REHABILITATION OF JAFFNA PONALAI POINT PEDRO (AB21) … · GRM Grievance Redness Mechanism HH...

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Resettlement Action Plan- AB 21 Road, Jaffna RESETTLEMENT ACTION PLAN FOR REHABILITATION OF JAFFNA PONALAI POINT PEDRO (AB21) ROAD SECTION OF 12.7KM MINISTRY OF MEGAPOLIS AND WESTERN DEVELOPMENT Prepared by STARTEGIC CITIES DEVELOPMENT PROJECT (SCDP) Sethsiripaya, Battaramulla Sri Lanka February 2019

Transcript of REHABILITATION OF JAFFNA PONALAI POINT PEDRO (AB21) … · GRM Grievance Redness Mechanism HH...

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Resettlement Action Plan- AB 21 Road, Jaffna

RESETTLEMENT ACTION PLAN

FOR

REHABILITATION OF JAFFNA PONALAI POINT PEDRO (AB21) ROAD

SECTION OF 12.7KM

MINISTRY OF MEGAPOLIS AND WESTERN DEVELOPMENT

Prepared by

STARTEGIC CITIES DEVELOPMENT PROJECT (SCDP)

Sethsiripaya, Battaramulla

Sri Lanka

February 2019

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Contents Abbreviations ...................................................................................................................... v Glossary of Terms ............................................................................................................. vii Executive SummAry ........................................................................................................... xi

CHAPTER ONE ......................................................................................................... 1

1. PROJECT DESCRIPTION .............................................................................................. 1 1.1 INTRODUCTION ......................................................................................................................... 1

1.2 SUB PROJECT AREA (AB 21 ROAD) ............................................................................................ 2

1.3 EXISTING CONDITION OF THE ROAD ......................................................................................... 3

1.4 SIGNIFICANCE OF THE SUBPROJECT ......................................................................................... 4

1.5 Proposed civil works of the AB21 Road section ........................................................................ 5

1.6 Design Alternatives CONSIDERED ............................................................................................. 5

1.7 Preparation of Resettlement Action Plan ................................................................................. 7

CHAPTER TWO ......................................................................................................... 8

2. Social Impact Assessment .............................................................................................. 8 2.1 Background ............................................................................................................................... 8

2.2 Methodology of Social Impact Assessment .............................................................................. 8

2.3 Scope of Land Acquisition and Resettlement ........................................................................... 9

2.4 IMPACTS OF LAND ACQUISTION ............................................................................................. 12

2.5 Impact on BUILT Structures .................................................................................................... 17

2.6 Impact on Government assets ................................................................................................ 18

2.7 Impacts on trees...................................................................................................................... 18

2.8. Impacts on crops .................................................................................................................... 19

2.9 Impacts on Common Utilities .................................................................................................. 20

2.10 Construction Related Impacts and Mitigation Measures ..................................................... 20

2.11 Socioeconomic Profile of the Project Affected Persons ....................................................... 22

CHAPTER THREE ................................................................................................... 28

3.0 Legal and Policy Framework ....................................................................................... 28 3.1 Introduction ............................................................................................................................ 28

3.2 Legal Framework for Involuntary Land Acquisitions ............................................................... 28

3.3 Gaps between Country and World Bank Safeguards Requirements ...................................... 35

CHAPTER FOUR ..................................................................................................... 39

4.0 Eligibility and Entitlements .......................................................................................... 39 4.1 Introduction ............................................................................................................................ 39

4.2 Eligibility .................................................................................................................................. 39

4.3 Cut-off Date ............................................................................................................................. 40

4.4 Disputes Relating to Compensation ........................................................................................ 40

4.5 Entitlement Matrix .................................................................................................................. 40

CHAPTER FIVE............................................................................................................. 44

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5.0 INFORMATION DISCLOSURE, Public Consultation and Participation ....................... 44 5.1 Preliminary Consultations ....................................................................................................... 46

5.2 Consultations during Resettlement Planning Stage and the Initial Design Completion stage 47

5.3 Information Disclosure ............................................................................................................ 48

CHAPTER SIX .............................................................................................................. 50

6.0 Grievance Redress Mechanism .................................................................................. 50 6.1 Structure of the GRM .............................................................................................................. 50

CHAPTER SEVEN ......................................................................................................... 53

7.0 Institutional Framework ............................................................................................... 53

CHAPTER EIGHT .......................................................................................................... 57

8.0 Resettlement Budget and Financing ........................................................................... 57

CHAPTER NINE ............................................................................................................ 59

9.0 Implementation Schedule ........................................................................................... 59

CHAPTER TEN ............................................................................................................. 60

10.0 Monitoring and Evaluation......................................................................................... 60 10.1 internal monitoring ............................................................................................................... 60

10.2 External Monitoring .............................................................................................................. 62

Annexures ................................................................................................................ 63

Annex 1: Inventory of Losses ........................................................................................................ 64

Annex 2 Letter from GA on Land Mines Clearance ....................................................................... 72

Annex 3: Social Impacts Mitigation Plan ....................................................................................... 73

Annex 4: Letter of consent for shifting Kakkaitivu Narasimar Kovil ............................................. 80

Annex 5: List of Participants AT Consultations ............................................................................. 81

Annex 6: Brochure used for information disclosure ..................................................................... 92

Annex 7: Media notification about the rehabilitation of AB 21 Road section .............................. 93

Annex 8: Announcement notification of the cut-off date ............................................................ 94

Annex 9: Chainage wise land acquisition and impactS ................................................................. 95

Annex 10: PCR Clearance for Sri Narasinger Kovil Kakkaitivu relocation ..................................... 96

Annex 11: design of Kovil .............................................................................................................. 97

ANNEX 12: Layout of Water Supply Line- Valikamum South West PS .......................................... 98

Table 1: Details of land affected by acquisition ........................................................................................ xii

Table 2: Detail of traffic survey ................................................................................................................... 2

Table 3: Structures located along the road section .................................................................................... 3

Table 4: Impacts on structures designs....................................................................................................... 6

Table 5: Advanced Tracing .......................................................................................................................... 9

Table 6: Ownership of land required for the project ................................................................................ 10

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Table 7: State land to be taken over for road rehabilitation ................................................................... 10

Table 8: Kovil land to be taken over for road rehabilitation ................................................................... 11

Table 9: Church land to be taken over for road rehabilitation ................................................................ 11

Table 10: Affected land and landowners .................................................................................................. 12

Table 11: Land use pattern of the affected land ..................................................................................... 13

Table 12: The Extent of Private Land Acquired from APs ........................................................................ 13

Table 13: The Extent of Private Land Acquired from APs ........................................................................ 14

Table 14 : Land use pattern of the affected land owned by Kovil ........................................................... 15

Table 15: Land use pattern of the affected land owned by Churches ..................................................... 16

Table 16: Damages to be caused to auxiliary structures of Private Parties ............................................ 17

Table 17: Affected Trees and their estimated values ............................................................................... 19

Table 18: Impact on Paddy lands .............................................................................................................. 19

Table 19: Impacts on common utilities ..................................................................................................... 20

Table 20: Project influenced GN Divisions ................................................................................................ 23

Table 21: Demographic Profile ................................................................................................................. 23

Table 22: Educational attainments ........................................................................................................... 24

Table 23: Livelihoods of the households ................................................................................................... 25

Table 24: Average monthly household incomes and expenditures ......................................................... 27

Table 25: Land Acquisition Process under Land Acquisition Act No. 9 of 1950 ....................................... 29

Table 26: A compliance review of the legal and policy framework of the Government of Sri Lanka and

the safeguards principles of World Bank’s Involuntary Resettlement Policy ......................................... 36

Table 27: Entitlement Matrix .................................................................................................................... 41

Table 28: Stakeholder Consultations ........................................................................................................ 44

Table 29: Key issues discussed during subproject’s planning stage ........................................................ 47

Table 30: Key issues discussed at consultations ...................................................................................... 48

Table 31: Contact Persons of the Subproject ............................................................................................ 52

Table 32: Roles, responsibilities and reporting procedures of SCDP Social Safeguard Staff in RAP

preparation and implementation for AB 21 Road ................................................................................... 53

Table 33: Key functions of support agencies and institutional mechanisms for RAP implementation .. 55

Table 34 : Resettlement Budget ................................................................................................................ 58

Table 35: Implementation Schedule ......................................................................................................... 59

Table 36: Indicators for Monitoring and Evaluation ................................................................................ 61

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Figure 1: Proposed section of AB21 road for rehabilitation ...................................................................... 2

Figure 2: Kovil building to be relocated .................................................................................................... 16

Figure 3: GRM Diagram ............................................................................................................................. 51

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ABBREVIATIONS

BP Bank Procedure

CDO Community Development Officer

CEA Central Environmental Authority

CEB Ceylon Electricity Board

CSO Community Service Organization

DS Divisional Secretary

DSD Divisional Secretary Division

EAC Entitlement Assessment Committee

EIA Environmental Impact Assessment

EM Entitlement Matrix

FGD Focus Group Discussion

GAP Gender Action Plan

GN Grama Niladhari

GND Grama Niladari Division

GOSL Government of Sri Lanka

GRC Grievance Redress Committee

GRM Grievance Redness Mechanism

HH Household

IEE Initial Environmental Examination

IGP Independent Grievance Panel

IOL Inventory of Losses

IR Involuntary Resettlement

IRP Income Restoration Program

JCR Jaffna City Region

JMC Jaffna Municipal Council

LA Local Authority

LAA Land Acquisition Act

LAR Land Acquisition Regulations

LARC Land Acquisition and the Resettlement Committee

LDO Land Development Ordinance

LF Live Fence

LRC Local Resettlement Committee

MC Municipal Council

MM&WD Ministry of Megapolis and Western Development

NCW National Committee on Women

NEA National Environment Act

NGOs Non-Governmental Organizations

NIRP National Involuntary Resettlement Policy

NPSC National Project Steering Committee

NWS&DB National Water Supply and Drainage Board

OP Operational Policy

PAA Project Approving Agency

PAH Project Affected Household

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PAP Project Affected Person

PC Provincial Council

PCR Physical Cultural Resource

PD Project Director

PEA Project Executing Agency

PIU Project Implementation Unit

PMU Project Management Unit

PPAs Project Partner Agencies

PS Pradeshiya Sabha

R&R Resettlement and Rehabilitation

RAP Resettlement Action Plan

RDA Road Development Authority

RoW Right of Way

RPF Resettlement Policy Framework

R&R Resettlement and Rehabilitation

SA Social Assessment

SIA Social Impact Assessment

SCDP Strategic Cities Development Project

SDO Social Development Officer

SLRs Sri Lankan Rupees

SLT Sri Lanka Telecom

TSF Tin Sheet Fence

UC Urban Council

UDA Urban Development Authority

WB World Bank

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GLOSSARY OF TERMS

Affected Person: Any person, group, community, people who, as a result of the

implementation of SCDP, was/were affected by loss of the right to own, use or otherwise

benefit from land (residential, agricultural, commercial), water, livelihood, annual or perennial

crops and trees, a built structure, or any other fixed or movable assets, either in full or in part,

permanently or temporarily.

Business Owner: Any person who owns or conducts a business within the project-affected

area, the operation of which may be disrupted by the construction work under the project.

S/he can be a legal owner, non-titled structure owner, or tenant and will receive different

compensation and R&R packages as per the Entitlement Matrix (EM).

Census: Complete enumeration based on a household questionnaire that covers all affected

persons, irrespective of ownership and entitlement, and their assets. It can be used to

minimize fraudulent claims made by people who move into the project affected area in the

hope of being compensated or resettled.

Compensation: Payment in cash or in kind for an asset or a resource that is acquired or

affected by a project, at the time the asset needs to be replaced.

Cut-off date: The cut-off date for eligibility for entitlement for the titleholders is the date of

notification under the Land Acquisition Act (LAA) and/or date of the start of the censuses.

Persons who encroach on the area after the cut-off-date are not entitled to claim

compensation or any other form of resettlement assistance. The cut-off date will be publicly

announced as detailed in the RAP.

Encroacher: Someone who has illegally expanded, or extended the outer limit of his private

premises beyond the approved building line or agricultural land and has occupied public space

beyond his/her plot or agricultural land.

Entitlement: A variety of measures comprising compensation, income restoration, transfer

assistance, income substitution, relocation and other benefits which are due to affected

people, depending on the nature of the their losses, to restore their economic and social base.

Gender Equity: Recognition of both genders in the provision of entitlements, treatment and

other measures under the Resettlement Action Plan.

Host Population: People living in or around areas to which people physically displaced by a

project will be resettled who, in turn, may be affected by the resettlement.

Household: Persons who may or may not be related to each other and who live under one roof

and typically have common cooking and eating arrangements.

Indigenous People: “Indigenous Peoples” is used in a generic sense to refer to a distinct,

vulnerable, social and cultural group possessing the following characteristics in varying

degrees:(a) self-identification as members of a distinct indigenous cultural group and

recognition of this identity by others;(b) collective attachment to geographically distinct

habitats or ancestral territories in the project area and to the natural resources in these

habitats and territories (c) customary cultural, economic, social, or political institutions that

are separate from those of the dominant society and culture; and (d) an indigenous language,

often different from the official language of the country or region. The only historically known

indigenous people in Sri Lanka called Veddas (‘forest dwellers’) are recognized as citizens of the

country under the Citizens Act 1948, enjoy all rights and privileges enshrined in the

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Constitution of Sri Lanka, and have guaranteed equal access to justice through the

constitutional provisions. Social Assessments confirmed that there are no IP communities live

in selected urban regions for project interventions.

Involuntary Resettlement: Resettlement is involuntary when it occurs without the consent of

the displaced persons or if they give their consent without having the power to refuse

resettlement.

Implementation Schedule: Timeframe of activities of the project

Income Restoration: Re-establishing income sources and livelihoods of people affected.

Land Lot: A land lot refers to a portion of land belong to a PAP/PAPs or government institution.

The department of surveys defines a lot as the basic unit of land after demarcation of their

boundaries.

Land Owners: Owners of land with or without trees, crops or structures affixed to the land with

clear title in government records. In some exceptional cases, a person who owns land/s within

the project-affected areas regardless of proof of such ownership will also be entitled, provided

that such ownership is recognized under law. In such cases, special decisions will be taken by

the LARC in consultation with the local authority, and the community.

Livelihood: A means of living such as agriculture, animal husbandry, fishing, wage labour,

services of various types etc.

Non-Resident Land and Structure Owners: Legal land owners who are not in possession of

their land either because they have rented or leased out their said land and property affixed to

it, or such land has been taken possession of by any other person.

OP 4.12: World Bank’s OP. 4.12 safeguard objective is to avoid or minimize involuntary

resettlement and where it is not feasible, assist displaced persons in improving or at least

restoring their livelihoods and standards of living in real terms relative to pre-displacement

levels or to levels prevailing prior to the beginning of project implementation, whichever is

higher.

Project Affected Household (PAH): Any household or a family that faces an impact as a result

of the implementation of the project, subproject activity, etc., loses the right to own, use or

otherwise benefit from a built structure, land (residential, agricultural, commercial) annual or

perennial crops and trees, or any other fixed or movable assets, either in full or in part,

permanently or temporarily that could affect livelihood.

Project Affected Household Head (PAHH): Any person who is representing the head of family

or household, as a result of the implementation of the subproject, etc., loses the right to own,

use or otherwise benefit from a built structure, land (residential, agricultural, commercial)

annual or perennial crops and trees, or any other fixed or movable assets, either in full or in

part, permanently or temporarily that could affect livelihood.

Reconciliation: The process of making it possible for different groups to exist together without

being opposed to each other and develop the degree of cooperation necessary to share the

society so that all will have better lives together than living in separation.

Relocation: Rebuilding housing, assets including productive land and public infrastructure in

another location.

Rehabilitation: Re-establishing incomes, livelihoods, living and integration with social system.

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Replacement Cost: The rate of compensation for lost assets should be calculated at full

replacement cost. The replacement value is the cost that is adequate to purchase similar

property of same quality in the open market and cover transaction cost. In applying this

method of valuation depreciation is not taken into account. For losses that cannot be easily

valued or compensated attempts are made to establish access to equivalent and culturally

appropriate resources and earning opportunities.

Resettlement: A process to assist the displaced people and communities to replace their lost

land, houses, assets and restore access to assets and services, and improve their

socioeconomic and cultural conditions. It includes settlement of displaced people on buildable

land or houses/ apartments in the same locality with barrier-free access to basic amenities.

New settlement schemes in the context of development projects or subprojects /resettlement/

reconciliation following restoration of law and order including restoration of livelihoods,

incomes and assets bases and assistance to rebuild life after being resettled are also included in

resettlement.

Resettlement Action Plan (RAP): The document in which a project sponsor or other

responsible entity specifies the procedures that it will follow and the actions that it will take to

mitigate adverse effects, compensate losses, and provide development benefits to persons and

communities affected by an investment project.

Resettlement Assistance: Support provided to people who are physically displaced by a

project. Assistance may include transportation, food, shelters, and social services that are

provided to affected people during their relocation. Assistance may also include cash

allowances that compensate affected people for the inconvenience associated with

resentment and defray the expenses of a transition to a new locale, such as moving expenses

and lost works days.

Resident Land and Structure Owners: Owners with clear title deeds for the land and structures

which they are currently occupying for their own use, residential, commercial, cultural or

religious purposes.

Stakeholders: Any and all individuals, groups, organizations and institutions interested in and

potentially affected or benefitted by a project having the ability to influence a project.

Squatter: Someone who has occupied public or private land, developed structures on it and

put such land into residential, agricultural or commercial use without obtaining development

permission and formal title under law.

Sub Families: Second or third family living in the same house registered under the same or

separate register of electors at least 3 years prior to the date of the order published under

Section 2 Notice.

Tenants and Lessees: Occupants that have legally taken any land or properties or both on rent

or lease for a specific period with registered papers recording agreed terms and conditions as

permitted under law.

Vulnerable Groups: People who by virtue of gender, ethnicity, age, physical or mental

disability, economic disadvantage, or social status may be more adversely affected by

resettlement than others and who may be limited in their ability to claim or take advantage of

resettlement assistance and related development benefits. This category specifically refers to

families supported by women and not having able bodied male members who can earn;

families of physically or mentally challenged, very old and infirm persons, who are not able to

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earn sufficiently to support the family; and families that are very poor and recognized by the

government as living below poverty line.

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EXECUTIVE SUMMARY

I. The Strategic Cities Development Project (SCDP) is implementing a city region urban

development programme under the Ministry of Megapolis and Western Development of Sri

Lanka with financial assistance from the World Bank (WB). This program has been extended to

Jaffna city region with additional financing of USD 55 million. The rehabilitation of a section of

the Ponalai Point Pedro Road (A21 road) scheduled to commence in May 2019, constitutes one

of the components under Jaffna city region development program.

II. The section earmarked for rehabilitation of the A21 road stretches from Jaffna Hospital

Junction (1+830 Km) to Ponalai Junction (14+600 Km) covering a total distance of 12.7km. The

rehabilitation work includes the widening of the road from 4.5 meters to 8.8 meters. The

rehabilitation of the road requires acquisition of approximately 7.71 ha (3,050.4 perches) of

land comprising 277 land lots. The initial road design prepared in July 2016 had significant

impacts on residential structures located beside the road. As per the original design of the

trace, the subproject would have had adverse impacts on 50 residential structures, 33

commercial structures and 3 religious places. Though this original design was revised in

September 2017 to minimise the potential impacts, yet there had been no significant reduction

of the impacts could be achieved. The revised design had impacts on 49 residential structures,

26 commercial structures and 3 religious places. Given the magnitude of the impacts, the

revised design was abandoned and, a third design was prepared in January 2018 which

demonstrated a significant reduction in the previous impacts. Accordingly, the subproject will

now cause partial damages to 2 commercial structures and full damages to one religious place.

III. The AB21 road traverses Divisional Secretary Divisions of Jaffna, Valikamam West and

Valikamam Southwest. The three Divisional Secretary Divisions encompass 15 Grama Niladhiri

Divisions (GNDs), whose population estimated at 30,308 will be the beneficiaries of the road

once it is rehabilitated. All persons/households to be affected by the project were enumerated

in a census and socio economic survey conducted in April 2018.

IV. Of the 7.71 ha (3,050.4 perches) of land comprising 277 lots required for road widening,

state land constitutes 79.47%. This state land of 6.13 ha (2,424 perches), is vested with the

Road Development Authority (RDA), Divisional Secretary, Pradeshiya Sabha and the Palmyra

Development Board. The total number of land lots under the state is 46. The land belonging to

private individuals and the religious institutions comprise 16.66% and 3.32% respectively. The

private land covers 189 lots, while the land belonging to religious institutions includes 32 lots.

Moreover, a community based funeral aid society will lose one land lot. The landowners for 9

of the private land lots could not be traced during the census survey. The acquisition of the

rest 189 land lots will affect 163 landowners, whose household population is estimated at 735.

This population comprises 387 males and 348 females. The heads of 34 households fall into

vulnerable categories.

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Table 1: Details of land affected by acquisition

V. Land acquisitions for the project will not cause any physical displacements of the

affected households. However, land acquisitions will affect a small bicycle repair workshop, a

fishing gear storage room and a small Kovil. The bicycle repair workshop will be fully affected

requiring its relocation in a nearby land owned by the AP. The fishing gear storage room used

by fishermen and belonging to the Valikamam South West Pradeshiya Sabha, requires to be

reconstructed in the remaining portion of same land. Moreover, a small Hindu Kovil will be

relocated in the remaining portion of same land owned by the Valikamam South West

Pradeshiya Sabha.

VI. Any potential adverse impacts on primary structures such as residential structures were

avoided by incorporating changes to the technical design. However, some impacts are

anticipated on auxiliary structures such as boundary walls, fences, gates and toilet pits.

VII. The resettlement planning including entitlements and compensation for project

affected persons will be guided by the Land Acquisition Act of 1950, Land Acquisition

Regulations of 2008 and 2013, the National Involuntary Resettlement Policy (2001) of Sri Lanka,

the Involuntary Resettlement Policy (OP 4.12) of the World Bank and the Resettlement Policy

Framework of SCDP. The entitlement matrix (EM) based on the above policies provides for

specific compensation measures and assistance applicable to each category of affected

persons.

VIII. Information dissemination, and consultations with affected persons and other

stakeholders continued throughout the resettlement planning process. Consultations and

information dissemination processes will extend to rest of the project cycle

IX. The MM&WD is the PIA responsible for overall project coordination and implementation. The PMU established in the MM&WD is responsible for the management and coordination of all sub projects. The PIU established in Jaffna is responsible for implementation and coordination of all sub projects identified for the particular city region.

X. The PMU of SCDP is responsible for overall coordination, supervision and monitoring of project’s compliance with social safeguards which include resettlement planning, fund disbursements, coordination of all activities related to RAP implementation, monitoring and reporting. The Project Director (PD) will liaise with MM&WD and WB for all functions related to safeguards management and reporting. The PD is assisted by a social unit headed by a Deputy Project Director based in Colombo. The National Project Steering Committee (NPSC) chaired by

APs category No. of APs Land

No. of Lots Extent (Perch)

State 4 46 2,424.0

Private 163 189 508.1

Not Known 9 9 16.0

Kovil 5 25 69.1

Church 3 7 32.3

Community Organization

1 1 0.9

Total 185 277 3,050.4

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the Secretary of MM&WD at its bi-annual meetings will monitor the overall progress of project implementation including safeguards management, resolve implementation issues, and coordinate with other government agencies which are connected to the project implementation. Social Development officer at PIU in Jaffna is responsible for the implementation of the RAP with directions and guidance from the Additional PD and DPD (Jaffna).

XI. The project will have a multi-tier grievance redress mechanism established at subproject site level, PIU level, PMU level and the national level to address the grievances reported by affected persons and the general public.

XII. The resettlement budget is estimated at SLRs 113.349 million which is equivalent to US

0.6368 million (at an exchange rate of 1US $= SLRs. 178/- as at February 7, 2019). The budget

covers compensation for land, structures and trees, implementation of an income restoration

program, monitoring and evaluation. The required funds will be allocated by GOSL and

disbursed through the MM&WD.

XIII. The implementation period of the RAP will be 18 months. Its operation schedule

consists of four main interventions: (i) payment of compensation for land acquired for the

project, (ii) rehabilitation/reconstruction of damage secondary structures, (iii) providing

resettlement and rehabilitation assistance to affected persons (iv) relocation of a fully affected

business structure, and storage room and shifting of a small Hindu Kovil within the same

premises.

XIV. The implementation of RAP will be monitored internally by PMU particularly on the

processes of land acquisition, payment of compensation, restoration of livelihoods and AP

satisfaction with compensation packages. The PMU will use a set of verifiable indicators to

measure the processes, outputs, outcomes and impacts of RAP implementation. The external

monitor of SCDP will track safeguard compliance in all stages of project implementation.

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CHAPTER ONE

1. PROJECT DESCRIPTION

1.1 INTRODUCTION

1. The Strategic Cities Development Project has been initiated by the Government of Sri

Lanka under the Ministry of Megapolis and Western Development, to respond to some of the

current urban problems and the emerging needs of a Middle Income Country that it aspires to

achieve in the medium term whilst addressing the long term goals of sustainability, inclusion

and poverty reduction. The total project cost amounting to USD 192.08 million is co-financed

by the GOSL with USD 45.08 million and the World Bank Group (Project ID: P130548) with IDA

credit facility of USD 147 million. The Galle City Region Development and the Kandy City Region

Development are the initial components of SCDP and subsequently USD 55 million was

allocated to support the Jaffna City Region Development.

2. The strategic objective of SCDP will be realized through developing a system of

competitive and strategically linked cities of Sri Lanka to improve urban services and public

urban spaces contributing to improved liveability and investment attractiveness. This concept

of systemic urban development underscores triggering strategic or purposive linkages between

and among the selected cities towards achieving the stated development outcomes of the

project over and above the physical outputs and thereby contributing to cause or reinforce

positive impacts. In this connection, the cities are placed within a framework of City Region

instead of confining interventions to administrative boundaries of the local government

authorities under whose jurisdiction the cities are situated.

3. The Jaffna City Region Interventions place priority in investments to relieve traffic

congestion, improve drainage including storm water retention ponds and upgrade municipal

services to enhance liveability and to sustain the cultural heritage of the city and the

agglomeration areas.

4. Interventions planned for Jaffna City Region aim to expand urban service delivery,

improve drainage systems and revive cultural and archaeologically significant sites through key

urban interventions. They include (I) road development and traffic management including

rehabilitation of two major roads which have a significant role in strengthening the rural-urban

linkages, and contributing to developing a comprehensive public transport and traffic

management strategy for Jaffna; (ii) drainage improvement containing improvement of

drainage structures within Jaffna municipal area, developing drainage master plan and

developing public spaces around ponds; (iii) urban upgrading and cultural heritage -

enhancement of selected streets, parks, community centers and public spaces, public

amenities such as public toilets, restoration of cultural heritage assets, public safety and

adaptive reuse of historic and landmark buildings; and (iv) capacity building and

implementation support - strengthening capacity of the Jaffna Municipal Council and

preparation of a master plan for Jaffna town development.

