Indigenous Peoples Plan

December 2020

IND: Tamil Nadu Industrial Connectivity Project

Rehabilitation and Resettlement of Tribal Community in Melpakkam Village of Kancheepuram Arakkonam Tiruthani Road – SH-58 (II)

Prepared by project implementation unit (PIU), Chennai Kanyakumari Industrial Corridor, Highways Department, Government of Tamil Nadu for the Asian Development Bank.

This indigenous peoples plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

CURRENCY EQUIVALENTS (as of 9 November 2020)

Currency unit – Indian rupees (INR/Rs) INR1.00 = $0.013

$1.00 = INR73.97

ABBREVIATIONS ADB – Asian Development Bank BCS – Broad Community Support BPL – Below Poverty Line CKICP – Chennai Kanyakumari Industrial Corridor Project DPR – detailed project report FGD – focus group discussions FIU – field implementation units GOI – Government of India GRC – Grievance Redressal Committee GRC – Grievance Redressal Mechanism IAY – Indira Awaas Yojana IPDP – Indigenous people development plan IPP – indigenous people plan ITDP – Integrated Tribal Development Programme LARR – Land Acquisition, Rehabilitation and Resettlement LARRU – Land Acquisition, Rehabilitation and Resettlement Unit LARRIC

– Land Acquisition Rehabilitation & Resettlement

Implementation Consultant LARRMC

– Land Acquisition Rehabilitation & Resettlement Monitoring

Consultant MGNREGA – Mahatma Gandhi National Rural Employment Guarantee

Act MIS – Management Information System OHT – overhead tank PAPs – project affected persons PIU – project implementation unit PMAY – Prime Ministers Awaas Yojana PRoW – proposed right-of-way PVTG – particularly vulnerable tribal groups RFCTLARR – The Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 R&R – rehabilitation and resettlement RSO – Resettlement Officer RoW – right-of-way SDRO – Special District Revenue Officer (Competent Authority for

Land Acquisition) SH – State Highway

TABLE OF CONTENTS

EXECUTIVE SUMMARY ....................................................................................................... I A. Introduction ........................................................................................................... i B. Involuntary Resettlement Impacts ......................................................................... i C. Consultation in the Project .................................................................................... i D. Legal Framework .................................................................................................. i E. Legislative Framework, Entitlements, Assistance and Benefits .............................ii F. Indigenous People Development Plan ..................................................................ii G. Grievance Redressal Mechanism .........................................................................ii H. Implementation Arrangements ..............................................................................ii

I. INTRODUCTION ........................................................................................................... 1 A. Introduction .......................................................................................................... 1 B. Need for an Indigenous Peoples Plan .................................................................. 2 C. Principal objectives of IPP ................................................................................... 3 D. Profile of the Community...................................................................................... 4 E. Project Impacts .................................................................................................... 6

II. SOCIO ECONOMIC INFORMATION PROFILE ............................................................. 8 A. Involuntary Resettlement Impacts ........................................................................ 8 B. Methodology Adopted .......................................................................................... 8 C. Demographic Profile of Project Displaced Households ........................................ 8 D. Socio-economic Profile ........................................................................................ 9 E. Key Socio-economic Indicators .......................................................................... 11 F. Resettlement Preferences ................................................................................. 12 G. Profile of Women Headed Household (WHH) .................................................... 12

III. CONSULTATION, PARTICIPATION AND DISCLOSURE ............................................ 13 A. Consultation in the Project ................................................................................. 13 B. Methods of Consultation .................................................................................... 13 C. Consultation during SIA Stage ........................................................................... 13 D. Focus Group Discussion at Kuminipet Hamlet of Melpakkam Village, Ranipet

District ............................................................................................................... 14 E. Key findings and Mitigation Measures................................................................ 14 F. Follow up action ................................................................................................. 15 G. Public Consultation for Irular Community of Melpakkam Village, Ranipet District

.......................................................................................................................... 16 H. Plan for further Consultation in the Project ......................................................... 18 I. Information Dissemination During Census & Socio -economic Survey

Revalidation ....................................................................................................... 18 J. Disclosure .......................................................................................................... 19

IV. LEGAL FRAMEWORK ................................................................................................. 21 A. Introduction ...................................................................................................... 21 B. ADB Policy Principles of Indigenous Peoples Safeguards ................................ 22

V. ENTITLEMENTS, ASSISTANCE AND BENEFITS ....................................................... 24 A. Introduction ...................................................................................................... 24 B. Eligibility Criteria ............................................................................................... 24

VI. RELOCATION OF HOUSING AND SETTLEMENTS.................................................... 33 A. Physically displaced households ...................................................................... 33 B. Physical Relocation Allowances Provided by the Project .................................. 33 C. Relocation Strategy .......................................................................................... 34 D. Physical Relocation Allowances Provided by the Project .................................. 34

VII. INCOME RESTORATION AND REHABILITATION ...................................................... 35 A. Loss of Livelihood in this Project ...................................................................... 35 B. Entitlements for Loss of Livelihood ................................................................... 35 C. Special Measures to Support Vulnerable Groups ............................................. 35 D. Income Restoration Measures .......................................................................... 35

VIII. INDIGENOUS PEOPLE DEVELOPMENT PLAN.......................................................... 37 A. Introduction ...................................................................................................... 37 B. Alternative Site and Constructed Houses ......................................................... 37 C. Other Infrastructure Developments ................................................................... 37 D. Income Generation Programmes...................................................................... 38

IX. RESETTLEMENT BUDGET AND FINANCING PLAN .................................................. 40 A. Introduction ...................................................................................................... 40 B. Compensation .................................................................................................. 40 C. Assistances ...................................................................................................... 40 D. Source of Funding and Fund Flow .................................................................... 41 E. Resettlement Budget Estimates ....................................................................... 41 F. Indigenous Plan Development Plan Estimates ................................................. 41 G. Disbursement of Compensation and Assistances ............................................. 43

X. GRIEVANCE REDRESSAL MECHANISM ................................................................... 45 A. Introduction ...................................................................................................... 45 B. Grievance Redressal Committee ...................................................................... 45 C. Functions of Local-Level GRC .......................................................................... 46 D. Costs ................................................................................................................ 47

XI. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION ..................................... 48 A. Land Acquisition, Rehabilitation and Resettlement Units (LARRU) ................... 48 B. Project Implementation Unit ............................................................................. 48 C. Competent Authorities ...................................................................................... 50 D. LARRIC/Agency for IPP Implementation Support ............................................. 51 E. External Monitoring .......................................................................................... 51 F. Land acquisition and Resettlement process: .................................................... 52

XII. IMPLEMENTATION SCHEDULE ................................................................................. 54 A. Introduction ...................................................................................................... 54 B. Schedule for Project Implementation ................................................................ 54

XIII. MONITORING AND REPORTING ............................................................................... 57 A. Introduction ...................................................................................................... 57 B. Internal Monitoring ........................................................................................... 57 C. External Monitoring .......................................................................................... 57 D. Indicative Indicators.......................................................................................... 57

List of Appendixes Appendix 1: Government notification of Irular community as scheduled tribe 61

Appendix 2: List of Project Affected Households ................................................................. 67 Appendix 3: Attendance Sheet and Minutes of public consultation meeting conducted

on 27 September 2019 ................................................................................... 69 Appendix 4: Resettlement site - The layout sketch and house plan ..................................... 87 Appendix 5: Resettlement site - Layout sketch of Community hall, Anganwadi, OHT,

temple etc ....................................................................................................... 89 Appendix 6: Few snapshots of the present residence of the indigenous peoples ................ 95 List of Figures

Figure 1:Location Map .......................................................................................................... 3

Figure 2: Grievance Redressal Process .............................................................................. 46

List of Tables

Table 1: Magnitude of Impact on Tribal Community .............................................................. 6

Table 2: Size of the household .............................................................................................. 8

Table 3: Age Group of Displaced Persons ............................................................................ 9

Table 4: Educational level of Displaced Persons ................................................................... 9

Table 5: Occupation of Displaced Persons .......................................................................... 10

Table 6: Monthly Household Income of Displaced Households ........................................... 10

Table 7: Source of HIV/AIDS Information ............................................................................ 11

Table 8: Key Socio-economic Indicators ............................................................................. 11

Table 9: Consultation Methods ............................................................................................ 13

Table 10: Summary of Consultation Outcome conducted by ADB team .............................. 16

Table 11: Summary of Consultation had with various other stakeholders ............................ 17

Table 12: Public Consultation and Disclosure Plan ............................................................. 18

Table 13: Entitlement Matrix ................................................................................................ 25

Table 14: Relocation Assistance for physically displaced (in addition to replacement cost for structure) ................................................................................................ 33

Table 15: Entitlement for loss of livelihood .......................................................................... 35

Table 16: Resettlement Budget ........................................................................................... 41

Table 17: Administrative Roles and Financial Powers of LARRU ........................................ 48

Table 18: Competent Authority for Approvals ...................................................................... 50

Table 19: Implementation Schedule .................................................................................... 55

Table 20: Indicators for Monitoring ...................................................................................... 58

Table 21: Reporting requirements. ...................................................................................... 59

EXECUTIVE SUMMARY A. Introduction 1. The Government of Tamil Nadu has proposed to upgrade its road network under Chennai Kanyakumari Industrial Corridor Project (CKICP) that aims at improving the transport infrastructure, such as connectivity of industrial nodes to ports, urban areas, other nodes and critical hinterland areas, with financial assistance from the Asian Development Bank (ADB). The Highways Department of Tamil Nadu has been mandated to undertake improvement and upgradation of various state highways at different locations in the State under this project. The proposed project will support up gradation and improvement of the identified 15 road projects totalling of about 655 kilometers (km) spread across the State. Chengalpattu Kancheepuram Arakkonam Tiruthani road (km 66/940 to km 104/200 of SH-58 section II) is one of the 15 road projects proposed under CKICP. 2. Detailed project report (DPR) for the Chengalpattu Kancheepuram Arakkonam Tiruthani road was prepared in 2015 and revalidation and updating the DPR was done in 2019. As part of the DPR updating, fresh census resurvey was done to quantify the adverse social impact within the corridor of impact. The census resurvey conducted from 15 to 22 March 2019 identified 41 tribal households getting displaced at the proposed Arakkonam bypass.

3. After the screening, a social impact assessment was done during the 15 to 22 March 2019. As per the social impact assessment done by the resettlement plan implementation support consultant it is found that the health, education, and social security status of the community are extremely poor comparing to the mainstream communities. Hence the project has been categorised as category “B’ with respect to indigenous people. An indigenous people plan (IPP), including assessment of social impacts, is required. B. Involuntary Resettlement Impacts 4. This IPP is based on the census and socio-economic survey revalidation carried out in March 2019. The revalidation is done as per the final and detailed design of the road project. The census survey identified 27residential title holder households,1 residential cum commercial title holder households, 11 residential non-titleholder households and 2 land only impacted title holder households are getting affected (a total of 41 households). 0.36.00Ha of land owned by the tribal households also would be acquired. C. Consultation in the Project 5. In order to engage the tribal community and enhance their understanding about the project and address the concerns and issues pertaining to compensation, rehabilitation and resettlement (R&R), individual interviews, focus group discussions (FGD) and public consultations were organised at various stages of the study. Apart from the consultations had with the affected tribal group FGDs were undertaken with various other stakeholders. Consultations were undertaken on 15 March 2019 during the screening and social impact assessment. The opinions of the stakeholders and their perceptions were obtained during these consultations. People were informed about the census and socio-economic data revalidation activities as well. The consultations with the stakeholders will continue throughout the implementation of the project. The details are mentioned in Chapter III. D. Legal Framework 6. A scheduled tribe is identified by the Constitution of India, taking into consideration various factors such as (i) primitive traits; (ii) distinctive culture; (iii) geographical isolation;

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and (iv) social and economic backwardness, and others. But identification of tribes is a state subject. Thus, the scheduled tribe is judged by one or a combination of these factors by the respective state. Irular is one of the ethnic communities in Tamil Nadu, as per The Constitution of India (scheduled tribes) order 1950.This IPP has been prepared based on the various provisions of The Constitution of India, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 and ADB’s Safeguard Policy Statement 2009. E. Legislative Framework, Entitlements, Assistance and Benefits

7. The entitlements for the (CKICP) are based on national law: RFCTLARR Act, 2013, state laws and regulations and ADB’s Safeguard Policy Statement, 2009. For TH, the date of preliminary land acquisition notification will be treated as the cut-off date. The census revalidation has been carried in 15 March 2019. The entitlement matrix for the CKICP summarizes the types of losses and the corresponding nature and scope of entitlements is in compliance with national and/or state laws, in particular the RFCTLARR Act, 2013 and ADB’s Safeguards Policy Statement, 2009. The total resettlement cost for the implementation of IPP is INR43.03 million.

F. Indigenous People Development Plan 8. Indigenous people development plan (IPDP) has been prepared in consultation with various departments. CKICP will be providing resettlement site and house for all the 27 residential title holders, 1 residential cum commercial titleholder, 11 residential squatters and for the 2 land only affected title holders. The project is planning to develop a residential colony with all the basic infrastructures like streetlights, 24 hours water supply, community hall, Anganvadi building, temple etc. for all 41 household who are getting affected irrespective of their ownership. Schemes to provide income generation for the men in the community and providing livestock for the welfare of the females in the community are included in the development plan. All sorts of need assessment trainings will be provided for uplifting the indigenous people to the mainstream. G. Grievance Redressal Mechanism 9. Grievance redressal committee (GRC) will be established at two-levels, one at the local level and another at project level, to receive, evaluate and facilitate the resolution of affected persons concerns, complaints, and grievances. H. Implementation Arrangements 10. To expedite land acquisition and implement the provisions of the IPP, one Special District Revenue Officer (SDRO) at Kancheepuram with 6 Tahasildar units have been constituted and all are operational. This road comes under the jurisdiction of Kancheepuram region land acquisition, rehabilitation, and resettlement units (LARRU). LARRU are headed by, Kancheepuram SDRO and is supported by a resettlement officer (RSO), Kancheepuram and Special Tahasildar, Kancheepuram and Arakkonam. A Land Acquisition, Rehabilitation and Resettlement (LARR) implementation support consultant has also been hired by the CKICP and the agency is in place since February 2019. The office of the Project Director, CKICP, Chennai, Highways Department, Government of Tamil Nadu will be the project implementation unit (PIU) and will be overall in charge of coordination between the six division engineers (H) and the four SDROs (LA).The PIU will be headed by the Project Director and supported by the chief engineer with a full-fledged unit under him. An SDRO, RSO have been posted at the PIU to coordinate with the four LARRU and assist Project Director, PIU in LARR matters. In view of the significance of resettlement impacts in this

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road, the monitoring mechanism for this project will have both monitoring by LARRU and monitoring by an LARR monitoring consultant.

I. INTRODUCTION A. Introduction 1. The Government of Tamil Nadu has proposed to upgrade its road network under Chennai Kanyakumari Industrial Corridor Project (CKICP) that aims at improving the transport infrastructure, such as connectivity of industrial nodes to ports, urban areas, other nodes and critical hinterland areas, with financial assistance from the Asian Development Bank (ADB). The Highways Department of Tamil Nadu has been mandated to undertake improvement and upgradation of various state highways at different locations in the state under this project. The proposed project will support up gradation and improvement of the identified 15 road projects totalling of about 655 kilometers (km) spread across the State. Chengalpattu Kancheepuram Arakkonam Tiruthani road (km 66/940 to km 104/200 of SH-58 section -II) is one of the 15 road projects proposed under CKICP. 2. Detailed project report (DPR) for the Chengalpattu–Kancheepuram (Thiruthani) road was prepared in 2015 and revalidation and updating the DPR was done in 2019. As part of the DPR updating, fresh census survey was done to quantify the adverse social impact. The census survey conducted from 15 to 22 March 2019 identified 41 households (27 residential title holders, 1 residence cum commercial title holder, 11 non-title holders and 2 land only affected title holder) belonging to tribal community getting displaced at the proposed Arakkonam bypass. This 41 households are categorised as indigenous people belonging to the scheduled tribal community –“Irular”.The notification of Irular community as scheduled tribe is attached as Appendix 1. 3. After the screening, a social impact assessment was done during the 15 to 22 March 2019. As per the social impact assessment done by the resettlement plan implementation support consultant it is found that the health, education, and social security status of the community are extremely poor comparing to the mainstream communities. Hence the project has been categorised as category ‘B’ with respect to indigenous people.1 An indigenous peoples plan (IPP), including assessment of social impacts, is required.

