SIA of Land Acquisition for Kottappuram Houseboat Terminal

55

Transcript of SIA of Land Acquisition for Kottappuram Houseboat Terminal

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CHAPTER 1

EXECUTIVE SUMMARY

1.1 Project and public purpose

The proposed project is intended to construct Kottappuram houseboat terminal. The

Kottappuram houseboat terminal is currently operated by a small Amenity Centre

Building occupied in the 12 cents of land owned by BRDC. At present the only

organized tourism facility in the area is the houseboats, with base amenity centre at

Kottappuram. The feedback from tourists incited in the development of the area

with the implementation of a houseboat terminal and ancillary facilities.

As per the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 Section 2-(1)-(b)-(vi), the project can be

considered as a public purpose.

1.2 Location

The land to be acquired for the proposed project is located in Nileshwaram Village

of Hosdurg Taluk in Kasargod District.

1.3. Size and attributes of land acquisition

An extent of 3 acres of land under survey numbers 565/2A pt (1.50 acre), 565/2B pt

(0.12 acre), 565/3 pt (0.39 acre), 565/4 pt (0.02 acre), 566 pt (0.91 acre), 560/9 pt

(0.06 acre) from Nileshwaram Village of Hosdurg Taluk in Kasargod District is

required for the implementation the proposed project.

1.4 Alternatives considered

No alternatives are identified for the implementation of the project.

1.5 Social impacts

Three acres of land from Nileshwaram village is required for the implementation of

the propose project. The proposed land is owned by 10 families. The land

comprises of trees only.

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1.6 Mitigation measures

Though, by considering the following measures the authorities can mitigate and

compensate the possible negative impacts of the land acquisition.

Compensation for the land owners as per the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act

2013.

Resettlement and Rehabilitation procedure as per the Policy issued by

Revenue(B) Department, Government of Kerala vide

G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and

resettlement package for land acquisition in the state in lieu of

RFCTLAR&R Act 2013.

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CHAPTER 2

DETAILED PROJECT DESCRIPTION

2.1 Background of the Project including Developer’s Background and

Governance/Management structure

Kasargod, the northernmost district of Kerala is rich in cultural heritage, scenic

beauty enthralled with lush waterways, attractive beaches and have historic

importance. Often cited as the Saptha Bhasha Sangama Bhoomi (The Land of

Seven Languages), the district is famous for Bakel Fort, Chandragiri Fort, Hosdurg

Fort, etc. Tourism is emerging as one of the fastest growing industry in the district.

The Government of India have selected Bakel Fort as one among the five ‘Special

Tourism Area’. One of the emerging major backwater destination in Kerala, the

Valiyaparamba backwaters is the satellite destination of Bakel. Valiyaparamba is a

group of islands on the south of Bakel and the Valiyaparamba backwaters is a part

of Thejaswini River and other smaller rivers of the region. The Government of

India has already initiated steps for promoting Valiyaparamba by including the area

in the integrated backwater circuit of Kerala. The Bakel Resorts Development

Corporation Limited (BRDC) have introduced houseboats to cater development of

tourism in the area. At present the only organized tourism facility in the area is the

houseboats, with base amenity centre at Kottappuram. The feedback from tourists

incited in the development of the area with the implementation of a houseboat

terminal and ancillary facilities.

The requiring agency of the proposed project Bakel Resorts Development

Corporation Limited (BRDC), headed by Managing Director, is instituted in the

year 1995 and focuses on planned, environment-friendly and ecologically viable

methods of tourism development. The company concentrates on destination

development, investment attractions, promotional initiatives etc., ensuring that the

development is beneficial to the local community.

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2.2 Rationale for Project, including how the project fits the public purpose criteria

listed in the Act.

