Resettlement Plan

FINAL October 2012

PAK: Sindh Cities Improvement Investment Program Tranche 2

Prepared by RCC Consultants for the Government of Sindh and Asian Development Bank.

Resettlement Planning Document

Updated Land Acquisition and Resettlement Plan for the

Shikarpur Sanitary Landfill

October-2012

PAK: Sindh Cities Improvement Investment Program

PREPARED BY

RCC CONSULTANTS

The Land Acquisition and Resettlement Plan for the Shikarpur Sanitary Landfill is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.

CONTENTS

Page

ABBREVIATIONS iii

DEFINITION OF TERMS iv

EXECUTIVE SUMMARY 1

I. Scope of Land Acquisition and Resettlement 2

II.

Objectives, Policy Framework and Entitlements

2

III.

Gender Impact and Mitigation Measures

2

IV.

Information Dissemination, Consultation and Disclosure Requirements

2

V.

Grievance Redress Mechanisms

2

VI.

Compensation

3

VII.

Institutional Framework

4

VIII.

Resettlement Budget and Financing

4

IX.

Monitoring and Evaluation

5

X.

Implementation Schedule

5

iii

ABBREVIATIONS

ADB – Asian Development Bank

AP – Affected person

CAS – Compulsory acquisition surcharge

DO – District Officer

EA – Executing Agency

Facility – Multitranche Financing Facility

GoS – Government of Sindh

IA – Implementing Agency

LAA – Land Acquisition Act

LAC – Land Acquisition Collector

LAR – Land Acquisition and Resettlement

LARF – Land Acquisition and Resettlement Framework

LARP – Land Acquisition and Resettlement Plan

NSUSC – North Sindh Urban Services Corporation

P&DD – Planning and Development Department

PSU – Program Support Unit

SCIP – Sindh Cities Improvement Investment Program

TMA – Taluka Municipal Administration

CMO – Chief Municipal Officer

i GLOSSARY Displaced Households: All persons residing under one roof and eating from the same kitchen, who are adversely affected by the Investment Program, or any of its components; may consist of a single nuclear family or an extended family group. Displaced Person Displaced Persons. In the context of involuntary resettlement, displaced persons are those who are physically displaced (relocation, loss of residential land, or loss of shelter) and/or economically displaced (loss of land, assets, access to assets, income sources, or means of livelihoods) as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas Compensation: Cash or in-kind payment of the replacement cost of an asset lost due to

Investment Program-related impacts

Entitlement: Range of measures comprising compensation, income restoration, transfer assistance, income substitution, and relocation, which are due to APs, depending on the nature of their losses, to restore their economic and social base Income Restoration: Reestablishment of income sources and livelihoods of APs Involuntary Resettlement: Unavoidable resettlement losses as a consequence of development projects, compelling APs to rebuild their lives, incomes and asset bases elsewhere Land Acquisition: The process whereby a person is compelled by a government agency to alienate all or part of the land a person owns or possesses to the ownership and possession of the government agency for public purpose in return for compensation Rehabilitation: Compensatory measures provided under the ADB Policy Framework on Involuntary Resettlement other than payment of the replacement cost of acquired assets Relocation: The physical displacement of a person from her/his place of residence Replacement Cost: ADB Safeguard Policy Statement (SPS 2009), guidance for

establishing replacement cost consists of the following (i) fair market value (ii) transaction costs

(iii) interest accrued (iv) transitional and restoration costs and (v) other applicable payments if any.

Where market conditions are absent or in a formative stage, the borrower/client will consult with

the displaced persons and host populations to obtain adequate information about recent land

transactions, land value by types, land titles, land use, cropping patterns and crop production,

availability of land in the project area and region and other related information. The borrower/client

will also collect baseline data on housing, house types, and construction materials. Qualified and

experienced experts will undertake the valuation of acquired assets in applying method of

valuation, depreciation of structures and assets should not be taken into account.