4. The main objective of an IPP is design and implement the project in a way that fosters full respect for Indigenous People’s identity, dignity, human rights livelihood systems, and cultural uniqueness as defined by the indigenous people themselves so that they (i) receive culturally appropriate social and economic benefits; (ii) do not suffer adverse impacts as a result of projects; and (iii) can participate actively in projects that affects them. 5. This IPP was prepared based on the social impact assessment done during 15 March to 22 March 2019 by the resettlement plan implementation support consultant (M/s Associated Group of Engineers Environmentalists and Sociologists - the team comprised qualified and experienced experts and that draw on indigenous knowledge and participation

1 Indigenous Peoples

The impacts of an ADB-supported project on indigenous peoples is determined by assessing the magnitude of impact in terms of (i) customary rights of use and access to land and natural resources (ii) socioeconomic status. (iii) cultural and communal integrity (iv) health, education, livelihood, and social security status; (v) the recognition of indigenous knowledge; and (vi) the level of vulnerability of the affected Indigenous Peoples community. Projects are classified into the following four categories: Category A. A proposed project is likely to have significant impacts on indigenous peoples. An indigenous people plan (IPP), including assessment of social impacts, is required. Category B. A proposed project is likely to have limited impacts on indigenous peoples. An IPP, including assessment of social impacts, is required. Category C. A proposed project is not expected to have impacts on indigenous peoples. No further action is required.

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by the affected indigenous peoples communities). Data collected during consultations with affected people, focus group discussions had with various stakeholders, census, and base line socio economic survey etc were also used to develop this report.

6. Various round of formal and informal discussions with project implementation unit (PIU), Kancheepuram land acquisition, rehabilitation, and resettlement units (LARRU) and Kancheepuram field implementation units (FIU) of CKICP were also done. literature review was done to understand the background of the affected community and planning the consultation strategy. Consultation with other social benefits delivery agencies of Tamil Nadu state government, such as school, Panchayath Raj Institutions, primary health centers, anganwadies (pre-school) were also done during the process of preparation of IPP.

7. A communication strategy for continuous involvement of the affected people is also developed. The mitigation measures with sufficient budget included in this IPP. The grievance redressal mechanism of the project would be (discussed in this report) appropriately reworked. Project will resettle all the affected families also help them to upgrade their living standards. The measures discussed herein comprise specific actions to be implemented and monitored during program implementation and are integrated into the proposed program design and monitoring framework. Since these 41 households are living in the middle of the non-tribal groups’ maintenance of Indigenous culture and achievement of socio-economic ‘equity’ is challenging to project team 8. The plan was prepared in accordance with the various articles of Constitution of India, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 and ADB Safeguard Policy Statement 2009. 9. This IPP, discuss about the socio-economic profile of the affected tribal families, details of discussions and/or consultations had with them, specific intervention to resettle and enhance the living standards of the displaced families, tentative budget, grievance redressal mechanism, implementation schedule, monitoring indicators etc. B. Need for an Indigenous Peoples Plan 10. As of 2011 India census it is found that 189,621 Irular community people lives in various parts of Tamil Nadu. Irular community is one of the most vulnerable tribal population of the state and they prefer to stay in groups. Since 2 decades, Irular community from their original place, Nilgiri hills started moving to various parts of southern states of India in smaller groups in search of livelihood opportunities. They settled in various parts of Tamil Nadu and neighbouring state Kerala where they found to have opportunities for their livelihood. The affected unit comprise 41 households settled in a water tank bed in Kuminipet hamlet in Melpakkam Village. From there, due to regular flood the group has been resettled to the present location which is 2 km away and all the households were given patta for the land on 30 September 2012. The indigenous peoples community started to mingle with the general community people in the area for getting job opportunities like tree cutting, daily wage labour works in agricultural areas etc. The SH-58 (II) road alignment proposes a bypass to reduce the high impact in the linear. The above stated tribal settlement is getting affected near the railway over pass proposed in the proposed bypass. Acquisition of this land is necessary (as per the technical point of view) to construct railway over bridge at bypass. The affected land is not coming under traditional or customary land of Irular community. So Broad Community Support (BCS)2 is not required. As per ADB Safeguard

2 BCS is required when project activities involve (a) commercial development of the cultural resources and

knowledge of indigenous peoples, (b) physical displacement from traditional or customary lands; and (c) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual use that define the identity and community of indigenous peoples.

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Policy Statement, 2009 guidelines since high involuntary resettlement of scheduled tribes community is identified IPP is proposed. Location map is given in figure -1 below.

Figure 1:Location Map

11. As discussed above to construct the bypass acquisition of land owned by the tribal community also required (land allotted to tribal community around 10 years back) and the acquisition would adversely impact 41 Irular community households. The 41 households comprise 27 residential titleholder, one residential cum commercial titleholder, 11 residential squatters and 2 land only affected title holders. Even though the 10 non-title holder and 1 residential title holder are not coming inside the corridor of impact CKICP has decided to provide resettlement benefits for all in addition to the compensation determined as per the land acquisition act. C. Principal objectives of IPP

12. The principal objective of this IPP is to:

• Ensure that project benefits are accessible to the indigenous community living in the project area;

• Avoid any kind of adverse impact on the indigenous community to the extent possible and if unavoidable ensure that adverse impacts are minimized and mitigated before acquisition;

• Ensure indigenous peoples participation in the entire process of preparation, implementation and monitoring of project;

• Ensure the R&R of the indigenous peoples by providing alternative land and house;

• Ensure that all government declared welfare schemes and benefits are availed by the indigenous peoples;

• Minimize further social and economic imbalances within communities; and

• Develop appropriate training in income generation activities in accordance to their own defined needs and priorities.

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D. Profile of the Community 13. Indigenous peoples in India comprise an estimated population of 104 million or 8.6% of the national population (2011 India Census). Although there are 705 officially recognized ethnic groups, there are many more ethnic groups that would qualify for the scheduled tribe status, but which are not officially recognized. Therefore, the total number of tribal groups is undoubtedly higher than the official figure. The largest concentrations of indigenous peoples are found in the seven north eastern states of India and central tribal belt. The so-called "central tribal belt" that stretches from Rajasthan to West Bengal. 14. In Tamil Nadu, there are 36 notified tribes (refer to Appendix 1 list of tribes in Tamil Nadu) according to the notified Schedule under Article 342 of the Constitution of India. Among these 36 tribes, the Government of India has identified 6 tribes, namely: (i) Irular; (ii) Kattunayakan; (iii) Kota; (iv) Korumba; (v) Paniyan; and (vi) Toda tribes as particularly vulnerable tribal groups (PVTGs; earlier primitive tribal groups-primitive tribal groups)3. All the PVTGs in Tamil Nadu are found in the Niligiri District, which is far away from the project area. In addition to PVTGs, tribal pockets in India are classified as Integrated Tribal Development Programme (ITDP), Modified Area Development Approach and Clusters. However, Tamil Nadu has only ITDP Areas.4 A total of ten ITDP pockets are in districts of (i) Namakkal-1, (ii) Salem-4; (iii) Tiruvannamalai-1; (iv) Dharmapuri-1; (v) Villupuram-1; (vi) Tiruchirappalli-1; and (vii) Vellore-1. 15. The Irulars are Dravidian ethnic group, a tribal community who lived mainly in Nilgiri hills in the southern parts of India. Ethnically they belong to the Negrito ethnic group. Studies have shown that Irula tribe have same ancestry of pre-Indus valley civilisation people. Their language, Irula, is a mix of Tamil and Kannada. The name Irular means ‘people of darkness’ in Tamil. This could refer to either their dark complexion or the fact that their important events traditionally take place in the darkness of night. 16. Traditionally the main occupation of the Irulars were snake and rat catching besides trading in snakeskin and forest product such as honey, bees wax and forest wood. The Irula economy began to decline after the laws to prevent snakeskin trade and preserve forest regions were enacted. But things have improved after the spread of education and alternative livelihood options were made available. Their story is one of struggle against the invasion of modern civilisation and a reinvention of their own way of life. The Irular community started moving to other parts of the state and also to the neighbouring state Kerala in search of livelihood opportunities. They started to work as labourers (coolies) in the fields of the landlords during the sowing and harvesting seasons or in the rice mills. Fishing and cattle farm are also a major occupation of the community. Farmers make use of Irulars skills to combat the rats from destroying their faming. Irulars snake and rat catching skills are made use even by foreign countries, one such incident was for catching 14 Pythons in the state of Florida, America.

3 PVTGs are tribal communities among the scheduled tribes who live in near isolation in inaccessible habitats.

They are characterized by a low rate of population growth, pre-agricultural level of technology and extremely low levels of literacy (Panchayats Extension to Scheduled Areas Act, 1996).

4 The ITDPs are generally contiguous areas of the size of a Block (group of villages) or Taluka in which the scheduled tribe population is 50% or more of the total population. ITDP areas have a separate administrative structure headed by a project officer to implement various development programs.

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Images of Irular people in their traditional attire.

Source: Wikipedia.

17. As of 2011 census the population of Irular community in India is estimated as 203,382 out of which 189,621 are settled in Tamil Nadu and 23,721 in Kerala. In Tamil Nadu they live in the Nilgiris, Coimbatore, Erode, Namakkal, Salem and Dharmapuri. In Kerala they live in the Palakkad district, Attapady and Walayar panchayaths which are areas sharing boarders with Tamil Nadu state. In Coimbatore district 4,254 Irulars live in 40 settlements comprising of 139 villages. Nearly 100 VettakadaIrular settlements are found in the forest areas and in the deep mountain jungles. There are 44 tribal settlements in the Siruvani hills in Kerala comprising 14 villages. 18. The project affected tribal community comprising of 41 households, got settled in aneriporambokku (water course porambokku) in Kumilapeta hamlet in Melpakkam village of Nemili Taluk (Now its Arakkonam Taluk). To issue patta (title deed) for the eriporambokku was not possible as per judgement of Hon’ble High Court. The incidents of death caused due to drowning during flood was also a reason to resettle the tribal community to a safer place. From there the group has been resettled to the present location which is just 2 km away in the same village and all the households were give patta for the land on 30 September 2012 under Natham Nilavarai Thittam by Nemli Tahasildar. The present impact land where the Irular community settle is not their traditional land its where they were resettled by the Government of Tamil Nadu in the year 2012. The Irulars settle here does not practice their traditional means of occupation like rat and snake catching as their means of livelihood. They depend on other means like tree cutting, labour works in nearby agricultural fields, daily wage workers etc. None of them have a permanent means of livelihood. 19. Taking into consideration the vulnerability and the indigenous nature of these ethnic project affected persons (PAPs) project has decided to resettle them better than the present situation by providing alternative land and constructed houses with all the basic infrastructures. The alternative site identified is very adjacent to the present impact area. Project has also suggested mitigation measures to uplift the social standards of the affected persons. The IPP is prepared in consultation with the affected displaced persons. Public consultation by participating ADB safeguard specialist, LARRU, FIU and consultant was conducted in the month of September 2019. Providing employment with contractors for the

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tribes willing to work, Awareness on HIV/AIDS, road safety, health and hygiene are proposed in the IPP. E. Project Impacts 20. The towns and villages along the project road will improve connectivity with the national highways and connectivity to the NH-48, the section of Chennai to Kanyakumari Industrial Corridor. This will lead to industrial growth along this road that will result in employment generation. Further, the improvements proposed under this road will improve connectivity for the local community living in the vicinity to markets, health care facilities, and educational institutions due to better designed roads. As action plan has been developed to resettle the displaced tribal community awfully close to the existing location with better infrastructure and connectivity with the upcoming highway would certainly expose to new livelihood opportunities to the community members including the females of the groups. All the 41 households located in Irular colony both majorly and minorly affected, belonging to title holder and non-title holder category and also two indigenous peoples belonging to land only category will be resettled as a single unit. The resettlement site will be developed as a gated community, which will provide social security as well as to the group also. All the facilities for religious practicing and other cultural activities will be provided at the resettlement site. The proposed resettlement site is adjacent to the existing location hence the resettlement will not make any disturbance in their day to day life. 21. The impact to the Irular colony is due to the proposed Arakonam bypass, which will avoid the adverse social impact in the built-up area of Arakonam town. A railway over bridge is also proposed at this location, hence the community will not have direct access to the high-speed road and the resettlement site will be connected to the highway with a service road. The proposed new community of these households is adjacent to their current location and the new location will have better housing facilities and socio-civic amenities. The community will have a safer and better condition once moved. Hence the community can maintain their ethnicity within a developed zone, which will provide better living standard and cultural enrichment. However, the improvements will involve the acquisition of private land for widening and geometric improvements. Assessing all the impacts, both positive and negative, it can be considered non-significant. All activities shall be covered by the external monitoring arrangement to ensure proper and timely implementation of applicable measures and entitlement. The adverse impact of the project and the magnitude of impact on tribal community is summarised in below table.

Table 1: Magnitude of Impact on Tribal Community

Category of impact

Overall Impact (including the tribal

impact) Impact on tribal

community Percentage on the tribal community.

Total Private Land required in SH-58(II)

64.15.19 Ha 00.36.00 Ha 0.56

Total PAPs in SH-58 (II)

1727 41 2.37

Total number of affected structures

450 39 8.66

Total PAPs having major impact

143 39 27.27

Total TH residential impact

45 27 60.00

Total commercial impact

88 0 0.00

Total Res cum Com Impact

22 1 4.54

Cattle shed 0 0 0.00

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Category of impact

Overall Impact (including the tribal

impact) Impact on tribal

community Percentage on the tribal community.

Religious centers (Major)

17 1 7.00

Graveyard 0 0 0.00

Government buildings (Major)

3 0 0.00

Schools 0 0 0.00

Industries 0 0 0.00

Agricultural land 17.14.49 0 0.00

Affected trees in Private land

290 4 1.38

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II. SOCIO ECONOMIC INFORMATION PROFILE

A. Involuntary Resettlement Impacts

22. This IPP is based on the census and socio-economic survey revalidation carried out in 15 to 22 March 2019. The revalidation is done as per the final and detailed design of the road project. The census survey identified 27 residential title holders, one residential cum commercial titleholder, 11 residential non-title holders and 2 land only affected households as PAPs. The salient findings are presented in the following sections. B. Methodology Adopted

23. The census resurvey enumerated all private assets/properties and common property resources within the proposed right-of-way (PRoW) of 30m in rural sections (in bypass). For every affected household, a pretested structured questionnaire was administered during the census survey. The survey recorded details of: (i) identity of the affected household; (ii) tenure; and (iii) type, use and extent of loss to the displaced household. 24. In addition to recording the above information, detailed socio-economic characteristics, including demographic profile of members of the household, standards of living, inventory of physical assets, vulnerability characteristics, indebtedness level, health and sanitation, and ascertaining perceptions about project, resettlement options and compensation, was collected from all main building affected households. All structures were photographed and numbered for reference and record. Details of common property resources within the PRoW were also recorded. 25. All affected households were categorised as major impact including the land only cases also considering the vulnerability status. List of project affected households is presented in Appendix-2. 26. The census resurvey identified 41 building/structure/land affected households out of which one is residential cum commercial and the rest 38 are residential PAPs and 2 are only land parcels. All the 41 are required to be relocated physically and among them one also to be compensated economically. C. Demographic Profile of Project Displaced Households

27. Census and socio-economic resurvey show that out of 41 affected households 2 are women headed and remaining are men headed. All the surveyed households are following Hindu religion, and all are belonging to scheduled tribe category.

1. Household by Size of Family 28. Amongst the 41 displaced households, family of size 3 to 4 members account for 36.59%, followed by 34.15% with a family of size up to 2, family of size above 6 members account for 2.44% and family of size 5 to 6 account to 26.83%. The average size of the displaced family is 4 members.

Table 2: Size of the household Size of the Family Number Percentage

Up to 2 14 34.15

3 to 4 15 36.59

5 to 6 11 26.83

Above 6 1 2.44

Total 41 100

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Average size of the family is 4 Source: Revalidated Census and Social Survey, March 2019.

2. Age group of Displaced Persons

29. The number of men aged above 65 years is higher compared to women (4.80%) in the same age group. Most of the displaced persons are in the 21 and below age group, the women account for 56.09% and men account for 55.84%. In the age group of > 21 and ≤ 35 male accounts 14.28% and women 14.63%. 22.42% displaced persons are in the age group of > 35 and ≤ 50 and 17.55% in the age group of > 50 and ≤ 65. Above 65 years it is 14.30% in males and 4.80% in females.

Table 3: Age Group of Displaced Persons

Age Group Male Female

Number Percentage Number Percentage

Up to 21 43 55.84 46 56.09

> 21 and ≤ 35 11 14.28 12 14.63

> 35 and ≤ 50 6 7.79 12 14.63

> 50 and ≤ 65 6 7.79 8 9.76

Above 65 11 14.30 4 4.80

Total 77 100.00 82 100.00 Source: Revalidated Census and Social Survey, March 2019.

D. Socio-economic Profile

1. Educational level of Displaced Persons 30. Around 63.65% amongst male and 73.18% amongst female are uneducated. Up to 5th schooling is the highest level of educational attainment for most of the males and females.10.06% of the community people have studied between 6th standard and 10th standard.

Table 4: Educational level of Displaced Persons

Educational level Male Female

Number Percentage Number Percentage Up to 5th 24 31.16 18 21.95

6th to 10th 4 5.19 4 4.87

11th and 12th 0 0.00 0 0.00

Diploma 0 0.00 0 0.00

Graduate 0 0.00 0 0.00

Postgraduate 0 0.00 0 0.00

Uneducated 49 63.65 60 73.18

Total 77 100 82 100 Source: Revalidated Census and Social Survey, March 2019.