The Kottappuram houseboat terminal is currently operated by a small Amenity

Centre Building occupied in the 12 cents of land owned by BRDC. A total of 14

houseboats ferry through the Valiyaparamba backwaters at present and the number

of visitors is increasing day by day. Major issue faced by the existing terminal is

the lack of an organised parking facility for the visitors’ vehicles. Introduction of

more houseboats will require more area for handling and parking the boats. With

the rise in the number of visitors up-gradation of the centre with tourist waiting

lounges, space for recreation, etc. will support the smooth functioning of the

terminal. A solution for the above mentioned issues is the implementation of a

fully-fledged houseboat terminal which could accommodate all the additional

facilities planned for the proposed terminal.

As per the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 Section 2-(1)-(b)-(vi), the project can be

considered as a public purpose.

2.3 Details of Project size, location, capacity outputs, production targets, costs and

risks

The implementation of the proposed project requires an area of 3 acres of land. The

land to be acquired for the proposed project is located in Nileshwaram Village of

Hosdurg Taluk in Kasargod District. The proposed project site is located 40 km

south of Kasargod, 5 km southwest of Cheruvathur and about 30 km from Bekal.

Nearest town is Nileshwar. The implementation of the fully-fledged houseboat

terminal includes river bank protection & land development works, reception

counter, waiting launch, souvenir shops, service counters, restaurant & quick bite

counters, parking bay, yard lighting - solar system, bio toilet & clock room,

landscaping, well, water tank & supply lines, electricity & emergency power

backup system, waste treatment & disposal, security & surveillance and boat

repairing yard. The estimated cost of the propose project is 8 crore rupees.

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Fig. 2.1: Photographs of Proposed Project Area

2.4 Examination of alternatives

No alternatives is considered.

2.5 Phases of the Project Construction

The construction of the project will be completed based on the approved plans.

2.6 Core design Features, size and Type of Facilities

The propose houseboat terminal includes river bank protection & land development

works, reception counter, waiting launch, souvenir shops, service counters,

restaurant & quick bite counters, parking bay, yard lighting - solar system, bio toilet

& clock room, landscaping, well, water tank & supply lines, electricity &

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emergency power backup system, waste treatment & disposal, security &

surveillance and boat repairing yard.

2.7 Need for Ancillary Infrastructural Facilities

The district Tourism Promotion Council (DTPC) has initiated to develop a roadway

to the proposed Kottappuram terminal for 800m.

2.8 Workforce Requirements (temporary and permanent)

Both temporary and permanent workforce will be employed with modern

machineries and equipment at appropriate stages of the project implementation.

2.9 Details of Social Impact Assessment/Environment Impact Assessment if

Already Conducted and any Technical Facility Reports

No Social Impact Assessment/Environment Impact Assessment has been conducted

previously.

2.10 Applicable legislations and policies

The land acquisition for the proposed project is governed by the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act (2013) & Rules (2015)

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CHAPTER 3

TEAM COMPOSITION, APPROACH, METHODOLOGY AND

SCHEDULE OF THE SOCIAL IMPACT ASSESSMENT

3.1 List of all Team Members with Qualifications

The details of the team members involved in the SIA are given in Annexure III.

3.2 Description and Rationale for the Methodology and Tools Used to collect

Information for the Social Impact Assessment

An inclusive and participatory approach through involvement of multiple

stakeholders such as elected representatives and project affected people including

vulnerable sections such as Scheduled Castes, Scheduled Tribes, women, and those

among below poverty line, at appropriate stages of the project.

3.3 Sampling Methodology Used

Qualitative information was gathered along with the field survey through public

consultation/Focus Group Discussions (FGDs) with all relevant stakeholders. The

public consultation encompassed the project components as well as its socio-

economic impacts. The SIA team had preliminary discussions with the key officials

of the district administration and gathered information regarding the status of the

government procedures, the project area and intensity of the acquisition. The team

also made a preliminary site visit with the officials for physical inspection and

information dissemination purposes. The existing conditions of land, status of

infrastructure/structures, land use pattern and the facilities available to people

residing in the project area were analysed.

