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

ACRONYMS

BPL Below Poverty Line BRTS Bus-based Rapid Transit System COI Corridor of Impact CPRs Common Property Resources EP Entitled Person ESMD Environment Social Management Department ESMF Environment Social Management Framework FGD Focused Group Discussion FSI Floor Space Index GEF Global Environmental Facility GoM Government of Maharashtra GRC Grievance Redress Committee Ha Hectare IBRD International Bank for Reconstruction and Development IEC Information – Education – Communication JnNURM Jawaharlal Nehru Urban Renewal Mission LAA Land Acquisition Act MEH Minimum Economic Holding MIDC Maharashtra Industrial Development Corporation NGO Non-Government Organization PAFs (Project) Affected Families PAPs Project Affected Person PCMC Pimpri-Chinchwad Municipal Corporation PCNTDA Pimpri-Chinchwad New Town Development Authority PIU Project Implementation Unit PMC Project Management consultant R & R Resettlement and Rehabilitation RAP Resettlement Action Plan ROW Right of Way SBEs Small Business Enterprises SC Scheduled Caste SES Socio-Economic Survey ST Scheduled Tribe SUTP Sustainable Urban Transport Project TDR Transfer of Development Rights u/s Under Section WB 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 Ground

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 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

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.

(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 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

The main feature of the BRT corridors would be as under:

• 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 RAP

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). 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 Impact

2.3.1 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

2 Nashik Phata

to Wakad 17.59 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.N Name of the

corridor

Total

Private

land

1

Kalewadi-KSB

Chowk-Dehu Alandi

Road

10.01

2 Nashik Phata to

Wakad 10.42

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

Structure Type

Permanent Semi-Permanent Temporary Total BRT

Route Village

Total TH NTH Total TH NTH Total TH NTH Total TH NTH

Wakad 9 8 1 6 4 2 7 5 2 22 17 5

Pimple

Nilakh 25 23 2 14 3 11 0 0 0 39 26 13

Pimple

Gurav 35 34 1 0 0 0 3 0 3 38 34 4

BRT 1

Wakad-

Nashik

Phata

Total 69 65 4 20 7 13 10 5 5 99 77 22

Kalewadi 31 18 13 117 93 24 19 15 4 167 126 41

Pimpri-

MIDC 8 8 0 0 0 0 0 0 0 8 8 0

Chikhali 2 2 0 14 9 5 29 13 16 45 24 21

BRT 2

Kalewadi

-Dehu

Road 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

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)

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

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 Wakad Total

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

5PCNTDANOTIFICATIONNUMBERTPS/1893/1412/UD‐13ON28THNOV19958DateofpublishedDraftDPforPCMColdlimit28.6.1991

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 Profile

Socio 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%

Per

cent

age

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%

Per

cent

age

Wakad Pimple Gurav Kalewadi

Village

Service

Busines

Other

NRSP

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%

Hindu

Muslim

Christian

Buddhist

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%

Open

OBC

SC

ST

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%

Per

cent

age

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%

Pe

rce

nta

ge

Wakad Pimple Gurav Kalewadi

Village 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

Per

cent

age

Nuclear

Joint

NRSP

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 40

40 to 60

60 to 80

80 +

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%

House

Land

Compensation

NRSP

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

adP

imp

le G

ura

vK

alew

adi

Vill

age

Percentage

NRSP

100 to 200

50 to 100

20 to 50

Upto 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%

Wa

kad

Pim

ple

Gu

rav

Kal

ewad

iC

hikl

iP

erce

ntag

e

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%

Per

cent

age

Wakad PimpleNilakh

Kalewadi MIDC Chikli

Village

Permanent

Semi-permanent

Temporary

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%

Per

cent

age

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

OBC

SC

ST

N.Appl

Figure No.3.16

Head of Family (Commercial)

75.7%

2.9%

21.4%

Male

Female

N.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%

Per

cent

age

Wakad Kalewadi MIDC Chikli

Village

Vulnerable

Non Vulnerable

N.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%

Per

cent

age

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 5

5 to 10

10 to 20

20 +

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- PAPs

The 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 up

Loss of Income

Starvation

No Effect

Unable 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%P

erce

nta

ge

Wakad Kalewadi MIDC Chikli

Village

New Business

Alternative Shop

No Effect

Unable 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 Framework

The 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 Entitlement Entitlement 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.

