0% 25.0% 100.0%Pimple Gurav
7 28 0 3520.0% 80.0% 0.0% 100.0%
Kalewadi 9 180 7 1964.6% 91.8% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 17 222 18 2576.6% 86.4% 7.0% 100.0%
Table No. 3.12 Distribution of PAP According to Disabled in Family
Disabled in FamilyTotalYes No NRSP
Wakad 0 15 5 200.0% 75.0% 25.0% 100.0%
Pimple Gurav
3 32 0 358.6% 91.4% 0.0% 100.0%
Kalewadi 4 185 7 1962.0% 94.4% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 7 232 18 2572.7% 90.3% 7.0% 100.0%
Table No. 3.13Distribution of PAP According to School Enrolment
School Enrolment Total
Yes No NRSPWakad 12 3 5 20
60.0% 15.0% 25.0% 100.0%Pimple Gurav
31 4 0 3588.6% 11.4% 0.0% 100.0%
Kalewadi 133 56 7 19667.9% 28.6% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 176 63 18 25768.5% 24.5% 7.0% 100.0%
Table No. 3.14Distribution of PAP According to
Total Family Income (000)Total Family Income (000)
TotalUpto 40 40 to 60 60 to 80 80 + NRSPWakad 14 0 1 0 5 20
70.0% 0.0% 5.0% 0.0% 25.0% 100.0%Pimple Gurav
23 11 0 1 0 3565.7% 31.4% 0.0% 2.9% 0.0% 100.0%
Kalewadi 143 28 5 13 7 19673.0% 14.3% 2.6% 6.6% 3.6% 100.0%
Chikhali 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 180 39 6 14 18 25770.0% 15.2% 2.3% 5.4% 7.0% 100.0%
Table No. 3.15Distribution of PAP According to
Business of FamilyBusiness of Family Total
Yes No NRSPWakad 5 10 5 20
25.0% 50.0% 25.0% 100.0%Pimple Gurav
11 24 0 3531.4% 68.6% 0.0% 100.0%
Kalewadi 50 139 7 19625.5% 70.9% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 66 173 18 25725.7% 67.3% 7.0% 100.0%
Table No. 3.16 ADistribution of PAP According to Loan Availed
Loan AvailedTotalYes No NRSP
Wakad 2 13 5 2010.0% 65.0% 25.0% 100.0%
Pimple Gurav
8 27 0 3522.9% 77.1% 0.0% 100.0%
Kalewadi 11 178 7 1965.6% 90.8% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 21 218 18 2578.2% 84.8% 7.0% 100.0%
Table No. 3.16 BDistribution of PAP According to Amount of Loan ('000)
Amount of Loan ('000) Total
Upto 50 50 to 100 100 +Don’t Know
Not Applicabl
e NRSPWakad 0 1 0 0 13 6 20
0.0% 5.0% 0.0% 0.0% 65.0% 30.0% 100.0%Pimple Gurav
4 1 3 0 27 0 3511.4% 2.9% 8.6% 0.0% 77.1% 0.0% 100.0%
Kalewadi 1 1 2 7 178 7 1960.5% 0.5% 1.0% 3.6% 90.8% 3.6% 100.0%
Chikhali 0 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 5 3 5 7 218 19 2571.9% 1.2% 1.9% 2.7% 84.8% 7.4% 100.0%
Table No. 3.16 CDistribution of PAP According to Reasons for Loan
Reasons for Loan
TotalHousing Marriage DomesticNot
Applicable NRSPWakad 1 0 0 13 6 20
5.0% 0.0% 0.0% 65.0% 30.0% 100.0%Pimple Gurav
1 4 3 27 0 352.9% 11.4% 8.6% 77.1% 0.0% 100.0%
Kalewadi 3 2 6 178 7 1961.5% 1.0% 3.1% 90.8% 3.6% 100.0%
Chikhali 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 5 6 9 218 19 2571.9% 2.3% 3.5% 84.8% 7.4% 100.0%
Table No. 3.17Distribution of PAP According to