2. Occupation of Displaced Persons

31. 24.70% among males and 12.22% among females are not in the workforce, comprising largely of children and elderly people. 23.37% of males and 82.92% females are unemployed (housewives and females who do not have permanent income-based job). Out of the total displaced persons 23.90% men are casual labourers. Occupation details are summarized in below table.

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Table 5: Occupation of Displaced Persons

Occupation

Male Female Number Percentage Number Percentage

Petty / Tea shop 0 0.00 1 1.21 Eatery 0 0.00 0 0.00 Repair / Spare part 0 0.00 0 0.00 Business/Trade 0 0.00 0 0.00 Self employed 0 0.00 0 0.00 Salaried/Pension 0 0.00 0 0.00 Industrial worker 1 1.29 0 0.00 Casual labourer 38 49.35 3 3.65 Cultivator 1 1.29 0 0.00 Agricultural labourer 0 0.00 0 0.00 Unemployed 18 23.37 68 82.92 Not in workforce 19 24.70 10 12.22

Total 77 100.00 82 100.00 Source: Revalidated Census and Social Survey, March 2019.

3. Income of Household 32. 95.12% of the households are earning between Rs1501 and Rs6,000 monthly, followed by 2.44% earn above between Rs6001 and Rs10,000. All the households belong to below poverty line (BPL) category. BPL category shall be decided based on the verifications of income certificate by the R&R officer during IPP implementation with the assistance of IPP implementation consultant.

Table 6: Monthly Household Income of Displaced Households Monthly Family Income Range Number Percentage

Up to 1,500 1 2.44

1,501 to 6,000 39 95.12

6,001 to 10,000 1 2.44

10,001 to 15,000 0 0.00

15,001 to 20,000 0 0.00

>20,000 0 0.00

Not disclosed 0 0.00

Total 41 100.00

The average monthly family income is Rs. 4529/- Source: Revalidated Census and Social Survey, March 2019.

4. Indebtedness of Household

33. The survey shows that none of the project displaced households availed loan for meeting their financial requirements. However, this shall further be verified during project implementation.

5. Health and Sanitation 34. 100% of the households reported of having taken treatment through traditional healing Out of 41 households, of the surveyed households only one responded and reported that he is aware of HIV/AIDS, how it spreads and its prevention methods also.

35. 97.56% did not respond to the question. 2.44% has heard about HIV/AIDS through radio.

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Table 7: Source of HIV/AIDS Information Source Number Percentage

Print Media 0 0.00

Radio 1 2.44

Television 0 0.00

Govt Campaign 0 0.00

Land Acquisition Rehabilitation & Resettlement Implementation Consultant (LARRIC)

0 0.00

Didn’t respond 40 97.56

Total 41 100 Source: Revalidated Census and Social Survey, March 2019.

36. In the tribal community the delivery of child took place at home itself. Village elders helped for delivery at home.

6. Impact to Vulnerable Households 37. All the households belong to scheduled tribe category. Among them 2 households belong to women headed household (WHH) also. All are treated under indigenous people. E. Key Socio-economic Indicators

38. The key socio-economic indicators established based on the census and socio-economic survey carried out amongst the affected households in March 2019 are presented below. These indicators would form the baseline indicators that would be compared with the evaluation carried out by the independent external evaluation agency.

Table 8: Key Socio-economic Indicators

Sl.No Indicator Unit Value/Figure

a) Income (N = 41 Responded Households)

1 Monthly family income Average Rs4529

2 Number of earners Average 1.2

b) Business establishment

1 major impact Nos 1

2 Non-major impact Nos 0

Total 1

b) Housing (N=41 Affected House)

1 major impact Nos 41

2 Non-major impact Nos 0

Total 41

3 Permanent % 8.7

4 Semi-permanent % 58.7

5 Temporary houses % 32.60

c) Facilities (N=41 Responded)

8 Having separate kitchen % 53.25

9 Having separate toilet % 0

10 Having separate bath % 0

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Sl.No Indicator Unit Value/Figure

11 Houses electrified % 65.17

12 Access to piped water supply (HSC/PT)

% 100

13 LPG as fuel for cooking % 2.33

d) Demographic Details (N=41 Responded)

1 Family Size % 3.39

2 Women Headed Household % 4.65

e) Assets Owned (N=41 Responded)

1 Motorcycle % 2.33

2 Car % 0

3 Television % 18.6

4 Refrigerator % 0

5 Washing machine % 0

Source: Revalidated Census and Social Survey, March 2019.

F. Resettlement Preferences

39. The buildings affected households were asked to indicate their choice in resettlement and rehabilitation option of self-managed cash assistance or project supported housing/livelihood assistance. 100% preferred alternative land and house assistance. G. Profile of Women Headed Household

40. The project will impact on two WHHs and all are residential title holders. Both are widow. They do labour works in the nearby agricultural fields (as and when required) and earns Rs150 per day.

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III. CONSULTATION, PARTICIPATION AND DISCLOSURE A. Consultation in the Project 41. In order to engage with the tribal community and enhance their understanding about the project and address the concerns and issues pertaining to compensation, rehabilitation and resettlement several methods of consultations like individual interviews, FGD and public consultations were undertaken with the stakeholders. Consultations were undertaken during the census and socio-economic survey that was carried out as part of the revalidation of the census survey done by the implementation consultant in March 2019. The opinions of the stakeholders and their perceptions were obtained during these consultations. People were informed about the census and socio-economic data revalidation activities as well. The consultations with the stakeholders will continue throughout the implementation of the project. B. Methods of Consultation 42. Consultations and discussions were held during the census and socio-economic revalidation survey with the stakeholders, officials of the Highways Department, the implementing agency, the officials of the Revenue Department and the elected members of the local self-government. Also, in the process of finalisation of IPP consultations had with various social benefits delivery agencies like, school, primary health centres etc

C. Consultation during SIA Stage 43. During the census and socio-economic survey consultations were held with affected stakeholders of the project road, officials of the district administration, Revenue and highways officials, representatives from ADB (during pre-fact finding mission). In order to hear and address the concerns of women, women were encouraged to participate and express their concern during consultations. The consultation methods are detailed in the following table.

Table 9: Consultation Methods Stakeholders Consultation Method

Affected persons Census and socio-economic survey

Tribal community Focus group discussions (FGD)

Local body elected members Individual interview, discussion

Highways and revenue department officials Individual meeting/interview, discussion

Tribal community and general public Public consultation Meetings

Few Snap shots of Social Impact Assessment Study

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44. FGD with the Irular community people of Kuminipet hamlet were conducted on 2 June 2019.30 people attended in the meeting, out of which 23 are women participants. Similarly, Public consultation along with ADB team was also conducted at Irular colony on 27 September 2019 to elicit their opinion and concerns about the project. 35 people attended in the meeting, out of which 23 are women participants. Details FGD held is given below D. Focus Group Discussion at Kuminipet Hamlet of Melpakkam Village, Ranipet

District

45. On 2 June 2019, an FGD was organised for the scheduled tribe people of Kuminipet hamlet, Melpakkam village, Arakkonam taluk, Ranipet district who are getting affected by the project. The habitation of 28 families are coming inside the COI and 11 outside the COI of the proposed Arakonam bypass (Ch:98.054 to 98.200) of SH-58 (II). Consultant had preliminary discussions with the likely affected people. On 31 May 2019, the Land Acquisition Rehabilitation & Resettlement Implementation Consultant (LARRIC) staff contacted the community members to seek their convenience for conducting FGD in the presence of RSO Kancheepuram and the meeting was scheduled on 2 June 2019. Mrs. Sumathi RSO, Mr. Parasuraman Revenue Inspector Arakonam, Mr. Daniel Social Improvement Specialist, (LARRIC), Mr. Velu R&R Expert (LARRIC), field supervisors etc facilitated the programme. Mr. Dhinesh prepared the minutes of the FGD. 46. The objective of the FGD was to gather information about the tribal community, their living standards and to know about their resettlement plans after acquisition. Rehabilitation and Resettlement Expert of LARRIC briefed about the project and its entitlements they are supposed to receive.

E. Key findings and Mitigation Measures

• The community members are facing stigma and discrimination at all walks of their life mainly due to lack of personal hygiene;

• 10 children from the community were dropped out form the school. Special District Officer in his enquiry found out that the dropped-out children ranging from the age of 7–15 are interested in collecting plastic garbage, glass bottles (ragpickers) and earning money from that. The parents are also not taking any interest to send the drop out children back to school, as they are getting money from the children and encouraging them to continue the garbage picking;

• Children at the age group of 2 to 5 years are not attending preschool which is located within one kilometre;

• Women from this community are not allowed to do the 100 days of work under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) even though 20 of them are having Aadhar cards. LARRU has taken necessary action. The Block Development Officer, Nemili has assured to give MGNREGA Card and job opportunity;

• All the families except one is (Valli w/o Chinnapaiyan) having less than four children. 80% of the woman have undergone birth control measures;

• Tribal community people are not showing any interest to socialise, participate in common meetings like gramasabha etc.; and

• Men from this community are working as tree cutters and women are working as agricultural labourer in the nearby lands.

47. The tribal community has requested the consultant to assist them for the following needs:

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• Regular income for both men and women;

• They need work under MGNREGA scheme – 100 days of work;

• They need community certificate, since they have privileges for many government schemes;

• They should be resettled by the project by providing title deed and houses; and

• Access to basic amenities like drinking water, sanitation, transport, electricity, streetlight, burial ground, roads also should be ensured in resettling location etc.

F. Follow up action 48. These tribal communities should be facilitated to bring into the mainstream of the society. The below mentioned follow up strategies are needed:

• General awareness about stigma and discrimination and the available laws applicable for denial of one’s rights;

• Awareness generation classes and regular follow up among the tribal community on health, hygiene, family planning etc;

• Linkages with various health schemes and ensuring frequent visits of health workers to the area;

• Liaising with the PTA committee, Education department, local administration etc;

• Liaising with administrative authorities to provide preschool facilities within or nearby area and counselling the community about the importance of education;

• Help them to avail the community certificates and empower the community regarding their privileges;

• Separate indigenous plan is to be prepared to resettle the tribal community;

• Networking, resource mobilisation, and resettlement will be the major challenge;

• Further interaction is required for facilitating people’s ideas to build the new community at resettlement area; and

• Resource directory to be prepared for indigenous plan. So that we can tap resources both from the government and other non-governmental organisations.

Few snap shots of the FGD conducted

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G. Public Consultation for Irular Community of Melpakkam Village, Ranipet District

49. A Public consultation meeting was organised on 27 September 2019 with the Irular community of Melpakkam village to discuss about their resettlement with the officials of the ADB Mission, PIU, FIU, Kancheepuram and LARRIC. Around 42 members attended in the consultation meeting. Attendance Sheet and minutes of this consultation and FGD minutes participant list and photos of further meetings conducted for the LPS along with revenue officials are attached as Appendix 3. BCS is required when project activities involve (a) commercial development of the cultural resources and knowledge of indigenous peoples, (b) physical displacement from traditional or customary lands; and (c) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual use that define the identity and community of indigenous peoples. So, ADB Mission felt that , BCS is not required for this project, since Irulars are not practising their traditional activities. 50. The Officials briefed about the project and entitlement matrix in detail with the community. The PAPs raised their present issues and requested official’s support. The LARRU assured their support for the implementation of the resettlement and rehabilitation of the displaced PAPs. The ADB team members along with CKICP officials inspected the proposed alternative site, which is adjacent to the present Irular settlement.

Table 10: Summary of Consultation Outcome conducted by ADB team

Sl.No. Concern Mitigation measures proposed 1. Will patta land and

constructed houses be provided for all the colony members

All the 41 households will be resettled

2. Can project provide employment opportunities

Depending on the need assessment the men and females in the community will be given skill development trainings and job opportunities will be created.

3 Will the households without patta be resettled

Including the 11 non-title holders all will be resettled to alternative site.

4 Will they be provided the facilities for drinking water

Overhead tank (OHT) will be constructed inside the resettlement site for 24 hours water supply

5 They don’t have basic ID proof and community certificate

Quick measures will be taken to provide the ID proof and certificates

6. Pre-school facilities The infrastructure and provisions will be made inside the resettlement site itself.

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Few snap shots of the Public consultation conducted along with ADB team

Table 11: Summary of Consultation had with various other stakeholders

Sl.No. Officials Contacted Purpose of

Consultation Out Come till 21.05.2020 1 Sub Collector Ranipet Alternative Land, Issue of

Community Certificate There was no Government land available for allotment in prescribed category. Procedures for the disbursement of CC is in process

2 RDO, Ranipet Community Certificate, Election ID card, Welfare Schemes

Procedures for the disbursement of CC, ID cards and to include them in MGNREGA is in process

3 Regular Tahasildar, Arakkonam

Aadhar Card and MGNREGA cards

80% of the indigenous peoples received their Aadhar cards through camps conducted in the colony, For the remaining

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Sl.No. Officials Contacted Purpose of

Consultation Out Come till 21.05.2020 indigenous peoples one more session of the camp will be conducted in the ST Colony itself.

4 Scheduled Tribe Officer Arakkonam

Various welfare schemes, Ensure Health staff regular visits

Tribal officials’ frequent visits are done, and health staff visits in the colony for weekly health check ups

5 Principal, Government Higher Secondary School, and Primary School Arakkonam

Re enrolment of the drop out students

School authorities and PTA are ready to re-enrol the students in the next academic year itself

6 BDO Arakkonam MGNREGA Cards and other job opportunities for the indigenous peoples

Ensured to disburse MGNREGA cards for all indigenous peoples and also allot job vacancies in the panchayath.

7 Taluk Supply Officer, Arakkonam

Issue of Ration Cards Process for issuing ration cards for the cardless indigenous peoples in process

8 Regular Revenue Inspector

Issue of Certificates Started issuing the CC, Aadhar cards, ration cards.

9 Village Administrative Officer

Issue of Certificates Started issuing the CC, Aadhar cards, ration cards.

H. Plan for further Consultation in the Project

51. The extent and level of involvement of stakeholders at various stages of the project from design stage to implementation will open up the line of communication between the stakeholders and the project implementing authorities, thereby aiding the process of resolving conflicts at the early stages of the project rather than letting it escalate into conflicts resulting in implementation delays and cost overrun. Participation of the tribal community in decision-making will help mitigate adverse impacts. 52. Further consultations with tribal community will be conducted regularly during the project implementation. The LARRU, the jurisdictional Divisional Engineer (Highways), and the implementation supporting consultant will be responsible for conducting these consultations. I. Information Dissemination During Census & Socio -economic Survey

Revalidation

53. In Chengalpattu-Kancheepuram (SH-58(2)), Melpakkam colony revalidation of census survey was started on 25 March 2019 and completed on 27 May 2019 by LARRIC. The officers of field implementation unit and LARR unit attended the revalidation activity. The PAPs were briefed about the project, entitlement matrix, tentative timeline of project implementation etc during census revalidation. All the assets falling within the PRoW based on the final design were numbered in blue colour.

Table 12: Public Consultation and Disclosure Plan

Activity Task Period Agencies Remarks Screening of project and stakeholder identification

Identifying built-up sections and assessment of likely impact

September 2015

DPR Consultants

Completed

Census and Socio-economic survey

Identifying displaced persons and collected socioeconomic

March 2019 Implementation Consultant

Completed

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Activity Task Period Agencies Remarks information on displaced persons. Carrying out consultations to capture issues and concerns of people and incorporate in the design.

Revalidation of Census and Socio-economic survey

Revalidation of Census and Socio-economic survey and updating IPP

March 2019 LARRU/LARRIC Completed

Public Notification for land acquisition

Publish list of affected lands/sites in a local News paper

January 2020 LARRU As per Tamil Nadu Highways Act

Website disclosure of the IPP

IPP posted on Highways and ADB website

November 2020

PIU / ADB

IPP disclosure meetings

Carryout consultations with displaced persons on significance of impact, entitlement, implementation arrangement and GRC

December 2020

LARRU / LARRIC

After IPP is approved by ADB

Project information dissemination

Project commencement details and scheduling of civil works

February 2021 Jurisdictional DE / LARRIC

Consultation with displaced persons

Throughout IPP implementation and formal consultation meetings to be held at least once in every quarter

Throughout IPP implementation

LARRU / LARRIC

Dissemination of monitoring reports

Internal and external monitoring reports will be uploaded in the website of Highways along with corrective actions taken, if any.

Throughout IPP implementation

PIU

Dissemination of GRC actions

Summary of complaints received, and action taken will be uploaded in the website of Highways

Throughout IPP implementation

PIU

J. Disclosure

54. The IPP will be disclosed by the PIU and ADB upon its review and approval and uploaded in the CKICP website along with a summary version with the entitlement matrix translated in local language (Tamil). The translated summary of entitlement matrix will provide details of the eligibility and entitlement, institutional arrangement and grievance redressal process. Hardcopies of the entitlement matrix in Tamil will be made available at the office of the PIU, jurisdictional DE, LARRU and distributed to the displaced persons by the LARRIC. 55. Information will be disseminated to displaced persons at various stages. Information including magnitude of loss, detailed asset valuations, entitlements and special provisions, grievance procedures, timing of payments, displacement schedule, civil works schedule will be disclosed by the LARRU with assistance from the LARRIC hired for assisting in IPP implementation and this will be done through public consultation. 56. Hard copies of the full IPP will also be made available at: (i) the offices of the LARRU; (ii) office of the district collectors; (iii) Taluk Offices; and (iv) Offices of the Panchayat/Union/Municipality/Corporation, as soon as the plans are available and certainly before land is acquired for the project.