Category

Type of Loss

Unit of Entitlement Entitlement Details

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.

3 Private Property

Agricultural 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

Category

Type of Loss

Unit of Entitlement Entitlement Details

• Will be notified a time in which to remove their assets

• Right to salvage materials from the demolished structure

6 Additional support to vulnerable groups

Housing Household Assistance • One time additional assistance of 5000 will be paid in addition to other eligible entitlements to the vulnerable 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 Restoration

PAPs 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 Squatters

As 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 Relocation

Those 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 Arrangement

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

• 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

R&R Implementation Organogram

PAP

Asst. Commissioner R&R Concerned Ward Officials

Land Record Department

Govt. Revenue Department

Rehabilitation Committee

Asst. Com.- Concerned Ward

Dy. Director- Land Record

Representative PAP

Elected Representative Concerned Ward

NGO

Commissioner

Court of Law

VIII

MONITORING AND EVALUATION

8.1 Internal Monitoring

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.

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 Monitoring

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 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 2011 1 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 Introduction

In 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 Assistance

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.

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.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

2 Nashik Phata to

Wakad 17.59 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.

Table No. 10.3

6 Budget for Mitigating Negative Impact S.N

Details

Lump sum Amount in lacs

1. Livelihood mapping, Capacity Building and social inputs 10 2. Training Programmes for Weaker Sections 15 3. Social Inputs for Vulnerable Groups 10 4. Special Programmes for Women 15 5. Establishment of SHGs and Local Community-Based Organizations 5 6. Motivational Meetings and Awareness Generation 10 7. NGO Consultation Cost* 15

Total: (Approx.) 80 * This includes RAP Implementation Evaluation Cost

ANNEXURE 3.1 SOCIO-ECONOMIC SURVEY OUTPUT TABLES

Table No. 3.1

Distribution of PAP According to Education Education

Illiterate Primary Secondary Graduate Post-

graduate NRSP Total 2 5 8 0 0 5 20 Wakad

10.0% 25.0% 40.0% 0.0% 0.0% 25.0% 100.0% 8 9 15 2 1 0 35 Pimple

Gurav 22.9% 25.7% 42.9% 5.7% 2.9% 0.0% 100.0% 41 55 75 16 2 7 196 Kalewadi

20.9% 28.1% 38.3% 8.2% 1.0% 3.6% 100.0% 0 0 0 0 0 6 6 Chikhali

0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 51 69 98 18 3 18 257 Total

19.8% 26.8% 38.1% 7.0% 1.2% 7.0% 100.0%

Table No. 3.2 Distribution of PAP According to Occupation

Occupation Service Business Others NRSP Total

8 4 3 5 20 Wakad 40.0% 20.0% 15.0% 25.0% 100.0%

16 3 16 0 35 Pimple Gurav 45.7% 8.6% 45.7% 0.0% 100.0%

71 68 50 7 196 Kalewadi 36.2% 34.7% 25.5% 3.6% 100.0%

0 0 0 6 6 Chikhali 0.0% 0.0% 0.0% 100.0% 100.0% 95 75 69 18 257 Total

37.0% 29.2% 26.8% 7.0% 100.0%

Table No. 3.3 Distribution of PAP According to Religion

Religion Hindu Muslim Christian Buddhist NRSP Total

14 0 0 1 5 20 Wakad 70.0% 0.0% 0.0% 5.0% 25.0% 100.0%

29 3 1 2 0 35 Pimple Gurav 82.9% 8.6% 2.9% 5.7% 0.0% 100.0%

149 22 15 3 7 196 Kalewadi 76.0% 11.2% 7.7% 1.5% 3.6% 100.0%

0 0 0 0 6 6 Chikhali 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 192 25 16 6 18 257 Total

74.7% 9.7% 6.2% 2.3% 7.0% 100.0%

Table No. 3.4 Distribution of PAP According to Caste Category

Caste Category Open OBC SC ST NRSP Total

11 2 0 2 5 20 Wakad 55.0% 10.0% 0.0% 10.0% 25.0% 100.0%

23 6 0 6 0 35 Pimple Gurav 65.7% 17.1% 0.0% 17.1% 0.0% 100.0%

113 37 6 33 7 196 Kalewadi 57.7% 18.9% 3.1% 16.8% 3.6% 100.0%

0 0 0 0 6 6 Chikhali 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 147 45 6 41 18 257 Total