Participation of Women in Family Matters
Participation of Women in Family MattersTotalFinancial Educational Domestic All NRSP
Wakad 5 0 0 9 6 2025.0% 0.0% 0.0% 45.0% 30.0% 100.0%
Pimple Gurav
26 1 0 8 0 3574.3% 2.9% 0.0% 22.9% 0.0% 100.0%
Kalewadi 39 4 11 135 7 19619.9% 2.0% 5.6% 68.9% 3.6% 100.0%
Chikhali 0 0 0 0 6 60.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Total 70 5 11 152 19 25727.2% 1.9% 4.3% 59.2% 7.4% 100.0%
Table No. 3.18Distribution of PAP According to
Information about BRTInformation about BRT
TotalYes No NRSPWakad 13 1 6 20
65.0% 5.0% 30.0% 100.0%Pimple Gurav
18 17 0 3551.4% 48.6% 0.0% 100.0%
Kalewadi 158 31 7 19680.6% 15.8% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 189 49 19 25773.5% 19.1% 7.4% 100.0%
Table No. 3.19Distribution of PAP According to
Information about Loss resulting from BRTInformation about Loss resulting Total
from BRTYes No NRSP
Wakad 14 0 6 2070.0% 0.0% 30.0% 100.0%
Pimple Gurav
18 17 0 3551.4% 48.6% 0.0% 100.0%
Kalewadi 184 5 7 19693.9% 2.6% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 216 22 19 25784.0% 8.6% 7.4% 100.0%
Table No. 3.20 ADistribution of PAP According to Expectations of PAP
Expectations of PAP
TotalHouse Land Compensation NRSPWakad 7 5 3 5 20
35.0% 25.0% 15.0% 25.0% 100.0%Pimple Gurav
34 1 0 0 3597.1% 2.9% 0.0% 0.0% 100.0%
Kalewadi 152 26 11 7 19677.6% 13.3% 5.6% 3.6% 100.0%
Chikhali 0 0 0 6 6
0.0% 0.0% 0.0% 100.0% 100.0%
Total 193 32 14 18 25775.1% 12.5% 5.4% 7.0% 100.0%
Table No. 3.20 BDistribution of PAP According to Options for Compensating LossOptions for Compensating Loss Total
CompensationTDR /
FSI NRSPWakad 3 12 5 20
15.0% 60.0% 25.0% 100.0%Pimple Gurav
0 35 0 350.0% 100.0% 0.0% 100.0%
Kalewadi 11 178 7 1965.6% 90.8% 3.6% 100.0%
Chikhali 0 0 6 60.0% 0.0% 100.0% 100.0%
Total 14 225 18 2575.4% 87.5% 7.0% 100.0%
Table No. 3.21Distribution of PAP According to Total Area of Land
Total Area of Land
TotalUpto 20 20 to 50 50 to 100100 to
200 200 + NRSPWakad 0 2 7 2 0 9 20
0.0% 10.0% 35.0% 10.0% 0.0% 45.0% 100.0%Pimple Gurav
1 9 19 6 0 0 352.9% 25.7% 54.3% 17.1% 0.0% 0.0% 100.0%
Kalewadi 50 79 51 16 0 0 19625.5% 40.3% 26.0% 8.2% 0.0% 0.0% 100.0%
Chikhali 0 2 2 1 1 0 60.0% 33.3% 33.3% 16.7% 16.7% 0.0% 100.0%
Total 51 92 79 25 1 9 25719.8% 35.8% 30.7% 9.7% 0.4% 3.5% 100.0%
Table No. 3.22 ADistribution of PAP According to Loss of Area
Loss of Area Total
Upto 20 20 to 50 50 to 100100 to
200 NRSPWakad 0 2 7 2 9 20
0.0% 10.0% 35.0% 10.0% 45.0% 100.0%Pimple Gurav
3 12 15 5 0 358.6% 34.3% 42.9% 14.3% 0.0% 100.0%
Kalewadi 55 81 46 14 0 19628.1% 41.3% 23.5% 7.1% 0.0% 100.0%
Chikhali 0 2 2 2 0 60.0% 33.3% 33.3% 33.3% 0.0% 100.0%
Total 58 97 70 23 9 25722.6% 37.7% 27.2% 8.9% 3.5% 100.0%
Table No. 3.22 BDistribution of PAP According to Percent Loss of Land