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1.2 SUB PROJECT AREA (AB 21 ROAD)

5. Jaffna- Ponalai- Point Pedro (AB21) road starts from Jaffna Fort and runs along the

North West coast of the Jaffna peninsula. It passes through Vaddukoddai, Ponalai and

Kankasenthurai towns and ends at Point Pedro. The total length of the road is about 54.54 km.

The road passes through 6 divisional secretary divisions in the Jaffna district. The road section

selected for rehabilitation by SCDP is approximately 12.7Km starting from the Jaffna hospital

road junction (1+830Km) and ending at Ponalai Junction (14+600km). This road section

provides access to 15 Grama Niladhari Divisions (GNDs) in the Divisional Secretary Divisions of

Jaffna, Valikamam West and Valikamam South West. This road section is extensively used by

people from Karainagar Island to reach the Jaffna City.

6. As can be seen from the results of traffic survey conducted in 2016 (see Table 2), the

road is extensively used by a variety of modes of transport. Of them, motorcycles constitute

the predominant mode of transport. The total number of vehicles running on the selected

section of the road over a 12 hour period was enumerated as 9,200 of which 6,580 or 72% are

the motorcycles. Table 2: Detail of traffic survey

Section Length

(km)

12 hours Average Traffic by Vehicle Type

Motor

Bike

3

Wheeler

Car,

Jeep Van LGV1

Medium

Truck

Large

Truck

Container

Trailer Minibus Bus Others Total

Section 1 0-1.7 992 96 27 21 54 58 40 - 8 3 2 1,301

Section 2 1.7-6.2 2,690 400 134 98 110 44 82 - 50 30 48 3,686

Section 3 6.2-9.3 1,880 228 76 66 120 24 45 - 24 22 - 2,485

Section 4 9.3-12.9 1,020 293 126 104 60 21 12 2 20 43 27 1,728

Source: Final Design Report-AB21, Traffic survey on 8th, 9th, and 16th June 2016

1 LGV-Large Good Vehicle

Figure 1: Proposed section of AB21 road for rehabilitation

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1.3 EXISTING CONDITION OF THE ROAD

7. The surface of the road is built with metal and covered width tarred bituminous. It has a

4.5 -5.5m wide carriage way and a 1- 1.5m wide earthen shoulder. The road surface is rough

and uneven. Most sections of the road surface are damaged. However, not many potholes are

observed. The speed of the vehicles cannot exceed 30 - 40 km/ hour due to uneven road

surface. There are 29 box culverts, 8 Hume pipe culverts, and 5 bridges, totalling to 43

structures located along the road section which have to be either widened or replaced. Details

are as follows (Table 3). Inadequate maintenance or improvements in the past three decades

due to civil war was the main reason for the dilapidated condition of the road.

Table 3: Structures located along the road section

SN Type of

Structure Nos Present Condition Recommendations

1 Box Culverts

5

Are in good in condition.

Dimensions do not align with the proposed

design

Need to be replaced

1 Is in good condition Need to be widened

20 Blocked and dilapidated condition Need to be replaced

3 Unprotected reinforcements Need to be replaced

Sub Total 29

2

Hume Pipe

Culverts

1

Are in good in condition.

Dimensions do not align with the proposed

design

Need to be replaced

8 Blocked and dilapidated condition Need to be replaced

Sub Total 9

3 Bridges

2 Are in dilapidated condition Need to be replaced

3 Unprotected reinforcements Need to be replaced

Sub Total 5

Grand Total 43

Source: Final Design Report for AB21 Road- 29th July 2016

8. The existing condition of the road causes several inconveniences to road users. They

include;

• Some sections of road get flooded during rainy times due to lack of proper

drainage system for the road

• Increased vehicle repair cost due to frequent damages caused to vehicles,

having to drive along a bad road

• Comparatively high rates charged by drivers of hired vehicles due to poor and

difficult conditions of the road

• Increased travel time due to low running speed

• Flooding of agricultural lands during rainy season and crop damages due to

poor drainage system and malfunctioning of existing culverts

• Traffic congestion particularly during peak hours of the fish market operations

and the risk of accidents to pedestrians at the market junction near the

Kakkaithivu fish landing site area (4+020 Km), due to the narrow carriageway

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9. The rehabilitation of the road section traversing the Jaffna municipal council area (from

Jaffna hospital junction-1+830 km to Nawanthurai Junction-3+480 km) does not require

additional land acquisitions as there is adequate land space either side of the road to carry out

the civil works. However, the RoW of the remaining section of the road from Nawanthurai

Junction- 3+480km to Ponnalai Junction- 14+600km is a narrow strip of land thus requiring

acquisition of additional land for the proposed construction work of the road. There are several

settlements, paddy fields, and other agricultural fields as well as the Jaffna lagoon located

adjacent to this narrow section of the road.

1.4 SIGNIFICANCE OF THE SUBPROJECT

1.4.1 Positive Impacts

10. The AB21 road is one of the major roads that provide access to Jaffna City from the

Karainagar Island and the western part of the Valikamam area. The rehabilitation and

improvement of this road section would introduce several positive benefits to the people in

Jaffna. Among them are;

I. Increase of travel speed and reduce of travel time of the commuters: It is anticipated that

travel time between Hospital junction and Ponanalai junction covering 12.7Km would be

reduced significantly and that it would take only about 10 minutes to reach the

destinations.

II. Increase of travel convenience of commuters

III. Decrease of travel costs from Jaffna to areas such as Ponnalai, Moolai and Karainagar

Island. Karainagar Island is located 5.7 km away from Ponnalai junction in the northern

direction of the peninsula and Ponnalai junction and Karainagar Island are linked via AB

17 road.

IV. The road users of B230, B437, B414 and B436 roads will gain easy access to Jaffna city via

AB21 road.

V. Significant contribution to the improvement of the road network in Jaffna. For example,

AB21 road connects to the southern part of the Jaffna peninsula and to the western

islands of Jaffna, and mainly Karainagar.

VI. Increase of access to markets through enhanced modes of transport fostering economic

growth. Both farm and fish produce in the area, will reach their respective markets

because of the improved connectivity regardless of the scale and type of production.

Specifically, the fishing community will have easy access to their markets in Kakathivu and

Karainagar. The business transactions in the agriculture as well as in the fishery sector in

the western part of the lagoon, and around the well-known natural fish harbour at

Kakethive Jetty, located by the side of the road will also be benefitted. Both farmers and

fishermen will benefit from increased demand for their produce.

VII. Increase of the incomes of marginal farmers and fishermen due to improved market

access for their produce.

VIII. Promotion of investments in the area and better integration of local producers with

centers of growth within and outside the region, and leading to regional economic

development.

IX. Decrease of vehicle running costs in terms of fuel consumption and maintenance costs.

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X. Improved access to wage labourers, both men and women, especially in poor households,

in agriculture and non-agriculture sectors in the region–to their work sites or potential

employment opportunities.

XI. Improved access to health, education, and administrative services, and food supplies.

XII. Avoiding storm water accumulation at Araly North (Chainage at 8+000 to 8+080) by

widening and improving the road and the drainage which in turn would stabilize a cleaner

environment in the urban areas.

XIII. Strengthening of Jaffna’s efforts in promoting tourism industry. The lagoon area in the

western coast is one of significant tourist attractions in the peninsula. The AB21 road

running through a semi-arid region and closer to the lagoon provides an ideal location for

nature lovers to reach the endemic Birds Sanctuary in a marine wetland.

XIV. Increased convenience, cost reductions and time savings for cyclists and motorcyclists

who extensively use this road for their travel and transport of goods. They are mostly

from the lower middle and poorer segments of the society. The road improvements will

benefit those poor people who transport their agricultural produce to the markets using

push bicycles and motorcycles. Overall, the road rehabilitation would contribute to the

economic growth and poverty reduction in the Jaffna district

1.5 PROPOSED CIVIL WORKS OF THE AB21 ROAD SECTION

11. The rehabilitation work of the road section include road widening, laying asphalt

concrete, construction of road shoulders, construction of protection walls where necessary,

relocation of utilities like electricity lines, restoration of damaged properties and community

facilities. The following civil works are prioritized accordingly:

• Asphalt concreting of 8.8m width of the right of way of the 12.7 km road including a

6.4m carriageway and 1.2m hard shoulder on both sides. There will be 2m soft

shoulder

• Elevation of the road’ssections which are frequently inundated during heavy rains

• Rehabilitation of 39 existing culverts with increased capacity, and construction of 6

new culverts to provide efficient drainage system

• Paved pedestrian walkways at town areas

• Shifting the utility lines within the new RoW

• Installing road signs and markings along the road

• Construction of 9 bus shelters along the road

12. The project will be implemented by SCDP in partnership with RDA (PPA). The civil works

of the project is planned to be commenced in May 2019 and to be completed within a period

of 24 months. The estimated cost of the project is SLRs 1,230 million.

1.6 DESIGN ALTERNATIVES CONSIDERED

13. A number of alternative designs were considered in selecting the RoW for the road

section to be rehabilitated in order avoid or minimize adverse impacts on private land and the

community at large. To minimize adverse impacts, the SCDP adopted the following WB

Safeguard Principles:

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i. Avoid or minimize acquisition of private lands unless absolutely required through

analysis of alternatives;

ii. Avoid involuntary resettlement and minimize loss of land, structures, other

assets and incomes by exploring all viable options;

iii. Use as much state lands as possible which are free of encroachment and other

encumbrances

iv. Consider alternative designs in order to avoid or minimize adverse impacts on

objects and sites like places of worship, cemeteries and structures that are

considered socially and religiously important; and

v. Incorporate gender and poverty considerations in social management, planning

and implementation processes.

14. The project ensured that no residential structures are damaged except for auxiliary

structures like fences and boundary walls. The design with minimal resettlement impacts was

selected for implementation. The road section that traverses urban centres will be widened

within the existing road reservation, in order to avoid additional land acquisitions and adverse

impacts on the livelihoods of the people. Wherever, possible, the alignment of the road

sections that traverse rural areas was also bent towards the state owned marshy land to

minimize the acquisition of privately owned paddy lands.

15. The project prepared three engineering designs. The initial engineering design prepared

in July 2016 was to have full and partial impacts on 50 residential structures, 33 commercial

structures, and 3 religious Kovil monuments. The second design prepared in September 2017,

would have partially affected 49 residential structures and 26 commercial structures.

Moreover, the design would have had full and partial impacts on 3 religious structures (1 Kovil

statue and 2 Kovil buildings). The third design was realigned in January 2018 to avoid and

minimize potential damages to those residential, commercial and religious structures. The third

design would have only partial impacts on 2 commercial structures and it would fully affect one

statue in a Kovil. Table 4 explains the estimated impacts of the three different alternative

designs considered.

Table 4: Impacts on structures designs

Chainage in Km

DS Division

Design 1 Design 2 Design 3

Residential Commercial

Religious Residential Commercial

Religious Residential Commercial

Religious

Fully

Par

tial

ly

Fully

Par

tial

ly

Fully

Par

tial

ly

Fully

Par

tial

ly

Fully

Par

tial

ly

Fully

Par

tial

ly

Fully

Par

tial

ly

Fully

Par

tial

ly

Fully

Par

tial

ly

1+830 to 3+740

Jaffna 5 32 3 25 - 2 - 35 - 22 - 2 - - - - - -

3+740 to 7+680

Sandilipai - 4 - 1 1 - 3 - 2 1 - - - - 1 1 -

7+680 to 14+600

Sankanai - 9 - 4 - - 11 - 2 - - - - - 1 - -

Total 5 45 3 30 1 2 - 49 - 26 1 2 - - - 2 1 -

Source: Technical Design Reports-AB21- PMU, SCDP

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1.7 PREPARATION OF RESETTLEMENT ACTION PLAN

16. The preparation of the Resettlement Action Plan (RAP) was guided by the Involuntary

Resettlement Policy of the World Bank as stipulated in OP 4.12, Resettlement Policy

Framework of SCDP, the National Involuntary Resettlement Policy (NIRP), Land Acquisition Act

(LAA) No.9 of 1950 as amended in 1986, and the Land Acquisition (Payment of Compensation)

Regulations of 2013 of the Government of Sri Lanka. The RAP analyses the project related

impacts and provides an entitlement matrix that includes cash compensation and other

resettlement and rehabilitation (R&R) assistance for persons affected by the Project.

17. The preparation of the RAP was preceded by due diligence conducted for the proposed

AB 21 road. The social impact assessment (SIA) conducted as part of due diligence was based

on the earlier mentioned engineering design and the advance tracing prepared by Department

of Surveys. The SIA included inventorizing the project impact area, a census of all project

affected persons, and preparation of an inventory of losses (IOL) for all APs. Consultations were

also conducted at different levels with relevant project stakeholders including the affected

persons in order to share project related information, to elicit their inputs for the resettlement

plan and to ensure their participation in the preparation of the RAP. Project related adverse

impacts observed during due diligence were conveyed to the technical design teams and they

were addressed by making appropriate modifications to the project design to minimize the

resettlement impacts.

18. There are no indigenous peoples found within the boundaries earmarked for the

rehabilitation of AB 21 road, and positive or adverse impacts on indigenous peoples are not

anticipated.

19. The RAP will be disclosed in local languages (Tamil and Sinhala) as required by the

safeguard policies of the WB and the GOSL, and disseminated to the public. The RAP will be

disclosed at SCDP’s web site (www.scdp/scdp.lk) as well as World Bank Info Shop after getting

clearances from WB and links will be published on public media. However, anonymity of the

PAPs will be retained in the publicly disclosed documents. In the event of any deviations or

changes are observed in the final engineering design, the SIA will be updated with a

reassessment of the impacts and inventory of losses and, the RAP will be revised and updated

and, the same process will be followed for RAP clearance and disclosure.

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CHAPTER TWO

2. SOCIAL IMPACT ASSESSMENT

2.1 BACKGROUND

20. This chapter examines the social impact of the project resulting from land acquisitions

for road rehabilitation and, other construction related interventions. The chapter outlines the

methodology used for social impact assessment, the categories of affected persons (APs), the

nature and extent of losses experienced by different categories of APs, loss of private and

public assets, impact on gender and other vulnerabilities, construction impacts and overall

profile of the project affected persons and their families. The nature and extent of the losses

have been used to inform and guide the efforts to mitigate adverse impacts while also ensuring

compliance with WB’s and GoSL’s social safeguards policies and safeguards instruments

prepared under SCDP, providing adequate compensation for losses, and developing a viable

and satisfactory resettlement plan.

2.2 METHODOLOGY OF SOCIAL IMPACT ASSESSMENT

21. The SIA adopted the following methodological steps.

I. Inventorizing the project impact area by identifying all the built structures and activities

found within the boundaries of the impact area based on the final design prepared in

January 2018. The project impact area was sub-divided into 3 sub sections based on

the administration boundaries of 3 divisional secretary divisions that cut-across the

road section.

II. In parallel to the inventorization process, an initial screening exercise was carried out to

collect preliminary information on the owners/occupants of the structures, their

postal addresses and contact telephone numbers, types of land use etc. Project

related information was communicated to individual owners/occupiers prior to the

commencement of the exercises. A database was created using this preliminary

information and it served as an initial guide for administering the census survey

among the project-affected persons.

III. A census of all project affected persons was conducted after announcing a cut-off date,

the start date of which was 5th April 2018. The purpose of the census and the cut-off

date was communicated to the APs well in advance of the census both verbally and in

written form. A notice was distributed among individual APs and the posters were

displayed covering all GNDs and the strategic locations along the road. The census

covered 163 households who would be affected by land acquisitions.

IV. The census was followed by a socio economic survey which covered all 163 affected

private parties and a sample of another 25 households who live beside the Road

section from Jaffna hospital junction (1+830km) to Nawanthurei junction (3+480km)

for which land acquisitions are not required. As such, 188 households were covered

altogether in the socio economic survey. The socio economic survey primarily focused

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on to capture the living conditions of the APs including their household characteristics

and livelihood patterns. The survey also elicited views and opinions of the affected

households on the project and their suggestions regarding the rehabilitation of AB 21

road.

22. A series of stakeholder consultations were conducted with the purpose of disclosing

and sharing project related information, verifying the information collected in the screening

processes and censuses, and eliciting their concerns, suggestions and plans for resettlement.

Consultations conducted at individual and group levels included the APs and other

stakeholders. Moreover, government institutions associated with AB 21 road were also

consulted through key informant interviews with relevant officials. Focus Group Discussions

and Key Informant Interviews constituted the key methodologies adopted for stakeholder

consultations. The fishermen, fish vendors and their associations as well as the devotees of the

Hindu Kovil, Kakathive Narasinghe Variravar were consulted on the resettlement related

activities as well as the resettlement plans for the Kakathive fish market. Key informant

interviews were conducted with chief priests of 4 Kovils and 3 churches. A cross-section of the

devotees of the respective religious places was also consulted.

2.3 SCOPE OF LAND ACQUISITION AND RESETTLEMENT

23. The extent of land to be acquired for this subproject was estimated based on the advance tracing prepared by the Department of Surveys (see Table 5). The survey department used the amended technical design in January 2018 for their land surveys.

Table 5: Advanced Tracing

Name of Divisional Secretary Division

Advance Tracing

Jaffna YA/JFF/2017/249 dated 30/12/2017

Valikamam South West Sandilippai

YA/SND/2017/216 dated 30/1/2018

Valikamam West Sankanai YA/CHN/2017/217 dated 30/1/2018 Source: Land Division of SCDP

14. The land earmarked for the rehabilitation of AB 21 road is occupied by different

government agencies, private parties and religious institutions. Except for a few commercial

activities, land adjoining the road is primarily used for residential and agricultural purposes by

private parties. Of the total land requirement for the sub project, around 80% is owned by

government agencies which remain as either unproductive land or as road reservations.

25. The land required for the 12.7 km road section is located in three DS divisions, namely

the Valikamam South West (Sandilippai), Valikamam West (Sankanai) and Jaffna. The widening

and rehabilitation of the road section requires acquisition of 277 land lots with an extent of

7.71 ha (3,050.4 perches) of land. The land earmarked for the subproject belongs to private

parties, several government agencies and religious institutions and a community organization

(Table 6)

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Table 6: Ownership of land required for the project

SN Tenure No. of Land Lots Land Extent

% Perch Hectare

1 Government land 46 2,424 6.13 79.5

2 Private land 198 524.1 1.32 17.1

3 Land belonging to 5 Kovils 25 69.1 0.175 2.3

4 Land belonging to 3 Churches 7 32.3 0.0817 1.0

5 Land belonging to the Funeral Aid Society of

Maran Sakayanithy Chankam

1 0.9 0.00227 0.02

Total 277 3,050.4 7.71 100.0

Source: Land Division, SCDP

2.3.1 State Land

26. Of the land required for the subproject, 79.47% is vested with the government

agencies. This state owned land comprises 46 lots with an extent of 6.13 ha (2,424 perches)

vested with the Road Development Authority (RDA), the Divisional Secretaries of Sankanai and

Sandilippai divisions, Pradeshiya Sabha of Sandilippai and the Palmyrah Development Board. A

major portion of the state land, 78.16% is vested with the two Divisional Secretaries. The rest

1.31% belongs to the Pradeshiya Sabha of Sandilippai, the Palmyra Development Board and the

Road Development Authority. A Toddy Pub in Valikamum West Division managed by the

Palmyra Development Board will lose a strip of land (one land lot) with an extent of 0.03

perches for the subproject. Another land lot with an extent of 4.45 perches where the

Kakkaitivu fish market operates will be required for the road rehabilitation. This land belongs to

the Valikamam South West (Sandilippai) Pradeshiya Sabha. The RDA has 7 other land lots with

an extent of 2,174.74 perches which are maintained as road reservations. These road

reservations too would be used for road widening purposes. The government agencies will

release the land identified for road rehabilitation works to RDA based on a memorandum of

understanding (MOU) reached between the respective government agencies and RDA. Details

of government land to be taken over for road rehabilitation are given in Table 7.

Table 7: State land to be taken over for road rehabilitation

SN Government Institute Division No of Lots Extent (Perch)

1 Divisional Secretary Sankanai 28 151.64

Sandilippai 9 93.14

2 Pradeshiya Sabha Sandilippai 1 4.45

3 Palmyra Board Sankanayi 1 0.03

4 Road Development

Authority 7 2,174.74

Total 46 2,424.0 Source: Census, April 2018

2.3.2 Kovil Land

27. Apart from the state land, 0.175 ha (69.1 perches) or 2.26% of the total land

requirement comprising 25 lots owned by 5 Kovils (Hindu temples) namely, Aththiyadi Pillayar,

Sithamparama, Vannai Sivan, Muththu Mari Amman and Sri Narasinger Kovils will be required

for the subproject. The subproject will acquire 6 highland lots and 5 paddy land lots belonging

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to the Vanni Sivan kovil in Jaffna which is managed by the Kovil Trustees in Jaffna; 10 paddy

land lots belonging to Sithamparam Kovil of South India, managed by a trustee in Jaffna on

behalf of the Sithambaram Kovil; another two paddy lots belonging to Aththiyadi Pillayar Kovil

in Valikamam West DS division; and 2 lots owned by Muthu Mari Amman Kovil and Kakkaithvu

Sri Narasinger Kovil in Valikamam South West DS division. Both paddy lands and highlands are

managed by the respective Kovils. Only Sri Narasinger Kovil- Kakkaitivu will lose a structure due

to land acquisition. Compensation for acquired land will be paid by LARC to the respective Kovil

trustees at replacement cost together with ex-gratia payments to off-set any income losses.

(see Annex 1.2-Inventory of Losses- Religious Institutions for details)

Table 8: Kovil land to be taken over for road rehabilitation

No DS

Division Name of Kovil

Number of Lots

Extent

Hectare Perch

1 Sankanai

Aththiyadi Pillayar Kovil 2 0.026 10.20

2 Sithamparam Kovil 10 0.0826 32.71

3 Vannai Sivan Kovil 11 0.0586 23.20

4 Sandilipai

Muthu Mari Amman Kovil 1 0.0051 2.00

5 Sri Narasinger Kovil Kakkaitivu 1 0.0025 0.99

Total 25 0.175 69.10 Source: Census, April 2018

2.3.3 Church Land

28. The subproject would also require the acquisition of another 7 land lots with an extent

of 0.0817 ha (32.3 perches) or 1.06% of the required land belonging to three churches - Church

of South India, Christian Mission, Araly and the Adaikala Martha church. The seven land lots

comprise 2 paddy lands, 4 e highlands and the land on which a church is situated. However,

land acquisitions will not have any impacts on the church building. (See Annex 1.2 - Inventory

of Losses- Religious Institutions for details). All lands are managed by the Church.

Compensation for acquired land will be paid by LARC to the management of the respective

churches at replacement cost together with ex-gratia payments to off-set any income losses.

Table 9: Church land to be taken over for road rehabilitation

SN DSD Name Of Church No. of Lots

Extent

Hectare Perch

1 Sankanai

Church of South India (CSI) 3 0.0214 8.4

Sandilipai 1 0.0508 20.1

2 Sankanai Chistian Mission Araly 2 0.0084 3.3

3 Sandilipai Aadaikala Matha Church 1 0.0012 0.5

Total 7 0.0818 32.3

2.3.4 Community Land

29. Land acquisitions will also affect one land lot with an extent of 0.00227 ha (0.9 perches)

(0.03% of the total land requirement) belonging to the Maran Sakayanithy Chankam Funeral

Aid Society- Wadukkodai registered under the Divisional Secretariat-Sankanai as a welfare

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society. Compensation for the acquired land will be paid to the Funeral Aid Society at

replacement cost.

2.3.5 Private Land

30. The extent of private land to be acquired is 1.32 ha (524.1 perches) which constitute

17.18% of the total land requirement. The number of private land lots to be acquired is 198

which form 71.5% of the total 277 land lots. Land acquisitions will affect 163 landowners.

However, landowners/claimants for 9 out of the 198 land lots could not be traced during the

census since they lived elsewhere either outside Jaffna or in another country. Inquiries from

the neighbourhood and the Grama Niladhari about these absentee landowners did not yield

any results. The extent of land owned by these absentee landowners is estimated at 0.04 ha

(16 perches). Detail of land to be acquired is presented in Table 10. Cash compensation for

affected land will be paid at replacement cost to the affected parties and, compensation due to

land owners/claimants who do not participate in the land acquisition process will be deposited

in the Courts by the acquiring officer. Such absentee land owners/claimants can claim their due

compensation from the courts at a later stage by providing evidence in support of their

ownership.

2.4 IMPACTS OF LAND ACQUISTION

31. There will be no acquisition of private land for the road section (1.8km) that traverses

Jaffna DS division as the widening of the road to 8.8m could be carried out within the existing

boundaries of RDA’s road reservations. The highest number of acquisitions (85.52%) will be in

the Sankanai DS division followed by Sandilippai DSD. Details of land acquisitions and the

affected parties are presented in Table 10. The chainage wise land acquisition and impact

details are presented in Annex 9.

Table 10: Affected land and landowners

DS Division of the road

section

Affected land Affected Parties

No. Lots Extent

(perches)

State

Agencies

Religious

institutions Private

Comm

unity

Not

Traced

Jaffna

(1+830 to 3+740 Km) 6 81.33 1

Sandilippai

(3+740 to 7+680 Km) 38 1,036.49 2 3 21 2

Sankanai

(7+680 to 14+600 Km) 233 1,932.61 1 5 142 1 7

Total 277 3,050.43 4 8 163 1 9 Source: Census Survey, April 2018

2.4.1 Affected land and its current use

Impacts on Private land

32. The private land to be acquired is used for multiple purposes such as paddy cultivations,

residential and business purposes. Some land remains vacant and not used for any productive

purpose. Compensation for land acquired will be paid by LARC at replacement cost together

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with ex-gratia payments to off-set any income losses. The details of land use pattern together

with their affected parties are presented in Table 11.

Table 11: Land use pattern of the affected land 2

Land Utilization

Land Lots Affected Parties

Lots % Extent (Perch)

% No of APs

%

Paddy Land 112 56.57% 393.70 75.12% 99 54.09%

Residential Land 75 37.88% 95.43 18.21% 73 39.89%

Commercial Land 3 1.52% 8.10 1.55% 3 1.64%

Bare Land 7 3.54% 26.36 5.03% 7 3.82%

Lane (Pathway to access a house)

1 0.51% 0.47 0.09% 1 0.55%

Total 198 100.00% 524.06 100.00% 1833 100.00%

Source: Census, April 2018

Paddy land

Paddy is the main crop cultivated in the project impact area. More than 75% of the affected

private land extent is used for rain fed paddy cultivations. The total affected land area under

paddy is 393.7 perches. Altogether, 112 lots of paddy land are claimed by 99 APs (54.09 %)

including 5 APs who could not be traced. Paddy cultivations are rain-fed and confined to a

single season of the year. Farmers are unable to cultivate in the rest of the year due to lack of

irrigation facilities. Few farmers would cultivate vegetables or other seasonal crops on their

paddy lands during the off-season. As shown in Table 12, land acquisitions will cause loss of

less than 3 perches of paddy land to 51 APs (51.5%); 3-5 perches to 15 Aps (15.15%); and 5-10

perches 29 APs (29.29%). Only 4 APs (4.04%) will lose more than 10 perches from their paddy

holdings. The affected paddy land constitutes narrow strips along the road’s RoW.