Vulnerable Groups: Distinct group of people who may suffer disproportionately from resettlement effects

EXECUTIVE SUMMARY Site Ownership and Affected Persons: Land acquisition and resettlement (LAR) impacts in this solid waste management (SWM) investment are minimized by the compensation on market price land from a single owner under the provisions of the Land Acquisition Act (LAA) of 1894. Site Location and Land Status: The 63- 26 acres of land is to be acquired for the sanitary landfill is located in the Deh of Belo Sultankot, Tapa of Sultankot and Taluka of Shikarpur at GPS coordinates 28°1'43.86"N, 68°37'3.08"E (GIS Map is attached) on a property with a total size of 63.65 acres of agricultural land, belonging to the head of one single household. Expected Gender Impact: An adverse differential impact by the landfill development on either the men or the women of the household is not to be expected and any gender impact, if at all, would be insignificant. Consultation and Information Dissemination: The single Affected Person (AP) household head was consulted and is being provided with the Land Acquisition and Resettlement Plan (LARP), Rate of the land per acre was also discussed. The AP is being briefed about this LARP i n Sindhi. This will be available at the office of Taluka Municipal Administration (TMA)/Regional & Head office of NSUSC for public inspection. A Grievance Redress Mechanism has been stipulated in the LARP and was explained to the DP during the consultation meeting

Land Acquisition Process: The Shikarpur TMA/NSUSC, through the Government of Sindh (GoS), is acquiring the 63.26 acres of the land. land owner submitted application and demanded PKRs 400, 000 LAC. DC consituted a comitte based on Mukhtiarkar and Tapedars to re-evaluate the market rate of the land. Committee Compared the land value with other projects including N-65 NHA project too and recommended that PKRs 3,50,000 plus 15% Compulsory Charges be given to the AP. In this connection, DC has proposed new market rate with compensation at the current market rate of PRs 350,000 plus 15% Compulsory Charges (Attached-II)as the previous decision was as PRs70,000 per acre plus 15% compulsory acquisition surcharge (CAS), free of taxes, registration and transfer costs, amounting to PRs 80,500 per acre (Attached-III). Compensation to the DP will be paid in full prior to the possession of the land and the award of civil works contracts. A resettlement budget totaling Rs. 29,461,993 is provided in this

updated LARP. Monitoring requires the provision of documents demonstrating the conclusion of negotiations with the DP and payment of compensation. An implementation schedule indicates milestones within an approximate timeframe.

1

I. Scope of Land Acquisition and Resettlement

1. The objective of the Sindh Cities Improvement Investment Program (SCIP or the Investment Program) is to improve the quality, reliability and coverage of water supply, waste water and solid waste management (SWM) services by incentivizing and supporting effective management and sustainable financing of urban service providers. The Investment Program consists of four parts: (i) urban planning, institutional development and program management support, including implementation support through technical assistance for a Program Support Unit (PSU), an Urban Policy and Strategic Planning Unit, and urban services corporations (USCs); (ii) urban water supply and waste water management improvement with the construction and rehabilitation or extension of various related infrastructure facilities; (iii) SWM improvement with the provision of related infrastructure facilities, including four sanitary landfills under Tranche 1; and (iv) transition and operational support funding to USCs. SCIP is financed by the Asian Development Bank (ADB) through a Multitranche Financing Facility (the Facility), which includes several subprojects in each tranche. The first tranche provides investments in urban planning, institutional reforms and program implementation support, as well as water supply, wastewater and solid waste infrastructure in the urban areas of Sukkur, New Sukkur, Rohri, Shikarpur, Larkana and Shikarpur. The first tranche supports operationalization of the North Sindh Urban Services Corporation (NSUSC).This Land Acquisition and Resettlement Plan (LARP) has been prepared for the Shikarpur Sanitary Landfill under the first tranche. 2. Land acquisition and resettlement (LAR) impacts in this SWM development are minimized by providing fair compensation at the market rate to the land owner land. land is being purchased from a single owner under the provisions of the Land Acquisition Act (LAA) of 1894. 3. To assess the permanent impact of land acquisition for the construction of a sanitary landfill on 63.26 acres of private land, two site visits and walks at the affected land were undertaken and the related land revenue documents (Appendix 1) and cadastre maps (Appendix 2) were inspected and recorded at the office of the Mukhtiarkar of the Revenue Department at the Shikarpur Taluka. The site required for the sanitary landfill is located in the Deh of Belo Sultankot, Tapa of Sultankot and Taluka of Shikarpur at GPS coordinates 28° 1'43.86"N, 68°37'3.08"E (GIS Map is attached) on a property with a total size of 63.26 acres of agricultural land with potential irrigation access. The land was cultivated by its current absentee owner, shows traces of previous cultivation and is the titled

property of one single affected owner household.1 There are no built structures on the property; no livelihood activities of any form are undertaken. Table 1 provides some key data about the displaced persons ( DPs) and affected assets.

Table 1: Affected Persons and Assets in the Shikarpur Sanitary Landfill Development

Item No. Households 1 Persons 10 Male 5 Female 5 Vulnerable households 0

Agricultural land Acres 63.26 (cultivated) No. of owners 1

>10% productive income generating assets

lost Acres 0 No. of owners/ lessees 0

Residential land Acres 0 Structures No. 0

Displaced persons be displaced No. of persons 0 No. of households 10

1

The ownership record at the Revenue Department office in Shikarpur was cross-checked and verified.

