Report On Socio-economic, Socio-cultural, Resource Mapping and Infrastructural Survey of Approach Road (Takua Road) Affected Families for 2X600 MW TPP at Angul , Orissa In respect of Jindal India Thermal Power Limited 2011 Prepared BY DAWN (Development Alternatives for Wider Network), Bhubaneswar. 1 Contents Page Socio-Economic Survey Findings at a glance 2 CHAPTER 1 Introduction 4 CHAPTER 2 Methodology of the Study 7 CHAPTER 3 Socio-Economic Condition of Affected Families (PAFs) 16 CHAPTER 4 National and Orissa R&R Policy/Entitlements 27 CHAPTER 5 Rehabilitation Action Plan 35 Annexure I. Entitlement Matrix(PAF) II. Data Tables ( PAF) 2 SOCI0-ECONOMIC SURVEY FINDINGS AT A GLANCE Total number of Affected families (Original) identified: 54 Total number of Affected families (Separated) identified: 139 Sl. No. Impacts of Land acquisition Number/Amount/Percent 1 Total area of agricultural land (acres) 2 Total number of Original Families losing agricultural land 54 3 Total number of New Families 85 4 Total number of Separate families losing homestead land 139 5 Total Number of Marginal Farmers 6 Total Number of Small Farmers 5 (9.3%) 7 Total Number of Medium Farmers 1 (1.8%) 8 Total Number of ST Families 0 9 Total Number of SC Families 2 (3.7%) 10 Total Number of SEBC/OBC Families 11 Total Number of Gen Families 12 Status of different categories of Separate Families ( as per Orissa R&R Policy,2006) Major sons 13 2.91 48(88.9%) 52 (96.3%) 0 129 Unmarried Daughter (>30yrs) 02 Physically & Mentally Challenged 01 Widow 07 Key Rehabilitation Expectations: Job, Livelihood development, Drinking water and health facilities. 3 Socio-economic, Socio-cultural, Resource Mapping and Infrastructural Survey of Approach Road Affected Families for 2X600 MW TPP at Angul , Orissa CHAPTER I I.1 Introduction Jindal India Thermal Power Limited JITPL) has established 1200 MW (2 X 600 MW) Coal based Thermal Power project in the village of Derang, District Angul, State of Odisha. At present, the project has used the existing road which passes through the habitation of village Derang. A large amount of time and effort on transportation activities is spent and they are very often severely hampered by lack of adequate road. Road infrastructure for the project is an essential component for carrying out day-today project operation. An alternative approach road to the plant site has been planned by JITPL for frequent and easy access to the plant site. I.2 Project Description The proposed road referred as “Takua Road” which provides a vital connectivity between NH-200 and the plant site of Jindal. 4.07 km new roads are to be constructed in the project area. The approach road passes through agricultural, forest, leasable, communal, gochar and rakhit land. Land acquisition has been proposed at stretched and most of the agriculture land (private land) belongs to the villagers Takua of Angul District. I.3 Proposed Land Acquisition The project requires about 21.30 acres land, of which 2.91 acres is private land owned by individuals and the remaining 18.39 acres is public land mostly revenue/forest. Private land will be acquired as per LA Act 1894 amended in 1984.The publication of notification under section 4(1) of the LA Act –intention to acquire land was done on August, 2011. 4 Table 1.3.1 The village wise land acquisition is stated below Name of the Village Derang Takua Total Private Land (In acres) 1.80 1.11 2.91 Govt. Land (In acres) 14.44 03.95 18.39 Figure 1.3.1 Type of Land Acquisition (In %) I.4 Rationale of the Study Land acquisitions for road construction are also likely to cause social disruption and economic loss for communities along the road corridor. As such, it is important that disturbance and loss to the affected communities due to the project, and immediately in its zone of impact, are minimized through proper planning from a very early stage of the project. It is with this view that a base line, socio economic survey, has been initiated to identify the Project Affected Persons (AP) due to the proposed road, the degree of impact of the project on the affected communities and explore the possibility of minimizing these adverse impacts and also to come up with a (RAP) for the PAFs to ensure restoration of their livelihood. The overall approach of the project towards the economic rehabilitation of PAFs is to ensure that they enhance, if not at least regain their pre-project level of economic livelihood. Towards this end, the R&R policy framework agreed for the project to follow the Orissa R& R Policy, 2006 for the project affected persons for land compensation and rehabilitation assistance. Resettlement and Rehabilitation (R&R) of PAFs intrinsically focuses on consultation and participation with relevant stakeholders, primarily with the affected communities. DAWN accepted the letter of award of POWERGRID to conduct the Socio-Economic Survey in accordance with Orissa R&R Policy, 2006 and SES guidelines, Govt. of Orissa, 2008. 5 I.5 Broad Objectives of the Study The major objective of the present study was to carry out a baseline socio-economic survey to generate the necessary data and information, so as to prepare an appropriate Rehabilitation Action Plan (RAP) of affected people. The study involved collection of the socio-economic conditions of the PAFs and their attitude towards the proposed project. On the basis of such information, a rehabilitation action plan is prepared for the people whose livelihood systems have been affected. Therefore, a socio-economic survey and the preparation of an effective Rehabilitation Action Plan (RAP) is the two direct outcomes of this report. The socio-economic study will act as a benchmark to monitor the progress of the standard of living of the affected persons after the implementation of the rehabilitation measures. I.5.1 More specifically, the objectives are: (i) To ascertain precisely the total population and villages affected by the project; (ii) To classify different categories of Project Affected Persons (PAPs) and Project affected Families (PAFs) on the basis of demographic data such as Sex, Age, Gender, Occupation, Education, Income, Religion, Caste, Language, Marital Status; (iii) To ascertain varieties of loss suffered by each PAP and PAF and based on such loss, fit them according to the R& R Policy for varying benefits under the project (entitlement matrix) (iv) To provide baseline data for monitoring and evaluation of R and R programmes; (v) To ensure that no PAP or PAF is left out, or no vulnerable group is ignored in the R&R programme (vi) To ascertain choices of affected families in respect of various options available to them in the R&R policy (vii) To understand the peoples reactions towards the project and ascertain their preferences for R& R and (viii) To prepare an Appropriate Rehabilitation Action Plan for improving / restoring the living standards of affected population. 