Percent Loss of Land
TotalUpto 25 25 to 50 50 to 7575 to 100 NRSP
Wakad 0 0 0 11 9 200.0% 0.0% 0.0% 55.0% 45.0% 100.0%
Pimple Gurav
2 2 1 30 0 355.7% 5.7% 2.9% 85.7% 0.0% 100.0%
Kalewadi 3 6 6 181 0 1961.5% 3.1% 3.1% 92.3% 0.0% 100.0%
Chikhali 0 0 1 5 0 60.0% 0.0% 16.7% 83.3% 0.0% 100.0%
Total 5 8 8 227 9 2571.9% 3.1% 3.1% 88.3% 3.5% 100.0%
Table No. 3.23 Distribution of PAP (Commercial) according to Structure TypeBRT Village Structure Type Total
Route Permanent
Semi-Permanen
tTemporar
y
Nashik Phata- Wakad
Wakad37 10 6 53
69.8% 18.9% 11.3% 100.0%
Pimple Nilakh
2 11 0 13
15.4% 84.6% 0.0% 100.0%
Kalewadi-Dehu
Kalewadi10 10 10 30
33.3% 33.3% 33.3% 100.0%
MIDC8 0 0 8
100.0% 0.0% 0.0% 100.0%
Chikhali0 10 26 36
0.0% 27.8% 72.2% 100.0%
Total57 41 42 140
40.7% 29.3% 30.0% 100.0%
Table No. 3.24Distribution of PAP (Commercial) according to PAP Category
BRT Route Village
PAP Category
TotalTitle Holder Commercial
Non-title Holder
Commercial
Nashik Phata- Wakad
Wakad 13 40 5324.5% 75.5% 100.0%
Pimple Nilakh
0 13 130.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 25 5 3083.3% 16.7% 100.0%
MIDC 8 0 8100.0% 0.0% 100.0%
Chikhali 22 14 3661.1% 38.9% 100.0%
Total 68 72 14048.6% 51.4% 100.0%
Table No. 3.25 Distribution of PAP (Commercial) according to Remark
BRT Route Village
Remark
TotalCourt Case
No Remark
Rejected Response
Nashik Phata- Wakad
Wakad 5 46 2 539.4% 86.8% 3.8% 100.0%
Pimple Nilakh
13 0 0 13100.0% 0.0% 0.0% 100.0%
Kalewadi-Dehu
Kalewadi 0 30 0 300.0% 100.0% 0.0% 100.0%
MIDC 0 8 0 80.0% 100.0% 0.0% 100.0%
Chikhali 0 23 13 360.0% 63.9% 36.1% 100.0%
Total 18 107 15 14012.9% 76.4% 10.7% 100.0%
Table No. 3.26Distribution of PAP (Commercial) according to Education
BRT Route Village Education
TotalIlliterate Graduate Secondary
Nashik Phata- Wakad
Wakad 1 0 52 531.9% 0.0% 98.1% 100.0%
Pimple Nilakh
0 0 13 130.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 0 1 29 300.0% 3.3% 96.7% 100.0%
MIDC 0 0 8 80.0% 0.0% 100.0% 100.0%
Chikhali 0 0 36 360.0% 0.0% 100.0% 100.0%
Total 1 1 138 1400.7% 0.7% 98.6% 100.0%
Table No. 3.27 Distribution of PAP (Commercial) according to Occupation
BRT Route Village
Occupation
TotalBusines
s N.Appl
Nashik Phata- Wakad
Wakad 53 0 53100.0% 0.0% 100.0%
Pimple Nilakh
13 0 13100.0% 0.0% 100.0%
Kalewadi-Dehu
Kalewadi 29 1 3096.7% 3.3% 100.0%
MIDC 8 0 8100.0% 0.0% 100.0%
Chikhali 36 0 36100.0% 0.0% 100.0%
Total 139 1 14099.3% 0.7% 100.0%
Table No. 3.28 Distribution of PAP (Commercial) according to Religion
BRT Route Village
Religion
TotalHindu Muslim ChristianNon
specific
Nashik Phata- Wakad
Wakad 52 0 1 0 5398.1% 0.0% 1.9% 0.0% 100.0%
Pimple Nilakh
0 0 0 13 130.0% 0.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 23 3 0 4 3076.7% 10.0% 0.0% 13.3% 100.0%
MIDC 7 0 0 1 887.5% 0.0% 0.0% 12.5% 100.0%