The quantitative information regarding the families affected by the project was

collected through household surveys, in the form of structured questionnaires. The

survey was conducted in all the households of the persons affected by the project.

The results of the survey provided information pertaining to the demography,

socio-economic status and livelihood status of the target community, and formed

the basis for development of Social Impact Management Plan.

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3.4 Overview of Information/Data Sources Used

The primary data was collected directly from the representatives of all affected

families through face to face interview. Structured questionnaires were used for

collecting the details of the affected people. The results of the survey provided

information pertaining to the demography, socio-economic status and livelihood

status of the target community.

The secondary data was collected from the Requiring Body and the Revenue

department. The SIA team had preliminary discussions with the key officials of the

district administration and gathered information regarding the status of the

government procedures, the project area and intensity of the acquisition.

3.5 Schedule of Consultations with Key Stakeholders

Date Details of Consultation

August 2020 Collection of documents form

Land Acquisition office

August 2020 Meeting with the officials of

Requiring Body

September 2020 Visit to project area

September 2020 Collection of Primary Data

To be conducted Public Hearing

3.6 Public Hearing

In accordance with the Section 5 of Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a Public Hearing

will be conducted to collect the views and opinions of the people affected by the

project. Prior intimation will be given to all the stakeholders regarding the date and

venue of the public hearing through advertisements in leading newspapers,

individual letters and/or over telephone.

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CHAPTER 4

LAND ASSESSMENT

4.1 Description of Land with the help of Maps, Information from Land

Inventories and Primary Sources

The implementation of the proposed project requires an area of 3 acres of land. The

land to be acquired for the proposed project is located in Nileshwaram Village of

Hosdurg Taluk in Kasargod District.

Figure 4.1 Proposed Land

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Figure 4.2 Proposed Plan

4.2 Entire area of impact under the influence of the project

A total area of 3 acres of land from Nileshwaram Village of Hosdurg Taluk in

Kasargod District needs to be acquired for the proposed project.

4.3 Total Land Requirement for the Project

For the implementation of the proposed project, an extent of 3 acres of land from

Nileshwaram Village of Hosdurg Taluk in Kasargod District is required to be

acquired.

4.4 Present Use of any Public, Utilized land in the Vicinity of the Project Area

No such land is identified.

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4.5 Land (if any) Already Purchased, Alienated, Leased or Acquired, and the

intended Use for Each Plot of Land required for the project

No land has bees already acquired for the proposed project.

4.6 Quantity and Location of Land Proposed to be Acquired for the Project

A total area of 3 acres of land from Nileshwaram Village of Hosdurg Taluk in

Kasargod District needs to be acquired for the proposed project.

4.7 Nature, Present use and classification of Land and if Agricultural Land,

Irrigation Coverage and Cropping Patterns

The land proposed to be acquired for the project is classified as wet kadim, garden

and dry land.

4.8 Size of Holding, Ownership Pattern, Land Distributions and Number of

Residential Houses

Land under survey numbers 565/2A pt (1.50 acre), 565/2B pt (0.12 acre), 565/3 pt

(0.39 acre), 565/4 pt (0.02 acre), 566 pt (0.91 acre), 560/9 pt (0.06 acre) needs to be

acquired for the proposed project. No residential structures are identified on the

proposed project site.

4.9 Land prices and recent changes in ownership, transfer and use of lands over

the last 3 years

As per the information received from the respondents, no land transactions were

done in the proposed area for the last 3 years.

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CHAPTER 5

ESTIMATION AND ENUMERATION OF AFFECTED

FAMILIES AND ASSETS

5.1 Estimation of families

a) Families which are directly affected (own land that is proposed to be acquired)

The land proposed for acquisition is possessed by 10 families

5.2 Family of Scheduled Tribes and other Traditional Forest Dwellers who have

lost any of their Forest Rights

Not Applicable

5.3 Families which depend on Common Property Resources which will be

Affected due to Land Acquisition for their Livelihood

No common property resources are affected by this land acquisition.