Table 12: The Extent of Private Land Acquired from APs

Extent per AP No. of APs Percentage (%)

<1 Perches 9 9.09

1-3perches 42 42.42

3-5 Perches 15 13.64

5-7 perches 18 15.15

7-10 perches 11 11.11

10-13 Perches 3 3.03

13-17 Perches 1 1.01

Total 99 100.0 Source: Census, April 2018

2 Data on land use pattern of the affected land was collected mainly through Census and observations and this data includes the land use details of the 9 absentee owners (9 land lots) as well 3 There are 11 APs who lose both paddy and highland (8 APs lose paddy and residential land, 2 APs lose paddy commercial land and 1 AP loses paddy and bare land)

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Commercial land

33. The subproject requires acquisition of 8.1 perches of land used by three APs for

commercial purposes. The extent of land to be lost to each individual AP is 3.71, 0.95 and 3.44

perches respectively. Among 3 APs; one AP owns paddy land in addition to commercial land lot

and he will lose 16.8 perches of land from his paddy land due to the acquisition. Land

acquisitions will not interfere with the business activities and the livelihoods of the three

business operators. Their business activities can be continued in the remaining portion of the

land after acquisition. However, land acquisitions will lead to the relocation of a bicycle repair

workshop which is operated by an unregistered tenant who is also a physically disabled person.

The workshop is constructed with tin sheets with a floor area of 100 square feet. The workshop

operator pays a monthly rent to the landowner. The remaining portion of the land after

acquisition is not viable to re-establish the workshop. The bicycle workshop operator has

agreed to shift the workshop to one of his own land located 50 m away from AB 21 road.

Because of its proximity to the main road, any adverse impacts on his customer base are not

anticipated. The LARC will pay compensation at replacement cost for the restoration of his

workshop in the new land together with other R&R assistance for loss of incomes during the

transition period, a livelihood restoration grant and the transportation of his machinery,

equipment and salvage material. In the event of AP is unable to attend to the reconstruction

work and the shifting by himself due to his disability, the project will take over the

responsibility to ensure complete restoration of his livelihood.

Residential land

Land acquisitions will partially affect 73 APs who use their land for residential purposes. The

total extent of residential land to be acquired is 95.43 perches (75 lots). Apart from some

auxiliary structures situated on these residential land plots (to be discussed later), no primary

structures on the land would be affected by land acquisitions. Land to be acquired from

individual APs form only a narrow strip of their respective lands. As shown in Table 13, land

acquisitions will result in a loss of less than 1 perch of land to 40 APs (55%); 1-3 perches of land

to 29 APs (40%); and 3-7 perches to 4 APs (5%) homesteads.

Table 13: The Extent of Private Land Acquired from APs

Extent per AP No. of APs Percentage (%)

<1 Perches 40 54.79

1-3perches 29 39.72

3-5 Perches 3 4.12

5-7 perches 1 1.36

Total 73 100.0 Source: Census, April 2018

Vacant/barren land

34. Land acquisitions will also affect another 26.36 perches (7 land lots) owned by 7 APs.

These lands are not used for any productive purposes and they remain vacant. No built

structures, trees or livelihood activities are found on this land. The impact of the acquisition of

the vacant lands includes 4 APs losing less than 1 perch of their land; 2 other APs losing 1-10

perches; and 1 AP losing more than 10 perches.

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2.4.2 Impacts on Kovil land

Paddy land

35. Land acquisitions will cause loss of 17 lots of paddy land belonging to 3 Kovils, namely

Sithamparam Kovil, Vannai Sivan Kovil and Aththiyadi Pillayar Kovil. The number of lots to be

acquired from the 3 Kovils is 9, 6 and 2 respectively. The total extent is 61.18 perches. The

trustees of the respective Kovils are responsible for the management of these lands. Paddy

cultivations are rain-fed and mostly confined to a single season of the year and, that too will be

dependent on the availability of adequate rain water. Lands cannot be cultivated throughout

the year as there is no irrigation system. During off-season, few Kovil trustees would grow

vegetables or other seasonal crops on these paddy lands.

Table 14 : Land use pattern of the affected land owned by Kovil

Land Utilization Lots Extent (Perch)

Paddy Land 17 61.18

High Land 6 4.90

Kovil Premises 2 3.00

Total 25 69.1

Highlands

36. The subproject will also cause loss of six lots of highland with an extent of 4.90 perches

belonging to the Vannai Sivan Kovil. Of the six land lots, the Kovil premises spread over to 2

land lots whereas the rest are remains as vacant. Land acquisitions will not affect the Kovil or

its immediate premises.

Kovil premises

37. Land acquisitions will affect the premises of two Hindu Kovils and, the extent of land to

be lost is 3 perches comprising 2 land lots. The land to be acquired from the Kovil premises of

Muthu Mari Amman Kovil is insignificant and, will not have any major adverse impacts on the

Kovil structures. However, acquisition of a part of the Kovil premises land from the Kakkaithvu

Sri Narasinger Kovil will require the relocation of the Kovil in the remaining portion of the same

premises. The project has obtained the consent of the Kovil trustees for its relocation and,

costs associated with the reconstruction of the Kovil and for the related rituals to be performed

during shifting and re-installation of the statutes are included in the resettlement budget of

this RAP. The project will comply with the policy principles of Bank’s OP 4.11- Physical Cultural

Resources (PCR) in the process of relocating the Kovil. (see Annex 10)

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2.4.3 Impacts on Church Land

40. Land belonging to three Christian churches will be affected by acquisitions. The Church

of South India (CSI) will lose 2 lots of their paddy land with an extent of 3.32 perches. A board

of trustee in Jaffna on behalf of the Church cultivates this paddy land. In addition to paddy

land, the three churches will also lose 4 other land lots containing 27.72 perches. These land

lots are not used for any productive purposes and they remain s vacant.

41. The acquisition of one other land lot covering an extent of 1.30 perches and belonging

to the Christian Mission Araly church will affect two boundary walls with two entrance gates of

the church premises. Apart from the compensation paid for the acquired land at replacement

cost, LARC will pay cash compensation at replacement cost enabling the church to restore the

boundary wall to its original or better condition in the remaining portion of the land

Table 15: Land use pattern of the affected land owned by Churches

Land Utilization Lots Extent (Perch)

Paddy Land 2 3.32

Bare Land 4 27.72

Church Premises 1 1.30

Total 7 32.33 Source: Census, April 2018

2.4.4. Impacts on Funeral Aid Society Land

42. Land belonging to Marana Sakaynithy Chankam (Funeral Aid Society) in Sakanai will be

affected by acquisitions. The Funeral Aid Society will lose 1 lot of their highland with an extent

of 0.9 perches. There is a community hall built on this land but it will not be affected by land

acquisitions.

Figure 2: Kovil building to be relocated

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2.5 IMPACT ON BUILT STRUCTURES

2.5.1 Impact on structures belonging to private parties

Impact on Residential Structures

43. The residential land of the private individuals earmarked for acquisition contains houses and other structures. The acquisition will have only partial impacts on the residential land and, will not cause any damages to any of the primary structures.

Impact on auxiliary structures

44. Land acquisitions for the subproject will affect 135 auxiliary structures altogether which

include boundary walls, live and tin sheet fences, entrance gates, a toilet pit and a drinking

water well (Table 16).

Table 16: Damages to be caused to auxiliary structures of Private Parties

Auxiliary structures affected No of AP Linear meter

Boundary walls 24 426

Live fences 20 453

Tin Sheet fences 32 636

Gates 57

Toilet pits 1

Drinking water well 1

TOTAL 135 Source: Census, April 2018

45. All affected auxiliary structures can be restored in the remaining portion of the land

after acquisition. The toilet pit belonging to an AP from Araly North Wadukkodayi GND will be

relocated in the same premises. The partly damaged cover slab of the drinking water well of

another AP in Nochcheyampathi-Araly West GND will also be restored without any changes to

its current use. The project will provide compensation at replacement cost enabling the APs to

rehabilitate and restore the damaged structures and a suitable time frame will be agreed with

the APs to complete the restoration work prior to the commencement of civil works of the

subproject.

2.5.2 Impact on structures belonging to Kovils

46. Land acquisitions for the rehabilitation of the road section (4+020 Km) at Kakkaitivu will

affect Sri Narasinger Kovil (Figure 2) used and managed by fishermen. The project has

obtained the consent of the Fishermen’s Society and the caretaker of the Kovil to rebuild the

Hindu Kovil in the remaining portion of the land for which the concurrence of the Divisional

Secretary-Sandilippai too had received. The caretaker of the Kovil will provide the layout for

the new Kovil and an estimate of costs connected with rituals to be performed. The letter of

consent is attached in annex 4. The reconstruction of the Kovil building will be implemented by

the construction contractor and the cost has been included to the subproject’s cost. The costs

of performing the rituals to reopen the Kovil for public worship are included in the

resettlement budget. The shifting of the Kovil will not hinder the routine rituals of the

fishermen because the existing Kovil will be demolished only after construction of the new

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Kovil is completed. Moreover, land acquisitions will affect 6 live fences and 4 entrance gates

located in the six land lots owned by Vannai Sivan Kovil

2.5.3 Impact on structures belonging to Churches

47. Acquisition of land belonging to churches will affect some of the auxiliary structures

located on Church lands. A live fence of the land owned by CSI church; and 2 boundary walls

and 2 gates of the Christian Mission Araly church will be affected. A reasonable time period will

be allowed to the management of the churches to reconstruct the damaged auxiliary

structures of their properties in the remaining portions of the land prior to the commencement

of civil works. Compensation for the affected structures will be paid by LARC at replacement

cost.

2.6 IMPACT ON GOVERNMENT ASSETS

48. As mentioned, the subproject also requires 46 land lots containing 2,424 perches

(6.13ha) which are vested with four government agencies (Table 7). According to government

regulations, the land being vested with state institutions is not required to follow the regular

process of land acquisition. Instead, the ownership of the required land will be transferred to

the Road Development Authority (RDA) through a memorandum of understanding (MoU)

signed between RDA and the respective land-owning agencies.

49. Land acquisitions will affect a boundary wall of the land belonging to the Palmyra

Development Board. The damaged boundary wall will be rebuilt at subproject’s cost on the

balance part of the land and prior to demolishing the existing one.

50. The Pradeshiya Sabha’s semi-permanent building that contains an out boat engine and

fuel storage room at Kakkaitivu fish landing site will be partially affected and the remaining

portion of building is not viable for use. The project will re-construct the building within the

same land as per the request of Kakkaitivu Fishermen Society and the Valikamam South West

Pradeshiya Sabha. The existing storage room will not be demolished until the new storage

room is built in order to avoid any interruptions to its present uses. The rebuilding of the

engine and fuel storage room (a single story building with a floor area of 1,000 square feet )

will neither impact on fishers’ livelihoods and their access to the beach.

2.7 IMPACTS ON TREES

51. Land acquisitions for road rehabilitation will cause removal of about 40 trees such as

coconut, Palmyra and Neem trees planted on private land. A total number of 27 coconut trees

belonging to 16 APs and 3 Palmyra trees belonging to 2 APs will be lost due to land

acquisitions. Moreover, 9 Neem trees and 1 Kumbuk tree (non-fruit-bearing trees) will be lost

to 10 other APs. The produce from the Palmyra and coconut trees is used for domestic

consumption. Compensation for the loss of fruit bearing trees will be paid taking into

consideration their market value, age and size of the trees, its productivity cycle etc. The value

of non-fruit bearing trees (timber) is estimated based on valuations prescribed by the State

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Timber Corporation which had taken into account the timber type and the timber volume of

the trees. The value of coconut trees is calculated based on the rates prescribed by the

Coconut Cultivation Board, which largely reflect the life-time productivity of the tree and same

rationale was applied to calculate the value of Palmyra trees which is prescribed by Palmyra

Development Board. The loss of trees for each individual AP is shown in the Inventory of

Losses. Land acquisitions will not affect any of the trees located on land to be acquired from

Kovils, Churches, Funeral Aid Society and government agencies. A replanting program is

included in Environmental Management Plan (EMP) and, each AP who loses trees due to land

acquisition, will receive seedlings of same varieties to cultivate in their remaining land.

Table 17: Affected Trees and their estimated values

Type Tree Number of trees

affected

Unit value (SLRs)

Estimated total value (SLRs)

Number of APs

Fruit-Bearing Trees

Coconut 27 15,000 405,000 16

Palmyra 3 10,000 30,000 2

Non-Fruit Bearing Trees

Neem 9 7,000 63,000 8

Kumbuk 1 15,000 15,000 1

Total 40 513,000 27 Source: Census, April 2018

2.8. IMPACTS ON CROPS

52. A total of 458.2 perches (1.159ha) of paddy land belonging to 92 private individuals

(including 5 absentee landowners), four Kovils, and one church will be affected by land

acquisitions for road rehabilitation works. Table 18 shows the details.

Table 18: Impact on Paddy lands

SN Type of Tenure Number of APs Land Extent (Perch)

1 Private 87 382.79

2 Landowners

not identified 5 10.91

3 Kovil 4 61.18

4 Church 1 3.32

Total 97 458.2

Source: Census, April 2018

53. Apart from the compensation to be paid for the acquired paddy land, APs will be

allowed to harvest their crops prior to handing over the land to the construction contractors. In

this regard, a time frame will be agreed with the APs. Despite the issue of section 2 notice of

the LAA notifying the intention of acquisition, project has explicitly communicated to the APs,

that they can continue to cultivate those land until the full compensation is paid to them and

the commencement of the civil construction work. The damages caused to standing crops by

land acquisition, will be compensated through LARC as prescribed in Land Acquisition

Regulations (LAR) of 2013. Moreover, farmers who lose part of their paddy land will be paid an

ex-gratia amount by LARC based on the difference between the statutory compensation and

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the amount equivalent to 10 per cent of the market value of the land as computed by the Chief

Valuer in order to mitigate the impact on the livelihoods and the incomes of the farmers.

2.9 IMPACTS ON COMMON UTILITIES

54. There are some common utilities such as telephone and electricity supply lines and

connected posts located within the project impact area. They include 68 telephone posts, 48

no’s of 33 kV electricity posts and 51 no’s of 230V electricity posts (distribution) - See Table 19.

Some of these are on immediate roadsides and may need to be shifted. According to the CEB,

most of these posts will be shifted to the edge of the RoW. Yet, the service will be interrupted

temporarily to enable connecting to the grid and testing in daytimes. The utility shifting

program will be scheduled by the service providers (Telecommunication and CEB) at the

request of the contractor. The cost for shifting utilities is included in the subproject’s cost. The

service provider will announce the utility shifting program to the public using mass media to

avoid any inconveniences to the users. SCDP will closely monitor the process of utility

relocation in order to make sure that the social impact of shifting of utilities will be minimal.

Table 19: Impacts on common utilities

Type of Utility Jaffna DS Division

1+830 to 3+740 Km Sandilippai DS Division

3+740 to 7+680 Km Sankanai DS Division 7+680 to 14+600 Km

Total

Telephone Posts (SLT) 15 13 40 68

Electricity Posts 230V 17 2 32 51

Electricity Posts 33kV 6 2 40 48

Source: EE, CEB, Jaffna

55. The public drinking water supply line with the five common tap posts in Araly North GN

division (8+340 Km to 9+880 Km) operated by the Valikamam West Pradeshiya Sabha (local

government agency) will be affected and need to be shifted. The pipe line and the common tap

posts are located along the road easement and they will be relocated to the edge of new RoW

of the road. The cost of shifting the service has been included in the sub project’s cost and it

will be undertaken by the construction contractor of AB 21 road under close monitoring of Valli

West Pradeshiya Sabha and SCDP. The re-installation of the five common tap posts and water

distribution line will be done prior to removing the existing water supply line to avoid service

interruption.

56. If there are any service interruptions during civil works, the construction contractor will

make arrangements with the Valikamam West Pradeshiya Sabha to supply water to the

affected households using bowsers and the subproject will bear the related costs.

2.10 CONSTRUCTION RELATED IMPACTS AND MITIGATION MEASURES

57. A Social Impact Mitigation Plan (SIMP) is included in Annex 3. It consists of measures to

mitigate hazards and public inconveniences causing from construction related work such as

disturbed access to public places and private homes along the road, pedestrian safety, traffic

congestion, shifting of common and private utilities, construction and labour camps and stock

yards, dust, noise and vibration, parking of vehicles belonging to construction teams,

occupational health & safety, and labour influx and management.

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58. The Social Impact Mitigation Plan (SIMP) appended to this RAP, outlines a set of broad

parameters to mitigate the risks associated with the social impacts from labour influx. These

mitigation measures are guided by the World Bank’s Guidelines on ‘Managing the Risks of

Adverse Impacts on Communities from Temporary Project Induced Labour Influx’. SCDP will

continue to assess the impacts of labour influx, particularly in consultation with local

communities and other stakeholders, and will incorporate additional measures to address the

adverse impacts. In this regard, the contractor will also be encouraged to give priority to recruit

local labour wherever possible in order to avoid/minimize setting up of labour camps for labour

teams coming from outside and, any other burdens falling on the local communities. The work

force of the construction contractor is estimated at t 75 comprising 48 manual labourers, 15

skilled workers, 9 supervisory grade personnel, and 3 support staff. All manual labourers and

support staff will be hired locally. The supervisory grade personnel and the skilled workers will

be hired from outside by the contractor. Construction of labour camps will not be required but

the external work force will be provided rented accommodation by the construction contractor

closer to the work sites. A code of conduct for work force, both local and external will be

introduced by the contractor which will be strictly enforced. The supervision consultant and

SCDP will closely monitor the labour management by the contractor.

59. The mitigation measures embedded in the SIMP will be part of the tender package and

construction contract. Prior to starting construction, the contractor will be required to prepare

and submit its own SIMP to SCDP describing how he/she will comply with the Project’s

safeguards documents, including the RAP and demonstrate that sufficient funds are allocated

for that purpose. The Contractor’s SIMP will include management plans for: (i) work activities;

(ii) traffic management; (iii) occupational health and safety; (iv) social management; (v) labour

influx and worker camp management plan; (vi) code of conduct for workers, including

measures to address gender based violence; (vii) worker engagement policies and conditions

and (viii) Handling of grievances from community (GRM). If issues emerge during

implementation for which the Contractor’s SIMP does not contain appropriate mitigation

measures, the Contractor will be required to update his/her SIMP to include such mitigation

measures and, if necessary, the civil works contract will be amended. Civil works for AB 21 road

will not commence until the Contractor prepares an appropriate SIMP, which properly

identifies and proposes risk mitigation measures, and it is approved by SCDP. The Contractor

will employ a dedicated social safeguards officer who will be responsible for ensuring effective

implementation of SIMP, and management of social safeguards. The Contractor will submit

regular reports to SCDP, and proactively address any issues that arise. SCDP will regularly

monitor and supervise the implementation of SIMP, and Contractor’s compliance with social

safeguards.

60. The contractor will be encouraged to recruit workers from the affected area in order to

avoid large scale influx of external labour and provide employment to affected populations.

The key principles adopted in developing the social impact mitigation procedures include

adequate consultation with and information dissemination to affected parties, raising public

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and contractor awareness relating to avoiding hazards and immediate responses to grievances

from the community as and when they emerge.

61. The sub project cost estimate includes the budget required to implement the both SIMP

and Environment Management Plan (EMP). If the contractor did not comply to implement the

EMP and SIMP, the payment item of safeguard activities will be excluded from his/her bill.

62. During the past war period explosives and mines had been placed in many areas of

Northern and Eastern region of Sri Lanka. After the war, demining had been undertaken by

GOSL and almost all demining activities have been completed by now. Therefore, civil works of

AB 21 will not be at risk due to explosives or land mines. The letter from the district

administration regarding land mines clearance is attached as Annex 2: Letter from GA-Jaffna on

Land Mines clearances.

2.11 SOCIOECONOMIC PROFILE OF THE PROJECT AFFECTED PERSONS

63. This chapter presents a socio-economic profile of the households living in the project

impact area. The profile is based on a socio-economic survey conducted with 188 households

who included 163 project affected households in the Sankanai and Sandilippai DSDs and, a

sample of 25 beneficiary households living beside the road section in the Jaffna DSD. There had

been no project affected households in the road section traversing the Jaffna DSD.

64. There are no indigenous peoples found within the Jaffna district as well as in the

subproject impact areas. Therefore, no permanent or temporary and direct or indirect impacts

on indigenous communities are anticipated. Since the end of the civil-war in May 2009, law and

order has been restored in the war affected northern and eastern provinces, and the security

of the general public is ensued. Incidences of conflicts have not been reported since 2009. The

government has also launched a national reconciliation and integration program together with

mega development projects to reduce any disparities in resource allocations and to prevent

resurgence of conflicts.

65. The road section selected for rehabilitation traverses thee DSDs (Sankanai, Sandilppai

and Jaffna) and 14 GNDs (Table 20). The project impact area is largely rural with 73% of total

household population of GNDs. The rest 27% marginally spread over semi-urban and urban

areas. The Tamil ethnic community represents 97% of the total GND population whereas the

rest 3% are Muslims.

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Table 20: Project influenced GN Divisions

SN GN. Division G.N

Division No

Tamil Muslim Total

Households Population Households Population Households Population

1 Kodday J/83 585 2,005 5 18 590 2,023

2 Navanthurai South J/84 599 2,259 120 516 719 2,775

3 Navanthurai North J/85 647 2,340 34 136 681 2,476

4 New Moor Street J/88 334 1,340 72 309 406 1,649

5 Anaikoddai J/133 1071 3,730 1,071 3,730

6 Navaly East J/135 469 1470 469 1,470

7 Navaly South J/136 485 1,661 485 1661

8 Araly West J/160, 417 1,415 417 1,415

9 Araly Centrer J/161, 531 2,697 531 2,697

10 Araly East J/163, 687 2,276 1 3 688 2,279

11 Araly North J/164, 564 1,943 564 1,943

12 Vaddu South J/165, 908 3,076 908 3,076

13 Vaddu South West J/166, 410 1,135 410 1,135

14 Moolai J/171, 921 2,961 921 2,961

Total 8,628 30,308 232 982 8,860 31,290 Source: Divisional Profiles 2017

2.11.1 Population and gender

66. The male population in the 188 households exceeds their counterpart female

population with 52.65% and 47.35% respectively. This contrasts the Jaffna district figures

where the female population (51.7%) exceeds the male population who constitutes only 48.3%.

(District Statistics Handbook, 2012). The gender ratio (male/female) in the project impact area

is 0.9 whereas the district ratio is 0.88. There are 23 women headed households (12%) among

the 188 households. The number of nuclear families is 160 whereas the rest 28 live in extended

families.

2.11.2 Age structure

67. The age profile shows a higher percentage of population representing the age category

of 6-19 years (21.9%) followed by another 20.27% in the age group of 46-60 years. The

household population over and above 60 years constitutes 19.59% while the child population

below the age of 5 years is 4.76%. The dependency ratio is estimated at 0.86 per person who

are dependent on the incomes of a single person. The demographic profile of the APs is

presented in Table 21. Table 21: Demographic Profile

Criteria Category Numbers Percentage %

Number of Households 188

Household population 735

Gender

Male 387 52.65

Female 348 47.35

Age (Years)

0 - 5 35 4.76

6 to 19 161 21.90

20 to 30 108 14.69

31 to 45 138 18.78

46 to 60 149 20.27

> 60 144 19.59

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Criteria Category Numbers Percentage %

Dependency ratio 0.86

Marital status

Married 376 51.16

Unmarried 330 44.90

Divorced 3 0.41

Separated 2 0.27

Widow 18 2.45

Widower 6 0.82 Source: Census in April 2018

2.11.3 Marital Status

68. The married population among the 188 households is 376 (51.16%) whereas the

unmarried population is 330 (44.9%). The rest 4% includes those who have divorced, separated

and are widows (Table 21).

2.11.4 Education

69. Table 22 illustrates the educational standards of the household population. The

population that completed 5-6 years of schooling represents 12% while another 28% had 10-11

years of schooling. Almost one-third of the population had passed the General Certificate of

Education (GCE) Ordinary Level examination whereas the population that passed the General

Certificate of Education (GCE) Advanced Level examination is only one-fifth of the population.

Those who are pursuing university education as well as those who completed a basic university

degree or a higher degree comprise 6.28% of the population. The population that had no

formal education and never attended a school is comparatively small and represents only

1.28% of the population. The household population includes 34 children below the age of 5

years awaiting schooling. The student population is 258.

Table 22: Educational attainments

Category Numbers Percentage %

Class I-V 83 11.84

Class VI-G.C.E. (O/L) 195 27.82

G.C.E. (O/L) Pass 232 33.09

G.C.E. (A/L) Pass 138 19.69

Undergraduate/Graduate 38 5.42

Post Graduate 6 0.86

Never been to a school 9 1.28

Total 701 100.00

Source: Census in April 2018

2.11.5 Type of houses and households amenities

Of the directly affected 163 APs, 162 are titleholders of their land. It is only a single AP who did

not have a title to the land he occupied, as he operated as a tenant (unregistered) for the

bicycle repair workshop that he operated. Except for the bicycle repair workshop, which is a

temporary shed, all other residential and commercial structures are permanent. All residential

dwellings are provided with grid electricity. The National Water Supply and Drainage Board

(NWS&DB) provides pipe-borne water to the APs who live in the Aralay area (1.098km) and,

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the Pradeshiya Sabha of Valikamum South-West supplies drinking water to the APs in

Chulipuram-Sandilipai area (2.5km). However, water supply for the latter is limited to 2 hours a

day, one hour in the in the morning and one hour in the evening. (See Annex 12: Layout of

water supply line provided by PS). The APs who do not have access to pipe-borne water, access

water from their private dug wells. All APs have private water sealed toilet facilities.

2.11.6 Livelihoods

70. The active labour force constitutes 264 persons or 36% of the household population.

Self-employment (18.93%), Labour works (18.93%) and employment in the government sector

jobs (18.18) are the major occupations of the project affected persons and, they represent

more than half of the labour force (56.04%). Another one-fourth of the labour force (25.4%) is

engaged in agricultural activities (11.74%) and employment in private agencies or non-

governmental organizations (13.64%). People in the fishery sector are only 4.17%. Table 23

presents the livelihood activities of households. The unemployed population is reported as 72

persons.