6 CHAPTER II METHODOLOGY II.1 Introduction The preparation of the Socio-Economic Survey has focused on detailed household survey of Project Affected Families, consultations and participation of project affected families (PAFs). It involved extensive field (census and socioeconomic) survey using structured questionnaires and guidelines for undertaking Focus Group discussions (FGD) and other stakeholders’ consultation. The desk review, structured questionnaires, open ended formats, FGD guidelines, preparation of Village Social and Infrastructure, resource mapping were the specific tools used to collect the required information. The data/information thus collected helped in understanding the social and economic features of the affected communities and in appreciating their issues and concerns. Identification of land to be acquired and inventory of structures coming within the corridor of impact were the main components of the census survey carried out among the identified potential project affected families (PAF). II.2 Scope of the study The geographic coverage of the survey was limited to the proposed approach road project and neighbouring areas that are likely to be affected by the JITPL. The SES was limited to the study of affected families in the project area. i) Members of the family who are permanently residing prior to publication of notice under section 4(1) of the Land Acquisition Act, 1894, ii) Families who are likely to lose fully or partially their house, agricultural land, employment or are alienated wholly or substantially from the main source of their trade, business, occupation or vocation including income derived from formal sector and non farm activities; iii) Agricultural labourers and non-agricultural labourers; iv) Families belonging to the Scheduled Caste or Scheduled Tribe categories; v) Vulnerable persons such as the disabled, destitute, orphans, widows, unmarried girls, abandoned women, or persons above fifty years of age, who are not provided or cannot 7 immediately be provided with alternative livelihood, who are not otherwise covered as part of a family; vi) Families that are not having homestead and below poverty line, but residing continuously for a period of not less than three years in the affected area preceding the date referred to in clause (i) above; vii) Scheduled Tribes families who were in possession of forest lands in the affected area prior to the 13th day of December, 2005. The study also identified the reasons for the adverse impact of the project on the people who are particularly affected families, and on the region as a whole. II.3 Study Approach The approach we have undertaken for the Socio Economic Survey is to ensure active participation of the affected families rather than externally imposed requirement. To perform this task, we have made an effective communication with the affected families and their leaders regarding the R&R benefits enshrined in Orissa R&R Policy, 2006. We also spelt out that the study provides an opportunity for the affected families to ventilate their grievances and choices for a viable Rehabilitation and Resettlement plan. When they were convinced about the about the objective of the study, it became easier to collect data and cross verify it. II.4 Coverage of the Study: The SES is limited to the study of affected families of 2 villages of Takua and Derang of Angul District. The work was undertaken as per Orissa R &R Policy, 2006 and guidelines issued by Revenue and Disaster Management Department, Govt. of Orissa vide Notification. No.18680 dt. 24.04.08. II.5 Skill and Qualification of the Study Team: In order to perform the following tasks, Mr. R. K. Parida, Sociologist acted as Team Leader and provided overall supervision of the Socio-Economic Survey. To the credit, Mr. R.K. Parida had conducted several R&R studies in the State of Orissa following the Orissa R&R Policy, 2006 and guidelines of Revenue and Disaster Management Department, 2008. Selection of Research Investigators: The Research Investigators are being recruited with social science background who are proficient in the local language. The team members are well versed with the 8 local traditions, customs, culture and economic conditions of the PAPs as some members belong to the local area of Dhenkanal District and others are selected from the neighbouring district Training to Research Investigators and Supervisors: The Research Investigators and Supervisors are trained in the R&R Policy, LA Act, 1984, data collection procedure, contents of the questionnaires, Intensive Training were provided regarding the collection of data, scrutinizing, coding, data processing, interpreting and report writing.. Technical Knowledge: The team had computer professionals and used computerized format of Ms Excel for data entry and process it for the report. The team possesses the knowledge how to transfer the coded data from Ms Excel to SPSS for statistical testing. II.6 Procedure of the Socio-Economic Study: The R&R policy, 2006 of Govt. of Orissa was studied and the legal requirements under Land Acquisition Act 1894 amended in 1984 for the acquisition of Private land, Govt. land, Forest land, Gochhar land and Debotar land etc. were analysed. The Land Encroachment Act (1972) was also studied to understand the terms and conditions to provide Record of Rights to the landless families. The research primarily involved the collection of both primary and secondary data and other information, which are both qualitative and quantitative in nature. The study was extensively depended on primary data with the emphasis on observations and discussions. A house holds survey was undertaken to collect information at family level following the SES guidelines of Revenue and Disaster Management Department, Govt. of Orissa, published on Dated the 24th April, 2008 as; Part-I: Household Interview Schedule, Part-II: General Infrastructure Survey and Part-III: Social and Cultural Infrastructure Survey The relevant secondary data were also collected from revenue department regarding Records of Rights & Bhulekh, Village map, census report was referred to collect data on the list of houses, population etc., the list of BPL families were collected from e-bpl, the list of Ration Cards were known from the Civil Supply Department and Voter’s list from Election Commissioner Office to supplement the primary survey data. In addition, discussion with the community leaders, NGO, government officials concern with R & R, was also a part of the study. The important aspect of the study was participatory appraisal with the involvement of 9 the community to enable them to understand the process of R & R. Some form of photography were taken to record the existing area for identification. II.7 Pilot Study, Pre-testing of Interview Schedule and Training to Research Investigators A pilot study was carried out in the field in order to test the closed and opened questions in the Interview Schedule. The Research Investigator got an opportunity for practical field training. They got to know how to establish rapport, probing and elicit information with the project affected persons through the Interview Schedule adopting SES guidelines of Revenue and Disaster Management, Govt. of Orissa. The socio-economic indicators used for the Socio-Economic Survey are stated below: a) General information about the Affected Household b) Identification of the Household , c) Household composition d) Occupational pattern e) Ethnic composition f) Land holding size g) Income sources h) Income level i) Education j) Possession of skills of both males and females k) Extent of land loss and income loss l) Profile of the village with infrastructural facilities m) Perception about the project n) R&R options The field investigators and Supervisors were also trained about the land acquisition Act, 1984, Rehabilitation and Resettlement Policy, 2006 of Govt. of Orissa. II.8 Data Collection and Supervision: The socio-economic data was collected through the method of household survey by collecting information at the family level. Each investigator was assigned an area/ pada with a specific target to complete in a day. The supervisor of the team checks the filled in interview schedules on a daily basis and discussed the problems in the evening sitting and found out strategies for solution. 