5.4 Families which have been assigned Land by the State Government for the

Central Government Under any of its Schemes and such Land is Under

Acquisition

Not Applicable

5.5 Families which have been Residing on any land in the Urban Areas for

Proceeding three years of more prior to the acquisition of land

Not applicable

5.6 Families which have depended on the Land Being Acquired as a Primary

Source of Livelihood for three years prior to the acquisition

Not applicable

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5.6.1 Families which are indirectly impacted by the project (not affected directly by the

acquisition of own lands)

Not applicable.

5.6.2 Inventory of productive assets and significant lands

The proposed land is not used for commercial or residential purposes.

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CHAPTER 6

SOCIO-ECONOMIC AND CULTURAL PROFILE

6.1 Demographic Details of the Population in the Project Area

The area which is considered for the acquisition for the establishment of the

proposed project is owned by 10 families.

6.3 Vulnerable Group

Not applicable.

6.4 Land Use and Livelihood

Land is used for not commercial or residential purposes.

6.5 Local Economic Activities

Not applicable.

6.6 Factors that Contribute to Local Livelihood

Not applicable

6.7 Kinship Patterns and Social and Cultural Organization

The owners enjoy good social pattern.

6.8 Administrative Organization

There are no administrative organisations are present in the vicinity of the project

area.

6.9 Political Organization

Properties of any political organizations are not included in the area which is

proposed for the acquisition.

6.10 Community Based Civil Society Organization

No such organizations are affected by the proposed the project.

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6.11 Regional Dynamics & Historical Change Process

Not applicable.

6.12 Quality of the Living Environment

The Quality of the Living Environment is good in the project area with decent

livelihood options and transportation facilities with access to amenities such as

Schools, Hospitals, Civil Organisations, Social Groups etc.

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CHAPTER 7

SOCIAL IMPACT MANAGEMENT

7.1 Approach to Mitigation

The CMD team made use of a combination of two research approaches i.e.,

quantitative and qualitative, for the identification of various social impact and the

mitigation measures. Adoption of a combination of both qualitative and

quantitative methodology was indented to obtain a more comprehensive data and

more holistic result without excluding any important area of assessment.

7.2 Measures to avoid, mitigate and compensate impact

An extent of 3 acres of land under survey numbers 565/2A pt (1.50 acre), 565/2B pt

(0.12 acre), 565/3 pt (0.39 acre), 565/4 pt (0.02 acre), 566 pt (0.91 acre), 560/9 pt

(0.06 acre) from Nileshwaram Village of Hosdurg Taluk in Kasargod District is

required for the implementation the proposed project. Providing fair compensation

to the owners will reduce the negative impacts. Also, by considering the following

measures the authorities can mitigate and compensate the possible negative impacts

of the land acquisition.

Compensation for the land owners as per the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act

2013.

Resettlement and Rehabilitation procedure as per the Policy issued by

Revenue(B) Department, Government of Kerala vide

G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and

resettlement package for land acquisition in the state in lieu of

RFCTLAR&R Act 2013.

7.3 Measures that are included in terms of Rehabilitation and Resettlement and

Compensation as outlined in the Act

The Rehabilitation and Resettlement package as per the Policy issued by

Revenue(B) Department, Government of Kerala vide G.O.(Ms)No.448/2017/RD

dated 29/12/2017 for the rehabilitation and resettlement package for land

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acquisition in the state in lieu of RFCTLAR&R Act 2013 shall be provided to the

affected people.

7.4 Measures that the Requiring Body has stated it will introduce in the project

proposal

The requiring body has stated that sufficient fund has been reserved as

compensation.

7.5 Alterations to project design and additional measures that may be required to

address the extend and intensity of impacts across various groups as identified

during SIA

Not applicable.