57.2% 17.5% 2.3% 16.0% 7.0% 100.0%

Table No. 3.5 Distribution of PAP According to Head of Family

Head of Family Female Male NRSP Total

1 14 5 20 Wakad 5.0% 70.0% 25.0% 100.0%

2 33 0 35 Pimple Gurav 5.7% 94.3% 0.0% 100.0%

36 153 7 196 Kalewadi 18.4% 78.1% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 39 200 18 257 Total

15.2% 77.8% 7.0% 100.0%

Table No. 3.6 Distribution of PAP According to Vulnerability

Vulnerability Vulnerable Non Vulnerable NRSP Total

3 12 5 20 Wakad 15.0% 60.0% 25.0% 100.0%

8 27 0 35 Pimple Gurav 22.9% 77.1% 0.0% 100.0%

76 113 7 196 Kalewadi 38.8% 57.7% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 87 152 18 257 Total

33.9% 59.1% 7.0% 100.0%

Table No. 3.7 Distribution of PAP According to Type of Family

Type of Family Nuclear Joint NRSP Total

12 3 5 20 Wakad 60.0% 15.0% 25.0% 100.0%

26 9 0 35 Pimple Gurav 74.3% 25.7% 0.0% 100.0%

139 50 7 196 Kalewadi 70.9% 25.5% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 177 62 18 257 Total

68.9% 24.1% 7.0% 100.0%

Table No. 3.8 Distribution of PAP According to Size of Family

Size of Family Upto 3 4 to 5 6 to 7 8 + NRSP Total

0 5 5 5 5 20 Wakad 0.0% 25.0% 25.0% 25.0% 25.0% 100.0%

0 9 12 13 1 35 Pimple Gurav 0.0% 25.7% 34.3% 37.1% 2.9% 100.0%

12 81 61 32 10 196 Kalewadi 6.1% 41.3% 31.1% 16.3% 5.1% 100.0%

0 0 0 0 6 6 Chikhali 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 12 95 78 50 22 257 Total

4.7% 37.0% 30.4% 19.5% 8.6% 100.0%

Table No. 3.9 Distribution of PAP According to

Number of Earners in Family Number of Earners in Family 1 person 2 NRSP Total

13 2 5 20 Wakad 65.0% 10.0% 25.0% 100.0%

34 0 1 35 Pimple Gurav 97.1% 0.0% 2.9% 100.0%

164 17 15 196 Kalewadi 83.7% 8.7% 7.7% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 211 19 27 257 Total

82.1% 7.4% 10.5% 100.0%

Table No. 3.10 Distribution of PAP According to Number of Dependents in Family

Number of Dependents in Family

Upto 3 persons

4 to 5 persons

6 to 7 persons

More than 8

persons NRSP Total 0 4 4 7 5 20 Wakad

0.0% 20.0% 20.0% 35.0% 25.0% 100.0% 2 9 11 12 1 35 Pimple

Gurav 5.7% 25.7% 31.4% 34.3% 2.9% 100.0% 8 48 73 41 26 196 Kalewadi

4.1% 24.5% 37.2% 20.9% 13.3% 100.0% 0 0 0 0 6 6 Chikhali

0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 10 61 88 60 38 257 Total

3.9% 23.7% 34.2% 23.3% 14.8% 100.0%

Table No. 3.11 Distribution of PAP According to Widows in Family

Widows in Family Yes No NRSP Total

1 14 5 20 Wakad 5.0% 70.0% 25.0% 100.0%

7 28 0 35 Pimple Gurav 20.0% 80.0% 0.0% 100.0%

9 180 7 196 Kalewadi 4.6% 91.8% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 17 222 18 257 Total

6.6% 86.4% 7.0% 100.0%

Table No. 3.12 Distribution of PAP According to Disabled in Family

Disabled in Family Yes No NRSP Total

0 15 5 20 Wakad 0.0% 75.0% 25.0% 100.0%

3 32 0 35 Pimple Gurav 8.6% 91.4% 0.0% 100.0%

4 185 7 196 Kalewadi 2.0% 94.4% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0%