10 The interviews collected are being coded and a manual tabulation was done to check errors. It helped the investigators to sharpen their interview techniques. Tools of Data collection Quantitative and Qualitative tools were carried out while conducting the socio-economic survey. For quantitative data, the method of Interview Schedule (enclosed herewith) having opened and closed ended questions were followed. II.9 General, Socio-Cultural Infrastructure Survey: The general, Socio-cultural infrastructure survey of the affected villages was conducted to make an inventory of public utilities, village common property and natural resources. For the collection of qualitative information, the following tools were used. Participatory Rural Appraisal (PRA) methodology Walk over Survey/Transact walk The transact walk was conducted with the help of some affected persons to get insight on the field situation related to topography, agricultural crops, and irrigation facilities of the acquired land. Resource Mapping A resource mapping of every village was done in order to understand the natural and physical resources existing in the area. The natural resources such as land, water, forest and physical resources such as road, electricity, and transport facilities are identified in the walk over surveys. It helped to identify the infrastructure need of the village for a village resource planning and development. Case studies Case studies were undertaken to know the historicity and culture of the villagers and changes occurred from time to time. Focused group discussions The focused group discussions were conducted in the affected villages. The discussions were held with groups of about 15-20 respondents by using an unstructured direct approach to ensure flexibility, open handedness and freedom in expressing ideas and feelings. The objective was to stimulate and generate new ideas relating to land acquisition, the rehabilitation package and other development aspects. 11 Venn diagrams The venn diagramming was doing by the villagers drawing the picture of institutional support provided by different development agencies in the area. Furthermore, village level discussions were held, keeping in view the composition and the level of vulnerability of different groups in the present situation. Vulnerable groups like sharecroppers, tenants, agricultural labourers, and widows, single mothers etc. were given special attention in the group discussions. The preparation of action plans contained the following aspects: i) Details on entitlement to each affected family/person based on the RR policy. ii) Mitigating plans for various vulnerable sections of population. iii) Identifying the alternative economic rehabilitation measures of those who lost livelihood. iv) Evolving an appropriate mechanism for participation of affected community during the implementation of plans. v) Proposed special measures for upbringing those PAPs/PAFs who were below poverty line. vi) Evolved the method of addressing the grievances and appeals of the project affected persons viii) Defined the scope for participation of NGOs in the implementation process. ix) Phase out the implementation schedule and budget requirements and x) Explained the arrangements required for Monitoring and evaluation of R & R activities and the various indicators that need to be used during Monitoring & Evaluation process. II.10 Data Processing In order to tabulate the data, data codes were prepared and manual tabulation charts were prepared. The data were computersied through Ms Excel for creating database and the results were presented in tabular and graphical form. The SPSS package was also used for cross tabulation of different variables. 12 Creation of Data base The data related to survey and profiling were computerized for retrieval and management information to take actions according to the need of the people. It also served as a bench mark for monitoring the impact of different activities on people’s standard of living and quality of life. The database contained: a. Profile of PAPs/PAFs b. R & R options of PAPs/PAFs (Entitlement Matrix) Rehabilitation Action Plan was followed on the basis of socio-economic condition of the affected people and magnitude of land loss which contented an entitlement matrix of the persons. Community Development works: In addition to above measures, JITPL limited based on the outcome of the social assessment was also undertake need based developmental work like construction of road, drinking water facility, community centre etc. for overall upliftment of surrounding, village and community. These works shall be carried out by RPDAC chaired by the concerned District Collector. II.11 Reporting Format for Entitlement Matrix: The report was in three formats such as; II.11.1 Academic Report A base line socio-economic report containing all the outputs referred under the scope of study. This report served as the abstract of the entire survey. It contained terms of reference, period of data collection, any official confirmation, clarification, direction in respect of policy changes, methodology etc. Findings were summarized in appropriate chapters as the data demand. Here we have presented data in tables, graphs, charts, pictographs, percentages, proportions, correlations, time series etc. It will contain separate chapters/headings/sections for specific vulnerable groups, such as women, Scheduled castes and Scheduled tribes and any other group deemed to be vulnerable. II.11.2 Comprehensive Report This report contained separate lists of different categories of households. These lists were given in a specified Tabular Format profiling each family in respect its total members, marital status, relation to head of household, age, sex, education, occupation, income, land held, house owned, site owned etc. These lists are as follows: 13 (i) List of all Scheduled Castes’ Families (ii) List of all Scheduled Tribes’ Families (iii) List of all Agricultural Laborer Families (Landless) (iv) List of all Nonagricultural Laborer Families (Landless) (v) List of all BPL families (without homestead) (vi) List of Petty Traders/ Businessmen (vii) List of Rural Handicraftsmen Families (viii) List of all Handicapped persons (ix) List of Orphans/ Destitutes (x) List of Widows/ Abandoned Wives/ Divorcees (xi) List of Unmarried women beyond 30 years of age (xii) List of persons aged beyond 50 years who cannot be provided with alternative livelihood and who are not covered as part of family (xiii) List of all BPL Families (xiv) List of Occupiers (xv) List of Tribal Families which have encroached forest lands as on 13.12. 2005 (xvi) List of displaced families (separately for SC, ST and Others). (xvii) List of families losing all agricultural land. (xviii) List of families being reduced to Marginal farmer status (xix) List of families reduced to small farmer status. 