7.6 Detailed Mitigation Plan including detailed activities to be carried out for each

mitigation strategy, timelines for each mitigation strategy

To mitigate the social impact of the proposed land acquisition, R&R package

should be provided to the families as per the Policies issued by Revenue(B)

Department, Government of Kerala vide G.O.(MS)No.485/2015/RD dated

23/09/2015 and G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation

and resettlement package for land acquisition in the state in lieu of RFCT in

LAR&R Act 2013.

Compensation for the land owners as per the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement Act

2013.

Resettlement and Rehabilitation procedure as per the Policy issued by

Revenue(B) Department, Government of Kerala vide

G.O.(Ms)No.448/2017/RD dated 29/12/2017 for the rehabilitation and

resettlement package for land acquisition in the state in lieu of

RFCTLAR&R Act 2013.

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7.7 The Social Impact Management Plan indicating which measures the Requiring

Body has committed to undertake and those that have been proposed, but not

committed to be undertaken by the Requiring Body

The requiring body has stated that sufficient fund has been reserved as

compensation.

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CHAPTER 8

SOCIAL IMPACT MANAGEMENT PLAN INSTITUTIONAL

FRAMEWORK

8.1 Description of institutional structures and key person responsible for each

mitigation measures

The Government of Kerala vide G. O. (P) No. 649/2015/RD dated 04/12/2015 had

appointed Special Tehsildar, L.A General, Kasaragod to perform one or more

functions of the collector under in the Right to Fair Compensation and

Transparency in Land Acquisition, Resettlement and Rehabilitation Act

(RFCTLARR), 2013 within their area of jurisdiction.

Also vide G. O. (P) M. No. 590/2015/RD dated 11 November 2015, Government of

Kerala, in line with the sub-section (1) of section 43 of the Right to Fair

Compensation and Transparency in Land Acquisition, Resettlement and

Rehabilitation Act (RFCTLARR) 2013 and sub-rule (1) of rule 21 of Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement (Kerala) Rules, 2015, the Deputy Collector (Land Acquisition) in

each district has been appointed as the Administrator for Rehabilitation and

Resettlement, for performing the functions under the said act and Rules in respect

of involuntary displacement of persons due to requisition of land. The

Administrator shall be responsible for the formulation, execution and monitoring of

the Rehabilitation and Resettlement scheme in respect of land acquisition.

Vide G. O. (P) M. No. 589/2015/RD dated 11 November 2015, in exercise of the

powers conferred by sub-section (1) of section 44 of the Right to Fair

Compensation and Transparency in Land Acquisition, Resettlement and

Rehabilitation Act (RFCTLARR), 2013, the commissioner for Rehabilitation and

Resettlement supervising the formulation of Rehabilitation and Resettlement

scheme or plans, proper implementation of the same and post implementation of

social audit.

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8.2 Specify the Role of Non-Governmental Organisation, if any

Providing support services of a dependable NGO can help in alleviating the

psycho-social impact of the acquisition.

8.3 Indicate Capacities Required and Capacity Building Plan, Including Technical

Assistance, if any

Not applicable

8.4 Timelines for Each Activity

Proper timeline for each activity should be framed in accordance with the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act (2013) and Rules (2015).

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CHAPTER 9

SOCIAL IMPACT MANAGEMENT PLAN BUDGET AND

FINANCING OF MITIGATION PLAN

9.1 Costs of all resettlement and rehabilitation costs

The requiring body stated that necessary budget provision exists for meeting the

cost of acquisition.

9.2 Annual budget and plan of action

Not Applicable

9.3 Funding sources with break up

Not Applicable

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CHAPTER 10

SOCIAL IMPACT MANAGEMENT PLAN MONITORING AND

EVALUATION

10.1 Key monitoring and evaluative indicators

Monitoring is a long-term process, which should begin from the starting of the

project and should continue throughout the life of the project. Its purpose is to

establish benchmarks so that the nature and magnitude of anticipated social impacts

can be continually assessed. Monitoring involves the continuous or periodic review

to determine the effectiveness of recommended mitigation measures. The types of

parameters that can be monitored may include mitigation measures or design

features, or actual impacts. All the mitigation measures stated in Chapter 7 should

be considered as the indicators for evaluation.