7 232 18 257 Total 2.7% 90.3% 7.0% 100.0%

Table No. 3.13 Distribution of PAP According to School Enrolment

School Enrolment Yes No NRSP Total

12 3 5 20 Wakad 60.0% 15.0% 25.0% 100.0%

31 4 0 35 Pimple Gurav 88.6% 11.4% 0.0% 100.0%

133 56 7 196 Kalewadi 67.9% 28.6% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 176 63 18 257 Total

68.5% 24.5% 7.0% 100.0%

Table No. 3.14 Distribution of PAP According to

Total Family Income (000) Total Family Income (000) Upto 40 40 to 60 60 to 80 80 + NRSP Total

14 0 1 0 5 20 Wakad 70.0% 0.0% 5.0% 0.0% 25.0% 100.0%

23 11 0 1 0 35 Pimple Gurav 65.7% 31.4% 0.0% 2.9% 0.0% 100.0%

143 28 5 13 7 196 Kalewadi 73.0% 14.3% 2.6% 6.6% 3.6% 100.0%

0 0 0 0 6 6 Chikhali 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 180 39 6 14 18 257 Total

70.0% 15.2% 2.3% 5.4% 7.0% 100.0%

Table No. 3.15 Distribution of PAP According to

Business of Family Business of Family Yes No NRSP Total

5 10 5 20 Wakad 25.0% 50.0% 25.0% 100.0%

11 24 0 35 Pimple Gurav 31.4% 68.6% 0.0% 100.0%

50 139 7 196 Kalewadi 25.5% 70.9% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 66 173 18 257 Total

25.7% 67.3% 7.0% 100.0%

Table No. 3.16 A

Distribution of PAP According to Loan Availed Loan Availed Yes No NRSP Total

2 13 5 20 Wakad 10.0% 65.0% 25.0% 100.0%

8 27 0 35 Pimple Gurav 22.9% 77.1% 0.0% 100.0%

11 178 7 196 Kalewadi 5.6% 90.8% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 21 218 18 257 Total

8.2% 84.8% 7.0% 100.0%

Table No. 3.16 B Distribution of PAP According to Amount of Loan ('000)

Amount of Loan ('000)

Upto 50 50 to 100 100 + Don’t Know

Not Applicable NRSP Total

0 1 0 0 13 6 20 Wakad 0.0% 5.0% 0.0% 0.0% 65.0% 30.0% 100.0%

4 1 3 0 27 0 35 Pimple Gurav 11.4% 2.9% 8.6% 0.0% 77.1% 0.0% 100.0%

1 1 2 7 178 7 196 Kalewadi 0.5% 0.5% 1.0% 3.6% 90.8% 3.6% 100.0%

0 0 0 0 0 6 6 Chikhali 0.0% 0.0% 0.0% 0.0% 0.0% 100.0% 100.0%

5 3 5 7 218 19 257 Total 1.9% 1.2% 1.9% 2.7% 84.8% 7.4% 100.0%

Table No. 3.16 C Distribution of PAP According to Reasons for Loan

Reasons for Loan

Housing Marriage Domestic Not

Applicable NRSP Total 1 0 0 13 6 20 Wakad

5.0% 0.0% 0.0% 65.0% 30.0% 100.0% 1 4 3 27 0 35 Pimple

Gurav 2.9% 11.4% 8.6% 77.1% 0.0% 100.0% 3 2 6 178 7 196 Kalewadi

1.5% 1.0% 3.1% 90.8% 3.6% 100.0% 0 0 0 0 6 6 Chikhali

0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 5 6 9 218 19 257 Total

1.9% 2.3% 3.5% 84.8% 7.4% 100.0%

Table No. 3.17 Distribution of PAP According to

Participation of Women in Family Matters Participation of Women in Family Matters Financial Educational Domestic All NRSP Total

5 0 0 9 6 20 Wakad 25.0% 0.0% 0.0% 45.0% 30.0% 100.0%

26 1 0 8 0 35 Pimple Gurav 74.3% 2.9% 0.0% 22.9% 0.0% 100.0%

39 4 11 135 7 196 Kalewadi 19.9% 2.0% 5.6% 68.9% 3.6% 100.0%

0 0 0 0 6 6 Chikhali 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 70 5 11 152 19 257 Total