2. The report was given in respect of each family’s options chosen by them II.11.3. Entitlement Matrix The report contained a separate, clear, and complete ENTITLEMENT MATRIX for each family and its different members as per R&R Policy in a specified Tabular Format. This matrix shall serve as the guide for distribution of R&R benefits to each family and its members as per policy. It will be prepared with greatest care after cross checking of all data relevant to the family. 14 CHAPTER III Socio-Economic Condition of Project Affected Families III.1 Introduction The Socio-Economic Survey was carried out to capture the Socio-Economic condition of the project affected families and their knowledge regarding the awareness about the project. The survey also captures the Social and Infrastructural benefits to be accrued by the PAFS, their opinion is sought about the rate of compensation and livelihood steps to be taken by the project authority. The RAP (Rehabilitation Action Plan) was framed according to the Rehabilitation and Resettlement, 2006 of Govt. of Orissa. The Rehabilitation and Resettlement of Project Affected Families depends on a reliable and adequate socioeconomic detail of the affected area and its population. Rehabilitation Action Plan is based on the socioeconomic survey which provided detailed family background of the affected population and the cultural base of the locality The demographic profile gives an idea about the social fabric of PAFs on the basis of their ethnic group, family type, caste, age group, sex and education and other variables, whereas the economic profile helps in ascertaining their living standard through various indicators like occupation, income, and land holdings etc. The identification of Project Affected Families (PAF) was done as per the Family Definition as per Orissa R&R Policy, 2006. Family” means the person and his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other members residing with him or her and dependent on him or her for his / her livelihoods. Note:- Each of the following categories will be treated as a separate family for the purpose of extending rehabilitation benefits under this policy. (i) A major son irrespective of his marital status. (ii) Unmarried daughter / sister more than 30 years of age. (iii) Physically and mentally challenged person irrespective of age and sex;(duly certified by the authorized Medical Board). For this purpose, the blind / the deaf/ the orthopedically handicapped / mentally challenged person suffering from more than 40% permanent disability will only be considered as separate family. (iv) Minor orphan, who has lost both his/her parents. (v) A widow or a woman divorcee. 15 III.2 Identification of affected families: Identification of affected families is one of the key outputs expected from the socio-economic survey. According to the R&R Policy, 2006 of Government of Orissa, the survey is also required to classify families as ‘Original’ and ‘Separate’ among the affected families identified in the survey. Table 3.1 Number of Original, New and Separate affected families Place of land location Takua No. of Original Family 48 No. of New Family 74 Total No. of Separate (Extended) Family 122 06 11 17 54 85 139 Derang & Other Village Total The above table indicates that there are 54 original families, 85 new families as per R&R Policy, 2006 and thus, 139 separate (extended families) are found in the project area. It is also found that more number of Original and total families are affected by land acquisition in the villages of Takua. Less number of families are affected in Derang and other villages. It is felt evident from the above table that the income restoration and community development programme would be taken up in Takua village. Place of land location Major Son Table 3.2 Classification of Separate Families Unmarried Widow Physically & Orphan Daughter Mentally (>30yrs) Challenged 2 5 1 - Others (Not falling in any of the category) - Total Takua 113 Derang & Other Village Total 16 - 2 - - - 18 129 2 7 1 - - 139 121 The vulnerable groups such as 2 Unmarried daughters > 30 years of age as well Physically Challenged Persons, 01 physically challenged person and 07 widows in the project affected families require special attention to free from impoverishment risks. 16 III.3 Socio-Economic Condition of affected families: Table 3.3.1 Caste / ethnic composition of affected families Ethnic Group Number Percent SC 02 3.7 SEBC /OBC 52 96.3 Total 54 100.0 By far the most disadvantaged by the development projects were members of Scheduled Tribes which are non-existent in this project. There are 02(3.7%) PAFs belong to SC and the rest 52(96.3% belongs to SEBC/OBC. Table 3.3.2 Age wise Composition of Population Age Number Percent 0-5 19 6.0 6-17 46 14.5 18-39 124 39.1 40-59 92 29.0 60 & above 36 Total 317 11.4 100.0 The age structure of the population of project affected families above indicate that there are 6% are in the age group of 0-5 years which needs special attention to promote educational facililities in Anganwadi centres. 39.1% PAFs who fall between the age group of 18-39 may be provided support service of skills and vocational training for self employment. 17 Table 3.3.3 Marital Status of Affected Family Members Marital Status Number Percent Married 192 60.6 Un-Married 114 36.0 Widow 7 2.2 Widower 4 1.3 317 100.0 Total Table 3.3.4 Educational Status Education Number Percent Illiterate 31 9.8 Pre-Primary 46 14.5 Primary completed 26 8.2 Middle 80 25.2 High School completed 1 .3 Higher Secondary 1 .3 10+2 Intermediate 23 7.3 Graduation & above 33 10.4 Technical 59 18.6 Child 17 5.4 Total 317 100.0 18 It is found that highest number of PAFs i.e. 18.6% is technical persons (Computer trained, Drivers, ITI etc.) among the PAFs who may be considered as employment potential for employment. Table 3.3.5 Gender SEX Number Percent Male 167 52.7 Female 150 47.3 Total 317 100.0 The above table and graph reveals that the sex composition of the affected population shows that 52.7% are males while the rest, 47.3% are females. Table 3.3.6 Occupational Profile Occupation Number Percent Agriculture 48 15.1 Non-Agri-Wage-labour 17 5.4 Old/Retired Person 24 7.6 Govt. Service 37 11.7 Pvt. Job 4 1.3 Dependent 187 59.0 Total 317 100.0 The occupational pattern of the project affected is essential to plan the PAFs specific rehabilitation strategy for meaningful rehabilitation. It is observed that the highest i.e. 15.1% PAFs are engaged in agriculture followed by 11.7% in Govt. service and 7.6% are old and retired persons. 