Chikhali 12 10 0 14 3633.3% 27.8% 0.0% 38.9% 100.0%
Total 94 13 1 32 14067.1% 9.3% 0.7% 22.9% 100.0%
Table No. 3.29 Distribution of PAP (Commercial) according to Caste
BRT Route Village Caste
TotalOpen OBC SC ST NRSP
Nashik Phata- Wakad
Wakad 41 10 2 0 0 5377.4% 18.9% 3.8% 0.0% 0.0% 100.0%
Pimple Nilakh
0 0 0 0 13 130.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 21 3 2 0 4 3070.0% 10.0% 6.7% 0.0% 13.3% 100.0%
MIDC 7 0 0 0 1 887.5% 0.0% 0.0% 0.0% 12.5% 100.0%
Chikhali 21 0 0 1 14 3658.3% 0.0% 0.0% 2.8% 38.9% 100.0%
Total 90 13 4 1 32 14064.3% 9.3% 2.9% 0.7% 22.9% 100.0%
Table No. 3.30 Distribution of PAP (Commercial) according to Vulnerability
BRT Route Village
Vulnerability
TotalVulnerabl
e
Non Vulnerabl
e NRSP
Nashik Phata- Wakad
Wakad3 49 1 53
5.7% 92.5% 1.9% 100.0%
Pimple Nilakh
0 0 13 13
0.0% 0.0% 100.0%
100.0%
Kalewadi Kalewadi 1 25 4 30
-Dehu
3.3% 83.3% 13.3% 100.0%
MIDC0 8 0 8
0.0% 100.0% 0.0% 100.0%
Chikhali1 21 14 36
2.8% 58.3% 38.9% 100.0%
Total5 103 32 140
3.6% 73.6% 22.9% 100.0%
Table No. 3.31 Distribution of PAP (Commercial) according to Type of FamilyBRT Route Village Type of Family
TotalNuclear Joint N.Appl
Nashik Phata- Wakad
Wakad 23 21 9 5343.4% 39.6% 17.0% 100.0%
Pimple Nilakh
0 0 13 130.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 10 15 5 3033.3% 50.0% 16.7% 100.0%
MIDC 0 8 0 80.0% 100.0% 0.0% 100.0%
Chikhali 3 20 13 368.3% 55.6% 36.1% 100.0%
Total 36 64 40 14025.7% 45.7% 28.6% 100.0%
Table No. 3.32 Distribution of PAP (Commercial) according to Size of FamilyBRT Route Village Size of Family
Total4 to 5 6 to 7 NRSPNashik Wakad 21 23 9 53
Phata- Wakad
39.6% 43.4% 17.0% 100.0%Pimple Nilakh
0 0 13 130.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 7 18 5 3023.3% 60.0% 16.7% 100.0%
MIDC 0 8 0 80.0% 100.0% 0.0% 100.0%
Chikhali 3 20 13 368.3% 55.6% 36.1% 100.0%
Total 31 69 40 14022.1% 49.3% 28.6% 100.0%
Table No. 3.33 Distribution of PAP (Commercial) according to
Category of BusinessCategory of Business
Eatery Shop Garage HotelEngineerin
gScarp Shop Other NRSP
Wakad 5 24 6 4 0 0 10 49.4% 45.3% 11.3% 7.5% 0.0% 0.0% 18.9% 7.5%
Pimple Nilakh
2 5 0 1 0 0 5 015.4% 38.5% 0.0% 7.7% 0.0% 0.0% 38.5% 0.0%
Kalewadi 3 12 2 2 1 0 10 010.0% 40.0% 6.7% 6.7% 3.3% 0.0% 33.3% 0.0%
MIDC 0 5 0 0 2 0 1 00.0% 62.5% 0.0% 0.0% 25.0% 0.0% 12.5% 0.0%
Chikhali 2 4 0 1 2 25 2 05.6% 11.1% 0.0% 2.8% 5.6% 69.4% 5.6% 0.0%
Total 12 50 8 8 5 25 28 48.6% 35.7% 5.7% 5.7% 3.6% 17.9% 20.0% 2.9%
Table No. 3.34Distribution of PAP (Commercial) according to
Total Number of Employees in BusinessBRT Village Total Number of Employees in Business Total
Route 1 person
2 to 3 persons
More than 4
persons NRSP
Nashik Phata- Wakad
Wakad 11 7 26 9 5320.8% 13.2% 49.1% 17.0% 100.0%
Pimple Nilakh