27.2% 1.9% 4.3% 59.2% 7.4% 100.0%

Table No. 3.18 Distribution of PAP According to

Information about BRT Information about BRT Yes No NRSP Total

13 1 6 20 Wakad 65.0% 5.0% 30.0% 100.0%

18 17 0 35 Pimple Gurav 51.4% 48.6% 0.0% 100.0%

158 31 7 196 Kalewadi 80.6% 15.8% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 189 49 19 257 Total

73.5% 19.1% 7.4% 100.0%

Table No. 3.19 Distribution of PAP According to

Information about Loss resulting from BRT

Information about Loss resulting

from BRT Yes No NRSP Total

14 0 6 20 Wakad 70.0% 0.0% 30.0% 100.0%

18 17 0 35 Pimple Gurav 51.4% 48.6% 0.0% 100.0%

184 5 7 196 Kalewadi 93.9% 2.6% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 216 22 19 257 Total

84.0% 8.6% 7.4% 100.0%

Table No. 3.20 A Distribution of PAP According to Expectations of PAP

Expectations of PAP

House Land Compensation NRSP Total 7 5 3 5 20 Wakad

35.0% 25.0% 15.0% 25.0% 100.0% 34 1 0 0 35 Pimple

Gurav 97.1% 2.9% 0.0% 0.0% 100.0% 152 26 11 7 196 Kalewadi

77.6% 13.3% 5.6% 3.6% 100.0% 0 0 0 6 6 Chikhali

0.0% 0.0% 0.0% 100.0% 100.0% 193 32 14 18 257 Total

75.1% 12.5% 5.4% 7.0% 100.0%

Table No. 3.20 B Distribution of PAP According to Options for Compensating Loss

Options for Compensating Loss

Compensation TDR / FSI NRSP Total

3 12 5 20 Wakad 15.0% 60.0% 25.0% 100.0%

0 35 0 35 Pimple Gurav 0.0% 100.0% 0.0% 100.0%

11 178 7 196 Kalewadi 5.6% 90.8% 3.6% 100.0%

0 0 6 6 Chikhali 0.0% 0.0% 100.0% 100.0% 14 225 18 257 Total

5.4% 87.5% 7.0% 100.0%

Table No. 3.21 Distribution of PAP According to Total Area of Land

Total Area of Land

Upto 20 20 to 50 50 to 100 100 to 200 200 + NRSP Total

0 2 7 2 0 9 20 Wakad 0.0% 10.0% 35.0% 10.0% 0.0% 45.0% 100.0%

1 9 19 6 0 0 35 Pimple Gurav 2.9% 25.7% 54.3% 17.1% 0.0% 0.0% 100.0%

50 79 51 16 0 0 196 Kalewadi 25.5% 40.3% 26.0% 8.2% 0.0% 0.0% 100.0%

0 2 2 1 1 0 6 Chikhali 0.0% 33.3% 33.3% 16.7% 16.7% 0.0% 100.0% 51 92 79 25 1 9 257 Total