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57. Electronic version of the IPP will be placed on the official website of the project. In addition, all safeguard documents including the list of eligible displaced persons will be made available on the website. IPP will be maintained on the website throughout the life of the project.

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IV. LEGAL FRAMEWORK A. Introduction 58. This chapter presents the existing acts, rules and policies related to LARR of indigenous peoples in the state and the national level. It also identifies the Indian constitutional safeguards and the ADB safeguard policies on involuntary resettlement of indigenous peoples and their relevance to the project. A scheduled tribe is identified by the Constitution of India, taking into consideration various factors such as (i) primitive traits; (ii) distinctive culture; (iii) geographical isolation; (iv) social and economic backwardness, and others. But identification of tribes is a state subject. Thus, the scheduled tribe is judged by one or a combination of these factors by the respective state. Irular is one of the ethnic communities in Tamil Nadu, as per the Constitution (scheduled tribes) Order, 1950. Tamil Nadu does not come under the 10 scheduled areas5 in India. 59. Under the Constitution of India, several articles have been included for the protection of the Schedule Tribes in particular. These are:

(i) Article 14 – confers equal rights and opportunities to all; (ii) Article 15 – prohibits discrimination against any citizen on grounds of sex,

religion, race, caste, etc.; (iii) Article 46 – enjoins upon the state to promote with special care the

educational and economic interests of the weaker sections of the people and, in particular, the scheduled tribes, and promises to protect them from social injustice and all forms of exploitation;

(iv) Article 275 (1) – promises grant-in-aid for promoting the welfare of scheduled tribes and for raising the level of administration of the scheduled areas;

(v) Articles 330, 332, and 335 – stipulate reservation of seats for scheduled tribes in the Lok Sabha and in the State Legislative Assemblies and in services;

(vi) Article 342 – specifies those tribes or tribal communities deemed to be scheduled tribes; and

(vii) Article 338 – Appointment of special officer for the scheduled castes and scheduled tribes by the President.

60. The Government of India recognizes and seeks to protect the rights of scheduled tribes, principally through the following Acts/policies:

(i) the scheduled tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Rules, which came into force from 1 January 2008. The Act recognizes and records the rights of forest dwellers who have been residing and depending on the forest for generations for their bona fide livelihood needs, without any recorded rights;

(ii) the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 empowers the Gram Sabha in a scheduled area to prevent alienation of land in the scheduled area and to take appropriate action to restore unlawfully alienated land of a scheduled tribe; and the power to control local plans (for

5 Declaration of Scheduled Areas in India: The constitution of India authorizes the President to declare any areas

as scheduled area. The president can increase or decrease its district or alter its boundaries. He can reject such designation after consultation with the governor or can make fresh orders redefining the schedule areas. The Constitution does not mention any specific criteria for establishing the Scheduled Areas. However, since they are established for the protection of the tribals and aboriginals, the most basic criteria are a preponderance of tribal population in those areas. Further, underdevelopment and a marked disparity in economic standard of the people are also criteria. The Scheduled Areas can be established under Article 244 and 5th Schedule of the Constitution in any State except Assam, Meghalaya, Tripura, and Mizoram.

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development) and resources for such plans. The Gram Sabha has to approve any plan for social and economic development in a scheduled area before implementation and is responsible for selection of beneficiaries under any poverty alleviation or other program.

(iii) the scheduled castes and the scheduled tribes (Prevention of Atrocities) Act, 1989, which protects scheduled castes/ scheduled tribes from (a) wrongful occupation or cultivation of any land owned by them or allotted to them or lands notified by any competent authority to be allotted to, a member of a scheduled caste or a scheduled tribe and transfer of land allotted to scheduled castes/ scheduled tribes; (b) wrongful dispossession of a member of a scheduled caste or a scheduled tribe from his land or premises or interference with the enjoyment of his rights over any land, premises or water; and (c) from any forceful removal/causing of a scheduled caste or a scheduled tribe to leave his house, village or other place of residence.

(iv) In addition, the RFCTLARR Act, 2013 has special provisions for additional benefits to scheduled castes/ scheduled tribes’ families under Section 41, Subsections 1-11, and Section 42, subsections 1-3. Notably, it provides for (i) free land for community and social gatherings; (ii) in case of displacement, a displaced person is to be prepared; and (iii) continuation of reservation and other Schedule V and Schedule VI area benefits from displaced area to resettlement area. The Act meets ADB indigenous people’s policy requirement of broad community consent and of ensuring that development interventions that affect indigenous peoples should ensure that they have opportunities to participate in and benefit equitably from the interventions.

(v) The above policies and legal instruments available in India and the state are supplemented by ADB’s Safeguard Policy Statement, 2009 for the implementation of CKICP. The Safeguard Policy Statement ensures equality of opportunity to be derived from project interventions for indigenous peoples. The policy emphasizes that development interventions will be planned in a manner consistent with the needs and aspirations of affected indigenous peoples, and compatible in substance and structure with affected indigenous peoples’ culture and social and economic institutions.

B. ADB Policy Principles of Indigenous Peoples Safeguards 61. The Safeguard Policy Statement, 2009 ensures equality of opportunity to be derived from project interventions sets out the following principles for indigenous peoples safeguards in all projects in which ADB is involved:

(i) Screen early on to determine (i) whether indigenous peoples are present in, or have collective attachment to, the project area; and (ii) whether project impacts on indigenous peoples are likely.

(ii) Undertake a culturally appropriate and gender-sensitive [assessment of social impacts] 7 or use similar methods to assess potential project impacts, both positive and adverse, on indigenous peoples. Give full consideration to options the affected indigenous peoples prefer in relation to the provision of project benefits and the design of mitigation measures. Identify social and economic benefits for affected indigenous peoples that are culturally appropriate and gender and intergenerationally inclusive and develop measures to avoid, minimize, and/or mitigate adverse impacts on indigenous peoples.

(iii) Undertake meaningful consultations with affected indigenous peoples communities and concerned indigenous peoples organizations to solicit their participation (i) in designing, implementing, and monitoring measures to avoid adverse impacts or, when avoidance is not possible, to minimize, mitigate, or compensate for such effects; and (ii) in tailoring project benefits for affected

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indigenous peoples communities in a culturally appropriate manner. To enhance indigenous peoples active participation, projects affecting them will provide for culturally appropriate and gender inclusive capacity development. Establish a culturally appropriate and gender inclusive grievance mechanism to receive and facilitate resolution of the indigenous peoples’ concerns.

(iv) Ascertain the consent of affected indigenous peoples communities to the following project activities: (i) commercial development of the cultural resources and knowledge of indigenous peoples; (ii) physical displacement from traditional or customary lands; and (iii) commercial development of natural resources within customary lands under use that would impact the livelihoods or the cultural, ceremonial, or spiritual uses that define the identity and community of indigenous peoples. For the purposes of policy application, the consent of affected indigenous peoples communities refers to a collective expression by the affected indigenous peoples communities, through individuals and/or their recognized representatives, of broad community support for such project activities. Broad community support may exist even if some individuals or groups object to the project activities.

(v) Avoid, to the maximum extent possible, any restricted access to and physical displacement from protected areas and natural resources. Where avoidance is not possible, ensure that the affected indigenous peoples communities participate in the design, implementation, and monitoring and evaluation of management arrangements for such areas and natural resources and that their benefits are equitably shared.

(vi) Prepare an IPP that is based on the assessment of social impacts with the assistance of qualified and experienced experts and that draw on indigenous knowledge and participation by the affected indigenous peoples communities. The IPP includes a framework for continued consultation with the affected indigenous peoples communities during project implementation; specifies measures to ensure that indigenous peoples receive culturally appropriate benefits; identifies measures to avoid, minimize, mitigate, or compensate for any adverse project impacts; and includes culturally appropriate grievance procedures, monitoring and evaluation arrangements, and a budget and time-bound actions for implementing the planned measures.

(vii) Disclose a draft IPP, including documentation of the consultation process and the results of the [assessment of social impacts] in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected indigenous peoples communities and other stakeholders. The final IPP and its updates will also be disclosed to the affected Indigenous Peoples communities and other stakeholders.

(viii) Prepare an action plan for legal recognition of customary rights to lands and territories or ancestral domains when the project involves (i) activities that are contingent on establishing legally recognized rights to lands and territories that indigenous peoples have traditionally owned or customarily used or occupied, or (ii) involuntary acquisition of such lands.

(ix) Monitor implementation of the IPP using qualified and experienced experts; adopt a participatory monitoring approach, wherever possible; and assess whether the IPP’s objective and desired outcome have been achieved, taking into account the baseline conditions and the results of IPP monitoring. Disclose monitoring reports.

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V. ENTITLEMENTS, ASSISTANCE AND BENEFITS A. Introduction 62. The project will have two types of affected persons i.e.: (i) persons with formal legal rights to land lost in its entirety or in part; and (ii) persons who have neither formal legal rights nor recognized or recognizable claims to such land. The involuntary resettlement requirements apply to both these types of affected persons. B. Eligibility Criteria 63. In accordance with the involuntary resettlement policy principles of this project, the affected persons falling in any of the following three categories will be eligible for compensation and resettlement assistance:

(i) those who have formal legal rights to land lost in its entirety or in part (title holders / pattadars);

(ii) those who lost the land they occupy in its entirety or in part and have no formal legal rights to such land, but who have claims to such lands that are recognized or recognizable under national/state laws (forest dwellers); and

(iii) those who lost the land they occupy in its entirety or in part and have neither formal legal rights nor recognized or recognizable claims to such land (non-titled holders such as squatters and encroachers).

64. Cut-off Date: For Tribal Community, the date of preliminary notification of intended acquisition as per the provisions of State laws will be treated as the cut-off date. January 2020 is the cut-off date for tribal community affected who have ownership on the land and 15 March 2019 is the cut-off date for the non-title holders who are affected by the project. They will be given sufficient advance notice (60 days) to vacate the premises and dismantle affected structures prior to project implementation. The project will recognize both licensed and non-licensed vendors, and titled and non-titled households 65. The entitlement matrix for the CKICP summarizes the types of losses and the corresponding nature and scope of entitlements and is in compliance with National/State Laws, in particular the RFCTLARR Act, 2013 and the Requirements II on Involuntary Resettlement of the ADB’s Safeguard Policy Statement, 2009. The entitlement matrix presents the entitlements corresponding to the tenure of the affected persons in the following order:

(i) Impact to private property (Tribal Community) consisting of: (i) loss of private land; (ii) loss of private residential structure; (iii) loss of private commercial structure; (iv) loss of private other structures; (v) impact to tenants (residential / commercial / agricultural) of title holders; and (vi) impact to trees, standing crops, etc;

(ii) Additional assistance to vulnerable affected persons; and (iii) Unforeseen impacts.

66. The following is the approved entitlement matrix for the project (the entitlement matrix has been approved Vide letter No. Highways and Minor Ports (HS2) Departments, Secretariat Chennai- 9, letter (D) No. 280/HS2/2018-1 dated 13.11.2018).

25

Table 13: Entitlement Matrix

SNo Impact Category Entitlements Implementation Guidelines

Section I. TITLE HOLDERS - Loss of Private Property

1

Loss of Land (agricultural, homestead, commercial or otherwise)

a

Compensation for land Land will be acquired upon payment of compensation as per the provisions of RFCTLARR Act, 2013 Compensation rates will be, higher of (i) market value as per Indian Stamp Act, 1899 for the registration of sale deed or agreements to sell, in the area where land is situated; or (ii) average sale price for similar type of land, situated in the nearest village or nearest vicinity area ascertained from the highest 50% of sale deeds of the preceding 3 years; or (iii) consented amount paid for PPPs or private companies The market value in rural areas shall be multiplied by a factor as notified by GoTN6. Plus 100% solatium and 12% additional market value from date of 15(2) notification to award. Title holders whose land is severed, will have the option of surrendering the severed portion of the remaining unviable land7

b Agricultural landowners whose primary source of livelihood is lost due to the land acquired will be entitled for Rs.5,00,000 as onetime payment in lieu of annuity policy

Any affected family8 whose livelihood is primarily dependent (loses one-third of the annual family income due to the acquisition of the said agricultural land) on the agricultural land acquired alone will be treated as livelihood lost, will be entitled for Rs. 5,00,000/- as onetime payment in lieu of annuity policy Registered tenants in private land, registered tenant cultivators in HR & CE land and registered Bhoodan Land occupiers, who loses 1/3 of annual family income due to the acquisition of the said agricultural land will also be eligible to receive this entitlement, provided they had submitted a self- sworn affidavit that they have been tenants for 3-years

6 G.O.(Ms) No.300, Revenue &Disaster Management (LA-I(1)), dated 20.09.2017.

[Factor by which the market value to be multiplied based on the distance of the Project Area from Urban Areas is as follows: Within 30 Kilometres - by 1.25, Beyond 30 Kilometres and within 50 Kilometres - by 1.50 and Beyond 50 Kilometres - by 2.00].

7 Inserted vide amendment GO (D) No.174 of Highways and Minor Ports (HN2) Department dated 25.07.2017. 8 Family is defined as per section 3(m) of RFCTLARR Act 2013.

26

SNo Impact Category Entitlements Implementation Guidelines

prior to the date of notification.

2

Loss of residential structure

a

In addition to Compensation for land and Assistances listed above under S.No.1 Cash compensation at replacement cost with 100% solatium.

Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year. In case of partly affected house, manufactory or other building, as per Section 94 (1), the whole structure may be acquired, if the owner so desires The affected person has the option of surrendering the full house or the building when the impact is partial. In the event of the affected person not wanting to surrender the remaining portion of the building, she/he may be asked to provide her/his decision in writing to the jurisdictional SDRO. In the event the person has opted to surrender the full house or the building, when the impact is partial, the whole building has to be demolished by the affected person without fail, failing which, the whole building will be demolished by the department at the risk and cost of the affected person9.

b Right to salvage affected materials without cost

c One-time assistance of Rs.25,000 for each affected family of an artisan or self-employed and who has to relocate.

d An alternative house as per Indira Awaas Yojana (IAY) specifications in rural areas and a constructed house/flat of minimum 50 (square meter) m2. in urban areas or cash in lieu of house if opted (the cash in lieu of house will be Rs.1,20,000/-10 in line with GoI IAY standards in rural areas and Rs.1,50,000 in case of urban areas), for those who have to relocate.

Stamp duty and registration charges will be borne by the project in case of new houses or sites. Patta will be issued in the name of

the wife/women11 of the household

9 Inserted vide amendment GO (D) No.174 of Highways and Minor Ports (HN2) Department dated 25.07.2017. 10 Revised in accordance with GoI revised norms for PMAY-G (restructured IAY) vide GoTN amendment GO (D)

No.174 of Highways and Minor Ports (HN2) Department dated 25.07.2017. 11 In accordance with GO Ms.No.1763 of Revenue Department dated 19.11.1987.

27

SNo Impact Category Entitlements Implementation Guidelines

e One time transitional / subsistence allowance of Rs.36,000 for affected households who require to relocate due to the project

f Shifting assistance of Rs.50,000 for those who have to relocate

g One-time Resettlement Allowance of Rs.50,000 for those who have to relocate

h Residential structure owners, who are deriving rental income from the affected structure in the land acquired and whose livelihood is lost will be entitled for Rs. 5,00,000/- as onetime payment in lieu of annuity policy

Any affected family whose livelihood is primarily dependent (loses one-third of the annual family income due to the acquisition of the said residential structure) on the rental income from the acquired residential building will be treated as livelihood lost, will be entitled for Rs. 5,00,000/- as onetime payment in lieu of annuity policy

3

Loss of Commercial structure

a

In addition to Compensation for land and Assistances listed above under S.No.1 Cash Compensation at replacement cost with 100% solatium.

Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year In case of partly affected house, manufactory or other building, as per Section 94 (1), the whole structure may be acquired, if the owner so desires The affected person has the option of surrendering the full house or the building when the impact is partial. In the event of the affected person not wanting to surrender the remaining portion of the building, she/he may be asked to provide her/his decision inwriting to the jurisdictional Special DRO. In the event the person has opted to surrender the full house or the building, when the impact is partial, the whole building has to be demolished by the affected person without fail, failing which, the whole building will be demolished by the department at the risk and cost of the affected person12.

b Right to salvage affected materials without cost

c One-time grant of Rs.25,000 for loss of

If the business owner is different from the structure owner, the

12 Inserted vide amendment GO (D) No.174 of Highways and Minor Ports (HN2) Department dated 25.07.2017.

28

SNo Impact Category Entitlements Implementation Guidelines

trade/self-employment for the business owner

onetime grant for loss of trade/self-employment, will be paid to the business owner.

d One-time transitional livelihood and subsistence allowance of Rs.36,000 for affected households who require to relocate due to the project

e Shifting assistance of Rs.50,000 for those who have to relocate

f One-time Resettlement Allowance of Rs.50,000 for those who have to relocate

g Commercial structure owners, who are deriving business income and/or rental income from the affected structure on the land acquired, and whose primary source of livelihood is lost due to the land acquired will be entitled for Rs.5,00,000/- as onetime payment in lieu of annuity policy.