0 0 0 13 130.0% 0.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 11 7 12 0 3036.7% 23.3% 40.0% 0.0% 100.0%
MIDC 0 0 8 0 80.0% 0.0% 100.0% 0.0% 100.0%
Chikhali 18 1 4 13 3650.0% 2.8% 11.1% 36.1% 100.0%
Total 40 15 50 35 14028.6% 10.7% 35.7% 25.0% 100.0%
Table No. 3.35 Distribution of PAP (Commercial) according to
Number of Family Members Participating in Business
BRT Route Village
Number of Family Members Participating in Business
Total1 to 2 3 to 4 5 + 4 NRSP
Nashik Phata- Wakad
Wakad 22 21 1 0 9 5341.5% 39.6% 1.9% 0.0% 17.0% 100.0%
Pimple Nilakh
0 0 0 0 13 130.0% 0.0% 0.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 7 6 7 5 5 3023.3% 20.0% 23.3% 16.7% 16.7% 100.0%
MIDC 0 0 8 0 0 80.0% 0.0% 100.0% 0.0% 0.0% 100.0%
Chikhali 3 2 1 17 13 368.3% 5.6% 2.8% 47.2% 36.1% 100.0%
Total 32 29 17 22 40 14022.9% 20.7% 12.1% 15.7% 28.6% 100.0%
Table No. 3.36 Distribution of PAP (Commercial) according to
Family DependentsBRT Village Family Dependents Total
Route 2 to 3 persons
4 to 5 persons
6 to 7 persons NRSP
Nashik Phata- Wakad
Wakad 18 24 1 10 5334.0% 45.3% 1.9% 18.9% 100.0%
Pimple Nilakh
0 0 0 13 130.0% 0.0% 0.0% 100.0% 100.0%
Kalewadi-Dehu
Kalewadi 1 24 0 5 303.3% 80.0% 0.0% 16.7% 100.0%
MIDC 0 8 0 0 80.0% 100.0% 0.0% 0.0% 100.0%
Chikhali 0 23 0 13 360.0% 63.9% 0.0% 36.1% 100.0%
Total 19 79 1 41 14013.6% 56.4% 0.7% 29.3% 100.0%
ANNEXURE 4.1PUBLIC CONSULTATION DETAILS DATED 05.05.09
Public Consultation Details Dated 28.06.2010
ANNEXURE 5.1COMPARISON MATRIX OF WORLD BANK INVOLUNTARY RESETTLEMENT POLICY AND NATIONAL AND STATE
POLICIES
S.N
WB’s Involuntary Resettlement Policy
Principles
Land Acquisition Act (LAA), 1894
National Rehabilitation and Resettlement Policy(NRRP), 2007
The Maharashtra Project Affected
Persons Rehabilitation
Act(MPAPRA), 2001
The Maharashtra Regional and Town
Planning Act (MRTPA), 1966 Remarks
1 Involuntary resettlement should be avoided where feasible
LAA is applicable wherever private land is to be acquired by Government for public purpose
This principle is equally emphasized under NRRP 2007
The MPAPRA does not address this issues
The MRTPA does not address this issues
NRRP 2007 meets ADB IR Policy requirements
2 Where population displacement is unavoidable, it should be minimized by exploring all viable project options
LAA does not address this component.
NRRP 2007 aims to minimize displacement and to promote, as far as possible, non-displacing or least-displacing alternatives (refer Para 2.1a)
The MPAPRA does not address this issues
The MRTPA does not address this issues
NRRP 2007 meets ADB IR Policy requirements
3 Affected individuals, families or a community will be compensated and assisted through replacement of lost assets, so that their economic and social circumstances will
Replacement value is not clearly identified in LAA.