19.8% 35.8% 30.7% 9.7% 0.4% 3.5% 100.0%

Table No. 3.22 A Distribution of PAP According to Loss of Area

Loss of Area

Upto 20 20 to 50 50 to 100 100 to 200 NRSP Total

0 2 7 2 9 20 Wakad 0.0% 10.0% 35.0% 10.0% 45.0% 100.0%

3 12 15 5 0 35 Pimple Gurav 8.6% 34.3% 42.9% 14.3% 0.0% 100.0%

55 81 46 14 0 196 Kalewadi 28.1% 41.3% 23.5% 7.1% 0.0% 100.0%

0 2 2 2 0 6 Chikhali 0.0% 33.3% 33.3% 33.3% 0.0% 100.0% 58 97 70 23 9 257 Total

22.6% 37.7% 27.2% 8.9% 3.5% 100.0%

Table No. 3.22 B Distribution of PAP According to Percent Loss of Land

Percent Loss of Land

Upto 25 25 to 50 50 to 75 75 to 100 NRSP Total

0 0 0 11 9 20 Wakad 0.0% 0.0% 0.0% 55.0% 45.0% 100.0%

2 2 1 30 0 35 Pimple Gurav 5.7% 5.7% 2.9% 85.7% 0.0% 100.0%

3 6 6 181 0 196 Kalewadi 1.5% 3.1% 3.1% 92.3% 0.0% 100.0%

0 0 1 5 0 6 Chikhali 0.0% 0.0% 16.7% 83.3% 0.0% 100.0%

5 8 8 227 9 257 Total 1.9% 3.1% 3.1% 88.3% 3.5% 100.0%

Table No. 3.23 Distribution of PAP (Commercial) according to Structure Type

Structure Type BRT Route

Village Permanent

Semi-Permanent Temporary Total

37 10 6 53 Wakad

69.8% 18.9% 11.3% 100.0% 2 11 0 13

Nashik Phata- Wakad Pimple

Nilakh 15.4% 84.6% 0.0% 100.0% 10 10 10 30

Kalewadi 33.3% 33.3% 33.3% 100.0%

8 0 0 8 MIDC

100.0% 0.0% 0.0% 100.0% 0 10 26 36

Kalewadi-Dehu

Chikhali 0.0% 27.8% 72.2% 100.0% 57 41 42 140

Total 40.7% 29.3% 30.0% 100.0%

Table No. 3.24 Distribution of PAP (Commercial) according to PAP Category

PAP Category BRT Route

Village Title Holder Commercial

Non-title Holder

Commercial Total 13 40 53

Wakad 24.5% 75.5% 100.0%

0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 100.0% 100.0% 25 5 30

Kalewadi 83.3% 16.7% 100.0%

8 0 8 MIDC

100.0% 0.0% 100.0% 22 14 36

Kalewadi-Dehu

Chikhali 61.1% 38.9% 100.0%

68 72 140 Total

48.6% 51.4% 100.0%

Table No. 3.25 Distribution of PAP (Commercial) according to Remark

Remark BRT Route

Village Court Case

No Remark

Rejected Response Total

5 46 2 53 Wakad

9.4% 86.8% 3.8% 100.0% 13 0 0 13

Nashik Phata- Wakad Pimple

Nilakh 100.0% 0.0% 0.0% 100.0% 0 30 0 30

Kalewadi 0.0% 100.0% 0.0% 100.0%

0 8 0 8 MIDC

0.0% 100.0% 0.0% 100.0% 0 23 13 36

Kalewadi-Dehu

Chikhali 0.0% 63.9% 36.1% 100.0% 18 107 15 140

Total 12.9% 76.4% 10.7% 100.0%

Table No. 3.26 Distribution of PAP (Commercial) according to Education

Education BRT Route

Village Illiterate Graduate Secondary Total

1 0 52 53 Wakad

1.9% 0.0% 98.1% 100.0% 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 100.0% 100.0% 0 1 29 30

Kalewadi 0.0% 3.3% 96.7% 100.0%

0 0 8 8 MIDC

0.0% 0.0% 100.0% 100.0% 0 0 36 36

Kalewadi-Dehu

Chikhali 0.0% 0.0% 100.0% 100.0%

1 1 138 140 Total

0.7% 0.7% 98.6% 100.0%

Table No. 3.27 Distribution of PAP (Commercial) according to Occupation

Occupation BRT Route

Village Business N.Appl Total

53 0 53 Wakad

100.0% 0.0% 100.0% 13 0 13

Nashik Phata- Wakad Pimple

Nilakh 100.0% 0.0% 100.0% 29 1 30

Kalewadi 96.7% 3.3% 100.0%

8 0 8 MIDC

100.0% 0.0% 100.0% 36 0 36

Kalewadi-Dehu

Chikhali 100.0% 0.0% 100.0%

139 1 140 Total

99.3% 0.7% 100.0%

Table No. 3.28 Distribution of PAP (Commercial) according to Religion

Religion BRT Route

Village Hindu Muslim Christian

Non specific Total

52 0 1 0 53 Wakad

98.1% 0.0% 1.9% 0.0% 100.0% 0 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 0.0% 100.0% 100.0% 23 3 0 4 30