Table 23: Livelihoods of the households

Type of livelihoods Number of

Persons %

Agriculture 31 11.74

Fishing 11 4.17

Labour Work 50 18.93

Business Activities 10 3.79

Employment in Government Sector 48 18.18

Employment in Private and NGO Sector 36 13.64

Foreign Employment 10 3.79

Police & other armed services 1 0.38

Self-employed 50 18.93

Retired Persons 17 6.44

Total 264 100 Source: Census, in April 2018

Household Incomes and Expenditures

71. Table 24 presents the monthly incomes and expenditure of the households. . The

monthly incomes of a little less than half the households range between SLRs 10,000 to SLRs

30,000. Around 19% of the households generate incomes between SLRs 40,000 to SLRs 50,000

whereas those who exceed SLRs 50,000 a month represent 17%. Households that earned less

than SLRs 10,000 a month constitute 15.42%. The average monthly income of a household

stands at SLRs 33,265. This contrasts the national and district level average monthly household

incomes which are SLRs. 62,237/- and SLRs. 54,999/- respectively (HIES, 2016). As such the

household incomes of the 118 are significantly below the national and district averages. The

per capita monthly income per person in the Jaffna district is estimated at SLRs 4,477

(www.statistics.gov.lk/statistical%20Hbook/2018/Jaffna/11.6.pdf). The average income per

person in the 188 households is SLRs. 8,601 but the monthly income of the persons who are

living in 52 households is less than SLRs. 4,477/-. Accordingly, 52 households out of 188 are

below the poverty line.

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72. A similar situation is observed in the household expenditure patterns as well with a

little more than half of the households spending amounts varying from SLRs 10,000 to SLRs

30,000 to meet their consumption needs. The monthly expenditures of 17% of the households

is less than SLRs. 10,000/-. Another 19% reported their monthly expenditures ranging from

SLRs 30,000 to SLRs 50,000. Monthly incomes of 12.23% households exceeded SLRs.50,000/-.

The average monthly expenditure of a household is SLRs 28,590/- which is far below the

national and district figures of SLRs 47,731 and SLRs 43,571 respectively.

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Table 24: Average monthly household incomes and expenditures

Income Expenditure

Income category (SLRs)

Households Percentage

(%) Households

Percentage (%)

<10,000 29 15.42 32 17.02

10,001 to 20,000 38 20.21 48 25.53

20,001 to 30,000 54 28.72 49 26.06

30,001 to 40,000 19 10.11 26 13.83

40,001 to 50,000 16 8.51 10 5.32

>50,000 32 17.02 23 12.23

Total 188 100 188 100

Source: Census, April 2018

2.11.6 Vulnerability

73. Four categories of vulnerable groups were identified in the socio-economic survey. They

include the following. • Women headed households with no sustainable means of support.

• Elderly household heads over 70 years without any economic and social support yet

shouldering the entire family responsibilities

• Disabled heads without any able-bodied earning members and unable to work and

support the family.

• Poor households who are living below the official poverty line

15. Altogether 86 household heads fell into any of the four vulnerable categories

mentioned above. The 86 vulnerable heads of households included 14 elderly persons over and

above 70 years with no other family support, another 12 with different forms of disabilities

who are no longer able to support their families and, 8 women headed households with no

sustainable means of support for their families, and 52 households who were below the

poverty line. Out of 86 vulnerable households, 70 were among directly affected households

due to land acquisitions. The households that received government’s Samurdhi assistance

targeted for poor and vulnerable households accounted for 31 pointing to exclusion of some of

the eligible households. The project would provide special vulnerable allowances to these 70

households, provisions for which are included in both entitlement matrix and the resettlement

budget. Furthermore, the project will extend additional assistance for these vulnerable

households to reconstruct their damaged auxiliary structures or else will get the construction

contractor to reconstruct them in case they are unable to carry out the restoration work by

themselves. Of the 70 vulnerable households, auxiliary structures of 23 households will be

affected.

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CHAPTER THREE

3.0 LEGAL AND POLICY FRAMEWORK

3.1 INTRODUCTION

74. The legal and policy framework for involuntary acquisition of private land, determining

entitlements for persons affected by land acquisitions for the rehabilitation of Jaffna Ponnalai

Point Pedro Road project will be guided by GOSL‘s Land Acquisition Act (LAA) No.9 of 1950 as

amended in 1986, Land Acquisition Regulations of 2008 and the Land Acquisition (Payment of

Compensation) Regulations of 2013, National Involuntary Resettlement Policy (NIRP) of 2001,

the World Bank’s Safeguards Policy OP 4.12 and the Resettlement Policy Framework (RPF) of

SCDP. The total land requirement for the subproject is estimated at 7.71ha. The land

earmarked for project construction is largely the state land vested RDA, Divisional Secretary,

Palmyra Development Board and the Pradeshiya Sabha (Local Government Authority). The

private land required for road rehabilitation is 1.32ha, which is 17.1% of the total land

requirement. Thus, 79.5% (6.13ha) of the total land requirement for the project will be

obtained from state agencies. Of the 6.13ha land extent, 5.48ha (90%) is under RDA as road

reservation area. About 0.65ha land extent will be released by other government agencies to

RDA for rehabilitation of AB21 road based on a memorandum of understanding (MOU) reached

between the respective government agencies and the RDA.

3.2 LEGAL FRAMEWORK FOR INVOLUNTARY LAND ACQUISITIONS

75. Involuntary acquisition of private land for a public purpose is guided by the Land

Acquisition Act (LAA) No.9 of 1950.The LAA provides for compensation for land, structures and

crops affected by acquisition. The entitlements and compensation for persons affected by land

acquisitions will be determined as per the provisions in the Land Acquisition Regulations of

2008 and the Land Acquisition (Payment of Compensation) Regulations of 2013.

3.2.1 Land Acquisition Act No. 9 of 1950

76. The acquisition of land for public purposes is guided by the provisions and procedures

outlined in the Land Acquisition Act No. 9 of 1950 (LAA) and its subsequent amendments. The

Act provides a framework for land acquisition and guarantees that no one can be deprived of

land except under the provisions of the LAA, and it entitles Affected Persons (APs) to a hearing

before acquisition. The Act is based on the principle of eminent domain and lays down the

general procedure for the acquisition of private land for ‘public purpose’ (e.g. development

projects). The acquisition of land for public purposes is a time-consuming process and can take

a minimum of 72 weeks for its completion. The procedures involved in acquiring land for public

purposes are set out in Table 25. The Act discourages unnecessary acquisition and lands that

have been acquired for one purpose cannot be used for a different purpose and lands that

remain unused have to be returned to the original owners.

77. Under the LAA, the Ministry of Land is responsible for land acquisition, which is carried

out by acquiring officers who are appointed by the Minister of Lands, and gazetted for the

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information of the public. All Divisional Secretaries are the ex-officio Acquiring Officers,

whereas the Valuation Department is responsible for the valuation.

78. The LAA provides for compensation for lands and other fixed assets built and grown on

them (structures, trees and orchards and crops). It also covers loss of income for people who

can provide documentary proof of their losses, up to a maximum of their average net profit for

the three years immediately preceding publication of the Section 07 Notice under the LAA. As

described in the ensuing section, the Land Acquisition Regulations of 2008 has introduced

provision to compensate for loss of income and other impacts based on furnishing other

evidence in lieu of the documentary proof of payment of income tax. However, the 2008

Regulations do not cover people that cannot produce any documentary evidence of loss of

income. Table 25: Land Acquisition Process under Land Acquisition Act No. 9 of 1950

No. Activity Responsibility

1. Conduct land investigation SCDP

2.

Prepare application for acquisition of land for a public purpose to the secretary of the line ministry with details of land extent, current situation, boundaries, names and addresses of landowners/claimants, estimated cost and source of payment (Form GAL 29)

SCDP

3. Submit the application to secretary, MOL Secretary, MM&WD

4. Submit the application with his/her recommendation to the Minister, MOL

Secretary, MOL

5. Authorization for acquisition of land under Section 2 of LAA Minister, MOL

6. Issue of Section 2 Notice to acquiring officer MOL

7. Exhibit Section 2 Notice in Sinhala, English and Tamil languages in project area and send copies to claimants

DS- Valikamam South West DS- Valikamam West

8. Request District Superintendent of Surveys to prepare Advance Tracing

-Do-

9. Survey the land and prepare the Advance Tracing Superintendent of Surveys

10. Issue of Section 5 Notice to proceed with acquisition Minister, MOL

11. Exhibit Section 5 Notice in Sinhala, English and Tamil languages in project area

DS- Valikamam South West DS- Valikamam

12. Request the Superintendent of Surveys to prepare a ‘preliminary plan’ under Section 6 of LAA

-Do-

13. Survey the land, prepare the preliminary plan and submit to the acquiring officer and MOL

Superintendent of Surveys

14.

Issue the notice of land acquisition under Section 7 in Sinhala, English and Tamil in the Government Gazette, exhibit the Notice in project area and send copies to MOL and call for submission of claims by interested parties/claimants

DS- Valikamam South West DS- Valikamam

15. Conduct inquiries under Section 9 to determine the ownership rights of the land and the compensation payable

-Do-

16. Issue the notice of ownership status of the land under Section 10(1)(a)

-Do-

17. Request the Chief Valuer to determine the compensation for the property to be acquired.

-Do-

18. Conduct the valuation of the land and other properties Valuation Department

19. Send the valuation report to the acquiring officer Valuation Department

20. Issue the Section 17 award letter indicating the eligible compensation to APs.

DS- Valikamam South West DS- Valikamam

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No. Activity Responsibility

21. Issue and display the section 15 notice to nonappearance claimants of 9th inquiries to send their request in writing (if any) to acquiring officer

-Do-

22. Deposit the nominal compensation value decided by chief valuer in District Courts in the absence of claimants and dispute title to the acquired properties.

-Do-

23. Submit application for issue of Ministerial order in Gazette to take possession of land

Secretary, MM&WD

24. Issue of Ministerial order in Gazette to take possession of land MOL

25. Take over the possession of the land on behalf of State under Section 38

DS- Valikamam South West DS- Valikamam

26. Vesting the possession of the property with the applicant organization by way of a certificate under Section 44 which constitutes a legal title for the land

-Do-

3.2.2 Land Acquisition Regulations of 2008

79. The LAA provides for the payment of compensation on the basis of ‘market value’

defined as the ‘amount which the land might be expected to have realized if sold by a willing

seller in the open market as a separate entity’. This ‘separate entity principle’ resulted in

hardships particularly when a small part of a larger land was acquired since such small areas of

land fetched a minimum value in the open market. The Land Acquisition Regulations of 2008

approved by the Cabinet of Ministers and the Parliament under Section 63 (2) (f) of LAA 1950

and published in the Government Gazette of 07th April, 2009 (Gazette notification No.1596/12

of 7.4.2009) gave the legal status to these Regulations and bound all development projects by

the consolidated land acquisition and resettlement/rehabilitation processes outlined in the

National Involuntary Resettlement Policy of 2001 (see below for description of this policy). The

Regulations redefine the valuation approach for determining market value and states that ‘in

the case of land where part of a land is acquired and when its value as a separate entity deems

to realize a value proportionately lower than the Market Value of the main land the

compensation should be proportionate to the value of the main land’. The Regulations also

provides additional compensation beyond ‘market value’ and incorporates compensation for

injurious affection and severance (equivalent to the full cost of damage based on the market

value of land acquired) and disturbances (in terms of Section 3.11, and based on the principle

of ‘value to owner’ of the property affected as per the written claims submitted by the AP).

The regulations also provide for payment of compensation to non-titleholders.

80. The 2008 Regulations incorporate the concept of replacement cost in the valuation of

land and other assets. The regulations require compensation for land to be paid at market

rates, along with the cost of reconstruction for houses and other structures, without taking into

account depreciation of the buildings. The Regulations also include provision to compensate

for loss of business income, as well as relocation assistance and other benefits. Further, the

2008 Regulations provides for affected persons to be entitled for a hearing before their land is

acquired. However, the level of compensation can only be determined by the Valuation

Department.

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3.2.3 Land Acquisition (Payment of Compensation) Regulations of 2013

81. The Land Acquisition (Payment of Compensation) Regulations of 2013 apply only for

development projects which are designated as ‘specified project’ by the Ministry of Lands and

ratified by the Cabinet of Ministers and the Parliament of Sri Lanka. The Regulations provides

for a comprehensive compensation package following land acquisition. The specified projects

qualify to establish Land Acquisition and Resettlement Committees (LARC) in the Divisional

Secretary Divisions where the persons affected by land acquisition can make their

representations. Affected parties also have the opportunity to appear before the LARC

proceedings and those dissatisfied with LARC decisions on compensation may appeal to the

Super LARC established at the national level. SCDP has been recognized as a “specified project”

by Cabinet Paper Ref. No. 15/0773/614/022 dated 24th June 2015.

82. The LARC system provides a mechanism for the parties affected by land acquisition to

appeal for a higher compensation if they were dissatisfied with the statutory compensation

paid to them under the Land Acquisition Act (LAA) of 1950. The LAA of 1950 provides only a

limited appeal process for aggrieved parties through the Land Acquisition Review Board (LARB)

which is hardly accessible to many affected parties particularly the poor and vulnerable due to

cost and time. Instead, the LARC established at divisional secretariat level and chaired by the

divisional secretary is easily accessible to APs where he/she will be given an opportunity to

make their representations during LARC proceedings. Participation in LARC proceedings has a

minimum cost to the APs and he/she can present their grievances and needs before the LARC

committee. The LARC is constituted by the Divisional Secretary or Assistant Divisional Secretary

of the relevant Divisional Secretary’s Division, the Surveyor General or his nominee, the Chief

Valuer or his nominee and an officer not below the rank of the Assistant Secretary nominated

by the Minister to whom the subject of the respective Specified Project has been assigned.

LARC offers an ex-gratia package of compensation which among others include compensation

for land, encroached state land, paddy land, buildings and structures, rent controlled premises

under the Rent Act, loss of business and livelihoods, allowances for vulnerable families, loss of

wages and employment, ex-gratia payments for handing over possession of property before

the deadline, payments for relocation and self-relocation etc.

83. APs who are dissatisfied with the decisions of LARC can appeal to the Super LARC

established at national level and constituted by LAR 2013. The Super LARC consists of the

following members appointed by the Minister:

• The Secretary of the Ministry of the Minister to whom the respective subject of the

Specified Project is assigned or his representative;

• The Secretary of the Ministry of the Minister to whom the subject of Land and Land

Development is assigned or his/her representative;

• The Secretary of the Ministry of the Minister to whom the subject of Finance is

assigned or his/her representative;

• The Chief Valuer or his representative;

• The Survey General or his representative;

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• The Chairman or Chief Executive Officer of the respective Specified Project or a

representative nominated by him/her

3.2.4 National Involuntary Resettlement Policy of 2001

84. The National Involuntary Resettlement Policy (NIRP 2001), was approved by Cabinet to

address the shortcomings of the LAA and is designed to treat affected people in a fairer and

more equitable manner. It calls for a protective framework for people displaced by

development projects, to ensure that their rights are respected and that they are not

impoverished or do not suffer unduly as a result of public or private project implementation.

Under the NIRP, displaced people are assured of a living standard comparable to that at the

time of displacement. The main principles or features of NIRP include the minimization and

mitigation of negative impacts. This means steps must be taken to avoid involuntary

resettlement by reviewing alternatives to the project. NIRP guarantees that affected persons

are adequately compensated in a timely manner. Compensation is based on full replacement

value, including transaction costs, and is calculated to include loss of land, and loss of

structures and other assets, and income. Compensation is not limited to persons that have

documentary evidence of their rights to land. The policy provides for the authorities to re-

establish the livelihoods and income of affected persons and to include them in the design and

implementation of the relocation and resettlement process.

85. The Policy is intended to guarantee that: (i) project affected persons are adequately

compensated, relocated and rehabilitated; (ii) delays in project implementation and cost

overruns are reduced; and (iii) better community relations are restored. It aims at ensuring that

people affected by development projects are treated in a fair and equitable manner, and

ensuring that they are not impoverished in the process. The policy also enables establishing the

framework for project planning and implementation that would meet international best

practices in involuntary resettlement. The responsibility for reviewing and approving RAPs is

vested with the Ministry of Land and Land Development.

86. The main principles of NIRP are as follows:

• Involuntary resettlement should be avoided as much as possible by reviewing

alternatives to the project as well as alternatives within the project.

• Where involuntary resettlement is unavoidable, affected persons should be assisted to

re-establish themselves and improve their quality of life.

• Gender equality and equity should be ensured and adhered to throughout.

• Affected persons should be fully involved in the selection of relocation sites, livelihood

compensation and development options at the earliest opportunity.

• Replacement land should be an option for compensation in the case of loss of land;

and in the absence of replacement land cash compensation should be an option for all

affected persons.

• Compensation for loss of land, structures, other assets and income should be based on

full replacement cost and should be paid promptly. This should include transaction

costs.

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• Resettlement should be planned and implemented with full participation of the

provincial and local authorities.

• Participatory measures should be designed and implemented to assist those

economically and socially affected to be integrated into the host communities.

• Common property resources and community and public services should be provided to

affected persons.

• Resettlement should be planned as a development activity for the affected persons.

• Affected persons who do not have title deeds to land should receive fair and just

treatment.

• Vulnerable groups should be identified and given appropriate assistance to improve

their living standards.

• Project Executing Agencies should bear the full costs of compensation and

resettlement.

3.2.5 Involuntary Resettlement Policy of the World Bank (OP/BP 4.12)

87. The Involuntary Resettlement Policy (OP 4.12) is the Bank’s key safeguards framework

that guides land acquisition and addressing resettlement impacts of the Bank-funded

development projects. The policy guides the project partner agencies in screening the projects

for social impacts in conformity with applicable national laws and regulations and the Bank’s

safeguard policies.

88. The World Bank’s operational policy on Involuntary Resettlement (OP 4.12) seeks to: (a)

avoid where feasible or minimize involuntary resettlement, exploring all viable alternative

project designs; (b) if not feasible to avoid resettlement, resettlement activities be conceived

and executed as sustainable development programs providing sufficient resources to enable

the displaced persons to share in project benefits; (c) ensure that the displaced persons are

informed about their options and rights pertaining to resettlement; (d) meaningfully consult

the displaced persons and provide them with opportunities to participate in the planning and

implementation of resettlement programs; (e) assist the displaced persons in their efforts to

improve their standards of living or at least to restore them, in real terms, to pre-displacement

levels or to levels prevailing prior to the beginning of project implementation, whichever is

higher.

89. The policy covers both direct economic and social impacts that are caused by

involuntary taking of land, resulting in (i) relocation or loss of shelter; (ii) loss of assets or access

to assets; or (iii) loss of income sources or means of livelihoods, whether or not the affected

persons must move to another location; or (iv) the involuntary restriction of access to legally

designated parks and protected areas resulting in adverse impacts on the livelihoods of the

displaced persons.

90. In order to address the above impacts, the policy requires the borrower to prepare a

resettlement plan that includes measures to ensure that the displaced persons are (i) informed

about their options and rights pertaining to resettlement; (ii) consulted on, offered choices

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among, and provided with technically and economically feasible resettlement alternatives; and

(iii) provided prompt and effective compensation at full replacement cost for losses of assets

attributable directly to the project.

91. If the impacts include physical relocation, the resettlement plan should include

measures to ensure that displaced persons are (i) provided assistance (such as moving

allowances) during relocation; and (ii) provided with residential housing, or housing sites, or, as

required, agricultural sites for which a combination of productive potential, locational

advantages, and other factors are at least equivalent to the advantages of the old site.

Furthermore, they should be offered (i) support for a transition period, based on a reasonable

estimate of the time likely to be needed to restore their livelihoods and standards of living; and

(ii) development assistance in addition to compensation measures such as land preparation,

credit facilities, training, or job opportunities. Particular attention should be paid to the needs

of vulnerable groups among those displaced, who may not be protected through national land

compensation legislation.

92. If land is not the preferred option of the displaced persons, or sufficient land is not

available at a reasonable price, non-land-based options built around opportunities for

employment or self-employment should be provided in addition to cash compensation for land

and other assets lost. Payment of cash compensation for lost assets may be appropriate where

(i) livelihoods are land based but the land taken for the project is a small fraction of the

affected asset and the residual is economically viable; (ii) active markets for land, housing, and

labor exist, displaced persons use such markets, and there is sufficient supply of land and

housing; or (iii) livelihoods are not land-based. Cash compensation levels should be sufficient to

replace the lost land and other assets at full replacement cost in local markets.

93. The policy also requires that compensation and other assistance required for relocation

be completed, prior to displacement and provision of resettlement sites with adequate

facilities, where required. In particular, taking of land and related assets may take place only

after compensation has been paid and, where applicable, resettlement sites and moving

allowances have been provided to the displaced persons. Displaced persons eligible for

compensation would include (i) those who have formal legal rights to land (including customary

and traditional rights recognized under the laws of the country); (ii) those who do not have

formal legal rights to land at the time the census begins but have a claim to such land or assets

– provided that such claims are recognized under the laws of the country or become

recognized through a process identified in the resettlement plan; and (iii) those who have no

recognizable legal right or claim to the land they are occupying.

94. The social safeguards of the SCDP development interventions will be managed in

accordance with the Resettlement Policy Framework (RPF) prepared under the project. This

RAP is prepared in compliance with the RPF and provides an Entitlement Matrix (EM) and

specific guidelines to address risks arising from involuntary resettlement. Whereas LAA remains

the main legal procedure for acquiring private land required for the Project, the affected

persons and households will receive eligible compensation and resettlement benefits as per

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the Entitlement Matrix given in this RAP irrespective of their title or occupancy status prior to

losing shelter, business, assets, and incomes due to this subproject.

95. Land acquisition and resettlement impacts will be compensated in accordance with the

entitlement matrix in the Resettlement Action Plan. As per the policy adopted for this project,

all compensation for loss of land, structures and other assets will be based on full replacement

cost. The EM explains the category and type of loss and the eligible category for entitlements.

3.3 GAPS BETWEEN COUNTRY AND WORLD BANK SAFEGUARDS REQUIREMENTS

96. Sri Lanka has developed an elaborate legal system to manage land acquisition for

development purposes. However, where property and livelihoods of non-title holders are

concerned, the legal provisions are less elaborate but policy guidelines have been established

to address the gaps. Sri Lanka also has a detailed system for valuation of properties, both in

specialized and non-specialized categories involving different methods. The NIRP and the Land

Acquisition Regulations of 2008 and 2013 seek to address gaps bringing the process closer to

the Bank’s safeguards polices on involuntary land acquisitions and resettlement. For example,

the Land Acquisition Act (LAA) provides for compensation for land, structures and crops, and

does not address resettlement issues, including impacts on non-titleholders. NIRP provides for

addressing resettlement and rehabilitation issues including payment of compensation at

replacement cost irrespective of the legal status of the affected party. A key weakness of NIRP

is that it is a statement of policy rather than a code of legal provisions guiding and regulating

the resettlement process.

97. The LAA also does not provide clear guidelines directing the project executing agencies

(EAs) to address key resettlement planning and implementation issues such as (a) exploring

alternative project options to avoid or minimize impacts on people; (b) compensating the non-

titled persons who will be affected by a project but are currently using and dependent on land;

(c) consulting affected persons and resettlement hosts on resettlement options; (d) providing

for successful social and economic integration of the affected persons into the host

communities, and (e) rehabilitating affected persons along with income restoration measures.

The entitlements provided for in the land acquisition regulations of 2008 and 2013 are

exclusively for persons affected by involuntary land acquisitions and neither the regulations nor

the LARC have the provisions to determine entitlements and compensation for persons

affected by non-land economic displacements. In the circumstances, this void in the legal

framework, which is further elaborated in the RPF for SCDP, will be filled by the involuntary

resettlement policies of the GOSL reflected in the National Involuntary Resettlement Policy

(NIRP) of 2001 and Involuntary Resettlement Policy OP 4.12 of the World Bank which are also

embedded in the Resettlement Policy Framework (RPF) of SCDP.

98. In order to address these gaps, the RPF of SCDP provides an entitlement matrix and

specific guidelines for dealing with involuntary resettlement related issues and mitigation of

associated risks in compliance with the Bank’s OP 4.12. On the other hand, as mentioned

earlier, legal provisions for dealing with resettlement impacts causing from non-land economic

displacements are rather limited and hence they will have to be addressed through a project-

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based Resettlement Action Plan. Table 26 presents a comparative analysis of the safeguards

provisions in GOSL’s legal and policy framework and the safeguards policies of the World Bank,

and a set of measures to address the policy compliances.

Table 26: A compliance review of the legal and policy framework of the Government of Sri Lanka and the safeguards principles of World Bank’s Involuntary Resettlement Policy

No. WB’s Involuntary Resettlement

Policy Principles

Legal Framework and Safeguard

Policies of GOSL

Degree of compliance or gaps and

measures to address gaps

1.

Avoid or minimize involuntary

resettlement, exploring all viable

alternative project designs

LAA provides for the screening of

projects at the stage where a request

for acquisition is initially received by

the Minister of Land as well as

consequent to the initial investigation.

NIRP provides for reviewing

alternatives to the project as well as

alternatives within the project.

Complied.

2.

Resettlement activities should be

conceived and executed as

sustainable development

programmes providing sufficient

resources to enable the displaced

persons to share in project benefits

No provisions under LAA.

NIRP advocates that resettlement

should be planned as a development

activity for the affected persons.

Complied

3.

Ensure that the displaced persons are informed about their options and rights pertaining to resettlement

There are no legal provisions that necessarily require the affected parties be empowered and provided an opportunity to participate in the planning, implementation, monitoring and evaluation of resettlement programs. NIRP provides for the full involvement

of the APs in the selection of relocation

sites, livelihood compensation and

development options at the earliest

opportunity

Partially complied. SCDP will

initiate a comprehensive process

of consultation with APs and

others during resettlement plan

preparation and implementation,

to inform them of their

entitlements and resettlement

options, to ensure their

participation in resettlement

planning and to address the needs

of vulnerable groups.

4.

Meaningfully consult the displaced

persons and provide them with

opportunities to participate in the

planning and implementation of

resettlement programmes

5.

Assist the displaced persons in their efforts to improve their standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

There are no legal provisions apart from the payment of cash compensation for acquired properties. NIRP recommends that where

involuntary resettlement is

unavoidable, affected persons should

be assisted to re-establish themselves

and improve their quality of life.

Cash compensation and livelihood

grants and R&R assistance for APs

and special assistance for poor

and vulnerable groups are

included in the Entitlement Matrix

and the resettlement budget of

the RAP.

6. Borrower to prepare a resettlement

plan

NIRP mandates the preparation of a

resettlement plan in order to

streamline resettlement where 20 or

more families are affected.