Loss of assets to be compensated to the extent of actual loss (refer Para 7.2 and Para 7.4.1)
The MPAPRA provides only the compensation to the titleholders and does not deal with any assistance. The compensation is paid as per the current market rate of the
The MRTPA provides only the compensation to the titleholders and does not deal with any assistance. The compensation is paid as per the current market rate of the land/assets.
NRRP 2007 meets ADB IR Policy.
be at least restored to the pre-project level
land/assets.
4 All compensation should be based on the principle of replacement cost
Replacement value is not clearly identified in LAA.
The compensation award shall take into account the market value of the property being acquired (refer Para 6.22b)
The Maharashtra Policy does not exactly talk about the replacement value rather it talks about the current market rate which is almost close to the replacement value
The MRTPA is concerned with the market value which is valid during the time of notification.
NRRP 2007 meets ADB IR Policy requirements.
5 Each involuntary resettlement is conceived and executed as part of the development project or program
LAA only deals with the land acquisition and does not cover the resettlement issues.
NRRP 2007 emphasizes to integrate rehabilitation concerns into the development planning and implementation process (refer Para 2.1e)
Not defined clearly The MRTPA does not deal with this issue clearly.
NRRP 2007 meets ADB IR Policy requirements
6 Affected people are to be consulted on compensation and/or resettlement options, including relocation sites, and socio-economic rehabilitation
LAA does not address this component
NRRP 2007 ensure adequate rehabilitation package and expeditious implementation of the rehabilitation process with the consultation and active participation of the affected families (refer Para 2.1b )
No provision is made under this policy
This is not clearly defined under MRTPA. However, MRTPA deals with the direct negotiation of the people for acquisition of land if the owner is ready to go for direct negotiation.
NRRP 2007 meets ADB IR Policy requirements
7 All displaced families should be assisted for relocation by
LAA does not address this component
In all cases of involuntary resettlement all affected families shall be provided basic infrastructural facilities and amenities at the resettlement site (refer
This provision is made under the MPAPRA
MRTPA considers this provision through by taking in to account Floor Space Index
NRRP 2007 meets ADB IR Policy requirements
providing relocation sites with appropriate facilities and services
Para 7.22.1 and Para 7.22.2) (FSI) or Transferable Development Rights (TDR)
8 Pertinent resettlement information is to be disclosed to the affected people at key points, and specific opportunities provided for them to participate in choosing, planning, and implementation options
LAA does not address the disclosure of resettlement documents. The disclosure under LAA is meant for the notification under section 4 of LAA.
NRRP 2007 ensure this principle (refer point 6 above) also refer Para 6.14.1, Para 6.14.3)
No provision is made under this policy
No provision is made under MRTPA
NRRP 2007 meets ADB IR Policy requirements
9 Grievance redress mechanisms for affected people are to be established
There is no such grievance redress committee formed under the LAA.
Project involving involuntary resettlement needs to have Grievance redress mechanisms for affected people (refer Para 8.1.1 and Para 8.3.4)
The grievance redress mechanism under this policy is as per the LAA and it does not have any specific committee for that.
The grievance redress mechanism under MRPTA is as per the LAA and it does not have any specific committee for that.
NRRP 2007 meets ADB IR Policy requirements
10 Social and cultural institutions of the affected people, and, where relevant, of their hosts, are to be protected and supported
LAA does not address this component
This is emphasized in the policy (refer Para 6.10, Para 7.21.6)
Adequate relocation provisions have been made in the policy which complies with other policies too.
This item is not so clearly defined under MRPTA.
NRRP 2007 meets ADB IR Policy requirements
11 The absence of a formal legal title to land is not a bar to ADB policy entitlements
LAA does not recognize the non-title holders
NRRP 2007 fully recognizes the non-titleholder families and ensure R&R benefits (refer Para 3.1.b.iii)
The Maharashtra Policy does not provide any entitlements to the non title holders and does not even recognise them.
The MRPTA does not deal with non-titleholders/illegal possessors.