Any affected family, whose livelihood is primarily dependent (loses one-third of the annual family income due to loss of business operation carried out from the acquired commercial structure) on the business income derived from the acquired commercial structure will be treated as livelihood lost. Any affected family, whose livelihood is primarily dependent (loses one-third of the annual family income due to loss of the acquired commercial structure) on the rental income derived from the acquired commercial structure will be treated as livelihood lost.

4 Loss of other structure

a Cash Compensation for the structure at replacement cost with 100% solatium.

Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year

b One-time assistance of Rs.25,000 to all households who lose cattle shed

c Right to salvage material without cost

5

Impact to tenants (residential / commercial /agricultural)

5.1 a

Residential 1-month notice to vacate the rental premises

b Rental allowance at Rs.3,000 per month in rural areas and Rs.4,000 per month in urban areas, for six months

c Shifting assistance of Rs.10,000

5.2 a

Commercial 1-month notice to vacate the rental premises

29

SNo Impact Category Entitlements Implementation Guidelines

b Rental allowance at Rs.4,000 per month in rural areas and Rs.6,000 per month in urban areas, for six months

c Shifting assistance of Rs.10,000

d Commercial tenants will receive the one-time grant of Rs.25,000 for loss of trade/self-employment provided under 3 © above in lieu to the owner

5.3 a

Agricultural Tenants In case of agricultural tenants advance notice to harvest crops or compensation for lost crop at market value of the yield determined by the Agricultural Department

6

Impact to trees, standing crops, other properties, perennial and non-perennial crops:

a

Three months (90 days) advance notification for the harvesting of standing crops (or) lump sum equal to the market value of the yield of the standing crop lost determined by the Agricultural Department

b Compensation for trees based on timber value at market price to be determined by the Forest Department for timber trees and for other trees (perennial and fruit trees) by the Agriculture/ Horticultural Department, which includes value of productive life of fruit trees, with 100% solatium

c Loss of other properties such as irrigation wells will be compensated at replacement cost with 100% solatium.

Section II. Additional Assistance for Women (Title and Nontitle holders)

7 Loss of Land / house / shop

a

Reimbursement of stamp duty and registration charges, for purchase of property out of the compensation/R&R assistance.

The property should be purchased in the name of a women in the household and registered either in her name or jointly with one or more member of the household. The registration shall be done within 3-years from land acquisition award/R&R award.

Section III. NON-TITLE HOLDERS - Impact to squatters / Encroachers

30

SNo Impact Category Entitlements Implementation Guidelines

8

Impact to Squatters

8.1 a

Loss of House Compensation at replacement cost.

Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year.

b Right to salvage the affected materials without cost

c House construction grant of Rs.70,000 for all those who have to relocate and who do not have another house. Additional house site grant of Rs.50,000 to those who do not have a house site,

d One-time subsistence allowance of Rs.18,000

e Shifting assistance of Rs.10,000

8.2 a

Loss of shop Compensation at replacement cost

Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year

b Right to salvage the affected materials without cost

c One-time rehabilitation grant of Rs.20,000 for reconstruction of affected shop

d One-time subsistence allowance of Rs.18,000 for loss of business income

e Shifting assistance of Rs.10,000

8.3 Loss of Kiosk One-time rehabilitation grant of Rs.18,000 for Kiosks affected significantly and having to relocate

8.4 Loss of other structure Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year

a Compensation at replacement cost

b Right to salvage material without cost

8.5 a

Cultivation 2-month notice to harvest standing crops or market value of compensation for standing crops

b Fruit bearing trees Market value of compensation for fruit bearing trees

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SNo Impact Category Entitlements Implementation Guidelines

9

Impact to Encroachers

9.1 a

Cultivation 2-month notice to harvest standing crops or market value of compensation for standing crops, if notice is not given.

Replacement cost for the loss of standing crops will be decided by the SDRO in consultation with the Agriculture or Horticulture Department.

b Fruit bearing trees Market value of compensation for fruit bearing trees

9.2 a

Structure 1-month notice to demolish the encroached structure

b Compensation at replacement cost for the affected portion of the structure

Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year.

c Right to salvage material without cost

Section IV. Loss of other Livelihood Opportunities

10

Loss of employment in agricultural or non-agricultural activities or other wage workers

a Subsistence allowance equivalent to minimum agricultural wages for 3 months

Only agricultural or non-agricultural labourers who are in fulltime / permanent employment of the landowner, or full-time employees of the affected business, will be eligible for this assistance. Seasonal agricultural labourers will not be entitled for this assistance.

Section V. Impact to Vulnerable Affected Persons

11

Vulnerable Households13

a

Training for skill development to one member of each vulnerable households. This assistance includes cost of training and financial assistance for travel/conveyance and food.

One adult member of the vulnerable households whose livelihood is affected, will be entitled for skill development. The LARRU with support from the LARRIC will identify the number of eligible vulnerable persons based on the 100% census of the displaced persons and will conduct training need assessment in consultations with the displaced persons so as to develop appropriate training programmes suitable to the skill and the region. Suitable trainers or local resources will be identified by LARRU and

b One-time assistance of Rs.8,000 for physically displaced residential and economically displaced commercial vulnerable households.

13 Vulnerable Group includes but not limited to the following categories; (i) displaced persons falling under below

poverty line (BPL), (ii) landless people (iii) persons who belongs to scheduled caste and scheduled tribes, the elderly, female headed households, women and children, Indigenous Peoples and those without legal title to land.

32

SNo Impact Category Entitlements Implementation Guidelines

c Displaced Vulnerable households will be linked to the government welfare schemes, if found eligible and not having availed the scheme benefit till date.

LARRIC in consultation with local training institutes.

Section VI. Unforeseen Impacts

Unforeseen impacts encountered during implementation will be addressed in accordance with the principles of RFCTLARR Act, 2013 and ADB’s Safeguards Policy Statement.

67. Alternate land and house will provide to the community prior to the displacement. One-time rehabilitation assistances and shifting assistances paid as cash will also be disbursed prior to physical and economic displacement. However, any long-term rehabilitation measures like training for skill development and annuity for life, if any, will continue for a longer period and such rehabilitation measures will not be a bar to commence civil works.

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VI. RELOCATION OF HOUSING AND SETTLEMENTS A. Physically displaced households 68. The survey shows that 27 residential title holders,1 residential cum commercial title holder, 11 residential non-titleholders and 2 land affected households (41 HH) will require physical relocation as their residential or commercial structure will be fully affected. It is decided by the project to resettle all the 41 household irrespective of their ownership of land in alternate site with constructed houses. This section discusses about the 41 displaced households. Few snapshots of their present houses are attached as Appendix – 6 B. Physical Relocation Allowances Provided by the Project 69. In addition to the replacement cost of the structure, any household who is physically displaced from his/her residence or commercial structure because of the project will receive the following relocation allowances:

Table 14: Relocation Assistance for physically displaced (in addition to replacement

cost for structure)

1.Titleholders No. HH Remarks

An alternative house as per Indira Awaas Yojana (IAY) specifications in rural areas and a constructed house/flat of minimum 50 m2 in urban areas or cash in lieu of house if opted (the cash in lieu of house will be Rs.1,20,000/-14 in line with GoI IAY standards in rural areas and Rs.1,50,000 in case of urban areas), for those who have to relocate.

41 Alternate house will be provided to all the project displaced persons. (28 title holders, 2 land only title holders and 11 nontitle holders)

Subsistence grant of Rs. 36,000 for titled holders

28

Rs. 50,000 resettlement grant 28

Rs.50,000 Shifting assistance 28

2. Non-Title Holders No. HH Remarks

Loss of House (Squatter) Compensation at replacement cost.

11

*Replacement cost is the rate determined based on the prevailing schedule of rates updated by the panel of competent engineers every year.

House construction grant of Rs.70,000 for all those who have to relocate and who do not have another house. Additional house site grant of Rs.50,000 to those who do not have a house site

11 Alternative site and constructed houses will be provided to all indigenous peoples who do not have titleship of land and is settled in the area as of cut-off date

One-time subsistence allowance of Rs.18,000

11

Shifting assistance of Rs.10,000

11

14 Revised in accordance with GoI revised norms for PMAY-G (restructured IAY) vide GoTN amendment GO (D)

No.174 of Highways and Minor Ports (HN2) Department dated 25.07.2017.

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C. Relocation Strategy

70. The residential displaced titleholder households are entitled for a built house or cash in lieu of house in addition to compensation at replacement cost and other R&R assistances. Here all the titleholder households have opted for constructed houses and the project is providing houses for residential squatters and 2 land only households also. Through local language and in the presence of SDRO and RSO the option to decide for cash or house was communicated to the indigenous peoples. In all the consultations, mainly during ADB team visit to the Irular colony also the indigenous peoples opted for constructed houses with basic infrastructures. Majority of their present houses are of temporary structures or incomplete constructions. Hence all the indigenous peoples wilfully opted for constructed house in lieu of cash.

D. Physical Relocation Allowances Provided by the Project 71. As part of the implementation activity, the LARRU with the help of the IPP implementation consultant has consulted each displaced persons to obtain their choice based on the options available to them. LARRIC shall facilitate to resettle in coordination with LARRU, including provision for construction of House to the community.

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VII. INCOME RESTORATION AND REHABILITATION

A. Loss of Livelihood in this Project

72. The project road will cause the loss of livelihood of one commercial household. B. Entitlements for Loss of Livelihood

73. This resettlement plan includes measures to improve or at least restore income and livelihood of affected persons to pre-project levels. The entitlement matrix includes the following measures for the temporary or permanent loss of livelihood:

Table 15: Entitlement for loss of livelihood

Category of Impact

Number of

Affected Persons Provisions

Titleholder: losing commercial

structures or rent from commercial

structures

1 One-time grant of Rs.25,000 for loss of trade/self-

employment for the business owner

(PAP is running petty shop inside his residence.

There is no separate commercial structure. His

business will not get affected since he can continue

the same in the resettlement site. He is entitled for

shifting assistance, resettlement, and transitional

allowances under residential category)

74. Effort will be made by the LARRU with the support of the LARRIC to assist the displaced person in their effort to restore their income. If the displaced person so desires, the R&R assistances can be utilised to deliver suitable income restoration activities in order to leverage on the existing skills of the displaced person. The detail plans are described in indigenous peoples development plan (IPDP) chapter. C. Special Measures to Support Vulnerable Groups 75. As per the Census Survey 41 vulnerable households are affected by the project road. All the displaced households will be entitled for income generation program. D. Income Restoration Measures 76. The entitlement proposed under this project (CKICP) has adequate provisions for restoration of livelihood of the affected persons. Wherever feasible and if the displaced person so desires, income restoration schemes will be identified and implemented by the LARRU with the assistance of the implementing consultant.

77. Towards this the displaced person will be guided and assisted by the LARRU with the support of the LARRIC and Land Acquisition Rehabilitation & Resettlement Monitoring Consultant (LARRMC), in effectively using the compensation and R&R assistances towards establishing an income generating activity and re-establishing the shop/kiosk or utilising the amount for buying land or taking land on lease. The compensation for land and assets and the R&R assistances arrived at in accordance with the provisions of the RFCTLARR Act, 2013 are adequate to restore the income levels. Further, the subsistence allowance is aimed at providing long term support to the affected households and will ensure that the income levels are restored. Further, efforts will be made to provide employment to the displaced persons during the construction phase by facilitating their engagement by the civil works

36

contractor. The LARRU in consultation with the jurisdictional DE, should ensure that local people and in particular the willing displaced persons are engaged by the contractor in suitable civil work as stipulated in the contract. 78. Further, the LARRU with the assistance of the LARRIC and LARRMC will make the training need assessment and will impart training to the eligible displaced persons, in particular to the vulnerable displaced persons, for income restoration and skill up-gradation as necessary.

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VIII. INDIGENOUS PEOPLE DEVELOPMENT PLAN A. Introduction 79. This chapter discusses about the development plans the CKIC project intended to implement for the rehabilitation and the resettlement of the indigenous people. It also discusses about the various welfare schemes, need assessment, income generation programes that has been finalised after consultations with the project affected indigenous people in Arakkonam Village. It presents the proposed mechanisms for the implementation of the IPP. B. Alternative Site and Constructed Houses 80. It is identified that a total of 27 residential title holders, 1 residential cum commercial title holder, 2 land only affected title holders and 11 residential non-title holders are getting affected due to the land acquisition for construction of Arakkonam bypass in SH-58 (II) road stretch. It is found that the affected PAPs belong to scheduled tribes and they fall under the norms of Indigenous people of ADB. During the revalidation of the census survey, FGDs and public consultations all the displaced families opted for constructed houses (as per the provisions of entitlement matrix). PIU has given instructions to LARRU Kancheepuram and LARRIC (AGEES) the residential non-title holders and the land only affected title holders also include in the rehabilitation program (for receiving alternative sites and constructed houses).

81. For rehabilitating and resettling the indigenous people the project will allot patta (title deed) for 2 cents (80.92 m2) of land to each displaced family near to their present settlement.891sq. m. of balance land outside the COI will be acquired from the indigenous peoples for the development of the alternative site and the process for land acquisition notification has been completed by LARRU. The alternate site was finalised in consultation with the displaced persons. The patta will be distributed strictly in the name of female household as per the project guidelines. For the construction of houses FIU Kancheepuram is following the norms of Prime Ministers Awaas Yojana (PMAY) housing scheme which proposes 340 square foot area for each house. The layout sketches for 41RCC houses has been finalised by FIU Kancheepuram which consist of all the basic facilities in 352 square foot (wider area than the PMAY housing scheme). Each house will be provided separate electric facilities, water connection, attached toilet etc. House construction cost is estimates as INR2,56,25,000/-. ‘Lot method’ will be used for the allotment of houses for the 41 indigenous peoples. The layout sketch and house plan are attached as Appendix 4. Kancheepuram LARRU and FIU of CKICP will supervise the works in coordination with LARRIC. Only after resettling the indigenous peoples the land will be handed over to the civil for road formation.

C. Other Infrastructure Developments 82. Apart from constructed houses CKIC project is planning to develop the settlement areas of indigenous peoples as a model colony for the rest of the country to look forward while implementing R&R activities. Project will be constructing community hall for the benefit of the indigenous peoples. Streetlights, 24 hours water supply through the construction of overhead tank (OHT) inside the colony, fencing for ensuring the safety of the indigenous peoples. To safeguard their ethnicity and beliefs a temple also will be built by the project. An anganwadi (pre-school) building for the children of the indigenous peoples is also proposed in the development plan. Layout sketch of community hall, anganwadi, OHT, temple etc is attached as Appendix -5

38

D. Income Generation Programmes

83. During the consultations it is found that the Irulars followed their ancestral jobs only for their living. They have been working as wood cutter under contractors and earning around RS. 300/- per day. Few females in the community engaged in labour works in nearby agricultural fields (as and when required). None of the indigenous peoples had a permanent income. They are unaware about the other areas of job hunt and believed that it is not meant for their community people. In consultations with the indigenous peoples it was found that the men folks are interested in brick production units. 15 men shown their interest to form a self-help group and start a brick chamber under the guidance of tribal welfare department. The project will be providing required trainings for all of them interested among the indigenous peoples in the production, management etc. An amount of Rs. 3,00,000/- is allocated for the skill training and income generation programmes for men. 84. For the female members none of them are engaged in skilled jobs. They prefer to stay at home itself. It is decided by the project to connect the indigenous peoples with various Tamil Nadu Government welfare schemes in which they can generate income from staying in their houses itself. Poultry, goat farming, dairy farming etc are few of the schemes and under which project has allocated Rs. 8,01600/. This will be used for activities like construction of nest boxes for hens, cattle sheds for goats, cow, purchase cost of the livestock’s etc.

85. In addition to the above LARRIC will provide carrier guidance to the youths of indigenous peoples community, discussion with schools to improve the education level of the students of indigenous peoples community. LARRIC will guide the community in enrolling all the welfare schemes of central and state governments. Around 35% of the community people are illiterates, LARRIC will be arranging a literacy class for the illiterates with the help of educated member from the same community. The resource person will be engaged in personal tuition for the students of the community as well. The LARRIC (AGEES) will bear the cost of the same from their administrative budget.

86. The poor hygiene conditions of the indigenous peoples are to be addressed. Health and hygiene awareness classes to be organised in consultation with the primary health department, National Rural Health Mission, tribal department etc. Individual and group counselling’s will be organised by LARRIC for enforcing conditioned behaviour changes in the indigenous peoples. Alcoholism, regular usage of pan masalas by the indigenous peoples are having adverse effect on the health of the indigenous peoples. This also will be addressed during the counselling phase. Even though the indigenous peoples practice primitive methods of treatments they should be made aware about the importance of health and hygiene.