Complied. SCDP will comply with

NIRP and OP 4.12 requirements

and accordingly prepare a

Resettlement Action Plan for AB21

road

7.

Provide prompt and effective

compensation at full replacement

cost for losses of assets attributable

directly to the project

LAA provides for the payment of compensation at ‘market value’. LAR 2008 redefines the valuation approach to determine the market value and prescribes that the market

SCDP will comply with NIRP and

the entitlement matrix in the RAP

prepared in accordance with OP

4.12 to ensure compensation at

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No. WB’s Involuntary Resettlement

Policy Principles

Legal Framework and Safeguard

Policies of GOSL

Degree of compliance or gaps and

measures to address gaps

value of a ‘separate entity’ should be proportionate to the value of the main land. It also incorporates compensation for injurious affection and severance (equivalent to the full cost of damage based on the market value of land acquired) and disturbances based on the principle of ‘value to owner’ of the property affected as per the written claims submitted by the AP. LAR 2013 provides for ex-gratia

payments.

NIRP mandates compensation for loss

of land, structures, other assets and

income based on full replacement cost

which should be paid promptly.

full replacement cost

8.

If the impacts include physical

relocation, the resettlement plan

should include measures to ensure

that displaced persons are (i)

provided assistance (such as moving

allowances) during relocation; and

(ii) provided with residential

housing, or housing sites, or, as

required, agricultural sites for which

a combination of productive

potential, locational advantages,

and other factors are at least

equivalent to the advantages of the

old site

NIRP prescribes replacement land as an option for compensation in the case of loss of land; and in the absence of replacement land cash compensation for all affected persons. Furthermore, NIRP recommends that vulnerable groups be identified and given appropriate assistance to improve their living standards.

SCDP will comply with NIRP and

the entitlement matrix in the RPF

prepared in accordance with OP

4.12 and will provide for R&R

assistance in addition to cash

compensation and if required,

livelihood restoration support for

the APs including vulnerable

groups.

9.

Displaced persons should be offered

(i) support for a transition period,

based on a reasonable estimate of

the time likely to be needed to

restore their livelihoods and

standards of living; and (ii)

development assistance in addition

to compensation measures such as

land preparation, credit facilities,

training, or job opportunities.

Particular attention should be paid

to the needs of vulnerable groups

among those displaced, who may

not be protected through national

land compensation legislation.

10.

Compensation and other assistance

required for relocation be

completed, prior to displacement

and provision of resettlement sites

NIRP prescribes that compensation for

loss of land, structures, other assets

and income should be based on full

replacement cost and should be paid

SCDP will comply with OP 4.12 and

NIRP to ensure that full

compensation is paid to APs prior

to their displacement and

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No. WB’s Involuntary Resettlement

Policy Principles

Legal Framework and Safeguard

Policies of GOSL

Degree of compliance or gaps and

measures to address gaps

with adequate facilities, where

required

promptly commencement of civil works.

11

Displaced persons eligible for

compensation would include (i)

those who have formal legal rights

to land (including customary and

traditional rights recognized under

the laws of the country); (ii) those

who do not have formal legal rights

to land at the time the census

begins but have a claim to such land

or assets – provided that such

claims are recognized under the

laws of the country or become

recognized through a process

identified in the resettlement plan;

and (iii) those who have no

recognizable legal right or claim to

the land they are occupying.

LAA consider only titleholders and tenants protected under the Rent Act 1972 for compensation. Non-titleholders will receive only the development value of the land. NIRP prescribes that affected persons

who do not have title deeds to land

should receive fair and just treatment

SCDP will comply with OP 4.12 and

NIRP and provide compensation

and other resettlement assistance

irrespective of the title they hold.

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CHAPTER FOUR

4.0 ELIGIBILITY AND ENTITLEMENTS

4.1 INTRODUCTION

96. The Strategic Cities Development Project will provide cash compensation at

replacement cost as well as other rehabilitation and restoration assistance (R&R) for persons

affected by the acquisition of land for the Jaffna Ponnalai Point Pedro (AB21) Road

rehabilitation project. As described in chapter 2, the affected parties include private titleholder

landowners, one unregistered tenant, Kovils and Churches. The state agencies whose land

would be either transferred to or used for (such as in the case of RDA reservations) the RDA for

road rehabilitation need not be paid cash compensation as per Sri Lanka’s regulatory

framework. The Kovil affected by civil works will be reconstructed within the remaining

portion of the land after land acquisition and SCDP will meet the cost of reconstruction as well

as those associated with performing rituals in the process of relocation.

97. Except for the relocation of one small commercial entity of a unregistered tenant, land

acquisitions will not affect any other primary residential or commercial structures located

beside the road. However, a number of secondary/auxiliary structures belonging to private

individuals and religious institutions will be affected. Compensation for the restoration of those

structures in the remaining portion of the land will be provided by SCDP at replacement cost.

The subproject also requires the shifting of a drinking water pipeline, 99 electric posts and 68

telecommunication posts. The costs associated with shifting of these utility services will be paid

by SCDP to their respective service providers.

4.2 ELIGIBILITY

98. The Entitlement Matrix (EM) in Table 27 provides for compensation and resettlement

and rehabilitation (R & R) assistance for various categories of persons affected by the

acquisition of land for the subproject. The EM is in compliance with the compensation

provisions stipulated in the RPF which incorporates both the involuntary resettlement policy

principles of the World Bank and the policies and regulatory framework of GOSL. If at any stage

of the sub-project, additional resettlement impacts are identified, the RAP will be updated by

the project implementing agency (PIA) to make provisions for mitigating such impacts with

compensation and R&R benefits in line with the EM which will then be re-submitted to the

World Bank for review and approval. The EM offers compensation for loss of land, trees and

crops, structures and business premises and business incomes at replacement cost and special

ex-gratia payments for vulnerable persons.

99. The unit of entitlement can be an individual, household, family or a community

organization. The EM considers the unit of loss to determine the unit of entitlement. If more

than one person has legal or customary rights to a property or resource recognized under the

law, the compensation amount will be shared according to the legal entitlement.

100. Any person or household, or community who suffers loss of land, shelter, business

incomes, etc. because of the subproject impact is eligible for receiving compensation and/or

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R&R assistance to offset such losses while also enabling restoration of living conditions to a

state better or equal to the pre-project situation. The eligibility is determined on the basis of

census of APs carried out while preparing the RAP and approved by the PMU. In case of

titleholders, eligibility is determined through scrutiny of title deeds or other ownership

documents recognized under law.

4.3 CUT-OFF DATE

101. The cut-off date for eligibility for entitlement of titleholders is the Date of Notification

under the Section 2 of LAA (24th November, 2017), and for non-titleholders, it is the

commencement date of the census (5th April 2018). Persons who encroach on the area after

the cut-off-date are not entitled to claim compensation or any other form of resettlement

assistance. Fixed assets such as built structures or planted trees that came up after this date

will not be covered and compensated. All involuntary land acquisitions will be compensated at

replacement cost as per the LAA-1950, LA Regulations of 2008 & 2013 that include cost of

replacing assets calculated based on market value, transaction costs, interest accrued,

transitional and restoration costs, and any other applicable payments.

102. The auxiliary structures to be demolished such as toilet pits, house accesses etc. are

essential parts of the daily lives of people. Therefore, these auxiliary structures will be replaced

with new structures prior to the demolition of the old/existing structures. A mutually agreed

time frame of approximately two months period will be allowed to the APs after the full

payment of their due compensation to enable them to re-construct their auxiliary structures in

the remaining portion of the land prior to the commencement of civil works.

4.4 DISPUTES RELATING TO COMPENSATION

103. In cases where disputes arise on account of the fact that land records are not updated

or where the APs are unable to produce the required documents, where a group of owners or

interested parties are involved or where absentee landowners do not turn up for document

verification and declaration of compensation award, the compensation shall be awarded as per

the established procedures under the LAA and relevant laws and regulations. In the event of

landowners/claimants failing to participate in the land acquisition process or having title

disputes over the property to be acquired, compensation money will be deposited in the

respective district court by the Land Acquiring Officer until the court gives the verdict.

4.5 ENTITLEMENT MATRIX

104. Based on the types of land ownership, anticipated losses or damages for properties and

livelihoods, the entitlements to replacement and restoration measures for this subproject are

summarized in Table 27. It explains the category and type of loss and the eligible category for

entitlements.

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Table 27: Entitlement Matrix

Sr. No. Type of

Loss/Disturbance Definition of

AP Entitlement Details

1. Private Land (Highland/Homesteads) without Structures

1.1 Partial loss of land due to land acquisitions

Legal title holders/ Kovil/ Churches/ affected parties with land use rights recognized under the law

Compensation at replacement cost4

I. Compensation for affected land lot based on market value as per LAA 1950, injurious value, severance, disturbances and transaction costs, and non-statutory and ex-gratia payments as per LAR 2013

II. APs who hand over the possession of land before the date specified by the acquiring officer, they shall be entitled for an ex-gratia payment of 10% of statutory compensation but not less than SLRs. 10,000/ and not exceeding SLRs. 100,000/- as determined by LARC as per LAR 2013.

III. Document charges related to appearing for section 9 inquiries and LARC.

IV. Three months’ advance notification for harvesting standing crops and trees, or compensation for the proportion of the loss of income to APs per cultivation season/trees as certified by the Agrarian Services Officer of the particular GND.

1.2 Paddy Land acquired for the project

Partial loss of paddy land

Legal title holders/ Kovil/ Churches / joint owners/ affected parties with land use rights recognized under the law

Compensation at replacement cost

I. Compensation for affected land lot based on market value as per LAA 1950, injurious value, severance, disturbances and transaction costs and non-statutory and ex-gratia payments as per LAR 2013

II. An ex-gratia payment will be made by LARC for paddy lands based on the difference between the statutory compensation and the amount equivalent to ten per cent of the market value of the land as computed by the Chief Valuer.

III. APs who hand over the possession of the land before the date specified by the acquiring officer they shall be entitled for an ex-gratia payment of 10% of statutory compensation but not less than SLRs. 10,000/ and not exceeding SLRs. 100,000/- as determined by LARC as per LAR 2013.

IV. Three months’ advance notification for harvesting the crops, or compensation for crop damage as certified by the Agrarian Services Officer of the particular GND.

V. Document charges related to appearing for section 9 inquiries and LARC

VI. Farmers will be allowed to continue their cultivations until the commencement of civil works

1.3 Standing trees

1.3 Standing trees - Do- Ex-gratia payments as

I. Compensation for trees affected at replacement

cost based on the the current market price of the

4Replacement cost means the prevailing cost involved in replacing an asset at the time of acquisition and includes fair market value, transaction cost, interest accrued, transitional and restoration cost and any other applicable payments. If any, the depreciation of the assets and structure shall not be taken in to account. Where there are no active market condition, replacement cost is equivalent to delivered cost of all building materials, labour cost for construction and any transaction or

relocation cost.

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Sr. No. Type of

Loss/Disturbance Definition of

AP Entitlement Details

livelihood assistance

trees calculated based on their type, age,

productivity, lost income and life cycle of the trees

as determined by LARC as per LAR 2013.

II. APs will be allowed to retain the felt trees

III. Providing seedlings to APs for replanting the trees

in the remaining portion of the land (Replanting

program is included in Environmental Management

Plan)

2. Loss of Structures on private land

2.1 Permanent and partial loss of primary and auxiliary structures

Legal title holders/ Kovil/ Churches/ affected parties with land use rights recognized under the law

Compensation at replacement cost

I. Compensation for the damaged structures based on

replacement cost determined through market value

(without depreciation), injurious value, severance,

disturbances and transaction costs as per LAA of

1950 & LAR 2013.

II. Right to salvage material from the demolished

structure

III. Mutually agreed time frame of two months for APs

to reconstruct the damaged structures after the

payment of full compensation and prior to the

commencement of civil works.

2.2 Loss of

commercial

Structure

Informal business operators/ unregistered tenant

Compensation & Rehabilitation Assistance

I. Compensation for affected structure at

replacement cost determined by LARC as per LAA

1950, LAR 2008 & LAR 2013.

II. Loss of business income: A lump sum of SLRs.

15,000 or up to 3 months income whichever is

higher, as recommended by Araly North

Gramaniladhari and ascertained by the Sankanai

divisional secretary.

III. A transport allowance of SLRs 15,000/- to shift

equipment and tools, and salvage material of the

bicycle repair workshop to the new business

premises.

IV. Right to use salvage material from the demolished

structure.

V. AP will be allowed a period of two months to

reconstruct the new business structure after the

payment of full compensation.

VI. Any other R & R assistance from the project as

required by the AP

Poor and Vulnerable Households

R & R Assistance

I. An ex-gratia one-time payment shall be made for vulnerable and poor households as determined by the LARC as per LAR 2013 (in addition to their other entitlements)

II. Assistance from the project to reconstruct the damaged auxiliary structures though the construction contractor in case the APs are unable to carry out the restoration work by themselves.

3 Loss of Community Infrastructure/ Common Property Resources

3.1 Loss of cultural & Common properties

Affected communities/groups/

Reconstruction of community structures and

I. Reconstruction of community infrastructures and restoration of common property resources in consultation with relevant institutions and the

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Sr. No. Type of

Loss/Disturbance Definition of

AP Entitlement Details

Institutions5 common property resources

managing trustees as appropriate II. Assistance of SLRs.50,000/- to cover the cost

associated with performing rituals in the process of relocation of Sri Narasinger Kovil

III. Construction of community infrastructure and replacement of the common resources prior to dismantling of the existing structures and their functions.

4. Unanticipated construction related impacts

4.1 Unanticipated construction related impacts

Any Affected Parties

R&R Assistance I. Any unexpected damages for the structures, trees, crops and other income generating activities of APs due to subproject activities will be covered by insurance policy taken by the contractor.(This is a mandatory requirement to be fulfilled by the contractor throughout the contractual period)

II. SCDP will monitor the contractor to ensure that he has a sufficient insurance cover to address construction related impacts

5 Sri Narasinger Kovil, Kakathivu fishery storage room of Valikamam South-West Pradeshiya Sabha, boundary walls of the Palmyrah Development Board, & church and drinking water supply line of Valikamum South West Pradeshiys Sabha)

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CHAPTER FIVE

5.0 INFORMATION DISCLOSURE, PUBLIC CONSULTATION AND PARTICIPATION

105. Information sharing about the project and consultations with all affected parties, and

key stakeholder institutions and their partners played an important role in project planning in

general and preparation of the RAP, in particular. This chapter describes the processes

involved, key issues raised at various levels, and modifications made to the project design, and

safeguards measures built into the RAP in response to public views, concerns and requests.

106. Focus group discussions (FGDs), public meetings, community discussions, key informant

interviews and individual consultations were held with District Secretary, 3 Divisional

Secretaries (Jaffna, Sandilippai, and Sankanai), UDA, JMC, 2 Local Authorities, RDA, Department

of Surveys, and other relevant stakeholders including vulnerable households. Consultations

facilitated the disclosure of project related information to the relevant stakeholders and served

as a venue for the public to express their opinions on priorities and issues which the Project

should address.

107. The public consultations conducted during project planning and development, and the

preparation of the RAP can be broadly divided into three categories. They are;

• Preliminary consultations

• Consultations during the planning stage

• Consultations with affected persons after the project design was completed

108. In some occasions, consultations on the AB 21 road were discussed together with other

subprojects earmarked for Jaffna. However, several specific consultations were conducted with

the community, land owners and farmers to share project information and, particularly on

issues related to land acquisition. The initial design for the subproject was completed in May

2016 and, boundaries were demarcated by the Survey Department in May 2017 based on the

initial design. The parties to be potentially affected were identified based on these survey

department’s boundary demarcations. Altogether 428 persons comprising 315 males and 113

females participated in consultations conducted by SCDP during the period of February 2017 to

April 2018. A summary of participation details are given in Table 28. A Leaflet on project

related information shared during consultations is in Annex 6

Table 28: Stakeholder Consultations

No Date Representatives/Participants No of

Participants Venue Purpose of Consultation

1 02.10.2015 Officers of Government Institutions in Jaffna city, University of Jaffna, SCDP officers

52 District Secretariat, Jaffna

To discuss about Jaffna Town and Urban Planning activities

2 02.10.2015 UDA, JMC, SCDP, District Secretary 12 District Secretariat, Jaffna

Finalization of Steering & Working Committees - SCDP (Jaffna Town Development Plan - 2030)

3 07.10.2015 WB Team, SCDP, RDA, University of Jaffna, UDA, Other government Organizations

25

Chief Minister’s Office, Northern Province

Key Development Challenges in Jaffna - Initial Consultation with Stakeholders for SCDP

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4 18.01.2016

JMC, SCDP, Colombo, WB, District Secretary, Divisional Secretaries, Interest Groups, Religious Organizations, RDA, CBOs

15 District Secretariat, Jaffna

Stakeholder Meeting, SCDP works, including road rehabilitation

5 10.02.2016 Members of Parliament, District Secretary, JMC, UDA

14 Committee Room 8, Parliament

SCDP- Intervention in Jaffna city (special attention on road rehabilitation)

6 11.02.2016 District Secretary, UDA, Dept. of Archaeology, All Divisional Secretariats, Jaffna.

24 District Secretariat, Jaffna

Discussion on Archaeological Sites in Northern Province

7 02-08-2017 Fishermen and vendors, Project Staff

34 Kakkaitivu Fish Landing site

Road upgrading and impacts on the structures inside the fish landing site and the kovil

8 09-05-2017

Fishermen and members of Kovil committee, Grama Niladari, Land Officers of DS office, Representatives of SCDP Project Staff,

21

Community hall-Kakkaithivu

Damages and compensation entitlements. Shifting of out-boat engine storage room and rebuilding of the Kovil

9 25-04-2017

Representatives of DS office-Sandilippaai Representative of Agrarian Services Department Land owners, Representatives of SCDP

22

Murukamoorthy Kovil Hall, Anthiran

Road Upgrading and impacts, Entitlements for compensation

10 26-07-2017 Secretary of Valikamam South West PS, Engineer, Land officer and Social Officer of SCDP

3

Pradeshiya Sabha, Valikamam South West

Project impacts on Kakkitivu Fish Market and mitigation measures

11 16-01-2018 Add. District Secretary, Project Staff and stakeholders

58 District Secretariat, Jaffna

Description of AB 21 road, Social Survey

12 23-02-2018 Grama Niladari, APs, CBOs, Social Activists

21 GN office, Araly North

Community Consultation- Araly North J/164 GN

13 28-02-2018 Grama Niladari, APs, CBOs, Social Activists

13 GN office, J/ 166

Community Consultation- at J/ 166

14 03-03-2018 Jaffna College Students 20 Jaffna College Safety measures to be considered during civil works.

15 02-03-2018 Grama Niladari 3 GN office, J/165

To plan the community consultation together with socio-economic and census surveys

16 02-03-2018 Grama Niladari, APs 12 GN office, J/160

To plan the community consultation together with socio-economic and census surveys

17 16-03-2018

Grama Niladari, APs

7 GN office, J/161

To plan the community consultation together with socio-economic and census surveys

18 20-03-2018 Grama Niladari, APs

6 GN office, J/135

To plan the community consultation together with socio-economic and census surveys

19 23-03-2018 Grama Niladari, Fishery Cooperation Officers, Fishermen society

15 Kakkaitivu Fish Landing Site

Reconstruction activities of Storage room

20 29-03-2018

Grama Niladari, APs

7 Navanthuri Community Center, J/185

To plan the community consultation together with socio-economic and census surveys

21 30-03-2018

Grama Niladari, APs

7 Navanthuri Community Center, J/184

To plan the community consultation together with socio-economic and census surveys

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22 04-04-2018 Navanthuri Market Vendors 3 Navanthuri Market

Sub project activities

23 06-04-2018 Grama Niladari, APs

25 Navanthuri Community Center

Implementation of sub project’s civil works

24 06-04-2018 Grama Niladari, APs

9 Navanthuri Site Implementation of sub project’s civil works

Total 428

109. Apart from consultation sessions, all affected households and other stakeholders

specified in chapter 2 were individually visited by an SCDP social team, usually consisting of a

male and a female staff member for an initial briefing about the project. These initial

consultations served the following purposes:

• Establishing rapport with APs

• Providing an introduction to SCDP

• Providing a brief introduction to AB21 road rehabilitation project

• Assessing the APs’ initial responses to the project and their information needs

5.1 PRELIMINARY CONSULTATIONS

110. The objective of the preliminary consultations was to disclose information about the

SCDP and the subproject to the potentially affected persons/households as well as the key

stakeholders in order to raise their awareness and to mobilize their support for the proposed

rehabilitation of the AB 21 road section. While the potentially affected persons were met in

their residences or business premises, consultations with government and other stakeholders

were conducted at the Jaffna District Secretariat. The first such consultation was held on

October 2, 2015 with of the representatives of the relevant government agencies and the

Jaffna University. This meeting was conducted in English with Tamil translations when

necessary. In this meeting the SCDP staff clarified the objectives and the scope of SCDP and

possible interventions in the Jaffna region including AB 21 road section subproject. This

consultative meeting with the key stakeholders also provided a forum for the participants to

express their development related needs, concerns and priorities such as the need for having

access to improved road network, health services, transportation for their farm and fish

produce, educational services for children, etc. Furthermore, the consultations pointed to the

need for encouraging local participation in project planning and implementation and, reducing

traffic related accidents. A broad consensus for the subproject to rehabilitate AB 21 road

section was reached at this meeting.

111. During the period October to December 2015, SCDP staff also met the relevant

government agencies individually to explain their specific roles and functions in the project.

The key government agencies approached were the RDA, UDA and the district and divisional

level administration (see Table 28). The issues/ suggestions raised at the meetings and the

responses of SCDP are summarized in Table 29

.

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Table 29: Key issues discussed during subproject’s planning stage

SN Issues/ Views/ Suggestions raised by Participants Response and Action taken by SCDP

1 There is an earth drain between the paddy land and the road from 8+300:8+400. Will it be functioning even after the road rehabilitation? This drainage is essential to convey the large amount of water accumulated in this area and to prevent damages to paddy cultivation.

This has been included in the design. Land is available to establish the culverts

2 Will the road surface be raised to a higher level in this paddy land (8+200:8+400) area? We will face difficulty to get machineries into the paddy land if the road level is too high.

Access improvement is included to design

3 APs asked to clearly demarcate their land boundaries.

Department of survey marked the land acquisition boundaries

4 There should be new culvert to be installed at 14+380 to divert the water accumulated in the settlement area towards the lagoon.

It has been included in the design

5 There is an earth 10 feet wide drain with a sluice between the paddy land and the road from (12+020: 12+440). Will it be functioning even after the road rehabilitation? This drainage is essential to convey the large amount of water accumulated in this area to secure the paddy and also to irrigate the paddy land with accumulated water using the sluices.

It has been considered during sub project designing and included in the design

6 There is a culvert which is not functioning properly now at the Vaddukkodai junction (11+040), and it should be restored to functioning levels together with the connected earth drain

It has been included in the design

7 Land owners requested to minimize land acquisition. And compensation should be paid at market value.

Compensation will be paid at replacement cost

8 The land owners living close to costal belt had concerns about the use of lime stones for road construction as it would cause environmental degradation leading to saline intrusion to ground water. Use of alternative materials such as granite from Medawachchiya and, techniques such as soil stabilization should be considered

Project will ensure that it will not use any materials harmful to the environment

9 Requested installation of CCTV cameras for safety purposes and for regulating traffic movements

Informed that these facilities will not be part of the proposed subproject

5.2 CONSULTATIONS DURING RESETTLEMENT PLANNING STAGE AND THE INITIAL DESIGN COMPLETION STAGE

112. During the planning stage, consultations were conducted with selected stakeholders

and APs at the district, divisional and community levels, in order to identify approaches and

strategies to address public concerns and safeguards requirements. Information about the

venues, participants and dates of these meetings are given in Table 28 and, issues discussed

and decisions reached with respective stakeholders are presented in Table 30.

113. Consultations with APs were conducted to share information on the subproject related

impacts, specifically due to land acquisitions, entitlements and compensation for losses, and

grievance redress procedures. Issues raised by participants about land acquisition procedures,

compensation process and, possible adverse impacts during the construction period and the

management of the contractor’s conduct were responded by the staff of SCDP, details of which

are presented in Table 30. Where necessary and feasible the initial design was modified

appropriately in response to public opinions and views expressed by APs at this stage. A

summary of key issues raised at these consultations is presented in Table 30.

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Table 30: Key issues discussed at consultations

No. Views/ Issues Response and Action taken by SCDP

1 Land Oowners requested to minimize land acquisition. And compensation should be paid at market value.

Compensation will be paid at replacement cost

2 Requested basic facilities on road side such as bus shelters with benches

Requested facilities will be provided

3 Requested that pedestrian crossings are marked near the schools

Included in the road design

4

Increased traffic volume and vehicle speeds can pose safety risks; requested that adequate road signs are displayed in residential areas and in areas where school children are moving

All safety measures will be introduced during and after road rehabilitation

5

The community requested additional culverts at following chainage 5+100, 5+800, 7+970 (next to the Araly Barrage). Valukkai aru scheme passes through the barrage and the surrounding area regularly get flooded due to lack of water discharge into the lagoon. The community requested the widening of culverts at 11+040, 12+020, 12+400, & 14+380 to discharge storm water to avoid flooding

The project will ensure constructing sufficient culverts in the appropriate places

6

Do not disturb the accesses to paddy fields as well as residential and highlands during civil works and sub project’s operation. Beach access should not be blocked during the road rehabilitation at Kakaithivu landing site

The design includes the improvement of access from the AB21 road and the existing access will not be disturbed during civil works and after rehabilitation works.

7 Damages to the Kovil should be avoided or else it should be relocated in the same premises

Kovil will be rebuilt according to the design to be provided by the caretaker.

8 The engine storage room which will be damaged due to subproject should be reconstructed with better facilities

Damaged structures will be restored with improved facilities in the remaining portion of same land

9 A drinking water supply scheme managed by Pradeshiya Sabha in Araly North GND should not be disturbed.

The project will construct the new water line first and operate. The old water line will be removed after new water supply is established.

114. Arrangements for continuous consultation and information disclosure will include

conducting stakeholder and community consultations to make them aware about subproject

construction work, land acquisition and compensation process, resettlement activities and the

grievance redress procedures.

5.3 INFORMATION DISCLOSURE

115. Information disclosure to APs constituted part of the consultations conducted with

them. A printed leaflet covering the following information was handed over to each AP at the

beginning of this consultation (Annex 6: Information Leaflet);

• Information about the SCDP

• Relevance and importance of the subproject

• Funding sources for the subproject

• Time frame for project implementation

• Contact information

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5.3.1 Disclosure of RAP

116. The RAP will be disclosed in local languages (Tamil and Sinhala) as required by the safeguard policies of the WB and the GOSL, and will be made available for the public scrutiny. The RAP will be disclosed at SCDP’s web site (www.scdp/scdp.lk) as well as World Bank Info Shop after getting clearances from WB and, links will be published in the print media.