2

4. According to the socio-economic phone survey carried out, the single AP household consists of 10 persons, five of which are males and five females. The head of household and titled absentee land owner is male and holds an LLB degree. There are three income earners and the land owner is a retired pensioned officer of the Pakistan Armed Forces, who currently works as a consultant and advocate. The income of the Lahore-based household was not disclosed, but may safely be assumed to be far above the poverty and vulnerability levels, given the occupational structure of the household. II. Objectives, Policy Framework and Entitlements 5. The objective of this LARP is to stipulate all relevant procedures and compensation entitlements for the acquisition of land under the Shikarpur Sanitary Landfill, while safeguarding the livelihoods of APs. The Land Acquisition and Resettlement Framework (LARF) for SCIP determines all provisions of this LARP. The policy framework and entitlements for the Investment Program are based on the Land Acquisition Act (LAA) of 1894 and successive amendments as applicable to the Province of Sindh, the Sindh Katchi Abadi Act of 1987 ADB's Safeguard Policy 2009, as indicated in Section F of the LARF. This LARP has been prepared by the Government of Sindh (GoS). The compensation and rehabilitation entitlements of APs are set out in Section G of the LARF

III. Gender Impact and Mitigation Measures 6. The single owner household of the affected land derive income & other benefits supporting its livelihoods from the used land. Therefore, an adverse differential impact by the landfill development on either the men or the women of the household have been mitigated by providing market value of the land and no any gender impact, if at all, would be insignificant. As the AP household resides in the city of Lahore, it was not possible to carry out a socio-economic and gender impact assessment with a female household member. IV. Information Dissemination, Consultation and Disclosure Requirements 7. This LARP has been prepared after consultation with stakeholders. The single D P , i.e. titled owner of the affected land and having power of attorney has been consulted by the LAR consultants to the Investment Program in a telephone call to his residence in Lahore and also with the person having power of attorney Both have been informed about the proposed landfill development and intent to acquire his land. The owner stated his intention to sell the land at a market price to be negotiated and his preference to sell his entire 63.26 acres at the prospective landfill location. 8. This LARP was provided in the English language to the single AP, who is fluent in English. It has also been placed at the NSUSC head office and Regional Office Shikarpur Taluka Municipal Administration Office, where a Sindhi language summary of the LARP was provided.2

This LARP will also be published on the ADB website. V. Grievance Redress Mechanisms 9. To address DP grievances about LARP implementation, a Grievance Committee has been established. However, with careful observance of the provisions of the LARF and LARP by all stakeholders involved, grievances can be avoided. The AP has been informed about the Grievance

2 The Sindhi language translation of the LARP will be provided for the convenience of Government staff, to ensure that they are informed of its contents.

3

Redress Mechanism during public consultations and through the publication of this LARP. Table 3 sets out the successive steps of the grievance redress mechanism.

Table 2: Grievance Redress Mechanism

Steps Responsible Actors to be addressed by Affected Person (AP)

Provisions

1 Village leader Informal settlement within 10 days of lodging of complaint

2.a Grievance Redress Committee Discussion, referral and resolution of complaint within 30 days

2.b Land Acquisition Collector (LAC) / District Officers (DO) Revenue at Shikarpur

Land and crop compensation related grievances

2.c NSUSC Safeguards Cell

Grievances pertaining to all other types of assets. DP re-lodges complaint within 1 month of decision under step 2 with supporting documents to be referred to NSUSC Safeguard cell