19 Table 3.3.7 Land Particulars Land Number Percent Particulars Upto 2.5 48 88.9 >2.5-5.0 5 9.3 >5.0-10.00 1 1.9 Total 54 100.0 The landholding pattern indicates that 88.9% PAFs owned upto 2.5 acres of land. . Table 3.3.8 Land loss in percentage Land loss (%) Number Percent Upto 0.01 11 20.4 >0.01-0.05 24 44.4 >0.05-0.10 13 24.1 >0.10-0.22 6 11.1 Total 54 100.0 It is seen that 88.9% PAFs will loose upto 0.10 decimals of land for the proposed land acquisition which would not affect the land holding pattern so much 20 Table 3.3.9 Income of Original Families Income Range Number Percent Upto 15,000 4 7.4 >15,001-30,000 4 7.4 >30,001-50,000 7 13.0 >50,001-100,000 11 20.4 >1,00,001-2,00,000 5 9.3 >2,00,001-5,00,000 10 18.5 >5,00,000 13 24.1 Total 54 100.0 It is found that 14.8% PAFs falls between the income category of Rs. >30,000 which is the lowest income category PAFs need more attention to enhance their income level through income generation schemes. Table 3.3.10 Aspects of Housing Condition Separate Space for Number Percent Yes 43 79.6 No 11 20.4 Total 54 100.0 Animals 21 Bathroom Facility Number Percent Yes 13 24.1 No 41 75.9 Total 54 100.0 Toilet Facility Number Percent Yes 13 24.1 No 41 75.9 Total 54 100.0 Washing Place Number Percent Yes 12 22.2 No 42 77.8 Total 54 100.0 Table 3.3.11 Construction materials of house Wall Type Number Percent Brick 51 94.4 Mud 03 5.6 Total 54 100.0 22 Roof Type Number Percent Thatched 2 3.7 Tile 20 37.0 Concrete 32 59.3 Total 54 100.0 Number Percent Mud 3 5.6 Cement 51 94.4 Total 54 100.0 Floor Type Declaration: All the Project Affected Persons opted for Cash for Land Compensation and Rehabilitation Assistance. III.4 Expectation of affected families: The expectation of PAFS hinges on employment in the project. Jobs for PAFs who have technical knowledge should be given preference in availing jobs in the project. If jobs are not available, training on self employment should be given to PAFs to improve their skills so that they can start a business, enter an income generation scheme, or do any other work for their livelihood. Vulnerable groups like women-headed families; SC/ST, widows and others should be given preference for livelihood promotion through strengthening the SHGs for different income generation . For the community benefit, they expect the improvement in Health, Drinking Water and renovation of pond from the project. 23 III.5 Findings of General Infrastructure and Socio-Cultural Survey: Profile of Affected Village: The proposed land acquisition for approach road entails 86% of land of Takua Village in Kaniha Block of Angul District. Land area: The land area of Takua village comprises of 414.46 acres of Anabadi land, 3.44 acres of village commons, 15.78 acres of grazing land, 7.47 acres of Govt. land and 273.56 acres of protected land. Drinking water: The village has various sources of water facilities to meet the daily requirement of the population and livestock. The village has 2 Govt. dug wells and the families own 30 open wells for drinking purpose. Besides, there are 4 ponds for bathing and washing purpose. It is found that there is scarcity of drinking water in the village. Education: The village has primary School and Secondary school education family. So, the children of the village go out side for studying in High School and Colleges. There is an Anganwadi Centre by the Department of Women and Child Development, Govt. of Orissa for providing pre-education to below 6 years of children, growth monitoring and supplementary nutrition for pregnant and nursing mothers. Public Distribution System: The Govt. has opened ration shops in the village for PDS like sugar, rice, wheat etc. in a subsidized price. The village has 2 grocery shops and textile shop to meet the daily requirement of grocery and cloth needs. There are two carpenters in the village to cater to the need of the wooden items for the houses. One cobbler also resides in the villages. Burial Ground: The village has the burial ground for cremation of dead bodies. Every caste and class groups have access to the burial ground. Socio-Cultural facilitiesL To perform the cultural activities and social gathering, there is one festive location, One bhajan mandal, one yubak mandal, one Kothaghar and three temples in the village. 24 III. 6 Resource Mapping: 25 CHAPTER IV LEGAL REQUIREMENT AND REHABILITATION AND RESETTLEMENT POLICY/ENTITLEMENTS IV.1. Introduction Jindal India Thermal Power Limited (JITPL) as a policy imperative tries to fulfill the legal requirements for acquiring private land to establish the Sub-Station. This section presents the legal requirements for the land acquisition process and the Resettlement and Rehabilitation Policy and entitlements for the project affected families. IV.2. Legal Process of Land Acquisition JITPL strictly follows the procedures laid down under the National Law for acquisition of private properties i.e. the Land Acquisition Act (LA Act, 1894, amended in 1984 when land is acquired for the steel industry. Acquisition under this law is a comprehensive process and involves issuance of various notification informing affected persons as well as general public regarding impending acquisition of private land/assets etc. for public purpose. The LA Act specifies that in all cases of land acquisition, no award of land can be made by the government authorities unless all compensation has been paid. JITPL follows an activity schedule for land acquisition. The whole process can be divided in three different phases for better understanding. The process is presented below. IV.3. LAND ACQUISITION PROCESS STAGE-I SECTION-4(1) Publication of a preliminary notification by the Government that land in a particular locality is needed or may be needed for a public purpose or for a company. SECTION-5 Filing of objections to the Acquisition by persons interested and enquiry by collector 26 STAGE-II: SECTION-6 (1) : Declaration of intended acquisition by Government SECTION-7&8 Collector to take order from the government for land acquisition and land to be marked out, measured and planned. STAGE-III: SECTION-9 Public Notice and individual notices to persons interested to file their claims for compensation. SECTION-11 Enquiry into claims & Award by the Collector SECTION-16 Taking possession of the land by the Collector SECTION-17: POSSESSION BEFORE AWARD IN CASE OF EMERGENCY Under S.17 the Government has been given special powers to acquire land without making the award. This power can be used only in cases of urgency. If the Government thinks that it is a case of urgency, it may direct the collector to take possession of the and even though he has not given his award. The collector can acquire the land fifteen days after the publication of the notice under Sec9(1), but not before. IV.4. Policy of Entitlement JITPL has followed the ORISSA RESETTLEMENT AND REHABILITATION POLICY 2006, published in 14th May, 2006 to improve the quality of life of the project affected persons. For the purpose of R & R benefits under the R&R policy, 2006, Development Projects are classified into the following types: 27 Project Types A. Industrial Projects; B. Mining Projects; C. Irrigation Projects, National parks and Sanctuaries; D. Urban Projects and Linear Projects like roads and railways, power lines; and E. Any other Projects Considering the nature of project (Approach Road for Industrial Project )to be established at Takua of Angul district by JITPL, the project is categorized under Para 5 (A) i.e. Industrial Projects; IV.5 Resettlement and Rehabilitation Plan Based on the list approved by Government and option of displaced families, Resettlement and Rehabilitation Plan shall be prepared by the Collector for resettlement and rehabilitation after due consultation with displaced communities in the manner determined by the Government. Such plan should address the specific needs of the women, vulnerable groups and indigenous communities. The same will be placed before the RPDAC for approval. While preparing the plan, the following aspects should be taken into consideration: (i) Site for resettlement habitat shall be selected by the RPDAC in consultation with the displaced families. (ii) No physical displacement shall be made before the completion of resettlement work as approved by the RPDAC. The certificate of completion of resettlement work will be issued by the Collector. (iii) Gram Sabha shall be consulted. (iv) Where there is multiple displacement additional compensation amounting to 50 % of the normal compensation payable, shall be paid to each displaced family over and above the normal compensation in form of ex-gratia. (v) Provisions relating to rehabilitation will be given effect from the date of actual vacation of the land. (vi) Project Authority shall abide by the provisions laid down in this Policy and the decisions taken by RPDAC from time to time provided they are within the ambits of the approved Policy of the Government. 