Kalewadi 76.7% 10.0% 0.0% 13.3% 100.0%

7 0 0 1 8 MIDC

87.5% 0.0% 0.0% 12.5% 100.0% 12 10 0 14 36

Kalewadi-Dehu

Chikhali 33.3% 27.8% 0.0% 38.9% 100.0%

94 13 1 32 140 Total

67.1% 9.3% 0.7% 22.9% 100.0%

Table No. 3.29 Distribution of PAP (Commercial) according to Caste

Caste BRT Route

Village Open OBC SC ST NRSP Total

41 10 2 0 0 53 Wakad

77.4% 18.9% 3.8% 0.0% 0.0% 100.0% 0 0 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 21 3 2 0 4 30

Kalewadi 70.0% 10.0% 6.7% 0.0% 13.3% 100.0%

7 0 0 0 1 8 MIDC

87.5% 0.0% 0.0% 0.0% 12.5% 100.0% 21 0 0 1 14 36

Kalewadi-Dehu

Chikhali 58.3% 0.0% 0.0% 2.8% 38.9% 100.0%

90 13 4 1 32 140 Total

64.3% 9.3% 2.9% 0.7% 22.9% 100.0%

Table No. 3.30 Distribution of PAP (Commercial) according to Vulnerability

Vulnerability BRT Route

Village Vulnerable

Non Vulnerable NRSP Total

3 49 1 53 Wakad

5.7% 92.5% 1.9% 100.0% 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 100.0% 100.0% 1 25 4 30

Kalewadi 3.3% 83.3% 13.3% 100.0%

0 8 0 8 MIDC

0.0% 100.0% 0.0% 100.0% 1 21 14 36

Kalewadi-Dehu

Chikhali 2.8% 58.3% 38.9% 100.0%

5 103 32 140 Total

3.6% 73.6% 22.9% 100.0%

Table No. 3.31 Distribution of PAP (Commercial) according to Type of Family

Type of Family BRT Route

Village Nuclear Joint N.Appl Total

23 21 9 53 Wakad

43.4% 39.6% 17.0% 100.0% 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 100.0% 100.0% 10 15 5 30

Kalewadi 33.3% 50.0% 16.7% 100.0%

0 8 0 8 MIDC

0.0% 100.0% 0.0% 100.0% 3 20 13 36

Kalewadi-Dehu

Chikhali 8.3% 55.6% 36.1% 100.0% 36 64 40 140

Total 25.7% 45.7% 28.6% 100.0%

Table No. 3.32 Distribution of PAP (Commercial) according to Size of Family

Size of Family BRT Route

Village 4 to 5 6 to 7 NRSP Total

21 23 9 53 Wakad

39.6% 43.4% 17.0% 100.0% 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 100.0% 100.0% 7 18 5 30

Kalewadi 23.3% 60.0% 16.7% 100.0%

0 8 0 8 MIDC

0.0% 100.0% 0.0% 100.0% 3 20 13 36

Kalewadi-Dehu

Chikhali 8.3% 55.6% 36.1% 100.0% 31 69 40 140

Total 22.1% 49.3% 28.6% 100.0%

Table No. 3.33 Distribution of PAP (Commercial) according to

Category of Business

Category of Business

Eatery Shop Garage Hotel Engineering

Scarp Shop Other NRSP

5 24 6 4 0 0 10 4 Wakad

9.4% 45.3% 11.3% 7.5% 0.0% 0.0% 18.9% 7.5%

2 5 0 1 0 0 5 0 Pimple Nilakh 15.4% 38.5% 0.0% 7.7% 0.0% 0.0% 38.5% 0.0%

3 12 2 2 1 0 10 0 Kalewadi

10.0% 40.0% 6.7% 6.7% 3.3% 0.0% 33.3% 0.0% 0 5 0 0 2 0 1 0

MIDC 0.0% 62.5% 0.0% 0.0% 25.0% 0.0% 12.5% 0.0%

2 4 0 1 2 25 2 0 Chikhali

5.6% 11.1% 0.0% 2.8% 5.6% 69.4% 5.6% 0.0% 12 50 8 8 5 25 28 4

Total 8.6% 35.7% 5.7% 5.7% 3.6% 17.9% 20.0% 2.9%

Table No. 3.34 Distribution of PAP (Commercial) according to

Total Number of Employees in Business Total Number of Employees in Business

BRT Route

Village 1

person 2 to 3

persons

More than 4

persons NRSP Total 11 7 26 9 53

Wakad 20.8% 13.2% 49.1% 17.0% 100.0%

0 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 0.0% 100.0% 100.0% 11 7 12 0 30