3. NSUSC Management Rules on re-lodged complaint within 21 days in accordance with LARF

4 Appropriate Court of Law In accordance with sections 18 to 22 of LAA (1894)

10. If necessary, the aggrieved DP will first address village leader for Informal settlement within 10 days of lodging of complaint If the complaint cannot be settled, the grievance will be referred to the Grievance Committee. Within 30 days the committee will discuss the matter and refer land and crop compensation related grievances to the Land Acquisition Collector (LAC) / District Officers (DO) Revenue at Shikarpur, or grievances pertaining to all other types of assets and incomes to the NSUSC Safeguards Cell, and obtain a resolution. If the complaint still remains unresolved, it can be re-lodged by the AP within one month of the LAC or Safeguards Cell decision with the Grievance Committee which refers it to the Management of NSUSC. The DP must produce all relevant documents supporting his claim. The Management of NSUSC will rule on the issue(s) within 21 days of its re-lodging with the Grievance Committee. The NSUSC decision must be in compliance with the provisions of the LARF. If the grievance redress mechanism fails to satisfy the aggrieved AP, he can submit the case to the appropriate court of law as set out in sections 18 to 22 of the LAA (1894). 11. The Grievance Committee will comprise the Chief Muncipal officer/TMA, Regional Specialist of PSU, LAR Specialist of NSUSC, Mukhtiarkar and Tapadar of Shikarpur Taluka and Sultan kot Tapa, and an DPs’ representative Respectively. VI. Compensation 12. The TMA Shikarpur has requested the Land Acquisition Collector (LAC)/District Officer (DO) Revenue to invoke section 4 of the LAA, determined 13 March 2008 as the cut-off date (Annexure-V). it is been requested by the LAC to DC to announce section-06 Under land acquisition Act-1894 (Attached-IV) and will acquire 63.26 acres of the land with compensation at the current market rate PRs 350, 000 plus 15 % Compulsory Charges has been decided by the LAC/DC shikarpur as landowner submitted application as he is not agreed to sell land at the previous decision by the LAC as was of PRs70,000 per acre plus 15% compulsory acquisition surcharge (CAS), free of taxes, registration and transfer costs, amounting to PRs 80,500 per acre and he demanded Rs. 400,000-500,000/per acre . In this connection Deputy Commissioner/LAC constituted a committee consisting of mukhtiarkar and Tapedars to re -

4

evaluate the market value. Committee compared land value with other projects in this area and N-65 road project and recommended compensation at the current market rate PRs 350,000 plus 15 % Compulsory Charges free of taxes & transaction costs. Compensation to the DP will be paid in full prior to the possession of the land and the award of civil works contracts. The proposed site comprises five contiguous plots (survey numbers 332, 333, 334, 335 and 336 registered at the Shikarpur Taluka Revenue Office) owned by the DP and amounting to 63.26 acres.

5

VII. Institutional Framework 13. Roles and responsibilities for the design, implementation and supervision of LAR functions within SCIP are vested with a number of different institutional actors. Planning and Development Department (P&DD) of the GoS as the Investment Program Executing Agency (EA) and through its Program Support Unit (PSU) will provide counterpart finances including the LAR budget, supervise the preparation of this LARP, and oversee the compliance of the Investment Program and its subprojects with the LARF and this LARP. NSUSC has the Responsibility for LARP implementation functions, as well as any update of the LARF and this LARP, will be bye the Safeguards Cell of the NSUSC.

14. The NSUSC Safeguards Cell will closely liaise with the Shikarpur District Revenue Office and its pertinent Taluka and Tapa offices. Under the Provincial Board of Revenue, the Shikarpur District Revenue Office, with the DO Revenue, who is also the Land Acquisition Collector (LAC), and its officers at the Shikarpur Taluka level, Mukhtiarkar, and Sultankot Tapa level, Tapadar, is responsible for land administration, valuation and acquisition. These officers verify and validate LARPs and compensation rates, and deliver compensation for land, crop and tree compensation to the AP. The GoS will acquire the land under the LAA and transfer ownership to the Shikarpur TMA. The TMA will transfer long-term use rights for the establishment and operation of the sanitary landfill to the NSUSC through Services and Asset Management Agreement (SAMA) entered into between the TMA and the NSUSC.

VIII. Resettlement Budget and Financing 15. The affected land is valued at the replacement cost of land of approximately equal type and quality (irrigated cultivated but unused, flat, salinity affected, flat, adjacent to main road, 9 km to Shikarpur town) determined by a local land sales survey for the period of one year preceding the cut-off date for the landfill development. The problem of chronic underreporting of land values for tax evasion purposes is overcome by applying the reported market rates for the preceding 12 months known to local land administration officers. The unit rates for involuntary land acquisition include 3, 50, 000 Plus 15% CAS per acre. The LAC of Shikarpur District according to LAA Section 23 has proposed new rate up on the submission of application by the land owner indicated a proposed cost as Rs. 3,50,000 plus 15 % Compulsory Charges as previous decision was that replacement cost for the land to be acquired at the current market value of PRs70,000 per acre. Table 3 indicates the new proposed cost of land acquisition for the Shikarpur sanitary landfill under the LAA and ADB Policy.