28 (vii) District Administration and Project Authorities shall be jointly responsible for ensuring that the benefits of R & R reach the target beneficiaries in a time bound manner. (viii) Record of Rights of the land and house allotted to the displaced persons should be handed over to them by District Administration while resettling them in the Resettlement habitat. The District Administration shall take steps for immediate declaration of the new Resettlement habitat as a Revenue Village if it is not a part of an already existing Revenue Village. (ix) Steps will be taken by the Project Authorities for acclimatization of the resettled people in new habitat including development of cordial social relationship between the host and resettled communities and to ensure as far as practicable overall improvement of standard of living of the displaced families. (x) Subject to the details regarding provision of employment as enunciated elsewhere in the Policy the project authorities shall give preference in the matter of employment, both direct and indirect as well as through contractors employed by them, for execution, operation and maintenance of the project, to local persons as per the detailed guidelines issued by the State Government from time to time. IV.6. Social Entitlement Framework JITPL Limited prime concern is to rehabilitate and resettle people affected by its operations. Following are the entitlements prescribed by the R&R Policy, 2006 which becomes the guiding principle for JITPL Limited.. a. Land Acquisition and Payment of Compensation / Award Procedure prescribed by Government shall be followed in acquiring land and other properly and for payment of compensation / award. All compensation money due to the “displaced families” / project affected persons shall be paid through account payee cheques. As regards “public properly” like School Building, Club House, Hospital, Panchayat Ghar, Electrical installation, place(s) of worship, value of such properly affected shall be deposited with the concerned District Collector. Either Project for District Administration shall take up construction at the place as would be determined in consultation with representatives of displaced persons. The Project proponent may opt for direct purchase of land on the basis of negotiated price after issue of notification requiring acquisition of land under relevant Act(s). If acquisition of land through direct purchase fails, other provisions of the relevant Act may be invoked. Land not utilized by the Project within the prescribed time limit and for the required purposes shall be resumed. 29 b. Rehabilitation assistance Rehabilitation Assistance will be specific to the ‘type’ of project as mentioned at para 5 above, because of difference in nature of projects, their source(s) of funding and magnitude of displacement / impact. As per R&R Policy, 2006 Clause II Type A: Industrial Projects Entitlement for Rehabilitation Assistance: Employment: Families shall be eligible for employment, by the project causing displacement or loss of all agricultural land. For the purpose of employment, each original family will nominate one member of such family. However, the families as mentioned at Para. 2 (f),(i), (ii), (iii), (iv) or (v) will not be considered separately for employment. Any one from among these categories may, subject to eligibility, be nominated by the family as defined in Para. 2 (f) for the purpose of employment. The project proponent will give preference to the nominated members of the displaced / other families in the matter of employment. The order of preference will be as follows: (i) Displaced families losing all land including homestead land; (ii) Displaced families losing more than 2/3rd of agricultural land and homestead land; (iii) Displaced families losing more than 1/3rd of agricultural land and homestead land; (iv) Displaced families losing only homestead land but not agricultural land; (v) Families losing all agricultural land but not homestead land. Provision for homestead land: Subject to availability, each displaced family will be given at least 1/10th of an acre of land free of cost in a resettlement habitat for homestead purpose. Assistance for Self-relocation: Each of the displaced family who opts for selfrelocation elsewhere other than the Resettlement habitat shall be given a one time cash grant of Rs.63, 000/- in lieu of homestead land. House Building Assistance: Besides, Project Authority shall construct house for each of the displaced families in the resettlement habitat or provide house building assistance of Rs. 1, 87,000/- to each of the displaced families settling in the Resettlement habitat or opting for self relocation elsewhere. 30 Maintenance Allowance: In order to ensure timely vacation, an allowance of Rs.2, 500/- per month per displaced family shall be provided on vacation of land/house for a period of one year from the date of vacation as determined by the Collector concerned. Assistance for Temporary Shed: An assistance of Rs.12, 500/- shall be provided to each displaced family. Transportation Allowance: Transportation allowance of Rs.2, 500/- or free transportation to the resettlement habitat or their new place of inhabitance, shall be provided to each displaced family by the Project Authority. Benefit to landless & homestead-less encroachers common to all categories (a) An encroacher family, who is landless as defined in the Orissa Prevention of Land Encroachment Act, 1972, and is in possession of the encroached land at least for a period of ten years continuously prior to the date of notification under relevant law(s) declaring intention of land acquisition will get ex-gratia equal to compensation admissible under the Land Acquisition Act, 1894 for a similar category of land to the extent of land under his/her physical possession up to a maximum of one standard acre it the encroachment is unobjectionable. While determining the extent of land for such compensation the royalty land held by him/her is to be taken into taken account. (b) An encroacher family, who is homestead less as defined in the Orissa Prevention of Land Encroachment Act, 1972 and is in possession of the encroached land at least for a period of ten years continuously prior to the date of notification under relevant law(s) declaring intention of land acquisition will get ex-gratia equal to compensation, for the similar category of homestead land, against the encroached homestead land up to a maximum of 1/10th of an acres in rural areas or 1/25th of an acre in urban areas, if the encroachment is unobjectionable. While determining the extent of land for such compensation the homestead land held by him/her is to be taken into account. The ex-gratia will be in addition to the actual cost of structures thereon. If the encroachment is found to be objectionable, (s) he will be entitled to the cost of structure only. Other Assistance Common to all categories of projects: (a) Maintenance Allowance: In order to ensure timely vocation, an allowance of Rs. 2,500/- per month per displaced family shall be provided an vocation of land / house for a period of one year from the date of vocation as determined by the Collector concerned. (b) Assistance for Temporary Shed: An assistance of Rs.11,100/- shall be provided to each displaced 31 family. (c) Transportation Allowance: Transportation allowance of Rs.2,500/- or free transportation to the resettlement habitat or their new place of inhabitance, shall be provided to each displaced family by the Project Authority. Provided that State Government in Revenue Department shall review and may revise rate if necessary, once every two years basing on the index point. Additional provisions for assistance Notwithstanding anything contained elsewhere in the policy, the Government or the Project Authority may extend any additional benefits and provisions to the displaced families keeping in view the specific nature of displaced. Definitions (a) “Agricultural Land” means land used or capable of being used or raising of crops, grass or garden produce, horticulture, dairy farming, fish farming, breeding and keeping of live stock and used as pasture or for any other purpose where such use is ancillary to agriculture. (b) “Compensation” has the same meaning as assigned to it under the Land Acquisition Act, 1894. (c) “Cut-off Date” for the purpose of compensation shall be the date on which the notification declaring the intention to acquire land under the relevant Act or under the provisions of this Policy is published. Note:For the purpose of declaring eligibility for R & R benefits, the list of displaced families, will be updated on the 1st of January of the year in which physical displacement id scheduled to take place provided that those families who move into the project area after determination of the “cut-off- date”, will not be eligible for any benefit. (d) “Displaced Family,” means a family ordinary residing in the project area prior to the date of publication of notification under the provisions of the relevant Act and on account of acquisition of his/her homestead land is displaced from such area or required to be displaced. (e) “District Compensation Advisory Committee (DCAC)” means the Committee constituted by Government under relevant provisions of this Policy. (f) ”Family” means the person and his or her spouse, minor sons, unmarried daughters, minor brothers or unmarried sisters, father, mother and other members residing with him or her and dependent on him or her for his / her livehoods. Note:- Each of the following categories will be treated as a separate family for the purpose of extending rehabilitation benefits under this policy. 32 (i) A major son irrespective of his marital status. (ii) Unmarried daughter / sister more than 30 years of age. (iii) Physically and mentally challenged person irrespective of age and sex;(duly certified by the authorized Medical Board). For this purpose, the blind / the deaf/ the orthopedically handicapped / mentally challenged person suffering from more than 40% permanent disability will only be considered as separate family. (iv) Minor orphan, who has lost both his/her parents. (v) A widow or a woman divorcee. (g) “Government” means the Government of Orissa in Revenue Department. (h) “Land Acquisition Officer (LAO)” means an Officer appointed by the Government by an order to perform duties as such under Land Acquisition Act 1894, for the project and shall include a Special Land Acquisition Officer. (i) “Non-Government Organization (NGO)” means any organization duly registered under the Society Registration Act 1860 and functioning for public cause outside the Government. (j) “Original Family” means the family, which at the time of Notification under provisions of relevant Act(s) is living together in a single household with a common kitchen. (k) “Periphery” means the district(s) in which the project is geographically situated (l) “Project” means the construction, extension or improvement of any work such as reservoir, dam, canal, highway, industrial plant, factory, mining, national park, sanctuary, etc. as notified by the Government from time to time and includes its offices and establishment within the State. (m)“Project area” for the purpose of extending R & R benefits means the land, which is acquired / alienated / purchased for establishment of any project. (n) “Project Director Resettlement & Rehabilitation (PD-RR)” means an officer appointed by the Government by an order to perform such duties under R & R Policy of the State, for the project. (o) “Rehabilitation & Periphery Development Advisory Committee (RPDAC)” means the committee constituted by the Government under relevant provisions of this Policy by Government to look after rehabilitation and periphery development matters. (p) “State Level Compensation Advisory Committee” means a committee constituted by Government under the relevant provisions of this Policy. (q) “State Level Council on Resettlement & Rehabilitation (SLCRR)” means the council headed by the Chief Minister constituted by a notification of Government to that effect. 33 CHAPTER V REHABILITATION ACTION PLAN V.1 Introduction The Rehabilitation Plan contains the extent of impact caused by land acquisition due to construction of the Approach Road and spells out the compensation and rehabilitation of the Project Displaced Families (PDF) and Project Affected Families. The RP is based on the detailed household Survey in conformity with Orissa R&R Policy, 2006, SES guidelines of Revenue and Disaster Management Department, Govt. of Orissa. It has been prepared in due consultation with the stake holders especially the local people. Attempts have been made by the JITPL during the design stage to minimize and avoid displacement of families by adopting mitigate measures, i.e., selection of adequate site. However, there will be land acquisition required for the sub project. V.2 Findings of Socio-Economic Survey Sl. No. Impacts of Land acquisition Number/Amount/Percent 1 Total area of agricultural land (acres) 2.91 2 Total number of Original Families losing agricultural land 54 3 Total number of New Families 85 4 Total number of Separate families losing homestead land 139 5 Total Number of Marginal Farmers 6 Total Number of Small Farmers 5 (9.3%) 7 Total Number of Medium Farmers 1 (1.8%) 8 Total Number of ST Families 0 9 Total Number of SC Families 2 (3.7%) 10 Total Number of SEBC/OBC Families 11 Total Number of Gen Families 48(88.9%) 52 (96.3%) 0 34 V.3 Resettlement Policy and Entitlement Matrix The policy framework and entitlements for the Program are based on national law of Land Acquisition Act, 1894 (LAA, amended in 1984) for compensation for the loss of land and structure. For Rehabilitation Assistance, JITPL has adopted the Orissa Rehabilitation and Resettlement Policy, 2006 to provide benefits to the Project Affected Families. V.3.1 Orissa R&R Policy 2006 For the purpose of providing rehabilitation benefits, the Orissa R&R Policy 2006 categorizes development projects into five types viz. A) Industrial Projects; B) Mining Projects; C) Irrigation Projects, National Parks and Sanctuaries; D) Urban Projects and Linear Projects like roads and railways, power lines; and E) Any Other Projects. Considering the nature of project (Approach Road for Industrial Project )to be established at Takua of Angul