Kalewadi 36.7% 23.3% 40.0% 0.0% 100.0%

0 0 8 0 8 MIDC

0.0% 0.0% 100.0% 0.0% 100.0% 18 1 4 13 36

Kalewadi-Dehu

Chikhali 50.0% 2.8% 11.1% 36.1% 100.0%

40 15 50 35 140 Total

28.6% 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 Number of Family Members Participating in

Business BRT Route

Village 1 to 2 3 to 4 5 + 4 NRSP Total

22 21 1 0 9 53 Wakad

41.5% 39.6% 1.9% 0.0% 17.0% 100.0% 0 0 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 0.0% 0.0% 100.0% 100.0% 7 6 7 5 5 30

Kalewadi 23.3% 20.0% 23.3% 16.7% 16.7% 100.0%

0 0 8 0 0 8 MIDC

0.0% 0.0% 100.0% 0.0% 0.0% 100.0% 3 2 1 17 13 36

Kalewadi-Dehu

Chikhali 8.3% 5.6% 2.8% 47.2% 36.1% 100.0% 32 29 17 22 40 140

Total 22.9% 20.7% 12.1% 15.7% 28.6% 100.0%

Table No. 3.36 Distribution of PAP (Commercial) according to

Family Dependents Family Dependents BRT

Route Village 2 to 3

persons 4 to 5

persons 6 to 7

persons NRSP Total 18 24 1 10 53

Wakad 34.0% 45.3% 1.9% 18.9% 100.0%

0 0 0 13 13

Nashik Phata- Wakad Pimple

Nilakh 0.0% 0.0% 0.0% 100.0% 100.0% 1 24 0 5 30

Kalewadi 3.3% 80.0% 0.0% 16.7% 100.0%

0 8 0 0 8 MIDC

0.0% 100.0% 0.0% 0.0% 100.0% 0 23 0 13 36

Kalewadi-Dehu

Chikhali 0.0% 63.9% 0.0% 36.1% 100.0% 19 79 1 41 140

Total 13.6% 56.4% 0.7% 29.3% 100.0%

ANNEXURE 4.1 PUBLIC CONSULTATION DETAILS DATED 05.05.09

Public Consultation Details Dated 28.06.2010

ANNEXURE 5.1 COMPARISON MATRIX OF WORLD BANK INVOLUNTARY RESETTL EMENT 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 be at least restored to the pre-project level

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 land/assets.

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.

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 providing relocation sites with appropriate facilities and services

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 Para 7.22.1 and Para 7.22.2)

This provision is made under the MPAPRA

MRTPA considers this provision through by taking in to account Floor Space Index (FSI) or Transferable Development Rights (TDR)

NRRP 2007 meets ADB IR Policy requirements

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 10.1

LIST OF THE PAPS WHO HAVE TAKEN THE BENEFITS OF EWS SCHEME

S.N Name Village 1. Parshuram Mahadev Sutar Kalewadi 2. Kundalik Vaman Sonawane Kalewadi

3. Yusuf Khan Hasanraj Pathan Pimple Nilakh

4. Vijay Kumar Tryambakrao Munde Kalewadi 5. Usman Dilawarsab Attar Kalewadi 6. Suresh Sakharam Shirsath Kalewadi 7. Bhagwan Lobhaji More Kalewadi

8. Omprakash Samvadan Vishwakarma

Kalewadi

9. Kashinath Mahadev Chikhale Chikhali 10. Vimal Maruti Balghare Chikhali 11. Pandurang Saudakar Pawar Pimple Gurav 12. Suresh Babulal Chintankar Pimple Gurav 13. Vinod Haridas Gandhi Pimple Gurav 14. Tulshiram Digambar Jagdale Pimple Gurav 15. Suresh Bhimrao Patil Kalewadi 16. Sanjay Ramchandra Gavali Pimple Gurav 17. Chandrakant Pitambar Lawane Pimple Gurav 18. Laxman Dhondiba Pawar Pimple Gurav 19. Popat Dnyaneshwor Jagtap Pimple Gurav 20. Ujjwala Rajendra Taware Pimple Gurav 21. Ashok Nathu Jade Pimple Gurav 22. Giridhar Digambar Jagdale Pimple Gurav 23. Suresh Dagdu Chille Pimple Gurav