5.3.2 Maintaining Information Profile

117. The PIU/Jaffna will maintain a data base of all information including maps and

photographs collected during census survey and consultations. The data base will be updated

by PIU in periodic intervals and, it will be used for purposes of RAP implementation and

monitoring.

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CHAPTER SIX

6.0 GRIEVANCE REDRESS MECHANISM

118. A Grievance Redress Mechanism (GRM) consists of institutions, instruments, methods and processes by which a resolution to a grievance is sought and provided. The impacts of the AB21 project may raise numerous grievances and complaints on the part of affected persons. Possible grievances can include: civil construction works such as problems associated with contract management and contractor performance, damages to public and private properties, people’s concerns over their personal safety; various inconveniences to the general public such as access difficulties, restrictions to public places, disturbances resulting from noise and dust, and issues related to labour influx such as conduct of laborers, gender-based violence, etc. The grievances reported by the aggrieved parties will be addressed through a four-tier GRM established by SCDP. The grievances related with land acquisition and compensation will not be addressed through the GRM since there is Super LARC to address such issues as per the provisions in the LAR 2013.

119. The Social Development Officer (SDO) assigned for the subproject will be the key point of contact to receive grievances and complaints. In addition to the grievance register maintained by SDO at PIU, additional grievance registers will be maintained at the relevant offices of the GNs and the office of the supervision consultant. The SDO will collect all grievances recorded in such registers and will take necessary action for their resolution. SCDP- PMU will conduct internal monitoring of the grievance resolution process. In addition, the external independent monitor will also monitor and evaluate the performance of the GRM and the resolution of grievances.

6.1 STRUCTURE OF THE GRM

6.1.1 Grievance redress at subproject site level

119. A Social Development Officer (SDO) of SCDP assigned for the subproject will be

responsible for addressing the grievances at field level. The SDO will be stationed at Jaffna -PIU

and his contact information will be displayed at each GN’s office in sub project impact area and

other strategic locations along the AB 21 road. Any aggrieved party can report their grievances

and complaints directly to the SDO either verbally (in person, or via telephone or SMS) or in

writing. The SDO will record all such grievances with details such as the date of complaint,

name and address of the complainant and his/her contact details, content of the grievance etc.

Moreover, log books will also be maintained at each GN office and supervision consultant’s

office to facilitate the APs to record their grievances, if the second option is convenient and

easily accessible to the affected parties. The SDO will regularly check such grievance records

either through personal visits or via telephone calls to the GN and the supervision consultant.

The SDO will take immediate action to resolve the issues raised by the APs in consultation with

the complainants and other relevant parties. If any issues related to Gender Based Violence

(GBV) are reported, the female officer of PIU-Jaffna will join the SDO to address such issues. If

the SDO is unable to resolve the grievances within one week or else the AP is dissatisfied with

the resolution process, the grievance/complaint will be forwarded to the next level, i.e. Project

Implementation Unit (PIU)/Strategic Cities Development Project.

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6.1.2 Grievance redress at PIU level

120. There will be a Grievance Redress Committee established at the PIU level. The GRC will

comprise representatives of the Chief Secretary (Provincial Council), Executive Engineer of RDA

(who will be the chairperson of the GRC)), Chairman of the LRC6 of the location, GN of the

respective area where the grievance originates, DPD (Jaffna), APD/SDO (Secretary) and two

respectable citizens from society, of whom one will be from the affected community. Of the

two citizens, one will be a female. The PPA level GRC will meet bi-monthly or more

frequently depending on the number of grievances received from the site level. The GRC

will meet at the respective Divisional Secretariats, depending on the place from where the

grievance was reported. The PPA level GRC is responsible for solving grievances within a period

of two weeks.

6.1.3 Grievance redress at PMU level 121. The third level of the GRM is the Project Director (PD) of SCDP whose PMU is located on

the 4th floor of Sethsiripaya, Stage 01, Battaramulla. If the AP is dissatisfied with GRC’s decision

or else the PPA level GRC is unable to solve the problem at their level, the grievance will be

submitted to the Project Director (PD). The PD will take a decision in consultation with the RDA

and the PIU in Jaffna. The PD will give his/her decision within one week of receiving the

grievance.

6.1.4 Independent Grievance Redress Panel (IGP)

122. If PD’s decision is not acceptable to the AP or PD is unable to resolve the grievance, APs

can appeal to the Independent Grievance Panel (IGP) established at national level. The IGP

comprises representatives from the Land Ministry, Department of Valuation, a lawyer, a retired

senior government officer, and a representative of a recognized Civil Society Organization and /

or a person representing the APs. The meetings of the IGP will be held at MM &WD.

123. If the decision given by IGP is not acceptable to the APs, they can recourse to legal

action through the country’s judicial system. Moreover, the APs can also leave the project

based GRM at any time if they decided to seek redress through the legal system in the country.

6 Local Resettlement Committees (LRC) are established in SCDP subprojects with the representatives of the APs to

help in coordinating the resettlement and rehabilitation activities at community level.

Figure 3: GRM Diagram

APs Grievances and Complaints

External Instruments Internal Instruments

Social Development Officer

Grievances Redress

Committee (GRC)

Project Director and Deputy

Project Director (Social)

Independent Grievances

Panel (IGP)

Resolved

Resolved

Resolved

Resolved

Resolved Samatha

Mandala

Court

Unresolved

Unresolved

Unresolved

Unresolved

Unresolved

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Table 31: Contact Persons of the Subproject

Project Implementation Unit

Mr. Thevarajah Krishnarajah

Social Officer

Strategic Cities Development Project

Project Implementation Unit

A16, District Secretariat Office,

Jaffna.

+94212216383/ +94773474676

[email protected]

Mr. Siva Mayuran

Project Manager (Road)

Strategic Cities Development Project

Project Implementation Unit

A16, District Secretariat Office,

Jaffna.

+94212216383

Road Development Authority District Secretary

Eng. V. Suthakar

Chief Engineer

Road Development Authority

Jaffna.

+94212219757/ +94212222968(Fax)

+94777110972

Mr. N. Vethanayahan

District Secretary

District Secretariat

Jaffna

+94212222235

Emil: [email protected]

Project Management Unit

Mr. Pradeep Hettiarachchi

Deputy Project Director (Social)

Strategic Cities Development Project

4th Floor, Sethsiripaya -Stage 1,

Battaramulla.

+94 11 2887320/ +94 11 2887321

+94 71 4398678

[email protected]

Mr. K.A.D. Chandradasa

Project Director

Strategic Cities Development Project

4th Floor, Sethsiripaya -Stage 1,

Battaramulla.

+94 11 2887320-23/ +94 11 2887140

+94 71 1357579

[email protected]

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CHAPTER SEVEN

7.0 INSTITUTIONAL FRAMEWORK

124. The Strategic Cities Development Project (SCDP) of the Ministry of Megapolis and

Western Development (MM&WD) is the implementing agency of the Rehabilitation of Jaffna

Ponalai Point Pedro (AB21) Road. RDA is the Project Partner Agency (PPA) and the assets

owner of the sub project. SCDP has a project management unit (PMU) located in Colombo.

125. The PMU is responsible among its other functions for overall coordination, supervision

and monitoring of project’s compliance with social safeguards which include resettlement

planning, fund disbursements, coordination of all activities related to RAP implementation,

monitoring and reporting. The Project Director (PD) will also liaise with MM&WD and the

World Bank (WB) for all functions related to safeguards management and reporting. The PD is

assisted by a social unit headed by a Deputy Project Director based in Colombo. The National

Project Steering Committee (NPSC) chaired by the Secretary of MM&WD at its bi-annual

meetings monitor the overall progress of project implementation including safeguards

management, resolve implementation issues, and coordinate with other government agencies

which are connected to the project implementation.

126. The PMU has established a project implementation unit (PIU) in Jaffna to coordinate

and implement all activities related to sub projects implementation. The social development

officer (SDO) at PIU will be responsible for the implementation of the RAP and the overall

coordination of social safeguard management under supervision of an Additional Project

Director for Jaffna. The social safeguards team of the PMU in Colombo will also provide

technical guidance and assistance to the Jaffna SDO in the management of social safeguards.

The Land Officer, a female, of the Jaffna PIU will also assist the SDO on matters related to land

acquisitions and payment of compensation. Roles and functions of officers responsible for

social safeguards management are described in Table 32.

Table 32: Roles, responsibilities and reporting procedures of SCDP Social Safeguard Staff in RAP preparation and

implementation for AB 21 Road

Person/Agency Roles and Responsibilities Line of Reporting

Project Director

▪ Provide policy directives and advice on social safeguards and resettlement management

▪ Secure and disburse funds required for RAP preparation and implementation

▪ Handling grievances reported to PMU and IGP level

▪ Liaise with WB for all functions related to safeguards management and reporting

▪ Conduct periodic progress reviews on safeguards management

Secretary/MoMWD

Additional Project

Director/ Deputy

Project Director-

▪ Oversee the SDO in PIU and provide necessary services and facilities required for safeguards implementation

Project Director/SCDP

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Person/Agency Roles and Responsibilities Line of Reporting

Jaffna PIU ▪ Ensure and provide necessary funds for the implementation of resettlement activities

▪ Facilitate communication and coordination between SDO, engineering consultants and contractors

▪ Conduct weekly progress review meetings with SDO

Deputy Project

Director (social)

▪ Coordinate overall preparation, planning, implementation and monitoring of safeguards activities

▪ Liaise with and coordinate all functions and activities related to LARC and S/LARC in the process of determination of compensation for AP.

▪ Coordinate with Land Division of SCDP and ensure the timely completion of land acquisition process

▪ Undertake and supervise payment of compensation to APs based on entitlement matrix in the resettlement plan

▪ Submit the draft and final RAPs for WB’s clearance and ensure their public disclosure

▪ Coordinate with external monitor and facilitate monitoring activities for AB21 road.

▪ Prepare periodic progress reports on social safeguards management

Project Director/SCDP

APD (Social)/ PMU

▪ Coordinate overall preparation, planning, implementation and monitoring of RAP at field level

▪ Update RAP and other safeguards documents as necessary

▪ Monitor the timely disbursement of compensation and other entitlements

▪ Establish the GRM and ensure its effective and efficient functioning

▪ Provide training and awareness on social issues and safeguards to the project staff and contractors

▪ Set up appropriate record keeping and database systems

▪ Prepare and submit monthly progress reports on RAP implementation and submit to DPD/Jaffna and DPD (Social)

Additional Project Director/

Deputy Project Director- Jaffna

PIU & Deputy Project Director

(social)

Social Development

Officer- Jaffna PIU

▪ Assist the APD (Social) in all activities related to coordination, preparation, planning, implementation and monitoring of RAP

▪ Assist the APD (Social) in the timely completion of all compensation and R&R assistance due to APs

▪ Maintain relevant files of APs ▪ Guide, monitor and supervise the relevant

contractors and parties in the restoration of affected auxiliary structures of the private individuals and the public and religious institutions, reconstruction of fishery storage room, and the relocation process of the Kovil.

▪ Extend assistance and guidance to the bicycle repairer in his relocation of the business premises

Additional Project Director/

Deputy Project Director- Jaffna

PIU & Deputy Project Director

(social)

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Person/Agency Roles and Responsibilities Line of Reporting

▪ Assist vulnerable APs to obtain their entitlements and, facilitate any other assistance required

▪ Monitor and supervise the status of RAP implementation and prepare monthly status reports.

▪ Oversight of construction contractor(s) on implementing and monitoring social impact mitigation measures in the SIMP during the civil works of AB21 road

▪ Liaise with Environment Officer in the monitoring of the EMP by the contractor, and specifically on the tree planting program

▪ Disseminate relevant information on GRM and other subproject related information to APs and other stakeholders

▪ Engage APs and other stakeholders in continuous consultations

▪ Assist DPD/ Jaffna to form the GRC at PPA level ▪ Engage in grievance redress and ensure the

prompt resolution of complaints ▪ Document outcomes of consultations and

grievance resolution and share them with project staff

▪ Monitor the unforeseen project impacts and plan and implement necessary mitigation measures in consultation with DPD (Social)

127. Apart from the core team who will be directly responsible for the preparation and

implementation of the AB 21 RAP, there are several other agencies and institutional

mechanisms that would support and reinforce the implementation of RAP as described in Table

33.

Table 33: Key functions of support agencies and institutional mechanisms for RAP implementation

Agency/Institutional

Mechanism Functions

Ministry of Megapolis and

Western Development

(MoM&WD)

• Provide necessary policy guidelines, and allocate GOSL funds

• Liaise and coordinate with the WB

• Direct PMU in addressing implementation issues

• Road Development

Authority (RDA), Project

Partner Agency (PPA)

• Support to conduct ownership inquiries in land acquisition process

• Signing MOU with other government agencies to take over the land required

for sub project

• Establish a GRC at the PPA level

• Act as the chairman of GRC and ensure effective and timely resolution of the

reported grievances

• Participate in the LARC and Super LARC

• Takeover the assets after rehabilitation and carry out operation and

maintenance work in the road

• Facilitate communication and coordination with relevant stakeholder

agencies

Ministry of Lands (MoL) • Approval for acquisition of land required for AB21 road

• Liaise with Divisional Secretary in the land acquisition process

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Agency/Institutional

Mechanism Functions

• Monitor the progress of land acquisition

Valuation Department • Valuation of properties to be acquired for AB21 road, as provided in the Land

Acquisition Regulations of 2009 (No.1596/12 of 7th April 2009) and

submission of valuation reports to the Divisional Secretary/Acquiring Officer

Divisional Secretary (DS)

(Valikamam West &

Valikamam South West)

• Officially designated land acquiring officer responsible for land acquisitions

and payment of statutory compensation and vesting of acquired land in RDA

Grama Niladharis • Assist the Divisional Secretary and the Survey Department in the land

acquisition process

• Participate in the GRC

Land Acquisition and

Resettlement Committee

(LARC)

• Determine ex-gratia payments for persons affected by land acquisitions and

dissatisfied with statutory compensation paid to them as provided in the

Land Acquisition (Payment of Compensation) Regulations of 2013

(No.1837/47 of 22nd November 2013)

Super Land Acquisition and

Resettlement Committee

(S/LARC)

• Determine to enhance ex-gratia payments or sustain the same level of ex-

gratia payments for APs who appeal to S/LARC having dissatisfied with LARC

decisions as provided in the Land Acquisition (Payment of Compensation)

Regulations of 2013 (No.1837/47 of 22nd November 2013)

Local Resettlement

Committee (LRC)

• LRC constituted by representatives of the APs will help to coordinate the

resettlement and rehabilitation activities at community level

• Participate in the GRC

External Monitor

• Will (i) review and monitor the overall implementation progress and

performance of the AB21 RAP including timely payment of compensation,

grievance redress and mitigating adverse impacts arising from construction

work; (ii) determine the level of compliance of the implementation of RAP

with the policies of the Bank and the GOSL as defined in SCDP’s Resettlement

Policy Framework, and recommend corrective actions to improve

implementation, as required; (iii) provide regular reports to the SCDP with

copies to the Bank on overall management of resettlement implementation

progress and performance; and (iv) assess the overall adequacy and the

effectiveness of the safeguard measures adopted to restore damaged

properties and livelihood of the bicycle repairer, households and communities

and provide recommendations on additional measures required.

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CHAPTER EIGHT

8.0 RESETTLEMENT BUDGET AND FINANCING

128. This chapter presents the Resettlement Budget. The Department of Valuation is

responsible for the valuation of structures and land affected by land acquisition and,

determining the statutory compensation. The land values for budgetary purposes have been

calculated on the current market values for similar land. The rates provided by the

Government’s Buildings Department provided a benchmark to determine the compensation for

all structural damages.

129. The resettlement budget comprises compensation for acquired land, and affected

auxiliary structures of the private households and the public agencies, crops and trees, and

livelihood restoration. The budget also includes provisions for safeguards management,

consultations, grievance redress and monitoring. The total resettlement budget is SLRs 113.49

million which is equivalent to US $ 0.6368 million (at an exchange rate of 1US $= 178 SLR as on

February 7, 2019). The summary resettlement budget is presented in Table 34.

Budget Notes:

I. Land values: compensation for acquired land, at replacement cost, was estimated

based on current land values obtained from the Jaffna Regional Office of the Valuation

Department on their recent land valuations and, the current market values of land

adjacent to AB21 road collected during the socio- economic survey.

II. Reconstruction costs of auxiliary structures affected by land acquisition: was

estimated based on the rates obtained from the Government’s Buildings Department-

Jaffna office.

III. Business incomes: Compensation for loss of monthly business incomes of the bicycle

workshop operator was estimated based on data collected during census of APs.

VI. Provisions for ex-gratia payment for vulnerable persons: up to a maximum of SLRs.

15,000/ per AP as determined by LARC as per LAR 2013.

VII. Compensation for Standing Trees: The estimated value of the coconut trees was based

on the rates provided by the Coconut Cultivation Board, whereas the value of Palmyra

trees was calculated using the rates provided by the Palmyra Development Board. The

rates provided by the Timber Corporation are used to estimate the value of the timber

trees.

VIII. Cost of appearing before inquiries of LARC and documentation charges: was estimated

at SLRs 10,000/- per AP

IX. Unforeseen impacts: 10% of total compensation and other expenses

X. Contingency: estimated at 2.5% of total resettlement budget

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Table 34 : Resettlement Budget

Type Impact Item Unit Qty Unit/ SLRs

Total (SLRs)

Compensation for land

Paddy Land

Perch

458.19 30,000 13,745,700

Highland (Residential) 108 110,000 11,880,000

commercial Land 8.1 140,000 1,134,000

Bare Land 48 100,000 4,800,000

Compensation for restoration of commercial structures No's 1 150,000 150,000

Compensation for auxiliary structures

Boundary Walls Meter 526 20,000 10,520,000

Live Fences Meter 603 1,000 603,000

Tin sheet fences Meter 636 5,000 3,180,000

Gates Nos 63 30,000 1,890,000

Toilet pits No’s 1 75,000 75,000

Compensation for Livelihood losses

Bicycle Workshop Months 3 25,000 75,000

Compensation for Affected Trees (refer Table 18 for details) 513,000

Allowances

PAPs participation in Section 9 inquiry (4 Government agencies have been excluded as they are not eligible to receive the allowance)

PAPs 181 10,000 1,810,000

Onetime grant for vulnerable families PAPs 70 15,000 1,050,000

Awareness creation on road traffic rules (1 per each GN Division) Programs 14 10,000 140,000

Monitoring and Evaluation

External Monitoring Months 18 350,000 6,300,000

Consultation, Information dissemination, GRC meeting and reporting

Months 24 10,000 240,000

Unforeseen Impacts(10% of Compensation & 5,142,570 Resettlement Assistance Expenses)

Shifting utilities

PS water supply line with stand post 2,500,000

Electricity Posts 27,000,000

Telecommunication Posts 7,000,000

Reconstruction of other damaged structures

Engine storage room No's 1 7,000,000 7,000,000

Kovil No's 1 3,250,000 3,250,000

Kovil ritual performance No's 1 50,000 50,000

Sub Total 110,048,270

Administration Cost 0.5% 550,241

Contingency 2.5% 2,751,207

Grand Total 113,349,718

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CHAPTER NINE

9.0 IMPLEMENTATION SCHEDULE

130. Activities related to social safeguards management will go through different phases

which include preparation of draft and final resettlement action plan, public consultations and

information disclosure, and disclosure of resettlement plans, land acquisition, payment of

compensation and other assistance, grievance redress etc. The resettlement related activities,

specifically payment of compensation, will be completed prior to the commencement of civil

works. Table 35 presents an implementation schedule for resettlement activities. The

implementation schedule for resettlement activities are tentative and subject to modification

based on the actual progress of work, which is now considered to be 2020.

131. The MM&WD as the PIA is responsible for overall project coordination and

implementation. The PMU established in the MM&WD is the organizational arm responsible

for management and coordination of all sub projects. The PIU established in Jaffna is

responsible for implementation and coordination of all sub projects identified for the particular

city region. Land acquisition and compensation disbursement will be completed by 30th April

2019.

Table 35: Implementation Schedule

No Key Activities 2017 2018 2019 2020

1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

1 Selection of experts to conduct SIA & prepare the

RAP

2 Appoint a team to work on RAP preparation

3 Conduct AP census and socio- economic surveys

4 Conduct consultations with APs and other

stakeholders

5 Prepare draft RAP

6 WB’s clearance for draft RAP

7 Public disclosure of RAP

8 Updating RAP after final engineering designs and

full AP census

9 WB’s clearance for updated RAP

10 Public disclosure of updated RAP

11 Disclose information on GRM

12 Land acquisition process (start and completion)

13 Pay compensation for AP

14 Conduct grievances redress mechanism

15 RAP Implementation

16 Reconstruction of damaged structures

17 Relocation of Bicycle repair workshop

18 Handing over the site to contractor

19 Shifting of Water supply line

20 Continue stakeholder consultations

21 Information disclosure

22 Monitor safeguards compliance (internal and

external)

23 Reporting resettlement plan implementation

progress

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CHAPTER TEN

10.0 MONITORING AND EVALUATION

132. SCDP will have overall responsibility for monitoring the subproject processes, outputs,

outcomes and impacts over the lifespan of the subproject. The subproject will be monitored

both internally and externally. SCDP will establish the necessary institutional arrangements

required for monitoring of the implementation of the resettlement plan and, safeguards

management.

10.1 INTERNAL MONITORING

133. The DPD (social) together with social safeguard staff in PMU and PIU will design a

monitoring framework which will include the key areas for monitoring, methodologies and

relevant indicators and, plans for disclosure of monitoring results well in advance of the

subproject implementation. The monitoring system will also focus on engaging all the relevant

stakeholders in the monitoring processes and adopt participatory processes such as holding

periodic review meetings and discussions. They include project partners and APs. The

methodologies would include review of documents produced by the PIU, contractors,

individual/group meetings with APs and other stakeholders and surveys and studies. The Social

Development Officer (SDO) will maintain a database of all the relevant information such as

preliminary screening of all APs in sub project impact area and, profiles of affected persons and

information related to resettlement.

134. The SDO reporting directly to the Additional Project Director/ DPD (Jaffna) will

undertake regular field visits to project sites, maintain a dialogue with APs and ensure that

consultations are conducted regularly and effectively. The monitoring process will also focus on

(i) the progress of the implementation of the resettlement plan; (ii) the level of compliance of

project implementation with safeguards plans and measures provided in the legal agreements

including payment of compensation and other resettlement assistance and, mitigation of

construction related impacts; (iii) disclosure of monitoring results to APs and other

stakeholders; (iv) the level of consultations conducted with APs and other stakeholders to

address gaps in resettlement plan implementation and, to identify necessary measures to

mitigate, avoid or minimize adverse impacts arising from project implementation; and (v)

follow up of and resolution of APs’ grievances. The APD (Social) based in PMU will support the

SDO to carry out the internal monitoring process as well.

135. The SDO together with the APD (Social/PMU) will systematically document the

monitoring results and quarterly reports will be produced. SCDP will submit quarterly reports

for review by the WB on the progress of the safeguards implementation of resettlement

activities and, any compliance issues and corrective actions adopted. These reports will closely

follow the involuntary resettlement monitoring indicators agreed at the time of resettlement

plan approval.

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Table 36: Indicators for Monitoring and Evaluation

Level of

Reporting Objective Indicators

Inputs /

Process

Institutional arrangements for

land acquisition and payment

of compensation established

Land Ministry approval for land acquisition obtained

Land acquisition process initiated by respective Divisional Secretaries

APs are informed of the land acquisition process and, their entitlements

for compensation

LARC established to determine compensation

Land acquisition process is monitored by SCDP

A process for continued

consultations and information

disclosure established

LRC is established to assist SCDP in the process of RAP implementation

and safeguards management

Regular consultation meetings with APs and other relevant stakeholders

conducted

Outcomes of consultations are comprehensively and systematically

documented

The RAP and the EM are translated into local languages and placed for

public scrutiny

APs and other stakeholders are consulted on any changes to RAP and

safeguards plans

Institutional arrangements for

grievance redress established

The four-tier GRM established with relevant procedures for receiving,

recording and resolution of grievances and complaints

APs and the public are informed of the operations of the GRM

Members of the GRC are given training on GRC procedures and grievance

management

Social Impact Mitigation Plan

(SIMP) prepared and, included

in contractor’s agreement

SIMP prepared by SCDP is included in the contractual agreement of the

construction contractor

Implementation of the SIMP is closely monitored by SCDP

Outputs

Payment of compensation and

other R&R assistance

All compensation and other R&R assistance provided to APs as per the

EM and the regulatory framework prior to handing over the site for civil

works

Vulnerable persons/households affected by the subproject are assisted

to obtain their due compensation and R&R assistance

Complaints/grievances related to land acquisition and payment of

compensation resolved to the satisfaction of APs

Restoration work of the

affected structures completed

Affected auxiliary structures of the private households and public

institutions restored

Vulnerable persons/households affected by the subproject are assisted to

restore their damaged structures

The affected Kovil is reconstructed and handed over to its trustees

The fishery storage room is reconstructed and handed over to the

Pradeshiya Sabha

The bicycle repair workshop affected by the subproject is relocated

All utility services restored and services are provided without any

interruption

Outcome

Grievances are redressed Grievances related to land acquisition, payment of compensation and

restoration of affected structures are fully resolved

Affected livelihoods are

restored

The bicycle repair workshop operator reestablishes his business and

incomes

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APs who lost their paddy lands deposit their compensation money in

banks and, receive interest income to offset their lost incomes from

paddy

APs who lost their valuable trees grow new plants provided by the

project

Safeguards are managed

effectively during subproject

construction work

Contractor implements and complies with the SIMP

Construction related grievances/complaints are addressed timely and

efficiently

Immediate action is taken against non-compliance issues

Impacts

Improved travel convenience

Travel convenience and connectivity for commuters on AB 21 road

increased

Both travel costs and vehicle maintenance costs of travelers reduced

Transport facilities on AB 21 road increased

Children and employees reach their schools and work places in time

Flooding of roads during rainy season prevented

Increased contribution to economic development of the region

Access to markets for fishermen and farmers increased

Spoilage of fish and farm produce reduced due to increased travel

convenience

Fish and farm produce supplies to markets are regular and stable

Crop damages due to floods reduced

Incomes of fishermen and farmers have increased

10.2 EXTERNAL MONITORING

136. In parallel to internal monitoring, SCDP’s Independent External Monitor will review and

evaluate the social safeguards management in the AB21 road project and its compliance with

the safeguards policies of WB and the government. Independent evaluations will be done twice

a year until the completion of the civil works of AB21 road and resettlement activities spelled

out in the RAP are completed. The External Monitor will focus on the following:

I. Reviewing and monitoring of the overall implementation progress and

performance of the AB21 RAP including timely payment of compensation,

grievance redress and mitigating adverse impacts arising from construction work

II. Determining the level of compliance of the implementation of RAP with the

policies of the Bank and the GOSL as defined in SCDP’s Resettlement Policy

Framework, and to recommend corrective actions to improve implementation,

as required.