Table 3: Proposed Budget for Land Acquisition and Resettlement Plan of Shikarpur Sanitary Landfill

Total Area-

Acres (Under

section-4)

Proposed rate per acre Compulsory Charges-

15%

Total Cost Per acre

(Rate per acre

+15%)

Total Cost

(63-26 acres at the

rate of Rs. 402,500/-

per acre)

63-26 Rs. 350,000/ Rs. 52,500 Rs. 402, 500 Rs. 25, 619, 125

Contingencies (15%) Rs. 3,842,868

Total Cost Rs. 29,461,993

6

16. The total amount assessed will be deposited by the EA in the treasury accounts of the Shikarpur District, which must make payment of compensation money to the entitled AP within 60 days after the notice of award under Section 6 of the LAA. Payment of compensation will be made no later than 60 days (2 months) prior to the actual possession of the acquired land. No land will be possessed by the LAC or handed over to the IA (on behalf of the TMA) for commencement of construction works without full payment of due compensation to the affected landowner. However, in case of a dispute, the assessed/allocated amount of compensation will be pledged in the name of the concerned AP, pending a decision by the court in accordance with the LAA. In this case, the IA may possess the land before payment of compensation, but will hold all construction works until the final settlement of all compensation cases. IX. Monitoring and Evaluation 17. As only a payment of cash compensation is required, monitoring will be confined to the provision of documents which demonstrate the conclusion of negotiations with the AP and evidence of payment of compensation, to be submitted to ADB prior to the award of civil works contract.

X. Implementation Schedule

18. The LARP implementation schedule is in Table 4. Table 4: Land Acquisition and Resettlement Plan Implementation Schedule-November 2012-January 2013

No.

Activi

ty

Month of subproject Implementation

Nov

DEC

JAN

3. Land Acquisition and Resettlement Plan (LARP) Update 3.1 Detailed measurement survey update 3.2 Public consultations and negotiations on update 3.3 Updated resettlement plan and budget 3.4 Submission of updated LARP to NSUSC 3.5 Dissemination & agreement on update with APs 3.6 Submission of updated LARP to Executing Agency/PSU;

TMA

3.7 Submission of updated LARP to ADB 3.8 Approval of Final LARP with budget 3.9 Public Disclosure of Final LARP 4. LARP Implementation 4.1 Notice of award of compensation under Section 6 of the LAA 4.2 Disbursement of compensation and finalization of land

transfer

4.3 Submission of payment receipts to NSUSC and ADB 5 Documentation of LAR process 5.1 Award of civil works contracts 6 Review of LARP implementation (Monitoring)

ADB = Asian Development Bank; NSUSC = North Sindh Urban Services Corporation; PSU = Program Support Unit; TMA = Taluka Municipal Administration.

7

(ANNEXURE-I)-GIS MAP/LOCATION PLAN OF THE PROPOSED LANFILL SITE SHIKARPUR

8

(ANNEXURE-II)-NEW PROPOSED MARKET RATE BY THE DC/LAC

9

10

11

12

13

(ANNEXURE-IV)-REQUEST FOR SECTION-6 BY THE LAC TO DC

14

(ANNEXURE-V)-COPY OF SECTION-04 UNDER LAND ACQUISITION ACT 1894

LAND RECORD DATA SHIKARPUR SITE, REVENUE DEPARTMENT SHIKARPUR

Serial No

Record entry No.

Plot/survey No.

Name of owner Acres/ Ghunta

Acres Name of tenants

Structures Land use status

Land use type

Market Land

value (per acre)

Revenue land value (per acre)

1 61 (dated:

1.12.2006)

332 / 1-4 Musadiq Farooq s/o Shaik Fatah Ahmed

16-00 16 none none Un-cultivated Irrigated 70,000 10,200

2 61 (dated:

1.12.2006)

333 / 1-4 Musadiq Farooq s/o Shaik Fatah Ahmed

16-00 16 none none Un-cultivated Irrigated 70,000 10,200

3 61 (dated:

1.12.2006)

334 / 1-4 Musadiq Farooq s/o Shaik Fatah Ahmed

16-00 16 none none Un-cultivated Irrigated 70,000 10,200

4 61 (dated:

1.12.2006)

335 / 1-4 Musadiq Farooq s/o Shaik Fatah Ahmed

14-19 14.475 none none Un-cultivated Irrigated 70,000 10,200

5 61 (dated:

1.12.2006)

336 / 1-4 Musadiq Farooq s/o Shaik Fatah Ahmed

1-07 1.175 none none Un-cultivated Irrigated 70,000 10,200

Total 63-26 63.65

Land Record Data Shikarpur Site (decimal acreage indicated)

District : Shikarpur / Taluka: Shikarpur / Tapa: Sultankot / Deh: Belo Sultankot

Appendix 2 8

CADASTRE MAP SHIKARPUR SITE

Total land (63.65 acres)