NRRP 2007 meets ADB IR Policy requirements.
12 The resettlement planning documents will, in each case, define the poorest and vulnerable groups
LAA does not address this component
NRRP 2007 equally emphasized the need to identify the vulnerable people in R&R plan (refer Par 6.4.v)
This is not specified in the policy
The MRTPA does not deal with this aspect.
NRRP 2007 meets ADB IR Policy requirements
13 When significant indigenous peoples or ethnic minority issues are identified special attention will be paid to exploring viable alternative designs that will reduce or eliminate such impacts
LAA does not address this component
This is equally emphasized in the NRRP 2007
This is not specified in the policy
This is not specified in MRTPA
NRRP 2007 meets ADB IR Policy requirements
14 In case of significant impacts of IP, an Indigenous Peoples Development Plan may be required in addition to a resettlement plan.
LAA does not address this component
where the Scheduled Tribes people are being displaced in sizeable numbers, a well thought out Tribal Development Plan must be put in place (refer Par 1.5)
This is not specified in the policy
This is not specified in MRTPA
NRRP 2007 meets ADB IR Policy requirements
15 The full resettlement costs are to be included in the presentation of project costs and benefits
LAA does not address this component
NRRP 2007 ensure that the entire estimated cost of rehabilitation and resettlement benefits and other expenditure for rehabilitation and resettlement of the affected families is communicated to the requiring body for incorporation in the project cost (refer Para 6.16)
This has been one of the components under the policy and it takes the resettlement cost as part of the overall project cost.
This is not clearly defined.
NRRP 2007 meets ADB IR Policy requirements
16 For all development interventions that involve Involuntary Resettlement, a satisfactory and detailed resettlement plan will be prepared by the government or sponsor
LAA does not address this component
NRRP-2007 emphasized the need to prepare R&R Plan (refer Para 3.1.t and Para 5.1)
This is not specified in the policy
This is not specified in MRTPA
NRRP 2007 meets ADB IR Policy requirements
17 Resettlement plans will be prepared with appropriate time bound actions and budgets.
LAA does not address this component
NRRP 2007 ensure preparation of resettlement planning document (refer Para 5.1, Para 6.14.2 and Para 7.22.2)
This is not specified in the policy
This is not specified in MRTPA
NRRP 2007 meets ADB IR Policy requirements
18 Social preparation and payment of compensation should
LAA does not address this component
Full payment of compensation as well as adequate
This provision complies with other polices.
This is not clearly defined under MRTPA
NRRP 2007 meets ADB IR Policy requirements
precede actual displacement.
progress in resettlement shall be ensured in advance of the actual displacement of the affected families (refer Para 6.22.a)
ANNEXURE 10.1LIST OF THE PAPS WHO HAVE TAKEN THE BENEFITS OF EWS SCHEME
S.N Name Village1. Parshuram Mahadev Sutar Kalewadi2. Kundalik Vaman Sonawane Kalewadi
3. Yusuf Khan Hasanraj Pathan Pimple Nilakh
4. Vijay Kumar Tryambakrao Munde Kalewadi5. Usman Dilawarsab Attar Kalewadi6. Suresh Sakharam Shirsath Kalewadi7. Bhagwan Lobhaji More Kalewadi
8. Omprakash Samvadan Vishwakarma Kalewadi
9. Kashinath Mahadev Chikhale Chikhali10. Vimal Maruti Balghare Chikhali11. Pandurang Saudakar Pawar Pimple Gurav12. Suresh Babulal Chintankar Pimple Gurav13. Vinod Haridas Gandhi Pimple Gurav14. Tulshiram Digambar Jagdale Pimple Gurav15. Suresh Bhimrao Patil Kalewadi16. Sanjay Ramchandra Gavali Pimple Gurav17. Chandrakant Pitambar Lawane Pimple Gurav18. Laxman Dhondiba Pawar Pimple Gurav19. Popat Dnyaneshwor Jagtap Pimple Gurav20. Ujjwala Rajendra Taware Pimple Gurav21. Ashok Nathu Jade Pimple Gurav22. Giridhar Digambar Jagdale Pimple Gurav23. Suresh Dagdu Chille Pimple Gurav