III. Assessing the overall adequacy and the effectiveness of the safeguard measures

adopted to restore and improve the livelihoods, living standards and overall

wellbeing of the affected persons, households and communities and provide

recommendations on additional measures required.

135. The External Monitor will provide regular reports to the SCDP with copies to the Bank on

overall management of resettlement implementation progress and performance.

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Annexures

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ANNEX 1: INVENTORY OF LOSSES

1. Inventory of Losses- Private Parties

No

Lot

No

DS

Div

isio

n

Pre

sen

t La

nd

Use

Nam

e o

f A

Ps

Ow

ne

rsh

ip

Impact

Land (Extent) Main

structure Auxiliary Structures Trees Crops

Ha

Pe

rch

es

Re

sid

en

tial

Co

mm

erc

ial

Fen

ce

Len

gth

(m

)

Bo

un

dar

y W

all

Len

gth

(m

)

No

. of

Gat

e

Toile

t P

it

Pal

myr

ah

Co

con

ut

Ne

em

Ku

bu

k

Pad

dy

Seas

on

al c

rop

s

1 Z Sankanai Paddy Field A.Parameshwary Private 0.0044 1.7 1.7

2 HZ Sankanai Paddy Field A.Selvaretnam Private 0.0049 1.9 1.9

3 X Sankanai Paddy Field A.Kugaraja Private 0.016 6.3 6.3

4 Y Sandilipai Paddy Field A.Mahanarajan Private 0.0155 6.1 6.1

5 FH+FL Sankanai Residential A.Jeyaratnam Private 0.0012 0.5 1 7 1

6 GN1 Sankanai Residential A.Sriloganathan Private 0.0004 0.2 TSF 2

7 HD+HD1 Sankanai Business A.Velauthar Private 0.0087 3.4 2

8 GE Sankanai Residential Ariyaretnam Private 0.0039 1.5 1 20 2

9 N Sandilipai Paddy Field A.Ponnusamy Private 0.0077 3 3

10 DU Sankanai Paddy Field Arunthavanathan Private 0.0042 1.7 1.7

11 EG Sankanai Residential A.Anparasi Private 0.0013 0.5 1 13

12 CP+CR+CT Sankanai Paddy Field B. Sivapalan Private 0.0164 6.5 6.5

13 BB Sankanai Paddy Field B.Pathmarasa Private 0.0148 5.8 5.8

14 AF+AQ Sandilipai Bare Land B.Suresh Private 0.0164 6.5 0.1

15 BY Sankanai Paddy Field B.Uthajenthiran Private 0.0142 5.6 5.6

16 L Sandilipai Paddy Field Dr.Kanesalingam Private 0.0102 4 4

17 GM Sankanai Residential G.Varatharasan Private 0.0005 0.2 TSF 10 1

18 BT Sankanai Paddy Field G.Karunanithy Private 0.0054 2.1 2.1

19 AF1 Sandilipai Paddy Field H.M.G.Riyaz Private 0.0058 2.3 2.3

20 FM Sankanai Residential I.Somasuntharam Private 0.0042 1.6 1 13 2

21 EW Sankanai Residential Jayanantham Private 0.0055 2.2 1 43 2

22 CN Sankanai Paddy Field K.Arunthavapalan Private 0.0068 2.7 2.7

23 DF Sankanai Paddy Field K.Nalasekaram Private 0.0134 5.3 5.3

24 AD Sankanai Paddy Field K.Puvaneshwaran Private 0.0046 1.8 1.8

25 HY Sankanai Paddy Field K.Ranjithakumar Private 0.0198 7.8 2 7.8

26 Q+Q1 Sankanai Residential K.Shanmugalingam Private 0.0077 3

27 DS Sankanai Paddy Field K.Jegan Private 0.0051 2 2

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No

Lot

No

DS

Div

isio

n

Pre

sen

t La

nd

Use

Nam

e o

f A

Ps

Ow

ne

rsh

ip

Impact

Land (Extent) Main

structure Auxiliary Structures Trees Crops

Ha

Pe

rch

es

Re

sid

en

tial

Co

mm

erc

ial

Fen

ce

Len

gth

(m

)

Bo

un

dar

y W

all

Len

gth

(m

)

No

. of

Gat

e

Toile

t P

it

Pal

myr

ah

Co

con

ut

Ne

em

Ku

bu

k

Pad

dy

Seas

on

al c

rop

s

28 EL Sankanai Residential Kanagarasa Private 0.0042 1.6 LF 5 1 5 1

29 Y+AT Sankanai Paddy Field K.Jeyathas Private 0.0261 10.3 10.3

30 GN Sankanai Residential K.Mathanakaran Private 0.0004 0.2 TSF 7 2

31 GB Sankanai Residential K.Pavanenthiraraasa Private 0.0019 0.7 TSF 13 1

32 GS Sankanai Residential K.Pathmanathan Private 0.002 0.8 1 13 1

33 DY Sankanai Paddy Field K.Viknesh Private 0.0068 2.7 2.7

34 EX+EZ Sankanai Residential K.Jeyaratnam Private 0.0013 0.5 1 17

35 FE Sankanai Residential K.Vilvanathan Private 0.0023 0.9 1 29 2 2

36 CS+DK Sankanai Paddy Field K.Jeevananthan Private 0.0102 4.1 4.1

37 HU Sankanai Paddy Field M.Jayakumar Private 0.0218 8.6 8.6

38 HX Sankanai Paddy Field M.Palzani Private 0.0224 8.8 8.8

39 HK Sankanai Residential M.Rasapakiyam Private 0.002 0.8 LF 17 1

40 P Sankanai Residential M.Shanmuganathan Private 0.0067 2.6

41 DB Sankanai Paddy Field M.Sritharan Private 0.0026 1 1

42 FW Sankanai Residential M.Srivaratharasa Private 0.0045 1.8 TSF 15 1 2

43 AW+AY+BV2+BV3

Sankanai Business M.Jatheeskumar Private 0.0518 20.5 LF 30 1 16.8

44 DD+DE Sankanai Paddy Field M.Singi Private 0.0175 6.9 6.9

45 FQ2 Sankanai Residential M.Sivapakkiyam Private 0.0015 0.6 1

46 V Sankanai Paddy Field M.Sithamparanathan Private 0.0331 13.1 13.1

47 H Sandilipai Paddy Field M.Masilamani Private 0.0029 1.1 1.1

48 GX1 Sankanai Residential M.Maheswary Private 0.0042 1.7 TSF 23

49 DC Sankanai Paddy Field N.Silvakumar Private 0.0097 3.8 3.8

50 CY Sankanai Paddy Field N.Thayaparan Private 0.0056 2.2 2.2

51 GF Sankanai Residential N.Pathmanathan Private 0.0038 1.5 LF 20 1

52 AH Sankanai Paddy Field N.Jeyanthinathan Private 0.0029 1.1 1.1

53 FY Sankanai Residential N.Kalaiyarasan Private 0.0022 0.9

54 AC Sandilipai Paddy Field N.Nithiyananthan Private 0.0069 2.7 2.7

55 HC+HW Sankanai Residential N.Thirukumar Private 0.0073 2.8 TSF 40 1.1

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No

Lot

No

DS

Div

isio

n

Pre

sen

t La

nd

Use

Nam

e o

f A

Ps

Ow

ne

rsh

ip

Impact

Land (Extent) Main

structure Auxiliary Structures Trees Crops

Ha

Pe

rch

es

Re

sid

en

tial

Co

mm

erc

ial

Fen

ce

Len

gth

(m

)

Bo

un

dar

y W

all

Len

gth

(m

)

No

. of

Gat

e

Toile

t P

it

Pal

myr

ah

Co

con

ut

Ne

em

Ku

bu

k

Pad

dy

Seas

on

al c

rop

s

56 FZ Sankanai Residential N.Nadanashanmuganathan Private 0.0019 0.7 TSF 13 1

57 AA+AB Sandilipai Paddy Field N.Nallaiah Private 0.0164 6.5 6.5

58 AC Sankanai Paddy Field N.Rasakanthan Private 0.0036 1.4 1.4

59 GY Sankanai Residential N.Somaskanthasharma Private 0.0045 1.8 TSF 30

60 W Sandilipai Paddy Field N.Amuthan Private 0.0018 0.7 0.7

61 AP Sandilipai Bare land N.Teacher Private 0.0005 0.2

62 CK Sankanai Paddy Field N.Makathevan Private 0.0003 0.1 0.1

63 BU Sankanai Residential N.Sivanesan Private 0.0046 1.8 1 23

64 C Sankanai Bare Land N.Ananthasitherasenan Private 0.0309 12.2

65 AG Sankanai Paddy Field P.Parameswary Private 0.0018 0.7 0.7

66 AA Sankanai Paddy Field P.Sivanathan Private 0.001 0.4 0.4

67 FJ Sankanai Residential P.Karunananthan Private 0.0038 1.5 1 27 2 2

68 FQ Sankanai Residential P.Paranitharan Private 0.0059 2.3 1 17 2

69 GA Sankanai Residential P.Bavanantham Private 0.0024 0.9 TSF 30 1 1 1

70 BD Sankanai Paddy Field Parameswary Private 0.0165 6.5 6.5

71 AJ+BP Sankanai Paddy Field P.Sritharan Private 0.0258 10.2 10.2

72 GG Sankanai Residential P.Navarasa Private 0.0063 2.5 LF 33 1 2

73 V Sandilipai Paddy Field P.Somasuntharam Private 0.0037 1.5 1.5

74 EA Sankanai Paddy Field R.Sarosadevi Private 0.014 5.5 5.5

75 EF+EP1 Sankanai Residential R.P.Devasagayam Private 0.006 2.4 2 26 1

76 BS Sankanai Paddy Field R.Sumathy Private 0.0067 2.6 2.6

77 HG1 Sankanai Residential R.Parameswaran Private 0.0088 3.5 TSF 40 1 1

78 ER Sankanai Residential S.Deivanayagam Private 0.0023 0.9 LF 23

79 HJ Sankanai Residential S.Raniyammah Private 0.0025 1 LF 17

80 R+R1 Sankanai Paddy Field S.Santhakumar Private 0.0272 10.7 10.7

81 HR Sankanai Bare Land S.Sundralingam Private 0.0236 9.3

82 GU Sankanai Residential S.Aravinthan Private 0.0043 1.7 TSF

83 HQ Sankanai Paddy Field S.Balasubramaniyasivam Private 0.0042 1.7 1.7

84 HE Sankanai Residential S.Padmadevi Private 0.0007 0.3 TSF 13

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No

Lot

No

DS

Div

isio

n

Pre

sen

t La

nd

Use

Nam

e o

f A

Ps

Ow

ne

rsh

ip

Impact

Land (Extent) Main

structure Auxiliary Structures Trees Crops

Ha

Pe

rch

es

Re

sid

en

tial

Co

mm

erc

ial

Fen

ce

Len

gth

(m

)

Bo

un

dar

y W

all

Len

gth

(m

)

No

. of

Gat

e

Toile

t P

it

Pal

myr

ah

Co

con

ut

Ne

em

Ku

bu

k

Pad

dy

Seas

on

al c

rop

s

85 CB Sankanai Paddy Field S.Sasitharan Private 0.0012 0.5 0.5

86 FP Sankanai Residential S.Sivarasa Private 0.0066 2.6 LF 17 1 1

87 BG Sankanai Paddy Field S.Satkunarasa Private 0.02 7.9 7.9

88 EQ Sankanai Residential S.Jamela Private 0.0013 0.5 TSF 13

89 EC Sankanai Residential S.Thangasothy Private 0.0047 1.9 LF 33

90 FR Sankanai Residential S.Suganthamalar Private 0.0022 0.9 1 20 2

91 HP Sankanai Residential S.Navaretnam Private 0.001 0.4 TSF 33 3

92 GQ Sankanai Residential S.Jegathas Private 0.0042 1.7 TSF 23

93 FD Sankanai Residential S.Kanagamma Private 0.001 0.4 1 17 2

94 FV+FS Sankanai Residential S.Paramasivampilai Private 0.006 2.3 1 20 1 1

95 EP2 Sankanai Residential S.Ayansakumar Private 0.0016 0.6 TSF 17 2

96 AM+AU Sankanai Paddy Field S.Kuganesan Private 0.0292 11.6 11.6

97 BR+BR1 Sankanai Paddy Field S.Sivakumaran Private 0.0129 5.1 5.1

98 J Sandilipai Paddy Field S.Thayananthan Private 0.0071 2.8 2.8

99 B Sankanai Residential S.Sukanthan Private 0.0083 3.3 LF 33

100 AC1 Sandilipai Paddy Field S.Sellaiah Private 0.0046 1.8 1.8

101 GK Sankanai Residential S.Rasathgurai, S.Krishnaveni & Rangan

Private 0.0086 3.4

102 HG Sankanai Residential S.Kamalanathan Private 0.0024 0.9 TSF 23 1

103 BC Sankanai Paddy Field S.Oankaravadivel Private 0.0168 6.6 6.6

104 EK Sankanai Residential S.Arumugam Private 0.0075 2.9 TSF 33 1

105 DP Sankanai Paddy Field S.Krishnaveni Private 0.0046 1.8 1.8

106 AR+BA Sankanai Paddy Field Sivaganachchelvam Private 0.0227 9.0 9

107 GJ Sankanai Residential S.Retneswary Private 0.003 1.2 TSF 17 1

108 AF Sankanai Paddy Field S.Thayalan Private 0.0119 4.7 4.7

109 GD1 Sankanai Residential S.Nadanashanmuganathan Private 0.001 0.4 TSF 13

110 BW1 Sankanai Paddy Field S.Chanthiravathana Private 0.0025 1 1

111 FA+FB Sankanai Residential S.Nageswary Private 0.0014 0.5 2 19 1 1

112 GD Sankanai Residential S.Kanakampikaiamma Private 0.0022 0.9 TSF 33 1

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No

Lot

No

DS

Div

isio

n

Pre

sen

t La

nd

Use

Nam

e o

f A

Ps

Ow

ne

rsh

ip

Impact

Land (Extent) Main

structure Auxiliary Structures Trees Crops

Ha

Pe

rch

es

Re

sid

en

tial

Co

mm

erc

ial

Fen

ce

Len

gth

(m

)

Bo

un

dar

y W

all

Len

gth

(m

)

No

. of

Gat

e

Toile

t P

it

Pal

myr

ah

Co

con

ut

Ne

em

Ku

bu

k

Pad

dy

Seas

on

al c

rop

s

113 HB+GZ Sankanai Residential Somaskanthasharma Private 0.0166 6.5 TSF 30 1

114 AL Sankanai Paddy Field S.Balasingam Private 0.0129 5.1 5.1

115 BV4 Sankanai Residential S.K.Rajeswary Private 0.0021 0.8 TSF 33

116 DQ Sankanai Paddy Field Srivajan Private 0.0044 1.7 1.7

117 FX Sankanai Residential Srivaratharasa Private 0.0015 0.6 TSF 10

118 S Sandilipai Paddy Field S.Kalaichelvi Private 0.0016 0.6 0.6

119 GT Sankanai Residential S.Visvaretnam Private 0.0029 1.1 LF 17 1 1

120 DL Sankanai Paddy Field S.Vishvaratnam Private 0.0076 3 3

121 CZ Sankanai Paddy Field T.Chandravathani Private 0.0072 2.8 2.8

122 DG Sankanai Paddy Field T.Mahendram Private 0.0043 1.7 1.7

123 HT Sankanai Paddy Field T.Yogeswaran Private 0.0216 8.5 8.5

124 BZ Sankanai Paddy Field T.Theivamanoharan Private 0.0042 1.7 1.7

125 AM Sandilipai Residential Telco Hotel Private 0.0009 0.4

126 W Sankanai Paddy Field T.Mayuran Private 0.0111 4.4 4.4

127 HM1 Sankanai Paddy Field T.Yogeswaran Private 0.0073 2.9 2.9

128 CF Sankanai Paddy Field T.Arumugam Private 0.0246 9.7 9.7

129 GC Sankanai Business T.Kuganesachelvi Private 0.0024 0.9 TSF 17 1

130 FN Sankanai Residential T.Sarachchuthan Private 0.0019 0.7 1 13

131 Q Sandilipai Paddy Field T.Ranjithavavathani Private 0.0056 2.2 2.2

132 HC2 Sankanai Residential T.Anitha Private 0.0003 0.1 TSF 30

133 GP Sankanai Residential T.Viknajeyam Private 0.0016 0.6 TSF 17 2

134 CX+DA Sankanai Paddy Field Thirugnam Private 0.0022 0.8 0.8

135 AZ Sankanai Paddy Field Thirunavukkarasu Private 0.0127 5 5

136 AB1 Sandilipai Paddy Field T.Suntharalingam Private 0.0067 2.6 2.6

137 DH Sankanai Paddy Field U.Parameswaran Private 0.0064 2.5 2.5

138 CU Sankanai Paddy Field V.Balaraman Private 0.0031 1.2 1.2

139 HS Sankanai Paddy Field V.Chandran Private 0.0057 2.2 2.2

140 FF Sankanai Residential V.Rasathurai Private 0.0013 0.5 1 13

141 S Sankanai Bare Land V.Selvarasa Private 0.0009 0.4

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No

Lot

No

DS

Div

isio

n

Pre

sen

t La

nd

Use

Nam

e o

f A

Ps

Ow

ne

rsh

ip

Impact

Land (Extent) Main

structure Auxiliary Structures Trees Crops

Ha

Pe

rch

es

Re

sid

en

tial

Co

mm

erc

ial

Fen

ce

Len

gth

(m

)

Bo

un

dar

y W

all

Len

gth

(m

)

No

. of

Gat

e

Toile

t P

it

Pal

myr

ah

Co

con

ut

Ne

em

Ku

bu

k

Pad

dy

Seas

on

al c

rop

s

142 AN Sankanai Paddy Field V.Senthilkumaran Private 0.0031 1.2 1.2

143 GH Sankanai Residential V.Thirunavukkarasu Private 0.0022 0.9 LF 13 2

144 FG Sankanai Residential V.Sellaiah Private 0.0014 0.5 LF &Part of well

17 1

145 AV+AS Sankanai Paddy Field V.Kunaratnam Private 0.006 2.3 2.3

146 BH Sankanai Paddy Field V.Srikantha Private 0.0225 8.9 8.9

147 AB Sankanai Paddy Field V.Siventhiran Private 0.0123 4.8 4.8

148 G Sandilipai Paddy Field V.Sooriyakumaran Private 0.0068 2.7 2.7

149 FT1 Sankanai Residential V.Thavamani Private 0.0003 0.1 1 5

150 AX Sankanai Paddy Field V.Mahadevan Private 0.01 3.9 3.9

151 HH Sankanai Residential V.Rasaretnam Private 0.0027 1.1

152 K Sandilipai Paddy Field V.Selvarasa Private 0.0038 1.5 1.5

153 GE1 Sankanai Residential V.Srikugan Private 0.0008 0.3

154 AK Sankanai Paddy Field Eng.Veluppillai Private 0.0229 9 9

155 BQ+CC Sankanai Paddy Field V.Kanesaratnam Private 0.0309 12.2 12.2

156 BN Sankanai Paddy Field V.Manokaran Private 0.022 8.7 8.7

157 Z Sandilipai Paddy Field V.Master Private 0.0093 3.7 3.7

158 HL Sankanai Residential V.Nagenthiram Private 0.0003 0.1 LF 7

159 FT Sankanai Residential V.Rasenthirn Private 0.006 2.4 TSF 20 1

160 FU Sankanai Residential V.Sangaralingam Private 0.0073 2.9 TSF 10 1 1

161 AD Sandilipai Paddy Field V.Vithiyananthan Private 0.0142 5.6 5.6

162 HF Sankanai Residential V.Suseenthiran Private 0.0057 2.2 TSF 27 1

163 FK Sankanai Residential Y.Thavachelvam Private 0.0015 0.6 1 10 3

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2. Inventory of losses of Religious Intuitions N

o

Lot

No

DS

Div

isio

n

Pre

sen

t La

nd

Use

Nam

e o

f A

Ps

Ow

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ip

Impact

Land (Extent) Main

structure Auxiliary Structures Trees Crops

Ha

Pe

rch

es

Re

sid

en

tia

l

Co

mm

er

cial

Fen

ce

Len

gth

(m

)

Bo

un

dar

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all

Len

gth

(m)

No

. of

Gat

e

Toile

t P

it

Pal

myr

a

h

Co

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Ku

bu

k

Pad

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Seas

on

al

cro

ps

1 BK Sankanai Paddy Land Aththiyadi Pillayar Kovil Kovil 0.0125 4.9 4.9

2 BM Sankanai Paddy Land Aththiyadi Pillayar Kovil Kovil 0.0135 5.3 5.3

3 CG Sankanai Paddy Land Sithamparam Kovil Kovil 0.0005 0.2 0.2

4 DJ Sankanai Paddy Land Sithamparam Kovil Kovil 0.0148 5.8 5.8

5 DM Sankanai Paddy Land Sithamparam Kovil Kovil 0.0091 3.6 3.6

6 DN Sankanai Paddy Land Sithamparam Kovil Kovil 0.0089 3.5 3.5

7 DR Sankanai Paddy Land Sithamparam Kovil Kovil 0.0117 4.6 4.6

8 DT Sankanai Paddy Land Sithamparam Kovil Kovil 0.0116 4.6 4.6

9 DV Sankanai Paddy Land Sithamparam Kovil Kovil 0.0106 4.2 4.2

10 DW Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0072 2.8 2.8

11 DX Sankanai Paddy Land Sithamparam Kovil Kovil 0.0074 2.9 2.9

12 DZ Sankanai Paddy Land Sithamparam Kovil Kovil 0.008 3.2 3.2

13 EB Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0045 1.8 1.8

14 ED Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0061 2.4 2.4

15 EE Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0094 3.7 3.7

16 EH Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0102 4 4

17 EJ Sankanai Paddy Land Vannai Sivan Kovil Kovil 0.0088 3.5 3.5

18 EM Sankanai High land Vannai Sivan Kovil Kovil 0.001 0.4 LF 17 1

19 EN Sankanai High land Vannai Sivan Kovil Kovil 0.0028 1.1 LF 17 1

20 ES Sankanai High land Vannai Sivan Kovil Kovil 0.0039 1.54 LF 23 1

21 ET Sankanai High land Vannai Sivan Kovil Kovil 0.0024 0.9 LF 53 1

22 EU Sankanai High land Vannai Sivan Kovil Kovil 0.0011 0.4 LF 17

23 EV Sankanai High land Vannai Sivan Kovil Kovil 0.0012 0.5 LF 23

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24 AG Sandilipai Kovil Muthu Mari Amman Kovil Kovil 0.0051 2

25 AJ Sandilipai Kovil Sri Naraimar Kovil Kakkaitivu

Kovil 0.0025 0.99 Kovil*

26 CJ Sankanai High land CSI Church Church 0.013 5.1 LF 50

27 CL Sankanai Paddy Field CSI Church Church 0.0079 3.1 3.1

28 CW Sankanai Paddy Field CSI Church Church 0.0005 0.2 0.2

29 GV Sankanai High land Christian Mission Araly Church 0.0051 2 1 30 2

30 GW Sankanai Church Christian Mission Araly Church 0.0033 1.3 1 33

31 AL Sandilipai High land Aadaikala Matha Church Church 0.0012 0.5

32 AL 1

Sandilipai High land CSI Church Church 0.0508 20.1

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ANNEX 2 LETTER FROM GA ON LAND MINES CLEARANCE

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ANNEX 3: SOCIAL IMPACTS MITIGATION PLAN

No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

01 Disturbed Access

Access to Schools, Business places, Banks and any of the Government and Private Institutions may be constrained and cause inconvenience during construction period.

• Provide sign boards for pedestrians to inform nature and duration of construction works

• Construction sites Contractor During

Construction

• Display contact details of client, contractor and the supervision consultant for public to lodge their complaints/concerns

• At all GN offices, Kakkaitivu Fish Market, Jaffna College Junction, Karainagar Junction

SCDP & Contractor

• Improve temporary access for paddy fields

Vannankulam Pilliyar Kovil (Ch 2+000 to 2+020)

• Nawanthurai Public Market (Ch.2+420 to 2+500),

• Fish Market in Kakkaitivu (Ch.3+940 to 4+080),

• Kakkaitivu Sri Narasinger Kovil (Ch.4+020 to 4+040)

• GN office Araly North

• Paddy fields in the construction area especially during the planting and harvesting seasons

Contractor

During Construction. Sowing (October/November) and harvesting (February/Mach) seasons

• Provide alternate locations for temporary bus halts during re-construction of existing bus halts.

Construction sites -Do- -Do-

• Encourage construction work during the night time to avoid public inconvenience.

Construction sites -Do- -Do-

02 Shifting of Common and Private Utilities

Shifting of Common and Private Utility Services

• If work involves replacement/ relocation of common utility services, prepare an inventory of common utility services anticipated to be shifted, with the assistance of respective service provider agencies.

Construction sites SCDP Project Planning

Stage

• For utility services identified to be relocated, prepare relocation plans in consultation with service providers.

-Do- SCDP Designing stage

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No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• Liaise with NWS&DB, CEB and SLT, and obtain existing utility layout plans and the proposed alternate relocation layouts.

-Do- SCDP -Do-

• Contractor’s site staff and machine operators be made aware of the above layouts to avoid accidental damages to utility lines, during construction.

-Do- Contractor -Do-

• Arrange with relevant service providers, a system to get immediate corrective action in case of any accidental damages to utility services.

When needed Do -Do-

• Ensure payment of compensation for unexpected structural damages resulting from construction activities, through Third Party Insurance Coverage.

Construction sites Do Before start the

construction

• Any public or private buildings/structures damaged due to construction activities (including vibration), shall be repaired/ rehabilitated to its original state.

-Do- Do During

construction

03 • LLocation of Construction Camps, Labor Camps, Stock Yards

If construction camps, labor camps, stock yards, vehicle refueling areas etc. are located near natural hazard prone areas and highly residential areas, such areas may be adversely affected.

• Care shall be taken not to disturb natural hazard prone areas and to avoid highly residential areas when selecting sites to locate construction camps, labor camps, stock yards, vehicle refueling areas etc.

Camps/ Work Yards Do During

construction

• Locations selected for such temporary facilities shall be approved by the authorized persons of subproject Supervision Consultant/ Employer. The selected lands should be hired under legal agreement between contractor and the rentier.