87. Awareness programmes on road safety, HIV/AIDS, bonded labour, child labour, human trafficking, women empowerment etc will be organised by LARRIC for the indigenous peoples. During the withdrawal stage of LARRIC the IP community will be linked with various LARRICs working in similar areas and frequent monitoring will be done by tribal department, local body, LARRU, FIU, LARRIC etc till a sustainability occurs in the initiated activities.

88. The indigenous peoples will be guided and assisted by the LARRU with the support of the LARRIC and LARRMC, in effectively using the compensation and R&R assistances. Lack of no proper income, alcoholism, illiteracy is the main reason for the indigenous peoples not having any savings habit. Separate counselling, awareness classes will be provided to them to ensure the habit of monetary savings for future betterment and to invest in purchase of assets, education of their children etc. LARRIC will explore the possibility of formation of self – help groups among the indigenous peoples with the help of social welfare officer of the Tribal Welfare Department. They also will be made aware about the importance

39

of investing in income generation activities. Before and after case histories will be prepared for each indigenous peoples by LARRIC and monitored by LARRMC.

40

IX. RESETTLEMENT BUDGET AND FINANCING PLAN A. Introduction 89. The resettlement cost estimate for the IPP Implementation include compensation for private land determined in accordance with RFCTLARR Act and by adopting the multiplying factor adopted in accordance with the state specific multiplication factor15. Budgetary provisions have been made for compensation for the affected structures at replacement cost without depreciation, resettlement and rehabilitation assistances to tribal community in accordance with the provisions of the entitlement matrix of CKICP and the cost of IPP implementation, including the cost of resolving grievances. The total resettlement cost for the project is INR43.03 million. The major heads of budget items are listed below. B. Compensation 90. Private Land: Land will be acquired in accordance with provisions of State’s Law while determining the compensation for land, the competent authority will be guided by the provisions of Sec 26, Sec 27, Sec 28, Sec 29 and Sec 30 of RFCTLARR Act, 2013. The compensationincludes, the multiplying factor16 of 1.25–2.00 times on the land value being the higher of the guideline value or average of higher 50% of sale deed rates for the preceding 3 years or any rates consented for PPP or private projects. In addition, 100% solatium will be added. This calculation meets the replacement cost requirement of Safeguard Policy Statement. The replacement cost was gathered during census survey in discussion with tribal community and the elected local body representatives and compared with guideline value from the registration department. If the residual land, remaining after acquisition, is unviable, the owner of such land/property will have the right to seek acquisition of his entire contiguous holding/property. The project will provide 25% of the total amount for those who accepted for negotiated purchase, in addition to the compensation as per RFCTLARR Act 2013, vide G.O.(D). No.195, Highways and Minor Ports (HS2) Department, dated: 26 November 2019. If the residual land, remaining after acquisition, is unviable the owner of such land/property will have the right to seek acquisition of his entire contiguous holding/property. Here in the Irular colony if only the affected land is acquired the community would get split into 2 or 3 groups. In order to avoid that total land holdings of the Irular community in Melpakkam colony will be acquired and resettled as a single unit. 91. Structure: All affected households losing structures, regardless of legal title, will be paid compensation equivalent to the replacement cost of the structure, or in the case of titled-holders, compensations based on PWD rates in the area plus 100% solatium according to the RFCTLARR Act 2013. Replacement cost is the rate determined based on the prevailing scheduled of rates, updated by a panel of competent engineers every year. If the RFCTLARR Act 2013 rates are higher than replacement cost, they will be maintained for the project. If these rates are lower than replacement cost, then replacement cost for the structure will be provided to titled holders also. In addition, physically displaced titled and non-titled holders will receive additional resettlement and subsistence allowances. All indigenous peoples irrespective of their title will be compensated based on the entitlement matrix. C. Assistances 92. All other unit rates as per the minimum provisions contained in RFCTLARR Act, 2013 and as per the approved entitlement matrix.

15 G.O.Ms. No 300 of Revenue and Disaster Management (LA-I(1)) dated 21.09.2017. 16 As per G.O.Ms. No 300 of Revenue and Disaster Management (LA-I(1)) dated 21.09.2017

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D. Source of Funding and Fund Flow 93. The Government will provide adequate budget for all land acquisition compensations, R&R assistances and IPP implementation costs from the counterpart funding. The funds as estimated in the budget for a financial year and additional fund required based on revised estimates, shall be available at the disposal of the jurisdictional Divisional Engineer (Highways) at the beginning of the financial year and from whom LARRU will draw the required funds. The Project Director, CKICP, Highways Department being the executing agency for this project, will provide necessary funds for compensation for land and structure and the cost of resettlement assistances in a timely manner to the jurisdictional Divisional Engineer (Highways). The Divisional Engineer (Highways) will ensure timely availability of funds with the LARRU for smooth implementation of the IPP. The LARRIC under the LARRU will facilitate disbursements, but the responsibility of ensuring full and timely payment to displaced persons will be that of LARRU. E. Resettlement Budget Estimates 94. The budget for this project is based on data and information collected during revalidation of census and socio-economic survey conducted in March 2019. The unit rates for structure has been worked out from the current (2020–2021) schedule of rates of public works department of Government of Tamil Nadu. The total budget for land acquisition, R&R and implementation cost is estimated at INR67.49 million. F. Indigenous Plan Development Plan Estimates 95. The IPDP cost is estimated based on the costs for site development, construction of houses and other basic infrastructures, income generation activities for the male and female members of the scheduled community etc. The construction costs are calculated based on the latest schedule of rates (2020–2021) of PWD Tamil Nadu.

Table 16: Resettlement Budget

Item No Item Input Unit Rate Quantity

Amount

(in INR)

1 Compensation

1.1 Land Cost (Multiplying Factor 1.25 and Solatium 100%)

Square meter (m2)

1,364 3600 49,10,400

1.2 Temporary Structures and Solatium 100% (Titleholder)

m2 8,310 120.68 10,02,851

1.3 Semi-permanent Structures and Solatium 100% (Titleholder)

m2 7,970 98.2 7,82,654

1.4 Permanent Structures and Solatium 100% (Titleholder)

m2 11,670 186.68 21,78,556

1.5 Temporary Structures without Solatium (Non-Titleholder)

m2 4,155 152.31 6,32,848

1.6 Semi-permanent Structures without Solatium (Non-Titleholder)

m2 3,985 229.28 9,13,681

1.7 Permanent Structures without Solatium (Non-Titleholder)

m2 5,835 0 0

1.8 Private well and Solatium 100% Units - 0 0

1.9 Compound Wall (Titleholder) Running

meter 3,065 0 0

1.10 Compound Wall (Non-Titleholder) Running

meter 1,533 0 0

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Item No Item Input Unit Rate Quantity

Amount

(in INR)

1.11 Loss of trees with 100% solatium LS - 0 0

Subtotal Compensation 1,04,20,990

Compensation estimated for the loss of land and buildings were included in the Resettlement Plan, hence the same is excluded (to avoid duplication) from the IPP budget.

2 R&R Assistance

2.1 One-time grant for landowners & loss of income (commercial building)

One Time

5,00,000 0 0

2.2 One-time resettlement allowance for Major Owner Res / Com

One Time

50,000 28 14,00,000

2.3 Subsistence allowance for Major Res / Com Owners

One Time

36,000 28 10,08,000

2.4 Shifting allowance major owners One time 50,000 28 14,00,000

2.5 Alternate house for Major Impacted Owner Residences ®

One Time

1,20,000 30 Included in IPDP (item

no 3)

2.6 Alternate house for Major Impacted Owner Residences (U)

One Time

1,50,000 0 0

2.7 One-time assistance for cattle shed (Major Owner)

One Time

25,000 0 0

2.8 One-time assistance for loss of trade / self-employment (Major owner/tenant)

One Time

25,000 1 25,000

2.9 Rental allowance for Res/Res+Com tenants – Rural (Major)

One Time

18,000 0 0

2.10 Rental allowance for Res/Res+Com tenants – Urban (Major)

One Time

24,000 0 0

2.11 Rental allowance for Commercial tenants – Rural (Major)

One Time

24,000 0 0

2.12 Rental allowance for Commercial tenants – Urban (Major)

One Time

36,000 0 0

2.13 Shifting allowance major tenants One Time

10,000 0 0

2.14 Housing and site grant to Residential squatters (Major)

One Time

1,20,000 11 Included in IPDP (item

no 3

2.15 Rehabilitation grant for Comm squatters

One Time

20,000 0 0

2.16 Subsistence allowance for Res/Com Squatters (Major)

One Time

18,000 11 1,98,000

2.17 Shifting assistance for squatters (Major)

One Time

10,000 11 1,10,000

2.18 Subsistence allowance for employees (Major)

One Time

20,160 0 0

2.19 Rehabilitation grant for kiosk One Time

18000 0 0

2.19 Vulnerable Household assistance One Time

8,000 41 3,28,000

2.20 Training for Vulnerable household One Time

5,000 41 2,05,000

Subtotal R&R Assistance 46,74,000

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Item No Item Input Unit Rate Quantity

Amount

(in INR)

3 Indigenous People Development Plan Cost (IPDP)

3.1 Cost for construction of 41 residential buildings

LS 7,40,654 41 3,03,66,814

3.2 Cost for construction of Temple LS 3,68,701 1 3,68,701

3.3 Cost for construction of Community Hall

LS 31,25,640 1 31,25,640

3.4 Cost for construction of Anganwadi LS 11,83,092 1 11,83,092

3.5 Cost for construction of OHT LS 10,01,465 1 10,01,465

3.6

Cost for construction of Pump Room, Borewell, Motor arrangement For OHT and Pipeline main and distribution cost

LS 5,99,140 1 5,99,140

3.7 Cost for construction of CC Pavement for streets

LS 12,70,417 1 12,70,417

3.8 Cost for construction of Weld mesh fencing

LS 6,89,290 1 6,89,290

3.9 GST for work contracts @ 12% LS 46,32,547

3.10 Contingencies for civil works alone @ 2.8%

LS 10,80,928

3.11 Labour Welfare @ 1% LS 3,86,046

3.12 Cost for provision for EB Poles and Street lights

LS 200000 1 2,00,000

3.13 Avenue Plantation LS 100000 1 1,00,000

3.14 Cost for income generation programmes for men

LS 3,00,000

3.15 Cost for income generation programmes for female

LS 8,01,600

Subtotal IPDP cost 4,61,05,679

4 Administrative Expenses

4.1 GRC Expenses LS - 1,00,000

4.2 Disclosure LS - 50,000

Subtotal Administrative expenses 1,50,000

Total (INR) 6,13,50,669

Contingency @ 10% 61,35,067

Total (In INR) 6,74,85,736

Total in Million INR (excluding compensation) 67.49

G. Disbursement of Compensation and Assistances

96. In order to ensure that: (i) the displaced person need not make frequent visits to his/her bank for depositing the physical paper instruments; (ii) s/he need not apprehend loss of instrument and fraudulent encashment; and (iii) the delay in realization of proceeds after receipt of paper instrument is obviated, all disbursement of compensation for land and structure and R&R assistances shall be done only through Electronic Clearing Service (ECS)

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mechanism and charges for ECS, if any, will be borne by LARRU. If the displaced persons destination branch does not have the facility to receive ECS (Credit), then the disbursement shall be done through respective lead banks’ Indian Financial System Code. Payment through account payee cheques will be made only if payment trough ECS is not possible and no cash payment will be made. 97. The LARRIC and LARRU, while collecting bank particulars from the affected persons, will also check with the respective bank branches if the branch has ECS (Credit) mechanism, and if not, details of lead bank offering the facility will be collected to facilitate ECS transfer. Wherever new accounts are to be opened, preference will be given to bank’s having ECS (Credit) facility. The LARRIC will check the type of affected persons bank account and help the affected person to convert the bank account to a regular savings bank account, if it is of Jan Dhan type, to enable receive compensation, R&R assistances. The bank account particulars of the affected person as part of the micro plan will be submitted to the jurisdictional resettlement officer (RSO) for disbursement.

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X. GRIEVANCE REDRESSAL MECHANISM A. Introduction 98. A project-specific grievance redress mechanism (GRM) will be established to receive, evaluate, and facilitate the resolution of affected tribal community, complaints, and grievances about the social and environmental performance of the project. The GRM will aim to provide a time-bound and transparent mechanism to voice and resolve social and environmental concerns linked to the project. The project-specific GRM is not intended to bypass the government’s own redress process, rather it is intended to address affected people's concerns and complaints promptly, making it readily accessible to all segments of the affected people and is scaled to the risks and impacts of the project. B. Grievance Redressal Committee 99. The GRM will be composed of two GRCs, one at the Project level (Project-Level GRC), and the other at the local level (local-level GRC). The GRCs’ role is to receive, evaluate and facilitate the resolution of affected persons concerns, complaints and grievances. The GRM will provide an opportunity to the PAPs to have their grievances redressed prior to approaching the State level LARR Authority,17 constituted by Government of Tamil Nadu in accordance with Section 51(1) of the RFCTLARR Act, 2013. The GRM is aimed to provide a trusted way to voice and resolve concerns linked to the project, and to be an effective way to address affected person’s concerns without allowing it to escalate resulting in delays in project implementation. 100. The GRM will continue to function, for the benefit of the affected persons, during the entire life of the project including the defects liability period. The response time prescribed for the GRCs would be three weeks. Since the entire resettlement component of the project has to be completed before the construction starts, to resolve the pending grievances, the GRC, at regional level, will meet at least once every month in the first year of the IPP implementation and once in three months thereafter. Other than disputes relating to ownership rights and apportionment issues on which the LARR Authority has jurisdiction, the GRCs will review grievances involving eligibility, valuation, all resettlement and rehabilitation benefits, relocation, and payment of assistances. Grievances received by the Special DRO, LARRU will be resolved at his/her level, if possible, else it will be placed before the GRC. 101. District Level: District level GRCs will function at Kancheepuram. The four-member district level GRCs consists of (i) a retired District Revenue Officer (DRO) or equivalent rank officer as Chairman, (ii) Divisional Engineer, Highways, Kancheepuram CKICP acting as its member secretary, and a (iii) RDO18 of the concerned project division, and (iv) a local person of repute and standing in the tribal community, nominated by the Project Director, CKICP based on the recommendations made by the respective district collector. In addition, a special invitee, the Tribal Development Officer of Kancheepuram District will be a mandatory attendee for all the GRC meeting conducted for indigenous peoples. Grievances/concerns can be lodged directly to the Divisional Engineer (Highways), Kancheepuram, CKICP or submitted to the consultant/agency appointed for implementation support, either in person or through post or through email.

102. Project-Level GRC: The Project Director, CKICP, Highways Department will be the appellate authority who will be supported by the Superintending Engineer, Kancheepuram. The grievance redressal procedure is shown in the following figure.

17 G.O.(Ms) No.305, Revenue & Disaster Management (LA-I(1)), dated 20th September 2017. 18 Revenue Divisional Officer/Sub Collector exercises the powers of first class Executive Magistrate. Community

certificates are issued by RDOs of the concern districts.

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Figure 2: Grievance Redressal Process

C. Functions of Local-Level GRC

103. The main functions of the GRCs will be: (a) To provide support to PAPs on problems arising out of eligibility for

entitlements and R&R assistance as per the Entitlement Matrix. (b) To record the grievances of the PAPs, categorize and prioritize the grievance

that needs to be resolved by the GRC and solve them within 3 weeks; (c) To inform the PIU (and Project-Level GRC) regarding serious cases within

one week; and (d) To report to the aggrieved parties about the developments regarding their

grievances and decisions of the PIU, within 3 weeks.

104. The GRC should meet at least once in a month in the respective office of the jurisdictional Divisional Engineer (Highways). Petitions received from affected persons of any concerns or complaints or grievances should be taken up in the GRC. The member secretary should maintain a register of all petitions received with details of date of receipt of the petition, date of hearing, if any, date when it was considered by the committee, along with nature of complaint/concern, action taken and date of communication sent to petitioner. Communication, in writing should be sent to the aggrieved person about the date, time and venue of the GRC sitting and make it known that s/he is entitled for personal hearing and that representation through proxy will be not be entertained. Communication will also be sent through implementation support LARRIC to ensure that the petitioner is informed about the date of GRC sitting. 105. Copies of petitions received 1-week prior to the committee’s siting, should be sent to Chairman and the member along with an explanatory note from appropriate authority and/or IPP implementation support consultant, as the case may be, to enable the Chairman and

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member to scrutinize the petitions in detail. Petitions received in the week of the committee’s sitting, shall be taken up during the sitting and resolved. 106. Decision of the committee will be final unless an appeal is preferred with the Project Director, PIU. If the committee is unable to arrive at a decision through consensus, the matter will be referred to the appellate authority with a note on opinion of the committee members. The complaint/concern will be redressed in three-week time and written communication should be sent to the complainant about the decision taken. 107. The IPP implementation support LARRIC will assist displaced persons in registering their grievances and being heard. The complaint / grievance will be redressed in 3-week time and written communication will be sent to the complainant. A complaint register will be maintained at Jurisdictional DE office (member secretary of GRC)/LARRU/PIU level with details of complaint lodged, date of personal hearing, action taken, and date of communication sent to complainant. If the complainant is still not satisfied s/he can approach the appellate authority and/or the jurisdictional LARR Authority. The complainant can access the appropriate LARR Authority at any time and not necessarily go through the GRC. D. Costs 108. All costs involved in resolving the complaints (meetings, consultations, communication, and reporting / information dissemination) will be borne by the Project.