district by JITPL, the project is categorized under Para 5 (A) i.e. Industrial Projects; V.3.2 Rehabilitation Assistance Apart from the cash compensation for the loss of land, the PAFs are entitled for rehabilitation assistance. Jindal India Thermal Power Limited will also provide rehabilitation assistance to restore/improve the income of the affected people, in proportion to their land/ income loss. Rehabilitation Assistance will be specific to the ‘type’ of project as mentioned at para 5 , because of difference in nature of projects, their source(s) of funding and magnitude of displacement / impact. As per R&R Policy, 2006 Clause II Type A: Industrial Projects V.3.2.1 Entitlement for Rehabilitation Assistance: Employment: Families shall be eligible for employment, by the project causing displacement or loss of all agricultural land. For the purpose of employment, each original family will nominate one member of such family. However, the families as mentioned at Para. 2 (f),(i), (ii), (iii), (iv) or (v) will not be considered separately for employment. Any one from among these categories may, subject to eligibility, be nominated by the family as defined in Para. 2 (f) for the purpose of employment. 35 The project proponent will give preference to the nominated members of the displaced / other families in the matter of employment. The order of preference will be as follows: (i) Displaced families losing all land including homestead land; (ii) Displaced families losing more than 2/3rd of agricultural land and homestead land; (iii) Displaced families losing more than 1/3rd of agricultural land and homestead land; (iv) Displaced families losing only homestead land but not agricultural land; (v) Families losing all agricultural land but not homestead land. Table 5.1 Amount of RA Sl.No. Families under category as per sub-Para. Amount of one time cash (a) above assistance (Rs. in lakhs) (1) (2) (3) (i) Displaced Families coming under category (i) 6.21 (ii) Displaced Families coming under category (ii) 3.73 (iii) Displaced Families coming under category (iii) 2.49 (iv) Families coming under category (iv) and (v) 1.25 As per R&R Policy, 2006, the Project Affected Persons in Approach Road falls under Clause II Type A: Industrial Projects: As the Affected families loose part of agriculture land loss only, they do not fall in any categories mentioned above. Table 5.2 Project Affected Families & Rehabilitation Assistance Project Affected Families Total Category Amount of RA (In Rs.) No. of families as per Orissa 139 Other No RA R&R Policy, 2006 (b) Training for Self-employment: Project authority under the guidance of the Collector concerned will make adequate arrangement to provide vocational training to at least one member of each displaced / other family so as to equip him her to start his/her own small enterprise and refine his/her skills to take advantage of new job opportunities. For those engaged in traditional occupations / handicrafts / handlooms, suitable training shall be organized at the cost of project authority to upgrade their existing skills. 36 We found from the opinion of the Project Affected Persons that extending refresher technical training to ITIs and fresh ITI training to the educated youth, men and women, may open up employment opportunities. There is possibilities of organised SHGs existing in the project area with NGO initiative and then it may be possible to train them on different income generating activities. (c) Convertible Preference Share : At the option of the displaced family and, subject to the provisions of relevant law(s) in force for the time being, the project authority may issue Convertible Preference Share(s) or Secured Bond(s) up to a maximum of 50 % out of one time cash assistance as mentioned in sub-para (a) above. This clause will be taken care of as per the policies JINDAL INDIA THERMAL POWER LIMITED. (d) Provision for homestead land: Subject to availability, each displaced family will be given at least 1/10th of an acre of land free of cost in a resettlement habitat for homestead purpose. Not Applicable (e) Assistance for Self-relocation : Each of the displaced family who opts for self-relocation elsewhere other than the Resettlement habitat shall be given a one time cash grant of Rs. 63,000/- in lieu of homestead land. Not Applicable (f) House Building Assistance: Besides, Project authority shall construct house for each of the displaced families in the resettlement habitat or provide house building assistance of Rs. 1,87,000/- to each of the displaced families selling in the Resettlement habitat or opting for self relocation elsewhere. Not Applicable (g) Shops and Service Units: Project authorities will also construct shops and service units as feasible locations at their own cost, which will be allotted in consultation with Collector to project displaced families opting for self-employment. While allotting such units, preference will be given to physically challenged persons and members of displaced SC & ST families. Not Applicable 37 Other Assistance Common to all categories of projects: (a) Maintenance Allowance: In order to ensure timely vocation, an allowance of Rs. 2,500/- per month per displaced family shall be provided an vocation of land / house for a period of one year from the date of vocation as determined by the Collector concerned. Not Applicable (b) Assistance for Temporary Shed: An assistance of Rs.12, 500/- shall be provided to each displaced family. Not Applicable (c) Transportation Allowance: Transportation allowance of Rs.2, 500/- or free transportation to the resettlement habitat or their new place of inhabitance, shall be provided to each displaced family by the Project Authority. Provided that State Government in Revenue Department shall review and may revise rate if necessary, once every two years basing on the index point. Not Applicable V.4 Periphery Development The Project authority shall be responsible for periphery development as decided by the RPDAC within the guidelines issued from time to time by the State Government. Table 5.3 Common Resource Development in the Project Affected Area Purpose Sl. No. Community Resource 1. Deep tube wells For drinking water 2. Supply of play materials to Anganwadi Centres, Study materials and Scholarship for School Children 3. For literacy for children below 5 years, Health & Nutrition for Nursing and Lactating mothers For Health care. Mobile Health 4. For multi purpose. Renovation of pond 5. For Livelihood restoration Income Generation Scheme 38 Table 5.4 Budget Estimate for Community Development Work under R&R Sl. No. 1. 2. Community Development Work Unit Cost Number (In Rs.) Education 1.1 Educational Promotion for 0-5 years children(Play materials for Anganwadi Centre) 50,000/- 1 50,000.00 1.2 Study materials & stationery in Schools for 614 years students 1,00,000/- 2 2,00,000.00 1.3 Scholarship for meritorious students (50% marks above) 5,000/- 40 2,00,000.00 Lumpsum 5,00,000.00 100,000/- 05 5,00,000.00 3,00,000/- 1 3,00,000.00 50,000 4 2,00,000.00 Health 2.1 Mobile Health Services 3. Drinking Water 3.1 Drinking Water Facility (Installation of Hand Pumps) 4. Infrastructure Development 4.4 Renovation of Ponds (Two Ponds) 5. Cost for Community Development (In Rs.) Livelihood (Women) 6.1 Training & Capacity Development programme for Women Self Help Groups Total 19,50,000.00 39
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