10.2 Reporting mechanisms and monitoring roles

Rehabilitation and Resettlement procedures as stated in the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement act (2013) and Rules (2015) will be applicable.

10.3 Plan for independent evaluation

Not applicable.

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CHAPTER 11

ANALYSIS OF COSTS AND BENEFITS AND RECOMMENDATION

ON ACQUISITION

11.1 Final conclusions on:Assessment of public purpose, less displacing

alternatives, minimum requirements of land, the nature and intensity of social

impacts, and viable mitigation measures and the extent to which mitigation

measures will address costs

The proposed project is intended to implement new houseboat terminal at

Kottappuram.

An extent of 3 acres of land under survey numbers 565/2A pt (1.50 acre), 565/2B pt

(0.12 acre), 565/3 pt (0.39 acre), 565/4 pt (0.02 acre), 566 pt (0.91 acre), 560/9 pt

(0.06 acre) from Nileshwaram Village of Hosdurg Taluk in Kasargod District is

required for the implementation the proposed project.

The proposed land to be acquired is owned by 10 families. Other than a few

coconut trees and other trees, no other assets are identified. The proposed land

acquisition will not result in rehabilitation of any of the owners.

Rehabilitation of families are not required in this acquisition, through the proper

measures as per Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement act (2013) and Rules (2015) the negative impacts

of land acquisition should be mitigated.

11.2 The above analysis will use the equity principle as a framework of analysis for

presenting a final recommendation on whether the acquisition should go

through or not.

Comparing/weighing the positive against the negative impacts, it can be observed

that the implementation of the project will result in improving the overall

development of tourism industry in Kasaragod district. Through the execution of

proper measures listed in chapter 7, the negative impact of the land acquisition can be

mitigated.

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Thus, it can be concluded that the former outweighs the latter reaffirming the

identified site as the most suitable and apt one for the project. The families that are

affected would require adequate and fair compensation. It is observed that many of

the negative impacts highlighted can be minimized or reduced with effective and

relevant mitigation measures and strategies mentioned.

Thus the study suggests to acquire the land providing adequate compensation to the

affected people.

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ANNEXURES

i. Details of the land covered in the SIA study

ii. List of key informants contacted and interacted

iii. SIA Team members

iv. Various Government Orders concerning Social Impact Assessment

v. Questionnaires used for survey

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ANNEXURE-I

Details of the Land Covered in the SIA Study

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ANNEXURE-II

List of Key Informants Contacted and Interacted

1. Deputy Collector, L.A, Kasarakod

2. Special Tehsildar, LA General, Kasaragod

3. Officials of BRDC

4. Municipal Chairman, Nileshwaram Municipality

5. Elected Representatives

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ANNEXURE-III

SIA Team Members

Sl. No. Name Designation Qualification

1. Dr. G. Suresh Project Director Ph. D.

2. Shri. Riyas K. Basheer Project Coordinator MBA, B.Tech.

3. Dr. S. Remadevi Domain Expert Ph. D.

4.. Shri. Suradh K. Surendran Field Coordinator M. Tech.

5. Shri. Albin M. Project Officer MBA

6. Shri. Josukutty Kurian Project Officer MSW

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ANNEXURE-IV

Various Government Orders Concerning Social Impact Assessment on Land

Acquisition

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ANNEXURE- V

Questionnaires used for survey

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CENTRE FOR MANAGEMENT DEVELOPMENT (An Autonomous Institution Sponsored by the Government of Kerala)

THYCAUD, THIRUVANANTHAPURAM

KERALA – 695014