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XI. INSTITUTIONAL ARRANGEMENT AND IMPLEMENTATION A. Land Acquisition, Rehabilitation and Resettlement Units 109. To expedite land acquisition and implement the provisions of the road-project IPPs, one LARRU at the PIU Head Quarters, Chennai and four LARRU Field Units have been formed for carrying out land acquisition and IPP implementation. These units will be headed by a SDRO and will be supported by an RSO and Tahsildar(s) for support in land acquisition. A separate Government Order has been issued nominating SDRO as competent authority under TNH Act for land acquisition and award pronouncement. The Project Director, CKICP will be overall in charge of land acquisition and R&R implementation and will coordinate with the four SDROs in resettlement plan implementation and land acquisition including IPP. The chief engineer, working under the Project Director, will be supported by domain experts in the areas of land acquisition and Social Development/R&R. The chief engineer will report to the Project Director. These units will be entrusted with responsibilities of implementation of the IPP involving: (i) acquisition of land and assets; (ii) payment of compensation for land and assets; (iii) disbursement of resettlement assistances including development of resettlement sites. The LARRU in each region will be supported with clerical staff. The members of these units, their roles, responsibilities, and functions are outlined below. B. Project Implementation Unit 110. The office of the Project Director, CKICP, Chennai, Highways Department, Government of Tamil Nadu will be the PIU and will be overall in charge of coordination between the six Division Engineers (H) and the four SDROs (LA).The PIU will be headed by the Project Director and supported by the chief engineer with a full-fledged unit under him. A SDRO, RSO have been posted at the PIU to coordinate with the 4-LARRU and assist Project Director, PIU in land acquisition, rehabilitation, and resettlement matters.

Table 17: Administrative Roles and Financial Powers of LARRU

Officers Roles and Powers

Project Director ▪ Overall in charge of land acquisition and R&R; ▪ Reporting to Asian Development Bank on progress and submission of

quarterly progress report; ▪ Approve payment to LARRIC / external monitoring agency; ▪ According financial approval for all payments pertaining to land

acquisition and R&R; ▪ Approval of the R&R entitlements for Tribal Community; ▪ Obtaining necessary budgetary allocation from GoTN; and ▪ Decision on the report of SDRO of claims for inclusion as Aps.

Chief Engineer, CKICP ▪ Overall responsible for land acquisition and R&R implementation; and ▪ Monitoring the progress of land acquisition and R&R activities and

reporting to Project Director.

Special District Revenue Officer(s)

▪ ▪ ▪

Competent authority for land acquisition under TNHA 2001; Approve valuation of land and structure as per RFCTLARR Act, 2013; Hear objections vide Sec 15(2), determine compensation amount in agreement with displaced person vide Sec 19(2) or in case of

disagreement vide Sec 19(3), hear affected persons on the compensation amount vide Sec 19(5), refer disagreement on compensation to LARR Authority for adjudication vide Sec 20 and apportionment issues vide Sec 21(2);

▪ Pronounce award for compensation of land and structures as per TNHA 2001 - Financial powers of up to Rs.10 crores land acquisition - Above Rs.10 crores, will obtain CLA permission and pass award

▪ Liaison with District Administration to update the land records and notify the guideline values; .

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Officers Roles and Powers

▪ Monitor the progress of land acquisition carried out by Special Tahsildar;

▪ Co-ordinate the implementation of IPP activities through RSO, field staff, highway, forest, agricultural department, Tribal Department horticulture department and revenue officials;

▪ ▪ ▪

Approval of Individual Entitlement Plan (micro plan) prepared for implementing IPP;

Monitor the progress of resettlement activities carried out by the LARRIC; Certify work of LARRIC for payment to Project Director, PIU Hold fortnightly meetings on IPP implementation and report to the Project Director, CKICP through CE, CKICP;

▪ Liaison with district administration and line departments to dovetail

affected persons with government schemes; ▪ Monitor the progress of Resettlement Site development and liaison

with district administration and line departments for providing necessary amenities and facilities;

▪ Participate in meetings to facilitate land acquisition and R&R activities; ▪ Review of Monthly and Quarterly reports; ▪ Issue milestone wise encumbrance free certificate to concerned field

DE(H), CKICP for commencement of civil works; ▪ Authorize bank for disbursement of compensation and resettlement

assistances to affected persons through ECS; and ▪ Review report submitted by RSO on claims for inclusion as displaced

persons and forward to CE, CKICP with recommendations.

Resettlement Officer (RSO)

▪ Responsible for the implementation of R&R activities through field staff, highway, forest, agricultural department, horticulture department and revenue officials;

▪ Review of individual entitlement plans prepared for implementing IPP and submit to DRO for approval;

▪ Identify suitable land for Resettlement in coordination with District administration and initiate alienation/acquisition process;

▪ Supervise the LARRIC involved in IPP implementation; ▪ Assist DRO in disbursement of compensation and resettlement

assistances; ▪ Holding periodical consultations with the affected people on

implementation of land acquisition and R&R activities with the support of the LARRIC;

▪ Prepare monthly physical and financial progress reports; ▪ Update payment of compensation, disbursement of resettlement

assistances, affected persons socio-economic data in the database with the support of the LARRIC; and

▪ Verify claims for inclusion as affected persons and submit report to SDRO for onward transmission to CE, CKICP.

Superintending Engineer

▪ Undertake internal monitoring of IPP implementation based on monthly progress report submitted by LARRU and submit report to Project Director, CKICP.

Divisional Engineer ▪ Coordinate with line department and ensure relocation of utilities, in particular water supply, prior to civil works;

▪ Coordinate with forest department and revenue officials for tree cutting in right-of-way;

▪ Valuation of Structures; ▪ Conduct GRC meetings; ▪ Undertaken the reconstruction of affected common facilities including

temples; and ▪ Issue clearance to contractor to commence civil works after obtaining

milestone wise clearance from LARRU.

Tahsildar(s) ▪ ▪

Approve sub-division sketch, award statement and valuation statement; Approve valuation of assets, trees and crops submitted by concerned

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Officers Roles and Powers

▪ ▪ ▪ ▪ ▪ ▪ ▪

department officials; Assist RSO in identifying suitable land for Resettlement in coordination; with District administration and initiate alienation/acquisition process; Coordinate with district administration and line departments and provide necessary amenities and facilities in the resettlement site; Coordinate the relocation of affected persons to resettlement site; Oversee the relocation / shifting of CPRs; Submit milestone wise encumbrance free certification to DRO; and Issue of identity cards to the affected persons.

Surveyor(s) ▪ Verify LPS prepared by DPR consultants and carryout necessary corrections after survey and measurement;

▪ Prepare sub-division sketch, statement for award and valuation statement for LA;

▪ After land acquisition award, coordinate with concerned Revenue officials and carryout changes in revenue record;

▪ After land acquisition, provide corrected FMB sketch and updated right-of-way details to concerned Highway Divisional office; and

▪ Issuance of LA notifications to affected persons and other stakeholders.

MIS Specialist ▪ Maintain and update affected person data ; ▪ Update periodically disbursement of compensation and assistances;

and ▪ Generate information and data for monthly and quarterly progress

reporting.

Revenue Inspector ▪ Assisting in the field verification for land acquisition and R&R activities; ▪ Coordinate and monitor the service of land acquisition notice; ▪ Collection of sales statistics, guideline value from SR office; ▪ Coordination to collect tree value from forest, agriculture and

horticulture department; ▪ Obtaining NOC from HR&CE and land reforms departments; and ▪ Coordinate between various departments.

Land Records Draughts Man

▪

Works relating to scrutiny of subdivision records Preparation of eye value sketch for PV proposal;

▪ Coordinate with sub inspector of survey in preparing enjoyment sketch before award enquiry; and

▪ Activities related to post award.

C. Competent Authorities

111. The implementation of land acquisition and resettlement impacts will require approvals and clearance at various stages. The following officers will act as competent authorities for certain key activities.

Table 18: Competent Authority for Approvals

Approvals Required Competent Authority Approval for land acquisition awards Special DRO, CKICP Approval for land acquisition awards exceeding Rs.10 crore

Commissioner of Land Administration

Approval of IPPs including Budget provisions Project Director, CKICP Changes in Policy provisions, entitlements Empowered Committee, CKICP Staff requirements, Consultants/LARRICs Appointments

Project Director, CKICP

Approval for issue of ID cards Special DRO, CKICP Approval of R&R Assistance Project Director, CKICP Disbursement of R&R Assistance Special DRO, CKICP Approval for structure valuation Divisional Engineer (H), CKICP Approval for shifting and relocation of community assets

Special DRO, CKICP

51

Approval of resettlement sites, House site, Issue of titles etc.

Special DRO, CKICP

Resolution of disputes GRC / LARR Authority

Implementation Guidelines

Committee formed by the Project Director consisting of Chief Engineer, Superintending Engineer and Special District Revenue Officer (SDRO)

D. LARRIC/Agency for IPP Implementation Support

112. The implementation of the R&R provisions will be carried out by LARRU with the support of LARRICs who have had experience in similar development projects. The LARRICs to be engaged will have proven experience in carrying out resettlement and rehabilitation activities and community development and consultations in projects of similar nature in Tamil Nadu. 113. The LARRIC will play a key role in the implementation of the IPP. Their tasks will include the final verification of displaced persons, consultations, establishment of support mechanisms and facilitate the delivery of the rehabilitation assistances as per the IPP provisions and to ensure that the displaced persons receive all the entitlements as per the R&R policy of the project. 114. Key activities of the LARRIC in relation to resettlement planning and implementation include: (i) assist LARRU in verification and updating, if required, the detailed census and socio-economic survey of displaced persons carried out during DPR preparation based on detailed design, and verify the identity of BPL, female-headed, and other vulnerable households affected by land acquisition and involuntary resettlement and issue ID cards; (ii) prepare micro plan and get vetted by LARRU; (iii) facilitate the process of disbursement of compensation to the displaced persons – coordinating with the LARRU and informing the displaced persons of the compensation disbursement process and timeline; (iv) assist displaced persons in opening bank accounts explaining the implications, the rules and the obligations in having a bank account, process of disbursement adopted by CKICP and how s/he can access the resources s/he is entitled to; (v) assist the displaced persons in ensuring a smooth transition (during the part or full relocation of the affected persons), helping them to take salvaged materials and shift; (vi) in consultation with the displaced persons, inform the LARRU about the shifting dates agreed with displaced persons in writing and the arrangements they desire with respect to their entitlements; (vii) organize training programs to the vulnerable for income restoration; (viii) conduct meaningful consultations throughout the IPP implementation and ensure disclosure of resettlement plans in an accessible manner to the displaced persons; (ix) assist displaced persons in grievance redressal process; (x) assist LARRUs in keeping detailed records of progress and establish monitoring and reporting system of IPP implementation; and (xi) act as the information resource center for community interaction with the project and maintain liaison between community, contractors and project management and implementing units during the execution of the works. E. External Monitoring 115. A third-party monitoring agency will be recruited to monitor and evaluate the implementation of all the resettlement plans of the Tamil Nadu Industrial Corridor Improvement Project. The objectives of the external monitoring are to:

• Assess the implementation progress of IPP as per the indigenous people policy framework provisions and processes and its compliance with ADB’s Safeguard Policy Statement 2009;

• Monitor the schedules and the implementation targets;

52

• Evaluate whether the objectives and outcomes of IPP are met the project roads. The External Monitoring Team will have at least 1 team leader, 3 key experts and several field staff.

F. Land acquisition and Resettlement process:

1. Rehabilitation and Resettlement Award 116. In accordance with the provisions of the RFCTLARR Act, 2013 [Sec31(1)], the competent authority will pass a R&R Award. All the affected titleholders who are eligible for R&R assistance will be notified along with details of eligible assistance as per the provisions of RFCTLARR Act, 2013. Initially a draft list will be notified by giving minimum of 15 days’ time inviting objections, if any, regarding discrepancies on the nature and quantum of assistance. The final list will be notified after taking into account the objections, if any. Similarly, the list of those affected non- title holders will also be notified along with the details of R&R assistance and a separate R&R award enquiry will be conducted for the non-titleholders.

2. Micro plan 117. The implementation support LARRIC will prepare the draft micro plan, village wise for the project road detailing the type of loss, tenure of the affected person, vulnerability status and the entitlements as per the provisions of the entitlement matrix and beneficiary bank details. The draft micro plan will be disclosed in the jurisdictional village panchayat where the affected persons are living/having business, and 7-days after the disclosure, the R&R award enquiry will be held by the jurisdictional SDRO. 118. Based on the R&R award enquiry outcome, the LARRIC will submit the final micro plan to RSO, LARRU for verification and onward transmission to Project Director, PIU through the SDRO, LARRU. The Project Director, PIU, after scrutiny of the micro plan will accord approval for the disbursement of the R&R entitlements.

3. R&R Award Process 119. The SDRO, LARRU will hold R&R award enquiry in the project area and will send prior intimation to all concerned affected persons through the jurisdictional village administrative officer and the LARRIC. 120. During the R&R award enquiry, each affected person will be informed about the type of loss and tenure as recorded during census and socio-economic survey and verified subsequently, and the entitlements due to the affected person as per the provisions contained in the entitlement matrix. All the affected persons will be given an opportunity to be heard and concerns if any, will be addressed. The R&R proceedings will be recorded and copy of the R&R award will be issued to the affected person then and there.

4. Establishment of a Management Information System

121. A well-designed Management Information System (MIS) will be created and will be maintained at PIU and LARRU level. The MIS will be supported with approved software and will be used for maintaining the affected persons baseline socio-economic characteristics, developing pre-defined reports, algorithms and calculations based on the available data and updating tables/fields for finding compensation and assistances, tracking the land acquisition and resettlement progress. The individual entitlements, compensation calculations, structure valuation, etc. will be updated using MIS software. In addition, land acquisition notices, identity cards will also be generated thorough MIS. All quires will be generated and the

53

baseline data will also be maintained and updated as needed. The data and information required for periodical progress reports will be generated using MIS database. The required computer terminals and software will be established at LARRU level in order to feed the data to be maintained in the web with backup at PIU.

5. Capacity Building of PIU/LARRU 122. The staff of LARRU, LARRIC and the staff of PIU, who are involved in land acquisition and R&R will require to be familiar with land acquisition procedures and ADB Social Safeguards policy requirements. In order to build the capacity of the LARRU and the PIU, an orientation and training in resettlement management at the beginning of the project was given. The training activities focused on issues concerning (i) principles and procedures of land acquisition; (ii) public consultation and participation; (iii) entitlements and compensation disbursement mechanisms; (iv) Grievance redressal; and (v) monitoring of resettlement operation.

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XII. IMPLEMENTATION SCHEDULE

A. Introduction

123. Resettlement activities will be coordinated with the timing of civil works. The required coordination has contractual implications, and will be considered in procurement and bidding schedules, award of contracts, and release of cleared CoI sections to project contractors. The project will provide adequate notification, counselling and assistance to affected people through the IPP implementing agencies so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation.

124. The IPP implementing agencies/LARRICs staff will provide project land acquisition

and R&R related information to the PAPs, provide details of entitlements and procedures for getting compensations and availing R&R assistance. The agencies/LARRICs will also provide assistance in updating the IPP particularly with PAP and their asset details, facilitating issue of ID cards, opening of bank accounts, facilitate implementation of livelihood and income restoration program, coordinate with other various agencies, conduct awareness program for HIV/AIDS, health and hygiene, road safety, gender and human trafficking. All other activities related to implementation and land acquisition will be undertaken simultaneously. B. Schedule for Project Implementation

125. The proposed IPP implementation activities are divided into three broad phases viz. project preparation phase, IPP implementation phase, and monitoring and reporting phase, and the activities envisaged in each phase is discussed below. 126. Project Preparation Phase: The activities to be performed in this phase include: (i) the formation and staffing of the LARRUs; (ii) submission of the IPP to ADB for approval; and (iii) the establishment of GRCs. The information dissemination and stakeholder consultations will commence in this stage and continue until the end of the project. 127. IPP implementation phase: In this phase, the key activities to be carried out include: (i) joint verification; (ii) valuation of structures; (iii) land acquisition notification; (iv) preparation of micro plan; (v) land acquisition and R&R award enquiry; (vi) approval of final micro plan; (vii) identification and development of resettlement site; (viii) payment of compensation for land and structure; (ix) payment of other rehabilitation assistances; (x) relocation of displaced persons to resettlement site; and (xi) issuing site clearance certificate to enable commencement of civil works. 128. Monitoring and reporting phase: Internal monitoring will commence as soon as IPP implementation begins and continue till end of IPP implementation. External monitoring will also commence from the beginning of IPP implementation.

