REHABILITATION OF JAFFNA PONALAI POINT PEDRO (AB21) … · GRM Grievance Redness Mechanism HH...
Transcript of REHABILITATION OF JAFFNA PONALAI POINT PEDRO (AB21) … · GRM Grievance Redness Mechanism HH...
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
Resettlement Action Plan- AB 21 Road, Jaffna
3
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
Resettlement Action Plan- AB 21 Road, Jaffna
4
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.
Resettlement Action Plan- AB 21 Road, Jaffna
5
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:
Resettlement Action Plan- AB 21 Road, Jaffna
6
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
Resettlement Action Plan- AB 21 Road, Jaffna
7
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.
Resettlement Action Plan- AB 21 Road, Jaffna
8
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
Resettlement Action Plan- AB 21 Road, Jaffna
9
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)
Resettlement Action Plan- AB 21 Road, Jaffna
10
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
Resettlement Action Plan- AB 21 Road, Jaffna
11
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
Resettlement Action Plan- AB 21 Road, Jaffna
12
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
Resettlement Action Plan- AB 21 Road, Jaffna
13
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)
Resettlement Action Plan- AB 21 Road, Jaffna
14
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.
Resettlement Action Plan- AB 21 Road, Jaffna
15
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)
Resettlement Action Plan- AB 21 Road, Jaffna
16
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
Resettlement Action Plan- AB 21 Road, Jaffna
17
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
Resettlement Action Plan- AB 21 Road, Jaffna
18
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
Resettlement Action Plan- AB 21 Road, Jaffna
19
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
Resettlement Action Plan- AB 21 Road, Jaffna
20
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.
Resettlement Action Plan- AB 21 Road, Jaffna
21
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
Resettlement Action Plan- AB 21 Road, Jaffna
22
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.
Resettlement Action Plan- AB 21 Road, Jaffna
23
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
Resettlement Action Plan- AB 21 Road, Jaffna
24
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,
Resettlement Action Plan- AB 21 Road, Jaffna
25
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.
Resettlement Action Plan- AB 21 Road, Jaffna
26
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.
Resettlement Action Plan- AB 21 Road, Jaffna
27
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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29
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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30
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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32
• 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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33
• 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
Resettlement Action Plan- AB 21 Road, Jaffna
34
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
Resettlement Action Plan- AB 21 Road, Jaffna
35
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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36
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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37
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
Resettlement Action Plan- AB 21 Road, Jaffna
38
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.
Resettlement Action Plan- AB 21 Road, Jaffna
39
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
Resettlement Action Plan- AB 21 Road, Jaffna
40
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.
Resettlement Action Plan- AB 21 Road, Jaffna
41
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.
Resettlement Action Plan- AB 21 Road, Jaffna
42
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
Resettlement Action Plan- AB 21 Road, Jaffna
43
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)
Resettlement Action Plan- AB 21 Road, Jaffna
44
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
Resettlement Action Plan- AB 21 Road, Jaffna
45
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
Resettlement Action Plan- AB 21 Road, Jaffna
46
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
.
Resettlement Action Plan- AB 21 Road, Jaffna
47
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.
Resettlement Action Plan- AB 21 Road, Jaffna
48
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
Resettlement Action Plan- AB 21 Road, Jaffna
49
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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51
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
Resettlement Action Plan- AB 21 Road, Jaffna
52
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
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
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
Resettlement Action Plan- AB 21 Road, Jaffna
53
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
Resettlement Action Plan- AB 21 Road, Jaffna
54
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)
Resettlement Action Plan- AB 21 Road, Jaffna
55
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
Resettlement Action Plan- AB 21 Road, Jaffna
56
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.
Resettlement Action Plan- AB 21 Road, Jaffna
57
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
Resettlement Action Plan- AB 21 Road, Jaffna
58
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
Resettlement Action Plan- AB 21 Road, Jaffna
59
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
Resettlement Action Plan- AB 21 Road, Jaffna
60
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.
Resettlement Action Plan- AB 21 Road, Jaffna
61
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
Resettlement Action Plan- AB 21 Road, Jaffna
62
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.
Resettlement Action Plan- AB 21 Road, Jaffna
63
Annexures
Resettlement Action Plan- AB 21 Road, Jaffna
64
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
Resettlement Action Plan- AB 21 Road, Jaffna
65
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
Resettlement Action Plan- AB 21 Road, Jaffna
66
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
Resettlement Action Plan- AB 21 Road, Jaffna
67
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
Resettlement Action Plan- AB 21 Road, Jaffna
68
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
Resettlement Action Plan- AB 21 Road, Jaffna
69
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
Resettlement Action Plan- AB 21 Road, Jaffna
70
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
ne
rsh
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
y W
all
Len
gth
(m)
No
. of
Gat
e
Toile
t P
it
Pal
myr
a
h
Co
con
ut
Ne
em
Ku
bu
k
Pad
dy
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
Resettlement Action Plan- AB 21 Road, Jaffna
71
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
Resettlement Action Plan- AB 21 Road, Jaffna
72
ANNEX 2 LETTER FROM GA ON LAND MINES CLEARANCE
Resettlement Action Plan- AB 21 Road, Jaffna
73
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
Resettlement Action Plan- AB 21 Road, Jaffna
74
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
Resettlement Action Plan- AB 21 Road, Jaffna
75
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-
Resettlement Action Plan- AB 21 Road, Jaffna
76
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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77
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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78
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-
Resettlement Action Plan- AB 21 Road, Jaffna
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ANNEX 4: LETTER OF CONSENT FOR SHIFTING KAKKAITIVU NARASIMAR KOVIL
Resettlement Action Plan- AB 21 Road, Jaffna
81
Resettlement Action Plan- AB 21 Road, Jaffna
82
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
Resettlement Action Plan- AB 21 Road, Jaffna
83
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
Resettlement Action Plan- AB 21 Road, Jaffna
84
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
Resettlement Action Plan- AB 21 Road, Jaffna
85
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
Resettlement Action Plan- AB 21 Road, Jaffna
86
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
Resettlement Action Plan- AB 21 Road, Jaffna
87
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
Resettlement Action Plan- AB 21 Road, Jaffna
88
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
Resettlement Action Plan- AB 21 Road, Jaffna
89
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
Resettlement Action Plan- AB 21 Road, Jaffna
90
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
Resettlement Action Plan- AB 21 Road, Jaffna
91
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
Resettlement Action Plan- AB 21 Road, Jaffna
92
ANNEX 6: BROCHURE USED FOR INFORMATION DISCLOSURE
Resettlement Action Plan- AB 21 Road, Jaffna
93
ANNEX 7: MEDIA NOTIFICATION ABOUT THE REHABILITATION OF AB 21 ROAD SECTION
(Udayan Local Tamil News Paper)
Resettlement Action Plan- AB 21 Road, Jaffna
94
ANNEX 8: ANNOUNCEMENT NOTIFICATION OF THE CUT-OFF DATE
Resettlement Action Plan- AB 21 Road, Jaffna
95
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
Resettlement Action Plan- AB 21 Road, Jaffna
96
ANNEX 10: PCR CLEARANCE FOR SRI NARASINGER KOVIL KAKKAITIVU RELOCATION
Resettlement Action Plan- AB 21 Road, Jaffna
97
ANNEX 11: DESIGN OF KOVIL
Resettlement Action Plan- AB 21 Road, Jaffna
98
ANNEX 12: LAYOUT OF WATER SUPPLY LINE- VALIKAMUM SOUTH WEST PS