Camps/ Work Yards

Contractor &

Supervision

Consultant

During construction

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No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• The land used for stock yards and labor camps

should be restored to their original/better condition before handing over them to the landowner

Camps/ Work Yards Contractor After civil works

04 Managing the Risk of Adverse Impacts on Communities from Project Induced Labor Influx and Gender based Issues of Workers

Absence of enough sanitary facility for women workers, use of child labor, wage disparity, entitlement of leave, lack of awareness among workers, encouraging local community for works. The risks of adverse impacts on communities from temporary project induced labor influx E.g: sexually transmitted diseases

• Make the Contractors aware of advantages in giving priority to selecting labor from project influenced areas so as to minimize need for erecting labor camps and minimize labor influx.

N/A SCDP & Contractor During

construction

• Frequent supervision of laborers’ activities, labor welfare needs, and action to ensure hygienic conditions in the work sites/ camps

Camps/ Work Yards Contractor During

construction

• Avoid illegal lodging arrangements by workers of contractors

Project influence area Do

-Do-

• Avoid social conflicts among contactor’s labor force and the surrounding community or tension and prevalence of gender-based violence by enhancing awareness on GBV and law enforcement.

-Do- -Do- -Do-

• Conduct awareness programs for the labor force on good hygienic practices and risks of sexually transmitted diseases such as HIV/AIDS.

Camps/ Yards/ Construction area SCDP & Contractor

-Do-

• Conduct public awareness programs for the surrounding communities on Gender Based Violence (GBV), good hygienic practices and dangers of sexually transmitted diseases such as HIV/AIDS.

Project influence area SCDP -Do-

• Introduce a code of conduct for labor teams to prevent alcohol and drug abuse, violence, sexual

Camps/ Yards/ Construction sites Contractor -Do-

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No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

abuse etc.

• Continue consultation and interaction with host community

Project influence area -Do- -Do-

• Prepare an inventory (including names/ National ID numbers/ addresses etc.) of entire labor force employed by contractor, and share with Employer’s PIU. This inventory shall be updated at each recruitment or resignation of labours.

N/A -Do- -Do-

• Establish a clear recruitment procedure for workers to avoid ad-hoc recruitments. Contractor should sign agreements on conditions and rights of each labourer before recruitment

N/A -Do-

-Do-

• Provide water and sanitation facilities for employees/laborers as per IFC 2009 standards (1 toilet/15 persons) and separate facilities for men and women.

Camps/ Yards/ Construction sites Do -Do-

• Provide a source of potable water and clean eating place for workers, at a location not exposed to hazardous or noxious substances

-Do- -Do- -Do-

• Equal participation of women for the work shall be encouraged and ensure wage parity during the implementation of the project according to the policy of Sri Lankan Government sector recruitment; women are given equal pay for work of equal value. (This will be included in the contractual agreements)

-Do- -Do- -Do-

• Prevent employing children below 16 years of age and, young adolescents in the age group of 16 and 18 years and women in the dangerous jobs such as mining, excavation, operating heavy vehicles & machinery, electric works, blasting & explosive works.

-Do- -Do- -Do-

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No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• Entitlement of leave for workers according the Shop and Office Employees (Regulation of Employment and Remuneration) Act shall be maintained.

-Do- -Do- -Do-

• Avoid trafficking of men, women and children for labour work

Camps/ Yards/ Construction sites -Do- -Do-

05 Dust, Noise and Vibration

Dust, Noise and Vibration during construction and construction work at night will cause public inconveniences/ disturbances

Follow guidelines stipulated in the Environmental Management Plan (EMP)

-Do-

06 Parking of Contractor’s vehicles along the Road

Parking of vehicles along the road especially in residential areas.

• Contractor shall rent suitable places for parking vehicles belonging to contractor/ visitors to sites/ Employer’s and Engineer’s staff.

-Do- -Do- -Do-

• Vehicles of Contractor/ Engineer/ Employer shall not be parked along the main roadways which may cause traffic congestions and inconveniences to public.

-Do- -Do- -Do-

• Contractor needs to study and identify times of heavy traffic flow and avoid transportation of construction material and movement of heavy vehicles during such times.

-Do- -Do- -Do-

07 Occupational Health and Safety

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No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

Occupational hazards which can arise from working in subproject

• Develop and implement site-specific Health and Safety (H&S) plan which will include measures such as:

(a) excluding public from the demarcated construction area;

(b) ensuring all workers are provided with and use personal protective equipment (PPE);

(c) provision of H&S training for all site personnel; (d) documented procedures to be followed for all

construction activities; and (e) documentation of work-related accidents (f) Arrange for Safety officers support to implement the

safety related activities.

-Do- -Do- -Do-

• Provide H&S training to all new workers to ensure that they are appraised of the basic rules of work at the site, personal protective protection, and preventing injuries to fellow workers

-Do- -Do- -Do-

• Ensure that a first-aid station is provided within easy access to all and that trained first-aid workers are made available to attend to first-aid needs.

-Do- -Do- -Do-

• Provide medical insurance coverage for all contractor’s workers/ staff

-Do- -Do- -Do-

• Ensure that all construction areas are barricaded to prevent unauthorized persons entry and thereby reduce potential risk of accidents.

-Do- -Do- -Do-

• Provide a source of safe drinking water and clean eating place for workers, at a location not exposed to hazardous or noxious substances.

-Do- -Do- -Do-

• Provide visitors with necessary safety gear if visitors to the site are allowed access to areas where hazardous conditions or substances may be present.

-Do- -Do- -Do-

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No Adverse Social Impacts Mitigation Measures Location/ Place Responsibility Time Frame

• Ensure that visitor/s do not enter hazard areas unescorted by relevant authorized parties in attendance.

-Do- -Do- -Do-

• Ensure moving machinery & equipment is outfitted with audible back-up alarms to avoid accidents.

-Do- -Do- -Do-

• Provide sign boards to mark, hazardous areas such as energized electrical devices and lines, service rooms housing high voltage equipment, and areas for storage and disposal of hazardous substances.

-Do- -Do- -Do-

• Such signage shall be in accordance with international standards and be well known and easily understood by workers, visitors, and the general public

-Do- -Do- -Do-

08 Handling complains from community

Pedestrians, vehicle users, residential & commercial community and workers of construction site must be able to make complains regarding any inconveniences due to construction works.

• Maintain a complaint registry with a focal point (either a person or complaint box) at the construction site office and the office of the GN to receive and lodge the grievances of workers and the host community

GN offices/ Site office -Do- -Do-

• Collaborate with PIU’s social staff to address the grievances reported by workers and community

N/A -Do- -Do-

• Report to SCDP- PIU on unresolved grievances together with contractor’s observations

N/A -Do- -Do-

• Participate in the Grievance Redress Committee meetings twice a month or as and when needed

N/A N/A -Do-

• Maintain and share the records of grievances with Employer’s PIU on a regular basis.

-Do- -Do- -Do-

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ANNEX 4: LETTER OF CONSENT FOR SHIFTING KAKKAITIVU NARASIMAR KOVIL

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ANNEX 5: LIST OF PARTICIPANTS AT CONSULTATIONS

1. List of stakeholders participated at consultations

SN Name Gender Position Institute

1 N.Vethanayakan Male District Secretary District Secretariat- Jaffna

2 S.Muralitharan Male Additional Government

Agent (Land)

District Secretariat- Jaffna

3 K.S.Sivapatham Male Additional Project Director SCDP-PIU, Jaffna

4 M.Thuraisamy Male Consultant(Jaffna-Road) SCDP-PMU

5 H.M.K.G.G.Bandara, Male Consultant(Transport) SCDP-PMU

6 S.Gunasekara Male APD(Social) SCDP-PMU

7 S.Mayuran, , Male Assistant project

Director(Road)

SCDP, Jaffna

8 T.Jegan, Male Engineer SCDP- Jaffna

9 A.Amutharaj, Male Consultant SCDP

10 T.Krishnaraj, Male Social Officer SCDP

11 G.J.N.Cross, , Male Provincial Director RDA

12 V.Suthakar, , Male Chief Engineer RDA

13 P.Sivananthan, Male Snr.Supdt.of Surveys, Survey Department

14 Kavitha Jeevagan, , Female Deputy Director UDA

15 R.Rajeswaran, Male SAE, SLT, Jaffna

16 T.Nanthakumara, Male Engineer, SLT, Jaffna

17 N.Sivakaran, Male Development Officer-

Land

Chankanai Divisional Secretariat.

18 B.Shanmugam, Male Area Maintenance

Engineer,

CEB

19 K.Lingaruban, Male Chief Engineer-

Construction,

CEB

20 A.Arulnathan, Male ES/J-C1), CEB

21 T.Suthakaran, Male ES-Construction, CEB

22 K.Kokulan, Male ADO, Sanilipai

23 R.S.Sugantharaj, Male ADO, Tholpuram

24 P.Nirooban, Male Grama Niladari, J/136- Navaly North

25 A.Nishanthan Male Grama Niladari, J/133- Anaikoddai

26 N.Sivaruban, Male Grama Niladari J/163-Araly East, J/166- Vaddu South West

27 Y.SIvasarmini, Female Grama Niladari J/165- Vaddu South

28 Mrs.B.Niththiya, Female Grama Niladari J/161- Araly Center

29 Mrs.Ranjitha Richard, Female Grama Niladari J/164- Araly North

30 Mrs.V.S.Asogaratnam, Male Grama Niladari J/160- Araly West

31 R.Sriranjan, Male Grama Niladari J/171- Moolai

32 T.Niththiyanathan, Male Grama Niladari J/135- Nawaly East

33 H.Senthan Male Grama Niladari J/81-

34 A.Sarveswaran Male Grama Niladari J/84-Navanthurai South , J/85- Navanthurai

North

35 Mrs.Gobigashalini.J, Female Grama Niladari J/83- Kadday

36 S.Malathy, Female Chief Engineer, JKWSP National Water Supply And Drainage Board

37 I.Balakumary, , NWSDB Female Sociologist, JKWSP National Water Supply And Drainage Board

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38 M.Mathavan, Male Project Engineer - JKWSP, National Water Supply And Drainage Board

39 S.Parththuran, Male Environment officer ,

Jaffna Kilinochchi Water

Supply Project

National Water Supply And Drainage Board

40 P.Thayananth Male Divisional Secretary Jaffna

41 A.Indika prasath, Male Acting Officer in Charge Vaddukkoddai Police Station

42 U.Yasotha, Female Divisional Secretary Sandilipai Divisional Secretariat

43 M.Sivananthan, , Male Senior Technical Officer Vali West Pradesha Sabha

44 S.Mahendraraj, Male Technical Officer Vali west, Pradesha Sabha

45 T.Subaharan, Male Assist- Director Central Environmental Authority

46 N.N.S.Tharsan, , Male Field Officer Arali North

47 K.Iyalingam, Male Field Officer Arali North

48 P.Ananthanadarajah, Male Field Officer Nawali South

49 H.Selvalingam, Male Fisheries Society Savatkadu

50 N.Kanagenthiram, Male Fisheries Society Savatkadu

51 S.Logitha, Female Development Officer (LA) Divisional Secretariat, Jaffna

52 A.Pavatharani, Female CO (LAND), Divisional Secretariat, Jaffna

53 N.Rajeswaran, Male Development Coordinator Divisional Secretariat, Jaffna

54 Dr.S.Mohan, Male Farmers Organization Vaddu, South West, GND

55 M.Yogananthan, Male Farmers Organization Vaddu South West, GND

56 M.Selvaraja,, Male Farmers Organization Navali East, GND

57 N.Mayuran, Male Farmers Organization Arali West, GND

58 S.Jaseetharan, Male Technical officer JMC

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2. Lists of participants at community consultations

No Name Gender

1 S.Thayananthan Male

2 V.Sooriyakumaran Male

3 P.Sri Paalan Male

4 S.Loganayaki Female

5 P.Ananthanadarasa Male

6 Kuppusamy VIjayakumar Male

7 S.Ponrasa Male

8 G.Suresh Male

9 K.Thankavelaayutham Male

10 S.Mohanraj Male

11 V.Sooriyakumaran Male

12 V.Sritharan Male

13 M.Makalinkam Male

14 T.Mahendran Male

15 S.Nageswary Female

16 M.Maheswary Female

17 S.Balarajh Male

18 A.B.Asbury Male

19 S.Navaratnam Male

20 T.Nadesan Male

21 S.Pathmathevi Female

22 V.Rajendram Male

23 V.Sutharsana Female

24 Rev.K.A.Jeyanathan Male

25 K.Inpam Female

26 K.Nirmala Female

27 I.Somasundram Male

28 K.Visvanathan Male

29 Y.SIvanithi Female

30 I.Parameshwaran Male

31 T.Paakkiyarasa Male

32 I.Mahinthan Male

33 K.Ajanthini Female

34 T.Manoharan Male

35 A.Jeyarathnam Male

36 K.Niththiyarathnam Male

37 S.Paramasivan Male

38 S.Ratneswary Female

39 B.Balasanmugathas Male

40 T.Arumumugam Male

41 A.Jeyarathnam Male

42 S.Visivarathnam Male

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43 P.Pavanantham Male

44 K.Mathanakaran Male

45 P.Darkshana Female

46 A.rathnakumara Male

47 S.Radneswary Female

48 S.Jamela Female

49 Y.Sasikala Female

50 I.Kamaleshwary Female

51 T.Komathi Female

52 S.Snthirathevi Female

53 N.Lalithathevi Female

54 S.Pathmathevi Female

55 A.THileepan Male

56 K.Kanthaiya Male

57 Rasaiyah Yogeswwary Female

58 S.Santhan Male

59 N.Gobalakrishnan Male

60 S.Thusyanthan Male

61 N.Pathmanathan Male

62 K.Nakula Male

63 S.Yogarasan Male

64 S.Kanthasamy Male

65 S.Thevarasa Male

66 N.Kumaran Male

67 E.Nagenthiram Male

68 N.Anantha Siththirasenan Male

69 S.Siyamini Female

70 E.Puspamalar Female

71 T.Pushparani Female

72 V.Punithavathi Female

73 T.Uruththirathevi Female

74 E.Santhirathevy Female

75 T.Megala Female

76 T.Niththiyakalyani Female

77 S.Mery Jebamalar Female

78 T.Uthayakumary Female

79 M.Parameshwary Female

80 Nirukumar Male

81 S.Srinivasan Male

82 M.Sithamparanathan Male

83 V.Ganesharathnam Male

84 S.Loganthan (represented I.Parameshwary) Male

85 M.Yatheeskumar Male

86 V.Manoraja Male

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87 S.Sivakumaran Male

88 T.Arumuham Male

89 P.Sritharan Male

90 P.Jeyatharsan Male

91 N.Rajakanthan Male

92 A.A.Nisanthan Male

93 G.Gnanalosan Male

94 M.Johnsaxon Male

95 M.Kuganesan Male

96 K.Muhunthan Male

97 M.Sivasuthan Male

98 E.Sri Male

99 N.Kanagendram Male

100 Indralingam Male

101 K.Kulatheivam Male

102 S.Yogarasa Male

103 Alageswaran Male

104 Sandran Male

105 Suresh Male

106 M.Vijeyakumar Male

107 R.Pratheepan Male

108 T.Manikkam Male

109 N.Kanagendram Male

110 K.Vinayakar Male

111 E.Sivakumaran Male

112 M.Kunalingam Male

113 V.Kengatharan Male

114 S.Namanan Male

115 J.Sureshkumar Male

116 M.Indrathevan Male

117 G.Sasikaran Male

118 K.Arullingam Male

119 T.Ravichandran Male

120 K.Vijayarasa Male

121 P.Kamal Male

122 K.Selvachandran Male

123 J.Ajith Male

124 P.Rameshkumar Male

125 M.Theepan Male

126 K.Vijayakumar Male

127 T.Manikkarasa Male

128 M.Makananthan Male

129 E.Chandran Male

130 K.visuvalingam Male

131 P.Selvan Male

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132 K.Kuganathan Male

133 J.Maryloothu Female

134 K.Vijayalaxmi Female

135 R.Pusparani Female

136 A.Venukathevi Female

137 I.Visaladsi Female

138 T.Vadivalaki Female

139 M.Rathnam Male

140 S.Nadesan Male

141 S.Thayananthan Male

142 K.Kanesan Male

143 V.Sripalan Male

144 V.Sooriyakumaran Male

145 S.Paramasivan Male

146 Balendran Asbury Male

147 N.Kalaiyarasan Male

148 S.Navaratnam Male

149 A.Sivalingam Male

150 S.Vijayaratnam Male

151 S.Paramasivmpillai Male

152 N.Lalithathevi Female

153 S.Jamela Female

154 R.P.Devasahayam Male

155 P.Sivanthy Female

156 Y.Sasikala Female

157 E.Kamaleshwary Female

158 T.Anitha Female

159 K.Nirmala Female

160 A.Komathy Female

161 S.Rathneswary Female

162 P.Karan Male

163 A.Jeyarathnam Male

164 S.Kamalanathan Male

165 S.Thusyanthan Male

166 S.Arumukam Male

167 T.Nithiyananthan Male

168 P.Thaneesh Male

169 P.Vasanthan Male

170 K.Tharani Female

171 M.Johnsan Male

172 R.Jegatheeswary Female

173 R.Gnanalosan Male

174 S.Premini Female

175 Mrs.K.Senthooran Female

176 N.SriKaran Male

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177 T.Jeyananthan Male

178 S.Sathiyatheepan Male

179 R.Sriganeshan Male

180 V.S.Asogaratnam Male

181 R.Ranjitha Female

182 Y.Sivasarmini Female

183 Mrs.B.Nithya Female

184 Mrs.P.Vijeyasri Female

185 Mrs.J.Jalaja Female

186 Mrs.S.Thayalini Female

187 N.Sivaruban Male

188 B.Nadanasanmuhathan Male

189 S.Arumukam Male

190 A.Jeyarathnam Male

191 N.Sivasankar Male

192 E.Jegan Male

193 S.Ponrasa Male

194 V.Sribalan Male

195 V.Sooriya Male

196 P.Ganesh Male

197 R.K.Raveendran Male

198 K.Sanmuhalingam Male

199 S.Loganathan Male

200 S.Satkunarasa Male

201 S.Sriparan Male

202 K.Puvaneshwaran Male

203 P.Ramachandram Male

204 K.Sivarama Male

205 S.Thayalan Male

206 S.N.Thatsanamoorthy Male

207 S.Vathsala Female

208 K.Rajikaran Male

209 N.Mahathevan Male

210 T.Muruhaiyah Male

211 T.Srikanthan Male

212 P.Uthayendran Male

213 P.Sritharan Male

214 S.Sandravathana Male

215 N.Sivaneswaran Male

216 Mrs.K.Thanusha Female

217 S.Chandrathevi Female

218 R.Ythursan Male

219 E.Parameshwaran Male

220 T.Lalithadevi Female

221 K.Ravikumar Male

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222 K.Jeevananthan Male

223 S.Srivajan Male

224 S.Visuvarathnam Male

225 S.Nadesan Male

226 N.Manikkam Male

227 V.Selvarasa Male

228 Rev.Dr.D.S.Solomon Male

229 V.Barath Male

230 K.Loganathan Male

231 N.thangeswaran Male

232 N.Kajith Male

233 K.Nagalingam Male

234 E.Manikandan Male

235 P.Kukanesan Male

236 K.Kaanthan Male

237 K.Pratheesh Male

238 S.Sasikaran Male

239 N.thanusyan Male

240 E.Sureshkumar Male

241 R.Nagaveni Female

242 J.Savariyal Male

243 N.Mattilda Joyce Female

244 A.Rajanayagam Male

245 S.Josep Male

246 M.Sellakkandu Male

247 M.Loorthamma Female

248 M.Gilda Jeevajini Female

249 Thaiyal Nayaki Female

250 N.Pathmarani Female

251 K.Raveendran Male

252 V.Sivajini Female

253 K.Mathumathy Female

254 M.Mariyathas Male

255 A.Subramaniyam Male

256 A.Konchenchiyamma Female

257 A.Amalanayagan Male

258 K.Kirubakaran Male

259 P.E.Atputhanayagam Male

260 P.Kanistan Male

261 N.Kamsan Male

262 S.Anorajh Male

263 J.Nitharsan Male

264 E.Kirujan Male

265 M.Nilaksan Male

266 P.Dilojan Male

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267 S.Danusan Male

268 J.Abisan Male

269 P.thanuyan Male

270 S.Balasingam Male

271 V.Sasikaran Male

272 S.Kanagarasa Male

273 T.Subakaran Male

274 R.Vilsan Male

275 A.S.Palanivel Male

276 S.Thanapalasingam Male

277 N.Pilip Male

278 M.Kaniute Male

279 A.Kamaleshwary Female

280 N.Pathmarani Female

281 T.Chandra Female

282 A.Sooriyakumari Female

283 P.Vinibretmary Female

284 K.Sesiliya Female

285 T.Rajeshwary Female

286 R.Selvi Female

287 M.Loorthamma Female

288 P.Sivakadatsam Male

289 Antonithas Male

290 P.Paththarina Male

291 T.Valarmathy Female

292 N.Meththilda Joice Female

293 N.Inparani Female

294 K.Balarokina Female

295 M.Nadarasa Male

296 S.Annarasa Male

297 T.Thayvathy Female

298 S.Rasathurai Male

299 T.Ramu Male

300 Marisalin mariyathas Female

301 A.loorthnayaki Female

302 P.Nagapoosani Female

303 M.Mathan Male

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3. List of Consultation Sessions Conducted

SN Date Meetings No of

Participants

1 16-01-18 Stakeholders meeting with GA 58

2 17-01-18 Meeting with Sankanai DS 1

3 18-01-18 Meeting with Sankanai GN Officers 1

4 22-01-18 Meeting with Araly North J/164 GN 1

5 02-02-18 Meeting with J/165 GN 1

6 23-02-18 FGD at J/164 13

7 26-02-18 Consultation with FO president 2

8 27-02-18 consultation with Jaffna College Principal & Teachers 9

9 28-02-18 FGD at J/ 166 13

10 28-02-18 Consultation with Ulolasithy Pillayar Kovil Rep Mr. Thiruganasampanthar 2

11 03-03-18 FGD with students 10

12 02-03-18 FGD at J/ 165 3

13 02-03-18 FGD at J/160 12

14 02-03-18 Consultation with Balandara Asbury, CSI Secretary 1

15 02-03-18 Consultation with Nadeshan Thirukumar 1

16 14-03-18 Meeting with ACAD 2

17 16-03-18 FGD at J/161 7

18 16-03-18 Discussion with Vali South West PS Secretary 2

19 20-03-18 FGD at J/135 Navali East 6

20 20-03-18 Discussion with RDA Executive Engineer 1

21 20-03-18 Discussion with RDA Chief Engineer 1

22 23-03-18 FGD with Kakkaitivu fishermen 15

23 23-03-18 Discussion with Kakkaitivu Kovil Rep 3

24 29-03-18 Meeting with ADS Jaffna 2

25 29-03-18 Meeting with Commissioner of JMC 1

26 29-03-18 FGD at Navanthuri 7

27 30-03-18 FGD at Navanthuri 7

28 04-04-18 FGD withNavanthuri vendors 3

29 06-04-18 FGD at J/83, J/84 & J/85 25

30 06-04-18 Meeting with Navanthuri Fisnermen 9

31 02-08-17 Meeting with Fishermen and Vendors of the Kakaitivu Fish Market Area 35

32 02-11-17 Grama Niladari-Navaly East and Navaly South 4

33 02-11-17 Grama Niladari-Anaikottai 8

34 09-05-17 Consultation Meeting with Fishermen and Kovil Committee members of Kakkaithivu Market area

21

35 09-11-17 Grama Niladari-Aral North 16

36 20--2017 Moolaai GN Division 1

37 24-04-17 Meeting with Land Owners along AB21 Road, Sandilippaai DS division 22

38 29-04-17 Consultation Meeting with Land owners at Araly North GN Division 24

39 30-10-17 Grama Niladari Office-Araly North 9

40 30-10-17 Moolaai GN Division 11

41 30-10-17 Araly West, Vaddu South West and Vaddu South GN Divisions 10

Total 380

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ANNEX 6: BROCHURE USED FOR INFORMATION DISCLOSURE

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ANNEX 7: MEDIA NOTIFICATION ABOUT THE REHABILITATION OF AB 21 ROAD SECTION

(Udayan Local Tamil News Paper)

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ANNEX 8: ANNOUNCEMENT NOTIFICATION OF THE CUT-OFF DATE

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ANNEX 9: CHAINAGE WISE LAND ACQUISITION AND IMPACTS

Chainage No of Lots

Tenurial Land Use Extent

(Perches)

Structures

Structure Nos Extent

Left Side

3+480 to 3+740 4 State land Barren 87.93

3+740 to 4+140 2 Pradesha Sabha Fishermen Landing site

39.56 Building 1

4+140 to 08+620 7 State land Barren 684.6

8+620 to 9+900 45 Private Residential and Business

113.42 BW 10 186m

TSF 18 332m

LF 8 184m

9+900 to 11+080 2 Church Paddy 3.32

19 Private Paddy 45.69

3 State Pond 77.1

8 Kovil Paddy 21.62

11+080 to 11+240 2 Private Business 3.71 LF 1 30m

Well 1 part

1 CBO Business 0.91 LF 1 13m

2 Private Residence 2.65 LF 1 33m

BW 1 23m

11+240 to 13+040 36 Private Paddy 169.98

State Barren 86.19 LF 1

13+040 to 13+220 6 Private Residence 10.31

13+220 to 14+500 5 State Barren 337.628

14+500 to 14+600 1 Private Residence 12.21

Right Side

3+480 to 3+740 3 State Barren 39.09

3+740 to 4+040 2 church Barren 20.55

1 Kovil Kovil 0.99

3 Private Barren 0.67

4+540 to 5+980 22 Private Paddy 63.9

1 Kovil Barren 2.02

2 State Barren 292.98

5+980 to 8+320 2 State Barren 158.91

8+320 to 8+420 1 Palmyra Dev. Board

Toddy pub 0.24

8+420 to 8+820 9 Private Paddy 50.15

8+820 to 9+980 3 State Barren 63.59 TSF 14 304m

Toilet pit 1

41 Private Residence 57.58 LF 7 140m

1 church Church Premises 2.02 BW 12 229m

9+980 to 10+700 12 Private Paddy 35.53

7 Kovil Paddy 29.28

10+700 to 10+780 1 church Church Premises 5.14 LF 1 50m

10+780 to 11+400 5 State Barren 155.4

11+400 to 11+720 11 Private Paddy 42.46

11+720 to 14+480 5 State Barren 325.24

14+480 to 14+600 2 Private Barren 7.86 LF 01 33m

TSF- Tin Sheet Fence, LF- Live Fence, BW- Boundary Wall

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ANNEX 10: PCR CLEARANCE FOR SRI NARASINGER KOVIL KAKKAITIVU RELOCATION

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ANNEX 11: DESIGN OF KOVIL

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ANNEX 12: LAYOUT OF WATER SUPPLY LINE- VALIKAMUM SOUTH WEST PS