1. IPP Implementation Schedule 129. An implementation schedule for land acquisition, payment of compensation and resettlement and rehabilitation activities in the project including various sub tasks and timeline matching with civil work schedule is provided in the work plan. The following are the key implementation activities that are presented in the work plan.

(i) Approval of IPP and disclosure;

(ii) Appointment of LARRICs and external monitoring consultants;

(iii) Constitution and notification of GRCs;

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(iv) Land acquisition notification;

(v) Verification of affected persons and notification of affected person list;

(vi) Obtaining options for resettlement and choice of resettlement site location;

(vii) MIS in operational for tracking land acquisition and R&R Implementation progress;

(viii) Structure valuation;

(ix) Disclosure of microplan;

(x) Issue of Identity cards;

(xi) R&R award;

(xii) Payment of R&R assistance;

(xiii) Allotment of house sites or development of resettlement sites;

(xiv) Shifting of Affected Tribal Community to alternative resettlement sites;

(xv) Land acquisition award and disbursement of compensation;

(xvi) Certification of payment of land acquisition and R&R assistance for first milestone;

(xvii) Certification of payment of land acquisition and R&R assistance for second milestone; and

(xviii) Impact evaluation.

130. Coordination with Civil Works: The land acquisition and resettlement implementation will be co-coordinated with the timing of procurement and commencement of civil works. The required co-ordination has contractual implications, and will be linked to procurement and bidding schedules, award of contracts, and release of encumbrance free land to the contractors. The project will provide adequate notification, counselling and assistance to affected persons so that they are able to move or give up their assets without undue hardship before commencement of civil works and after receiving the compensation and R&R assistances. 131. The relocation of common property resources will be linked to handing over of encumbrance free land to the contractors. The handing over of land to the contractor will be organised in three sections. In the first section, full free RoW will be handing over after signing of the contract and by the financial closure date and partial RoW in the second section and the balance RoW in the third section within 180 days of contract signing as spelled out in the respective civil work contracts. The implementation schedule is given in the below table.

Table 19: Implementation Schedule

Sl.No. Activities Officers Responsible Time Period Activities done

till date 1 Identification of

Alternative site in consultation with the indigenous peoples

LARRU/LARRIC May 2019 Completed

2. Notification of the land LARRU January 2020 Completed

3. Approval of the layout plan for the construction of houses

FIU Kancheepuram March 2020 Completed

4. Approval of the budget for land purchase, construction of houses and other infrastructures

PIU, Chennai June 2020

5 Possession of land LARRU Kancheepuram

February 2020 completed

6 Calling for tender and appointment of civil

FIU Kancheepuram December 2020

56

Sl.No. Activities Officers Responsible Time Period Activities done

till date contractor

7 Handing over the land to civil contractor

FIU Kancheepuram February 2021

8 Site development and marking on the land

FIU/ Civil Contractor February 2021

9. Start of civil works Civil Contractor February 2021

10 Monitoring of the civil works

FIU Kancheepuram Along the process

11 Completion of all the construction activities as per plan (including electrification, water connections, street lights, fencing, community hall, temple, anganwadi, avenue plantation etc)

Civil Contractor

3rd quarter of 2021

12 Handing over the houses to indigenous peoples through lot method

LARRU Kancheepuram

3rd quarter of 2021

13 Need assessment study for income generation activities

LARRIC May 2019 Completed

14 Providing trainings for the indigenous peoples for income generation

LARRU/ LARRIC 3rd quarter of 2021

15 Monitoring of IPP implementation

PIU, Chennai Along the process

16 PAP engagement, organising awareness, social improvement activities and counselling program

LARRU/LARRIC Throughout the R& R program

Is being done.

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XIII. MONITORING AND REPORTING

A. Introduction 132. The objective of monitoring is to provide the PIU and LARRU with an effective tool for assessing rehabilitation progress, identifying potential difficulties and problems areas and provide an early warning system for areas that need correction. Continuous supervision and periodic monitoring are an integral part of successful implementation. Monitoring is a warning system for project managers and a channel for the affected persons to express their needs and reactions to the programme. B. Internal Monitoring 133. The Land Acquisition, Rehabilitation and Resettlement Unlit (LARRU) will carry out concurrent monitoring of IPP implementation through the RSO, LARRU and prepare monthly and quarterly progress report in terms of physical and financial progress. In addition, the monitoring process will also look into the communication and reactions of affected persons; use of grievance procedures; information dissemination to affected persons on benefits; and implementation timetable. The monthly internal monitoring reports based on the outcome of consultations and feedback with displaced people who have received assistance and compensation and review of progress of other implementation activities including complaints/concerns/issues raised by the affected persons, will be submitted to PIU by the end of 1st week of the subsequent calendar month. The progress report will be reviewed by the CE, PIU and comments if any, will be communicated to LARRU for immediate action. 134. A copy of the quarterly report will be made available to ADB. In view the significance of resettlement impacts, the monitoring mechanism for this project will have both monitoring by LARRU and monitoring by an external agency / expert. C. External Monitoring

135. An external monitoring agency will be recruited by the PIU under ADB financing. The team will be composed of a team leader experienced in resettlement and land acquisition, and three key experts, in additional to support and field staff. The external monitoring will include but not limited to: (i) assess the IPP implementation and compliance with ADB’s Safeguard Policy Statement (2009); (ii) review and verify the monitoring reports prepared by LARRU; (iii) monitor the work carried out by LARRIC and provide training and guidance on implementation; (vi) review the grievance redressal mechanism and report on its working; (v) mid-term impact assessment through sample surveys amongst displaced persons for midterm corrective action; (vi) consultation with affected persons, officials, community leaders for preparing review report; (vii) assess the resettlement efficiency, effectiveness and efficiency of LARRU, impact and sustainability, and drawing lessons for future resettlement policy formulation and planning. Some of the important task of external monitoring is the feedback of the affected persons who receives compensation and assistance and also alerts on the risks, non-compliances and early warnings in the implementing. D. Indicative Indicators 136. Indicators will be developed for internal monitoring and external monitoring purposes and integrated in the MIS. The table below shows indicative indicators for monitoring.

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Table 20: Indicators for monitoring

Monitoring Issues Monitoring Indicators

Budget and time frame • Have all resettlement staff been appointed and mobilized for field and office work on schedule?

• Have capacity building and training activities been completed on schedule?

• Are resettlement implementation activities being achieved according to agreed implementation plan?

• Are funds for resettlement being allocated to resettlement agencies on time? Have resettlement offices received the scheduled funds?

• Have funds been disbursed according to EM and IPP?

• Has the land been made encumbrance-free and handed over to the contract or in time for project implementation?

Delivery of entitlements • Have all affected persons received entitlements according to numbers and categories of loss set out in the entitlement matrix?

• How many affected households have relocated and built their new structures at new locations?

• Are income and livelihood restoration activities being implemented as planned? Have affected businesses received entitlements?

• Have the community structures (e.g. mosque, club, etc.) been compensated and rebuilt at new sites?

• Have all processes been documented?

• Are there discrepancies between the estimated number of affected persons as per the IPP/IPP addendum and actual numbers

• Share of CCL disbursement vs total TH affected

• Share of TH who have received “top ups” • Share of TH who have received entitlement benefits

• Share of NTH who have been compensated market value for loss of structure, tree or crops

• Share of NTH who have received entitlement benefits

Relocation assistance • Has LARRIC prepared a list of alternative places to rent/buy?

• Have affected households benefitted from support of LARRIC to find alternative place to rent/buy? If so, how many and what services were provided?

Consultation, grievances, and special issues

• Have resettlement information brochures/leaf lets been prepared and distributed? Have consultations taken place as scheduled, including meetings, groups, and community activities?

• Have any affected persons used the grievance redress procedures? What grievances were raised? What were the outcomes?

• Have conflicts been resolved?

• Have grievances and resolutions been documented? Have any cases been taken to court?

Resettlement Benefit/Impacts

• What changes have occurred in patterns of occupation compared to the pre-project situation?

• What changes have occurred in income, expenditure and livelihood patterns compared to pre-project situation?

• How many physically displaced households have relocated? Where are they relocated (i.e. remaining plot of land, newly purchased plot, rented plot/structure)

• How many household have purchased plot?

• What was compensations/resettlement benefits spent on?

• •

Have the participants of the livelihood training program used their new skills? What was the seed grant spent on? Have all the children in the Irular community started to attend schools Has the pre-school started functioning and beneficial for the Irular

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Monitoring Issues Monitoring Indicators

• • •

community? How many indigenous peoples of this community are included in MGNREGA scheme? Has all the Irular households in the project received the community certificate? Does all the indigenous peoples resettled have access to basic amenities like drinking water, sanitation, transport, electricity, streetlight, burial ground, roads etc.?

• • •

How many affected persons have obtained community certificate, Aadhar card, and Ration card? How many MGNRGA cards have been issued? How many students have been re-enrolled in next academic year?

E. Reporting Requirements 137. The following reports will be prepared and submitted to the PIU, or project team at the ADB.

Table 21: Reporting requirements. Type of

Report Content Frequency Responsibility Submitted to

IPP update Provide the updated list of

affected persons after the joint

verification survey

Whenever

Required till the

end of Project

LARRIC / PIU/

LARRMC

PIU/ADB

Addendum(s) Detail the land acquisition and

resettlement impacts,

socioeconomic survey of

affected persons, mitigation

and rehabilitation measures,

budgetary requirements and

timeline for implementation

To be prepared when either conditions below is met: (i) for sections of project where design is not final (ii) for unforeseen activities with resettlement impacts

LARRIC/

LARRMC/PIU

PIU/ADB

Monthly

progress

report

Progress on land acquisition and resettlement activities, progress on indicators, results, issues affecting performance, constraints, variation from IPP (if any) and reason for the same and corrections recommended

Monthly LARRIC/

LARRMC

PIU

Semi-annual

resettlement

monitoring

report

Progress on land acquisition

and resettlement activities,

indicators, variations if any with

explanation and outcome,

recommended corrective

actions.

Semi-annually PIU ADB

External

monitoring

report

Progress on land acquisition

and resettlement activities,

indicators, variations if any with

explanation and outcome,

Semi-annually External Monitor PIU/ADB

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Type of

Report Content Frequency Responsibility Submitted to

affected person’s satisfaction with process, compliance with

ADB’s Safeguards Policy

Statement, 2009, corrective

actions recommended.

Resettlement

completion

report

Overall narrative of the land

acquisition and resettlement

process, outputs and outcomes

of indicators from baseline, key

variations/changes, lessons

learned

Once PIU ADB

Resettlement

evaluation

report

Overall assessment of the land

acquisition and resettlement

process, compliance with

ADB’s Safeguards Policy

Statement, 2009, indicators

achievement when compared

to baseline, lessons learned

Once External Monitor PIU/ADB

Appendix 1 61

Appendix 1: Government notification of Irular community as scheduled tribe

62 Appendix 1

Appendix 1 63

64 Appendix 1

Appendix 1 65

66 Appendix 1

Appendix 2 67

Appendix 2: List of Project Affected Households

Sl.No

Name of Revenue Village

Hamlet/Settlement/Location

Name Name of PAPs Highway Chainage

Left or Right

Use of Structure / Property Tenure

1 Melpakkam Irular Colony Malliga W/o Chandran 0.000 RHS Land Only Owner

2 Melpakkam Irular Colony Murugammal W/o Karthi 0.000 RHS Land Only Owner

3 Melpakkam Irular Colony Kasthuri W/o Perumal 0.000 RHS Residential Owner

4 Melpakkam Irular Colony Amudha W/o Mohan 0.000 RHS Residential Owner

5 Melpakkam Irular Colony Meenakshi W/o Chinnappa 0.000 RHS Residential Owner

6 Melpakkam Irular Colony Kanniyammal W/o

Balaraman 0.000 RHS Residential Owner

7 Melpakkam Irular Colony Pandiyan W/o Ramesh 0.000 RHS Residential Owner

8 Melpakkam Irular Colony Chinnammal W/o Radha 0.000 RHS Residential Owner

9 Melpakkam Irular Colony

Ramachandran S/o Radha 0.000 RHS Res cum com Owner

10 Melpakkam Irular Colony Prema W/o Muthu 0.000 RHS Residential Owner

11 Melpakkam Irular Colony Rajeswari W/o Ramesh 0.000 RHS Residential Owner

12 Melpakkam Irular Colony Basura W/o Velan 0.000 RHS Residential Owner

13 Melpakkam Irular Colony Kollapuri W/o Arjunan 0.000 RHS Residential Owner

14 Melpakkam Irular Colony Pattumal W/o Mariyappan 0.000 RHS Residential Owner

15 Melpakkam Irular Colony Ashwini W/o Sundharam 0.000 RHS Residential Owner

16 Melpakkam Irular Colony Kasthuri W/o Ramesh 0.000 RHS Residential Owner

17 Melpakkam Irular Colony Valli W/o Dhevendran 0.000 RHS Residential Owner

18 Melpakkam Irular Colony Amulu W/o Ponnaiyan 98.185 LHS Residential Owner

19 Melpakkam Irular Colony Suresh S/o Dhevendran 98.085 LHS Residential Owner

20 Melpakkam Irular Colony Nagamma W/o Murugan 98.115 LHS Residential Owner

21 Melpakkam Irular Colony Dhanalakshmi W/o

Kanniappan 98.135 LHS Residential Owner

22 Melpakkam Irular Colony Sankar D/o Senthamarai 98.140 LHS Residential Owner

23 Melpakkam Irular Colony Mari W/o Kannayaram 0.000 LHS Residential Owner

68 Appendix 2

Sl.No

Name of Revenue Village

Hamlet/Settlement/Location

Name Name of PAPs Highway Chainage

Left or Right

Use of Structure / Property Tenure

24 Melpakkam Irular Colony Valli W/o Gajendran 98.115 LHS Residential Owner

25 Melpakkam Irular Colony Karthik S/o Gajendran 98.185 LHS Residential Owner

26 Melpakkam Irular Colony Kumari W/o Kollapuri 0.000 LHS Residential Owner

27 Melpakkam Irular Colony Kamala D/o Babycorn 98.175 LHS Residential Owner

28 Melpakkam Irular Colony Arjun S/o Manickam 98.185 LHS Residential Owner

29 Melpakkam Irular Colony Kasi S/o Mariyappan 0.000 RHS Residential Owner

30 Melpakkam Irular Colony Nagammal W/o Manickam 0.000 RHS Residential Owner

31 Melpakkam Irular Colony Bhavani W/o Anbu 0.000 RHS Residential Squatter

32 Melpakkam Irular Colony Tamizhselvi D/o Gajendran 0.000 RHS Residential Squatter

33 Melpakkam Irular Colony Lakshmi D/o Sekar 0.000 RHS Residential Squatter

34 Melpakkam Irular Colony Chinnaponnu W/o

Sanmugam 0.000 RHS Residential Squatter

35 Melpakkam Irular Colony Meena W/o Rajendran 0.000 RHS Residential Squatter

36 Melpakkam Irular Colony Krishnaveni W/o

Poongavanam 0.000 RHS Residential Squatter

37 Melpakkam Irular Colony Dhanalakshmi W/o

Valliyappan 0.000 LHS Residential Squatter

38 Melpakkam Irular Colony Pushpa W/o Vellan 0.000 LHS Residential Squatter

39 Melpakkam Irular Colony Valli W/o Chinnappayan 98.185 LHS Residential Squatter

40 Melpakkam Irular Colony Meena W/o Velayutham 98.185 LHS Residential Squatter

41 Melpakkam Irular Colony Malliga W/o Mani 98.185 LHS Residential Squatter

Appendix 3 69

Appendix 3: Attendance Sheet and Minutes of public consultation meeting conducted

on 27 September 2019

70 Appendix 3

Appendix 3 71

72 Appendix 3

Appendix 3 73

74 Appendix 3

Appendix 3 75

Minutes, Photos and Participant list of FGD meetings conducted along with SDRO,

RSO Kancheepuram on 3 February 2020

76 Appendix 3

Appendix 3 77

78 Appendix 3

Appendix 3 79

80 Appendix 3

Appendix 3 81

82 Appendix 3

Appendix 3 83

84 Appendix 3

Snapshots of FGD conducted along with SDRO and RSO Kancheepuram in Irular

Colony on 3 February 2020

Appendix 3 85

Minutes of the FGD conducted n 3 February 2020

86 Appendix 3

Appendix 4 87

Appendix 4: Resettlement site - The layout sketch and house plan

88 Appendix 4

House Plan

89 Appendix 5

Appendix 5: Resettlement site - Layout sketch of Community hall, Anganwadi, OHT,

temple etc

Community Hall

90 Appendix 5

Anganvadi

Appendix 5 91

OHT

92 Appendix 5

Appendix 5 93

94 Appendix 5

Temple

95 Appendix 6

Appendix 6: Few snapshots of the present residence of the indigenous peoples

A model of affected house of the indigenous peoples

A model of affected house of the indigenous peoples

Incomplete private construction due to lack of funds

Place of worship of indigenous peoples